HomeMy WebLinkAboutMINUTES - 06251996 - D16 I \
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TO: BOARD OF SUPERVISORS � a
r
FROM:
HARVEY E. BRAGDON COUI /
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: June 25, 1996
SUBJECT: Adoption of Proposed Replacement of the Hazardous Materials Land Use
Ordinance (County Code Chapter 84-63)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. FIND the adoption of this ordinance exempt from the California
Environmental Quality Act under Section 15061(b) (3).;
2. ADOPT the ordinance entitled, "Land Use Permits for
Development Projects Involving Hazardous Waste or Hazardous
Materials";
3 . CONCUR with Community Development that trade secret
information will not be requested to determine whether a land
use permit is required;
4. DIRECT the Community Development Department to submit a report
to the Hazardous Materials Commission one year after the
effective date of the ordinance which evaluates the
implementation of the ordinance including the number and types
of applications received; and
5. REFER the remaining issues raised during the hearing to the
Board's Ad Hoc Committee on Industrial Safety and the
Hazardous Materials Commission for hearing and report within
60 days.
FISCAL IMPACT
Implementation of the proposed Ordinance will result in additional
costs for the Community Development Department and fo bu inesses
subject to its provisions.
CONTINUED ON ATTACHMENT: YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ION 0 B ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON --June APPROVED AS RECOMMENDED x OTHER x
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: 3,4_,5,2 NOES: 1 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 T,,,,P 95, 1C)gF
cc: Community Development Department PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Health Services DepartmentCOUN DMINISTRATOR
Hazardous Materials Commission a
-(via HSD) BY , DEPUTY
COD:aw
J:\AdopHaz.bo
June 25, 1996
Page Two
Agency Costs: 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 knowledge of many
of the industrial businesses located in our County.
With the Health Department's assistance, staff expects 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.
BACKGROUNDIREASONS FOR RECOMMENDATIONS
On June 18, 1996, the Board approved a motion to introduce and
waive reading on the "Hazardous Materials Land Use Ordinance" as
recommended by the County Planning Commission with the following
changes:
Section 84-63.604 (b) : Exemptions: This section was amended to
address "off-site" fires; fires which originate on a site would
not fall within the provisions of this section.
Section 84-63 . 604 (b) (2) : This section was amended to specify
that the rebuilt project must include Best Available Control
Technology or at least the same level of control that
previously existed whichever provides the greatest level of
protection to the public.
Section 84-63 .802 : Application for Applicability
Determination: This section was amended to specify that an
application for a determination of non-coverage is not
required for projects with a score of 69 or less if that
project does not increase the amount of hazardous waste or
hazardous materials managed as compared to the baseline of the
last three years.
A copy of the ordinance as amended is attached. (Exhibit A)
The Board also questioned which projects would be affected by the
exemption provided by Section 84-63 . 606. Our Department does not
have a record of any business requesting an exemption pursuant to
this section of the Code, and there are no pending projects, of
which we are aware, that could utilize this exemption. This
section was included as part of the original ordinance (Ord. 86-
100) , and likely applied to the Dow Chemical Company which was
processing applications for an incinerator project during the
drafting of Ordinance 86-100. The Industrial Associations have
been contacted to ascertain whether they have knowledge of any
proposed facility that might be able to use this exemption. Any
information they provide will be reported to the Board.
The Board also decided to revisit the safety issues raised by
numerous speakers during the hearing by referral of those matters
to the Board's Ad Hoc Committee on Industrial Safety and the
Hazardous Materials Commission for hearings and report back to the
Board. Staff suggests that a 60 day period for the Committee to
complete its work should be sufficient.
j:\adophaz.bo
ADDENDUM TO ITEM D. 16
JUNE 25, 1996
On June 18 , 1996, the Board of Supervisors introduced,
waived reading, and set June 25, 1996 , for consideration of the
Hazardous Materials Land Use Ordinance as recommended by the
Contra Costa County Planning Commission and as amended by the
Board of Supervisors .
