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TO: BOARD OF SUPERVISORS �E L Contra
FROM:
Phil Batchelor, County Administrator :` ' ��► `" Costa
Count
April 14 1993
DATE: p �T�iiivr
SUBJECT: LEGISLATION: SB 786 (Wright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of SB 786 by Senator Cathie Wright,
which would extend the deadline for the Department of Toxic
Substances Control to complete its review of counties ' Hazardous
Waste Management (Tanner) Plans to January 1, 1994 .
BACKGROUND:
Under the so-called "Tanner" legislation, counties were authorized
to prepare and submit hazardous waste management plans to the
State. The State Department of Toxic Substances Control was
required to review and either approve or disapprove the final
county hazardous waste management plans by December 31, 1988, or
Novpmber, 1989, if a county had been given an extension of time
within which to submit the plan.
Contra Costa County submitted its hazardous waste management plan
in a timely manner and received approval for it. We believe only
one or two other counties in the Bay Area have such approved plans .
Contra Costa County' s plan included so-called "Fair Share" language
which allows this county and all other counties in the ABAG region
to jointly agree on which jurisdiction will be responsible for
insuring that within ABAG there are adequate facilities and
processes to handle each type of hazardous waste which is generated
in the region and in the quantities which are generated in the
region.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATU_ RE(s): L�/ �
ACTION OF BOARD ON -April 90 , 1993 APPROVED AS RECOMMENDED /� OTHER
VOTE OF SUPERVISORS
C 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.
ATTESTED --a.%2.,t� �,
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
M. See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
We are now being advised by the State that it cannot act on any
plans that have already been submitted or that may be submitted in
the future because all of the deadlines provided in State law for
State review have expired. It is essential that these deadlines be
extended in order to allow for the orderly submission and approval
of these plans . The problem arises in the case where the other
counties do not have, and now cannot obtain, approval for their
plans because of the deadlines which were imposed by the "Tanner"
legislation. If we do not have approved plans for all
jurisdictions in the ABAG area, our "Fair Share" language is
useless, since it presupposes such approved plans throughout the
region. In this case we, and each other jurisdiction in the
region, will have to make provision for all of the hazardous waste
generated in our county. Since Contra Costa County generates more
hazardous waste per capita than any other county in the State, this
would place an incredible (and unnecessary) burden on us .
Years of work and tens of thousands of hours of work have gone into
the preparation of the plans in the counties in the ABAG region and
in the negotiation of a inter-jurisdictional agreement which
implements the "Fair Share" language. We were even successful in
getting State approval for our "Fair Share" language, despite the
State' s reluctance to agree to such an arrangement.
CSAC has asked Senator Wright to introduce SB 786, which, as
introduced, simply extends until January 1, 1994 the date by which
the State may review and act on these plans . Contra Costa County
is also sponsoring legislation (AB 1034 - Campbell) which does much
the same thing, in case any problems arise with SB 786 .
This is an element in the Board' s 1993 Legislative Program and it
therefore appears appropriate for the Board to indicate its support
for SB 786 .
cc: County Administrator
Health Services Director
Barbara Masters, Executive Assistant to the
Hazardous Materials Commission
County Counsel
Steve Swendiman, Executive Director, CSAC
Les Spahnn, Heim, Noack & Spahnn
-2-
`77
SENATE BILL No. 786
Introduced by Senator Wright
March 4, 1993
An act to amend Section 25135.7 of the. Health and Safety
Code,. and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 786, as. introduced, Wright. Hazardous waste
management plans.
Existing law authorizes a county to prepare a county
hazardous waste management plan for the management of all
hazardous waste produced in the county. Existing law
requires a county to submit the final county hazardous waste
management plan to the Department of Toxic Substances
Control pursuant to a specified schedule, for review and
approval, if specified determinations are made, or
disapproved. The department is required to review and.
either approve or disapprove the final county hazardous
waste management plan on'or before December 31, 1988, or
on or before November 30, 1989, if the county is given a time
extension.
. ..... . . ..
This bill would extend the deadline for the department's
review of the final plan to January 1, 1994, and make related
changes.
The bill would declare that it is to. take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
99 80
SB 786 — 2 —
The
2 —The people of the State of California do enact as follows.
