HomeMy WebLinkAboutMINUTES - 12081998 - D9 TO: BOARD OF SUPERVISORS D.9Contra
f ,
FROM:
PHIL BATCHELOR, COUNTY ADMINISTRATOR Costa
December 7, 1'998on`y
GATE: nr fiT �
SUBJECT. AMENDMENTS TO THE INDUSTRIAL SAFETY ORDINANCE
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. RATIFY amendments to the Industrial Safety Ordinance requested by the
Board of Supervisors on December 1, 1998, which include the following:
• Page 4, in the definition of"Department", strike the word"C3epartmenF
and add in its place "Director and any Director authorized deputies".
• Page 4, in the definition of"Feasible", following the word "economic",
add, "environmental. legal, social."
• Page 12, following paragraph "(c)", add a new paragraph, as follows:
"(,d) The Stationary Source whose_employees will not respond to
accidental releases of Regulated Substances need not complywith
jicl (12)(a) through A [sic](12)(c) above provided that they meet the
f llowin l For Stationary Sources with any regulated toxic substance
held in a process abov the threghold quantity-the Stationary urce
is included in the community emergency response plan developed
under Section 11003 of Title 42 of the United States Code (USC) (ii)
For to 'ona Source ted flammable _bstancegl.held
in a process above the threshold guantily the Stationary Source has
coordina e Ms_Rgnsg ggtions with the local fire department (iii)
Approgriate mechanisms are in place to notify emergency responders
when there is sl need for a reponse."
CONTINUED ON ATTACHMENT: ._2._YES SIGNATURE: 111;2 04
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
StGNATUiI IS �t.LLdY
ACTION OF BOARD ON 8, 1 AAA APPROVED AS RECOMMENDED-2 OTHER
'VOTE OF SUPERVISORS SEE THE ATTACHED .ADDENDUM FOR FURTHER BOARD ACTION
I HEREBY CERTIFY THAT THIS IS A
unaummous (ASSENT ------------- TRUE AND CORRECT COPY OF AN
AYES:,TT 0 Tyy NOES: iII & I ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES QIP THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED Dege l er 8. 1998
prig: PHIL BATCHELOR, CLERK OF
cc: THE BOARD OF SUPERVISORS
AND ADMINISTRATOR
wee BY I x5f_
,DEPUTY
• Page 19, section 450-8.028 Penalties, in the last line, strike the word
"#twee#", and add at the end of the sentence the following: ", and
Article 14-8 (criminal enforcement), as misdemeanors or infractions"
• Page 20, add a new section, as follows:
"450-8.030 ANNUAL PERFORMANCE REVIEW AND EVALUATION.
(A) The Department shall annually: (1) Review its activities to implement this
Chapter, and 2) Evaluate the effectiveness of this Chapter in achieving its
purpose and goals pursuant to Section 450-8.004.
(B) An annual performance review and evaluation report shall be pared
by the Department based upon the previous fiscal year's activities and shall
be submitted to the Board of Supervisors on or before October 31 2000 and
each year thereafter. The report shall contain:
(1) A brief description of how the Department is meeting the
requirements of this Chapter as follows: (1) Effectiveness of the
Department's program to ensure Stationary Source compliance with
this Chapter. (ii) Effectiveness of the procedures for records
management. (iii) Number and type of audits and inspections
conducted by the Department pursuant to this Chapter (iv) Number .
of Root Cause Analyses and/or Incident Investigations conducted by
the Department. () The Department's -process for public
participation. (vi) Effectiveness of the Public Information Bank
including status of electronic accessibilb. (vii) Effectiveness of the
Hazardous Materials Ombudsperson. (viii) Other reg...uired program
elements necessary to implement and manage this Chapter.
(2) A listing of all Stationary Sources covered by the Chapter
including for each: (1) The status of the Stationary Sources' [sic
Safety Plan and Program (ii) A summary of all StationaU Source
Safety Plan updates and a listing of where the Safety Plans are
publicly available. (iii) The annual accident history report submitted
by the Stationary Source pursuant to Section 450-8.016 (E)_(2,). Qv)
A summary, including the status, of any Root Cause Analyses and
Incident Investigations conducted or being conducted by the Stationary-
Source
tationarySource and required by this Chapter, including the status of
implementation of recommendations. (v) A summary, including the
status, of any audits, inspections Root Cause Analyses and/or
Incident Investigations conducted or beinc, conducted by the
Department pursuant to this Chapter, including the status of
implementation of recommendations., (vi) Description of inherently-
safer systems implemented by the Stationary Source (vii Legal
enforcement actions initiated by the Department including
administrative, civil, and criminal actions pursuant to this Chapter.
(3) Total penalties assessed as a result of enforcement of this
Chapter.
(4) Total fees service charges or other assessments collected
specifically for the support of this Chapter.
(5) Total personnel and personnel years utilized by the jurisdiction to
directly implement or administer this Chapter.
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(6) Comments from interested parties regarding the effectiveness of
the local program that raiseubp lic safety issues.
(7) The impact of the Chapter in improving industrial safety.
(C) The Degartment shall providea copy of the annual Performance Audit
Submission required by Title 19 Chapter 4.5 Section 2780.5 of the California
Code of Regulations to the Board of Supervisors on or before October 31 of
each year."
• Page 21, add a new section, as follows:
"450-8.032 CONSTRUCTION. Notwithstanding any other provision of this
code and for the purposes of this chapter wherever it provides that the
Department shall act, such direction in all instances shall be deemed and is
directory, discretionary and permissive and not mandatory. Ord. 98-
Section 2.)"
• Page 26, add a new Section, as follows:
",84-63.602 Applicability. The provisions of this chapter shall be applicable
in any non-agricultural zoning district. (Ords. 98- Section 5 96-50 96-20
86-100.)"
2. AGREE to add the following technical amendments, which clarify, but do not
materially change the content of the ordinance as reviewed by the Board on
December 1, 1998 other than to conform the ordinance to State regulations,
and which include the following:
• Page 5, in paragraph "(h)" line 4, strike the comma following
"Department" and add in its place a semi-colon.
• Page 12, add a new paragraph following paragraph (d), as follows:
"(13) Safety Program Management. (a) The owner or operator of a
Stationary Source subject to this Chapter shall develop'a management
system to oversee the implementation of the Safety Program
elements. (b) The owner or operator shall assign a qualified person
or position that has the overall responsibility for the development
implementation and integration of the Safety. Program elements (C)
When responsibility for implementing individual requirements of this
chapter is assigned ed to persons other than the person identified under
section A[sic] (13)(b). the names or positions of these people shall be
documented and the lines of authority defined through an organization
or similar chart."
• Page 15, at the end of paragraph (4), which begins on page 14, add
the following:
"The Stationary Source shall communicate the actions to operating_
maintenance, and other employees whose work assignments are in
theprocess and who may be affected by the recommendations or
actions."
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• Page 15, add a new paragraph following (E)(2), as follows:
"(F) Certification. The owner or operator shall submit in the Safety
Plan a single certification that, to the best of the signer's knowledge
information,and belief formed after reasonable inquiry,the information
submitted is true, accurate, and complete."
3. AGREE to accept the following amendments which, although not discussed
at the Board meeting on December 1, 1998, have subsequently been agreed
to by industry and labor stakeholders:
• Page 14, add at the end of (3), the following:
"The Stationary Source shall select and implement Inherently Safer
Systems to the greatest extent Feasible. If a Stationary Source
concludes that an Inherently Safer System is not Feasible, the basis
for this conclusion shall be documented in meaningfuldetail."
• Page 17, in the next to the last line on the page, delete ,-aftd-and add
at the end of the sentence following "Safety Plan", ", a plan for
providing neutral and random oversight, or a complaint from the
Stationary Source's employee(s)or their representative" [The addition,
through the word "oversight", is viewed as a technical change to
conform the ordinance to CaIARP regulations. The ;last half of the
sentence, beginning with "or a complaint", was added as a result of an
agreement between labor and management stakeholders.]
4. INTRODUCE the attached consolidated redlined copy of the Industrial Safety
Ordinance, which includes all of the above noted amendments, WAIVE
reading, and FIX December 15, 1998 for adoption of the ordinance.
5. APPROVE the allocation of $50,000 for the purpose of 'continuing the
existing community education and outreach effort, including holding
community meetings to seek input on the Safety Plans required under the
ordinance, DIRECT the County Administrator and Health Services Director
to identify a source of funds for this purpose and forward the necessary
documents to the Board to make these funds available for the purposes
indicated.
6. APPROVE the recommendation of the Health Services Department on the
Safe Work Practices Protocol, namely to: "ORDER the (Department to
convene additional meetings of the stakeholders to develop a bid package
and recommend an entity to contract to assess and report back to the Board
on the Bay Area Training Corporation's safe contract worker protocol
program, its effectiveness in the refineries and the refineries'internal auditing
policy and procedures of contract workers' safety".
BACKGROUND:
On December 1, 1998, the Board of Supervisors held a public hearing on
recommendations from the consultants who had been retained to comment on the
Industrial Safety Ordinance, and on the recommendations of the County Planning
Commission, Hazardous Materials Commission and Health Services Director on the
proposed Industrial Safety Ordinance.
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At the conclusion of the public hearing, the Board of Supervisors provided the
following direction to staff:
• Add infraction and misdemeanor penalties for certain violations of the
ordinance.
• Add clarifying language recommended by the Community Development
Director and County Counsel.
• A technical grammatical change to the definition of major chemical accident
or release.
• The approval of funds for community outreach and education, including
meetings with the community.
• Language provided by Mr. Payne regarding an annual review with
suggestions for how this might be accommodated.
• Approval of the recommendation from the Health Services Department
regarding the safe work practices protocols.
• Addressing the word "feasibility„ on pages 4 and 5.
All of the above changes have been made to the attached version of the ordinance,
along with some additional technical changes agreed to by staff, primarily to
conform the ordinance to the CaIARP regulations.
Some additional changes have been included and are identified in recommendation
## 3 above, as a result of additional meetings between labor and management
representatives. It is our understanding that there is now substantial agreement on
the content of the attached version of the ordinance.
cc: County Administrator
County Counsel
Health Services Director
Lew Pascalli, 'Director of Hazardous Materials, HSD
Elinor Blake, Executive Assistant to the Hazardous Materials Commission
Community Development Director
Labor, Management and Environmental Stakeholders (Via HSD)
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ADDENDUM TO ITEM A 9
December 8, 1998 Agenda
ISI
The Board of Supervisors set this date for Introduction of the Industrial Safety{ordinance,
as amended, related actions and to WAIVE reading, and FIX December 15, 1998 for
adoption of same.
Phil Batchelor, County Administrator,presented the staff's recommendations.
Supervisor DeSaulnier moved acceptance of staff's recommendations. Supervisor
Canciamilla seconded the motion.
Supervisor DeSaulnier amended his motion to include reopening the public hearing, and
Supervisor Canciamilla agreed.
The hearing was opened and the following people presented testimony:
Henry Clark, West County Toxics Coalition, 1019 Macdonald Avenue,
Richmond;
Kasha Kessler, P.O. Box 225, Crockett;
Andrew Posner, 523 Camelback Road,Pleasant Hill;
David Nesmith, Communities for a Better Environment and Sierra Club.
Those desiring to speak having been heard, Supervisor Rogers moved to close the public
hearing. Supervisor Canciamilla seconded. The vote was as follows:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and
Rogers
NOES: None
ABSENT: None
ABSTAIN: None
The Board continued to discuss the issues,the Chair called for the question..
ORDINANCE NO. 98-
INDUSTRIAL SAFETY ORDINANCE
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This Ordinance adds Chapter 450-8 to the County Ordinance Code.
Chapter 450-8 imposes regulations which supplement the requirements of California Health and
Safety Code Article 2 (commencing with section 25531) of Chapter 6.95 concerning hazardous
materials management by enacting measures to prevent and reduce the probability of accidental
releases of regulated substances that have the potential to cause significant harm to the public health
and increase participation by industry and the public to improve accident prevention. These
measures include submission of a Safety Plan to the County, stringent requirements for the contents
of a Safety Plan and Safety Program,public review of the Safety Plan, authorization for the County
to require changes in the Safety Plan or Safety Program, an expansion of the list of regulated
substances beyond those covered by the Federal and State Risk Management Program regulations,
and authorization for the County to expand audits and inspections to all units within the Stationary
Source. Root Cause Analysis is required for all Major Chemical Accidents or Releases. A public
outreach and information program is established.