Dennis Barry, Community Development Department, presented
the staff report, read recommendations 1 through 5, and advised
the Board of the revision of the referral in recommendation 5 t o
include the Hazardous Materials Commission.
Supervisor Torlakson advised the Board that he had prepared
a memo dated June 25, 1996, (Exhibit B attached) on the adoption
of proposed replacement of the Hazardous Materials Land Use
Ordinance, and he commented on his proposed various changes and
additions to the report by the Community Development Director,
and he moved the Board adopt as part of the motion his
clarifications and amplifications on the Board' s discussion.
Supervisor Smith seconded the motion, and read a statement
from Kathy Radke, 834 Carquinez Way, Martinez, requesting that
the issue of safety be addressed and supporting the 60 day review
period.
The following persons presented testimony:
Tom Adams, representing the Building Trades, presented
written material on hypothetical projects, and requested that the
Board not take action on this ordinance at this time;
Sabiha Gokcen, 2047 Olympic Drive, Martinez, in support of
the proposed ordinance;
Rosalie Benson, 735 Huntington Court, Martinez, in support
of the ordinance as proposed by the Commission;
Pete Williams, 237 Ivy Drive, Orinda, in support of the
ordinance;
Bryce Pinkham, 523 Dawkins Drive, Lafayette, for the
ordinance;
The Chair read a card from Dorothy Sakazaki, 737 Central
Avenue, Martinez, in support of the proposed ordinance before the
Board today;
Mike Rydman, 620 Edwards Street, Crockett, President, Local
12 , International Union of Petroleum Industrial Workers, in
support of the ordinance introduced on June 18, 1996 ;
Tom Lindemuth, 501 Daisy Place, Pleasant Hill, in support of
the ordinance and Supervisor Torlakson' s recommendations;
Brent Babou, 155 Corporate Place, representing TIMEC
Company, in support of the ordinance;
Jeff Straus, 145 Cafeto Court, Walnut Creek, in support of
adoption of the ordinance before the Board;
Howard Adams, 720 Kendall, Crockett, in support of the
ordinance;
Greg Feere, 935 Alhambra Avenue, Martinez, representing the
Contra Costa Building Trades Council, urged the Board to take
more time to have something good for the community;
1
John Sakomoto, 3096 Bernard Avenue, San Ramon, Eichleay
Engineers, Inc . , Chair, Contra Costa Council Industrial Task
Force, in support of the Hazardous Material Commission ordinance;
Linda Best, 3182 Old Tunnel Road, Suite E, Lafayette,
representing the Contra Costa Council, urged the Board to adopt
the Hazardous Materials Commission ordinance;
Leslie Stewart, 3398 Wren Avenue, Concord, presented written
material on groups involved in the Hazardous Materials Commission
Land Use ordinance, expressed support for the ordinance and
addressing additional issues by the Hazardous Materials
Commission;
The Chair read cards from Bob Manley, 2103 Bryce Drive,
Martinez, in support of the ordinance; Barbara J. Woodburn, 621
Brackman Lane, Martinez, in support of the ordinance; Sherri
Anderson, 2206 Sand Point Road, Discovery Bay, in support of the
adoption of the ordinance as is; Pat Leiser, 1408 Harris Court,
Antioch, in support of the ordinance as it was introduced last
Tuesday;
Dan Hall, 3640 American River Drive, Sacramento, Vice-
President of Wickland Oil Company, in support of the staff
recommendations as modified by Supervisor Torlakson;
Kathy Adams, P.O. Box 988, Martinez, Executive Director of
the Industrial Association, in support of the ordinance;
Terry Raines, 1325 Corona Place, Walnut Creek, in opposition
to the ordinance;
The Chair read a comments from Dale Peterson, 3428 Bluejay
Drive, Antioch, in support of Supervisor Torlakson' s motion;
Tom Baca, 213 Midway Drive, Martinez, spoke on the unions
and refineries;
Stan Boren, 200 Promenade Lane, Danville, urged the Board to
support Supervisor Torlakson' s motion;
John Wolfe, 820 Main Street, Martinez, Executive Vice-
President, Contra Costa Taxpayers ' Association, urged the
ordinance be adopted as recommended.
