HomeMy WebLinkAboutORDINANCES - 12301996 - 96-50 'J
ORDINANCE N0. 96-50
(Amending Ordinance Requiring 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 Code):
SECTION I. SUMMARY. The County Ordinance Code requires land use permits for
specified development projects involving hazardous waste or hazardous material. This
ordinance repeals Chapter 84-63, added by Ordinance No. 96-20, 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 revised 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 new Chapter 84-63
provide for additional public safety by requiring land use permits for a broader range of
development_ projects which couldadversely affect public health, safety and the
environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73,
renumbered and readopted in its entirety as Article 84-63.14 by Ordinance No. 96-20, is
unchanged.
SECTION II. Chapter 84-63 of the County Ordinance Code, added by Ordinance No.
86-100 and amended by Ordinances Nos. 91-49, 90-92, 90-73 and 96-20, 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repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III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:
CHAPTER 84-63
LAND USE PERMITS FOR DEVELOPMENT
PROJECTS INVOLVING HAZARDOUS WASTE
OR HAZARDOUS MATERIAL
Article 84-63.2
General
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
ORD. 96-50
- 1 -
development projects which could significantly and adversely affect public health,
41 safety and the environment.
(Ords. 96-50 § 3, 96-20, 90-92, 86-100.).
R4-63-204 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. 96-50 § 3, 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. 96-50 § 3, 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.
(Ords. 96-50 § 3, 96-20.)
84-63.406 "Change-in-risk projert." A "change-in-risk project" means a new
use of an existing building, structure, or facility, not involving construction other than
minor 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. 96-50 § 3, 96-20.)
84-63.408 "Commercial pr erty." "Commercial property" means all
properties with a commercial designation in the general plan including but not limited
to the following: regional commercial, airport commercial, office, and business park.
(Ords. 96-50 § 3, 96-20.)
84-61_410 "Development rniert." (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.
ORD. 96-50
-2-
(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 (pumps, compressors, motors, turbines,
internal combustion engines, etc.) and fired equipment (furnaces, boilers,
incinerators). However, the Zoning Administrator may determine, at their sole
discretion, that minor equipment defined above as not related is exempt from the
ordinance.
(2) Any project other than a major maintenance 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
time one year 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 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.
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. 96-50 § 3, 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. 96-50 § 3, 96-20, 86-100.)
84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other
similar types of apparatus.
(Ords. 96-50 § 3, 96-20.)
ORD. 96-50
-3-
R4-63.416 "Facility.- "Facility" means a group of buildings, structures, or
units with the same purpose on contiguous parcels (including parcels separated by
a right-of-way, as defined in section 1002-2.002 of this Code) under common
ownership or control.
(Ords. 96-50 § 3, 96-20.)
84-63.418 "Hazardmis 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. 96-50 § 3, 96-20, 86-100.)
84-63.420 "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.
(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 25141 .
(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.
(Ords. 96-50 § 3, 96-20, 86-100.)
ORD. 96-50
-4-
84-63.421
(a) "Serious Incident." An incident that occurred at a facility involved in the use,
storage or handling of I hazardous material or waste and that caused the
release of hazardous material or waste that may have posed an imminent
threat to the public health, the environment or property and that resulted in
any of the following:
(1) Activation of the CCCHSD Community Alert Network system provided
that a shelter-in-place direction is issued to potentially threatened
populations by the CCCHSD or other public emergency response
officials;
(2) The evacuation of a school, or other public facility, residential
dwelling or business in response to a direction issued to potentially
threatened populations by the CCCHSD or other emergency
response officials'or closure of an offsite street, highway, freeway, or
bridge, except where such closure is solely for crowd control or
emergency vehicle;
(3) A large fire which was not contained for more than two hours;
(4) Physical injury or physical illness affecting two persons resulting in
overnight hospitalization, or physical injury or physical illness
affecting three to nine persons who were seen for medical treatment
by a medical doctor;
(5) An explosion which results in offsite property damage from the blast
pressure or explosion debris;
(6) Payment of a fine or civil penalty of at least $5,000 arising out of or
related to the offsite release of hazardous materials or hazardous
waste to the Bay Area Air Quality Management District; and
(7) A release where the reportable quantity is twice the reportable
quantity required under Section 304 of the Federal Emergency
Planning and Community Right to Know Act or Section 25507 of the
California Health and Safety Code, and where notification is made
under Section 304 or Section 25507.
