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HomeMy WebLinkAboutMINUTES - 06181996 - D6AB * NA _ Contra TO: BOARD OF SUPERVISORSCOSta FROM: HARVEY E. BRAGDON County DIRECTOR OF COMMUNITY DEVELOPMENT DATE: June 18, 1996 SUBJECT: Proposed replacement of the Hazardous Materials Land Use Ordinance (Chapter 84-63) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. Open the public hearing, take testimony, close the hearing; and 2. Introduce the Ordinance entitled, "Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Materials", waive reading, and set June 25, 1996 for adoption. FISCAL IMPACT Implementation of the proposed Ordinance will result in additional costs for the Community Development Department and for businesses subject to its provisions. Agency s: Community Development Department costs would be covered by the existing fee schedule which provides a fee for hazardous waste determinations. However, our Department believes that fees charged for this review can be substantially reduced by the use of standard calculation sheets and by establishing a joint review process with the County Health Services Department. The Health Services Department, through their RMPP Program, has significant expertise in hazardous materials and knowl ge of many of the industrial businesses located in our County. CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON June 18, 1996 APPROVED AS RECOMMENDED x OTHER x SEE ADDENDUM FOR BOARD ACTION AND VOTES VOTE OF SUPERVISORS SEE ADDENDUM I HEREBY CERTIFY THAT .THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Catherine Kutsuris, CDD (5-1237) ATTESTED June 18, 1996 PHIL BATCHELOR, CLERK OF cc: Community Development Department THE BOARD OF SUPERVISORS County Counsel AND Y ADMINISTRATOR Health Services Department Hazardous Materials Commission BY v , DEPUTY (via HSD) COK\aw j:hazmat2.bo June 18, 1996 Page 2 With the Health Department 's assistance, we expect to be able to limit charges to the $140. 00 fee (which is the standard charge to determine if land use permits are required) or to, in some cases, not charge a fee. Business Costs: The proposed ordinance requires businesses to complete calculations to determine whether a land use permit is required. The cost to businesses for complying with the proposed ordinance would be minimized if a calculation sheet and explanatory materials could be prepared for their use. Our Department expects that the Hazardous Materials Commission will agree to work with us to develop this information. BACKGROUND/REASONS FOR RECOMMENDATIONS The Hazardous Materials Commission prepared a comprehensive revision to Chapter 84-63 of the County Code. This section sets the criteria for requiring land use permits for projects which are otherwise allowable in the industrial zoning districts. According to the existing code, projects which will use 4000 tons of hazardous waste or 12, 500 tons of hazardous materials require a land use permit. The proposed ordinance differs in a number the ways, the most prominent of which is the use of a formula to determine whether land use permits are required. The County Planning Commission held public hearings on May 14, 1996 and on May 28, 1996. The Commission unanimously approved a recommendation that the Board adopt the proposed ordinance with the modifications recommended by staff and with modifications to the formula to provide for more continuous functions such that small changes in project distance or quantity would result in a more comparable change in overall scoring. The recommendations proposed by staff which were approved by the Commission are: (1) the expansion of the applicability of the ordinance to all Zoning Districts such that if a project requires a land use permit in an industrial zoning district based on the use of hazardous materials or hazardous waste, that same project could not be established in a non-industrial zoning district without a land use permit; and (2) that businesses which are required by the ordinance to score their projects, submit that scoring to the Community Development Department for verification rather than to rely on a process which involves no review or filing with the Planning Agency. For the purposes of establishing compliance with the California Environmental Quality Act, staff finds that this activity is not a project subject to CEQA, pursuant to Section 15061 (b) (3) . It can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment because it has no potential to change any aspect of the physical environment. j:hazmat2.bo ADDENDUM ITEM D. 6 JUNE 18, 1996 This is the time noticed by the Clerk of the Board for hearing on the recommendation of the Contra Costa County Planning Commission on a proposed ordinance which would repeal Chapter 84- 63 and add a new Chapter 84-63 which requires land use permits for certain projects involving hazardous waste or hazardous materials . The proposed ordinance sets forth criteria for requiring land use permits which gives greater emphasis to factors involving potential health and safety risks . Article 84- 63 . 12 or Chapter 84-63 added by Ordinance No. 90-73 is renumbered and readopted in its entirety as Article 84-63 . 14 . This ordinance would apply to the Heavy Industrial (H-1) , Light Industrial (L-1) and Controlled Manufacturing (W3) Zoning Districts in the unincorporated area, County File ZT 3-96 . Dennis Barry, Community Development Department, presented the history of the proposal . Katherine Kutsuris, Community Development Department, presented the staff report and recommendations . Eleanor Blake, Health Services Department, and staff person to the Hazardous Materials Commission, presented the staff report from the Hazardous Materials Commission. The following members of the Hazardous Materials Commission made a brief presentation on the proposed ordinance on issues including the history, the function, the point assignment and who participated in its development : Tom Lindemuth, 501 Daisy Place, Pleasant Hill; Sabiha Gokcen, 2047 Olympic Drive, Martinez; Marj Leeds, 4721 Pleasant Hill Road East, Martinez . The Board discussed issues . The following persons presented testimony: Tom Adams, 651 Gateway Boulevard #900, South San Francisco, the Building Trades Council; Greg Ferre, 935 Alhambra Avenue, Martinez, Contra Costa Building Trades Council; Del Wilburn, 3216 La Quinta Court, Fairfield, ; Donald R. Brown, 1801 Sonoma Boulevard #117, Vallejo; Craig Andersen, no address given; Dale Robbins, 2727 Alhambra Avenue, Martinez, Teamsters Union 315; Jerry B . King, 47 Covington Drive, Pittsburg, Pipe Trades Association; Mark Nolan, 110 A Street, Concord; Kliff Rose, 2016 Field Street, Antioch, IUPIW; George Torngren, 7141 Butte Court, Antioch; Mike Rydman, 620 Edwards Street, Crockett, IUPIW; Jamie Pruett, 5405 Glenn Avenue, San Pablo; Doyle Williams, 1030 Shary Court, Concord, Plumbers and Steamfitters, Local 34 ; Gerald E. Seever, 2208 Pennsylvania Avenue, Fairfield, Local 102, Millwrights; Salli Spoon, 605 Heald Court, Crockett; Stan Boren, 200 Promenade Lane, Danville, Local 102, Millwrights; Mike Menisini, Martinez; Elin F . Scott, 4287 Thornhill Way, Pittsburg; Warren Gookin, Jr. , 1185 Lincoln Avenue #7, Walnut Creek; Terry Raines, 1325 Corana Place, Walnut Creek; John Hagen, 91 Bonnie Drive, San Pablo; Denny Larson, 500 Howard Street #506, San Francisco, Citizens for a Better Environment; Ron Espinoza, 305 Sunnyslopes Drive, Martinez; Leslie Stewart, 3398 Wren Avenue, Concord, Hazardous Materials Commission; John Sakamoto, 3096 Bernard Avenue, San Ramon, Eichleay Engineers; Herman Welm, P.O. Box 4050, Richmond, Contra Costa Council; Scott Anderson, P.O. Box 1398, Pittsburg, Industrial Association of Contra Costa County; Dan Hall 3640 American River Drive, Sacramento, Wickland Oil Company; Dennis Spaniol, 1003 W. Cutting, Suite 281, Richmond, Council of Industries; Henry Clark, 1019 Macdonald, Richmond; Kathy Adams, P.O. Box 988, Martinez, Industrial Association; Bruce Paltenghi, 611 Las Juntas Street, Martinez, Contra Costa Council; Daniel Cardozo, 651 Gateway Boulevard, South San Francisco, Building Trades Council; All persons desiring to speak having been heard, the public comment period was closed. The Board further discussed issues including the scoring method for proposed projects, ordinance changes, criteria for the Hazardous Substances Information and Training Act, rebuilding a damaged or destroyed facility, sizing of the hazardous material, the definition of development project, the penalty for violation of the ordinance, and exemptions . Supervisor Rogers moved the approval of the ordinance with two changes : the point level to be set ten points lower than it currently is, and the removal of section 84-63 . 604 , number B. Supervisor Torlakson agreed to second the motion if it included having the ten point reduction issue and the other issues heard today referred to the Ad Hoc Committee and the Hazardous Materials Commission, and he also referred any consideration of amendments to this ordinance to the Ad Hoc Committee . Supervisor Rogers concurred. Supervisor DeSaulnier expressed that he could not support the motion. The Board discussed the motion. Supervisor Smith clarified the motion as deleting the section dealing with exemptions on page 6 , Section B, to consider lowering the trigger number by ten points, but to refer the issue to the Ad Hoc Committee, and introduction of the ordinance . Mr. Barry recommended language for the deletion of Section B and the application of the general rule where Section B had been. Supervisor Rogers moved to include Mr. Barry' s recommendation. Victor Westman, County Counsel, clarified that the motion was to introduce the ordinance as amended, waive reading and consider it in one week for adoption. The Board discussed the matter. The vote on the motion was as follows : AYES : Supervisors Rogers and Torlakson NOES : Supervisors Bishop, DeSaulnier and Smith ABSENT: None ABSTAIN: None Supervisor Torlakson moved to adopt the ordinance amending Section B where it refers to fires, put off-site generated fires, and with a modification to the BACT Section, and with all other items as discussed before referred to the Ad Hoc Committee and the Hazardous Materials Commission. Supervisor DeSaulnier indicated he would second the motion with the report to come back to the Board within 60 days with a workplan to address the issues raised today outside the ordinance . Supervisor Torlakson indicated concurrence. Supervisor Smith clarified that the ordinance would come back in one week for adoption. Supervisor Torlakson concurred. The vote on the motion was as follows : AYES : Supervisors DeSaulnier and Torlakson NOES : Supervisors Rogers, Bishop and Smith ABSENT: None ABSTAIN: None Supervisor Smith moved to refer the ordinance as it stands to the Ad Hoc Committee to be discussed along with the Richmond Ordinance and request representatives from the Hazardous Materials Commission and anyone who wishes to attend the Committee meeting and have the ordinance come back to the Board in sixty days with recommendations about modifications . Supervisor Rogers seconded the motion. The vote on the motion was as follows : AYES : Supervisor Rogers and Smith NOES : Supervisors Torlakson, DeSaulnier and Bishop ABSENT: None ABSTAIN: None Supervisor Bishop moved reconsideration of the second motion made by Supervisor Torlakson. Supervisor Torlakson seconded the motion and he restated the motion to adopt the ordinance today with the modification of B to specify off-site generated fires, and that the phrase in the paragraph following that deals with a same level as existing standards only if that is superior to the BACT, and to refer the other issues that have been raised to the Ad Hoc Committee and the Hazardous Materials Commission. Supervisor DeSaulnier seconded the motion. The vote on the motion was as follows : AYES : Supervisors Torlakson, DeSaulnier and Bishop NOES : Supervisors Rogers and Smith ABSENT: None ABSTAIN: None IT IS BY THE BOARD ORDERED that the ordinance requiring land use permit for certain projects involving hazardous waste or hazardous materials, as amended, is INTRODUCED, reading waived, and June 25, 1996, is SET for adoption of same; and the development of a work plan to address the issues and concerns raised today is REFERRED to the Ad Hoc Committee on Industrial Safety and the Hazardous Materials Commission for report to the Board of Supervisors in sixty days . 10 TO. BOARD OF SUP ORS FROM. Leslie Stewart, Chair . Contra Hazardous Materials Commission (HMC) Costa DATE: June 11, 1996 County SUBJECT: Land Use Ordinance for Projects Involving Hazardous Material or Hazardous Waste SPECIFIC REQUEST(S)OR RECObIIYIENDATION(S)do BACKGROUND AND]USMCAIION RECOMMENDATION• The Hazardous Materials Commission recommends that the Board conduct a public hearing on an Ordinance proposed by the Commission which would repeal Chapter 84-63 and add a new Chapter 84-63 in its place. This ordinance sets forth criteria for land use permits for certain projects involving hazardous material or-,-. hazardous waste that give greater emphasis to potential health and safety risks to the community and provide incentives for reducing those risks. At the conclusion, close the,public hearing, waive the reading, and fix June 25, 1996 for adoption of the ordinance. BACKGROUND: The attached transmittal letter from the Hazardous Materials Commission to the Board summarizes the ordinance, describes the history and process of its development, and notes certain issues the Commission would like the Board to consider. FISCAL IMPACT: None. CONTINUED ON ATTACHMENT: YES xx NO 81GNAT R RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNIAT!IRF(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT_____j 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. Contact Person: Elinor Blake (370-5022) CC: Health Services Director ATTESTED Hazardous Materials Commission (via HSD) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY CONTRA COSTA COUNTY HAZARDOUS MATERIALS COMMISSION -' June 11, 1996 Board of Supervisors 651 Pine Street Martinez, CA 94553 Dear Supervisor: On behalf of the Hazardous Materials Commission, I am pleased to forward for your consideration a proposed revision of County Ordinance 86-100, Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material, Chapter 84-63. The revision is a substantial improvement and will promote community health and safety. The Board of Supervisors directed our Commission to develop the ordinance because the earlier version proved unwieldy and did not take into account important information about a planned industrial project that has bearing on the risk, or lack of risk, it might pose to the community. The ordinance also provided businesses with little incentive for improving a planned project's safety. Our Planning Committee, chaired by Tom Lindemuth, has collectively put in well over 1000 volunteer hours to craft a novel, risk-based approach that is protective of health and the environment and workable for both small and large businesses. You will also receive from the Planning Commission a version of our ordinance with two key changes based on recommendations made to the Planning Commission by the Community Development Department (CDD), and incorporated by that Commission. The Hazardous Materials Commission accepted many of CDD's recommendations, but did not accept those two. We are therefore submitting our version for your consideration, without those two amendments. A brief discussion of the issues is on pages two and three of this letter. First, below is a summary of the ordinance and a description of the extensive public outreach and involvement activities we conducted as we wrote the ordinance. How the ordinance will work: At the center of the ordinance is a simple formula that takes into account six common-sense determinants of a planned project's relative safety for those in the surrounding community, as listed below: o Transport method: The way in which hazardous materials and/or hazardous wastes will be transported to and from the project (for example, pipelines are safer than truck transport); o Distance: The distance from the project to non-industrial areas within 3 miles of the project; o Type of non-industrial use within 3 miles: Residential housing, schools, long-term Members:Leslie Stewar4 Chair Pam Aguilar Maria Alegria Scott Anderson Henry Clark Paul De Falco Sabiha Gokcen Richard Hallford Marj Leeds Thomas Lindemuth Mike Shimansky Elinor Blake,Executive Assistant 20 Allen Stree4 Martine.; CA 94553 (510) 370-5022 Far (510) 370-5098 Board of Supervisors Page 2 June 11, 1996 care facilities, and commercial businesses are among those considered; o Amount: The amount of hazardous materials and/or wastes that will be stored as a result of the project; o Hazard cate2o : The degree of hazard the materials and/or wastes present (for example, poisons and explosives pose potentially greater risk than a liquid that is hard to ignite and does not readily evaporate into the air); o Percent of change: The amounts of hazardous materials to be added to the site as a result of the proposed project are compared to the total amounts handled at the facility during the previous 12 months. The revised ordinance works by