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HomeMy WebLinkAboutMINUTES - 03311987 - 2.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 31, 1987 by the following vote: AYES: Supervisors Schroder, Torlakson and McPeak NOES: None ABSENT: Supervisor Powers ABSTAIN: Supervisor Fanden ----------------------------------------------------------- ---------------------------------------------------------- SUBJECT: Reports of the County Administrator and County Counsel on the Analysis of the Data and Liability Issues Relative to the USS-POSCO Modernization Project. In its discussion on March 24, 1987 , the Board had expressed an interest in receiving information from the County Administrator on the need for additional expertise to review all data pertinent to the USS-POSCO modernization project and from County Counsel on liability to the County relative to the issuance of permits. Prior to considering the USS-POSCO matter, Supervisor Fanden had previously advised that she would not be participating in the discussion or voting on this matter because of certain financial holdings which might be construed as a possible conflict of interest. In a report to the Board, dated March 30, 1987, (copy attached and included as a part of this document) , Phil Batchelor, County Administrator, provided the information as requested. He noted that John William Morris, Jr. , Professor of Metallurgy, University of California, Berkeley and Faculty Senior Scientist, Materials and Molecular Research Division, Lawrence Berkeley Laboratory, had reviewed the proposed USS-POSCO modernization proposal and concluded that County Ordinance No. 86-100 did not apply and that the major component of hazardous materials and hazardous wastes involved in the Cold Reduction Department Replacement Project, specifically hydrochloric acid, would be substantially reduced. Mr. Batchelor advised that Professor Morris ' s credentials were checked with professors at the Massachusetts Institute of Technology (MIT) , University of California, and Stanford University who rated him as a first class scientist as well as an expert of national and international reknown. (A copy of Professor Morris ' s report, his resume, and a list of papers he authored in the area of materials sciences and engineering are also included as part of this document. ) Mr. Batchelor advised that if the Board desires to consider the possibility of hiring an additional expert, it would be his suggestion to consider Professor Murton Flemming, Chairman of the Department of Material Science Engineering at MIT who would be available for this assignment after April 2, 1987. Robert Giese, Director of the Building Inspection Department, and Harvey Bragdon, Director of the Community Development Department, commented on their review of the USS-POSCO proposal. Supervisor McPeak advised that she has read the reports of the Health Services Director and Professor Morris and the difficulty she is having in reconciling these reports in terms of the amount of hazardous material handled and hazardous waste generated in the modernized facility. She explained the reason for suggesting an independent expert so as to insure that the individual has not only knowledge of metallurgy technology but also an understanding of hazardous waste management. Tom Adams, attorney representing the Building and Construction Trades Council of Contra Costa County, questioned the level of expertise of Professor Morris in the area of hazardous waste and environmental regulation. From the list of papers written by Professor Morris, Mr. Adams expressed concern that the list did not include any published articles dealing with cold rolling of steel, pickling or plating of any metal let alone steel, regeneration processes or recycling, aequous inorganic solutions or hazardous waste or environmental regulation. Supervisor Torlakson advised that he is satisfied at this point with the reports that have been presented and suggested that should there be any specific questions on the process, that these quesions be referred to Professor Morris and appropriate county staff so that the information will be available to the Board prior to the hearings on the appeals. Supervisor McPeak concurred with Supervisor Torlakson' s suggestion and requested that all information relative to this matter be submitted by Friday, April 3 , 1987, so that all parties involved in the appeal can review each other' s position. Zane Gresham, attorney representing USS-POSCO, concurred with the request of Supervisors Torlakson and McPeak that all parties have the opportunity to review information submitted. Supervisor McPeak advised that she is not clear as to the actual hazardous waste containment system, the regeneration unit to the extent that there will be air emissions and felt that there is a need for more qualitative and quantative data to be submitted. She requested a description of the management of hazardous materials in relation to the hydrochloric acid used, the function and operation of the regeneration unit, and the basis on air emissions. Mr. Gresham responded that he believed the information requested by Supervisor McPeak has been provided but agreed to review this issue with his client to determine if there is a need to provide further information that might be helpful. He noted that the consultant, Environmental Sciences, addresses the question of air emissions in its report. He also noted that information on tonnage in terms of air emissions has been pro- vided. Supervisor Torlakson expressed an interest in receiving information on whether the separator in the process is an incinerator or part of a recycling or rehandling of the chemical process. He noted that there appears to be 650 tons of hydrochloric acid added into the system each year that is not recycled and inquired as to how this acid is lost. Supervisor Torlakson expressed an interest in obtaining information from Imperial West Chemical as to how waste from the current pickling. operation is handled in comparison to the tonnage loss or emissions that are projected. 2 . There being no further discussion, IT IS BY THE BOARD ORDERED that receipt of the reports of the County Administrator and County Counsel are ACCEPTED. IT IS FURTHER ORDERED that the County Administrator is REQUESTED to coordinate with the Health Services Director and Professor Morris questions relative to the issues as noted above, including more clarification on the separator and information as to where the current pickling fluid is now going. IT IS FURTHER ORDERED that all parties who will be presenting testimony and information to submit as much of it in advance so that all parties can have the benefit of reviewing it prior to the hearing on April 7, 1987. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator B /A- 1�n. , Deputy cc: County Administrator y 7 Health Services Director Community Development Director County Counsel 3 . f 2- t CONTRA COSTA COUNTY COUNTY ADMINISTRATOR' S OFFICE DATE: March 30, 1987 TO: Board of Supervisors fb FROM: Phil Batchelor, County Administrator SUBJECT: USS POSCO MODERNIZATION PROJECT This report is in response to the points included in the draft Board Order submitted by Supervisor Sunne McPeak and the inquiries regarding County liability made by Supervisor Tom Torlakson at the March 24, 1987 Board meeting (see Attachment A) . THE BUILDING INSPECTION FUNCTION Building Inspector Robert Giese has carefully monitored the processing of the permit application for the USS POSCO project and has indicated that the next permit consideration will not take place until addition- al data regarding the building foundation is provided to his office sometime during the week of March 30, 1987 . Additional structural information is not expected from the applicant for one to two weeks after the foundation data has been received. The County Ordinance Code places the authority to issue building permits with the Director of Building Inspection when he determines that a permit' s proposed building activity will comply with applicable County regulations. Because of concern about the pending April 7 appeal hearing, the Board may wish to consider requesting the Building Inspector not to issue any additional building permits to USS POSCO prior to that hearing unless he is completely satisfied that the permit' s proposed activity will not violate any applicable County regulation or law concerning it. The attached March 27, 1987 County Counsel' s memorandum ( see Attach ment B) discusses the Building Inspector' s issuance of permits and responses to Supervisor Torlakson' s March 24 inquiries about potential County liability for improperly refusing to issue permits and actions possible where a permit application contains false information. The County Counsel' s memo states, in part, "If after reviewing a filed building permit application the Building Inspector is satisfied that its proposed building activity will comply with the County' s building regulations and no other violation of any applicable law exists concerning it, the issuance of that permit by the Building Inspector becomes a ministerial action. If at that point he neglects