This ordinance substantially readopts Chapter 84-63, originally added by Ordinance No. 96-20 and
repealed by Ordinance No. 96-50, and repeals Chapter 84-63, added by Ordinance No. 96-50.
Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-€13.10 and 84-63.12 of Chapter 84-63, as added by
this ordinance, set forth criteria for land use permits for development projects involving hazardous
waste or hazardous material which encourage business and other entities, in planning such projects,
to give greater emphasis to factors which involve potential health and safety risks to the
surrounding community. Article 84-62.14 is readopted in its entirety.
SECTION II. Chapter 450-8 is added to the County Ordinance Code,to read:
CHAPTER 450-8
RISK.MANAGEMENT
450-8.002 BACKGROUND and FINDINGS. The Board of Supervisors of Contra Costa
County finds as follows:
(A) Recent incidents in Contra Costa County at industrial chemical, petrochemical, and oil
industry facilities have prompted the consideration of reviews, inspections, and audits that
supplement existing federal and state safety programs and the imposition of additional safety
measures to protect public health and safety from accidental releases.
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(13) Section 112(x)(7) of the Clean Air Act (42 C7.S.C.A. § 7412(4)) required the Federal
Environmental Protection Agency("EPA")to promulgate the rule known as the "Risk Management
Program",which is intended to prevent accidental releases of regulated substances, as defined in the
Federal program, and reduce the severity of those releases that do occur. All facilities subject to
this federal regulation must prepare a Risk Management Plan (RMP) based on a Risk Management
Program established at the facility, that includes a hazard assessment of the facility, an accidental
release prevention program, and an emergency response program(40 CFR § 68). The facility must
submit the Federal RMP to the EPA by June 21, 1999 (40 CFR § 68.150-68.185). The Federal
RMP will be available to state and local government and the public.
(C) The California Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95 was
amended effective January 1, 1997 to implement the Federal EPA's Risk Management Program
rule with certain State-specific amendments. The State's Risk Management Program is known as
the California Accidental Release Prevention(CalARP)Program.
(D) The County recognizes that regulatory requirements alone will not guarantee public
health and safety, and that the public is a key stakeholder in chemical accident prevention,
preparedness, and response at the local level. Preventing accidental releases of regulated
substances is the shared responsibility of industry, government, and the public. The first steps
toward accident prevention are identifying the hazards and assessing the risks.', Once information
about chemical hazards in the community is openly shared, industry, government, and the
community can work together towards reducing the risk to public health and safety.
(E) The success of a Safety Program is dependent upon the cooperation of industrial
chemical and oil refining facilities within Contra Costa County. The public must be assured that
measures necessary to prevent incidents are being implemented, including changes or actions
required by the Department or the Stationary Source that are necessary to comply with this chapter.
(Ord. 98-_, § 2.)
450-8.004 PURPOSE and GOALS. (A) The purpose of this ordinance is to impose
regulations which improve industrial safety by the following:
(1) requiring the conduct of process hazard analyses for Covered Processes
handling hazardous materials not covered by the Federal or State Risk
Management Programs;
(2) requiring the review of action items resulting from process hazard
analyses and requiring completion of those action items selected by the
Stationary Source for implementation within a reasonable time frame;
(3) requiring the review of accidental release prevention efforts of Stationary
Sources and providing for the conduct of investigations and analyses for the
determination of the Root Cause for certain incidents;
(4) providing review, inspection, auditing and safety requirements that are more
stringent than those required in existing law and regulations;
(5) providing for public input into the Safety Plan and Safety Program and
public review of any inspection and audit results;
12/4/9$ Page 2
(6) facilitating cooperation between industry, the County, and the public in the
prevention and reduction of incidents at Stationary Sources;
(7) expanding the application of certain provisions of the Federal and State Risk
Management Programs to processes not covered by the Federal or State Risk
Management Programs;
(8) requiring the development and implementation of a written human factors
program; and
(9) preventing and reducing the number, frequency, and severity of accidental
releases in the County.
(Ord. 98-_, § 2.)
450-8.406 AUTHORITY. This ordinance is adopted by the County pursuant to its
police power for the purposes of protecting public health and safety by prevention of accidental
releases of hazardous materials and to assure protection of the environment.
(Ord. 98-®, § 2.)
450-8.008 ADMINISTRATION. The Department is charged with the responsibility of
administering and enforcing this chapter.
(Ord. 98-_, § 2.)
450-8.010 APPLICABILITY. (A) This ordinance shall apply to Stationary Sources;
and
(B) The following are exempt from the provisions of this chapter except Sections 450-
8.016(C)and (E), and 8.018 (F)and(G):
(1) storage tanks containing a non-regulated substance, except for storage tanks
that contain a material that meets the combustible liquid definition of 49 CFR
173.120(b);
(2) drum storage of a non-regulated substance; less than 10,000 pounds of a
Hazard Category B material located such that the drums could reasonably be
expected to be involved in a single release; and for a Hazard Category A material,
located such that the drums could reasonably be expected to be involved in a
single release, at less than the quantity specified as the Threshold Planning
Quantity on the Extremely Hazardous Substances list (Appendix A to 40 CFR
Chapter 1, Subchapter J, Part 355, as amended from time to time) or 500 pounds,
whichever is less,
(3) activities in process plant laboratories or laboratories that are under the
supervision of a technically qualified individual as defined in (Section 720.3 (ee)
of 40 CFR. This exemption does not apply to specialty chemical production;
manufacture, processing or use of substances in pilot plant scale operations; and
activities conducted outside the laboratory;
(4) utilities, except for fuel gas and natural gas systems to the',battery limits of a
process unit; and
12/4/98 Page 3
(5) any waste tanks, containers or other devices subject to the Federal and State
hazardous waste laws, including the Resource Conservation and Recovery Act
(RCRA), 40 CFR Chapter I, Subchapter I, commencing with Part 260, the
California Hazardous Waste Control Law, California Health and Safety Code,
commencing with Section 25100 and the California Code of Regulations, Title 22
Division 4.5 Environmental Health Standards for the Management of Hazardous
Waste.
(Ord. 98-_, § 2.)
450-8.012 INSPECTION. The Department shall be allowed reasonable access to any
part of the Stationary Source subject to the requirements of this Chapter, Sections 450-8.016 and
450-8.018 and to supporting documentation retained by the Source for the purpose of
determining compliance with this Chapter.
(Ord. 98-_, § 2.)
450-8.014 DEFINITIONS. For purposes of this chapter the definitions set forth in this
section shall apply. Words used in this chapter not defined in this section shall have the
meanings ascribed to them in the Clean Air Act Regulations (40 CFR § 68.3) and in California
Health and Safety Code article 2 (§ 25531 et seq.) of Chapter 6.95, unless the context indicates
otherwise.
(a) "Covered Process"means any process at a Stationary Source.
(b) "Department" means the Contra Costa County Health Services a#.mefft Director
and M Director authorized deputies.
(c) "Feasible" means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic, environmental, legal social and
technological factors.
(d) "Hazard Category A Materials" are substances which meet the Hazard Category A
Material definition as set forth in Section 84-63.1016.
(e) "Hazard Category B Materials" are substances which meet the Hazard Category B
Material definition as set forth in Section 84-63.1016.
(f) "Industry Codes, Standards, and Guidelines" means the edition of the codes, standards,
and guidelines in effect at the time of original design or construction for the design, construction,
alteration, maintenance or repair of process units, industrial equipment, or other industrial facilities,
structures or buildings published by the American Petroleum Institute (API), the Chemical
Manufacturers Association(CMA), the American Society of Mechanical Engineers (ASME) or the
American National Standards Institute(ANSI).
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..............................................................................................................1.11,11,111,
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(g) "Inherently Safer Systems" means Inherently Safer Design Strategies as discussed in
the 1996 Center for Chemical Process Safety Publication "Inherently Safer Chemical Processes"
and means Feasible alternative equipment, processes, materials, lay-outs, and procedures meant to
eliminate, minimize, or reduce the risk of a Major Chemical Accident or Release by modifying a
process rather than adding external layers of protection. Examples include, but are not limited to,
substitution of materials with lower vapor pressure, lower flammability, or lower toxicity; isolation
of hazardous processes; and use of processes which operate at lower temperatures and/or pressures.
(h) "Major Chemical Accident or Release" means an incident that meets the definition of
a Level 3 or Level 2 Incident in the Community Warning System incident level classification
system defined in the September 27, 1997 Contra Costa County guideline for the Community
Warning System as determined by the Department-;; or results in the release including, but not
limited to, air, water, or soil of a Regulated Substance and meets one or more of the following
criteria:
(1) results in one or more fatalities;
(2) results in greater than 24 hours of hospital treatment of three or more persons;
(3) causes on and/or off-site property damage (including clean-up and restoration
activities) initially estimated at $500,000 or more. On-site estimates shall be
performed by the Stationary Source. Off-site estimates shall be performed by
appropriate agencies and compiled by the Department.;
(4) results in a flammable vapor cloud of more than 5000 pounds.
(i) "Regulated Substance" means (1) any chemical substance which satisfies the
provisions of California Health and Safety Code section 25532 (g), as amended from time to
time, or (2) a substance which satisfies the provisions of Hazard Categories A or B in section
84-63.1016. Mixtures containing less than 1% of a Regulated Substance shall not be considered
in the determination of the presence of a regulated material.
0) —"Risk Management Program" means the documentation, development,
implementation, and integration of management systems by the facility to comply with the
regulations set forth in 40 CFR, Part 68 and the California Health and Safety Code, Article 2,
commencing with Section 25531.
(k) "RMP" means the Risk Management Plan required to be submitted pursuant to the
requirements of the 40 CFR § 68.150-68.185 and the California Health and Safety Code article 2
(Section 25531 et seq.)of Chapter 6.95.
(1) "Root Cause" means prime reasons, such as failures of some management systems,
that allow faulty design, inadequate training, or improper changes, which lead to an unsafe act or
condition, and result in an incident. If root causes were removed, the particular incident would
not have occurred.
(in) "Safety Plan" means the Safety Plan required to be submitted to the Department
pursuant to the requirements of Section 450-8.016 of the chapter.
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,fin) "Safety Program" means the documentation, development, implementation, and
integration of management systems by the Stationary Source to comply with the safety
requirements set forth in Section 450-8.016 of this chapter.
(o) "Stationary Source or"Source"means a facility which includes at least one process as
defined in 40 CFR 68.10 that is subject to Federal Risk Management Program Level 3 requirements
and whose primary North American Industry Classification System code (NAICS) is 324
(Petroleum and Coal Products Manufacturing)or 325 (Chemical Manufacturing).
(Ord. 98-_, § 2.)
450-8.416 STATIONARY SOURCE SAFETY REQUIREMENTS. The Stationary
Source shall submit a Safety Plan to the Department within one year of the effective date of this
ordinance or within three years of the date a facility becomes a Stationary Source, that complies
with the provisions of this section and that includes the safety elements listed in subsection (A)
below. In addition, the Stationary Source shall comply with the safety requirements set forth in
subsections (A) through (E) of this section and shall include a descriptionof the manner of
compliance with these subsections in the Safety Plan. A new Covered Process at an existing
Stationary Source shall comply with subsections(A)through(E)prior to initial startup.
(A) Risk Management Program Elements. Those Covered Processes,not included in the
Federal program level 3 Risk Management Program shall be subject to the Risk Management
Program elements listed below. The Safety Plan shall include a description of the manner in which
these Risk Management Program elements listed below shall be applied to the Covered Process.