Supervisor Bishop requested that Supervisor Torlakson
restate his motion.
Supervisor Torlakson advised that he motion would be to
adopt the ordinance as reported to the Board by staff following
the motion last week, but to further clarify that it is going
both to the Ad Hoc Industrial Safety Committee and to the
Hazardous Materials Commission and would include points 6, 7, and
8 in his memo, with 7 including the additional specific items
that were discussed in public testimony or by the Board.
Supervisor Smith clarified that the motion would include the
closing of the hearing.
Supervisor Rogers requested clarification on exemptions .
Supervisor Bishop indicated support for the motion.
The Board discussed the issue of recommendations being
brought back from the Ad Hoc Industrial Safety Committee and the
Hazardous Materials Commission and the timeframe involved.
Supervisor Smith proposed to amend to ask that within 30
2
days the Ad Hoc Industrial Safety Committee would come back with
a general scoping plan.
Supervisor Torlakson concurred.
The Board further discussed the matter.
IT IS BY THE BOARD ORDERED that the hearing is CLOSED;
Ordinance No. 96-20 , Land Use Permits for Development Projects
Involving Hazardous Waste or Hazardous Material, is ADOPTED; the
staff recommendations as listed and amended by Supervisor
Torlakson' s memo are ADOPTED; and the Had Hoc Committee on
Industrial Safety is DIRECTED to report to the Board of
Supervisors on July 23 , 1996, on the development of a general
scoping plan for action on the issues referred to the Committee .
3
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r
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-I 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 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
June 19, 1996 (marked draft)
DRAFT showing 6=18-96 Board modifications
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-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.
ORD. 96-
June 19, 1996 (marked draft) - 2 -
DRAFT showing 6-18-96 Board modifications
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.
(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.)
ORD. 96-
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DRAFT showing 648-96.Board modifications
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 19, 1996 (marked draft) -4 -
DRAFT showing 6-18-96 Board modifications
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-
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DRAFT showing 6-18-96 Board modifications
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;
GF-0 t 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 ':.W* hterprids'
..
tiegreats level..of prcttr# t putlj ;
(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
ORD. 96-
June 19, 1996 (marked draft) - 6 -
DRAFT showing 6-18-96 Board modifications
or sensitive receptor than the destroyed or damaged project; and
(7) The rebuilt project will not manage Hazard Category A materials in
quantities greater than the destroyed or damaged project, will not manage
hazardous wastes in quantities greater than the destroyed or damaged project,
will not manage Hazard Category B materials in quantities greater than 10%
more than the amount managed by the destroyed or damaged project, and will
not manage Hazard Category C materials in quantities greater than 10% more
than the amount managed by the destroyed or damaged project.
(c) A development project in which both the size, as defined in section 84-
63.1012 and the monthly transportation quantity are less than:
(1) for Hazard Category C materials - 4000 tons
(2) for Hazard Category B materials - 5 tons
(3) for Hazard Category A materials - the quantity specified as the Threshold
Planning Quantity on the Extremely Hazardous Materials List (Appendix A to
40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or
500 pounds, whichever is less.
(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
ORD. 96-
June 19, 1996 (marked draft) - 7 -
DRAFT showing 6-18-96 Board modifications
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
. d .:::application pursuant to this section. ff ......
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ter 6 aid an appliton therefor are dot fed:,
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
ORD. 96-
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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.
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:
ORD. 96-
June 19, 1996 (marked draft) - 9 -
DRAFT showing 6-18-96 Board modifications
"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.