or refuses to take that action, he may be compelled to do so through a mandate proceeding. In addition, he and the County can be liable for appro- priate damages in relation to the applicant' s delay occasioned by his refusal to perform a ministerial act within a reasonable time after it should be done. " In addition, County Counsel has noted that where the Building Inspec- tor determines that a material false statement or representation has been made in an application to obtain a building permit or that any work being done under the permit is in violation of applicable County regulations ( zoning, etc. ) , he may revoke or suspend the permit and order the work stopped. THE COMMUNITY DEVELOPMENT DEPARTMENT FUNCTION The written report from the independent expert, Professor Morris, and the written assessment of the Health Services Department was provided to the Supervisors at the Board meeting of March 24, 1987 . Review of the Health Department' s assessment indicates that their response dealt primarily with volumes of material and waste and to the relationship to the filed 112185" Business Report. The Community Development Department, in order to provide expert review of the USS POSCO project, then sought the services of Professor J. W. Morris. The Community Development Department, in reviewing the materials submitted by USS POSCO and the Building & Construction Trades Council, and after conference with Health Department, Professor Morris, and County Counsel, concluded that the Ordinance No. 86-100 ( see Attach- ment C) (which is now included in the County Ordinance Code as Chapter 84-63 ) clearly did not apply to the Cold Reduction Department Replace- ment Project. County Ordinance Code Chapter 84-63 . 602 states "Except as otherwise provided herein, any person proposing to construct a development project or a substantial expansion in the L-1 Light Industry district, the W-3 Control Heavy Industrial district, or H-1 Heavy Industrial district, shall be subject to the provisions of this chapter. " The definition of "development project" made reference to the manage- ment of more than 4,000 tons per year of hazardous waste or more than 12, 500 tons per year of hazardous material. The definition of "substantial expansion" made reference to increase or accumulative increases of at least 10 percent of the amount of hazardous waste managed or 25 percent of the amount of hazardous material managed, and an increase or accumulative increase of more than 2, 000 tons of hazardous waste managed or more than 12, 500 tons of hazardous materials managed per year. Further, the definition in- cludes "any physical modification of an existing facility which will result in the management of 10,000 tons per year or more of hazardous waste in that portion of the facility to be physically modified. " All of the data submitted by the proponents clearly stated that the major component of hazardous materials and hazardous wastes involved in the Cold Reduction Department Replacement Project, specifically hydrochloric acid, would be substantially reduced. The proponent described the project as reducing the annual use of hydrochloric acid from approximately 18,000 tons per year to approximately 650 tons per year. Further, the project description identifies that the current volume of approximately 32,000 tons per year of spent pickle liquor would be reduced to zero tons per year. These significant reductions of hazardous waste and hazardous material are the result of the implementation of a regeneration facility to re-use, in a closed circuit sense, the hydrochloric acid (pickle liquor) rather than continuing the current "once through" type of consumption. ADMINISTRATIVE REQUEST If the Board directs that additional expert review is needed, I recommend that Professor Merton Flemings, Chairman of the Department of Material Science and Engineering, Massachusetts Institute of Technology be retained. Professor Flemings indicated that he would be available sometime after April 2, upon his return from Japan. His consultant fee is $1, 500 per day plus expenses. He is very well qualified to provide a "second opinion" . He is Chairman of what is considered the premier department in the world, and is currently co-chairman of a major study of materials in this country. Professor Flemings is recommended to us as one of the best experts in the world in this area of technology. The County would be hard pressed to find a more capable or respected person than Dr. Flemings. In anticipation of information that would be helpful to you on April 7, 1987 and in keeping with discussions that ensued during the March 24 Board meeting, inquiry was made concerning Professor Morris ' expertise and credentials as an expert in material sciences, specifi- cally steel. Attachment D contains John William Morris, Jr. ' s resume as submitted to the Community Development Department. Reference checks on Professor Morris are best illustrated by the following comments: - From Professor Merton Flemings, Chairman of the Department of Material Science and Engineering, MIT: "Morris has excellent credentials. He is an acknowledged expert in his field. "Morris is considered to be an authority in the field. I would like to have him on the faculty at MIT. . . . He is in a position to know the latest technology in the industry. " - From Professor Robert O. Ritchie (UC, Berkeley) : "Morris is the top metallurgist in the country. . . . Has published 150-160 papers. . . . Very well known across the country. . . . Has impeccable qualifications. " - From Professor William Nix (Stanford) : "Morris is one of the first class scientist and engineers in this country and the world in steel technology. . . . Well known inter- nationally as well as nationally. He is acquainted with the latest developments in his area of technology. " In summary, it is clear from the above statements that J. W. Morris is held in extremely high regard by his peers. Additionally, County Counsel contacted a number of legal firms to which the Professor Morris provided consultation on metallurgical matters and they, too, have recommended him highly ( see Attachment E) . Among the comments are the following: "I would not hesitate to use him again. " , "Highly qualified" , "There is no doubt that he is eminently qualified as a metallurgist. " PEKcl Lll:moderniz.t3 Attachment To: 4, > . BOARD OF SWERVBSORS FRCM: Supervisor Sunne Wright McPeak Ccntra DATE: Introduced March 24 , 1987 for Action as Soon Costa as Possible SUBJECT: Application of Land Use Permit Ordinance of USS-POSCO and Building Permits SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATION In the matter of determining whether or not the land use permit ordinance applies to the USS-POSCO modernization project, adopt the following action: a. Request the Building Inspector to issue no additional building permits to USS-POSCO until the appeal on the application of the land use permit ordinance can be heard by the Board of Supervisors. b. Request the Community Development Department to immediately submit to the Board of Supervisors, in writing, an explanation of the basis of the decision , USS-POSCO did not come under the -land use permit ordinance including the following information : - the written report from the independent, expert Professor Morris ; - the written assessment of the Health Services Department C. Direct that the County Administrator' s Office engage a totally, independent, qualified expert to prepare an analysis of all available information for the Board of Supervisors to have in advance of the hearing on the appeal. BACKGROUND The first major test of the new land use permit ordinance is the USS-POSCO modernization project. We must be absolutely fair and rigorous in the application of the ordinance - assuring that it be applied as intended without bending the rules but, at the same time, not prostituting the process related to this issue because of the problems USS-POSCO is having with labor relations. The decision by the Community Development Department that the ordinance did not apply to CONTINUED ON ATTACHMENT: _)�_ YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(SI: ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS 1S A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC,. ATTESTED PHIL BATCHELOR. CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382/1-83 BY ,DEPUTY Application of Land Use Permit ordinance of USS-POSCO and Building Permits March 24 , 1987 Page 2 USS-POSCO was made without the benefit of any written analysis. I could not obtain last week the report from Professor Morris. The lack of documentation leads me to conclude that no further building permits should be issued until the appeal is heard. The Board will need independent, expert consultation to accurately determine the outcome of the appeal. COUNTY COUNSEL'S OFFICE ��r��.f ji`LL✓ CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Dore: March 27 , 1987 To: Board of Supervisors From: Victor J. Westman?Punty Counsel Re: Pending USS-POSCO Administrative Appeals 1. Introduction. On 3-24-87 the Board of Supervisors indicated that it preferred April 7 as the date the Clerk of the Board should fix for hearing the above-noted appeals. During the discussion about the hearing date, this office was asked to report to the Board on two areas . First, is there potential liability for the County should the Building Inspector withhold the issuance of permits where he has otherwise determined their issuance complies with applicable County ordinances and related laws. Second, if an applicant for a building permit has filed false information with the application, what authority and/or action can the County take after the building permits have been issued. 