These Risk Management Program elements shall be implemented in conformance with the Federal
and State Risk Management Programs and the Safety Plan shall follow Chapters 6 and 7 dated July
1, 1998, and Chapter 9 dated November 2, 1998 of the Contra Costa County Health Services
Department RMP guidance document,June, 1998:
(1) Process Safety Information: (a) The Stationary Source shall complete a compilation
of written process safety information before conducting any process hazard analysis as required
by this chapter. The compilation of written process safety information is to enable the Stationary
Source and the employees involved in operating the Covered Process to identify and understand
the hazards posed by the Covered Process. This process safety information shall include
information pertaining to the hazards of the regulated substances used or produced by the
process, information pertaining to the technology of the process, and information pertaining to
the equipment in the process. Information pertaining to the hazards of the Regulated Substances
in the process.
(i) This information shall consist of at least the following: toxicity information;
permissible exposure limits; physical data;reactivity data: corrosivity data; thermal and chemical
stability data; and hazardous effects of inadvertent mixing of different materials that could
foreseeably occur.
12/4/98 Page 6
(ii) Material Safety Data Sheets meeting the requirements of Section 5189, Title 8 of
California Code of Regulations may be used to comply with this requirement to the extent they
contain the information required by this subsection.
(iii) Information pertaining to the technology of the process shall include at least the
following: a block flow diagram or simplified process flow diagram; process chemistry;
maximum intended inventory; safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and, an evaluation of the consequences of deviations. Where
the original technical information no longer exists, such information may be developed in
conjunction with the process hazard analysis in sufficient detail to support the analysis.
(iv) Information pertaining to the equipment in the process shall include: materials of
construction; piping and instrument diagrams (P&ID's); electrical classification; relief system
design and design basis; ventilation system design; design codes and standards employed;
material and energy balances for processes built after the compliance date of this Chapter; and
safety systems(e.g. interlocks,detection or suppression systems).
(b) The Stationary Source shall document that equipment complies with recognized and
generally accepted good engineering practices.
(c) For existing equipment designed and constructed in accordance with codes,
standards, or practices that are no longer in general use, the Stationary Source shall determine
and document that the equipment is designed, maintained, inspected, tested, and operating in a
safe manner.
(2) Operating Procedures: (a) The Stationary Source shall develop and implement
written operating procedures that provide clear instructions for safely conducting activities
involved in each Covered Process consistent with the process safety information and shall
address at least the following elements: (i) Steps for each operating phase, initial startup; normal
operations; temporary operations; emergency shutdown, including the conditions under which
emergency shutdown is required, and the assignment of shutdown responsibility to qualified
operators to ensure that emergency shutdown is executed in a safe and timely manner;
emergency operations; normal shutdown; and, startup following a turnaround, or after an
emergency shutdown. (ii) Operating limits: consequences of deviation; and steps required to
correct or avoid deviation.
(b) Safety and health considerations: properties of, and hazards presented by, the
chemicals used in the process; precautions necessary to prevent exposure, including engineering
controls, administrative controls, and personal protective equipment; control measures to be
taken if physical contact or airborne exposure occurs; quality control for raw materials and
control of hazardous chemical inventory levels; and, any special or unique hazards.
(c) Safety systems and their functions.
(d) Operating procedures shall be readily accessible to employees who work in or
maintain a process.
(e) The operating procedures shall be reviewed as often as necessary to assure that they
reflect current operating practice, including changes that result from changes in process
chemicals, technology, and equipment, and changes to stationary sources. The Stationary Source
shall certify annually that these operating procedures are current and accurate.
(f) The Stationary Source shall develop and implement safe work practices to provide for
the control of hazards during operations such as lockout/ tagout; confined space entry; opening
12/4/98 Page 7
process equipment or piping; and control over entrance into a stationary source by maintenance,
contractor, laboratory, or other support personnel. These safe work practices shall apply to
employees and contractor employees.
(3) Employee Participation: (a) The Stationary Source shall develop a written plan of
action regarding the implementation of the employee participation required by this chapter.
(b) The Stationary Source shall consult with employees and their representatives on the
conduct and development of process hazards analyses and on the development of the other
elements of the Safety Program in this chapter.
(c) The Stationary Source shall provide to employees and their representatives access to
process hazard analyses and to all other information required to be developed under this chapter.
(4) Training: for each employee in such Covered Process: (a) Initial training. (i) Each
employee presently involved in operating a Covered Process, and each employee before being
involved in operating a newly assigned Covered Process, shall be trained in an overview of the
process and in the operating procedures as specified in Section 450-8.016 (A)(2). The training
shall include emphasis on the specific safety and health hazards, emergency operations including
shutdown, and safe work practices applicable to the employee's job tasks.'' In lieu of initial
training for those employees already involved in operating a process on an owner or operator
may certify in writing that the employee has the required knowledge,skills, and abilities to safely
carry out the duties and responsibilities as specified in the operating procedures.
(b)Refresher training. Refresher training shall be provided at least every three years, and
more often if necessary, to each employee involved in operating a Covered Process to assure that
the employee understands and adheres to the current operating procedures of the Covered
Process. The Stationary Source, in consultation with the employees involved in operating the
process, shall determine the appropriate frequency of refresher training.
(c) Training documentation. The Stationary Source shall ascertain that each employee
involved in operating a process has received and understood the training required by this section.
The Stationary Source shall prepare a record which contains the identity of the employee, the
date of training, and the means used to verify that the employee understood the training.
(5) Mechanical Integrity: including the use of Industry Codes, Standards, and
Guidelines: (a) Application. Paragraphs (b) through (f) of this section apply to the following
process equipment: pressure vessels and storage tanks; piping systems (including piping
components'such as valves); relief and vent systems and devices; emergency shutdown systems;
controls (including monitoring devices and sensors, alarms, and interlocks) and, pumps.
(b) Written procedures. The Stationary Source shall establish and implement written
procedures to maintain the on-going integrity of process equipment.
(c) Training for process maintenance activities. The Stationary Source shall train each
employee involved in maintaining the on-going integrity of process equipment in an overview of
that process and its hazards and in the procedures applicable to the employee's job tasks to assure
that the employee can perform the job tasks in a safe manner.
(d) Inspection and testing. (1) Inspections and tests shall be performed on process
equipment. Inspection and testing procedures shall follow recognized and generally accepted
good engineering practices. The frequency of inspections and tests of process equipment shall be
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_ .__........ ......... ......... ......... ......... ......... .1111.....
_....... ......... ......... ......... ......... ............... ...
......................................................................................................
_......._.......................
consistent with applicable manufacturers' recommendations and good engineering practices, and
more frequently if determined to be necessary by prior operating experience. The Stationary
Source shall document each inspection and test that has been performed on process equipment.
The documentation shall identify the date of the inspection or test, the name of the person who
performed the inspection or test, the serial number or other identifier of the equipment on which
the inspection or test was performed, a description of the inspection or test performed, and the
results of the inspection or test.
(e) Equipment deficiencies. The Stationary Source shall correct deficiencies in
equipment that are outside acceptable limits(defined by the process safety information in Section
450-8.146(A)(1)) before further use or in a safe and timely manner when necessary means are
taken to assure safe operation.
(f) Quality assurance. in the construction of new plants and equipment, the Stationary
Source shall assure that equipment as it is fabricated is suitable for the process application for
which they will be used. Appropriate checks and inspections shall be performed to assure that
equipment is installed properly and consistent with design specifications and the manufacturer's
instructions. The Stationary Source shall assure that maintenance materials, spare parts and
equipment are suitable for the process application for which they will be used.
(6) Management of Change: (a) The Stationary Source shall establish and implement
written procedures to manage changes (except for "replacements in kind") to process chemicals,
technology, equipment, and procedures; and, changes to stationary sources that affect a covered
process.
(b) The procedures shall assure that the following considerations are addressed prior to
any change: the technical basis for the proposed change; impact of change on safety and health;
modifications to operating procedures; necessary time period for the change; and, 'authorization
requirements for the proposed change.
(c) Employees involved in operating a process and maintenance and contract employees
whose job tasks will be affected by a change in the process shall be informed of, and trained in,
the change prior to start-up of the process or affected part of the process.
(d) If a change' covered by this section results in a change in the process safety
information required by Section 454-8.016(A)(1), such information shall be updated accordingly.
(e) if a change covered by this section results in a change in the operating procedures or
practices required by Section 450-8.016(A)(2), such procedures or practices shall be updated
accordingly.
(7) Pre Start-Up Reviews: (a) The Stationary Source shall perform a pre-startup safety
review for new stationary sources and for modified stationary sources when the modification is
significant enough to require a change in the process safety information.
(b) The pre-startup safety review shall confirm that prior to the introduction of regulated
substances to a Covered Process: construction and equipment is in accordance with design
specifications; safety, operating, maintenance, and emergency procedures are in place and are
adequate; for new Covered Processes, a process hazard analysis has been performed and
recommendations have been resolved or implemented before startup; and modified Covered
Processes meet the requirements contained in management of change, Section 450-8.106(A)(6);
and training of each employee involved in operating a process has been completed.
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_ _.. ......_..._.... ......... ......... ......... ......... ......... ......... ......... ..............
......... ......... ......... ......... . ........ .........
_.._............................
(8) Compliance Audits: (a) The Stationary Source shall certify that they have evaluated
compliance with the provisions of this section at least every three years to verify that the
procedures and practices developed under this Chapter are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person knowledgeable in the
process.
(c) A report of the findings of the audit shall be developed.
(d) The Stationary Source shall promptly determine and document an appropriate
response to each of the findings of the compliance audit, and document that deficiencies have
been corrected.
(e) The Stationary Source shall retain the two most recent compliance';audit reports.
(9) Incident Investigation: (a) The Stationary Source shall investigate each incident
which resulted in, or could reasonably have resulted in a catastrophic rebase of a regulated
substance.
(b) An incidentinvestigation shall be initiated as promptly as possible, but not later than
48 hours following the incident.
(c) An incident'investigation team shall be established and consist of at least one person
knowledgeable in the Covered Process involved, including a contract employee if the incident
involved work of the contractor, and other persons with appropriate knowledge and experience to
thoroughly investigate and analyze the incident.
(d) A report shall be prepared at the conclusion of the investigation which includes at a
minimum: date of incident; date investigation began; a description of the incident; the factors
that contributed to the incident; and, recommendations resulting from the investigation. The
written summary shall indicate whether the cause of the incident and/or recommendations
resulting from the investigation are specific only to the process or equipment involved in the
incident,or are applicable to other processes or equipment at the Stationary Source. The incident
investigation report shall be made available to the Department upon request.
(e) The Stationary Source shall establish a system to promptly address and resolve the
incident report findings and recommendations. Resolutions and corrective actions shall be
documented.
(f) The report shall be reviewed with all affected personnel whose job tasks are relevant
to the incident findings including contract employees where applicable.
(g) Incident investigation reports shall be retained for five years.
(10) Hot Work: (a) The Stationary Source shall issue a hot work permit for hot work
operations conducted on or near a covered process.
(b) The permit shall document that the fire prevention and protection requirements in §
5189 of Title 8 of California Code Regulations have been implemented prior to beginning the hot
work operations; it shall indicate the date(s) authorized for hot work; and identify the object on
which hot work is to be performed. The permit shall be kept on file until completion of the hot
work operations.
(11) Contractors: (a) Application. This section applies to contractors performing
maintenance or repair, 'turnaround, major renovation, or specialty work on or adjacent to a
12/4/98 Page 10
covered process. It does not apply to contractors providing incidental services which do not
influence process safety, such as janitorial work, food and drink services, laundry, delivery or
other supply services.
(b) Stationary Source responsibilities. (i) The Stationary Source,; when selecting a
contractor, shall obtain and evaluate information regarding the contract owner or operator's
safety performance and programs. (ii) The Stationary Source shall inform contract owner or
operator of the known potential fire, explosion, or toxic release hazards relatedto the contractor's
work and the process. (iii) The Stationary Source shall explain to the contract owner or operator
the applicable provisions of the emergency response program Section 450-8.016(A)(12). (iv)
The Stationary Source shall develop and implement safe work practices consistent with Section
450-8.016(A)(2), to control the entrance, presence, and exit of the contract owner or operator and
contract employees in Covered Process areas. (v) The Stationary Source shall periodically
evaluate the performance of the contract owner or operator in fulfilling their obligations as
specified in Section 450-8.016(A)(11)(c).