(b) "Major Incident." An incident that occurred at a facility involved in the use,
storage or handling of hazardous material or waste and that caused the
offsite release of hazardous material or waste that may have posed an
imminent threat to the public health, the environment or property and that
resulted in any of the following:
ORD. 96-50
-5-
1 The death of one or mote persons, physical injury or physical illness
( ) P , PY JrY pY
affecting three or more persons resulting in overnight hospitalization,
or physical injury or physical illness effecting 10 or more persons who
were seen for medical treatment by a medical doctor.
(Ord. 96-50 § 3.)
8463.421.5 "Mainr Maintenance Project." A major maintenance project is the
scheduled, periodic cleaning, inspection, ,repair of process units, piping, or process
or storage vessels which handles hazardous materials or hazardous waste. The
maintenance will also require that the unit be temporarily taken out of service for
more than two (2) weeks, provided that the cost of the maintenance work is $1
million or more. The $1 million will exclude the costs of overhead, planning,
engineering, and other pre-construction costs.
(Ord. 96-50 § 3.)
84-63.422 Wanag.e." "Manage" means to generate, treat, store, transport,
use or dispose of hazardous material or hazardous waste.
(Ords. 96-50 § 31 96-20, 86-100.)
84-63_42R "Process Unit". "Process unit means any equipment or structures
containing an activity involving a hazardous chemical or waste including any use,
storage, manufacturing, handling, or the on-site movement of such chemicals, or
combination of these activities. For purposes of this definition, any group of vessels
which are interconnected shall be considered a single process.
(Ord. 96-50 § 3.)
84-63.424 "Promect 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;
(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; and
ORD. 96-50
-6-
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.
The Community Development Director may waive the requirement of submitting
any or all of the information required by paragraphs (a) through (d), above.
(Ords. 96-50 § 3, 96-20.)
R4-6,3.425 "Piihlic SafetyAqreemPnt_" A Public Safety Agreement is an
agreement between the County and a facility providing standards, procedures, and
inspections to assure that the facility protects public and worker safety and the
environment from accidents due to material failure, mechanical or equipment failure,
failure to adhere to practices and procedures, off-site events, and human error and
providing measures to promote a strong and balanced County economy. A Public
Safety Agreement shall address, at a minimum, the following:
(a) A commitment to use the best technology for safety improvements;
(b) Permission for the County to enter the premises for inspections;
(c) Specify changes in operations and facilities included in the maintenance
projects;
(d) Commitment to do and publicize design safety review;
(e) The Public Safety Agreement should provide a range of dates for
maintenance; these dates may be extended by the County for the purpose of assuring
state fuel supplies; and
(f) Provisions that would permit the completion of necessary work
discovered to be necessary in the course of a major maintenance.
(Ord. 96-50 § 3.)
R4R4� "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. 96-50 § 3, 96-20.)
R4-61_42R "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 Code section 1250(a), "long term
ORD. 96-50
-7-
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
education of more than 12 children in kindergarten or any grades 1 to 12, inclusive.
(Ords. 96-50 § 3, 96-20.)
84-63.430 "Story." "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.
(Ords. 96-50 § 3, 96-20, 91-49, 86-100.)
84-63.432 "Transport." "Transport" or "transportation" means an act to
move hazardous waste or hazardous material by truck, rail, ship or pipeline.
(Ords. 96-50 § 3, 96-20, 86-100.)
Artirle 84-63.6
Applica_ hility
84-63.602 Applicability. Except as otherwise provided in this chapter, any
person proposing a development project or a major maintenance project which might
otherwise be allowed in any non-agricultural zoning district shall be subject to the
provisions of this chapter.
(Ords. 96-50 § 3, 96-20, 86-100.)
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 abatement orders or other short-term or immediately necessary actions.