2. Potential liability. When the County' s Building Inspector receives an application for a building permit he reviews the application to determine if it complies with applicable provisions of the County' s building regulations (Co.Ord.Code Title 7 ) and whether there exists in connection with it any other violation of law relating to or affecting that permit. It has been the past practice of the County' s Building Inspector to rely on the Director of Community Development' s "certification" that a building permit application' s proposed activity will not violate the County' s zoning regulations administered by the Director of Community Development. If after reviewing a filed building permit application the Building Inspector is satisfied that its proposed building activity will comply with the County' s building regulations and no other violation of any applicable law exists concerning it, the issuance of that permit by the Building Inspector becomes a ministerial action. If at that point he neglects or refuses to take that action, he may be compelled to do so through a mandate proceeding. In addition, he and the County can be liable for appropriate damages in relation to the applicant' s delay occasioned by his refusal to perform a ministerial act within a reasonable time after it should be done. (Morris v. County of Marin [1977] 18 C. 3d 901, 136 Cal.Rptr. 251; & Ellis v. City Council [ 1963] 222 C.A. 2d 490, 35 Cal.Rptr. 317 ) . x Board of Supervisors March 27 , 1987 3 . False Application Information. If an applicant for a building permit makes a false statement or representation in connection with the obtaining of a permit, the Director of Building Inspection may take action as authorized by the County Ordinance Code. If the Building Inspector determines that a material false statement or representation has been made to obtain a building permit, he may revoke or suspend the permit for such false statements or fraudulent misrepresentation (Ord. C. § 72-6 . 006 ) . In addition, where the Building Inspector is satisfied that any work being done under a building inspection permit is contrary to applicable County Ordinance Code regulations , he may order the work stopped by written notice (Ord.C. § 72-6. 014) . Where actions being taken pursuant to a building permit constitute a violation of zoning regulations , the County Ordinance Code gives the Director of Community Development discretion to initiate appropriate enforcement and abatement action (Ord. C. § 82-2.006 ) . Of course, where both the Directors of Community Development and Building Inspection are satisfied that an activity constitutes a violation of the regulations administered by each of them, they can concurrently initiate administrative action to terminate the unlawful activity and ask the Board of Supervisors to authorize the commencement of. an abatement and/or appropriate injunctive relief action to prevent further unlawful use and/or activity (Ord.C. Chapter 14-6 [civil enforcement] and Chapter 14-8 [criminal enforcement] ) . VJW:df cc: Phil Batchelor, County Administrator R. W. Giese, Director of Building Inspection Harvey Bragdon, Director of Community Development 0 c;+ 77,,,00t -1,41C 1C ORDINANCE NO. 86-100 (Land Use Permits for Development Projects Involving Hazardous Waste or Material) 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. Existing -County Ordinance Code provisions allow non-residential uses in the• L-I light industrial district, the W-3 controlled heavy industrial district, and the H-I heavy industrial district as permitted uses. This ordinance amends Articles 84-58.2, 84-60.2, and 84-62.2 to prohibit any development project or expansion involving hazardous waste or hazardous material in any of said districts except in compliance with the provisions of a new chapter 84-63 which establishes standards and procedures for such projects and' expansions. SECTION II . Section 84-58. 202 of the County Ordinance Code is amended to read: 84-58 . 202 General Provisions. All land within the L-I light industrial district may be used for any of the following uses , under the regulations. set forth in this chapter and in chapter 84- 63 (Ord. 86-100 § 2: : prior code § 8163: Ords. 1046, 1006, 382. ) SECTION III . Section 84-60. 402 of the County Ordinance Code is amended to read: 84-60.202 General Provisions. All land within the W-3 controlled heavy industrial district may be used for any of the following uses, under the regulations set forth in this chapter and in ch ter 84-63. (Ords. 8600 § 3, 67-58 § 1: prior code § 8163. 1. ) SECTION IV. Section 84-62-.202 of the County Ordinance Code is amended to read: 84-62.202 General provisions. All land within the H-I heavy industrial district may be used for any of the following uses , under the regulations set forth in this chapter and in chapter 84- 63. (Ords. 86-100 § 4 , 1569: prior code § 8164: Ords. 1046, 382. ) SECTION V. 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 HAZt1RDOUS MATERIAL _ Article 84-67. 21 General 84-63 .202 Purpose. The purpose of this chapter is to require land use permits for new and suhst,an%-1&11y expanded ° r r l development projects which could significantly and adversely affect public health or the environment and which generate, store, transport, treat or dispose of significant amounts of hazardous wastes or which store or transport significant amounts of hazardous material, and to encourage reductions in the amounts of hazardous wastes or materials managed (generated, stored, transported, treated or disposed) for the benefit of the health, safety and general welfare of residents and persons in this county. 100 (Ord. 86- § 5 . ) 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 . (Ord. 86-100 § 5. ) Article 84-63 . 4 Definitions 84-63 .402 "Development project. " ( 1) "Development project" means a new, permanent structure or facility, to be constructed in or on land, which will be used to manage more than 4 ,000 tons per year of hazardous waste or more than 12 ,500 tons per year of hazardous material. (2 ) For purposes of computing tons of hazardous waste for this definition, the aqueous portion of any wastewater stream containing less than one percent ( 1% ) by weight of hazardous waste constituents shall not be included in the computation of the amount of hazardous waste managed provided such constituents are removed from such an aqueous stream or otherwise treated on site to render the waste non-hazardous and provided such hazardous waste constituents contained in such aqueous streams of the entire development project or substantial expansion are 100 tons per year or less. This computation shall be based on the total capacity of the development project or the substantial expansion. This method of computing tons of hazardous waste shall not be utilized where the aqueous stream is an extremely hazardous waste as determined by the California Department of Health Services. (Ord. 86-100 § 5. ) 84-63 . 404 "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 anywaters, including ground waters. (Ord. 86-100 § 5 . ) 84-63 . 406 "Generate. " "Generate" means an act or process of producing hazardous waste. (Ord. 86- § 5. ) 84-63 . 408 "Hazardous material. " "Hazardous material" means any substance Which-is regulated as hazardous under Labor Code Sections6382 or 6383. (Ord. 86-100 § 5. ) 84-63 . 4010 "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 . (Ord. 86-100 § 5 . ) 84-63 . 412 "Manage. " When used in conjunction with the term "hazardous waste, " "manage" means to generate, treat, store, transport or dispose of hazardous waste. When used in conjunction -2- ORDINANCE NO. 86-100 r r with the term "hazardous material , " "manage" means to store or transport ardous material . - (Ord. 86- 1� § 5. ) 84-63 . 414 "Store" "Store" means an act to contain hazardous waste or hazardous material , either on a temporary basis or for a period of years, in such a manner as not to constitute disposal or use of such hazardous waste or hazardous material , but does not include any of the following: ( 1) Onsite storage of hazardous waste for a period of 90 days or less. (2) On site storage of hazardous waste which is contained in a tank for any period of time and the quantity of the hazardous waste does not exceed 5, 000 gallons or 45, 000 pounds , whichever is . greater. ( 3 ) Onsite storage of hazardous waste in portable tanks used for a period of not more than fourteen calendar days or used to accumulate hazardous waste onsite which has been generated from onsite maintenance operations which occur less frequently than annually. (4 ) Storage of hazardous waste at a transfer facility for periods of 96 hours or less . (Ord. 86- 100 § 5 . ) 84-63 . 