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HomeMy WebLinkAboutMINUTES - 06091987 - 2.5 'nBOARD OF SUPERVISORS ��� FROM: Phil Batchelor Contra County Administrator Costa DATE* June 2, 1987 County SUBJECT: Land Disposal of Liquid Hazardous. Waste SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Request County Counsel to prepare a revised ordinance incorporating the recommendation of the Hazardous Materials Commission and return it to the Board for further consideration. BACKGROUND: On March 17, 1987, at the request of Supervisor McPeak, the Board of Supervisors directed County Counsel to prepare an ordinance which would implement County policy requiring termination of liquid hazardous waste disposal to land by July 1, 1988. In response to this referral, County Counsel has prepared an ordinance which is consistent with Recommendation 26 of the Hazardous Waste Task Force which the Board adopted in May of 1986. A copy of that ordinance is attached. The ordinance is designed to accomplish three things: 1. Prohibit land disposal of liquid waste, liquid hazardous waste and hazardous waste containing free liquids in a hazardous waste landfill. 2. Prohibit land disposal of liquid hazardous waste or hazardous waste containing free liquids effective July 1, 1988. 3 . Prohibit land disposal of any hazardous waste unless the waste is a treated hazardous waste effective January 1, 1990. Exceptions are provided for consistent with SB 1500 ( Chapter 1509, Statutes of 1986) . The Hazardous Materials Commission considered this ordinance at their meeting on May 27, 1987. It was noted that SB 1500 was amended several times after the Hazardous Waste Task Force' s recommendation was drafted. As a result there is a discrepancy CONTINUED ON ATTACHMENT: X YES SIGNATURE; .. A41 laz RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE X APPROVE OTHER SIGNATURE(S 1' /!. /✓(u/�/C.. ili,�( `- ACTION OF BOARD ON June 9. 1987 APPROVED AS RECOMMENDED X OTHER X REQUESTED County Counsel to prepare an amended ordinance dealing with land disposal of liquid hazardous wastes, as revised in conformance with State and Federal deadline dates; DETERMINED to take no action at this time on IT Corporation's request relative to movement of existing liquid hazardous wastes; and REQUESTED the Hazardous Materials Commission to invite the Blum Road Alert Committee to its June 24, 1987 meeting. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X 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: County Administrator ATTESTED _ 0 /9 Health Services Director Community Development Director P BATCHELOR, CLERK OF THE BOARD OF Hazardous Materials Commission SUPERVISORS AND COUNTY ADMINISTRATOR Mark Posson, IT Corporation % County Counsel BY ,DEPUTY M382/7-83 w � r Page 2 in the dates for prohibiting the disposal of untreated hazardous waste. The Commission believes the date should be adjusted from January 1, 1990 to May 8, 1990 to correspond to existing federal and state deadlines. The Commission, however, did not wish to take the liberty of altering an ordinance which corresponds literally to Recommendation 26. The Commission, therefore, voted to endorse the draft ordinance, but recommends that it be amended to adjust the deadline dates for the disposal of untreated hazardous waste from January 1, 1990 to May 8, 1990 . Representatives from IT Corporation who were present at the Hazardous Materials Commission meeting on May 27 also pointed out a • problem with the language prohibiting the land disposal of liquid hazardous waste effective July 1, 1988. While IT Corporation intends to comply by not adding any additional liquid hazardous waste to their existing surface impoundments effective July 1, 1988, they would like the freedom to move the existing liquid between surface impoundments to maximize the opportunity for evaporation. This is probably not permitted under the existing language of the ordinance. The Management Committee of the Hazardous Materials Commission has agreed to consider this problem at their meeting on June- 10 and will make a report to the Commission on June 24, following which the Commission will make a further recommendation to the Board on this issue. In the meantime, it is recommended that the Board decide whether to incorporate the change of dates to May 8, 1990 and refer the ordinance to County Counsel for redrafting. Further redrafting may be necessary after the Hazardous Materials Commission has considered IT Corporation' s request. County Counsel should then be requested to return the ordinance to the Board on or about July 21, 1987 for the Board' s further consideration. ORDINANCE NO. 87- ( Land disposal of hazardous waste) The Contra Costa County Board of Supervisors ordains as follows: SECTION I . SUMMARY. This ordinance provides, subject to specified exceptions , for the termination of: 1) liquid hazardous wastes disposal to landfills ; 2 ) effective July 1, 1988, the use of any land disposal method to dispose of liquid hazardous waste or