(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
ORD. 96-
June 19, 1996 (marked draft) - 10 -
DRAFT showing 6-18-96 Board modifications
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
>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
ORD. 96-
June 19, 1996 (marked draft)
DRAFT showing 6-18-96 Board modifications
>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
>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 chancre, tons (Conversion to tons; 1 ton = 2000 pounds) (A):
>40,000 30
>32,000 - 40,000 29
>18,000 - 32,000 28
ORD. 96-
June 19, 1996 (marked draft) - 12 -
DRAFT showing 6-18-96 Board modifications
>10,000 - 18,000 27
>6,000 - 10,000 26
>4,000 - 6,000 25
>2,100 - 4,000 24
>1,200 - 2,100 23
>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
ORD. 96-
June 19, 1996 (marked draft) - 13 -
DRAFT showing 6-18-96 Board modifications
>0.20 - 0.25 5
>0.18 - 0.20 4
>0.14 - 0.18 3
>0.12 - 0.14 2
>0.10 - 0.12 1
no change (0.10 or less) 0
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
concurrently close another project or reduce its operations and finds that all of the
ORD. 96-
June 19, 1996 (marked draft) - 14 -
DRAFT showing 6-18-96 Board modifications
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 19, 1996 (marked draft) - 15 -
DRAFT showing 6-18-96 Board modifications
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,
6, 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 19, 1996 (marked draft) - 16 -
DRAFT showing 6-18-96 Board modifications
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 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
ORD. 96-
June 19, 1996 (marked draft) - 17 -
DRAFT showing 6-18-96 Board modifications
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.
(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.
11. 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).
ORD. 96-
June 19, 1996 (marked draft) - 18 -
DRAFT showing 6-18-96 Board modifications
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.
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
ORD. 96-
June 19, 1996 (marked draft) _ 19 -
DRAFT showing 6-18-96 Board modifications
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.
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
ORD. 96-
June 19, 1996 (marked draft) - 20 -
DRAFT showing 6-18-96 Board modifications
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
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
ORD. 96-
June 19, 1996 (marked draft) - 21 -
DRAFT showing 6-18-96 Board modifications
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
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.3tordhz619.96 [SEAL]
ORD. 96-
June 19, 1996 (marked draft) - 22 -
Lx4 $�i ,- 3
R
ENO
JUN 2 51
MEMORANDUM �cvtso�
DATE: June 25, 1996
TO: BOARD OF SUPERVISORS
FROM: Supervisor Tom Torlakson, District Five
SUBJECT: ADOPTION OF PROPOSED REPLACEMENT OF THE
HAZARDOUS MATERIALS LAND USE ORDINANCE (COUNTY
CODE CHAPTER 84-63)
I would like to offer the following changes and additions to the above referenced report to
the Board of Supervisors by Harvey Bragdon, Director of Community Development,
dated June 25, 1996:
5. Refer to the Ad Hoc Committee and the Hazardous Materials Commission.
6. Acknowledge that the Hazardous Materials Commission Ordinance does not
completely address the Board of Supervisor's concerns regarding safety in and around
plants which handle hazardous substances that pose safety risks to the community and to
the workers of Contra Costa County.
7. All issues raised at the public hearing are referred to both the committee and
commission and that amendments to the Hazardous Materials Ordinance can be
considered a well as issues raised in the Good Neighbor Ordinance. Issues to be
addressed should include the following:
• To what degree have accidents been related to identified maintenance needs and
projects which were deferred too long?
• Should the point count matrix be adjusted to address a wider range of
circumstances and possible projects?
To what degree have accidents been related to improperly done welds?
• Should replacing a burned or destroyed facility be based upon an evaluation on
whether it is a proper place for such a hazardous substance facility?
Board of Supervisors
June 25, 1996
Page TWO
• Are there risks in transportation of hazardous materials by trucks and rail that
warrant new county regulations or greater county, state & federal agency
enforcement?
• Should permits be required for projects at facilities that handle hazardous wastes,
extremely hazardous wastes, hazardous materials and acutely hazardous materials
above certain thresholds?
• What further county review or permit process should be developed for facilities
that handle piped petro-chemical products or wastes under high pressure and
temperature in the context of new facilities, expansion of capacity at existing
facilities, modernizations with no capacity expansions, scheduled turnaround
maintenance or major repairs, and emergency repair projects.