416 "Substantial expansion. " ( 1) "Substantial expansion" means either. of the following : (a ) A physical modification of any existing facility which will result in that portion of the facility to be physically modified in both: 1. an increase or cumulative increase of at least 10 percent of the amount of hazardous waste managed, or 25 percent of the amount of hazardous material managed; and 2 . an increase or cumulative increase of more than 2,000 tons of hazardous waste managed, or more than 12 , 500 tons of hazardous material managed, which amount is in excess of the amount of such waste or material managed per year as of the effective date of the ordinance. Cumulative increase is defined as the sum of all related increases occurring in the facility since the effective date of the ordinance . (b) Any physical modification of an existing facility which will result in the management of 10, 000 tons per year or more of hazardous waste in that portion of the facility to be physically modified. (2) For purposes of computing tons of hazardous waste for this definition, the aqueous portion of any wastewater stream containing less than one percent ( 1% ) by weight of hazardous waste constituents shall not be included in the computation of the amount of hazardous waste managed provided such constituents are removed from such an aqueous stream or otherwise treated on site to render the waste non-hazardous and provided such hazardous waste constituents contained in such aqueous streams of the entire development project or substantial expansion are 100 tons per year or less. This computation shall be based on the total capacity of the development project or the substantial expansion. This method of computing tons of hazardous waste shall not be utilized where the aqueous stream is an extremely hazardous waste as determined -by the California Department of Health Services. 84-63 . 418 "Transfer facility. " "Transfer facility" means any offsite facility which is related to the transportation of hazardous waste or hazardous material, including, but not limited to, loading docks, parking areas, storage areas, and other similar areas where shipments of hazardous waste or hazardous material are held during the normal course of transportation. (Ord. 86-100 § 5. ) 84-63 . 420 "Transport. " "Transport" means an act to move hazardous waste or hazardous material by air, rail , highway or water. (Ord. 86-100 § 5 . ) _3- ORDINANCE NO. 86- 100 84-63 . 422 "Treat. " "Treat" means an act, by any method, technique or process, including neutralization or incineration, to change the physical , chemical , or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous , or less hazardous; safer to transport , store or dispose of ; or amendable to recovery, storage, f6Oreduction in volume. (Ord. 86- 5 . ) Article 84-63 . 6 Applicability 84-63 .602 Applicability. Except as otherwise provided herein, any person proposing to construct a development project or substantial expansion in the L-I light industrial district, the W--3 controlled heavy industrial district , or the H-I heavy industrial district shall be subject to the provisions of this chapter . (Ord. 86- 100 § 5. ) 84-63 .604 Exemptions . The following projects and structures are exempt from the provisions of this chapter: ( 1) The replacement of any existing structure or facility substantially on the same location on the site which is substantially the same as and used for substantially the same purpose as the structure or facility being replaced, provided that: (a) the amount of hazardous waste to be generated for disposal by the replacement structure or facility is significantly less than the amount being generated for disposal by the structure or facility replaced, in accordance with regulations proposed or reviewed by a Board approved Hazardous Materials Commission and adopted by the Board of Supervisors, and (b) the existing facility is shut down when the replacement facility becomes fully operational. . ( 2 ) The restoration or rehabilitation of deteriorated or damaged structures or facilities at the same location on the site, if the amount of hazardous waste to be generated for disposal is significantly less than the amount being generated for disposal by the restored or rehabilitated structure or facility, in accordance with regulations proposed or reviewed by a Board approved Hazardous Materials Commission and adopted by the Board of Supervisors. (3 ) Pipelines and related equipment. ( 4 ) Any project for which permits have been issued pursuant to the Federal Resource Conservation and Recovery Act and the California Hazardous Waste Control Law or which has obtained vested rights prior to the effective date of this chapter. ( 5) Any project which consists only of the maintenance, replacement, repair, replication, or augmentation of existing equipment and which does not require the issuance of a building permit. ORDINANCE N'0. 86- 100 ( 6 ) A project consisting of reconstruction or repair of existing facilities which costs less than 25 percent of the assessed valuation of the structure at the time of reconstruction or repair. (7 ) Any project built solely to comply with federal or state laws, regulations , rules, or administrative or judicial orders under a compliance time schedule which precludes timely review under this chapter. ( 8) Any project for which an environmental impact report preparation process began prior to July 1 , 1986, and for which the county is the administrative agency. (Ord. 86-100 § 5. ) Article 84-63 . 3 Standards and Procedures 84-63 .802 Application for certificate of exemption. Any person proposing a development project or substantial expansion shall apply to the community development department for review and a determination by the zoning administrator whether this chapter is applicable and whether the structure or project is exempt under article 84-63 . 6. The applicaticn shall be in the form prescribed by the director of community development and shall include appropriate and reasonable hazardous waste and hazardous material baseline information. The application shall be accompanied by all fees established by the board of supervisors . - (Ord. 86-100 § 5 . ) 84-63 .804 Application for land use permit. Any person proposing a development project or substantial expansion which is determined by the zoning administrator not to be exempt from the provisions of this chapter shall apply for a land use permit. The application shall conform to the requirements of article 26-2 . 20 and chapter 82-6. No later than thirty ( 30 ) days after receipt of an application under this section, the Community Development Department shall confirm in writing that it is complete, or shall specify in writing what additional information must be submitted by the applicant in order to make the application complete. (Ord. 86-100 § 5 . ) 84-63 .806 Rebuttable presumption. Any proposed development project or substantial expansion 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. ) , the California Hazardous waste Control Law (Health and Safety Code Section 25100 et seq. ) , the California Underground Storage of Hazardous Substances Act (Health and Safety Code Section 25280 et seq. ) , the California Toxic Air Contaminants Law (Health & Safety Code Section 39650 et seq. ) , 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 rebuttably presumed not to significantly and adversely affect public health or the environment. (Ord. 86- 100 § 5 , ) 84-63 .808 Further exemptions. In the case of a development project or substantial expansion which is entitled to the presumption set forth in Section 84-63 . 806, the zoning administrator shall , on the basis of the complete application, find that the development project or substantial expansion is an exempt permitted use if he determines all of the following are met: -5- ORDINANCE NO. 86- 100 ( 1) As proposed, it will not significantly and adversely affect public health or the environment. (2 ) The findings required by section 26-2. 2008 can be made. ( 3 ) It will not: (a) cause excessive noise or vibration, except from transportation and construction, discernible at the nearest residentially zoned parcel . (b) cause significant direct or sky-reflected glare or heat perceptible from the nearest residentially zoned parcel. (c) emit odorous emissions perceptible at the nearest residentially zoned parcel. (d) cause change in existing natural features , including, but not limited to, bays , lakes , hills , and vegetation. (e ) cause change in scenic views or vistas from public areas. ( f ) cause change in quality, quantity, flow, or existing drainage of public waters . (g ) cause change in use or access to existing recreational areas or navigable streams. (h) have an adverse impact on significant natural habitats of plants , animals , or wildlife. (i ) create need for new or expanded public services . ( j ) cause significant additional traffic generation or increase vehicular problems . (k) create an aesthetically offensive site open to public view. ( 1 ) substantially interfere with the movement of any resident or migratory fish or wildlife species .;- (m) pecies :(m) conflict with established recreational, educational religious, or scientific uses of the area. (Ord. 86100 § 5. ) 84-63 .810 Effect on public health and environment. ( 1) For any development project or substantial expansion which is not exempted as a permitted use under the provisions of Section 84-63 .808, the zoning administrator shall , based on the complete application and any further information that may be required, determine whether the project or expansion could significantly and adversely affect public health or the environment. (2 ) If the zoning administrator determines that the project or expansion will not significantly and adversely affect public health or the environment, the project or expansion is an exempt permitted use, provided the conditions set forth in Section 84-63. 