offering a stronger incentive to business owners and industry managers to design safer projects than does the previous version. New projects involving hazardous materials or hazardous wastes in industrial areas of the County do not necessarily require a land use permit. Under the ordinance being proposed, the formula would be applied to all such projects. A project that scores over a specified amount would be required to apply for a land use permit. The requirements for such a permit can be expensive and time-consuming; the possibility of avoiding these costs will encourage the storage of fewer hazardous materials and wastes that are of lower danger, at further distances from the community and using safer transportation methods. Scenarios to test the formula: The Committee's process was very considered and deliberate. Members prepared several dozens of"new project scenarios" (including actual projects that have come before the Community Development Department) and ran them through the formula, with assistance from Health Services and Community Development Department staff and volunteers. Scenarios were developed and tested throughout the drafting process to help determine and test the reasonableness of the formula and the score below which a land use permit would not be required. Running the scenarios served to highlight and amend language that was ambiguous. The formula was also tested to evaluate its impact on the daily operations of larger facilities. Outreach and public comment: The Committee presented the ordinance at several stages of the draft before a wide variety of interested parties in order to hear comments on the document in progress. The Committee's working sessions and monthly presentations to the full Commission were all public meetings. The Committee presented the draft to the Mayors Conference,the West County Conference of Mayors,the Hercules City Council,the Bay Point and North Richmond Municipal Advisory Councils, the Public Managers Association,various industry associations, the Contra Costa Bar Association Environmental Uw Group,and two public workshops in West County organized by the Commission. When a presentation to the Industrial Association elicited a number of specific concerns by representatives of smaller industrial facilities, the Committee welcomed them into the drafting process. The Public and Environmental Health Advisory Board was kept in touch with progress on the draft through presentations, and reports by the liaison member of that Board and the Hazardous Materials Commission. The draft ordinance was further publicized and comments solicited through feature articles in the Contra Costa Times and the West County Times. In addition,the Commission--with Members:Leslie Stewan, Chair Pam Aguilar Maria Alegna Scott Anderson Henry Clark Paul De Falco Sabiha Gokcen Richard Hallford Marj Leeds Thomas Lindemuth Mike Shimansky Elinor Blake,Executive Assistant 20 Allen Stree4 Martinet CA 94553 (510) 370-5022 Fax (510) 370-5098 Board of Supervisors Page 3 June 11, 1996 help from Contra Costa Television (CCTV) -- made a video about the ordinance that was shown on the station for about a month and made available in libraries throughout the County, as well as through the Health Services Department. As a result, the draft is a consensus document prepared by representatives of small and large facilities, environmental organizations, the general public, and environmental engineers, with input from other representatives of those groups and from CDD and the Health Services Department. Recommendations made by the Community Development Department and incorporated by the Planning Commission: The Committee would like to thank Catherine Kutsuris of the Community Development Department, who participated throughout the drafting process. The Committee was assisted in final improvements to the language by recommendations from CDD staff that made the ordinance more congruent with CDD policies and procedures, so that it would be easier for facility staff and managers to use. The Commission did not, however, accept two of CDD's more substantial recommendations which were subsequently incorporated by the Planning Commission in a version also submitted to the Board. I would like to explain to you our reasons for not accepting them. Recommendation to extend the ordinance's scole of coverage from industrial zones to the entire County: CDD staff expressed two reasons for this recommendation. One is that the ordinance as written would not apply to Planned Unit Districts. The Committee agreed to address that concern by adding a reference to these Districts in the "Applicability" section. The other of CDD's reasons was that under the ordinance, a permit might conceivably be required in industrial-zoned areas but not for the same project in other zoning districts. The Commission regrets that this possibility was not raised earlier. Members are extremely concerned that broadening the coverage to the entire county raises many issues that our Committee has not examined. What types of businesses might then come under the purview of the ordinance that the Committee did not consider? Are the terms of the ordinance appropriate to their situation? Moreover, no outreach other than media reports has been made to non-industrial firms that could be impacted, so they have had no chance for input to the draft, nor are they or their associations prepared for its implementation. We urge the Board to retain the coverage as in the enclosed draft. Recommendation that the calculation for certain proposed projects be reviewed by CDD for the accuracy of their score: CDD believes that implementation of the ordinance will require a number of code interpretations,and that uniformity of its application requires that all projects that are not exempt by virtue of using low quantities of hazardous materials or wastes, or below a specified quantity of lowest-category hazardous materials or wastes, be reviewed by CDD. In this era of regulatory reform and streamlining,the Committee put considerable effort into designing the draft ordinance so that it would be effective with a minimal time and paperwork required of businesses. Most environmental regulations do not require firms Members:Leslie Stewar4 Chair Pam Aguilar Maria Alegria Scott Anderson Henry Clark Paul De Falco Sabiha Gokcen Richard Hallford Marj Leeds Thomas Lindemuth Mike Shimansky Elinor Blake,Executive Assistant 20 Allen Sheep Martinet CA 94553 (510) 370-5022 Far (510) 370-5098 Board of Supervisors Page 4 June 11, 1996 to come to a government agency for review of applicability or calculations, even complex calculations. Such work is normally done in-house. Our Committee's members do not view the ordinance as substantially different in this regard. During our presentations to industry audiences we were given strong support for the ordinance, but repeatedly heard that requiring such review would result in a loss of that support. We therefore rejected this recommendation and, again, urge you to retain the language in the Hazardous Materials Commission proposed ordinance. Lastly,we were glad to receive on referral from the Board the other land use ordinance that addresses industrial maintenance and other issues, and will be providing input shortly to the Ad Hoc Committee. We were gratified to hear Supervisor Smith's statement during that May 21st Board meeting that ordinance and our Commission's ordinance are two separate items that will proceed independently before the Board. Sincerely, ex4kt Lzz.A&S,4b Leslie Stewart, Chair Enclosure cc: Members, Hazardous Materials Commission Jeff Straus, Chair, Planning Commission Catherine Kutsuris, Community Development Department Members Leslie Stewar4 Chair Pam Aguilar Maria Alegria Scott Anderson Henry Clark Paul De Falco Sabiha Gokcen Richard Hallford Marj Leeds Thomas Lindemuth Mike Shimansky Elinor Blake,Executive Assistant 20 Allen Std Martinez, CA 94553 (510) 370-5022 Fax (510) 370-5098 T y DI, ORDINANCE NO. 96- (Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material. in the L-I light industrial, W-3 controlled heavy industrial, and H-1 heavy industrial land use districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86- 100, regulates land use permits for development projects involving hazardous waste or, hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63, as added by this ordinance, sets forth criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 continue to require land use permits for development projects which could significantly and adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 84-63.14. SECTION 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, and 90-73, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION III. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 General 84-63.202 Purpose. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use June 11, 1996 permits for development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.204 Conflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-_ § 3, 86-100.) Article 84-63.4 Definitions 84-63.402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-_ § 3.) 84-63.404 "Baseline Period." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-_, § 3.) 84-63.406 "Change-in-risk project." A "change-in-risk project"•means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-_ § 3.) 84-63.408 "Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-_, § 3.) 84-63.410 "Development project." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. ORD. 96- June 11, 1996 = 2 - (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Storage tanks are not related equipment. (2) Any project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96 § 3, 86-100.) 84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-_ § 3.) 84-63.416 "Facility." "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right- of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-_ § 3.) 84-63.418 "Hazardous material." "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-_ § 3, 86-100.) ORD. 96- June 11, 1996 - 3 - 84-63.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.422 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.424 "Project Description." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located. (b) An area map showing the facility in relationship to the surrounding community; and (c) A description of all significant operations involving hazardous material ORD. 96- June 11, 1996 - 4 - and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (c), above. (Ord. 96-_ § 3.) 84-63.426 "Residential property". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-_ § 3.) 84-63.428 "Sensitive receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School' means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-_ § 3.) 84-63.430 "Store." "Store" means an act to contain hazardous waste or hazardous material for-any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-_ § 3, 91-49, 86-100.) 84-63.432 "Transport." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-_ § 3, 86-100.) Article 84-63.6 Applicability 84-63.602 Applicability. Except as otherwise provided in this chapter, any person proposing a development project in the L-1 light industrial district, the W-3 controlled heavy industrial district, or the H-1 heavy industrial district shall be subject to the provisions of this chapter. In addition, except as otherwise provided in this chapter, any person proposing a development project in a P-1 planned unit district on land designated for industrial use in the general plan shall be subject to the provisions of this chapter. (Ords. 96-_ § 3, 86-100.) ORD. 96- June 11, 1996 - 5 - • • 84-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. (b) If any building, structure or facility is destroyed or damaged by disasters such as earthquakes, floods or fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (BACT) or at least the same level of control that previously existed; (3) The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. ORD. 96- June 11, 1996 - 6 - (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.606 Exemption. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-_ § 3, 86-100.) Article 84-63.8 Standards and Procedures 84-63.802 Application for Applicability Determination: Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material and which has a hazard score of 70 or more shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84- 63.604(c) are not required to submit an application pursuant to this section. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, and transportation routes. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-_ §3, 91-49, 90-92, 86-100.) ORD. 96- June 11, 1996 - 7 - 84-63.804 Application Review Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96-_ § 3, 90-92.) 84-63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score between 70 and 79, inclusive, the Community Development Director shall issue a determination of non-coverage. A determination of non-coverage means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. (Ord. 96-_ § 3.) 84-63.808 Determinations - Public Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-_ § 3, 91-49, 90-92, 86-100.) 84-63.810 Determinations - Further Public Notice. For projects with a point assignment between 70 and 79, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-_ § 3, 91-49, 90-92.) 84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. ORD. 96- June 11, 1996 - 8 - Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-_ § 3, 86-100.) Article 84-63.10 Land Use Permits - When Required 84-63.1002 Hazard Score; Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 or more pursuant to the formula set forth in section 84-63.1004, subject to the provisions of this article. (96-_ § 3.) 84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: I(T + C + P) xHI + D + A; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. ORD. 96- June 11, 1996 - 9 - • • (b) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7, Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK Distance of project from receptor (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 >1200 - 1500 feet 24 ORD. 96- June 11, 1996 - 10 - >1500 - 1800 feet 23 >1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600 feet 6 >8600 - 10,000 feet 5 >10,000 - 11,000 feet 4 >11,000 - 12500 feet 3 >12,500 - 14,000 feet 2 >14,000 - 16,000 feet 1 ORD. 96- June 11, 1996 - 11 Type of receptor (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK: SIZE OF PROJECT Total Amount of change, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 >18,000 - 32,000 28 >10,000 - 18,000 27 >6,000 - 10,000 26 >4,000 - 6,000 25 >2,100 - 4,000 24 >1,200 - 21100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 >150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 ORD. 96- June 11, 1996 - 12 - >10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 >1 - 2 10 <_1 1 no change 0 Percent Change (P) New 6 >200% 5 >100% - 200% 4 >50% - 100% 3 >10% - 50% 2 >1% - 10% 1 0% - 1% 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 (c) Credit for reductions or projects to be closed. A development project that would have a hazard score of 80 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will ORD. 96- June 11, 1996 - 13 - concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior-to the date of application, during which period the production schedule has been reflective of a normal production schedule; (2) The project to be closed or reduced is the direct result of the proposed development project; (3) The project to be closed or reduced has a higher hazard score than the proposed development project; (4) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (5) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of.credit afforded for a project closure or reduction shall be reported to the.Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (d) Closure, reduction required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-_ § 3.) ORD. 96- June 11, 1996 - 14 - • 84-63.1006 Determination of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not.traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-_ § 3.) 84-63.1008 Determination of Community Risk - Distance to Receptor. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-_ § 3.) 84-63.1010 Determination of Community Risk - Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-_ § 3.) 84-63.1012 Determination of Project Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to ,_determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004., The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or ORD. 96- June 11, 1996 - 15 - hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-_ § 3.) 84-63.1014 Determination of Proiect Risk - Percent Change. The percent change of a development project shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. (Ord. 96-_ § 3.) 84-63.1016 Determination of Hazard Category. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as, either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. ORD. 96- June 11, 1996 - 16 - ` • (b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Categories. Hazard Category A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group I Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. ORD. 96- June 11, 1996 - 17 - 0 • VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. ORD. 96- June 11, 1996 - 18 - XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-_ § 3.) Article 84-63.1.2 Land Use and Variance Permits 84-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96_ § 3, 86-100.) Article 84-63.14 Offsite Hazardous Waste. Facility Compliance With County Hazardous Waste Management Plan 84-63.1402 Authority. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-_ § 3, 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource ORD. 96- June 11, 1996 - 19 - recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-_ § 3, 90-73.) 84-63.1406 County Hazardous Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-_ § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. " (Ords. 96-_ § 3; 90-73.) SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8 and 84-63.10 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.12 of Chapter 84-63 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption and renumbering as Article 84-63.14 by Section III of this ordinance, are not intended to have any effect other than the renumbering of said provisions. SECTION V. SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ORD. 96- June 11, 1996 - 20 - 1 ! P ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.31.861-611.96p [SEAL] ORD. 96- June 11, 1996 - 21 - I DRAFT incorporating May 28, 1996 Planning Commission amendments ORDINANCE NO. 96- (Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material in the L-I light industrial, W-3 controlled heavy industrial, and H-1 heavy industrial land use districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86- 100, regulates land use permits for development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63, as added by this ordinance, sets forth criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 continue to require land use permits for development projects which could significantly and adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 84-63.14. SECTION 11. Chapter 84-63 of the County Ordinance Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, and 90-73, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION 111. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 General 84-63.202 Pumose. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging June 4, 1996 DRAFT incorporating May 28, 1996 Planning Commission amendments businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.204 Conflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-^ § 3, 86-100.) Article 84-63.4 Definitions 84-63.402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-_ § 3.) 84-63.404 "Baseline Period." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-_, § 3.) 84-63.406 "Change-in-riskproject." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96 § 3.) 84-63.408 "Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96 § 3.) 84-63.410 "Developmentyoiect." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. ORD. 96- June 4, 1996 .2 - DRAFT incorporating May 28, 1996 Planning Commission amendments 84-63.418 "Hazardous material." "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-_ § 3, 86-100.) 84-63.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. . (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.422 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.424 "Project Description." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the ORD. 96- June 4, 1996 .4 - DRAFT incorporating May 28, 1996 Planning Commission amendments purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located. (b) An area map showing the facility in relationship to the surrounding community; and (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (c), above. (Ord. 96-_ § 3.) 84-63.426 "Residential property". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-_ § 3.) 84-63.428 "Sensitive receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-_ § 3.) 84-63.430 "Store." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-_ § 3, 91-49, 86-100.) 84-63.432 'Transport." 'Transport" or "transportation" means an act to move hazardous waste or hazardous material,by truck, rail, ship or pipeline. (Ords. 96-_ § 3, 86-100.) ORD. 96- June 4, 1996 . 5 - DRAFT incorporating May 28, 1996 Planning Commission amendments Article 84-63.6 Applicability 84-63.602 Applicability. Except as otherwise provided in this chapter, any person proposing a development project which might otherwise be allowed in any zoning district shall be subject to the provisions of this chapter. (Ords. 96-_ § 3, 86-100.) 84-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. (b) If any building, structure or facility is destroyed or damaged by disasters such as earthquakes, floods or fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (SACT) or at least the same level of control that previously existed; (3) The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and ORD. 96- June 4, 1996 -6 - ` AFT incorporating May 28, 1996 PlannItCommission amendments � B Y (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage Hazard Category 6 materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category S materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96 § 3, 90-92, 86-100.) 84-63.606 Exemption. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-` § 3, 86-100.) Article 84-63.8 Standards and Procedures 84-63.802 AQplication for Applicability Determination: Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84- 63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84- ORD. 96- June 4, 1996 -7 - Commission SFT incorporating May 28, 1996 PIanngtamendments 63.606. Projects exempt under section 84-63.604(c) are not required to submit an application pursuant to this section. The application shall include all information necessary to complete and verify the hazard score of the project, such as chemical identification, distances to nearest receptors, and transportation routes. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-_ §3, 91-49, 90-92, 86-100.) 84-63.804 Application, Review, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96 § 3, 90-92.) 84-63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score up to and including 79 or that the project is exempt pursuant to section 84-63.604 or 84-63.606, the Community Development Director shall issue a determination of non-coverage or exemption. A determination of non- coverage for projects with a hazard score between 70 and 79, inclusive, means that the project is not subject to the requirements of article 84-63.10, but is subject to sections 84-63.808 and 84-63.810. Projects with a hazard score below 69 and projects which are exempt pursuant to sections 84-63.604 and 84-63.606 are not subject to the requirements of sections 84-63.808 and 84-63.810. (Ord. 96-_ § 3.) 84-63.808 Determinations - Public Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-_ § 3, 91-49, 90-92, 86-100.) 84-63.810 Determinations - Further Public Notice. For projects with a point assignment between 70 and 79, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The ORD. 96- June 4, 1996 - 8 - DRAFT incorporating May 28, 1996 Planning Commission amendments notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. (Ords. 96-_ § 3, 91-49, 90-92.) 84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-_ § 3, 86-100.) Article 84-63.10 Land Use Permits - When Required 84-63.1002 Hazard Score: Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 or more pursuant to the formula set forth in section 84-63.1004, subject to the provisions of this article. (96-_ § 3•) 84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: [(T + C + P) x H] + D + A; where the following symbols have the following designations: "T" refers to the point assignment for 'Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; ORD. 96- June 4, 1996 - 9 - AT Incorporating May 28, 1996 Plannify Commission amendments "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; "P" refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and "H" refers to the point assignment for "Hazard Category of Material or Waste." If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (b) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK ORD. 96- June 4, 1996 - 10 - DC Incorporating May 28 1996 Planning Commission amendments � 9 Y 9 Distance of project from receptor (D): 0-300 feet 30 >300 - 400 feet 29 >400 - 550 feet 28 >550 - 700 feet 27 >700 - 900 feet 26 >900 - 1200 feet 25 >1200 - 1500 feet 24 >1500 - 1800 feet 23 >1800 - 2100 feet 22 >2100 - 2500 feet 21 >2500 - 2800 feet 20 >2800 - 3200 feet 19 >3200 - 3500 feet 18 >3500 - 3800 feet 17 >3800 - 4000 feet 16 >4000 - 4200 feet 15 >4200 - 4500 feet 14 >4500 - 4800 feet 13 >4800 - 5400 feet 12 >5400 - 5700 feet 11 ORD. 96- June 4,1996 - - • DRAFT incorporating May 28, 1996 Planning Commission amendments >5700 - 6000 feet 10 >6000 - 6500 feet 9 >6500 - 7300 feet 8 >7300 - 8000 feet 7 >8000 - 8600.feet 6 >8600 - 10,000 feet 5 >10,000 - 11,000 feet 4 >1 1,000 - 12500 feet 3 >12,500 - 14,000 feet 2 >14,000 - 16,000 feet 1 Type of receptor (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK: SIZE OF PROJECT Total Amount of change, tons (Conversion to tons; 1 ton = 2000 pounds) (A): >40,000 30 >32,000 - 40,000 29 >18,000 - 32,000 28 >10,000 - 18,000 27 >6,000 - 10,000 26 ORD. 96- June 4, 1996 - 12 - DRAFT incorporating May 28, 1996 Planning Commission amendments >4,000 - 6,000 25 >2,100 - 4,000 24 >1,200 - 2,100 23 >750 - 1,200 22 >400 - 750 21 >200 - 400 20 >150 - 200 19 >90 -150 18 >50 - 90 17 >30 - 50 16 >20 - 30 15 >10 - 20 14 >6 - 10 13 >4 - 6 12 >2 - 4 11 >1 - 2 10 >0.8 - 1 9 >0.5 - 0.8 8 >0.35 - 0.5 7 >0.25 - 0.35 6 >0.20 - 0.25 5 >0.18 - 0.20 4 ORD. 96- June 4, 1996 - 13 . MAFT incorporating May 28, 1996 Planning Commission amendments >0.14 - 0.18 3 >0.12 - 0.14 2 >0.10 - 0.12 1 no change (0.10 or less) 0 Percent Change (P) New 6 >200% 5 >100% - 200% 4 >50% - 100% 3 >10% - 50% 2 >1% - 10% 1 0% - l% 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category 6 3 Category C 1 (c) Credit for reductions orproiects to be closed. A development project that would have a hazard score of 80 or more as determined by the formula in this section shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which ORD. 96- June 4, 1996 - 14 - DST incorporating May 28, 1996 Planninn Commission amendments period the production schedule has been reflective of a normal production schedule; (2) The project to be closed or reduced is the direct result of the proposed development project; (3) The project to be closed or reduced has a higher hazard score than the proposed development project; (4) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (5) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (d) Closure, reduction required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. (96-_ § 3.) 84-63.1006 Determination of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each ORD. 96- June 4, 1996 - 15 - D'OFT Incorporating May 28, 1996 PlannitCommission amendments 9 Y 9 mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-_ § 3.) 84-63.1008 Determination of Community Risk - Distance to Receptor. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-_ § 3.) 84-63.1010 Determination of Community Risk - Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-_ § 3.) 84-63.1012 Determination of Project Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. ORD. 96- June 4, 1996 - 16 - DRAFT incorporating May 26, 1996 Planning Commission amendments The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96-_ § 3.) 84-63.1014 Determination of Project Risk - Percent Change. The percent change of a development project shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. (Ord. 96-_ § 3.) 84-63.1016 Determination of Hazard Category. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the.hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. ORD. 96- June 4, 1996 - 1 7- DRAFT Incorporating May 28 1996 Planning Commission amendments � 8 Y � (b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Categories. Hazard Category A Materials I. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). III. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group I Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 (applies to all hazard zones). ORD. 96- June 4, 1996 . 18 - DRIFT Incorporating May 28, 1996 Plannin•Commission amendments � 9 Y B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group 11 Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group 11 is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group 1 or 11 Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids Class 3 Packing Group III as defined in 49 CFR 173.120(b). ORD. 96- June 4, 1996 - 19 - - AFT Incorporating May 28, 1996 Planno Commission amendments XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-_ § 3.) Article 84-63.12 Land Use and Variance Permits 84-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96_ § 3, 86-100.) Article 84-63.14 Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan 84-63.1402 Author . This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-_ § 3, 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. ORD. 96- June 4; 1996 -20 - r AT incorporating May 28, 1996 Pianninn commission amendments (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-_ § 3, 90-73.) 84-63.1406 County Hazardous Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-_ § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-_ § 3, 90-73.) SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8 and 84-63.10 of Chapter 84-63 by Section If of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.12 of Chapter 84-63 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption and renumbering as Article 84-63.14 by Section III of this ordinance, are not intended to have any effect other than the renumbering of said provisions. ORD. 96- June 4, 1996 -21 - D41FT incorporating May 28, 1996 Plannf Commission amendments SECTION V. SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.25.861.64.96p [SEAL] ORD. 96- June 4, 1996 -22 - Section 84-63.802 (Application for Applicability Determination; Exemption) - (ADDED LANGUAGE) - If the hazard score of a project is 69 or less and the project does not increase the amount of hazardous waste or hazardous materials handled as compared to the baseline of the last three years, a determination of non-coverage is not required. DRAFT showinc^endments recommended by Planning Commission on May 28, 1996 ORDINANCE NO. 96- (Land Use Permits for Development Projects Involving Hazardous Waste or Hazardous Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. The County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous material in the L-I light industrial, W-3 controlled heavy industrial, and H-1 heavy industrial land use districts. County Ordinance Code Chapter 84-63, added by Ordinance No. 86- 100, regulates land use permits for development projects involving hazardous waste or hazardous material. This ordinance repeals Chapter 84-63, and adds a new Chapter 84-63 in its place. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of Chapter 84-63, as added by this ordinance, sets forth criteria for land use permits for development projects involving hazardous waste or hazardous material which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community. Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8, 84-63.10 and 84-63.12 of new Chapter 84-63 continue to require land use permits for development projects which could significantly and adversely affect public health, safety and the environment. Article 84-63.12 of Chapter 84-63, added by Ordinance No. 90-73, is renumbered and readopted in its entirety as Article 84-63.14. SECTION II. Chapter 84-63 of the County Ordinance. Code, added by Ordinance No. 86-100 and amended by Ordinances Nos. 91-49, 90-92, and 90-73, is repealed in its entirety, and is replaced by new Chapter 84-63, added by Section III of this ordinance. SECTION Ill. Chapter 84-63 is added to the County Ordinance Code, to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL Article 84-63.2 General 8463.202 Purpose. The purpose of this chapter is to promote the health, safety and general welfare of residents and persons in the County by encouraging businesses and other entities, in planning and developing projects involving hazardous material or hazardous waste, to consider factors which involve potential June 4, 1996 DRAFT showingsendments recommended by Planning Commission on May 28, 1996 health and safety risks to the surrounding community, and by requiring land use permits for development projects which could significantly and adversely affect public health, safety and the environment. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.204 Conflict. This chapter is not intended, and should not be deemed, to prevent or preempt compliance with federal or state laws, regulations, rules or orders, or to excuse compliance with any other County ordinance, including other requirements of this code. (Ords. 96-_ § 3, 86-100.) Article 84-63.4 Definitions 84-63.402 General. As used in this chapter, the words and phrases defined in this article shall have the meanings given unless the context otherwise requires. (Ord. 96-_ § 3.) 