• Should special safety measures and inspections for high pressure high temperature
pipe welds be required -- including worker certification, higher level of x-ray
inspection of certain welds, and welds inspected by independent certified
inspectors--be implemented?
• What role should the county have, if any, in determining facility compliance with
Process Safety Management Standards and Hazard and Operability Studies and
should this compliance be required by ordinance?
• Is the current accident review team process adequate?
• What additional reporting provisions may be needed to improve accident
prevention?
• What further steps would enhance facility manager accident reporting including
county procedures and changes in State law?
8. The Board directs the staff in the Health Services and Community
Development Departments to provide the Ad Hoc Committee on Industrial Safety and the
Hazardous Materials Commission background information and compilation of new
information in such a manner as to facilitate their reports for hearings before the Board in
60 days.
Board of Supervisors
June 25, 1996
Page THREE
Additional Background:
The Board of Supervisors and the public addressed concerns regarding the issue of fires,
explosions and releases of hazardous substances, particularly experienced in petro-
chemical plants in Contra Costa County in recent years.
Safety of communities and workers still presents itself in many ways as an issue that has
to be further addressed. There is clearly a need to address the fires, explosions and
releases that still continue to occur in our petro-chemical plants despite the best efforts of
industry. A full analysis of the causes and possible remedies is needed as soon as
possible.
The Board of Supervisors acknowledges that more has to be done to prevent fires,
explosions and releases. Moreover, it should not take a long period of time to address
these concerns.
Testimony pointed to turnarounds and major repair projects to be times where higher
risks of accidents may be present. What evidence can be developed as to the scheduling
and risks surrounding maintenance and repair work?
Finally, while there are many state and federal regulations, questions have been raised
regarding the range of these regulations and whether they can adequately assist in the
further reduction of the causes of accidents and reduction of future risks. Questions
have been raised regarding the adequacy of current enforcement agency staffing.
TT:gro
IL
ORDINANCE NO. 96-20
(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
permits for development projects which could significantly and adversely affect public
health, safety and the environment.
(Ords. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20 § 3.)
84-63.410 "Development proiect." (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. 96-20
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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.
(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. 96-20 § 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. 96-20 § 3, 86-100.)
84-63.414 "Equipment." "Equipment" means pipes, pumps, vessels and other
similar types of apparatus.
(Ord. 96-20 § 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. 96-20 § 3.)
84-63.418 "Hazardous material." "Hazardous material" means any material
that, because of its quantity, concentration, or physical or chemical characteristics,
ORD. 96-20
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i
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.
(96-20 § 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. 96-20 § 3, 86-100.)
84-63.422 "Manage." "Manage" means to generate, treat, store, transport,
use or dispose of hazardous material or hazardous waste.
(Ords. 96-20 § 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:
ORD. 96-20
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(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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20 § 3, 86-100.)
ORD. 96-20
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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. 96-20 § 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, offsite 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, whichever provides
the greater level of protection to the public,
(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. 96-20
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(7) The rebuilt project will not manage Hazard Category A materials in
quantities greater than the destroyed or damaged project, will not manage
hazardous wastes in quantities greater than the destroyed or damaged project,
will not manage Hazard Category B materials in quantities greater than 10%
more than the amount managed by the destroyed or damaged project, and will
not manage Hazard Category C materials in quantities greater than 10% more
than the amount managed by the destroyed or damaged project.
(c) A development project in which both the size, as defined in section 84-
63.1012 and the monthly transportation quantity are less than:
(1) for Hazard Category C materials - 4000 tons
(2) for Hazard Category B materials - 5 tons
(3) for Hazard Category A materials - the quantity specified as the Threshold
Planning Quantity on the Extremely Hazardous Materials List (Appendix A to
40 C.F.R Chapter I, Subchapter J, Part 355, as amended from time to time), or
500 pounds, whichever is less.