(c) Contract owner or operator responsibilities: (i) The contract owner or operator shall
assure that each contract employee is trained in the work practices necessary to safely perform
his/her job. (ii) The contract owner or operator shall assure that each contract employee is
instructed in the known potential fire, explosion, or toxic release hazards related to his/her job
and the process, and the applicable provisions of the emergency action plan. (iii) The contract
owner or operator shall document that each contract employee has received and understood the
training required by this section. The contract owner or operator shall prepare a record which
contains the identity of the contract employee, the date of training, and the means used to verify
that the employee understood the training. (iv) The contract owner or operator shall assure that
each contract employee follows the safety rules of the Stationary Source including the safe work
practices required by Section 450-8.016(A)(2). (v) The contract owner or operator shall advise
the Stationary Source of any unique hazards presented by the contract owner or operator's work,
or of any hazards found by the contract owner or operator's work.
(12) Emergency Response Program: (a) The Stationary Source :shall develop and
implement an emergency response program for the purpose of protecting public health and the
environment. Such program shall include the following elements: (i) An emergency response
plan, which shall be maintained at the stationary source and contain at least the following
elements: procedures for informing the public and local emergency response agencies about
accidental releases, emergency planning, and emergency response; documentation of proper
first-aid and emergency medical treatment necessary to treat accidental human exposures; and
procedures and measures for emergency response after an accidental release of a regulated
substance; (ii) Procedures for the use of emergency response equipment and for its inspection,
testing, and maintenance; (iii) Training for all employees in relevant procedures and the Incident
Command System; and (iv) Procedures to review and update, as appropriate, the emergency
response pian to reflect changes at the stationary source and ensure that employees are informed
of changes.
(b) A written plan that complies with other Federal contingency plan regulations or is
consistent with the approach in the National Response Team's Integrated 'Contingency Plan
Guidance ("One Plan") and that, among other matters, includes the elements provided in
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.............................................................................................
..........................................
Section 450-8.016(A)(12)(a), shall satisfy the requirements of this section if the Stationary
Source also complies with Section 450-8.016(A)(12)(c).
(c) The emergency response plan developed under this section shall be coordinated with
the community emergency response plan developed under 42 U.S.C. 11003. Upon request of the
local emergency planning committee or emergency response officials,the Stationary Source shall
promptly provide to the local emergency response officials information necessary for developing
and implementing the community emergency response plan.
(d) The Stationary Sourcewhoseemployees will not resDond to accidental releases of
Regulated Substances need not comply with A(12Xa) through A(12 (c) above provided
that they
meet the following (i) For Stationary Sources with any regulated toxic substance held in a
process above the threshold quantily, the Stationary Source is included in the community
emergency response plan develoved under Section 11003 of Title 42 of the United States Code
(USC) (ii) For Stationary Sources with only regulated flammable substances held in a process
above the threshold quantity the Stationary Source has coordinated response actions with the
local fire department (iii) Appropriate
mechanisms are in place to notify emerggg—cy respq der
s
when there is a need for a response.
0 3) Safety Program Management. LaJ The owner or operator of a-Stationary Source
subiect to this Chapter shall develop a management system to oversee the implementation of the
Safety Program elements. (b)The owner or operator shall assign gAualiPied person or Position
that has the overall responsibility for the developmentimplementation, and integration of the
Safety Program elements. (c) hen responsibility for implementing individual requirements of
this chanter is assigned to persons other than the person identified undersection A(13)(b), the
names orpositionsof these people shall be documented and the lines of authority defined
through an organization chart or similar document.
(B) Human Factors Program. (1) Stationary Sources shall develop a written human
factors program that follows the human factors guidance document developed or adopted by the
Department. The program shall be developed within one year following the issuance of the
Contra Costa County guidance documents or the effective date of the ordinance, whichever is
later. The Human Factors Program shall address:
(i) the inclusion of human factors in the Process Hazards Analysis process;
(ii) the consideration of human systems as causal factors in the incident
investigation process for Major Chemical Accidents or Releases or for an
incident that could reasonably have resulted in a Major Chemical Accident or
Release;
(iii) the training of employees in the human factors program;
(iv) operating procedures; and
(v) the requirement to conduct a Management of Change prior to staffing changes
for changes in permanent staffing levels/reorganization in operations or
emergency response. Employees and their Representatives shall be consulted in
the Management of Change.
(2) Employees and their Representatives shall participate in the development of the
written human factors program.
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_ .1.111 .... ... ...... ......... ......... ......... ......... .....................
.................................................................................
(3) The program shall include, but not be limited to, issues such as staffing, shiftwork
and overtime.
(4) A description of the human factors program (b)(1) through (b)(3) above shall be
included in the Safety Plan prepared by the Stationary Source.
(C) Root Cause Analysis and Incident Investigation. (1) Stationary Sources shall
conduct a Root Cause analysis for each Major Chemical Accident or Release which occurs after the
effective date of this chapter. Stationary Sources shall periodically update the Department on facts
related to the release or incident, and the status of a Root Cause Analysis conducted pursuant to this
section, at meetings scheduled by the Department in cooperation with the Stationary Source. To
the maximum extent feasible, the Department and the Stationary Source shall coordinate these
meetings with other agencies with jurisdiction over the Stationary Source. Within 30 days of
completing a Root Cause Analysis performed pursuant to this section, the Stationary Source shall
submit to the Department a final report containing that analysis, including recommendations to be
implemented to mitigate against the release or incident re-occurring, if any, and a schedule for
completion of resulting',recommendations. The methodology of the Root Cause analysis shall be
one of the recommended methodologies from the Center for Chemical Process Safety or shall be
reviewed by the Department to determine substantial equivalency.
(2) The Department may elect to do its own independent Root Cause analysis or incident
investigation for a Major Chemical Accident or Release. If the Department<elects to conduct a
Root Cause analysis or incident investigation the Stationary Source shall cooperate with the
Department by providing the following access and information in a mannerconsistent with the
safety of Department and Stationary Source personnel and without placing undue burdens on the
operation of the Stationary Source. (i) allow the Department to investigate the accident site and
directly related facilities such as control rooms, physical evidence and where practicable the
external and internal inspection of equipment, (ii) provide the Department with pertinent
documentation, (iii) and allow the Department to conduct independent interviews of Stationary
Source employees, subject to all rights of the Stationary Source and employees to be represented by
legal counsel and/or management and union representatives during such interviews. If in the course
of the Department's Root Cause analysis or incident investigation access is required to areas of the
Stationary Source which in the judgment of the Stationary Source require personnel entering the
area to use protective equipment and/or have specialized training the Department shall provide its
personnel with such equipment and training. To the maximum extent feasible the Department shall
coordinate any Root Cause analysis or incident investigation it conducts with investigations
conducted by other agencies with jurisdiction over the Stationary Source to minimize the adverse
impacts on the Stationary Source and/or its employees.
(3) No part of the conclusions, findings or recommendations of the hoot Cause analysis
conducted by the Department or Stationary Source, or incident investigation conducted by the
Department,relating to any Major Chemical Accident or Release or the investigation thereof shall
be admitted as evidence or used in any action or suit for damages arising out of any matter
mentioned in such report'.
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_.. _.. ......... ......... ......... ......... ............................._...
... . ..................................................................................
(D) Process Hazard Analysis/Action Items. (1) Process hazard analyses will be
conducted for each of the Covered Processes not included in the Federal program level 3 Risk
Management Program according to one of the following methods; What-If, Checklist, What-
If/Checklist Hazard and Operability Study(HAZOP),Failure Mode and Effects Analysis (FMEA),
Fault Tree Analysis or an appropriate equivalent methodology approved by the Department prior to
conducting the process hazard analysis. The process hazard analysis shall be appropriate to the
complexity of the Covered Process and shall identify, evaluate, and control the hazards involved in
the Covered Process. The process hazard analysis shall address: the hazards of the process; the
identification of any previous incident which had a likely potential for catastrophic
consequences; engineering and administrative controls applicable to the hazards and their
interrelationships such as appropriate application of detection methodologies to provide early
warning of releases. (Acceptable detection methods might include process monitoring and
control instrumentation with alarms, and detection hardware such as hydrocarbon sensors.);
consequences of failure of engineering and administrative controls; Covered Process and
Stationary Source siting; Human Factors; and a qualitative evaluation of a range of the possible
safety and health effects of failure of controls. All process hazard analyses shall be performed by
a team with expertise in engineering and process operations, and the team shall include at least one
employee who has experience and knowledge specific to the process being evaluated. Also, one
member of the team must be knowledgeable in the specific process hazard analysis methodology
being used.
(2) The process hazard analyses shall be conducted within 1 year of the effective date of
this Chapter and no later than the submittal date of the Safety Plan. Previously completed process
hazard analyses that comply with the California Code of Regulations, Title 8, Section 5189, and/or
the California Code of Regulations, Title 19, Section 2760.2 are acceptable for the purposes of this
Chapter. Process hazard analyses shall be updated and revalidated at least once every 5 years after
completion of the initial process hazard analysis. Updated and revalidated process hazard analyses
completed to comply with the California Code of Regulations, Title 8, Section 5189, and/or the
California Code of Regulations, Title 19, Section 2760 are acceptable for meeting the update and
revalidation requirement. External events, including seismic events, shall' be considered for
processes containing a substance defined in the California Code of Regulations, Title 19, Chapter
4.5 1, Section 2770.5, if the distance to the nearest public receptor for a worst case release scenario
specified by the California Code of Regulations, Title 19, Chapter 4.51, Section 2750.3 is beyond
the distance to a toxic or flammable endpoint as defined in California Code of Regulations, Title
19, Chapter 4.5 1, Section 2750.2(x).
(3) For all Covered Processes,the Stationary Source shall consider the use of Inherently
Safer Systems in the development and analysis of mitigation items resulting from a process hazard
analysis and in the design and review of new processes and facilities. The Stationary Source shall
select and implement InherentlSafer Systems to the greatest extent Feasible If a Stationary
Source concludes that an Inherently Safer Siem is not Feasible the basis for this conclusion shall
be documented in meaningful detail.
(4) For all Covered Processes, the Stationary Source shall document the decision made to
implement or not implement all process hazard analysis recommended action items and the results
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_... ......... ......... ........... ....... .........
of recommendations for additional study. The Stationary Source shall complete recommended
actions identified by the process hazard analysis and:selected for implementation by the Stationary
Source as follows: all actions not requiring a process shutdown shall be completed within one year
after submittal of the Safety Plan; all actions requiring a process shutdown shall be completed
during the first regularly scheduled turnaround of the applicable process subsequent to one year
after submittal of the Safety Plan unless the Stationary Source demonstrates to the satisfaction of
the Department that such a schedule is infeasible. For recommended actions not selected for
implementation, the Stationary Source shall include the justification for not implementing the
recommended action. For all Covered Processes, the Stationary Source shall retain documentation
of closure, and any associated justifications, of actions identified by the process hazard analysis.
The Stationary Source shall communicate the actions to operating maintenance, and other
employees whose work assignments are-in-the process and who may be affected by the
recommendations or actions.
(E) Accident History. (1) The Stationary Source shall include an accident history in the
Safety Plan of all Major Chemical Accidents or Releases from June 1, 1992, through the date of
Safety Plan submittal to the Department. For each Major Chemical Accident or Release the
Stationary Source shall report the following information,to the extent known:
date,time and approximate duration of the release;
chemicals released;
estimated quantity released in pounds;
type of release event and its source;
weather conditions at the time of the release;
on-site impacts;
known off-site impacts;
initiating event and contributing factors;
Root Cause(s);
whether off-site responders were notified;and
operational or process changes that resulted from the investigation of the release.
(2) The Stationary Source shall annually submit a report of the accident history to the
Department. The first report shall be due two years after the effective date of this ordinance, and
subsequent reports shall be due on the anniversaries of the effective date of the ordinance.
ff) Certification. The owner or operator shall submit in the Safety Plan a single
certification that, to the best of the signer's knowledge, information, and belief formed after
reasonable inquiry, the information submitted is true,accurate andcomplete.