84-63.404 "Baseline Period." "Baseline period" means the consecutive twelve month period of time during which activity is measured for purposes of this chapter. The baseline period shall be any twelve consecutive month period within five years of the date of the submittal of the application that is reflective of a normal year of operation. (Ord. 96-_, § 3.) 84-63.406 "Change-in-risk project." A "change-in-risk project" means a new use of an existing building, structure, or facility, not involving construction other than minor alterations, which use will involve a hazardous material or hazardous waste in a higher hazard category and which use will result in a hazard score higher than the hazard score of the previous use. (Ord. 96-_ § 3.) 84-63.408 "Commercial property." "Commercial property" means all properties with a commercial designation in the general plan including but not limited to the following: regional commercial, airport commercial, office, and business park. (Ord. 96-_, § 3.) 84-63.410 "Development project." (a) A "development project" means a new permanent building, structure or facility to be constructed that will manage hazardous materials or hazardous waste, or a permanent change-in-risk project. As used in this section, "permanent" when used to describe a building, structure, or facility, or the new use of an existing building, structure, or facility ORD. 96- June 4, 1996 - 2 - DRAFT showingisendments recommended by Planning Commission on May 28, 1996 (change-in-risk project) means that the building, structure, facility or use is intended to be in operation for more than six months. (b) A "development project" does not include: (1) Pipelines and related equipment more than 300 feet from commercial or residential property. Storage tanks are not related equipment. (2) Any project consisting only of maintenance, repair, and replacement or minor modification of existing equipment provided the storage design capacity is not increased and the hazard category of hazardous material or hazardous waste handled is not increased. (3) Any transportable treatment unit that has obtained all required permits and is used solely for site remediation or waste treatment purposes. (4) Any project for which permit applications have been deemed complete on or before the effective date of this chapter by the Bay Area Air Quality Management District or other government agency with jurisdiction over the project. The proponent of a project described by subsection (4) of subdivision (b) of this section may elect to be subject to the requirements of this chapter in lieu of any requirements in effect prior to the effective date of this chapter. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.412 "Dispose." "Dispose" means to discharge, deposit, inject, dump, or place any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (Ords. 96-_ § 3, 86-100.) 84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other similar types of apparatus. (Ord. 96-_ § 3.) 84-63.416 "Facility." "Facility" means a group of buildings, structures, or units with the same purpose on contiguous parcels (including parcels separated by a right- of-way, as defined in section 1002-2.002 of this Code) under common ownership or control. (Ord. 96-_ § 3.) 84-63.418 "Hazardous material." "Hazardous material' means any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the ORD. 96- June 4, 1996 - 3 - • DRAFT showingoendments recommended by Planning Commission on May 28, 1996 environment if released into the workplace or the environment, and includes any material that is listed in the Code of Federal Regulations, Title 49, Section 172.101 (Hazardous Materials Table), as amended from time to time. (96-_ § 3, 86-100.) 84-63.420 "Hazardous waste." "Hazardous waste" means any substance which is regulated as a hazardous waste by the California Department of Health Services under 22 California Administrative Code, Division 4, Chapter 30, or defined as a hazardous waste under Health & Safety Code section 25117, generally as follows: (a) "Hazardous waste" means either of the following: (1) A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristic may either: (A) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness. (B) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (2) A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Toxic Substance Control pursuant to the Health & Safety Code section 25141. (b) "Hazardous waste" includes, but is not limited to, federal Resource Conservation and Recover Act ("RCRA") hazardous waste, extremely hazardous waste and acutely hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.422 "Manage." "Manage" means to generate, treat, store, transport, use or dispose of hazardous material or hazardous waste. (Ords. 96-_ § 3, 86-100.) 84-63.424 "Protect Description." "Project description" means a written description and explanation of the construction and operation of a development project. A project description shall address all phases of and for the life of the project. The project description shall include the following information as well as any other information deemed necessary by the Community Development Director for the purpose of determining the hazard score: (a) A description of the facility location with respect to major freeways and immediate neighbors, and the size (in square footage or acreage) of the property on which the facility is located. ORD. 96- June 4, 1996 - 4 - • DRAFT showingwendments recommended by Planning Commission on May 28, 1996 (b) An area map showing the facility in relationship to the surrounding community; and (c) A description of all significant operations involving hazardous material and/or hazardous waste currently being managed, and/or proposed to be managed, including a brief general history of the facility. The Community Development Director may waive the requirement of submitting any or all of the information required by paragraphs (a) through (c), above. (Ord. 96-_ § 3.) 84-63.426 "Residential property". "Residential property" means all properties with a residential designation in the general plan, including but not limited to the following: single family residential, multiple family residential, and mobile homes. (Ord. 96-_ § 3.) 84-63.428 "Sensitive receptor." The term "sensitive receptor" includes schools, general acute care hospitals, long-term health care facilities, licensed child day care facilities, and similarly less-mobile populations, and detention facilities including jails, youth camps and other locked facilities. These facilities have more than twelve people. For the purposes of this section, "general acute care hospital" has the meaning set forth in Health and Safety Code section 1250(a), "long term health care facility" has the meaning set forth in Health and Safety Code section 1418(a), and "child day care facility" has the meaning set forth in Health and Safety Code section 1596.750. "School" means any school used for the purpose of the education of more than 12 children in kindergarten or any grades 1 to 12, inclusive. (Ord. 96-_ § 3.) 84-63.430 "Store." "Store" means an act to contain hazardous waste or hazardous material for any period of time in such a manner as not to constitute disposal of such hazardous waste or hazardous material. (Ords. 96-_ § 3, 91-49, 86-100.) 84-63.432 "Transport." "Transport" or "transportation" means an act to move hazardous waste or hazardous material by truck, rail, ship or pipeline. (Ords. 96-_ § 3, 86-100.) Article 84-63.6 Applicability/ 84-63.602 Applicability. Except as otherwise provided in this chapter, any person proposing a development project in the L i lighFriRdUB+rial diStFiGt the W 3 > tlt ORD. 96- June 4, 1996 - 5 - • DRAFT showinJILendments recommended by Planning Commission on May 28, 1996 : 2c .,. str"�t shall be subject to the provisions of this ............: . .......... ....... ....... J chapter. , use in the geneFal plan shall be subjeet to the PFOViSieAS ef this GhapteF. (Ords. 96-_ § 3, 86-100.) 84-63.604 Exemptions. The following projects and structures are exempt from the provisions of this chapter: (a) Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. (b) If any building, structure or facility is destroyed or damaged by disasters such as earthquakes, floods or fires, or an act of god or the public enemy, the building, facility or structure may be rebuilt under the following conditions: (1) The rebuilt project is used for the same purpose as the destroyed damaged project; (2) The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including Best Available Control Technology (SACT) or at least the same level of control that previously existed; (3) The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new); (4) The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project; (5) Construction is commenced within one year unless an extension is granted by the Community Development Director; (6) The rebuilt project is at least 300 feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and (7) The rebuilt project will not manage Hazard Category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, ORD. 96- June 4, 1996 - 6 - DRAFT showingsendments recommended by Planning Commission on May 28, 1996 will not manage Hazard Category B materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project, and will not manage Hazard Category C materials in quantities greater than 10% more than the amount managed by the destroyed or damaged project. (c) A development project in which both the size, as defined in section 84- 63.1012 and the monthly transportation quantity are less than: (1) for Hazard Category C materials - 4000 tons (2) for Hazard Category B materials - 5 tons (3) for Hazard Category A materials - the quantity specified as the Threshold Planning Quantity on the Extremely Hazardous Materials List (Appendix A to 40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or 500 pounds, whichever is less. (Ords. 96-_ § 3, 90-92, 86-100.) 84-63.606 Exemption. On the effective date of this chapter, any proposed development project which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material including, but not limited to, permits or authorizations under the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.), Health and Safety Code Chapter 6.5 (§ 25100 et seq.), Hazardous Waste Control, Health and Safety Code Chapter 6.7 (§ 25280 et seq.), Underground Storage of Hazardous Substances, Health and Safety Code Chapter 3.5 (§39650 et seq.), Toxic Air Contaminants, and Food and Agriculture Code Section 14021 et seq., and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq.) shall be exempt from the requirements of this chapter. (Ords. 96-_ § 3, 86-100.) Article 84-63.8 Standards and Procedures 84-63.802 Application for Applicability Determination; Exemption. Any person proposing a development project which may be used to manage hazardous waste or hazardous material shall apply to the Community Development Director for review and a determination whether a land use permit may be required under Article 84-63.10 or whether the project is exempt under section 84-63.604(a) or (b) or 84-63.606. Projects exempt under section 84- 63.604(8) are not required to submit an application pursuant to this section. The application shall include all information necessary to complete and verify ORD. 96- June 4, 1996 - 7 - DRAFT showingsendments recommended by Planning Commission on May 28, 1996 the hazard score of the project, such as chemical identification, distances to nearest receptors, and transportation routes. The application shall be accompanied by all fees established by the Board of Supervisors. (Ords. 96-_ §3, 91-49, 90-92, 86-100.) 84-63.804 Application, Review, Determination. No later than ten calendar days after receipt of an application, or the submittal of additional information, the Community Development Director shall inform the applicant in writing that the application is complete or shall inform the applicant what additional information is required. Within twenty calendar days of the application being deemed complete, the Community Development Director shall issue a written determination of non-coverage pursuant to section 84-63.806, an exemption pursuant to section 84-63.604(a) or (b) or 84-63.606, or a determination that a land use permit is required pursuant to section 84-63.1002. (Ords. 96 § 3, 90-92.) 84-63.806 Determination of non-coverage. Upon determining that a proposed project has a hazard score u°'< otl%intiudi >ar ....................................................................... #hit the pr+jeGt S x mpt p€ rsu nt.6A eclJo 84 63 �r$ ;. the Community .... .... .. Development Director shall issue a determination of non-coverage ? X t PI.M.-. A :< determination of non-coverage € 'rv' ::: <.>}ivit ' h:..aid : "` `:irn nd 9 € means that the project is not subject to the requirements of article 84- 63.10, but is subject to sections 84-63.808 and 84-63.810. ............................................................... ........................................................................................................................................................................................................................................... acr befo>" 69btshi1 <at`i.a<:. u ;:< ' ' ;'6:> '.`. d . .p:. . .:.. p .....:.:.rao.seb©n 83 . 4 an .......... . . 8 - 3 50e::rct:: kje+ #ot reren #::seciats t= <88t +d. 4 10 ... .. ....... . . ..... (Ord. 96-_ § 3.) 84-63.808 Determinations - Public Notice. All determinations of non-coverage made pursuant to section 84-63.806 shall be summarized on an agenda of the County Zoning Administrator within ten calendar days of issuance of the determination. (Ords. 96-_ § 3, 91-49, 90-92, 86-100.) 84-63.810 Determinations - Further Public Notice. For projects with a point assignment between 70 and 79, inclusive, within five working days of issuing a determination of non-coverage, the Community Development Director shall mail notice on the date of the determination to all organizations and individuals who have previously submitted a written request for such notice. The Community Development Director shall publish a four-inch by six-inch advertisement in a newspaper of general circulation within ten calendar days of issuing a determination of non-coverage. The notices required by this section shall state the name of the applicant, briefly describe the project, provide the names and phone numbers of a representative of the Community Development Department and a representative of the applicant who will be available to answer questions about the project, and shall state the date by which an appeal must be filed. ORD. 96- June 4, 1996 - 8 - DRAFT showinAnendments recommended by Planning Commission on May 28, 1996 (Ords. 96-_ § 3, 91-49, 90-92.) 84-63.812 Appeals. Any appeal of a determination of non-coverage shall be filed within ten calendar days of the date the determination is listed on the Zoning Administrator's agenda or ten calendar days from the date of publication pursuant to section 84-63.810, whichever provides the longer period of appeal. Appeals from a determination of non-coverage shall be heard by the Board of Supervisors. Except as expressly provided in this section, appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2.24 and are subject to the provisions of article 26-2.30. (Ords. 96-_ § 3, 86-100.) Article 84-63.10 Land Use Permits - When Required 84-63.1002 Hazard Score: Permit Required. Unless otherwise exempt from the requirements of this chapter, a land use permit shall be required for a development project proposed for the management of hazardous material and/or hazardous waste if the development project obtains a hazard score of 80 or more pursuant to the formula set forth in section 84-63.1004, subject to the provisions of this article. (96-_ § 3.) 84-63.1004 Hazard Score. (a) Formula. The hazard score of a proposed development project shall be determined pursuant to the following formula: [(T + C + %) xH] + D + A; where the following symbols have the following designations: "T" refers to the point assignment for "Transportation Risk"; "D" refers to the point assignment for "Community Risk - Distance from Receptor"; "C" refers to the point assignment for "Community Risk - Type of Receptor"; "A" refers to the point assignment for "Facility Risk - Size of Project - Total Amount"; refers to the point assignment for "Facility Risk - Size of Project - Percent Change"; and ORD. 96- June 4, 1996 - 9 - DRAFT showingeendments recommended by Planning Commission on May 28, 1996 "H" refers to the point assignment for "Hazard Category of Material or Waste." If more than one category of hazardous material or hazardous waste is used, the formula set forth in this section will be used to calculate a separate score for each material category. The material hazard category which results in the highest hazard score for the project will be used. (b) Point Assignment. The factors set forth in subdivision (a), above, shall have the following point assignments: TRANSPORTATION RISK (T) POINTS Truck - residential/commercial 10 (>25% increase or new) Truck - residential/commercial 9 (>5 - 25 % increase) Truck - Industrial (>25% increase or new) 8 Truck - Industrial (>5 - 25% increase) 7 Rail - (>25% increase or new) 6 Rail - (>5 - 25% increase) 5 Ship - (>5% increase) 3 Pipeline - (>5% increase) 1 0 - 5% increase 0 COMMUNITY RISK Distance of project from receptor (D): 0-30vcfeet 3-0 >300 1900 feet 26 >1000 3009eet 20 >30005280 f�T;-mile) 12 ORD. 96- June 4, 1996 - 10 - • DRAFT showing4kendments recommended by Planning Commission on May 28, 1996 >2 m6les 3 Fn*le-s L..... ... ...... jq .. 