This section is not intended to allow automatic 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 more than fifty percent (50%) of the value of a facility is destroyed or
damaged by disasters such as earthquakes, floods, fires, or an act of god or the
public enemy, the building, facility or structure may be rebuilt under the following
conditions:
(1) The rebuilt project is used for the same purpose as the destroyed damaged
project;
ORD. 96-50
-8-
(2) The rebuilt project complies with all environmental regulations in effect at
the time of rebuilding, including Best Available Control Technology (BACT) 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 has a hazard score fifty percent (50%) lower 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 300 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:
(1) 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 J, Part 355, as amended from time to
time), or 500 pounds, whichever is less.
(d) A major maintenance project covered by a Public Safety Agreement
entered into by the County and the facility within five years prior to the time the
major maintenance project application is submitted to the department.
ORD. 96-50
-9-
(e) A major maintenance project at a facility not covered by a Public Safety
Agreement provided that the facility has neither had three serious incidents as defined
in Section 84-63.421(a) nor any major incidents as defined in Section 84-63.421(b)
within five (5) years prior to the time the major maintenance project schedule
notification is submitted to the department. The major maintenance project must
commence within six months of the notification.
(f) Emergency repairs to or replacement of equipment damaged in an
explosion, fire or other unexpected event. Such repairs and replacements must be
required in order to resume operations. These emergency repairs and replacements
are excluded from the provisions of section 84-63.421 .5. Emergency repairs and
replacements are subject to the following conditions:
(1) the repaired and replaced equipment is used for the same purpose
as the damaged equipment,
(2) the replaced equipment does not have a higher hazard score than
the original equipment, with both the old and new being scored as new
equipment,
(3) the repaired or replaced equipment will not handle a higher hazard
category of chemicals than the original equipment,
(4) repairs and replacements are commenced within 30 days after
release of the damaged area by an investigating agency.
(g) A major maintenance project at a facility covered by a Risk Management
Plan (RMP) in compliance with Section 112(r) of the Clean Air Act, its implementing
regulations and State Health and Safety Code Chapter 6.95, Article 2, or a Risk
Management and Prevention Program (RMPP) in compliance with Health and Safety
section 25536.5,.provided:
(1) For purposes of the RMP or RMPP, all materials and wastes
classified as Hazard Category A or B under this ordinance shall be deemed
to be "regulated substances," except that for materials and wastes without
a threshold quantity specified in state or federal law or regulation, the
threshold quantity shall be 10,000 pounds;
(2) The RMP or RMPP has been reviewed and approved by the HSD
within three years prior to the time the major maintenance project
application is submitted to the Department;
(3) The RMP or RMPP includes any measures which the HSD has
determined, after at least a 45-day public comment period, are reasonably
necessary, taking into account technological feasibility and cost
effectiveness, to make the RMP or RMPP effective to protect the
ORD. 96-50
- 10-
environment and the health or safety of persons from potentially
substantial risks;
(4) The facility has been subjected to an annual audit by the HSD to
determine compliance with the RMP and RMPP, and measures required by
the HSD pursuant to subparagraph 3 above of this subsection, and the
facility has implemented, or has agreed to implement within a reasonable
time period, all corrective measures required by the HSD; and
(5) There has been an opportunity for any member of the public to
obtain review of any determinations by the HSD by the County Board of
Supervisors.
(h) A development project or major maintenance project for which
construction has commenced prior to June 1, 1997, and is completed by January 1,
1998.
(Ords. 96-50 § 3, 96-20, 90-92, 86-100.)
84-63.606 Exemption. On the effective date of this chapter, any proposed
development project which is subject to the provisions of this chapter, and which has
obtained all required federal and state permits and other governmental authorizations
to manage hazardous waste or hazardous material including, but not limited to,
permits or authorizations under the Federal Resource Conservation and Recovery Act
(42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et
seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et
seq.), Underground Storage of Hazardous Substances, Health and Safety Code
Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture
Code Section 14021 et seq., and which has complied with the requirements of the
Hazardous Substances Information and Training Act (Labor Code Section 6360 et
seq.) shall be exempt from the requirements of this chapter.
(Ords. 96-50 § 3, 96-20, 86-100.)
