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HomeMy WebLinkAboutORDINANCES - 03311987 - 86-100 771 � ORDINANCE NO. 86-100 (Land Use Permits for Development Projects Involving Hazardous Waste or Material) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. Existing 'County Ordinance Code provisions allow non-residential uses in the- L-I light industrial district, the W-3 controlled heavy industrial district, and the H-I heavy industrial district as permitted uses. This ordinance amends Articles 84-58.2, 84-60.2, and 84-62. 2 to prohibit any development project or expansion involving hazardous waste or hazardous material in any of said districts except in compliance with the provisions of a new chapter 84-63 which establishes standards and procedures for such projects and' expansions. SECTION II . Section 84-58. 202 of the County Ordinance Code is amended to read: 84-58 . 202 General Provisions , All land within the L-I light industrial district may be used for any of the following uses, under the regulations. set forth in this chapter and in chapter 84- 63. (Ord. 86-100 § 2i ' prior code § 8163 : Ords. 1046, 1006, 382. ) SECTION III . Section 84-60.402 of the County Ordinance Code is amended to read: 84-60.202 General Provisions. All land within the W-3 controlled heavy industrial district may be used for any of the following uses, under the regulations set forth in this chapter and in cha ter 84-63. (Ords. 8600 § 3, 67-58 § 1: prior code § 8163.1. ) SECTION IV. Section 84-62-. 202 of the County Ordinance Code is amended to read: 84-62.202 General provisions . All land within the H-I heavy industrial district may be used for any of the following uses , under the regulations set forth in this chapter and in chapter 84- 63. (Ords. 86-100 § 4 , 1569: prior code § 8164: Ords. 1046, 382. ) SECTION V. Chapter 84-63 is added to the County Ordinance Code to read: CHAPTER 84-63 LAND USE PERMITS FOR DEVELOPMENT PROJECTS _INVOLVING HAZARDOUS WASTE OR HAZARDOUS MATERIAL, Article 84-61 . 71 General 84-63 .202 1'ur�se. The purpose of this chapter is to require land use permits for new and suhst,:infially expanded ° with the term "hazardous material , " "manage" means to store or transport ardous material . (Ord. 86- 100 § 5 . ) 84-63 . 414 "Store" "Store" means an act to contain hazardous waste or hazardous material, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal or use of such hazardous waste or hazardous material , but does not include any of the following: ( 1) Onsite storage of hazardous waste for a period of 90 days or less. (2) On site storage of hazardous waste which is contained in a tank for any period of time and the quantity of the hazardous waste does not exceed 5, 000 gallons or 45 , 000 pounds , whichever is greater. ( 3 ) Onsite storage of hazardous waste in portable tanks used for a period of not more than fourteen calendar days or used to accumulate hazardous waste onsite which has been generated from onsite maintenance operations which occur less frequently than annually. ( 4 ) Storage of hazardous waste at a transfer facility for periods of 96 hours or less . (Ord. 86- 100 § 5 . ) 84-63 . 416 "Substantial expansion . " ( 1 ) "Substantial expansion" means either. of the following : (a ) A physical modification of any existing facility which will result in that portion of the facility to be physically modified in both: 1. an increase or cumulative increase of at least 10 percent of the amount of hazardous waste managed, or 25 percent of the amount of hazardous material managed; and 2 . an increase or cumulative increase of more than 2, 000 tons of hazardous waste managed, or more than 12 ,500 tons of hazardous material managed, which amount is in excess of the amount of such waste or material managed per year as of the effective date of the ordinance. Cumulative increase is defined as the sum of all related increases occurring in the facility since the effective date of the ordinance. (b) Any physical modification of an existing facility which will result in the management of 10, 000 tons per year or more of hazardous waste in that portion of the facility to be physically modified. (2 ) For purposes of computing tons of hazardous waste for this definition, the aqueous portion of any wastewater stream containing less than one percent ( 1% ) by weight of hazardous waste constituents shall not be included in the computation of the amount of hazardous waste managed provided such constituents are removed from such an aqueous stream or otherwise treated on site to render the waste non-hazardous and provided such hazardous waste constituents contained in such aqueous streams of the entire development project or substantial expansion are 100 tons per year or less . This computation shall be based on the total capacity of the development project or the substantial expansion. This method of computing tons of hazardous waste shall not be utilized where the aqueous stream is an extremely hazardous waste as determined -by the California Department of Health Services. 84-63 . 418 "Transfer facility. " "Transfer facility" means any offsite facility which is related to the transportation of hazardous waste or hazardous material, including, but not limited to, loading docks, parking areas, storage areas , and other similar areas where shipments of hazardous waste or hazardous material. are held during the normal course of transportation. (Ord. 86-100 § 5 . ) 84-63 . 