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St .. :.: £ l #� .>: .. ..... .. . 1 : <: 36Q0 :. 8 >'> < > > > > > `7 '1.7 Bfl .;. :4 £IJ:feed. 5 -.4011 fe .. .. 1 <:<.;;::.::..::::::.:::::::::..::.::.:.:.::.:......::.::::::::::::.:...:::::::.::..: 13 t� � fe ....: 14 ORD. 96- June 4, 1996 - 11 - DRAFT showingeendments recommended by Planning Commission on May 28, 1996 feet:..:::.::::.:::::.:::::::.:::::::::::::::::::::::::::::::::::::::::::: ::...:::::::. :..::.::: ::::::::::::.::.::.::.::. 00tI feet 7 6340 feet .:;:...::::>:: ....;::<............;:.:.. .............:.::..........;:.::::::::::::::.::.;::::::::::::: �'' ,{ ® - 1' x 0 felt .... _ _ _ 4 ' ,00Q 'Iti3 ... .. ..... ...... . ........ . ... . ....... 42 5 00:::::.1 000 fejt ::::: ::::::::::::::: .:::.: 4,00.0 ' Type of receptor (C): Sensitive receptor 7 Residential Property 5 Commercial Property 4 FACILITY RISK: SIZE OF PROJECT Total Amount of changetri (Conversion to tons; 1 ton = 2000 pounds) (A): 49,900 tQns 3 >4,000 40,000 tens 25 >200 4000 tGR6 20 >26 2200 tens 15 1 25tGR6 I n 1 tGR ORD. 96- June 4, 1996 - 1 2 - . 9 DRAFT show!ngGendments recommended by Planning Commission on May 28, 1996 }, � .......... ........ ......... _ a4 ... ......... ......... ......... ......... ........... ... .,.0 7.:::::::::::: :::::::::::::::: :::::::::::::::::::::.::::::::::::::::::::..:..*:: :::::::::::::::::::::::: ::::::::::::::: ::::::::::. 8 ::::::::::::: ::::::::_::.:::::::::::::::::.::::::::::::::::::::.::::::::::::::::::.:.::::::::::::::::::::::: :::::::,::::::::::.:.::::::::::::::::.:::::::::::::::::::::::.: . :: : :::::::::::: ::::x:::::::::. : :::::::::::.:::: ::::.:::::: ::::.::::::::::::.;::::::::::::::::::::::::::::::: :::::.::.:: ::::::::::: : : ::.;..:....::: : .. .<.>.:.::.::.:::::.<.;:.::.::.;:.::.::.::.:<. ;:.::.;:.::.::.::.;:<.::.::.:::............>;:.;;;:.;:.::.;:.::.::.;:.;>::.;:.;:.:::.....;:.;:............:::::::.;:;.;;:<. . 4().:i:::.1..3 l# :::::::::::::::::::::::::::.:.::::. :::. :::::::::::::::.... :::::.::::::::::.::.::::::::::. .:::i... :::::::::::::::::::: . i ,;"",9":.:.:i.<gM1�:M a.! .':.::::::i:::::.::::.: :.i:.:i::,h..':.,::.:::ii:iiii.:... ..:2� :::2....:::.:.:.: *,��!v.. ::::::i:::::...:.:::::::::::::::::::::::::::::::::: ::::�:::::�::::::::::�::::::: i:::::::::i::::::::i::y`:i:: ::::::::i:::::::: :": :::::::i::::::::i::i::::i::: :::::::::i::i::::::::......::��....:.....::'...... . .:�. �:.:::4 0 ::.::::::::::::::::::::::::::::::::::::::::::::::.:�:::::::::::::::::::::::::::.:::::::::::::::::::::::.::::::.....::::::::".....�:::::::::::::.:::::::::: isi::.::�:::::::::::::::.:::::.:.:::::::::::::::::::::::,%.::::::..�::.::�::::.::::::::::.�::.::::::::::::::::::::::::::.:::::::::......::::::::......:::::::...::.::::.�:::::::::.::::::::.�::......:::.:: .....:...................... ::::........................................................................................................................................................................... ..: ':1T:i::::':::::: J i:::::::i::::�::::::::::::::' :::: :: ::::::::}<;<v:: ;::i:::i<<L:::::}i::::y:;<i::i:':::::::::i+....i:'::::::>/.;:;:i::::::::::::ii: >.+ ::: :::::::::::vi;;+......:::::::::::::::::::�:i.: 3'� ��Q::::::.�'.�.��:::::.;:.;:.::.;:.;::.:..:::::::.;:.;:.;:.;:.::::::::::::::::.;;:.:::::::::::..::::.:::::::::::;::::::::::::::.::.::::::::::::::::::.:::::::::::::::;:.:::::::::: :::. . ::::::::::::::::.::::.:::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::.:::::::::::.::::::::..:::::::::::::::::::::::""""::: . ::::::.:::::::: ........ ....; 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Percent Change (.P%) New 6 >200% 5 >100% - 200% 4 >50% - 100% 3 >10% - 50% 2 >1% - 10% 1 0% - 1% 0 HAZARD CATEGORY OF MATERIAL (H) Category A 5 Category B 3 Category C 1 (c) Credit for reductions or projects to be closed. A development project that would have a hazard score of 80 or more as determined by the formula in this section ORD. 96- June 4, 1996 - 14 - DRAFT showingsendments recommended by Planning Commission on May 28, 1996 shall be entitled to a reduction credit for project closures and/or reductions in accordance with the criteria set forth in this subdivision. Reduction credit shall be given if the Community Development Director determines that the applicant will concurrently close another project or reduce its operations and finds that all of the following criteria are met: (1) The project to be closed or reduced is currently in operation and has been in operation for at least three years prior to the date of application, during which period the production schedule has been reflective of a normal production schedule; (2) The project to be closed or reduced is the direct result of the proposed development project; (3) The project to be closed or reduced has a higher hazard score than the proposed development project; (4) The hazard category of the material or waste in the development project will be no greater than the hazard category of the material or waste in the project to be closed or reduced; and (5) The development project will be more than 300 feet from the property line of the nearest residential property or sensitive receptor. The hazard score for the project to be closed shall also be determined by the formula set forth in subdivisions (a) and (b) of this section and pursuant to the provisions of this article. In determining the hazard score for the project to be closed or reduced, said project shall be deemed a new project. The hazard score of the development project shall be subtracted from the hazard score of the project to be closed or reduced. The resulting difference will then be subtracted from the hazard score of the development project to obtain a hazard score adjusted for the closure or reduction. The adjusted hazard score shall be the basis for determining whether a land use permit shall be required under this chapter. A determination by the Community Development Director that a project is not subject to the land use permit requirement of this chapter as a result of credit afforded for a project closure or reduction shall be reported to the Zoning Administrator pursuant to section 84-63.808 and shall be subject to the public notification requirements set forth in section 84-63.810. (d) Closure, reduction required. Projects proposed for closure or reduction for which closure or reduction credit was afforded under this section shall be closed or reduced as proposed within one year of completion of the development project. This subdivision (d) applies only in cases where a land use permit would have been required but for the closure or reduction credit afforded under this section. ORD. 96- June 4, 1996 - 1-5 - DRAFT showinglendments recommended by Planning Commission on May 28, 1996 (96-_ § 3.) 84-63.1006 Determination of Transportation Risk. The transportation risk point assignment shall be calculated based upon planned total quantities of materials in a hazard category, measured in terms of tons per year for each hazard category proposed. The transportation risk point assignment shall be calculated for each mode of transportation proportionally within a single hazard category. That transportation point assignment shall be compared by hazard category with the total amount of material in the hazard category transported during the baseline period in order to obtain the percent change in section 84-63.1004(b), Transportation Risk. For purposes of determining whether truck transportation is through residential/commercial or industrial areas, the shortest legal route from the closest two-lane (or larger) freeway shall be considered. If the route used in the County does not traverse a two-lane (or larger) freeway, the entire route shall be considered. (Ord. 96-_ § 3.) 84-63.1008 Determination of Community Risk - Distance to Receptor. "Distance to Receptor" shall be the shortest distance between an exterior wall or other part of the development project and the property line of the residential property, commercial property or the sensitive receptor used to determine the hazard score of a development project. (Ord. 96-_ § 3.) 84-63.1010 Determination of Community Risk - Type of Receptor. A hazard score shall be developed for each type of receptor (residential property, commercial property and sensitive receptor) within three miles of the development project based upon the distance of the parcel of each type of receptor that is closest to the development project. The receptor that produces the highest hazard score shall be used to determine the hazard score of the development project. Receptors more than three miles from a development project shall not be considered. (Ord. 96-_ § 3.) 84-63.1012 Determination of Project Risk - Size. The size of a development project shall be measured in terms of tons of hazardous material and/or hazardous waste stored as a result of the development project, based upon the fill-to-the- maximum capacity of the development project, including amounts stored in tanks; reactors; columns; process lines; tank cars, tank trucks or rail cars when connected to process equipment; or any other receptacle used for the containment of hazardous materials and/or hazardous wastes. The amount of material in hazard categories A, B, or C to be added to the site as a result of the development project will be used to determine the total amount of change. If more than one category of hazardous material is used, the amounts of materials (A, B, or C) shall be used with the respective hazard category in the formula in section 84-63.1004. ORD. 96- June 4, 1996 - 16 - DRAFT showingeendments recommended by Planning Commission on May 28, 1996 The specific gravity of hazardous materials or hazardous wastes may be required to calculate the number of tons (or pounds) of hazardous materials and/or hazardous waste managed at the development project. The standard of 2000 pounds equaling one (1) ton shall be used. The point assignment for storage of containerized material in buildings, such as labs or warehouses, shall be based upon the maximum anticipated amount of materials for each hazard category as a result of the development project. (Ord. 96 § 3.) 84-63.1014 Determination of Protect Risk - Percent Change. The percent change of a development project shall be determined by comparing the amounts of materials for the respective hazard categories A, B, or C to be added to the site as a result of the development project to the total amount of all materials for the respective hazard categories A, B, or C handled at the site from the baseline period. (Ord. 96-_ § 3.) 84-63.1016 Determination of Hazard Category. (a) Method of Determination. The hazard category of a material or waste shall be determined pursuant to this section. (1) The primary method of determining the material hazard category of a hazardous waste or material shall be by reference to the Winter 1994 version of the U.S. Department of Transportation ("D.O.T.") Code of Federal Regulations, Title 49 ("49 CFR"), Section 172.101, Hazardous Materials Table." From columns (3) and (5), extract the "Hazard Class or Division" and "Packing Group" information, then proceed to 49 CFR 173.2 to determine the "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. If a material is listed in 49 CFR 172.101 more than once, the rating that results in the highest hazard category shall be used. The hazard category of a mixture is determined according to its common name as defined in Title 49. (2) Where a hazardous material or waste is not referenced in 49 CFR 172.101, and the hazard category cannot be determined using the primary method, refer to the manufacturer's MSDS for the D.O.T. "Hazard Class or Division," "Packing Group" and "Name of Class or Division." Proceed to subdivision (c) of this section to determine the material hazard category as either A, B or C. (3) Where the preceding methods are not successful, the Contra Costa County Health Services Director or his designee shall be responsible for determining a material's hazard category. (4) Regardless of the hazard category obtained using the methods set forth above, materials with the word "poison" in column (6) of 49 CFR 172.101, Methyl chloride, and the metals Antimony, Mercury, Lead, Arsenic, Thallium and Cadmium ORD. 96- June 4, 1996 - 17 - • DRAFT showing4Lendments recommended by Planning Commission on May 28, 1996 and their compounds, shall be Hazard Category A materials, and denatured alcohol and methanol shall be Hazard Category B materials for purposes of this chapter. (b) Exclusions. Regardless of the hazard category obtained using the methods set forth in subdivision (a), above, Hot Coke, Hot Coal Briquettes, and materials not regulated by D.O.T. or which have no D.O.T. Hazard Class or Division are not regulated by this chapter. (c) Hazard Categories. Hazard Category A Materials 1. Forbidden Materials As referenced in 49 CFR 173.21 and 173.54. II. Explosives and Blasting Agents Class 1, as defined in 49 CFR 173.50(b)(1) through 173.50(b)(6). Ill. Reactive Materials A. Air Reactive Materials - Class 4, Division 4.2 as defined in 49 CFR 173.124(b)(1) and (2). B. Water Reactive Materials - Class 4, Division 4.3 as defined in 49 CFR 173.124(c). C. Organic Peroxides - Class 5, Division 5.2 as defined in 49 CFR 173.128. IV. Radioactive Materials Class 7 as defined in 49 CFR 173.403(y). V. Oxidizers D.O.T. Packing Group I Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group I is required per 49 CFR 173.127(b)(2)(1). VI. Poisons, D.O.T. A. Poisons, Class 6, Division 6.1 as defined in 49 CFR 173.133 ORD. 96- June 4, 1996 - 18 - DRAFT showing 0endments recommended by Planning Commission on May 28, 1996 (applies to all hazard zones). B. Infectious Substances, Class 6, Division 6.2 as defined in 49 CFR 173.134. VII. Poison Gas Class 2, Division 2.3 as defined in 49 CFR 173.115(c). Hazard Category B Materials VIII. Flammable Liquids Class 3 Packing Groups I and II as defined in 49 CFR 173.120(a). IX. Flammable Solids Class 4, Division 4.1 as defined in 49 CFR 173.124(a). X. Oxidizers, D.O.T. Packing Group II Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group II is required per 49 CFR 173.127(b)(2)(ii). XI. Flammable Gases Class 2, Division 2.1 as defined in 49 CFR 173.115(a). XII. Corrosives, D.O.T. Packing Group I or II Class 8 Packing Groups I or II as defined in 49 CFR 173.136(a) and 173.137(a) and (b). Hazard Category C Materials XIII. Non-flammable Compressed Gases Class 2, Division 2.2 as defined in 49 CFR 173.115(b). XIV. Combustible Liquids ORD. 96- June 4, 1996 - 19 - • DRAFT showingoendments recommended by Planning Commission on May 28, 1996 Class 3 Packing Group III as defined in 49 CFR 173.120(b). XV. Miscellaneous Hazardous Materials Class 9 as defined in 49 CFR 173.155. XVI. Oxidizers D.O.T. Packing Group III Class 5, Division 5.1 as defined in 49 CFR 173.127(a) when Packing Group III is required per 49 CFR 173.127(b)(2)(iii). XVII. Corrosives D.O.T. Packing Group III Class 8 Packing Group III as defined in CFR 49 173.136(a) and 173.137 (c). (Ord. 96-_ § 3.) Article 84-63.12 Land Use and Variance Permits 84-63.1202 Granting. An applicant for a land use permit shall submit a project description. Land use permits required under this chapter may be granted in accordance with the provisions of chapters 26-2 and 82-6. (Ords. 96_ § 3, 86-100.) Article 84-63.14 Offsite Hazardous Waste Facility Compliance With County Hazardous Waste Management Plan 84-63.1402 Authority. This article is enacted pursuant to Health and Safety Code sections 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities. (Ords. 96-_ § 3, 90-73.) 84-63.1404 Definitions. (a) General. Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Health and Safety Code Chapter 6.5 (§ 25100 et seq.). (b) "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors on January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time. ORD. 96- June 4, 1996 - 20 - " . V DRAFT showing Gendments recommended by Planning Commission on May 28, 1996 (c) "Hazardous waste facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units. (d) "Offsite hazardous waste facility" means a hazardous waste facility at which either or both of the following occur: (1) Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled. (2) Hazardous waste that is produced onsite is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste. (Ords. 96-_ § 3, 90-73.) 84-63.1406 County Hazardous Waste Management. All land use permit, variance or other land use entitlement granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the division of the planning agency hearing the matter initially or on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan. (Ords. 96-_ § 3, 90-73; Health & Safety Code, §§ 25135.4. 25135.7.) 