450-8,018 REVIEW, AUDIT, AND INSPECTION. (A) Upon submission of a Safety
Plan by the Stationary Source, the Department shall review the Safety Pian to determine if all the
elementsrequired by Section 450-8.016 are included and complete. The Department shall provide
to the Stationary Source a written Notice of Deficiencies, if any. The Stationary Source shall have
60 calendar days from receipt of the Notice of Deficiencies to make any, corrections. The
Stationary Source may request, in writing, a one time 30 day calendar day extension to correct
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deficiencies. By the end of the 60 calendar days or any extension period, the Stationary Source
shall resubmit the revised Safety Plan to the Department. After the Department determines that the
Safety Plan is complete, the Department shall schedule a public meeting on the Stationary Source's
Safety Plan to explain its contents to the public and take public comments. The Department shall
make portions of the Safety Plan, which are not protected trade secret information, available to the
public for the public meeting.
(B) (1) The Department shall,within one year of the submission of the Stationary Source's
Safety Plan, conduct an initial audit and inspection of the Stationary Source's Safety Program to
determine compliance with this Chapter. Based upon the Department's review of the Safety Plan
and the audit and inspection of the Stationary Source,the Department may require modifications or
additions to the Safety Plan submitted by the Stationary Source, or Safety Program to bring the
Safety Plan or Safety Program into compliance with the requirements of this Chapter. Any
determination that modifications or additions to the Safety Pian or Safety Program are required
shall be in writing, collectively referred to as the "Preliminary Determination". The Preliminary
Determination shall explain the basis for the modifications or additions required to bring the Safety
Plan or Safety Program into compliance with the requirements of this Chapter. The Preliminary
Determination shall be mailed to the Stationary Source.
(2) The Stationary Source shall respond in writing to the Preliminary Determination issued
by the Department. The response shall state that the Stationary Source will incorporate into the
Safety Planor Safety Program the revisions contained in the preliminary determination or shall
state that the Stationary Source rejects the revisions; in whole or in part. For each rejected revision,
the Stationary Source shall explain the basis for rejecting such revision. Such explanation may
include substitute revisions.
(3) The Stationary Source's written response to the Department's Preliminary
Determination shall be received by the Department within 90 days of the issuance of the
Preliminary Determination or such shorter time as the Department specifies'in the Preliminary
Determination as being necessary to protect public health and safety. Prior to the written response
being due and upon written request from the Stationary Source, the Department may provide, in
writing, additional time for the response to be received.
(4) After receiving the written response from the Stationary Source, the Department shall
issue a public notice per the Department's Public Participation Policy and make portions of the
Safety Plan, the Preliminary Determination and the Stationary Source's responses, which are not
protected trade secret information,available for public review. Public comments on the Safety Plan
shall be taken by the Department for a period of 45 days after the Safety Plan, the Preliminary
Determination and the Stationary Sources responses are made available to the public. The
Department shall schedule a public meeting on the Stationary Source's Safety Plan during the 45
day comment period. The public meetings shall be held in the affected community on evenings or
weekends.
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(C) Based upon the Department's Preliminary Determination, review of the Stationary
Sources responses and review of public comments on the Safety Plan, the Preliminary
Determination and the Stationary Source's responses, the Department may require modifications or
additions to the Safety Plan submitted by the Stationary Source or Safety Program to bring the
Safety Plan or Safety Program into compliance with the requirements of this Chapter. Any
determination that modifications or additions to the Safety Plan or Safety Program are required, and
any determination that no modifications or additions to the Safety Plan or Safety Program are
required shall be in writing, (collectively referred to as "Final Determination") shall be mailed to
the Stationary Source and shall be made available to the public. The Department may not include
in a Final Determination any requirements to a Safety Plan or Safety Program which would cause a
violation of, or conflict with, any state or federal law or regulation or a violation of any permit or
order issued by any state or federal agency.
(D) Within 30 days of the Department's Final Determination, the Stationary Source and/or
any person may appeal the Final Determination to the Board of Supervisors pursuant to Chapter 14-
4 by a verified written notice of appeal filed with the Clerk of the Board of Supervisors and
payment of the applicable appeal fee. The appeal must be limited to issues raised during the public
comment period. The notice shall state the grounds for any such appeal, including(i)the reasoning
that the appeal is necessary because the Stationary Source is in compliance with this Chapter, or(ii)
the reasoning that the appeal is necessary to bring the Stationary Source into compliance with this
Chapter. In acting on the appeal, the Board shall have the same authority over the Final
Determination as the Department. The Board may require modifications or additions to the Safety
Plan or Safety Program to bring the Safety Plan or Safety Program into compliance with the
requirements of this Chapter. The Board may not include in its decision on the Final Determination
any requirements to a Safety Plan or Safety Program which would cause a violation of, or conflict
with, any State or Federal law or regulation or a violation of any permit or order issued by any State
or Federal agency. The decision of the Board of Supervisors shall be final with respect to the Final
Determination.
(E) The Safety Plan shall be valid for a period of three years from the date of final action
and shall be reviewed and updated by the Stationary Source every three years pursuant to the
requirements of this ordinance. Any revisions to the Safety Plan as a result of the review and
update shall be submitted to the Department and shall be subject to the provisions of this Section.
(F) The Department may, within 30 days of a Major Chemical Accident or Release,
conduct a safety inspection to review and audit the Stationary Source's compliance with the
provisions of Section 450-8.016. The Department shall review and audit the Stationary Source's
compliance with the provisions of Section 450-8.016 at least once every three years. The
Department may audit the Stationary Source based upon any of the following criteria: accident
history of the Stationary Source, accident history of other Stationary Sources in the same industry,
quantity of Regulated Substances present at the Stationary Source,location of the Stationary Source
and its proximity to the public and environmental receptors, the presence of specific regulated
substances, -a -the hazards identified in the Safety Plan,a flan for providing neutral and random
oversight, or,a complaint from the Stationary Source's em°► vee s or their representative. The
12/4/98 Page 17
Stationary Source shall allow the Department to conduct these inspections and audits. The
Department, at its option, may select an outside consultant to assist in conducting said inspection.
(G) Within 30days of a Major Chemical Accident or Release the Department may
commence an incident safety inspection with respect to the process involved in the incident
pursuant to the provisions of Section 454-8.016(C).
(H) (1) Based upon the Department's audit, safety inspection or an incident inspection, the
Department may require modifications or additions to the Safety Plan submitted by the Stationary
Source or Safety Program to bring the Safety Plan or Safety Program into compliance with the
requirements of this chapter. Any determination by the Department shall be in writing and shall be
mailed to the Stationary Source(referred to as the Notice of Findings). The Stationary Source shall
have 60 calendar days from receipt of the Notice of Findings to make any corrections. The
Stationary Source may request, in writing, a one time 30 day calendar day ,extension to make
corrections. The Department may not include in its Notice of Findings requirements to a Safety
Plan or Safety Program which would cause a violation of, or conflict with, any state or federal law
or regulation or a violation of any permit or order issued by any state or federal agency. The Notice
of Findings made by the Department will be available to the public.
(2) Within 30 days of the Department's Notice of Findings, the Stationary Source and/or
any person may appeal the Notice of Findings to the Board of Supervisors pursuant to Chapter 14-4
by a verified written notice of appeal filed with the Clerk of the Board of Supervisors and payment
of the applicable appeal fee. The appeal must state the grounds for any such appeal, including (i)
the reasoning that the appeal is necessary because the Stationary Source is in compliance with this
Chapter, or (ii) the reasoning that the appeal is necessary to bring the Stationary Source into
compliance with this Chapter. In acting on the appeal,the Board shall have the same authority over
the Notice of Findings as the Department. The Board may require modifications or additions to the
Safety Plan or Safety Program to bring the Safety Plan or Safety Program into compliance with the
requirements of this Chapter. The Board may not include in its decision on the Notice of Findings
any requirements to a Safety Plan or Safety Program which would cause a violation of,or conflict
with,any State or Federal law or regulation or a violation of any permit or order issued by any State
or Federal agency. The decision of the Board of Supervisors shall be final with respect to the
Notice of Findings.
(1) Nothing in this section shall preclude, limit,or interfere in any way with the authority of
the County to exercise its enforcement, investigatory, and information gathering authorities under
any other provision of law nor shall anything in the Chapter'effect or diminish the rights of the
Stationary Source to claim legal privileges such as attorney client privilege and/or work product
with respect to information and/or documents required to be submitted to or reviewed by the
Department.
(Ord. 98-_, § 2.)
' 12/4198 Page 18
450-8.020 TRADE SECRET. The disclosure of any trade secret information required
by this chapter shall be governed by California Health and Safety CodeSection 25538, as
amended from time to time, or as otherwise protected or required by law.
(Ord. 98-_, § 2.)
450-8.022 HAZARDOUS MATERIALS OMBUDSPERSON. The Department shall
continue to employ an ombudsperson for Hazardous Materials Programs. The ombudsperson
will. serve as a single point of contact for people who live or work in Centra Costa County
regarding environmental health concerns, questions, and complaints about Hazardous Materials
Programs. The ombudsperson will be empowered to identify and solve problems and make
recommendations to the Department. The ombudsperson's role will be one of investigating
concerns and complaints, facilitating their resolution and assisting people in gathering
information'about programs, procedures, or issues. The Ombudsperson may provide technical
assistance to the public if it is requested.
(Ord. 98-_, § 2.)
450-8.024 PUBLIC INFORMATION BANK. The Department shall collect and
provide ready access, including the use of electronic accessibility as reasonably' available, to
public documents which are relevant to the goals of this chapter, including at a minimum,
business plan inventories and emergency response plans, Risk Management Plans, Safety Plans,
and Department incident reports. This section shall not apply to trade secret information or other
information protected from disclosure under federal or state law. The public information bank
shall be completed by December 31,2000.
(Ord. 98-_, § 2•)
450-8.026 FEES. The Department may, upon a majority vote of the Board of
Supervisors, adopt a schedule of fees to be collected from each Stationary Source subject to the
requirements of this chapter. Any review, inspection, audit fee schedule shall be set in an
amount sufficient to pay only those costs reasonably necessary to carry out the requirements of
this chapter, including casts of staff and/or consultant time or public hearings and administrative
overhead. The fee schedule shall include the cost of the ombudsperson position.
(Ord. 98--, § 2.)
450-8.028 PENALTIES. Regardless of the availability of other civil or administrative
remedies and procedures for enforcing this chapter, every act or condition prohibited or declared
unlawful by this chapter, and every knowing or willful failure or omission to act as required
herein, is a violation of this code and shall be punishable and or subject to enforcement pursuant
to the provisions of Chapter 14-6 of the County Ordinance Code specifically including but not
limited to Article 14-6.4 t4efeef-(public nuisance),. and Article 14-8 (criminal enforcement , as
misdemeanors or infractions. -
(Ord. 98-_, § 2.)
12/4/98 Page 19
450-8.030 ANNUAL PERFORMANCE REVIEW AND EVALUATION.
(A) The Department shall annually: (1) Review its activities to implement this Chapter,
and(2) Evaluate the effectiveness of this Chanter in achieving its purpose and goals pursuant to
Section 450-8.004.
(B) An annual performance review and evaluation report shall be prepared by the
Department based upon the previous fiscal year's activities and shall be submitted to the Board
of Supervisors on or before October 31 2000 and each year thereafter. , The report shall contain:
(1) A brief description of how the Department is meeting the a requirements of this Chapter as
follows:f i) Effectiveness of the Department's program to ensure Stationary Source compliance
with this Chapter. (ii) Effectiveness of the procedures for records management iii) Number
and type of audits and inspections conducted by the Department pursuant to this Chapter (iv)
Number of Root Cause Analyses and/or Incident Investigations conducted by the Department
(v)The Department's process for public participation (vi) Effectiveness of the Public
Information Bank, including status of electronic accessibility. (vii) Effectiveness of the
Hazardous Materials Ombudsperson. (viii) Other required program elements necessary to
dement and manage this Chapter.