420 "Transport. " "Transport" means an act to move hazardous waste or hazardous material by air , rail , highway or water. (Ord. 86-100 -3- ORDINANCE NO. 86- 100 C 84-63 . 422 "Treat. " "Treat" means an act, by any method, technique or process, including neutralization or incineration, to change the physical , chemical , or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous ; safer to transport , store or dispose of ; or amendable to recovery, storage, f6Oreduction in volume . (Ord. 86- § 5 . ) Article 84-63 . 6 Applicability 84-63 . 602 Applicability. Except as otherwise provided herein, any person proposing to construct a development project or substantial expansion in the L-I light industrial district, the W-3 controlled heavy industrial district , or the H-I heavy industrial district shall be subject to the provisions of this chapter ._ 86- 100 § 5 . ) 84-63 .604 Exemptions . The following projects and structures are exempt from the provisions of this chapter: ( 1) The replacement of any existing structure or facility substantially on the same location .on the site which is substantially the same as and used for substantially the same purpose as the structure or facility being replaced, provided that: (a) the amount of hazardous waste to be generated for disposal by the replacement structure or facility is significantly less than the amount being generated for disposal by the structure or facility replaced, in accordance with regulations proposed or reviewed by a Board approved Hazardous Materials Commission and adopted by the Board of Supervisors, and (b) the existing facility is shut down when the replacement facility becomes fully operational. . (2 ) The restoration or rehabilitation of deteriorated or damaged structures or facilities at the same location on the site, if the amount of hazardous waste to be generated for disposal is significantly less than the amount being generated for disposal by the restored or rehabilitated structure or facility, in accordance with regulations proposed or reviewed by a Board approved Hazardous Materials Commission and adopted by the Board of Supervisors. (3 ) Pipelines and related equipment. (4 ) Any project for which permits have been issued pursuant to the Federal Resource Conservation and Recovery Act and the California Hazardous Waste Control Law or which has obtained vested rights prior to the effective date of this chapter. ( 5) Any project which consists only of the maintenance, replacement, repair , replication, or augmentation of existing equipment and which does not require the issuance of a building permit. -4- ORDINANCE N'0. 86- 100 ( 6 ) A project consisting of reconstruction or repair of existing facilities which costs less than 25 percent of the assessed valuation of the structure at the time of reconstruction or repair. (7 ) Any project built solely to comply with federal or state laws, regulations , rules, or administrative or judicial orders under a compliance time schedule which precludes timely review under this chapter. ( 8) Any project for which an environmental impact report preparation process began prior to July 1 , 1986, and for which the county is the administrative agency. (Ord. 86--100 § 5 . ) Article 84-63 . 8 Standards and Procedures 84-63 .802 Application for certificate of exemption. Any person proposing a development project or substantial expansion shall apply to the community development department for review and a determination by the zoning administrator whether this chapter is applicable and whether the structure or project is exempt under article 84-63 . 6. The applicat?.cn shall be in the form prescribed by the director of community development and shall include appropriate and reasonable hazardous waste and hazardous material baseline information. The application shall be accompanied by all fees established by the board of supervisors . - (Ord. 86-100 § 5. ) 84-63 .804 Application for land use permit. Any person proposing a development project or substantial expansion which is determined by the zoning administrator not to be exempt from the provisions of this chapter shall apply for a land use permit. The application shall conform to the requirements of article 26-2. 20 and chapter 82-6 . No later than thirty ( 30 ) days after receipt of an application under this section, the Community Development Department shall confirm in writing that it is complete, or shall specify in writing what additional information must be submitted by the applicant in order to make the application complete. (Ord. 86-100 § 5 . ) 84-63 .806 Rebuttable presumption. Any proposed development project or substantial expansion which is subject to the provisions of this chapter, and which has obtained all required federal and state permits and other governmental authorizations to manage hazardous waste or hazardous material, including but not limited to permits or authorizations under the Federal Resource Conservation and Recovery Act ( 42 U.S.C. Section 6901 et seq. ) , the California Hazardous waste Control Law (Health and Safety Code Section 25100 et seq. ) , the California Underground Storage of Hazardous Substances Act (Health and Safety Code Section 25280 et seq. ) , the California Toxic Air Contaminants Law (Health 6 Safety Code Section 39650 et seq. ) , and Food and Agriculture Code Section 14021 et seq. ) , and which has complied with the requirements of the Hazardous Substances Information and Training Act (Labor Code Section 6360 et seq. ) shall be rebuttably presumed not to significantly and adversely affect public health or the environment. (Ord. 86- 100 § 5, ) 84-63 .808 Further exemptions. In the case of a development project or substantial expansion which is entitled to the presumption set forth in Section 84-63 . 