hazardous waste containing free liquids; and 3 ) effective January 1, 1990 , the use of any land diposal method to dispose of hazardous waste unless the waste has been treated. SECTION II . FINDINGS. - (a) State permitted hazardous waste land disposal facilities, once considered secure, are increasingly found to have problems containing the waste deposited therein, making it impossible to guarantee long-term security. Hazardous wastes have been shown to migrate from land disposal facilities and contaminate the environment through leakage and runoff in landfills, seepage, runoff, and air emissions from ponds, percolation from improper land applications, leaks in the equipment used for injection wells, and leaks from buried drums and tanks . (b) The disposal of untreated hazardous waste in or onto land without adequate technical safeguards threatens not only the quality of the county' s land, air, and water resources, but poses a direct hazard to health and safety by exposing the public to , substances that have been found to cause cancer, birth defects, miscarriages, nervous disorders, blood diseases, and damage to vital organs and genes . (c) Cleaning up contaminated sites and eliminating the threat to public health and the environment is very costly. (d) It is, therefore, in the public interest to establish a program to limit the use of land disposal Practices which do not meet certain prescribed standards and promote alternatives for hazardous waste management. (e) It is the intent of the Board to supplement State legislation in guiding hazardous waste management towards more efficient and secure methods . SECTION III . DEFINITIONS. (a) For the purposes of this ordinance, the following definitions apply. ( 1) "Free liquids" mean liquids which readily separate from the solid portion of a hazardous waste under ambient temperature and pressure. (2 ) "Department" means the State Department of Health Services. ( 3 ) "Disposal" or "dispose" means to abandon, deposit, inter or otherwise discard waste. (4 ) "Hazardous waste landfill" means a disposal facility, or part of a facility, where hazardous waste is placed in or onto land and which is not a land treatment facility, a surface impoundment, or an injection well. ( 5 ) "Land disposal" means any placement of hazardous waste in or onto land at a hazardous waste facility, including but not limited to, disposal using a landfill, a waste pile, commingling with municipal garbage, a surface impoundment, pit, pond, lagoon, sump, a land treatment facility, land spreading, injection wells, or any other land application technique., ( 6 ) "Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership, and association. "Person" also includes any city, county, district, and the state or any department or agency thereof, and the federal government or any department or agency thereof to the extent permitted by law. (7 ) "Treatment" means any method, technique, or process , including incineration, occurring at authorized- facilities which changes the physical, chemical, or biological character or composition of any hazardous waste and, by that change, the waste becomes nonhazardous, significantly less hazardous , or more suitable for land disposal because of removal or substantial reduction of undesirable properties, such as toxicity, mobility, persistence, reactivity, bioaccumulation, flammability, or corrosivity. "Treatment" does not include any. of the following, to the extent that one or more of the following are the only methods which are used: (A) Solidification of hazardous waste by the addition of absorbent material which produces a change only in the physical character of the waste without a corresponding change in the chemical character of the waste. (B) Treatment occurring directly in or on the land, such as land treatment, except that treatment may include on site treatment necessary for site mitigation. (C) Dilution of hazardous waste by the addition of nonhazardous material. (D) Evaporation in a surface impoundment. ( 8) "Treated hazardous waste" means a hazardous waste which has been subject to treatment, as specified in subdivision ( 6 ) , and which meets treatment standards established by the department pursuant to Health and Safety Code Section 25179 . 6. "Treated hazardous waste" also includes a hazardous waste which meets the treatment standards established by the department pursuant to Health and Safety Code Section 25179 .6 without prior treatment. If a treatment standard has not been established for a hazardous waste, the hazardous waste shall be considered a treated hazardous waste if the waste complies with one of the following: (A) The waste complies with the criteria and requirements established in Section 66742 of Title 22 of the California Administrative Code and has been classified as a special waste pursuant to Section 66744 of Title 22 of the California Administrative Code. (B) The waste does not contain any persistent or bioaccumulative toxic substances in excess of the soluble threshold limit concentration for the substance, as established in regulations adopted by the department. (b) Every other term used in this ordinance shall have the meaning ascribed to it in Health and Safety Code § 25179.3, if it is defined in that section. If a term is not defined in Health and Safety Code § 25179 . 