808 are met. ( 3 ) If the zoning administrator determines that the project or expansion could significantly and adversely affect public health or the environment, a land use permit shall be required. (Ord. 86--100 § 5. ) 84-63 .812 Decisions - Notice. All decisions and determinations made pursuant to this chapter shall be made in writing and shall be summarized in the next agenda of the county planning commission. (Ord. 86-100 § •5 , ) 84-63 . 814 Appeals. 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 ; provided that the time .for filing an appeal from a decision or determination made by the zoning administrator shall be .no more than 10 calendar days from the date of the county planning commission meeting on whose agenda the decision or determination is summarized, but in no event more than 30 days after the date of the decision or determination. (Ord. 86�U0 $ 5. ) -6- ORDINANCE NO. 86-100 Article 84-63 . 10 Land Use and Variance Permits 84-63 .1002 Granting. Land use permits required under this chapter and variance permits to modify its provisions may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ord. 86100 § 5 . 1, 84-63 .1004 Term. Land use permits issued under this chapter shall expire fifteen ( 15 ) years after the date of issuance and shall be automatically renewed for an additional fifteen ( 15 ) year term, upon application to 'the community development department before expiration of the original land use permit, or current renewal , and the determination by the zoning administrator that the project or expansion complies with all requirements of section 84-63.808 and any new requirements of the county that can reasonably be met. (Ord. 86-100 § 5 . ) SECTION VI . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Titres a newspaper published in this County. PASSED on December 9 , 1486 by the following vote: AYES: Supervisors Fanden , McPeak , Schroder , Torlakson , Powers . NOES: None . ABSENT: None. ABSTAIN: None . ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator 1 By L� Deputy Board Chair (SEAL] SBM:VJW:df (11-3-86 ) ' ( 11-21-86) (12-3-86 ) -7- ' ORDINANCE NO. 86-100 JOHN WILLIAM MORRIS, JR. Professor of Metallurgy, University of California, Berkeley and Faculty Senior Scientist, Materials and Molecular Research Division, Lawrence Berkeley Laboratory Address : Business : Rm. 278 Hearst Mining Bldg. Rm. 119, Building 62 University of California Lawrence Berkeley Laboratory Berkeley, California 94720 1 Cyclotron Road (415) 642-3815 Berkeley, California 94720 (415) 486-6482 Home: 65 Schooner Hill Oakland, California 94618 (415) 849-9180 Born: Birmingham, Alabama June 7, 1943 Education: Massachusetts Institute of Technology, B.S. , Metallurgy, 1964 Sc .D, Materials Science, 1969 Thesis: On the Continuum Theory of Two-Phase Interfaces Employment• 1968-1971 Bell Aerospace Company, Buffalo, New York Research Scientist (1968-70) , Manager, Materials Sciences (1970-71) , Advanced Materials Research Department . 1971- University of California, Berkeley Assistant Professor (1971-73) , Associate Professor (1973-77) , Professor of Metallurgy (1977- ) , Department of Materials Science & Mineral Engineering. 1971- Lawrence Berkeley Laboratory Principal Investigator (1971-78) , Faculty Senior Scientist (1978- ) , Materials and Molecular Research Division. Administrative Positions : University of California, Berkeley: Chairman, Engineering Science Program, College of Engineering, (1979-80) Member, Representative Assembly, Academic Senate (1977-79) (1981-83) Member, Review Committee, Department of Chemistry (1976-77) Member, Chancellor's Advisory Committee on Title IX Compliance (1982- ) Academic Advisor, Graduate Program in Metallurgy (1972-1984) Academic Advisor, Undergraduate Double Major in EECS and MSE (1977- ) Lawrence Berkeley Laboratory: Member, National Center for Advanced Materials (NCAM) Scientific Program Committee (1982-83) Associate Director for Industry Interactions , NCAM (1983) Member, Divisional Council, Materials and Molecular Research Division (1980- ) Member, Director's Scientific Program Council (1978-1980) Member, Computer Advisory Committee (1975-1979) Research Positions : Principal Investigator on the following projects : Current : "Theory of Alloy Design," Division of Basic Energy Sciences , U.S. Department of Energy. "Structural Materials and Weldments for High Field Supercon- ducting Magnets ," Office of Magnetic Fusion Energy, U.S. Department of Energy. "Understanding the Causes of the Fatigue Failure of Lead-tin Solders in Second Level Device Packaging," Boeing Aerospace. "Metallurgical Research" (Gift, ALCOA) Previous: "Environmental Resistance in High Strength Steels and Weld- ments," Office of Naval Research. "U.S.-U.S.S.R. Cooperation on Cryogenic Materials," National Science Foundation. "High Strength Austenitic Alloys for Generator Retaining Rings ," Electric Power Research Institute. "Tough Ferritic ,Alloys ," Office of Naval Research. "Supersonic Rain and Sand Erosion of High-Speed Aircraft," Air Force Materials Laboratory. "Nickel-Free Cryogenic Steels," National Aeronautics and Space Administration. "Strong, Tough Ferritic Steels," Air Force Materials Laboratory. "Theory of Plasticity," National Science Foundation. Scientific Staff Supervised: 2 Staff Scientists 1 Postdoctoral 19 Graduate Student Research Assistants 3 Undergraduate Research Assistants Professional Societies : Membership: American Society for Metals (ASM) The Metallurgical Society, Amer. Inst . Met . Eng. (TMS-AIME) American Physical Society (APS) American Society of Engineering Education (ASEE) Administrative Positions : Chairman, Golden Gate Chapter, ASM (1979-80) Chairman, Chemistry & Physics of Metals Com. TMS-AIME (1978-80) Chairman, Publications Committee, TMS-AIME (1978-79) Member, Heat Treatment Committee, TMS-AIME Member, Education Committee, ASM Member, International Cryogenic Materials Conf. Board (ICMC) Technical Conference-Chairmanships: BES Workshop on Advances in Welding Research, Berkeley (1980) 5th International Cryogenic Materials Conf., San Diego (1981) International Symposium on the Formation, Retention, and Conse- quences of Precipitated Austenite in Steel, Pittsburgh (1980) International Symposium on the Structure and Properties of Dual Phase Steels , New Orleans , (1979) International Symposium on Retained Austenite in Steel, Atlanta, Georgia (1977) BES/DOE Workshop on New Research Directions in Phase Transforma- tions , Stability, and Materials Interactions , Berkeley (1977) Editorial Positions: Technical Reviewer: Physical Review, Journal of Applied Physics , Acta Metallurgica, The Philosophical Magazine, Advances in Cryogenic Engineering Awards and Honors: Technology Magazine's Technology 100 Citation for Advancement of Technology in the United States , 1981 . Materials Research Award, U.S. Dept . of Energy, for "Research with Important Implications for Energy," 1981 . Keynote Speaker, Acta Met/Scripta Met International Conference on Dislocation Modelling, 1980 . Miller Research Professor, University of California, Berkeley, 1976-77 . Marcus Grossman Teaching Award, American Society for Metals , 1975 . Robert Lansing Hardy Gold Medal, American Institute for Metal- lurgical Engineers, 1972. Patents • Hydrogen-Resistant High Strength Austenitic Steels, U.S, and Foreign Patents pending. Iron-Based Nickel Alloy, U.S. Patent pending. Ferritic Fe-Mn Alloy for Cryogenic Applications , U.S. Patent #4, 162,158. Low Mn Alloy Steel for Cryogenic Service and Method of Prepara- tion, U.S. Patent #4,257,808. Book Publications : The Structure and Properties of Dual Phase Steels, R.A. Kot and J.W. Morris, Jr. (eds .) , The Metallurgical Society of AIME, 1979. PUBLICATIONS John William Morris, Jr. 1969 1. Liquid Cavitation Damage to Ceramics (with A.A. Staklis and C.H. Bates), Bull. Amer. Ceram. Soc. , 49:3, 1969. 1970 2. Cavitation Damage to Polycrystalline Ceramics (with H.A. Grajek and C.H. Bates) , Bull. Amer. Ceram. Soc. 49:251, 1970. 3. The Ostwald Rule in the Rapid Nucleation of Structures, Proc. 2nd Internat'l Conf, on Chemical Vapor Deposition, The Electrochemical Society, May, 1970, pp. 89-105. 