84-63.1408 Exclusion. The requirements of this article do not apply to projects which are exempt projects under section 84-63.604. (Ords. 96-_ § .3, 90-73.) SECTION IV. INTENT AND EFFECT OF REPEAL. The repeal of Articles 84-63.2, 84-63.4, 84-63.6, 84-63.8 and 84-63.10 of Chapter 84-63 by Section II of this ordinance does not effect the validity of any permit issued or decision made under said repealed provisions. The repeal of Article 84-63.12 of Chapter 84-63 concerning offsite hazardous waste facility compliance with the County Hazardous Waste Management Plan, by Section II of this ordinance, and said provisions' subsequent readoption and renumbering as Article 84-63.14 by Section III of this ordinance, are not intended to have any effect other than the renumbering of said provisions. SECTION V. SEVERABILITY. This ordinance shall be liberally construed to achieve ORD. 96- June 4, 1996 - 21 - • DRAFT showingeendments recommended by Planning Commission on May 28, 1996 its purposes and preserve its validity. If any provision or clause of this ordinance or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION VI. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law. If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section III of this ordinance. SECTION VII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the CONTRA COSTA TIMES, a newspaper published in this County. PASSED on , by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair LTF:bmw:df.25.861-63.96r [SEAL] ORD. 96- June 4, 1996 - 22 - Resolution No. 11-1996 RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOM IEND- ATIONS ON THE PROPOSED ORDINANCE TEXT AMENDMENT ENTITLED"LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIALS, COUNTYFILE ZT 43-96, FOR SAID COUNTY. WHEREAS, Chapter 84-63 of the County Ordinance Code requires land use permits for specified development projects involving hazardous waste or hazardous materials in the L-I light industrial, the W-3 controlled heavy industrial, and the H-I heavy industrial land use districts; and WHEREAS, this ordinance which would repeal Chapter 84-63 and add a new Chapter 84-63 in its place, sets forth criteria for requiring land use permits for development projects involving hazardous waste or hazardous materials which encourages business and other entities, in planning the project, to give greater emphasis to factors which involve potential health and safety risks to the surrounding community; and WHEREAS, for the purposes of establishing compliance with the California Environmental Quality Act, this activity is not a project subjec to CEQA, pursuant to Section 15061(b) since it can be seen with certainty that adoption of the proposed ordinance could not have a significant effect on the environment; and WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before the County Planning Commission on May 14, 1996 whereat all persons interested therein might appear and be heard; and WHEREAS, on May 14, 1996, after extensive testimony was given, the County Planning Commission CONTINUED said hearing to the meeting of May 28, 1996, for additional study by County Planning staff in view of testimony given and for further study by the County Planning Commission; and WHEREAS, on Tuesday, May 28, 1996, the Commission recommended approval of the proposed ordinance with the changes recommended by Community Development Department staff and with changes to the formula to provide for more continuous functions such that small changes in the distance of a project or the quantities of materials used will result in a more comparable change in overall project scoring; and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission recommends to the Board of Supervisors of the County of Contra Costa, State of California, APPROVAL of the Ordinance with amendments, by the following vote: Resolution No. 11-1996 AYES: Commissioners - Terrell, Hanecak, Clark, Wong, Pavlinec, Straus, Gaddis NOES: Commissioners -None. ABSENT: Commissioners - None ABSTAIN: Commissioners -None. ey E. B�fla on - Secretary of the Tanning Co ssion, Contra Costa County, State of California. R*quest to Speaktorm -33 (: ( THREE (3) MINUTE LIMIT) _ Complete this form and place it in the box near the speakers' rusty= before addressing the Board. Name: dlililgL C, ��i-SCD a z� phow Addrew 651 04rg7k/14y /ylyy. ,; So07-H- am speaking for myself__,_.__or All e P Y6 7-R6,06-,S- C-)Mc�L *,,acne of or�anEsatja�l CHECK o '� to On Agm& Its #��2n�0�Vs r¢p�'b-ItnLs �21� �.�. My commerce will be; general. .t .,"sins* 1 wish to speak on the subject of - I do not wish to speak but hbm these comments for the Board to consider Rghuest to Speaklorm ( THREE (3) MINUTE UMM Complete this form and place h in the box near the speakers' rostrum before addressing the Board. Name: _ 1►h.ne: 1 am speaking for mmpself—. orr - wank of aaanisatioN CHE"NE: wish to speak on Agenda Item #1 My comments will be: 1 wish to speak on the abject of - _ 1 do not wish to speak but leave these oonnnKnts for the Board to consider: R@quest to SpealNorm ,) ( THREE (3) MINUTE LIMIT) CmVlete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: muresm.., Q2 I sin speaking for MY".._._.or one of ;;;i-zww— ORCK ONE: 1 � I wish to speak an agenda titan fj L__,Dal ,�-- Mr comments will be:slBen�eraf _fear Yoe wish to Weak an the ed of I do not wish to speak but leave these co nusfor the Board R@quest SpeakdForm to ( THREE (3) MINUTE ,LIMIT) Complete this form and place it in the box near the speakers' mmum before addressing the Board. �� lf�oneL2' '? Cid"• — 1 am speaking for myself._or organhati -, , tnanK of ioN CHECK ONE 1 wish to speak on agenda Item # 6 . My-commarts-wilt-be:-general�for ` w.. I wish to speak on the subject of _ 1 do not wish to speak but leave these comments for the Board to consider: R@quest to Speak*Form � ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Narne: D u i Zs v L Vphww. cv ter; "11'r) lam speaking for mpself.,_,or organhafloro Co wi c-I omm of u CHECK ONE: 1 wish to speak on ISenda Item #_ 1 -rf 9-6 sp My comments will be: ,encs! Jbr, *W 1 wish to speak on the subject of w 1 do not wish to speak but leave these oom mmds for the Board to corsdider: I nest to Speak*Form ��q ( ) ( THREE (3) MINUTE LIMIT) CmVlete this form and place It in the box near the speakers' rostrum before addressing the Board. !hone: CR(6) Addresm c36qc, �rwe,, Citrt Sac,-Av . �,A 1 am speaking for uyself, or be-0 of orpntuton CHlKS C ONE: 1 wish to speak on Agencla Item #�.,� . 1 - 18 1891 My comments will be: general =tor nst I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. ' Reauest to Speak jorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. r-. Name: iy�06' R< 5-0,.W 10hone: 5 0'3 I on speaking for myself.or organization: ASS ccc, 6Wne of CHECK ONE: 1 wish to speak on Agenda Ran My commerce will be: general _jor.&Mal 1 wish to speak on the subject of _ 1 do not wish to speak but leave tie oomnnerrts for the Board to c-0-- ers �`• i A encu Oversight Boilers and Air Receivers are permitted by the State of California. (} Repairs to Pressure vessels and boilers are approved by the State of California. AS A� Pipelines are inspected with the State Fire Marshal. Tank seals are inspected by BAAQMD. Coast Guard inspects the wharves. State Lands inspects transfer operations at wharfs. State Fire Marshal inspects wharf pipelines & off plot pipelines. Insurance Carrier inspects refinery to determine risk. Inspectors are tested by an independent third party to determine qualifications. Community panel formed to resolve issues. County Administers RMPP Program. Cal OSHA requires Process Safety Management. I Process Safety Information 2 Process Hazard Analysis 3 Operating Procedures 4 Training 5 Contractors 6 Pre-Start-Up Safety Reviews 7 Mechanical Integrity 8 Hot Work Permit 9 Management of Change 10 Incident Investigation 11 Emergency Planning and Response 12 Injury and Illness Prevention Program (i.e. audits) 13 Employee Participation rJ • s Codes and Standards American Society of Mechanical Engineers Boiler and Pressure Vessel Codes Section I, II, V, VIII Div land 2, IX, B31.1, and B31.3 National Board Inspection Code National Fire Protection Association American Petroleum Institute Pressure Vessels, Pumps,Fire Protection,Tanks,ect. Underwriters Laboratories Uniform Building Code Tubular Exchanger Manufacturer's Association American Society of Refrigerating and Air Conditioning Engineers National Electric Code National Electric Manufacturer's Association Air Moving and Conditioning Association American Institute of Steel Construction American National Standards Institute Occupational Safety and Health Act Title 8, CAL/OSHA Standards Board National Board of Fire Underwriters Instrument Society of America Institute of Electrical and Electronic Engineers Insulation Cable Engineers Association Steel Structures Painting Council Federal Register Qualifications and Affiliations American Society of Non destructive Testing Visual, Dye Check, Magnetic Particle, Radiography, Ultrasonics American Petroleum Institute Tank Inspector Pressure Vessel inspector Piping Inspector Nation Board Inspection Code Pressure Vessel Inspector Boiler Inspector American Welding Society Weld Procedure Qualification Welder Qualification Visual Weld Inspector American Society of Mechanical Engineers Weld Procedure Qualification Welder Qualification Nondestructive Inspection Criteria California Society of Professional Engineers Professional Engineer Raquest .to SpeakWorm ( THREE (3) MINUTE LIMM Complete this form and place it in the box near the speakers' rostrum before addressing the Board. None:_ HuzmAtii,4 WeK *hone: Z& z -4-84-4p M4QWi9js 37W-i- fox 4-®5-0 q�50� I am speaking for myself_,_,or C®dr-,;ZA 6)5-7-A_ 60ak;c-il (item 0( CH ONE: 1 wish to speak on Agenda Item #.2-1. Oat My comments will be: mares .,,._for.,Zjgai I wish to speak on the subject 1 do not wish to speak but leave these comments for the Board to oor�sider: ___,_ R(quest to Speak form 011 ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' nostrum before addressing the Board. �iTne;1�r 1�1J/1 ,�1��C4'/YI.�Tc7 *111011r, 510-&5,F-7c�y�� D9(pYYr�Y� Ale n ►; S � mrh2. am speaking for myself ate1,1e� pvnk orpn CH ONE: ! wish to speak on Agenic Ilan #.j2, DatrO hk My comments will be: pnwW /for ain�t I wish to speak on the subject of I do not wish to speak but lave these commnib for the Board to consider: Rd4uest to Speak.form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box gear the speakers' rostrum before addressing the Board. Name; E 5L.I� 57EW A R T' Phone: 2��3 -- ZD 9 3 3q8 w� N AVE t 1 am speaking for myseff_,or AT. CpM W s 51c)N CHECK ONE: *11M of or=antsatioN �. 1 wish to spwk an Agenda Item # Oat 1 ? R My comments will be: general for Lftainst 1 wish to speak on the xAged of - _____ 1 do not wish to speak but leave time connrnents for the Board to consider: R@quest to SpeakfForm ( THREE (3) MINUTE LIMIT Complete this form and place it in the box near the speakers' rostrum before addressing the Board. _ Name: llrorre: s/��3 �21P� W7-z i am speaking for myself_or organization: manic of orgin�tioN CHUX ONE: 1 wish to speak on Agerria Ran #2..LOat —C " My comments wilt be; general _for..agairsit 1 wish to speak on the subject Of _ 1 do not wish to speak but leave these oomrnents for the Soarmd to corrsider ReMuest to 'Speakjorm ( THREE (3) MINUTE LIMIT) C"wlete this form and place It in the box near the speakers' rostrum before addressing the Board "arae: Addrmm_.— I am speaking for my".or Ow" of apntsatioN CHECK ONS ! wish to speak on ASm& Item #i My comments will be: ,enwW Tor jppkwC- ._. 1 wish to speak on the wbiect of - _ 1 do not wish to speak but leave these comments for the Board to corsdder: ' Re4juest to Speakform zz ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostn,m before addressing the Board. Nmew. �� phone: Y6-z 2 4 3—,L I am geWng for myself, or • • r c/ • w of CH ONE 1 wish to speak on Agenda Item # Oat -q J(o My comments will be: general _for_"ainst • I wish to speak on the shied of 1 do not wish to speak but leave these comments for the Board to consider: COMMUNITIES FOR A BETTER ]ENVIRONMENT Formerlr'Citizens'for a Better En ciroruncnt-California . CALIFORNIA HAS MORE TOXIC ACCIDENTS THAN ANY OTHER STATE 'Contra Costa County ranks as the eleventh worst county in the U.S. for toxic accidents. ACCIDENTS CAUSING INJURIES OR ILLNESS • General Chemical Oleum Release 7/26/93 (20,000 people sought hospital treatment) • Chevron Fireball 4/10/89 (nine workers injured, three seriously burned) • Chevron Catalyst Release 12/5/91 (people ill with diarrhea,breathing problems, rashes) • Chevron H2S Gas Release 3/10/94 (people as far as El Sobrante complain of illness) • Unocal Catacarb Toxic Chemical Release 8/22/94 (Over 1,500 people treated over following year) • Unocal H2S Release 9/15/94 (80 nearby school children sought medical attention) • Tosco Pressure Relief Valve 300,000 lbs. Release 6/18/93 (Several people sent to hospital with burning eyes, shortness of breath) • Rhone-Poulenc Sulfuric Acid Sludge Release and Fire 6/22/92 (one worker .killed, another severely.burned) Pacific Refinery Naptha, Sulfur Release 9/27/95 (Disabled children from nearby school evacuated by ambulance) • Shell Light Oil Process Explosion 9/5/89 (Two contract workers severely burned) ACCIDENTS CAUSING SCHOOL CLOSURES • Chevron Fireball 4/10/89 (275 elementary school children.evacuated) • Pacific Refinery Naptha, Sulfur Release 9/27/95 (Evacuation of disabled, children by ambulance from-nearby school) 500 Howard Street, Suite 506 Sari Francisco, CA 94105 • (415) 243-8373 In'Southern California:605 W.. Olympic Blvd., Suite 850 • Los Angeles, CA 90015• (213)486-5114 Chlorine-Free 100%post•consumer .C, • 0 Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the q Bakers' nostrum before addressing the Board. Name: nCA) ���� phone: -07 Address: 5�/ 1-50WIyi,5 cltr.4 1 am speaking for myself or organization: mark of o�an�ation) CH ONS I wish to speak on Agenda Item # ID--6 Oat -/e— Mr comments will be: general .tor_�ai I wish to speak on the adod of 1 do not wish to speak but leave these comments for the Board to consider: R*quest to Speaktorm � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name; S �l�one: Ckr I am speaking for myself_�_or - ow of UP16260 0 CHECK ONE -- Y I wish to speak on agenda Item% �� Mrcantnertts will be; general _for_ *W I wish to speak on the sobjed of _ I do not wish to speak but leave these comments for the Board to consider: Rtquest to Speak Form ( THREE (3) MINUTE LIMIT) lie. Complete this form and place it In the box near the speakers' rostrum before addressing the Board. Hyl -So 0( Time: i am spealon;g for myself_or organization: Przo d oc-rx q C-« Haus of uN DUCK ONE: 1 wish to speak on Agenda Item My comments will be; general _tor.= ainst 1 wish to speak on the subject of I do not wish to speak but leave these comments for the Board t0 Consider:16 G �- r�,� a-f ho p� �0.r 0. new oyLaree. I�j n. t waJ"(� , n Nv�,.(- r��c• �sl.�� w;GQ cl S t ry ,vial-c G1q u w.lf- c eh-a� �j o r e-'Z, po-rLa I) & fie.- P 6.,,l- oda,P— A,-OL v._ot vm,Orove So.+ ? Qj1eG.se Piss 0-rvL,^A,.-" ar propos4a, nfvr Eta- R,'a�--A RAuest to Speak 'Form ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' rostrum before addressi the Board. lv... !hone: A��th!� 1 am speaking for myself_ ,or organization: (itanK of orpntsation) CH ONE: 1 wish to speak on Agenda Item # Dat, 6 My comments will be: general for 1 wish to speak on the aub W of I do not wish to speak but leave these its for the Board to consider: Request to Speak orm ( THREE (3) MINUTE LIMIT) Gompiete this form and place it in the box near the speakers' romi"um before adds 'ng the Board. ti�ew �(/ �o ,C C Zed S Name: / � Phage:�/D Z Z8 Addrew / 1 am speaking for myself orm 4new of orpn�tioN CHKOC ONS 1 wish to speak on Agenda Item Date: / - My comnKnts will be: i wish to speck on the subject _ 1 do not wish to speak but leave these aomnerts for the Board to consider: ROluest Speak4torm to ( THREE (3) MINUTE LIMIT) Ok", - CwWlete this form and place 1t in the box near the speakers' motrum before addressing the Board. G I 8 '7 6 j cc a t, cftytLx"--1-n re) Log 1 am speaking for myself=or &W • MEC K ONE: I wish to speak on Agenda hem My corrmments will be: general_for_, sinst L. I wish to speak on the subject of 1 do not wish to speak but leave dwse comments for the Board to cc dl'-e— Request to SpeakWorm ( THREE (3) MINUTE LIMIT M Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Aiddrem, q0 1 am spealong for myself_or • Omm of 0 lmduda ro CHECK ONE _ i wish to speak on agenda Item #= Dat � t r My oomn�er�ts will be: generrl for rpt _ 1 wish to speak on the abject of Y . 1 & not wish to speak but leave these menta for the Board to A,( 7?7 :-r A;4 17-S zk RAuest to Speak1form ( THREE (3) MINUTE LIMIT) 7 Complete this form and place it in the box near the qpeaicers' rostrum before addressing the Board hlarrre: ke /Address: Citr: � 1 am spealdng for myself or . /name Of amara CHECK ONE: 1 wish to speak on Agenda - My comments will be: general _for.AWna . 1 wish to speak on the subject 1 do not wish to speak but leave these caofor the Board to consider: Request to Speak rm ( THREE (3) MINUTE LIMIT) Complete this form and place It In the box near the speakers' rostrum before addressing the Board. Name; STA �j 80RI50 rhone: g 11� 1 am eaking for myself_or organization: ���i c� spI t l 6 oww of or�n�dioN DUCK ONE: 1 wish to speak on Mende Item #.LL. My comments will be: n B _ .