Article 84-63.8
Standards and Procedures
84-63.802 Application for Ap livability Determination; Exeml3tion. 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 required 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 84-63.604(c), (d) and (f) are not required to submit an
application pursuant to this section. If the hazard score of a project is 49 or less and
the project does not increase the amount of hazardous waste or hazardous material
ORD. 96-50
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 the five-year baseline data. The application shall
be accompanied by all fees established by the Board of Supervisors.
(Ords. 96-50 § 3, 96-20, 91-49, 90-92, 86-100.)
84-63.804 Application, Review, Detprminatinn. 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 being 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 84-63.606, or a determination that a land use permit is required pursuant to
section 84-63.1002.
(Ords. 96-50 § 3, 96-20, 90-92.)
R4-6. _806 Determination of non-covP_rage. Upon determining that a proposed
project has a hazard score up to and including 59 or that the project is exempt
pursuant to section 84-63.604 or 84-63.606, the Community Development Director
shall issue a determination of non-coverage or exemption. A determination of non-
coverage for projects with a hazard score between 50 and 59 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 49 and
projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not
subject to the requirements of sections 84-63.808 and 84-63.810.
(Ords. 96-50 § 3, 96-20.)
84-63.808 Determinations - PubliC Notice, All determinations of non-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.
(Ords. 96-50 § 3, 96-20, 91-49, 90-92, 86-100.)
84-63.810 Determinations - Further Public Notice. For projects with a point
assignment between 50 and 59, inclusive, within five working days of issuing a
determination of non-coverage, the Community Development Director shall mail notice
on the date of the 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
ORD. 96-50
- 12-
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. 96-50 § 3, 96-20, 91-49, 90-92.)
84-63.812 Appeal. 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.
(Ords. 96-50 § 3, 96-20, 86-100.)
Article 84-63.10
Land Use Permits - When Required
84-63.1002 Hazard Score; 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 the development project obtains a hazard score of 60 or more
pursuant to the formula set forth in section 84-63.1004, or for a major maintenance
project, subject to the provisions of this article.
(Ords. 96-50 § 3, 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 H I + D + A + R;
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";
ORD. 96-50
- 13-
"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."
"R" refers to the "incident record" of the facility.
(b) Proiect 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 materi4! 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) 8
Truck - Industrial (>5 - 25% increase) 7
Rail - (>25% increase or new) 6
Rail - (>5 - 25% increase) 5
Ship - (>5% increase) 3
Pipeline - (>5% increase) 1
0 - 5% increase 0
ORD. 96-50
- 14-
COMMUNITY RISK
Distance of project from reep for (D):
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
> 1800 - 2100 feet 22
>2100 - 2500 feet 21
>2500 - 2800 feet 20
>2800 - 3200 feet 19
>3200 - 3500 feet 18
>3500 - 3800 feet 17
>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
ORD. 96-50
- 15-
>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 - 12500 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
FACILITY RISK@ SIZE OF PRO IE _T
Total Amount of change, tons (Conversion to tons; 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
ORD. 96-50
-16-
>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
>0.8 - 1 9
>0.5 - 0.8 8
>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
ORD. 96-50
- 17-
• ,I
I
Percent Change (P)
New 6
>200% 5
> 100% - 200% 4
>50% - 100% 3
> 10% - 50% 2
>1 % - 10% 1
0% - l % 0
HAZARD CATEGORY OF MATERIAL (H)
Category A 5
Category B 3
Category C 1
RECORD OF INCIDENTS (R)
>3 5
2 3
1 2
0 -5
(d) Credit for redtintions or nrn;ects to he rinsed. A development project that
would have a hazard score of 60 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:
ORD. 96-50
a
(1) 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
(6) 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. In determining the hazard score for the project to be closed
or reduced, said project shall be deemed a new project.
The hazard score 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 84-63.808 and shall be subject to the public
notification requirements set forth in section 84-63.810.
(e) Closure, reduction rpgUired. 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 (d) applies only in cases where a land use permit would have been
required but for the closure or reduction credit afforded under this section.
(Ords. 96-50 § 3, 96-20.)
ORD. 96-50
- 19-
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 tons 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 84-63.1004(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. 96-50 § 3, 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.