4. The Rain Erosion of Aluminum at Supersonic Speeds (with C.H. Bates and N.E. Wahl), Proc of 3rd Internat'l Conf. on Rain Erosion and Related Phenomena The Royal Aircraft Establishment, Farnborough, England, August, 1970. 5. Reply to A.F. Conn's Discussion of G.F. Schmitt, Jr., 'Rain Erosion of Elastomeric Coatings,' Proc. of 3rd Internat'l Conf. on Rain Erosion and Related Phenomena, The Royal Aircraft Establishment, Farnborough, England, August, 1970. 6. Cavitation Erosion of Single Crystal Sapphire (with C.H. Bates), Proc, of the NBS—ACS Conf. on the Science of Ceramic Machining and Surface Finishing, Gaithersberg, MD, November, 1970. 1971 7. The Influence of a Concentration Gradient on the Free Energy of a Binary Solution, Phil. Mag., 23:1041, 1971. 1972 8. The Two—Phase Fluid Interface at Equilibrium: A Continuum Model, J. Chem. Phys. 57:769, 1972. 1973 9. Harper—Dorn Creep in Aluminum, Lead, and Tin (with K.L. Murty and F.A. Mohamed), Met. Trans., 4:935, 1973. 10. The Two—Phase Interface in a Simple One—Component Fluid (with P.L. de Bruyn), J. Colloid Interface Sci., 43:17, 1973. 1 1973 (cont. _ 11. Statistics of Thermally Activated Glide through a Random Array of Point Obstacles (with D.H. Klahn), J. Appl. Phys., 44, 1973, p. 4882. 12. Characteristics of Dislocation Glide through a Random Array of Obstacles (with D.H. Klahn), J. Appl. Phys., 44:11, 130, 1973. 1974 13. Point Obstacle Representation of the Dislocation—Obstacle Interaction (with C.K. Syn), J. Appl. Phys., 45:961, 1974. 14. The Application of Materials Science to the Design of Engineering Alloys (with V.F. Zackay, E.R. Parker and G. Thomas), Mat. Sci. and Eng., 16:201, 1974. 15. Thermally—activated Dislocation Glide through Random Array of Point Obstacles: Computer Simulation (with D.H. Klahn), J. Appl. Phys., 45:2027, 1974. 16. On the Relative Energies of Simple Metallic Structures (with C.W. Krause), Acta Met., 22:767, 1974. 17. Thermally Activated Dislocation Glide through a Random Array of Point Obstacles (with K.L. Hanson), Bull Amer. Phys. Soc., 19:672, 1974. 18. An Fe—Ni—Ti Alloy with Outstanding Toughness at Cryogenic Temperature (with S. Jin and V.F. Zackay), Adv. in Cryogenic Eng. 19:379, 1974. 19. A Simple Method for Charpy Impact Testing Below 60K (with S. Jin, W. Horwood and V.F. Zackay), Adv. in Cryogenic Eng., 19:379, 1974. 1975 20. Harper—Dorn Creep of Metals at High Temperature (with F.A. Mohamed and K.L. Murty), in Rate Processes in Plastic Deformation of Materials, J.C.M. Li (ed.), Plenum Press, 1975, pp. 459-478. 21. Cryogenic Toughness through Microstructure Control in a Ferritic Fe—Ni— Ti Alloy (with S. Jin, B. Whitaker and V.F. Zackay), in Properties of Materials for liquid Natural Gas Tankage, ASTM, Philadelphia, PA, 1975, pp. 348-360. 22. The Cryogenic Properties of Fe—Mn and Fe—Mn—Cr Alloys (with M. Schan— fein, M. Yokota, V.F. Zackay and E.R. Parker), in Properties of Mate— rials for Liquid Natural Gas Tankage, ASTM, Philadelphia, PA, 1975, pp. 361-377. 23. Comparative Fracture Toughness of an Ultrafine Grained Fe—Ni Alloy at Liquid Helium Temperature (with S. Jin and S.K. Hwang), Met. Trans. 6A, 1569, 1975. 2 1975 (cont.) 24. A Limiting Configuration in Dislocation Glide through a Random Array of Point Obstacles (with K.L. Hanson), J. App.l. Phys., 46:3, 983, 1975. 25. Elastic Solute—Dislocation Interaction in an Anisotropic HCP Crystal (with C.K. Syn and A. Ahmadieh), Phil. Mag., 31:883, 1975. 26. Estimation of the Critical Resolved Shear Stress for Dislocation Glide through a Random Mixture of Distinct Obstacles (with K. Hanson), J. Appl. Phys., 46:2378, 1975. 27. Grain Refinement through Thermal Cycling in an Fe—Ni—Ti Cryogenic Alloy (with S. Jin and V.F. Zackay), Met. Trans. 6A, 141, 1975. 28. The Effect of Grain Size and Retained Austenite on the Ductile—Brittle Transition of a Titanium—Gettered Iron Alloy (with S. Jin and S.K. Hwang), Met. Trans. 6A, 1721, 1975. 29. A Study of Retained Austenite in a Fine—Grained Fe-12Ni-0.25Ti Alloy (with S.B. Hwang and S. Jin), Met. Trans. 6A, 2015, 1975. 30. Effect of Solute Atoms on the Motion of a Low Angle Tilt Boundary (with C.K. Syn and A. Ahmadieh), Scripta Met, 2:1255, 1975. 1976 31. Computer Simulation of Plastic Deformation through Planar Glide in an Idealized Crystal (with S. Altintas and K. Hanson), J. Eng. Mat. and Tech., 98:86, 1976. 32. Structure and Properties of a Microduplex Maraging Steel (with S. Jin and D. Huang), Met. Trans. 7A, 637, 1976. 33. Computer Simulation of Dislocation Glide through Fields of Point Obstacles (with B. Hanson and S. Altintas), Proc. Conf. on Computer Simulation for Materials Applications, Nat'l Bur. of Standards, Gaithersburg, MD, 1976, p. 917. 34. The Computer Simulation of Homogeneous Nucleation and Growth Processes (with K.W. Mahin and K. Hanson), Proc. Conf. on Computer Simulation for Materials Application, Nat'l Bur. of Standards, Gaithersburg, MD, 1976, p. 39. 35. Role of Retained Austenite on the Toughness of Steels with and without Carbon (with S. Jin and C.K. Syn), Proc. 2nd Internat'l Conf. on Mecha— nical Behavior of Materials, Boston, 1976, p. 1159. 36. Inhomogeneities in Plastic Deformation through Dislocation Glide (with S. Altintas and B. Hanson), Proc 2nd Internat'l Conf. on Mechanical Be— havior of materials, Boston, 1976. 3 t 1976 (coat.) 37. Nickel—Free Fe-12Mn-0.2Ti Alloy Steel for Cryogenic Application (with S.K. Hwang and S., Jin), Proc, 4th Internat'l Conf, on- Strength of Metals and Alloys, Nancy, France, vol. 2, Lab. de Physique du Solids (ed.), 1976, pp. 842-847. 38. Cryogenic Fracture Toughness of 9%Ni Steel Enhanced through Grain Refinement (with C.S. Syn and S. Jin), Met. Trans 7A, 1827, 1976. 39. Use of the Reverse Martensitic Transformation and Precipitation to Enhance the Strength and Stability of Austenite (with S. Jin, D. Huang and G. Thomas) in New Aspects of Martensitic Transformation', Proc. lst JIM Internat'1 Symposium, Robe, Japan, 1976, p. 387. 40. The Use of Martensite Reversion in the Design of Tough Ferritic Cryogenic Steels (with S. Jin and C.R. Syn) in 'New Aspects of Martensitic Transformation', Proc. of the lst JIM Interuat'l Symposium, Kobe, Japan, 1976. 41. The Korean Institute of Science and Technology: Observations After a Brief Visit, ONR Scientific Bull. 1:3, 1976, Tokyo. 42. Effect of Solute Atoms on the Motion of a Low Angle Tilt Boundary: (with C.R. Syn and A. Ahmadieh) Scripta Met. , 9, 1976, p. 1255. 1977 43. Electron Microscopy Study of the Passivating Layer on Iron—Nickel Martensite (with S.H. Chen), Met. Trans 8A, 19, 1977. 44. Geometric Analysis of Simple Polygranular Microstructures (with S.W. n Mahin and K. Hanson), Bull. Amer. Phys. Soc., 22:302, 1977. 45. Kinetics of Clustering Reactions of the Ising Lattice (with E.S. Pundarika and K. Hanson), Bull. Amer. Phys. Soc., 22:302, 1977. 46. Theoretical Study of Two—Phase Decomposition and Coarsening (with K. Hanson and E.S. Pundarika), Trans. Amer. Nucl. Soc., 27:321, 1977. 47. Three—Dimensional Analysis of Cellular Microstructures by Computer Simu— lation (with K. Hanson) Trans. American Nuclear Soc., 27:297, 1977. 1978 48. Computer Simulation of Interacting Dislocation Motion Resisted by Point— like Barriers (with K. Hanson) J. Appl. Phys., 49:3266, 1978. 49. The Suppression of Low Temperature Intergranular Brittleness in Ferritic Alloys (with S.B. Hwang) Adv. in Cryogenic Eng., vol. 24, 1978. 4 1978 cont. 50. Fe—Mn Alloys for Cryogenic Use: A Brief Survey of Current Research, (with S.S. Hwang, B.A. Yushchenko, V.I. Belotzerkovetz and O.G. Kvasnev— skii) Adv. in Cryogenic Eng., vol. 24, 1978. 51. Multi—Channel Scaling with an Eight Bit Microcomputer, (with B. Fultz) Rev. Scientific Instruments, 49:8, 1978. 52. Mechanical Stability of Retained Austenite in Tempered 9Ni Steel, (with B. Fultz and C. Syn) Met. Trans., 9A, p. 1635, 1978. 53. An Investigation of Transformation Strengthening 'in Precipitation Har— deued Fe—Ni Austenite, (with Y.L. Chen, S. Jin, R. Jaffee and G. Thomas) Met. Trans. 9A, p. 1625 1978. 54. Phase Transformation Stabilities in Materials Interactions, (with P. Shewmon and J. Cox) Materials Science and Eng., 35:701, 1978. 1979 55. Deformation of Pb—Sn Eutectic Alloys at Relatively High Strain Rates, (with D. Grivas and K.L. Murty) Acta Met., 27:731, 1979. 56. The Computer Simulation of the Formation of 'Tweed' and Modulated Struc— tures in Decomposition Reactions, (with S. Chen and A.G. Khachaturyan, Proc, Kona Conference on Modulated Structures, Kona, Hawaii, Amer. Inst. Physics, 1979. 57. ComputerSimulatiomf the Martensite Transformation in aMode]Two— DimensionalBody,Proc, Intn'l Conference on Martensitic Transforma— tions, Cambridge, MA, MIT Press, 1979. 58. The Improvement of Cryogenic Mechanical Properties of Fe-12Mn and Fe- 8Mn Alloy Steels through The rmal/Mechanic alTreatments,(withS.K. Hwang), Met. Trans. 10A, 545, 1979. 59. Onthe Scavenging Effect of the Retained Austenite in a Low CarbonFe- 5.5Ni Alloy, (with J.I. Kim), Met. Trans. A, vol. 11A, 1401-06, 1979. 60. Consequencesof the Re—Transformation of Precipitated Austenite in Fer— ritic Cryogenic Steels,(with C.K. Syn,J.I.Kim and B. Fultz) Proc. Int'1 Conference on Martensitic Transformations,Cambridge,MA, MIT Press, 1979. 