3, but is defined elsewhere in Health and Safety Code Chapter 6. 5 (commencing with § 25100) , then said term shall have the meaning ascribed to it in such provision in Chapter 6. 5 . -2- ORDINANCE NO. SECTION IV. HAZARDOUS WASTE LANDFILL DISPOSAL. (a) Disposal prohibited. No person shall dispose of liquid waste, liquid hazardous waste, or hazardous waste containing free liquids; in a hazardous waste landfill. (b) Exception. Subdivision (a) does not apply to small containers of hazardous waste in lab packs if they are disposed of in accordance with the requirements of Section 66910 of Title 22 of the California Administrative Code. SECTION V. LAND DISPOSAL OF LIQUID HAZARDOUS WASTES. (a) Disposal Prohibited. Effective July 1, 1988, no person shall use any land disposal method to dispose of liquid hazardous waste or hazardous waste containing free liquids. (b) Exceptions. ~Subdivision (a) does not apply to the following: ( 1 ) Variance. A person to whom a variance has been granted by the department pursuant to Health and Safety Code § 25179 . 8, to the extent and only for so long as said variance is in effect. ( 2 ) Surface impoundment. A person discharging a hazardous waste into a surface impoundment in accordance with Health and Safety Code § 25179 .11. ( 3 ) Land treatment facility. A person operating a land treatment facility who is exempted from the requirements of Health and Safety Code § 25179 .6 pursuant to Health and Safety Code § 25179 .12 . SECTION VI . LAND DISPOSAL OF HAZARDOUS WASTES. (a) Disposal Prohibited. Effective January 1, 1990, no person shall use any land disposal method to dispose of any hazardous waste unless the waste is a treated hazardous waste. (b) Exceptions. Subdivision (a) does not apply to the following: ( 1) Lab packs . Small containers of hazardous waste in lab packs if they are disposed in accordance with the requirements of Section 66910 of Title 22 of the California Administrative Code. ( 2 ) Hazardous waste from site cleanup. Solid hazardous waste generated in the cleanup or decontamination of any site contaminated by hazardous waste which does not meet treatment standards established by the department, if the disposal of the waste has been approved by the department or other agency authorized to approve the cleanup or decontamination after considering those factors specified in subdivision (c) of Health and Safety Code Section 25356.1, regardless of whether a remedial action plan has been, or will be, prepared for the cleanup or decontamination. ( 3 ) Extension for specific hazardous waste. A specific hazardous waste if pursuant to Health and Safety Code § 25179 . 7 , the department extends the implementation date after which the land disposal of said hazardous waste is prohibited, pursuant to Health and Safety Code § 25179 .6, for said specific hazardous waste, for so long as said extension is in effect. ( 4 ) Variance. A person to whom a variance has been granted by the department pursuant to Health and Safety Code § 5179 .8 , to the extent of and only for so long as said variance is in effect . -3- ORDINANCE NO. 1� ( 5) Special Waste. A person to whom the department has granted an exemption, pursuant to Health and Safety Code § 25179 . 10, from the requirements of Health and Safety Code § 25179 .6, to the extent and for the duration of such exemption. ( 6) Surface impoundment. A person discharging a . hazardous waste into a surface impoundment in accordance with Health and Safety Code § 25179.11. (7 ) Land treatment facility. A person operating a land treatment facility, who is exempted from the requirements of -Health and Safety Code § 25179 .6 pursuant to Health and Safety Code § 25179 .12 . SECTION VII . ENFORCEMENT. (a) Criminal. Every act or condition prohibited by this ordinance is a violation of this ordinance and punishable as a misdemeanor pursuant to Government Code § 25132. Acts or conditions in violation of this ordinance which continue, exist, or occur on more than one day constitute separate violations and offenses on each such day. (b) Civil . In addition to the penalties provided by this ordinance, this ordinance may be enforced by any civil action, including injunctive action, directly against the act or condition, or for damages therefor. Any condition existing in violation of this ordinance is a public nuisance and may be abated summarily or otherwise by the County. SECTION VIII . SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION IX. EFFECTIVE DATE. This ordinance becomes effective thirty days after the passage, and within fifteen days of 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 1987 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] LTF:df ( 5-7-87 )