(2) A listing of all Stationary Sources covered by the Chapter, including for each: (i) The
status of the Stationary Sources' Safety-Plan and Program. (ii) A summary of all Stationary
Source Safety Plan updates and a listing of where the Safety Plans are publicly available
(iii)The annual accident history report submitted by the Stationary Source pursuant to Section
450-8.016(E)(2). fiv) A summary, including the status of any Root Cause Analyses and Incident
Investigations conducted or being conducted by the Stationary Source and required by this
Chapter. including the status of implementation of recommendations (v) A summary including
the status, of any audits, inspections Root Cause Analyses and/or Incident Investigations
conducted or being conducted by the Department pursuant to this Chapter, including the status of
implementation of recommendations (vi) Description of inherentlysafer er systems implemented
by the Stationary Source. (vii) Legal enforcement actions initiated by the Department including
administrative,civil,and criminal actions pursuant to this Chapter
(3) Total penalties assessed as a result of enforcement of this Chapter,
(4) Total fees, service charges and other assessments collected specifically for the
support of this Chapter.
(5) Total personnel and personnel years utilized by the jurisdiction to directly
implement or administer this Chapter.
(6) Comments from interested parties regarding the effectiveness of the local program
that raise public safety issues.
(7) The impact of the Chapter in improving industrial safety,
(C) The Derrartment shall provide a copy of the annual Performance Audit Submission
required by Title 19 Chapter 4.5 Section 2780.5 of the California Code of Regulations to the
Board of Supervisors on or before October 31 of each year.
12/4/98 Page 20
450-8,032 CONSTRUCTION. Notwithstanding anv other provision of this code and for
the purposes of this chanter wherever it provides that the Department shall act such direction in
all instances shall be deemed and is directo1y_discretionary and permissive and not mandatory.
(Ord. 98- 2.)
SECTION III. ORDINANCE NO. 96-50. County Ordinance Code Chapter 84-63, added by
Ordinance No. 96-50 is hereby repealed.
SECTION IV. ORDINANCE NO. 96-20. County Ordinance Code Chapter 84-63, added by
Ordinance No. 96-20 and repealed by Ordinance 96=50, is modified and added to the County
Ordinance Cade.
CHAPTER.84-63
LAND USE PERMITS FOR DEVELOPMENT
PROJECTS INVOLVING HAZARDOUS WASTE
OR HAZARDOUS MATERIAL
Article 84-63.2
General
Ordinance No. 98-
(Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material)
The Contra Costa County Board of Supervisors ordains as follows (omitting the 'parenthetical
footnotes from the enacted or amended provisions of the County Ordinance Cade):
SECTION I. SUMMARY. The County Ordinance Code requires land use permits for the
specified development projects involving hazardous waste or hazardous material in the L-I light
industrial, W-3 controlled heavy industrial, and H-1 heavy industrial land use districts. County
Ordinance Code Chapter 84-63, added by Ordinance No. 86-100, regulates land use permits for
development projects involving hazardous waste or hazardous material. This ordinance repeals
Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6,
84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63, as added by this ordinance, sets forth criteria
for land use permits for development projects involving hazardous waste or hazardous material,
which encourages business and other entities, in planning the project, to give greater emphasis to
factors which involve potential health and safety risks to the surrounding community. Articles
84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of the new Chapter 84-63 continue to
require land use permits for development projects which could significantly and adversely affect
12/4/98 Page 21
public health, safety and the environment. Article 84-63.12 of Chapter, 84-63, added by
Ordinance No. 90.73, is renumbered and readopted in its entirety as Article 84-63.14.
SECTION II. Chapter84-63 of the County Ordinance Code, added by Ordinance No. 86-100
and amended by Ordinances Nos. 91-49, 90-92 and 90-73, is repealed in its entirety, and is
replaced by new Chapter 84-63, added by Section III of this ordinance.
SECTION IIi. Chapter 84-63 is added to the County Ordinance Code, to read:
84-63.202 Purpose. The purpose of this chapter is to promote the health, safety and
general welfare of residents and persons in the County by encouraging businesses and other
entities, in planning and developing projects involving hazardous material or hazardous waste, to
consider factors which involve potential health and safety risks to the surrounding community,
and by requiring land use permits for development projects which could significantly and
adversely affect public health, safety and the environment.
(Ords. 98-_ § 5, 96-50, 96-20, 90-92, 86- 100.)
84-63.204 Conflict. This chapter is not intended, and should not be deemed, to prevent
or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse
compliance with any other County ordinance, including other requirements of this code.
(Ords. 98-_ §5, 96-50, 96-20, 86-100.)
Article 84-63.4
Definitions
84-63.402 General. As used in this chapter,the words and phrases defined in this article
shall have the meanings given unless the context otherwise requires.
(Ords. 98 § 5, 96-50, 96-20.)
84-63.404 "Baseline Period.' „Baseline period" means the consecutive twelve month
period of time during which activity is measured for purposes of this chapter. The baseline
period shall be any twelve consecutive month period within five years of the date of the submittal
of the application that is reflective of a normal year of operation.
(Orris. 98-_ § 5, 96-50, 96-20.)
84-63.406 "Change-in-risk project." A "change-in-risk project" means a new use of
an existing building, structure, or facility,not involving construction other than miner alterations,
which use will involve a hazardous material or hazardous waste in a higher hazard category and
which use will result in a hazard score higher than the hazard score of the previous use.
(Ords. 98-_ § 5, 96-50, 96-20.)
12/4/98 Page 22
84-63.408 "Commercial property." "Commercial property" meansall properties with
a commercial designation in the general plan including but not limited'to the following:
commercial, regional commercial,airport commercial, office, and business park.
(Ords. 98-_§ 5, 96-50, 96-20.)
84-63.410 "Development project." (a) A "development project" means a new
permanent building, structure or facility to be constructed that will manage hazardous materials
or hazardous waste, or a permanent change-in-risk project.
As used in this section, "permanent" when used to describe a building, structure, or
facility, or the new use of an existing building, structure, or facility (change-in'-risk project)
means that the building,structure, facility or use is intended to be in operation for more than six
months.
(b)A "development project" does not include:
(1) Pipelines and related equipment more than 300 feet from commercial or
residential property. Related equipment includes, but is not limited' to, items such as
valves, fittings, pipe supports, insulation, instrumentation, corrosion protection systems,
heat tracing systems, leak containment systems, and fire protection systems. Related
equipment does not include storage tanks, storage vessels, process units or plants,
mechanical rotating equipment (e.g., pumps, compressors, motors,' turbines, internal
combustion engines, etc.). However, the Zoning Administrator may determine, at the
Zoning Administrator's sole discretion, that minor equipment defined above as not
related is exempt from the ordinance.
(2) Any project consisting only of maintenance, repair, and replacement or minor
modification of existing equipment provided the storage design capacity is not increased
and the hazard category of hazardous material or hazardous waste handled is not
increased.
(3) Any transportable treatment unit that has obtained all required permits and is used
solely for site remediation or waste treatment purposes, provided' the transportable
treatment unit will be located on site for a maximum time limit of one year. The Director
of Community Development will have the authority to grant a one year time extension if
the applicant can demonstrate to the satisfaction of the Director that the unit is temporary.
Otherwise, a land use permit will be required if the unit will remain on the site beyond
the time limit specified above.
(4) Any project for which permit applications have been deemed complete on or
before the effective date of this chapter by the Bay Area Air Quality Management District
or other government agency with jurisdiction over the project provided the project
application has been deemed complete within one calendar year and has completed
CEQA documentation.
12/4/98 Page 23
............................................................................................................1.11,11,111,11, 1
.....................................................................................................................................
................................................................................
..................
The proponent of a project described by subsection (4) of subdivision (b) of this section
may elect to be subject to the requirements of this chapter in lieu of any requirements in effect
prior to the effective date of this chapter.
(Ords. 98-_ § 5, 96-50, 96-20, 90-92, 86-100.)
84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any
hazardous waste into or on any land or water so that such hazardous waste or any constituent
thereof may enter the environment or be emitted into the air or discharged into any waters,
including ground waters.
(Ords. 98-_ § 5, 96-50, 96-20, 86-104.)
84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other similar
types of apparatus.
(Ords. 98-- § 5, 96-50, 96-20.)
84-63.416 "Facility." "Facility" means a group of buildings, structures, or units with
the same purpose on contiguous parcels (including parcels separated by Ia right-of-way, as
defined in section 1002-2.002 of this Code)under common ownership or control.
(Ords. 98-_§ 5, 96-50, 96-20.)
84-63.418 "Finished Product" means a material which can be sold to market as a
commodity.
84-63.420 "Hazardous material." "Hazardous material" means any material that,
because of its quantity, concentration, or physical or chemical characteristics,poses a significant
present or potential hazard to human health and safety or to the environment if released into the
workplace or the environment, and includes any material that is listed in the Code of Federal
Regulations, Title 49, Section 172. 101 (Hazardous Materials Table), as amended from time to
time.
(Ords. 98- § 5, 96-50, 96-20, 86-100.)
84-63.422 "Hazardous waste." "Hazardous waste" means any substance which is
regulated as a hazardous waste by the California Department of Health Services under 22
California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under
Health& Safety Code section 25117, generally as follows:
(a) "Hazardous waste" means either of the following:
(1) A waste, or combination of wastes, which because of its quantity, concentration,
or physical, chemical, or infectious characteristic may either:
(A) Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible,or incapacitating reversible illness.
(B) Pose a substantial present or potential hazard to human health or environment
when improperly treated, stored,transported, or disposed of, or otherwise
managed.
12/4/98 Page 24
.............................................................................................................................................................................
..................................................
(2) A waste which meets any of the criteria for the identification of a hazardous waste
adopted by the State Department of Toxic Substance Control pursuant to the Health &
Safety Code section 2514 I.
(b) "Hazardous waste" includes,but is not limited to, federal Resource Conservation and
Recover Act("RCRA")hazardous waste,extremely hazardous waste and acutely hazardous
waste.
(Orris. 98-_§ 5, 96-50, 96-20, 86- 100.)
84-63.424 "Intermediate Product" means a material which requires further process
treatment on-site or off-site to produce a finished product which can be sold as a commodity.
84-63.426 "Manage." "Manage" means to generate, treat, store, transport, use or
dispose of hazardous material or hazardous waste.
(Ords. 98-- § 5, 96-50,96-20, 86-100.)
84-63.428 "Process Unit" means a collection of interconnected vessels and equipment
designed to separate, purify, react, combine or otherwise chemically or physically alter one or
more feed materials, to produce one or more finished or intermediate products and associated
wastes, defined by plot or boundary limits. For example, a catalytic cracking unit, a
hydrocracking complex, etc. Pieces of a process unit such as pumps, compressors, towers,
reactors,vessels, and other such equipment and appurtenances, do not constitute a process unit.
84-63.430 "Project Description." "Project description" means a written description
and explanation of the construction and operation of a development project. A project
description shall address all phases of and for the life of the project.
The project description shall include the following information as well as any other
information deemed necessary by the Community Development Director for the purpose of
determining the hazard score:
(a) A description of the facility location with respect to major freeways and immediate
neighbors, and the size (in square footage or acreage) of the property on which the facility is
located.
(b) An area map showing the facility in relationship to the surrounding community; and
(c) A description of all significant operations involving hazardous material and/or
hazardous waste currently being managed, and/or proposed to be managed, including a brief
general history of the facility.
(d) A summary of the baseline data for all five years and a justification for the selection
of the representative baseline year of data used in the calculation of the hazard'score.
12/4/98 Page 25
............................
The Community Development Director may waive the requirement of submitting any or
all of the information required by paragraphs(a)through.(d), above.
(Ordso 98-_§ 5, 96-50, 96-20.)
84-63.432 "Residential property". „Residential property" means all properties with a
residential designation in the general plan, including but not limited to the following: single
family residential, multiple family residential, and mobile homes.
(Ords. 98 § 5,96-50,96-20.)
84-63.434 "Sensitive receptor." The term "sensitive receptor", includes schools, general
acute care hospitals, long-term health care facilities, licensed child day care facilities, and
similarly less-mobile populations, and detention facilities including jails, youth camps and other
locked facilities. These facilities have more than twelve people. For the purposes of this section,
"general acute care hospital" has the meaning set forth in Health and Safety Cade section
1250(a), "long term health care facility" has the meaning set forth in Health. and Safety Code
section 1418(a),and "child day care facility" has the meaning set forth in Health and Safety Code
section 1596.750. "School" means any school used for the purpose of the educationof more than
12 children in kindergarten or any grades 1 to 12, inclusive.