�. I wish to speak on the subject g)ON/c£ _. 1 do not wish to speak but leave these comments for the Board to consider: Rdquest to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: �- c a7---I ff,�O • a4av c 1 am spealdng for myself or organizadorn ane of o�isatiav CH ONS 1 wish to speak on Agenda Item CLL Oste: My comments wi11 be: general _#or_Aai 1 wish to speak on the subject of _ 1 do not wish to speak but leave these comn1errts for the Board to coroider: R@quest to Spea orm � ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board Name; �L-�C•°/c� .�.� �c-mac 'horee: ��) Y�f v f'�t.� I ane speaking for myself4.or LI b I- M:Ll ane of orpn�satjoN CHECK ONE: I wish to speak on Agenda Item #, L My comReerrts will be: general_ br j gg 1 wish to speak on the subject of _ 1 do not wish to speak but Leave these comrteads for the Board to consider: RAuest to Speak form ( THREE (3) MINUTE LIMIT Cromplete this form and place it in the box near the speakers' wetnim before addressing the .Name: ��/ *hones7ep�j Address.- 1 am speaking for myself_or fir ank of�on� CHEMIC ONE: I wish to speak an Agenda Item A, Oat My comments will be: Several _fw.Mai��� - , 1 wish to on the subject of . 1 do not wish to w& but leave these comments for the Board to cortader,� - /2 R@quest to SpeakNorm ( THREE 0) MINUTE LIMIT) Complete thea form and place It in the box near the speakers' nostrum before addressing the Board Name: lfronw7�? W bZ car. 1 am spear for myself. or organitat�om Oww of or�ntsaotioN 04 ONE 1 wish to on /agenda Manf, Oat Ibty oomrnents will be: general _for� I wish to on the of sejiw tya(� erect �� w 1 do not wish to speak but leave these commerHts for the Board to consider: R@quest SpeaWorm to ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' estrum before addressing the Board. tVame: (jc�A Ur' ©cJ(r)k,S fha�e: 1 am speaking for nwW or organization: low -P of p -) CHKK ONE: 1 wish to speak on Agenda Item #- Oata My comments will be: general _for._"An d �C _ 1 wish to speak on the sd*d of _ 1 do not wish to speak but leave these comments for the Board to conceder: _6_o AD-ri»�,aK. ;,-� X,,,) ,-�G- .0 Re uest to Speak Torm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rosbum before addressing the Board. Name: �1� Kc Rly d 7 0,001 Cr-OcKet� K -Awlilrew (oc'lDcEAWA� C3 1-�m I am speaking for myself`or organized m :r Q p::F, ui Omm of orWntsataN CH ONE: I wish to speak on Agenda Item #..- Oft1 d My comments ge will be: neral for__#gW I wish to speak on the subject of . do not wish to speak but leave these axm - ds, for the Board to corbdder: • uNQ C ISAIML IT gGgIN! "UNOCAL is trying to weaken laws that would improve Refinery Safety in Contra Costa County" Come to the Board of Supervisors meeting on Tuesday, June 17th at 4PM (located at the County Administration Building: 651 Pine St., 1st Floor in Martinez) and request that the members of the Board of Supervisors strengthen the Hazardous Materials Commission ordinance. Ask the Board to have a hearing by the Ad Hoc Committee on Hazardous Materials for further consideration of the following items: * Permits for projects at facilities that handle hazardous wastes, extremely hazardous wastes, hazardous materials, and acutely hazardous materials above certain thresholds. * Public disclosure of potential risks from accidents and releases. * Special safety requirements for high pressure/high temperature welds. * Public review and approval of proposed projects based on specified criteria and findings. If you are unable to attend the Board meeting please call your Supervisor or the Clerk of the Board: Supervisor Jeff Smith (646-2080) Supervisor Tom Torlakson {427-8138) Supervisor Mark DeSaulnier, (646-5763} Supervisor Gayle Bishop (820-86831 Supervisor Jim Rogers (374-3231) Clerk of the Board(646-23711) NE1GH1§0RH00f5 NETS Volume 1, No. 1 Rodeo and Crockett, California UNOCAL RELEASES ANOTHER TOXIC CLOUD Supervisor Smith Proposes New Refinery Ordinance b Rodeo, CA.- Friday morning, the coker at the Unocal Refinery caught fire. A black cloud spread over two counties for hours. Martinez, CA. -On Tuesday, Supervisor UNOCAL claimed there was no danger. The public continues to Jeff Smith will propose an ordinance question whether the release will be harmful. which makes refineries obtain a permit Karen Rogers, refinery spokesperson said the coker's source of fire any time they are to repair or maintain is unknown. She added "we have been maintaining it for years". equipment. The ordinance would set safety standards. Smith believes the * Local residents claim safety, maintenance and UNOCAL are coker would not have burned had an contradictory. ordinance calling for open public scrutiny * Many believe that UNOCAL management: 1) Does a poor and expert evaluation been in effect. job of maintenance, 2) Press their equipments use for too The proposed ordinance would requireworker and equipment testing and many long a time and 3) Think more about profits than public other tough conditions to make a no fail safety. system. Eauivment maintenance and safety standards are arca r errs/aced by public agencies: Public Protest Slated for * Maintenance in refineries involves the complete dismantling Tuesday at Board of and rebuilding of machinery, including cokers. Supervisors Meeting * The source of the release can be traced to poor maintenance and safety standards. On Tuesday, at 1:00p.m. in the Board * The public is now questioning whether it is proper for Chambers in Martinez, CA the public will refineries to self regulate? hear a report from County Health on the * Set their own safety standards?. UNOCAL fire. Also, Supervisor Smith will be introducing an ordinance Refinery equipment is placed under extremely high temperatures requiring a special permit process and and high pressures in order to produce. As a result metal wears public safety hearings for refinery safety, out, fatigues and becomes subject to failure. repair and maintenance work. Refinery Experts, refinery workers and members of the public are beginning managers are expected to protest theordinance as too burdensome. The to believe that: public is expected to turn out in favor of the ordinance since safety and * Safety standards for workers and equipment should be maintenance are now unregulated subject to public review. activities. * Permits should condition use of equipment, set safety standards, regulate useful life and be tested by outside Board Chambers - 651 Pine St./1st- experts to insure a no-fail system. Floor/Martinez HELP STOP REFINERY RELEASES AND FIRES BY DOING YOUR PART If you want to express your concern and anger at Contra Costa refinery explosion and fires and help enact a no- fail refinery ordinance, then: 1. Come to the Board of Supervisors on Tuesday, May 21st, at 1:00p.m. corner of Pine and Escobar Streets. In the Board room, fill out a yellow comment card stating your support for the No-Fail System Ordinance. 2. Call Board of Supervisor member offices to support the No-Fail System Ordinance: Jim Rogers 374-3231, Tom Torlakson 427-8138, Mark DeSaulnier 646-5763, Jeff Smith 646-2080, Gavle Bishop 820-8683. -------------------------------------cut on dotted ------------------------------------- ------ ---- 3. Mail C.A.R. (Citizens Against Releases) so we can notify you of meetings and events: Your Name: O Yes, I support the No-Fail Address: Refinery Ordinance City, Zip Code: D Yes, notify me of event Phone Number: CAR is composed of members of the community, Mail this to: C.A.R. / P.O. Box 348 Citizens for a Better Environment, The West Crockett, CA 94525 County Toxics Coalition and CCC Building Trades Request to SpeakWorm ( THREE (3) MINUTE LIMIT) Cwwlete this form and place it In the box near the speakers' estrum before addressing the Board. blame: g--,?7, phone: 7W,:>�754w2-, -3 Address:, ��, a 7J� CT— I am speaking for myself„_or ' b-1K of az�dioN DiEE;K ONE: 1 wish to speak on Agenda Item #Z..�. Dat /R,, 6 My comments will be: general _.for, rs t 1 wish to speak on the u6jed of I do not wish to speak but leave these comments for the Board to Co Ropest to SpemakWorm ( THREE (3) MINUTE LIMIT) complete this form and place it in the box near the speakers' mum before addressing the Board. Name. Llir 2 1 am speaking for myself_or organhation: oum of ory.nfsation) DUCK ONE: I wish to speak on Agenda Item Dat - /X My comments will be: general _for.. gal I wish to speak on the subject of - - 1 do not wish to spealc but leave these comments for the Board to consider: Rqguest to Speakform ( THREE (3) MINUTE LIMIT) _ Complete this form and place it in the box near the speakers' nostrum before addressing the Board. Name: aLAI rk. 116 A C�6N d.0 am: 1 am speaking for myself X or anizat orn omm Of CHECK ONE: 1 wish to speak on Agenda Item B ' ' My comments will be ,er fortttz� 1wishto speak on the nibject of 1 do not wish to speak but leave these commetrts for the Board to consider: RPquest to Speaktorm ( THREE (3) MINUTE LIMIT) Complete this form and place h in the box near the speakers' m&um before addressing the Board. Name; 3 e v w u ;„ G rhone: `l 37R 8 o �ddl+e 7 aur fan 17v, I am speaking for myself___or ' +)oh *wm of orjantrdioN CHECK ONE: I wish to 'peak on Agenda Item BLL(b. Daft 6 1 9 My comments will be: general for..Mg I wish to speak on the abject of I & not wish to speak but leave these comnknLa for the Board o r�� R@quest Speak*Form to ( THREE (3) MINUTE LIMIT) Complete this forum and place it In the box near the speakers' rostrum before add 'ng the Board 0 , /IV S' Phone: Z z S z A l lf6m igK A Aa Ckrg 1 am speaking for myself_or rzardzatiomT s antior�r 315 own of orp -I"tioN CHECK ONE: _ 1 wish to speak on Agenda Item MYcomments will be: general _for.j*ainst 1 wish to speak on the abject �,�AS ZE 1 do not wish to speak but leave these oonmmertits for ti�i o rd to Co RIguest to Speak#orm ( THREE (3) MINUTE LIMIT) Complete this form and place it In the box near the speakers' rostrum before addressing the Board. .e .& I am speaking for myself_or orpnb atiom Owm Of CH!gPl w'issh to qxmk on Agenda Item - — g My �« 9� M comments will be: o'3or-- 1 wish to on the — I do not wish to speak but leave One -omments for the Board to CO P Request to s ea orm ( THREE (3) MINUTE ILIMIT) Complete this form and place it In the box near the speakers' estrum before addressing the Board. Name: �,a ;.. I am wing for n'r!►setf—�=�--or "- 44012ne of auk CHECK ONE: I wish to speak on AsaWla Item # Mr -- 111n11 wilt be for I wish to speak an the euiject of Brd I & smt wish to speak but leave these connrxKrrts for theoa to con ' . uest to SpeakNorm 3 ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name:= lhw�e: 1 am speaking for myself=or organization: inanie of orpnUation) CHECK ONE: I wish to speetc on agenda Ran #� Qat��" My comments will be: .lorainst 1 wish to WA on the abject of _ 1 do not wish to weak but leave these comments for the Board to consider: Request to SpeakWorm ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NMI*: C=�cea.dee�� 'hone; z z S "- 4",4 m q3S ��1�g�•�ra Arc. l._ _: .��z am spealdng for myw f_—...,or wwnizatiom ys-4-& 'ayrc owft Of- --DUCK ONl~ �`'a�.,.F . 1 wish to teak an Aenda Item My commarts will be: general _for..."aiK �,. i., i wish to speak an the subject of 1 do not wish to speak but lave dine oomnmnts for the Board to consider: Request to Speakorm ( THREE (3) Mt N UTE LIMIT) Complete this form and place It in the box near the W eakeW notrum before addressing the Board. I am spuwf* for �f_._.,.1w O sops N CHECK ONE: L.... .\. x _ 1 i wish to Weak on � Item B� 9W � M comments will be: Ipene ral _„_I�or no My . . I wish to Wuk on the adod of_ 11 I do nal wish to speak but leave these for the Board to comider , COMPARISON O*ROPOSED HAZARDOUS MATE*LS ORDINANCES REGULATORY HAZARDOUS MATERIALS COALITION PROVISION COMMISSION "GOOD NEIGHBOR" ORDINANCE ORDINANCE Ordinance Application: - triggered by specific numeric quantities ✓ of hazardous materials or wastes handled at a facility - triggered by a matrix of factors ✓ Scope: - covers new facilities and expansion of ✓ ✓ capacity at existing facilities - covers major repair and reconstruction ✓ projects without capacity increase - covers major maintenance or shutdown turnaround projects Requires updated Hazard and Operability ✓ Study for facilities handling acutely hazardous materials Requires an evaluation of the accident ✓ risk to on-site and off-site persons Requires a quantitative analysis of any ✓ significant health risk Requires a map showing all populations ✓ at risk of exposure Requires special safety measures for high- ✓ temperature and high-pressure welds Requires a compliance audit and findings ✓ regarding facility compliance with Process Safety Management Program and Hazard and Operability Study Requires County to serve as local ✓ clearinghouse for all public agency reports on facility accidents and upsets Requires County review teams, including ✓ both management and workers, to investigate facility accidents Requires facility manager to personally ✓ present reports on accidents to Board of Supervisors Repeals building permit exemption for ✓ certain projects at industrial facilities Authorizes civil penalties up to $25,000 ✓ per day for violation of ordinance Requires findings that project will not ✓ pose a significant risk to human health or the environment as a result of accidents Requires that all feasible mitigation ✓ measures be imposed to reduce or minimize risks A106S,011 lop •. '. ►. TV Xpr"SHELL is trying to weaken laws that would improve Refinery Safety in Contra Costa County' I i f 4 Come to the Board of Supervisors meeting on Tuesday, June 17th at 4PM (located at the County Administration Building., 659 Pine St., 9st Floor in Marlinez) and request that the members of the Board of Supervisors strengthen the Hazardous Materials Commission ordinance, Ask the Board to have a hearing by the Ad Hoc Committee on Hazardous Materials for further consideration of the following items: Permits for projects at facilities that handle hazardous wastes, extremely hazardous wastes, hazardous materials, and acutely hazardous materials above certain thresholds. Public disclosure of potential risks from accidents and releases. t I * Special safety requirements for high pressurelhigh temperature welds. * Public review and approval of proposed projects based on specified criteria and findings. If you are unable to attend the Board meeting please call your Supervisor or the Clark of the Board: Supervisor.lefi'Smith (US.20801 Supervisor TornTorlakson (427-8938} Supervisor Mark DeSaulhler, (846.5763) SupervlsorGsyle 6fshop {820.8683} Suparvlsor JIM Rogers(37'4.9231) Clerk of the Owrd(846.2371)} 05/18/96 TUE 09:58 M,M- NO 59483 2001 ovAir Products and Chemicals,Inc. PRODUM 110 Waterfront Road Martinez,CA 94553 (510)372-9302 June 12, 1996 _ R CEIVED► Board of Supervisors Clerk ¢ 1 Jeanne Maglio 651 Pine Street D OF 6UPE1-:. Martinez, CA 94553 STA Co. [ Dear Ms. Maglio: I am writing on behalf of Air Products& Chemicals to ask for your support of the County Hazardous Materials Land Use Ordinance as proposed by the County Hazardous Materials Commission. The Commission's ordinance has benefited from years of cooperative development from all stakeholders. We believe the proposal will provide for improved management of projects involving hazardous materials while not unnecessarily burdening manufacturers. Air Products does, however, oppose the adoption of any provision of the so-called "Richmond Ordinance." The Richmond Ordinance is unnecessarily duplicative of existing and pending programs administered by Cal-OSHA as well as the County's Risk Management and Prevention Program. What's more, we believe the Richmond Ordinance would actually discourage maintenance and industrial development, thereby potentially compromising safety and reducing local employment. Please feel free to contact me if I can be of assistance on this matter. Thank you for your consideration. Sincerely, John Cheater Plant Manager Re4uest to Speaktorm ( THREE (3) MINUTE LIMIT) Complete this form and place It in the box near the speakers' mum before addressing the Board. Name: I am speaking for myelf_or file= of IEC�C ONE: 1 wish to speak on Agenda Item #.a) ,,2� MY cmung s will be: ,eneral _ nft I wish to speak on the subject of - _ 1 do not wish to speak but leave these comments for the Board to Consider_ Ri4uest to Speak0iorm ( THREE (3) M1 N UTE LIMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: rhoi�e: 70 1 am speaking for myself, .or or&aniution: of orsantswn M-) CH?EO ONS 1 wish to speak on Agenda Item f C= My comments wilt be: general _tor �„ Siror I wish to speak on the wbject of 1 do not wish to speak but leave these comments for the Board to o�onsider: RequestP to S eaV orm ( THREE (3) MINUTE LIMIT) Cmwfete this form and place it in the box near the speakers' rostrum before addressing the Board Dante:o V\<I.e\n 1;-A 4:\rk '�f011E: �' ^ S 4 11 Addrew 5 d s P 1��� C • 1 am kin$ for myself_ C.v inn •SS bv� 6iwm of Offitfboo DUCK ONE _ 1 wish to speak on Agenda Item # pat My oomrnerits will be: general nst _ 1 wish to speak on the subjed Of 1 do not wish to speak but lave these oanm mix for the board to consider: .T1 IVI R , T -`June'13, 1996 f RECEIVED Mr'Jeff Smith,'QChairman V 4 ' I Contra Costa.iCounty CLERK BOARD OF-SUPERViSO.