806, the zoning administrator shall , on the basis of the complete application, find that the development project or substantial expansion is an exempt permitted use if he determines all of the following are met: -5- ORDINANCE NO. 86- 100 ( 1) As proposed, it will not significantly and adversely affect public health or the environment. ( 2 ) The findings required by section 26-2.2008 can be made. ( 3) It will not: (a ) cause excessive noise or vibration, except from transportation and construction, discernible at the nearest residentially zoned parcel . (b) cause significant direct or sky-reflected glare or heat perceptible from the nearest residentially zoned parcel. (c) emit odorous emissions perceptible at the nearest residentially zoned parcel . (d) cause change in existing natural features , including, but not limited to, bays , lakes , hills, and vegetation. (e ) cause change in scenic views or vistas from public areas . ( f ) cause change in quality, quantity, flow, or existing drainage of public waters . (g ) cause change in use or access to existing recreational areas or navigable streams. (h) have an adverse impact on significant natural habitats of plants , animals , or wildlife. (i ) create need for new or expanded public services . ( j ) cause significant additional traffic generation or increase vehicular problems . (k ) create an aesthetically offensive site open to public view. ( 1 ) substantially interfere with the movement of any resident or migratory fish or wildlife species .- (m) conflict with established recreational, educational religious, or scientific uses of the area. (Ord. 86-100 § 5 . ) 84-63 .810 Effect on public health and environment. ( 1) For any development project or substantial expansion which is not exempted as a permitted use under the provisions of Section 84-63.808, the zoning administrator shall , based on the complete application and any further information that may be required, determine whether the project or expansion could significantly and adversely affect public health or the environment. (2 ) If the zoning administrator determines that the project or expansion will not significantly and adversely affect public health or the environment, the project or expansion is an exempt permitted use, provided the conditions set forth in Section 84-63. 808 are met. ( 3 ) If the zoning administrator determines that the project or expansion could significantly and adversely affect public health or the environment, a land use permit shall be required. (Ord. 86100 § 5. ) 84-63 .812 Decisions - Notice. All decisions and determinations made pursuant to this chapter shall be made in writing and shall be summarized in the next agenda of the county planning commission. (Ord. 86-100 § ' 5, ) 84-63 .814 Appeals. Appeals from all decisions and determinations made pursuant to this chapter shall be governed by the land use permit provisions of article 26-2. 24 and are subject to the provisions of article 26-2. 30 ; provided that the time .for filing an appeal from a decision or determination made by the zoning administrator shall be .no more than 10 calendar days from the date of the county planning commission meeting on whose agenda the decision or determination is summarized, but in no event more than 30 days after the date of the decision or determination. (Ord. 86100 § 5 . ) -6- ORDINANCE NO. 86-100 Article 84-63 . 10 Land Use and Variance Permits 84-63 .1002 Granting. Land use permits required under this chapter and variance permits to modify its provisions may be granted in accordance with the provisions of chapters 26-2 and 82-6 . (Ord. 86100 § 5 . ) 84-63 .1004 Term. Land use permits issued under this chapter shall expire fifteen ( 15 ) years after the date of issuance and shall be automatically renewed for an additional fifteen ( 15 ) year term, upon application to 'the community development department before expiration of the original land use permit, or current renewal , and the determination by the zoning administrator that the project or expansion complies with all requirements of section 84-63.808 and any new requirements of the county that can reasonably be met. (Ord. 86-100 § 5. ) SECTION VI . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Tines a newspaper published in this County. PASSED on December 9 , 1986 by the following vote: AYES: Supervisors Fanden , McPeak , Schroder , Torlakson , Powers . NOES: None . ABSENT: None. ABSTAIN: None . ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator f 1 By Z? Deputy Board Chair [SEAL] SBM:VJW:df (11-3-86) (11-21-86) (12-3-86 ) -7- ' ORDINANCE NO. 86-100