(Ards. 98-_ § 5, 96-50, 96-20.)
84-63.436 "Store." "Store" means an act to contain hazardous waste or hazardous
material for any period of time in such a manner as not to constitute disposal of such hazardous
waste or hazardous material.
(Orris. 98-_ § 5, 96-50, 96-20,91-49, 86-100.)
84-6.3.438 "Transport." "Transport" or "transportation" means an act to move
hazardous waste or hazardous material by truck,rail, marine vessel or pipeline.
(Ords. 98-_ § 5,96-50, 96-20, 86-100.)
Article 84-63.6
Applicability
84-63.602 Applicability. The provisions of this chapter shall be V licable in any non-
agricultural zoning district. (Orris. 98-_ § 5, 96-50,96-20, 86-104.)
84-63.604 Exemptions. The following projects and structures are exempt from the
provisions of this chapter:
(a) Any project built solely to comply with federal, state, regional or local agency
enforcement orders under a compliance time schedule that precludes timely review under this
chapter. This section is primarily intended to allow exemptions for compliance with laws,
regulations, rules, or administrative or judicial orders such as nuisance abaterent orders or other
short-term or immediately necessary actions. This section is not intended to allow automatic
1214/98 Page 26
exemptions for projects being undertaken to comply with changed federal, state, regional or local
laws. A'facility claiming an exemption under this section, must file a copy of the enforcement
order and proposed project description within thirty(30) days of receipt of the order.
(b) If any building, structure, or facility is destroyed or damaged by disasters such as
earthquakes, floods, offsite fires, or an act of god or the public enemy, the facility may be rebuilt
under the following conditions:
(1) The rebuilt project is used for the same purpose as the destroyed damaged
project;
(2) The rebuilt project complies with all environmental regulations in effect at the
time of rebuilding, including Best Available Control Technology (SACT) or at least the
same level of control that previously existed, whichever provides the greater level of
protection to the public;
(3) The rebuilt project does not have a higher hazard score than the destroyed or
damaged project(both rebuilt and destroyed or damaged project to be scored as if they
are new);
(4) The hazard category of chemicals used in the rebuilt project is not greater than
used by the destroyed or damaged project;
(5) Construction is commenced within one year unless an extension is granted by the
Community Development Director;
(6) The rebuilt project is at least 340 feet away from the nearest residential property
or sensitive receptor and no closer to the nearest residential property or sensitive receptor
than the destroyed or damaged project; and
(7) The rebuilt project will not manage Hazard Category A materials in quantities
greater than the destroyed or damaged project, will not manage hazardous wastes in
quantities greater than the destroyed or damaged project, will not manage Hazard
Category B materials in quantities greater than 10% more than the amount managed by
the destroyed or damaged project, and will not manage Hazard Category C materials in
quantities greater than 10% more than the amount managed by the destroyed or damaged
project.
(c) A development project in which both the size, as defined in section 84-63.1012 and
the monthly transportation quantity are less than:
(I)for Hazard Category C materials -4000 tons
(2)for Hazard Category B materials - 5 tons
(3) for Hazard Category A materials - the quantity specified as the Threshold
Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R.
Chapter I, Subchapter 3, Part 355, as amended from time to time), or 500 pounds,
whichever is less.
(Ords. 98-_§ 5, 96-50, 96-20, 90-92, 86-100.)
Article 84-63.8
Standards and Procedures
12/4/98 Page 27
84-63.802 Application for Applicability Determination; Exemption. Any person
proposing a development project which may be used to manage hazardous waste or hazardous
material shall apply to the Community Development Director for review and a determination
whether a land use permit may be rewired under Article 84-63.10 or whether the project is
exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section
8463.604(c) are not required to submit an application pursuant to this section. If the hazard score
of a project is 69 or less and the project does not increase the amount of hazardous waste or
hazardous material managed as compared to the baseline of the last three years, a determination
of non-coverage and an application therefor are not required.
The application shall include all information necessary to complete and verify the hazard
score of the project, such as chemical identification,distances to nearest receptors, transportation
routes, and a summary of the five year baseline data. The application shall be accompanied by
all fees established by the Board of Supervisors.
(Orris. 98-- § 5, 96-50, 96-20, 91-49, 90-92, 86-100.)
84-63.804 Application, Review, Determination. No later than ten calendar days after
receipt of an application, or the submittal of additional information, the Community
Development Director shall inform the applicant in writing that the application is complete or
shall inform the applicant what additional information is required. Within twenty calendar days
of the application beim deemed complete, the Community Development Director,shall issue a
written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to
section 84.63.604 (a) or (b), or a determination that a land use permit is required pursuant to
section 84-63.1002.
(Ords. 98-_ § 5, 96-50, 96-20, 90-92.)
84-63.806 Determination of non-coverage. Upon determining that a proposed project
has a hazard score up to and including 79 or that the project is exempt pursuant to section 84-
63.604, the Community Development Director shall issue a determination of nor!-coverage or
exemption. A determination of non-coverage for projects with a hazard score between 70 and
79, inclusive, means that the project is not subject to the requirements of article 84-63.10, but is
subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 and projects
which are exempt pursuant to sections 84-63.604 are not subject to the requirements of sections
84-63.808 and 84-63.810.
(Orris. 98-_ § 5, 96-50, 96-20.)
84-63.808 Determinations - Public Notice. All determinations of cion-coverage made
pursuant to section 84-63.806 shall be summarized on an. agenda of the County Zoning
Administrator within ten calendar days of issuance of the determination.
(Orris. 98-_ § 5, 96-50, 96-20,91-49, 90-92, 86100.)
84-63.810 Determinations - Further Public Notice. For projects with a point
assignment between 70 and 79, inclusive, within five working days of issuing!a determination of
non-coverage, the Community Development Director shall mail notice on the date of the
12(4/98 Page 28
determination to all organizations and individuals who have previously submitted a written
request for such notice. The Community Development Director shall publish a four-inch by six
inch advertisement in a newspaper of general circulation within ten calendar days of issuing a
determination of non-coverage. The notices required by this section shall state the name of the
applicant, briefly describe the project, provide the names and phone numbers of a representative
of the Community Development Department and a representative of the applicant who will be
available to answer questions about the project, and shall state the date by which an appeal must
be filed.
(Ords. 98-_ § 5, 96-50, 96-20, 91-49, 90-92.)
84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within
ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or
ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides
the longer period of appeal.
Appeals from a determination of non-coverage shall be heard by the Board of
Supervisors.
Except as expressly provided in this section, appeals from all decisions and
determinations made pursuant to this chapter shall be governed by the land use permit provisions
of article 26.2.24 and are subject to the provisions of article 26-2.30.
(Ards. 98-_§ 5, 96-50, 96-20, 86-100.)
Article 84.63.101
Land Use Permits-'When Required
84-63.1002 Hazard Scare; permit Required. Unless otherwise exempt from the
requirements of this chapter, a land use permit shall be required for a development project
proposed for the management of hazardous material and/or hazardous waste if any of the
following apply:
(a) the development project obtains a hazard score of 80 or more pursuant to the formula
set forth in section 8463.1004; or
(b) for hazard category A materials, the development project stores'twicethe quantity
specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List
(Appendix A of 40 Code of Federal Regulations Chapter I, Subchapter J Part 355), as amended
from time to time, or 2000 pounds,whichever is less; or
(c) for hazard category A or B materials, the development project will result in a new
process unit(s) unless the process unit complies with Section 84-63.1004 (d) 1'through 6 - Credit
for reductions or projects to be closed. Modifications to an existing process unit does not
constitute a new process unit; or
12/4/98 Page 29
(d) for hazard category B materials, any development project that has a fill to the
maximum capacity of 40,000 tons or more unless the development project complies with
Section 84-63.1004 (d) 1 through'6 -Credit for reductions or projects to be closed.
subject to the provisions of this article.
(Ords. 98-_3 5, 96-50, 96-20.)
84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development
project shall be determined pursuant to the following formula:
[(T+C +P)x HI +D+A;
where the following symbols have the following designations:
"T" refers to the point assignment for "Transportation Risk";
"D" refers to the point assignment for "Community Risk- Distance from Receptor
"C" refers to the point assignment for"Community Risk-Type of Receptor";
"A" refers to the point assignment for "Facility Risk- Size of Project- Total Amount";
"P" refers to the point assignment for `Facility Risk- Size of Project- Percent Change"; and
"H" refers to the point assignment for "Hazard Category of Material or Waste."
(b) Project Hazard Score. If more than one category of hazardous material or hazardous
waste is used, the formula set forth in this section will be used to calculate a separate score for
each material category. The material hazard category which results in the highest hazard score -
for the project will be used.
(c) Point Assignment. The factors set forth in subdivision (a), above, shall have the
following point assignments:
TRANSPORTATION RISK(T) POINTS
Truck-residential/commercial 10
(>25%increase or new)
Truck-residential/commercial 9
(>5 - 25 % increase)
Truck- Industrial(>25%increase or new) g
12/4!9$ page 30
Truck-Industrial (>5 -25%increase) 7
Rail -(>25%increase or neat) 6
Rail -(>5 -25%increase) 5
Marine Vessel (>5%increase) 3
Pipeline - (>5%increase) 1
0 - 5%increase, 0
COMMUNITY RISK
Distance of project from receptor(17):
0-300 feet 30
>300 - 400 feet 29
>400 - 550 feet 28
>550 - 700 feet 27
>700 - 900 feet 26
>900 - 1200 feet 25
>1200 - 1500 feet 24
>1500 - 1800 feet 23
>1840- 2104 feet 22
>2100 -2500 feet 21
>2500 -2800 feet 20
>2800 - 3200 feet 19
>3200- 3500 feet 18
>3500 - 3800 feet 17
1214/98
Page 31
>3800 4000 feet 16
>4000 -4200 feet 15
>4200 -4500 feet 14
>4500 -4800 feet 13
>4800 - 5400 feet 12
>5400 - 5700 feet 11
>5700 -6000 feet 10
>6000 - 6500 feet 9
>6500 - 7300 feet 8
>7300- 8000 feet 7
>8000 - 8600 feet 6
>8600 - 10,000 feet 5
>10,000- 11,000 feet 4
>11,000 - 12,500 feet 3
>12,500- 14,000 feet 2
>14,000 - 15,840 feet 1
Type of receptor(C):
Sensitive Receptor 7
Residential Property 5
Commercial Property 4
12/4/98 Page 32
FACILITY RISK.: SIZE OF PROJECT
Total Amount of Change, tans(Conversion to tans, 1 ton—2000 pounds)(A):
>40,000 30
>32,000- 40,000 29
> 18,000 - 32,000 28
>10,000 - 18,000 27
>6,000 - 10,000 26
>4,000- 6,000 25
>2,100- 4,000 24
>1,200 -2,100 23
>750 - 1,200 22
>400 - 750 21
>200 -400 20
>150 - 200 19
>90 -150 18
>50 90 17
>30 - 50 16
>20 - 30 15
>10 - 20 14
>6 - 10 13
>4 - 6 12
>2 -4 11
>1 -2 10
1214198
Page 33
>0.8 - 1 9
>0.5 -0.8 g
>0.35 - 0.5 7
>0.25 - 0.35 6
>0.20- 0.25 5
>0. 18 -0.20 4
>0. 14 -0.18 3
>0. 12 - 0.14 2
>0. 10 - 0. 12 1
no change (0. 10 or less) 0
Percent Change(P)
New 6
>200% 5
>I 00% - 200% 4
>50%- 100% 3
>10% - 50% 2
>1% - 10% 1
0%-1% 0
HAZARD CATEGORY OF MATERIAL (H)
Category A 5
Category B 3
12/4/98 Page 34
Category C 1
(d) Credit for reductions or projects to be closed. A development project that would
have a hazard score of 80 or more as determined by the formula in this section shall be entitled to
a reduction credit for project closures and/or reductions in accordance with the criteria set forth
in this subdivision. Reduction credit shall be given if the Community Development Director
determines that the applicant will concurrently close another project or reduce its operations and
finds that all.of the following criteria are met:
(I) The project to be closed or reduced is in the same facility in which the
development project is proposed.