�S, _ Board of Sup2rviSorS , ; CONTRA COSTA CO. 651 Pine Street i Martinez,•CA 94553 RE: ' Meeting June 18, 1996„4:00 PM Agenda Item \ , Hazardous Materlals'Land Use Ordinance . f Dear Board of Supervisors ' �. TIMEC,.Company is a locally owned, union,contractor�servmg',all of the refineries f i in. Contra' Costa :County. ,!TIMEC .has done business irr:'Contra Costa: Counji wince 1973 and .employs-hundreds.of workers in the ocat refineries.' _ TIMEC is in support of,the proposed Hazardous Materials/Land Use Ordinance scheduled-for -vote at the June 18 meeting.: However,, our,support`of- the Ordinance is limited to the :current -draft-,on the-Agenda. TIMEC. does not \ support,. and strenuously objects, to any changes, addendums,or:modifications ' to the Ordinance. , i We request that the Board of Supervisors, approve and enact the Ordinance as` currently on the Agenda. We„ request that`the Board not make any changes, modifications,, or;addendums .to the''current Ordinance. If such changes are made, TIMEC objects.to the.proposed Ordinance If you .have any questions, I would be happy to discuss TIMEC's position with you. Respectfully, R Briggs Wood _ Chief Executive Officer c: Jeanne Maglio, Assistant Clerk, Board of Supervisors 155 Corporate• Place Vallejo, California 94590 P.O. Box 7708 (707) 642-2222 Lic 280229 Ci• �2 /� �`'�� Working to be#1 in Safety, Quality and Productivity ` � � Cj PRINTED ON RECYCLED PAPER-WE'RE DOING OUR PART TO HELP OUR ENVIRONMENT. �/J 4 )V— ,-e ((. /d,- MR Air Products and Chemicals,Inc. mootx s Ts 110 Waterfront Road Martinez,CA 94553 (510)372-9302 June 12, 1996 — .i€n R. �CEt1lED� Board of Supervisors Clerk Jeanne Maglio 651 Pine Street BOARD OF SUPEiY VI Martinez, CA 94553 TA CO. Dear Ms. Maglio: I am writing on behalf of Air Products& Chemicals to ask for your support of the County Hazardous Materials Land Use Ordinance as proposed by the County Hazardous Materials Commission. The Commission's ordinance has benefited from years of cooperative development from all stakeholders. We believe the proposal will provide for improved management of projects involving hazardous materials while not unnecessarily burdening manufacturers. Air Products does, however, oppose the adoption of any provision of the so-called "Richmond Ordinance." The Richmond Ordinance is unnecessarily duplicative of existing and pending programs administered by Cal-OSHA as well as the County's Risk Management and Prevention Program. What's more, we believe the Richmond Ordinance would actually discourage maintenance and industrial development, thereby potentially compromising safety and reducing local employment. Please feel free to contact me if I can be of assistance on this matter. Thank you for your consideration. Sincerely, John Cheater Plant Manager NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER COUNTYWIDE AREA NOTICE is hereby given that on Tuesday, June 18 , 1996 , at 4 :00 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Planning Commission on a proposed ordinance which would repeal Chapter 84- 63 and add a new Chapter 84-63 which requires land use permits for certain projects involving hazardous waste or hazardous materials. The proposed ordinance sets forth criteria for requiring land use permits which gives greater emphasis to factors involving potential health and safety risks. Article 84- 63 .12 of Chapter 84-63, added by Ordinance No. 90-73 , is renumbered and readopted in its entirety as Article 84-63 . 14 . This ordinance would apply to the Heavy Industrial (H-I) , Light Industrial (L-I) and Controlled Manufacturing (W3) Zoning Districts in the unincorporated area, County File ZT 3-96 . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California. (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date: May 31, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Ann ervelli, Deputy Clerk • *eth Land Use Ordinance PH Ntc. Byron Advisory Council D.Ral Island MAC D.Ralph Wallace,Chairman J:Vandusph.lab P.O. Box 268 '� PO Box 1388 Byron, CA 94514 Bethel Island,CA 94511 Knightsen Town Advisory Council Bay Point MAC Oakley MAC p-P.O. Box 170 3105 Willow Pass Road P.O. Box 212 Knightsen, CA 94548 Bay Point, CA 94565 Oakley, CA 94561 Alamo Improvement Association North Richmond MAC Pacheco MAC '4-P.O. Box 271 4505 Macdonald Avenue Wally O. Wiggs(Chair) Alamo, CA 94507 Richmond, CA 94805 '` 187 Freda Drive Pacheco, CA 94553 Rodeo MAC Discovery Bay MAC Riverview Fire District - c/o Suzanne Claudia MacDonald(Chair) 1500 West 4th Street Supervisor Smith's Office 1152 Beach Court Antioch, CA 94509 Discovery Bay, CA 94514 Byron Firefighters Association East Diablo Fire Protection District Judy Johnson, Secretary Bethel Island Fire District - f 134 Oak Street P.O. Box 40 X P.O. Box 623 Brentwood, CA 94513 Byron, CA 94514 Bethel Island, CA 94511 Crockett-Carquinez Fire District Rodeo Fire Department � Contra Costa Consolidated Fire District X 746 Loring Avenue < 326 Third Street" Plea Geary Road Crockett, CA 94525 Rodeo, CA 94572 Pleasant Hill,CA 94523 Fire Marshall's office Moraga Fire Protection District Orinda Fire Protection District -- .�.. San Ramon Valley Fire Protection District 1500 Bollinger Canyon Road ?� 1280 Moraga Way 33 Orinda Way San Ramon,CA 94583 Moraga, CA 94556 Orinda, CA 94563 West County Fire Protection District Kensington Fire District _'Pinole Fire Department --- - -�- 330 25th Street x 215 Arlington Avenue ,( 880 Tennent Avenue Richmond, CA 94804 Kensington, CA 94707 Pinole, CA 94564 El Cerrito Fire District Clyde Civic Improvement Assoc.,Inc. Crockett Improvement Association 4— 10900 San Pablo Avenue 109 Willington Avenue x P.O. Box 132 El Cerrito, CA 94530 Clyde,CA 94520 Crockett, CA 94525 Bethel Island-MAC Mt. View Improvement Association Port Costa Town Council �- PO Box 1388 X PO Box 163 , PO Box 60 Bethel Island, CA 94511 Martinez, CA 94553 Port Costa, CA 94569 Rodeo Citizens Alliance Richard Tucker, Chair Charles Orman p873 4th Street / North Richmond Homeowner's Assoc. Chevron CAP Rodeo, CA 94572 7`� 1525 6th Street PO Box 1272 Richmond, CA 94801 Richmond, CA 94802-0272 Tom Stewart Tomi Van de Brooke . Dave McCoard, Chair I iJorm Shell CAP Sierra Club 816 Main Street PO Box 711 214-2 Appollo Street Martinez, CA 94553 Martinez, CA 94553 Hercules, CA 94547 EI Sobrante Valley Planning & Mr.Ron Ward Mike Leana jZoning Committee Community Development Director Planning Director 'PO Box 20136 City of Antioch City of Brentwood EI Sobrante, CA 95829-0136 212 H Street 708 Third Street Antioch,CA 94509-0504 Brentwood,CA 94513 Randall Hatch Bill Reeds Kevin Gailey Community Development Director Community Development Director Chief of Planning City of Clayton City of Concord Town of Danville 1005 Oak Street 1950 Parkside Drive 510 La Gonda Way Clayton,CA 94517 Concord,CA 94519 Danville,CA 94526 Patrick O'Keeffe Gary Hambree Niroop K. Srivatsa Community Development Manager / Community Development Director Planning Director I City of El Cerrito City of Hercules City of Lafayette `10890 San Pablo Ave. 111 Civic Drive 251 Lafayette Circle El Cerrito,CA 94530 Hercules,CA 94547 Lafayette,CA 94549 Ms.Marcia Raines Jay Tashiro,Planning Director Irwin Kaplan Community Development Director Town of Moraga Planning Director f 6ty of Martinez 350 Rheem Blvd.,Ste 2 City of Orinda 525 Henrietta St. Moraga,CA 94556 26 Orinda Way Martinez,CA 94553 Orinda,CA 94563 Marc Grisham Nasser Shirazi Rich Bottarini Community Development Director Community Development Director Community Development Director City of Pinole City of Pittsburg x City of Pleasant Hill 2131 Pear St. 2020 Railroad Ave. 100 Gregory Lane Pinole,CA 94564 Pittsburg,CA 94565 Pleasant Hill,CA 94523 Jim Farah Gordon Anderson Phil Wong Planning Director Community Development Planning Services Manager City of Richmond City of San Pablo City of San Ramon 2600 Barrett Ave. One Alvarado Square 2222 Camino Ramon Richmond,CA 94804 San Pablo,CA 94806 San Ramon,CA 94583 Kevin Roberts Building Industry Association Citizens for a Better Environment Community Development Director Eastern Division 501 Second Street, Ste. 305 City of Walnut Creek PO Box 5160 San Francisco, CA 94107-1431 1666 North Main Street Martinez, CA 94553 Walnut Creek,CA 94596 Citizens Land Alliance Coalition of Labor& Business Council of Industries/West Contra X105 E. 1 Oth Street 1030 Shary Court, Room 202 Costa County Tracy, CA 95376 Concord, CA 94518 PO Box 5189 Hercules, CA 94549 Environmental Defense Fund Tom Graff Greenbelt Alliance The Industrial Association Rockridge market Hall 116 New Montgomery, Ste. 640 PO Box 23806 5655 Colege Ave., Ste. 304 San Francisco, CA 94105 �- Pleasant Hill, CA 94523-0806 Oakland, CA 94618 League of Women Voters League of Women voters Seth Adams of Diablo Valley of Richmond Save Mt. Diablo 500 St. Mary's Road 3230 Macdonald Ave. AC PO Box 5376 Lafayette, CA 94549 Richmond, CA 94808 Walnut Creek, CA 94596 Save San Francisco Bay Association Siena Club Sierra Club William Sid S.F..Bay Chapter Diablo Chapter 1736 Franklin Street, 3rd Floor 5237 College Ave. 21 Anderson Circle Oakland, CA 94612 Oakland, CA 94618 Walnut Creek, CA 94595 California and Hawaiian Sugar Chevron USA Dow USA Crockett Refinery 6001 Bollinger Canyonx Western Division 830 Loring Ave. San Ramon, CA 94583 PO Box 1398 Crockett, CA 94525 Pittsburg, CA 94565 East Bay Municipal Utility District E.I-DuPont de Nemours IT Corporation ,c Community Affairs Office �( PO Box 310 4585 Pacheco Blvd. 375- 11th Street, Mail Slot 802 6000 Bridgehead Road Martinez, CA 94553 Oakland, CA 946074240 Antioch, CA 94509 Pactel Properties P G & E Shell Oil Company Attn: Assistant Manager , Gas Department X/- PO Box 711 111 Pine Street, Ste. 1425 1919 Webster St., 4th Floor Martinez, CA 94553 San Francisco, CA 94111 Oakland, CA 94612 Systron-Donner Corporation Tosco Corporation U.S. Steel/Posco 2700 Systron Drive Avon Refinery I( PO Box 471 Concord, CA 94518 Martinez, CA 94553 Pittsburg, CA 94565 UNOCAL Sabiha Gokcen Tom Lindemuth San Francisco Refinery 2047 Olympic Drive 501 Daisy Place 1380 San Pablo Ave. Martinez, California 94553 Pleasant Hill , Calif.94523 Rodeo, CA 94572 Craig Andersen, Attorney Tom Adams, Attorney Tom Powers I-P, 0, Box 5926 651 Gateway Boulevard #900 X 80 Nicholl Avenue Concord, California 94520 South San Francisco, Calif. Richmond, California 94801 94080 Marj Leeds Leslie Stewart Wickland Oil Company 4721 Pleasant Hill Road, East 3398 Wren Avenue 3640 American River Drive Martinez, California 94553 Concord, California 94519 Sacramento, California 95864 Attn: Don Hall Scott A. Anderson P. 0. Box 1398 Pittsburg, California 94565 Richard Hallford x.84 Quail Lane Martinez, California 94553 Bruce Paltenshi )---611 Las Juntas Street Martinez, California 94553 Cathy Adams P. 0. Box 988 Martinez, California 94553 Greg Feere Contra Costa Blvd., Trades 4— Councel 3234 Westbourne Drive Antioch, California 94509 Tom Stewart .- 816 Main Street Martinez, California 94553 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER COUNTYWIDE AREA NOTICE is hereby given that on Tuesday, June 18 , 1996 , at 4 : 00 p.m. in Room 107 of the County Administration Building, corner of Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matters : Recommendation of the Contra Costa County Planning Commission on a proposed ordinance which would repeal Chapter 84- 63 and add a new Chapter 84-63 which requires land use permits for certain projects involving hazardous waste or hazardous materials . The proposed ordinance sets forth criteria for requiring land use permits which gives greater emphasis to factors involving potential health and safety risks . Article 84- 63 . 12 of Chapter 84-63 , added by Ordinance No. 90-73 , is renumbered and readopted in its entirety as Article 84-63 . 14 . This ordinance would apply to the Heavy Industrial (H-I) , Light Industrial (L-I) and Controlled Manufacturing (W3) Zoning Districts in the unincorporated area, County File ZT 3-96 . The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California. (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building, Martinez, California) If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. Date : May 31, 1996 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ByCL- 00jAiAk Ann ervelli, Deputy Clerk All Commissioners PRESENT. . S�aff Present: Barry & Kutsur. COUNTY PLANNING COMMISSION MAY 28, 1996 I ' ROOM 107-COUNTY ADMINISTRATION BUILDING a. �I• PINE AND ESCOBAR STREETS, MARTINEZ lJ 1 CHAIR: J.Straus VICE-CHAIR: H.Wong COMMISSIONERS: R.Clark, C.Gaddis,J. Hanecak,J. Pavlinec, M.Terrell NOTICE: Commission may change the order of items on the agenda at the beginning of the meeting. Except for the public comment item, no new items involving the opportunity for public hearing will be considered by the Commission after 11:00 p.m.unless specifically authorized by a unanimous vote of the Commission present. Items not heard may be rescheduled to the next hearing. Environmental Impact Reports have been prepared for each of the agenda items indicated by an asterisk •••••7:30 P.M..:... No Public Comment. 1• PUBLIC IC COMMENTS ORDINANCE TFXT AMENDMENT:rQNTINUFD P 1R I .HEARING 2. 1 AND USF PFRMITS FOR DEVFLOPMFNT PROJECTS INVOLVING HAZARDOUS WASTE OR HA7ARDOlJS APPROVED Draft Ord. MATERIAI s,County File#ZT 3-96: This is a hearing to consider an ordinance which would repeal Chapter 8463 and With corrections & add a new Chapter 8463 which requires land use permits for certain projects involving hazardous waste or hazardous materials. The proposed ordinance sets forth criteria for requiring land use permits which gives greater emphasis to Staff modifications. factors involving potential health and safety risks. This ordinance would apply to the Heavy Industrial (H-1), Light Industrial(L- and Controlled Manufacturing(W-3)Zo�ing Districts in the unincorporated area. (Continued from 5-14 CK 96) 3. ADOPTION OF FINDINGS: ('R 04 No FINDINGS FOR ADOPTION, C v-si4f" &Y - 63 1 odoecO Lo� Ord Inc.ntC_ U0 X0 -13 , / 5 NO Staff Reports. 4• STAFF REPORT; r e_n i...r4b Er-cc,P Cf\d No CG nmdssloners' 5. COMMISSIONFRS' COMM NTS: cOI cents. No Communications. 6. COMMUNICATION';: 7. ADJOURNMENT TIME: 10:26 P.M. PLEASE NOTE: THE NFXT MEETING OF THF CONTRA COSTA COUNTY PLANNING COMMISSION Wil l BF ON TIUFSDAY,JUNF 11, 1996. The Planning Commission at hearings on zoning matters,variances or land use permit applications, must base their decision on competent evidence. Letters will be received and filed but cannot, in general, be considered competent evidence unless personally presented at a hearing by a witness, subject to examination. Recordings of this hearing are available for reviewing or copying purposes at the Community-Development Department Offices during normal business hours. Advance arrangements may be made by calling 335-1285. O NOTICE OF A PUB IC EARING You are hereby notified that on TUESDAY, MAY 14, 1996 at 7:30 p.m. in Room 107, McBrien Administration Building, 651 Pine Street, Martinez, California, the Contra Costa County Planning Commission will consider an ORDINANCE TEXT AMENDMENT described as follows: LAND USE PERMITS FOR DEVELOPMENT PROJECTS INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIALS, County File #ZT 3-96: This is a hearing to consider an ordinance which would repeal Chapter 84-63 and add a new Chapter 84-63 which requires land use permits for certain projects involving hazardous waste or hazardous materials. The proposed ordinance sets forth criteria for requiring land use permits which gives greater emphasis to factors involving potential health and safety risks. This ordinance would apply to the Heavy Industrial (H-1), Light Industrial (L-1) and Controlled Manufacturing (W-3) Zoning Districts in the unincorporated area. If you challenge the project in court, you may be limited to raising only those issues you or. someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to, the public hearing. For further details, contact the Contra Costa County Community Development Department, 651 Pine Street, Martinez, California, or phone CATHERINE KUTSURIS at (510) 335-1237. Harvey E. Bragdon, Director Contra Costa County Community Development Department 0 16 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT STATE OF CALIFORNIA In the Matter of the Notice of Public Hearing to consider: ORDINANCE TEXT AMENDMENT: LAND USE PERMITS FOR DEVELOPMENT PROJECT INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL, County File #ZT 3-96. STATE OF CALIFORNIA ) :s, County of Contra Costa ) I, Audrey Woods, of said County and State declare: That I am and at all time herein mentioned was over the age of eighteen years; That on Wednesday, the 1st day of May, 1996, 1 mailed notices indicating the time and place of the above public hearing. The same was mailed to all addressed on the list attached which list is made a part of this affidavit. I declare under penalty of perjury that the foregoing is true and correct. Executed at Martinez, California on May 1, 1996. 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