61. CoupledY'and Y" Precipitation in Fe—Ni Base Austenites(withK.M. Chang,J.Y. KooandG.Thomas) in Proc. of 371h Annual Electron Microscopy Society, 1979, p. 642. 62. Determination of Grain Density on Space Filling Geometries from Meas— urable Two—Dimensional Parameters: (with K. Hanson) Acta Met., 27, 1979, p. 515. 5 1980 63. ComparativeAnalysis of the Cellular andJohnson—MehlMicrostructures through Computer Simulation (with B.W. Mahin and S. Hanson), Acta Met., 28:443-5, 1980. 64. Development of A-15 (V3Ga) Superconducting Material through Control— led Precipitation, (with M. Hong and D. Dietderich), J, of Appl. Physics, 51:5, 1980. 65. The Use of a Boron Addition to Prevent Intergranular Embrittlement in Fe-12Mn, (with S. B. Hwang), Met. Trans. A. vol. 11A, 1197, 1980. 66. Thermal Processing Ferritic 5Mn Steels for Toughness at Cryogenic Tem— peratures, (with M. Niikura), Met. Trans. A, vol. 11A, 1531-40, 1980. 67. Direct Solid—State Precipitation Processed A-15 (NbAl) Superconduc— tion Material (with M. Hong) , Appl. Phys. Lett. 347:11, 1044, 1980. 68. A Review of the Development of Ferritic Consumables for the Welding of 991 Nickel Steel: Research in the United States and Japan, (with K.W. Mahin and I. Watanabe), Adv. in Cryogenic (Materials), vol. 26, 187, 1980. 69. A Study of Ferritic Weld Deposits in Fe-9Ni Steel (with K. W. Mahin), Adv. in Cryogenic Materials), vol. 26, 210, 1980. 70. Research on the Monolithic Process of Making A15 Superconducting Materials (with M. Hong and D. Dietderich), Adv. in Cryogenic (Materials), vol. 26, 327, 1980. 1981 71. The Preferred Habit of a Tetragonal Precipitate in a Cubic Matrix, (with S.H. Wen, E. Kostlan, M. Hong and A.G. Khachaturyan), Acta Metall. 29:1247-1254, 1981. 72. Computer Simulation of a "Tweed—Transformation" in an Idealized Elas— tic Crystal,(with Sheree Chen and A.G. $hachaturyan),Met. Trans. 12A, 581, 1981. 73. The Thickness Distortion of Fe57 Backscatter Mossbauer Spectra (with B. Fultz), Nucl. Instruments and Methods, 188:197-201, 1981. 74. Micro structure and Properties of A15 Superconductors Formedby Direct Precipitation, (with M.Hong, D.R.Dietderich and I.W. Wu), IEEE Trans. on Magnetics, vol. MAG-17:1, 1981. 75. The crystallographic orientation of A15 V3Ga and Nb3Al precipitates in BCC matrices, (with I.W. Wu and M. Hong), Appl. Phys. Lett. 39:1, 110- 112, 1981. 76. Observations on the Differences Reported in Region I for the Super— plastic Zn-22% Al Eutectoid, (with D. Grivas and T. G. Langdon), Scripta Met., 15:229-236, 1981. 6 1981 (cont.) 77. "Heat", in Encyclopedia of Phvsics,Lerner and Trigg (eds.),Addison- Wesley Pub. Co., Reading, MA, 1981, p.382. 78. Advances in the Heat Treatment of Steels,(with J.I. Kim, C. B. Syn), in Advances in Metal Processing,Burke,Mehrabian andWeiss(eds.), Plenum Press, 1981, p. 173. 79. AMossbauerStudyof Microstructural and Chemical ChangesinFe-9Ni Steel During Two-Phase Tempering (with B. Fultz), in Nuclear and Elec- tron Resonance Spectroscopies Applied to Materials Science.Kaufman and Shenoy (eds.), Elsevier North Holland, Inc., 1981, pp. 377-384. 80. TheComposition of Precipitated Austenite in 5.5Ni Steel(withl.I. Kim), Met Trans A, vol. 12A, 1981. 1982 81. Developmental Studies on Powder Processed Nb3A1 Superconducting Wire, (with J.M. Hong, I.W. Wu, J. Holthuis and M. Hong), Adv. in Cryogenic (Materials), vol. 28, 1982, pp. 483-493. 82. Ferritic Weldment of Grain-Refined Ferritic Steels for Cryogenic Use, (with H. J. Kim and C.K. Syn), Adv. in Cryogenic (Materials), vol. 28, 1982, pp• 873-882. 83. The Development of a Ferritic Consumable for Welding Grain-RefinedFe- 12Ni-0.25Ti to Retain Toughness at 4.2K, (with H.J. Kim) Welding J., August, 1983, pp. 210-219s. 84. An Investigation of the Enhancement of the Critical Current Densities in Bronze-Process Nb3Sn, (with M. Hong, I. W. Wu, W. Gilbert, W. V. Hassenzahl and C. Taylor) in Adv. in Cryogenic (Materials), vol. 28, 1982, pp• 873-882. 85. Weldability of Grain Refined Fe-12Ni-0.25Ti Steel for Cryogenic Applica- tions, (with D. E. Williams), Welding Research Supplement, 5:133-138s, 1982. 86. The Habit Plane Shift and the Morphology of alpha" Nitride Precipitate in alpha-Fe (with Y. C. Shih), in the Proc. of Annual Electron Micro- scopy Soc. Amar., G. W. Bailey (ed.), Washington, D.C., 1982, pp. 728-9. 87. The Elastic Contribution to the Thermodynamics in Solids, (with A. G. Khachaturyanand S.Wen) inProc. of the Solid->Solid Phase Transfor- mation Conf., Aaronson, Laughlin, Sekerka and Wayman (eds) Metallur- gical etallur- gisal Soc., 1982, pp. 101-126. 88. The Influence of Rapid Thermal Cycles in Multipass Welding of the Heat- Affected Zone Properties of Ferritic Cryogenic Steels (with H.J. Kim and H.K. Shin) in Proc. Int. Crvo&enic Materials Conf., Kobe, Javan. Butter- worths, England, 1982, pp. 1280132, 7 1982 (cont.) 89. A Metallurgical Interpretation of the "QLT" Heat Treatment of Ferritic Fe—NiCryogenic Steels (with J.I.Kim),in Proc. Int. Cryogenic Mate— rials Conf., Kobe, Japan, Butterworths, England, 1982, pp. 351-355. 90. TheInfluenceofHeat Treatment on the StructureandPropertiesof Bronze—Process Multifilamentary Nb3Sn Superconducting Wire(with I.W. Wu, M. Hong and W. Hassenzahl), in Proc. Int. Cryogenic Materials Conf., Kobe, Japan, Butterworths, England, 1982, pp. 388-391. 91. The Influence of Nitride and Carbonitride Precipitation on the Cryo— genic Mechanic alPropertiesofHigh Manganese AusteniticSteels(with R. Ogawa) in Proc. Int. Cryogenic Materials Conf., Kobe, Japan, Butterworths, England, 1982, pp. 124-128. 90. Effects of Magnetic Fields on Martensitic Transformations and Mechanical Properties of Stainless Steels at Low Temperatures (with B. Fultz), in Proc. Int. Cryogenic Materials Conf., Kobe, Japan,Butterworths, England, 1982, pp. 343-348. 1983 92. Computer Simulation of Dislocation Motion: (with F.R.N. Nabarro) in Dislocations in Solids, North Holland Pnb. , 1983. 93. Microstructural Sources of Toughness in QLT—Treated 5.5Ni Cryogenic Steel, (with J.I. Kim and C.B. Syn), Met. Trans., 14A:1, 93-103, 1983. 94. Research Toward New Alloys for Generator Retaining Rings, (with K. M. Chang, in MICON 82, Abrams, Clark, Hood and Seth (eds) ASTM—STP 792, pp. 79-103, 1983. 95. High Resolution Scanning Auger Microscopic Investigation of Intergran— ular Fracture in As—Quenched Fe-12Mn,(with H.J.Lee),Met. Trans., 14A:5, 913-920, 1983. 96. The Development of a Ferritic Consumable for Welding Grain—RefinedFe- 12Ni-0.25Tito Retain Toughness at 4.2K, (withH.J. Kim),Welding Journal, 62:8, 210s-219s, 1983. 97. The Aging Response of Welded Iron—Based Superalloy (with M.J. Strum and L.T. Summers) Welding Journal, 62:9, 235s-242s, 1983. 98. The Nature of Transgranular Quasicleavage Fracture in Fe—Ni Steel Embrittled by Hydrogen (with Y.H. Kim), Met. Trans. 14A, September, 1983, pp. 1983-1883. 99. The Influence of Magnesium Addition to the Bronze on the Critical Cur— rent of Bronze—Processed Multifilamentary Nb3Sn (with I.W. Wu, D.R. Dietderich, J.T. Holthuis and W.V. Hassenzahl) IEEE Trans. MAG. 19:3, 1437, 1983. 8 1983 (cont.) 100. The Thickness Distortion of 57Fe Backscatter Mossbauer Spectra: II. Effects of Secondary Resonant Absorptions (with B. Fultz) Nuclear Instr, and Methods, 211:569-570, 1983. 101. Effects of Magnetic Fields on Martensitic Transformations and Mecha- nical properties of Steels at Low Temperatures, (with B. Fultz and G.M. Chang), in Austanitic Steels at Low Temperature, R. Reed and T. Horiuchi (ads.) Plenum Press, New York, 1983. 102. The Microstructure and Critical Current Characteristic of a Bronze- Processed Multifilamentary Nb3Sn Superconducting wire (with I.W. Wu, D.R. Dietderich, J.T. Holthuis, M. Hong and W.V. Hassenzahl), J. Appl. Physics, 54:12, 1983, pp. 7139-7151. 1984 103. "Cryogenic Steels", in Encyclopedia of Materials Science and Engi- neering, G. Speich and W. Owens (ads.), Pergamon Press, Ltd, England, 1984. 104. The State and Habit of the Fe16N2 Precipitate in BCC Iron: Elastic Theory (with M.H. Hong and D.E. Wedge), Acta Metall. 32:2 1984, pp. 277-288. 105. The Role of the Constituent. Phases in Determining the Low Temperature Toughness of 5.5Ni Cryogenic Steel (with J.I. and H. Jae Kim), Met. Trans. 15A, 1984, pp. 2213-19. 106. The Influence of Processing on the Cryogenic Mechanical Properties of High Strength High Manganese Stainless Steel (with R. Ogawa), Adv. in Cryogenic (Materials), vol. 30•, 1984, p. 177. 107. Welding Superalloy Sheet for Superconducting Cable Jackets (with L.T. Summers and M.J. Strum), Adv, in Cryogenic (Materials), vol. 30, 1984 p. 291. 108. Pulsed Magnet Field Testing of Muitifilamentary Nb3Sn Supercon- ducting Wire (with J. Glazer), Adv. in Cryogenic Eng. (Materials), vol. 30, 1984, p. 961. 109. Magneto-Mechanical Effects in 304L Stainless Steel (with B. Fultz), Adv. in Cryogenic (Materials), vol. 30, 1984, p. 253. 110. The Use of Phase Transformations in the Design of Alloy Steel, Proc. Mat. Res. Soc. Symposium, vol. 21, 1984, pp. 713-721. 111. The Elastic Theory of the Defect Solid Solution (with A.G. Khatcha- turyan and S.H. Wen), Proc. of NATO Advanced Study Institute in Modu- lated Structure Materials, T. Tsakalakos (ed.), Martinus Nijhoff, Dor- drecht, Holland, 1984, p. 327. 