(2) The project to be closed or reduced is currently in operation and has been in
operation for at least three years prior to the date of application, during which period the
production schedule has been reflective of a normal production schedule;
(3) The project to be closed or reduced is the direct result of the proposed
development project;
(4) The project to be closed or reduced has a higher hazard score than the proposed
development project;
(5) The hazard category of the material or waste in the development project will be
no greater than the hazard category of the material or waste in the project to be closed or
reduced; and
( ) The development project will be more than 300 feet from the property line of the
nearest residential property or sensitive receptor.
The hazard score for the project to be closed shall also be determined by the formula set
forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. An
determining;the hazard score for the project to be closed or reduced, said project shall be deemed
a new project.
The hazard scare of the development project shall be subtracted from the hazard score of
the project to be closed or reduced. The resulting difference will then be subtracted from the
hazard score of the development project to obtain: a hazard score adjusted for the 'closure or
reduction. The adjusted hazard score shall be the basis for determining whether a land use permit
shall be required under this chapter.
A determination by the Community Development Director that a project is not subject to
the land use permit requirement of this chapter as a result'of credit afforded for a project closure
or reduction'shall. be reported to the Zoning Administrator pursuant to section 84-63.848 and
shall be subject to the public notification requirements set forth in section 84-63.810.
(e) Closure, reduction required. Projects proposed for closure or reduction for which
closure or reduction credit was afforded under this section shall be closed or reduced as proposed
within one year of completion of the development project. This subdivision (e) applies only in
12/4198 Fuge 35
cases where a land use permit would have been required but for the closure or reduction credit
afforded under this section.
(Ords. 98-_ § 5,96-50, 96-20.)
84-63.1006 Determination of Transportation Risk. The transportation risk point
assignment shall be calculated based upon planned total quantities of materials in a hazard
category, measured in terms of tans per year for each hazard category proposed. The
transportation risk point assignment shall be calculated for each mode of transportation
proportionally within a single hazard category. That transportation point assignment shall be
compared by hazard category with the total amount of material in the hazard category transported
during the baseline period in order to obtain the percent change in section 8463.1004(b),
Transportation Risk.
For purposes of determining whether truck transportation is through
residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or
larger) freeway shall be considered. If the route used in the County does not traverse a two-lane
(or larger)freeway,the entire route shall be considered.
(Ords. 98-- § 5, 96-50, 96-20.)
84-63.1008 Determination of Community Risk Distance to Receptor. "Distance to
Receptor" shall be the shortest distance between an exterior wall or other part of the development
project and the property line of the residential property, commercial property or the sensitive
receptor used to determine the hazard score of a development project.
(Orris. 98-- § 5, 96-50, 96--20.)
84-63.1010 Determination of Community Risk - Type of Receptor. A hazard score
shall be developed for each type of receptor (residential property, commercial property and
sensitive receptor) within three miles of the development project based upon the distance of the
parcel of each type of receptor that is closest to the development project. The receptor that
produces the highest hazard score shall be used to determine the hazard score of the development
project. Receptors more than three miles from a development project shall not be considered.
(Ards. 98-- § 5,96-50, 96-20.)
84-63.1012 Determination of Project Risk - Size. The size of a development project
shall be measured in terms of tons of hazardous material and/or hazardouswaste stored as a
result of the development project, based upon the fill-to-the-maximum capacity of the
development project, including amounts stored in tanks; reactors; columns, process lines; tank
cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used
for the containment of hazardous materials and/or hazardous wastes. The amount of material in
hazard categories A, B, or C to be added to the site as a result of the development project will be
used to determine the total amount of change. If more than one category of hazardous'material is
used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in
the formula in section 84-63.1004.
12/4/98 Page 36
The specifier gravity of hazardous materials or hazardous wastes may be required to
calculate the number of tons(or pounds)of hazardous materials and/or hazardous waste managed
at the development project. The standard of 2000 pounds equaling,one (1)ton shall be used.
The point assignment for storage of containerized material in buildings, such as labs or
warehouses, shall be based upon the maximum anticipatedamount of materials for each hazard
category as a result of the development project.
(Ards. 98-_ § 5, 96-50,96-20.)
84-63.1014 Determination of Project Risk-Percent Change. The percent change of a
hazard category shall be determined by comparing the amounts of materials for the respective
hazard categories A, B,or C to be added to the site as a result of the development project to the
total amount of all materials for the respective hazard categories A, B, or C handled at the site
from the baseline period.
(4rds. 98-_ § 5, 96-54, 96-20.)
84-63.1016 Determination of Hazard Category. (a) Method of Determination. The
hazard category of a material or waste shall be determined pursuant to this section.
(1) The primary method of determining the material hazard category of a hazardous
waste or material shall be by reference to the Winter 1994 version of the U.S. Department
of Transportation ("D.t9.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section
172. 101, Hazardous Materials Table." From columns (3) and (5), extract the "Hazard
Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to
determine the "Name of Class or Division." Proceed to subdivision(c) of this section to
determine the material hazard category as either A,_B or C. 1f a material is listed in 49
CFR 172. 101 more than once, the rating that results in the highest hazard category shall
be used. The hazard category of a mixture is determined according to its common name
as defined in Title 49.
(2) Where a hazardous material, waste, or mixture is not referenced in 49 CFR 172.
101, and the hazard category cannot be determined using the primary method, refer to the
manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "packing Group" and
"Name of Class or Division." Proceed'to subdivision (c) of this section to determine the
material hazard category as either A, B or C.
(3) Where the preceding methods are not successful, the Contra Costa County Health
Services Director or his designee shall be responsible for determining a material's hazard
category.
(4) Regardless of the hazard category obtained using the methods set forth above,
materials with the word "poison" in column(6)of 49 CFR 172. 101, .Methyl chloride,and
the metals Antimony, Mercury, Lead, Arsenic, Thallium and. Cadmium and their
compounds, shall be Hazard Category A materials, and denatured alcohol and methanol
shall be Hazard Category B materials for purposes of this chapter.
1214198 Page 37
..........................................................................................................................................................................
...........................................................
(b) Exclusions. Regardless of the hazard category obtained using the methods set forth
in subdivision (a), above, Hot Coke,Hot Coal Briquettes, and materials not regulated by D.O.T.
or which have no D.O.T. Hazard Class or Division are not regulated by this chapter.
(c)Hazard Categories.
Hazard CategM-A Materials
I. Forbidden Materials
As referenced in 49 CFR 173.21 and 173.54.
Il. Explosives and Blasting Agents
Class 1, as defined in 49 CFR 173.50(b)(1)through 173.50(b)(6).
Ill. Reactive Materials
A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1)
and(2).
B. Water Reactive Materials- Class 4, Division 4.3 as defined in 49 CFR 173.124(c).
C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128.
IV. Radioactive Materials
Class 7 as defined in 49 CFR 173.403(y).
V. Oxidizers D.O.T.Packing Group I
Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required
per 49 CFR 173.127(b)(2)(1).
VI. Poisons,D.O.T.
A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard
zones).
B. Infectious Substances,Class 6, Division 6.2 as defined in 49 CFR 173.134.
VII. Poison Gas
Class 2, Division 2.3 as defined in 49 CFR 173.115(c).
12/4/98 Plage 38
......................
....................................................................................................................................................................................................
........................................................................
Hazard Catggory B Materials
VIII. Flammable Liquids
Class 3 Packing Groups I and 11 as defined in 49 CFR 173.120(a).
IX Flammable Solids
Class 4, Division 4.1 as defined in 49 CFR 173.124(a).
X. Oxidizers,D.O.T. Packing Group H
Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I I is
required per 49 CFR 173.127(b)(2)(ii).
XI. Flammable Gases
Class 2,Division 2.1 as defined in 49 CFR 173.115(a).
XII. Corrosives,D.O.T. Packing Group I or 11
Class 8 Packing Groups I or 11 as defined in 49 CFR 173.136(a) and 173.137(a)and(b).
Hazard Category C Materials
XIII. Non-flammable Compressed Gases
Class 2, Division 2.2 as defined in 49 CFR 173.115(b).
XIV. Combustible Liquids
Class 3 Packing Group III as defined in 49 CFR 173.120(b).
XV. Miscellaneous Hazardous Materials
Class 9 as defined in 49 CFR 173.155.
XVI. Oxidizers D.O.T. Packing Group Ill
Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is
required per 49 CFR 173.127(b)(2)(iii).
XVII. Corrosives D.O.T.Packing Group Ill
12/4/98 Page 39
............................
Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c).
(Ords. 98-_§5, 96-50, 96-20.)
Article 84-63.12
Land Use and Variance Permits
84-63-1202 Granting. An applicant for a land use permit shall submit a project
description. Land use permits required under this chapter may be granted in accordance with the
provisions of chapters 26-2 and 82-6.
(Ords. 98-_ § 5, 96-50, 96-20, 86- 100.)
Article 84-63.14
Offsite Hazardous Waste Facility Compliance With
County Hazardous Waste Management Plan
84-63.1402 Authority. This article is enacted pursuant to Health and Safety Code
sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities.
(lards. 98-_ § 5, 96-50, 96-20, 90-73.)
84-63.1404 Definitions. (a) General. Unless otherwise specified: in this section or
indicated by the context, the terms used in this article have the meanings ascribed to them in
Health and Safety Code Chapter 6.5 (§ 25100 et seq.).
(b) "County Hazardous Waste Management Plan" means the county hazardous waste
management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the
Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area, and approved by the State
Department of Health Services on February 28, 1990, as said plan is amended from time to time.
(c) "Hazardous waste facility" means all contiguous land and structures, other
appurtenances, and improvements on the land used for the treatment, transfer, storage, resource
recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of
one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous
waste management units, or combinations of these units.
(d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or
both of the following occur:
(1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed
or recycled.
1214/98 Page 40
.................................I...............
(2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or
recycled and the hazardous waste facility is not owned by, leased to or under the control
of the producer of the hazardous waste.
Ords. 98-_ § 5, 96-20, 96-50, 90-73.)
84-63.1406 County Hazardous Waste Management. All land use permit,variance or
other land use entitlement granted for the operation or expansion of an offsite hazardous waste
facility shall be consistent with the portions of the County Hazardous Waste Management Plan
which identify siting criteria, siting principles or other policies applicable to hazardous waste
facilities. Before granting the application, the division of the planning agency hearing the matter
initially or on appeal shall find that the application complies with the applicable siting criteria,
siting principles and other policies identified in the County Hazardous Waste Management flan,
and that the proposed offsite hazardous waste facility is consistent with the County Hazardous
Waste Management Plan.
(Ords. 98-_§ 5, 96-50; 96-20,90-73;Health& Safety Code, §§ 25135.4. 25135.7.)
84-63.1408 Exelusion. The requirements of this article do not apply to projects which
are exempt projects under section 84-63.604.
(Ords. 98-_ § 5,96-50, 96-20, 90-73.)
SECTION V. SEVERABILITY. This ordinance shall be construed to achieve its purpose and
preserve its validity. If any provision or clause of this ordinance or application thereof to any
person or circumstance is held invalid, such invalidity shall not affect ether provisions or
applications of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of the ordinance are declared to be severable and are
intended to have independent validity.
SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and nor shall it be
deemed, to excuse or prevent compliance with any state or federal law. If any provision of this
ordinance, or the application thereof to any person or circumstance is found by a court of
competent jurisdiction to be preempted by any applicable state or federal law, the Board of
Supervisors declares that its intent(1)that such provision be severable from the remainder of the
ordinance, and (2) that the remainder of the ordinance be given effect in accordance with the
provisions of Section I of this ordinance. In the event of any conflict or inconsistency between
this ordinance and applicable federal or state statutes or regulations, the federal or state
requirements shall control.
SECTION VI. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within',15 days after passage shall be published once with the names of the Supervisors
voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County.
PASSED on by the following vote:
1214!98 Page 41
''I'll''........................................................................
...............................
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Phil Batchelor, Clerk
of the Board of Supervisors and
County Administrator
By:
Deputy Chair
[SEAL]
1214/98 Page 42
................................. ..................................
......................................................
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