1 SECTION 1. Section 25135.7 of the Health and Safety
2 Code is amended to read:
3 25135.7. (a) A county shall submit the final county
4 hazardous waste management plan adopted by the
5 county to the department for review and approval on or
6 before October 1, 1988. If a county shows the department
7 that the county has made substantial progress towards
8 completing the county hazardous waste management
9 plan and needs more time to complete the plan, the
10 department may extend this date to June 1, 1989. If the
11 department sends comments on the draft county
12. hazardous waste management plan to a county after June
. 13 30, 1988, the department may extend the due date for
14 submittal of the final county hazardous waste
15 management plan for that county to September 1, 1989.
16 ire On or before January 1, 1994, the department shall ;
17 en or before T,e.,..w,b er 31-, 1988, e - ee e - :before
18 November 39- 1989, if the eek given a time
19 extensieft, review and either approve or disapprove the
20 county hazardous waste management plan. If wt
21 addWena4 time extensien is given to September 4; 1989,
22 pur-sttant.te this wh en;the departm sha4
23 and either erpprre-ve or the eek hetzardei
24 waste management plem on eT.before February Q&, 1990.
25 The department shall approve the county hazardous
26 waste management plan if the. department makes all of
27 the following determinations:
28 (1) The plan substantially complies with the
29 guidelines for the preparation of hazardous waste
30 management plans adopted by the department.
31 (2) The plan applies the methods, techniques, and
32 policies established by the department to analyze the
33 waste stream and to determine whether there is a need
34 for additional or expanded hazardous waste facilities to
35 safely manage and properly dispose of the hazardous
.36 waste generated within the county.
37 (3) If the plan contains a determination pursuant to
38 paragraph (5) of subdivision (d) of Section 25135.1 that
99 110
- 3 — SB 786
1 there is a need for additional or expanded hazardous
2 waste facilities, the plan proposes. general areas, or, as
,ty 3 determined appropriate by the county, proposes specific
4 sites, which may be suitable locations for a facility.
ity 5 However, if the plan instead contains siting criteria for
he 6 selecting sites for new hazardous waste facilities, the plan
or 17 shall propose general areas where the criteria might be
int 8 applicable.
-ds 9 (4) If the county preparing the plan has entered into
-nt 10 k formal agreement with other- counties to manage
he 11 hazardous waste, the agreement is documented.
he 12 (b) Within 180 days after the department approves a
ity 13 county hazardous waste management plan, the county
ne 14 shall .either incorporate the applicable portions of the
:or 15 plan, by reference, into the county's general plan, or
ate 16 enact an ordinance which requires that all applicable
59. 17 zoning, subdivision, conditional use permit, and variance
11 18 decisions are consistent with the portions of the county
We 19 hazardous waste management plan. which identify
Re 20 specific sites or siting criteria for hazardous waste
he 21 facilities. A
aft 22 (c) Within 180 days after receiving - written
3g,.1 23 notification from the county that the county hazardous
24 waste management plan has been approved, each city
es 25 within that county shall do one of the following:
26 (1) Adopt a city hazardous waste management plan
)US 27 containing all of the elements required by subdivision
of 28 ,(d) of Section 25135.1 ,.which shall be consistent with the
29 approved Kcounty hazardous waste management plan.
he 30 (2) Incorporate the applicable portions of the
;te 31 approved county plan, by reference, into the city's
32 general plan.
ad 33 (3) Enact an ordinance which requires that all
he 34 applicable zoning, subdivision, conditional use permit,
ed 35 and variance decisions are consistent with the portions of
to 36 the approved county plan which identify general areas or
Ous 37 siting criteria for hazardous waste facilities.
38 (d) This section does not limit the authority of any city
to . 39 to attach appropriate conditions to the issuance of any
tat 40 land use approval for a hazardous waste facility in order
110
99 130
SB 786 — 4 —
I
4 -
1 to protect the public health, safety, or welfare, and does
2 not limit the authority of a city to establish more stringent
3 planning requirements or siting criteria than those
4 specified in the county hazardous waste management
5 plan. •
6 (e) Any amendment to an adopted county hazardous
7 waste management plan requires the approval of the .--N\
8 department, the county, and a majority of the cities
9 within the county which contain a majority of the
10 population of the incorporated area of the county.
11 SEC. 2. This act is an urgency statute necessary for
12 the immediate preservation of the public peace, health,
13 or safety within the meaning of Article IV of the
14 Constitution and shall go into immediate effect. The facts
15 constituting the necessity are: .
16 Iri order to provide additional time for. the review of
17 county Hazardous - waste management plans, thereby
18 protecting public health and safety and the environment,
19 it is necessary that this act take effect immediately.
O
99 130
D