(Ords. 96-50 § 3, 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.
(Ords. 96-50 § 3, 96-20.)
84-63.1012 Determination of Project Risk - Sipe. The size of a development
project shall be measured in terms of tons of hazardous material and/or hazardous
waste 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.
The specific gravity of hazardous materials or hazardous wastes may be
required to calculate the number of tons (or pounds) of hazardous materials and/or
ORD. 96-50
-20-
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 anticipated amount of
materials for each hazard category as a result of the development project.
(Ords. 96-50 § 3, 96-20.)
R4-63.1014 Determination of Proiect Risk - Percent Chanae. 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.
(Ord. 96-50 § 3.)
$4-63.1016 Determine ion of Hazard Catpgory. (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.O.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. If 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 or 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 materials safety data sheet 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/her 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.
ORD. 96-50
-21 -
(b) Fxrltlsinns. 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 Catpqnries.
Hazard Category A Materials
I. Forbidden Materials
As referenced in 49 CFR 173.21 and 173.54.
II. 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
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.
ORD. 96-50
-22-
VII. Poison Gas
Class 2, Division 2.3 as defined in 49 CFR 173.115(c).
Hazard Category R Materials
Vlll. Flammable Liquids
Class 3 Packing Groups I and II 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 II
Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing
Group 11 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 1 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.
ORD. 96-50
-23-
XVI. Oxidizers D.O.T. Packing Group III
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 III
Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137
(c).
(Ords. 96-50 § 3, 96-20.)
84-6,3.1018 Determination of Incident Record. The determination of a facility's
record shall be made by determining how many incidents occurred at the facility
during the three years immediately preceding the project application.
(Ord. 96-50 § 3.)
Article 84-6312
Land Use and Variant _ Permits
R4-63.1209 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. 96-50 § 3, 96-20, 86-100.)
Article 84-63.14
Offsite Ha a2 rdaus Waste Farilit nmplianre With
County Hazardous Waste Management Plan
84-63.140 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.
(Ords. 96-50 § 3, 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.
ORD. 96-50
-24-
(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.
(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. 96-50 § 3, 96-20, 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 sha'II 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 Plan, and that
the proposed offsite hazardous waste facility is consistent with the County Hazardous
Waste Management Plan.
(Ords. 96-50 § 3, 96-20, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.)
84-63.1408 Exclusion. The requirements of this article do not apply to
projects which are exempt projects under section 84-63.604.
(Ords. 96-50 § 3, 96-20, 90-73.)
S.F�TION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-
63.4, 84-63.6, 84-63.8, 84-63.10, and 84-63.12 of Chapter 84-63 by Section II of this
ordinance does not effect the validity of any permit issued or decision made under said
repealed provisions. The repeal of Article 84-63.14 concerning offsite hazardous waste
facility compliance with the County Hazardous Waste Management Plan, by Section II of
this ordinance, and said provisions' subsequent readoption by Section III of this ordinance,
are not intended to have any effect other than continuing the effect of said provisions.
SECTION V_ SEVERABILITY_ This ordinance shall be liberally construed to achieve
its purposes and preserve its validity. If any provision or clause of this ordinance or
application thereof to any person or circumstances is held invalid, such invalidity shall
ORD. 96-50
-25-
,._ not affect other provisions or applications of this ordinance which can be given effect
�- without the invalid provision or application, and to this end the provisions of this
ordinance are declared to be severable and are intended to have independent validity.
SECTION VI, PREEMPTION_ Nothing in this ordinance is intended, and should not
be deemed, to excuse or prevent compliance with any State or federal law. If any
provision of this ordinance 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 is for such provision to be severable from the remainder of the
ordinance, and the remainder of the ordinance is to be given effect in accordance
with the provisions of Section 111 of this ordinance.
SECTION VI1. 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 December 30, 1996 , by the following vote.
AYES: Supervisors Rogers, Bishop and Smith
NOES: Supervisor DeSaulnier
ABSENT: None
ABSTAIN: Supervisor Canciamilla
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
i
i
Y- ,
Deputy Board Chair
LTF:bmw:df.31.or1hz628.86f [SEAL]
ORD. 96-50
-26-