(Ords. 96-20 § 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. 96-20 § 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
ORD. 96-20
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84-63.606. Projects exempt under section 84-63.604(c) are not required to submit an
application pursuant to this section. If the hazard score of a project is 69 or less and
the project does not increase the amount of hazardous waste or hazardous material
managed as compared to the baseline of the last three years, a determination of non-
coverage and an application therefor are not required.
The application shall include all information necessary to complete and verify
the hazard score of the project, such as chemical identification, distances to nearest
receptors, and transportation routes. The application shall be accompanied by all
fees established by the Board of Supervisors.
(Ords. 96-20 §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. 96-20 § 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. 96-20 § 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. 96-20 § 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
ORD. 96-20
- 8 -
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. 96-20 § 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. 96-20 § 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.
(96-20 § 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";
ORD. 96-20
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"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.
(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
ORD. 96-20
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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
>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. 96-20
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>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
>4,000 - 6,000 25
ORD. 96-20
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>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
>0.14 - 0.18 3
>0.12 - 0.14 2
ORD. 96-20
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>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% - 1% 0
HAZARD CATEGORY OF MATERIAL (H)
Category A 5
Category B 3
Category C 1
(c) Credit for reductions orprojects 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
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;
ORD. 96-20
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(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.
(96-20 § 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
ORD. 96-20
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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. 96-20 § 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. 96-20 § 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. 96-20 § 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.
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. 96-20 § 3.)
ORD. 96-20
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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. 96-20 § 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.
(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.
ORD. 96-20
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(c) Hazard Categories.
Hazard Category A Materials
I. Forbidden Materials
As referenced in 49 CFR 173.21 and 173.54.
11. 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
(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).
ORD. 96-20
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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. 96-20
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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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20
- 20 -
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. 96-20 § 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. 96-20 § 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. 96-20 § 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. 96-20
- 21 -
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 June 25, 1996 , by the following vote.
AYES: BISHOP, DESAULNIER, TORLAKSON, SMITH
NOES: ROGERS
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors and
County Administrator
J
By: i0JAA,.. A-)
Deputy oard Chair
LTF:bmw:df.31.ordhz626.96f [SEAL]
ORD. 96-20
- 22 -
RECEIVED
COMPARISON OF PROPOSED HAZARDOU JUN 2 5 1996
MATERIALS ORDINANCES
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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 EPA,RMP,OSHA PSM,County
- triggered by a matrix of factors RMPP
Scope:
- covers new facilities and expansion of ✓ ✓
capacity at existing facilities
- covers major repair and reconstruction EPA RMP,OSHA PSM,County ✓
projects without capacity increase RMP
- covers major maintenance or shutdown EPA RMP,OSHA PSM,County ✓
turnaround projects RMPP
Requires update Hazardous and Operability RMPP,RMP,OSHA PSM ✓
Study for facilities handling acutely hazardous
materials
Requires an evaluation of the accident risk to RMPP,EPA RMP ✓
on-site and off-site persons
Requires a quantitative analysis of any Clean Air Act ✓
si cant health risk
Requires a map showing all populations at risk EPA RMP, County RMPP ✓
of exposure
Requires special safety measures for high- ASME Standard enforced by ✓
temperature and high-pressure welds CalOSHA
Requires a compliance audit and findings EPA RMP,OSHA PSM,RMPP ✓
regarding facility compliance with Process
Safety Management Program and Hazard and
Operability Study
Requires County to serve as local Federal EPA conducts reporting for
clearinghouse:for all public agency reports on entire county. ✓
facili accidents and upsets National Response Center
Requires County review teams,including both OSHA PSM,EPA RMP ✓
management and workers,to investigate
facilitE accidents
Requires facility manager to personally present Current practice,not written ✓
reports on accidents to Board of Supervisors requirement
Repeals building permit exemption for certain N/A ✓
projects at industrial facilities
Authorizes civil penalties up to$25,000 per Part of County Codified BAAQMD
day for violation of ordinance Code,OSHA fine and EPA fine ✓
schedule.