9 1984 (cont. ) 112. The Effects of High Magnetic Fields on the Microstructure and Toughness of Cryogenic 9Ni Steel (with G.O. Fior and B. Fultz), Ferritic Alloys for Use in Nuclear Energy Technologies, Davis and Michel (eds.), TMS— AIME, Warrendale, PA, 1984, pp. 543-48. 113. Cryogenic Mechanical Properties of Alloy MP35N (with B. Fultz, A. DuBois and H.J. Kim) Cryogenics, December, 1984, pp. 543-48. 114. Cryogenic Materials for High Field Superconducting Magnets (with E.N.C. Dalder) Kobe Steel Engineering Reports, 34:3, 1984, pp. 1-20. 115. Temperature and Mn Content Dependence of Tensile Deformation in Fe— High Mn Binary Alloys (with Y. Tomota) Iron and Steel Inst. J., 24:8, 1984, p. B273. 116. Mechanical Stabilization of Austenite against a Martensite and Its Effect on Deformation Behavior in High Mn Steels (with Y. Tomota) Iron and Steel Inst. J., 24:8, 1984 p. B275. 117. Advanced Metallic Alloys for Future Energy Systems, ASM Conf. on Materials for Future Energy Systems, ASM Publications, April, 1984. 118. Strength vs. Toughness Relation in Fe—High Mn Alloys (with Y. Tomota) Iron and Steel Inst. J., 24:8, 1984, p. B274. 1985 119. Mechanical Stabilization of Precipitated Austenite in 9Ni Steel (with B. Fultz), Met. Trans., vol. 16A, 1985, pp. 2251-2256. 120. The Critical Current Density and Microstructural State of an Internal Tin Multifilamentary Superconducting Wire (with D. Dietderich, J. Glazer, C. Lea and W. Hassenzahl) IEEE Transactions on Magnetics, Mag. 21:2, March, 1985, pp. 297-300. 121. The . Microstructural State of Pib3Sn in a Multifilamentary Titanium— Doped Bronze—Process Wire (with P.E. Johnson—Walls, D.R. Dietderich, W.V. Hassenzahl) IEEE Transactions on Magnetics, Mag. 21:2, March, 1985, pp. 1137-1139. 122. Mechanical Stability of Precipitated Austenite in 9Ni Steel (with B. Fultz, J. Kim, Y. Kim, H. Kim and G. Fior), Met. Trans., vol. 16A, 1985, pp. 2251-2256. 123. Observations of Precipitates in 95Pb-5Sn Solder (with D. Frear), Proc. 43rd Ann. Electron Microscopy Soc. Amer., T.W. Bailey (ed.), 1985, pp. 342-43. 1986 124. Structural Alloys for High Field Superconducting Magnets, Adv. in Cryogenical Engineering (Materials), vol. 32, 1986, pp. 1-22. 10 T' 1986 (cont. ) 125. A Study of the Effect of Precipitated Austenite on the Fracture of Ferritic Cryogenic Steel (with Darrel Frear), Met. Trans., vol. 17A, 1986, p.243. 126. Effects of High Magnetic Fields on the Flow Stress of 18-8 Stainless Steels (with B. Fultz), Acta Metall., 34:3, 1986, pp. 379-384. 127. Cryogenic Mechanical Properties of High Manganese Steel Weldments (with J.W. Chan) , Adv. in Cryogenic Eng. (Materials), vol. 32, 1986, pp. 99-102. 128. Cryogenic Mechanical Properties of Al—Cu—Li—Zr Alloy 2090 (with J. Glazer, S.L. Verzasconi, E.N.C. Dalder, W. Wu, R.A. Emigh, and R.O. Ritchie), Adv. in Cryogenic Eng. (Materials), vol. 32, 1986, pp. 399-406. 129. Magneto—Mechanical Effects in Steels with Metastable Austenites (with B. Fultz, G. Fior and R. Kopa), Adv. in Cryogenic Eng. (Mate— rials), vol. 32, 1986, pp. 377-384. 130. Thermomechanical Processing of a Two—Phase A1—Cu—Li—Zr Alloy (with J. Glazer) in Aluminum—Lithium Alloys III, Institute of Metals, London, 1986, pp. 191-198. 131. A Theoretical Analysis of the Aging Response of Al-Li Alloys Strength— ened by A13Li Precipitates (with J. Glazer and T.S. Edgecumbe), Aluminum—Lithium Alloys III, Inst, of Metals, London, 1986, pp.369-375. 132. Hyperfine Fields in Fe—Ni—% Alloys and Their Application to a Study of Tempering of 9Ni Steel (with B. Fultz) Proc. Industrial Applications of the MSssbauer Effect, "Hyperfine Interactions, vol. 28, 1986, pp. 553-556. 133. The Relationship between Critical Current and Microstructure of Internal Tin Wire (with D.R. Dietderich and W.V. Hassenzahl), Adv. in Cryogenic Eng. (Materials), vol. 32, 1986, pp. 883-890. 134. Effects of High Magnetic Fields on the Flow Stress of 18-8 Stainless Steels (with B. Fultz) , Acta Metall. 34:3, 1986, pp. 379-384. 135. Software Feedback Controls for Materials Testing Systems (with B. Fultz) , J. Metals, April, 1986, p. 58. 136. Computer Simulation of Dislocation Glide--I. Comparison with Statistical Theories (with S. Altintas), Acta Metall. 34:5, 1986, pp• 801-807. 136. Computer Simulation of Dislocation Glide--II. Comparison with Experiments (with S. Altintas) , Acta Metall. 34:5, 1986, pp. 809-816. 11 1986 (cont . 138. Microstructural Dependence of Fe—High Mn Tensile Behavior (with Y. Tomota and M. Strum), Met. Trans. vol. 17A, 1986, pp. 537-547. 139. Microstructural Refinement in Martensitic Fe-12Ni-0.25Ti: Thermal Mechanisms of Grain and Packet Refinement (with H.J. and Y.H. Kim), Met. Trans. , 17A, 1986, pp. 537-547. 140. The Chemical Composition of Precipitated Austenite in 9Ni Steel (with B. Fultz, J.I. Kim and Y. Kim) , Met. Trans., vol. 17A, 1986, pp• 967-972. 141. Observations of Precipitates in 95 Pb-5Sn Solder (with Darrel Frear), Proc. 43rd Ann. Electron Microscopy Soc. Amer., G.W. Bailey (ed.) , 1986, pp. 342-43 . 142. The Temperature Dependence of the 57Fe Hyperfine Magnetic Field Distribution in Fe—Ni (with B. Fultz), in Hyperfine Interactions 28, 1986, pp. 553-556. 143 . Sources of Intergranular Embrittlement During High Temperature Testing of an Iron Base Superalloy (with G.—Xiang Hu), Met. Trans. in press. 144. Tensile Deformation Behavior of Mechanically Stabilized Fe—Mn Aus— tenite (with Y. Tomota) Met. Trans., in press. 145. Relationship between Toughness and Microstructure in Fe—High An Binary Alloys (with Y. Tomota), Met. Trans., in press. 146. The Temperature 'Dependence of Hyperf ine Magnetic Fields (with B. Fultz) Physical Review B, 34, 1986, p. 4480. 147. The Preferred Habit of a Coherent Thin—Plate Inclusion in an Aniso— tropic Elastic Solid (with Eric Kostlan), Acta Metall. in press. 148. Microstructural Observations and Mechanical Behavior of Pb—Sn Solder on Copper Plates, (with D. Frear and L. Quan) Mat. Res. Soc Symp. Proc. vol. 72, 1986, pp. 181-186. 149. The Design of Tough Ferritic Steels for Cryogenic Use, in Mechanical Properties and Phase Transformation in Engineering Materials, S.D. Antolovich, R.O. Ritchie and W.W. Gerberich (eds.) , 1986, pp. 99-123. 150. The Stability of Precipitated Austenite in Fe—Ni Cryogenic Steels (with B. Fultz and J.I. Kim) Proc. ICOMAT, in press. 151. Theory of Strengthening by Ordered Precipitates (with J. Glazer), in Al—Alloys—Physical and Mechanical Properties, E.A. Stark (ed.) Engineering Mat. Advisory Services Ltd., West Midland, England, 1986, pp. 783-796. 12 J w 1986 (cont. ) 152. Microstructural Refinement through Multipass GTAW Process (with H.J. Bim) Proc .'86 Int. Conf. on Trends in Welding Research, in press. 153. Formation of Nb3A1 in Nb—A1 Superconductors by Powder Process (with P.E. Johnson and Y.I. Im), Proc. Appl. Superconductivity Conf., in press. 154. Fatigue and Thermal Fatigue Testing of Pb—Sn Solder Joints (with D. Frear, D. Grivas, M. McCormack and D. Tribula), Proc. 3rd Annual ASM Conf. on Electronic Packaging, in press. 155. The Effect of Cu6Sn5 Whisker Precipitation in Bulk 60Sn-4OPb Solder (with D. Frear and D. Grivas), J. Electronic Materials, in press. 156. Research towards an Expert System for Materials Design (with D.E. Marinaro) , TMS Proceedings, in press. 13 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY Date: March 27 , 1987 MARTINEZ, CALIFORNIA To: Harvey E. Bragdon, Dir. of Community Development Attn: Paul E. Kilkenny From:Victor J. Westman, County Counsel AA, By: Silvano B. Marchesi, Asst County Counsel Re: USS-POSCO On 26 March 1987 I called four of the San Francisco lawyer references provided by Dr. Morris. Three returned my calls. Among them there was no negative comment or reservation about Dr. Morris ' s qualifications or integrity. Some of their comments to me are summarized below. Abramson and Smith This San Francisco firm is well-known as a plaintiff ' s firm in the personal injury and products liability fields. It has used Dr. Morris in five or six cases, including one involving a crash of a 747 airliner. Quotes: "He has never been impeached. " "He would not take anything he is not qualified to evaluate. " "He is extremely bright. " "I would not hesitate to use him again. " Lossing and Elston This firm has used Dr. Morris in several cases. Quotes: "One of the brightest people we've ever dealt with. " "Highly qualified. " "Extremely good work. " "Our opponent tried to challenge Dr. Morris ' s qualifications, but he got nowhere. " "I can' t think of anything that would cast doubt on his ability to be impartial. " Harvey E. Bragdon March 27, 1987 Bailey and Karpman This firm has used Dr. Morris in four or five cases. Quotes: "There is no doubt that he is eminently qualified as a metallurgist. " "I am confident that I ' ll get an honest opinion. He won' t tell me what he thinks I want to hear. " "He is very credible and very honest. " "He always responds to a problem in a scientific manner, not to make a statement or to take sides. " "He is prompt to tell you if a question is outside his area of expertise. " "I would never have any hesitation to use him again or to recommend him. " 2