OSHA has fined multi-million.
Requires findings that project will not pose a EPA RMP,CEQA ✓
significant risk to human health or the
environment as a result of accidents
Requires that all feasible mitigation measures EPA RMP,CEQA Vol
be im sed to reduce or minimize risks
hunatord.doc 6/25/96
RECEIVED
COMPARISON OF PROPOSED HAZARDOU JUN 2 5 1996
MATERIALS ORDINANCES
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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 EPA,RMP,OSHA PSM, County
- triggered b a matrix of factors RMPP
Scope:
- covers new facilities and expansion of ✓ ✓
capacity at existing facilities
- covers major repair and reconstruction EPA RMP,OSHA PSM,County ✓
projects without capacity increase RMP
- covers major maintenance or shutdown EPA RMP,OSHA PSM,County ✓
turnaround projects RMPP
Requires update Hazardous and Operability RMPP,RMP,OSHA PSM ✓
Study for facilities handling acutely hazardous
materials
Requires an evaluation of the accident risk to RMPP,EPA RMP ✓
on-site and off-site persons
Requires a quantitative analysis of any Clean Air Act ✓
significant health risk
Requires a map showing all populations at risk EPA RMP,County RMPP ✓
of exposure
Requires special safety measures for high- ASNIE Standard enforced by ✓
temperature and high-pressure welds CalOSHA
Requires a compliance audit and findings EPA RMP,OSHA PSM,RMPP ✓
regarding facility compliance Neth Process
Safety Management Program and Hazard and
Operability Stud
Requires County to serve as local Federal EPA conducts reporting for
clearinghouse for all public agency reports on entire county. ✓
facility accidents and upsets National Response Center
Requires County review teams,including both OSHA PSM,EPA RMP ✓
management and workers,to investigate
facility accidents
Requires facility manager to personally present Current practice,not written ✓
reports on accidents to Board of Supervisors requirement
Repeals building permit exemption for certain N/A ✓
projects at industrial facilities
Authorizes civil penalties up to$25,000 per Part of County Codified BAAQMD
day for violation of ordinance Code,OSHA fine and EPA fine ✓
schedule.
OSHA has fined multi-million.
Requires findings that project will not pose a EPA RMP, CEQA ✓
significant risk to human health or the
environment as a result of accidents
Requires that all feasible mitigation measures EPA RMP, CEQA ✓
be imposed to reduce or minimize risks
hzmatord.doc 6/25/96
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r Kf•
RECEIVED
June 25, 1996 JUN 2 5 1996
C K BOARD OF SUPERVISORS
NIRA COSTA CO.
Chairman Smith and Members of the Board of Supervisors:
As a former member of the Hazardous Materials Commission and the County's Hazardous
Waste Task Force, I am aware of the dedication and diligence of the Commission in
drafting a very innovative approach to determining risk assessment. I appreciate their
work. We all agree that health and safety of county residents and workers is the most
important concern for all.
The time to discuss this issue is fitting. Recent incidents, explosions and fires, at Contra
Costa refineries and chemical companies have alarmed residents. Our communities want
to know what can be done to protect them from future accidents that might have
disastrous consequences: In candid discussions I have had with both current and former
Commissioners, many have agreed that there is a need to examine added safety measures.
I believe that many of the suggestions contained in the latest ordinance (Good Neighbor
Ordinance) are worth reviewing and including in an expanded ordinance,and I would like
to see these addressed in the Board's Ad Hoc Hazardous Substance Committee along
with further recommendations,from the Hazardous Materials Commission.
The Board could either adopt the current ordinance and consider amending or expanding
it after the recommendations from the Ad.Hoc Committee are accepted; or the Board
might send both ordinances directly to the Ad Hoc Committee to work on simultaneous-
ly. There are pros and cons for either decision. What is important is that we address the
issue of safety now while the community is asking for protection. The 60 day review
period makes sense.
Thank you for your attention and consideration.
Kathy Radke;
Former Council Member
City of Martig6z