HomeMy WebLinkAboutORDINANCES - 04061993 - 93-29 ORDINANCE NO. 93-29
(Ordinance Extending Urgency Transfer Station Regulations)
The Contra Costa County Board of Supervisors ordains as follows :
SECTION I . Extension. Pursuant to Government Code section
65858, Ordinance No 93-20 is hereby extended for ten months and
fifteen days, to January 16, 1994 .
SECTION II . Prohibitions . No person shall use land in the
unincorporated area for a transfer station without first
obtaining a land (conditional) use permit pursuant to this
ordinance or applicable provisions of the Contra Costa County
Ordinance Code ( "Code" ) authorizing such use.
SECTION III . Permitted Zoning Districts . A land use permit may
be obtained for the operation of a transfer station on land in
the H-I heavy industrial district. A land use permit may be
obtained for the operation of a materials recovery facility on
land in the L-I light industrial district and the H-I heavy
industrial district.
SECTION IV. Land Use Permit Procedure. Land use permits for
transfer or processing stations may be considered, processed and
granted in accordance with the provisions of chapters 418-4 and,
as applicable, chapters 26-2 and 82-6 of the Code.
SECTION V. Definitions . As used in this ordinance, the
following terms have the following meanings .
(a) "Transfer station" means a facility which is primarily
utilized to receive, consolidate and load solid wastes, for
transfer to disposal facilities . Secondary functions may include
short-term storage and inspection of solid wastes .
(b) "Materials recovery facility" means a facility which is
utilized primarily to sort or separate solid wastes for the
purposes of recycling or composting. Materials recovery
facilities may additionally receive sorted and unsorted
recyclable materials . Materials recovery facility does not
include facilities that accept only source-separated materials
without charging a fee for such acceptance, such as buy-back
facilities and drop-off facilities .
(c) "Buy-back facility" means a facility which pays a fee
for the delivery and transfer of ownership to the facility of
source-separated materials, for purpose of recycling or
composting.
(d) "Drop-off facility" means a facility which accepts
delivery and transfer of ownership to the facility of source-
separated materials for the purpose of recycling or composting,
without charging or paying a fee.
(e) "Person" means any natural person, firm, association,
club, company, corporation, business trust, or their manager,
lessee, agent, servant, officer, employee, shareholder, or any of
them. The term person also includes cities, special districts,
and any other public or governmental entities or agencies, and
their officers, employees and agents .
( f) Except as set forth in subsections (a) , (b) , (c) , (d)
and (e) of this section, the definitions in the Code govern the
construction of this ordinance, unless the context otherwise
requires. In the case of any conflict between the definitions of
this ordinance and the Code, this ordinance's definitions shall
prevail . Words used in this ordinance not defined in this
section or in the Code shall have the meanings ascribed to them
in the California Integrated Waste Management Act of 1989, and
the regulations adopted pursuant thereto, unless the context
otherwise indicates .
SECTION VI . Violations and Punishment.
(a) Infraction. A violation of this ordinance is an
infraction and punishable, upon conviction, for each and every
separate offense, in accordance with the provisions of chapter
14-8 of the Code.
(b) Civil Enforcement. In addition to the penalties
provided in subsection (a) of this section, this ordinance may be
enforced by civil action in accordance with the provisions of
chapter 14-6 of the Code.
SECTION VII . Urgency Declaration. This ordinance is an interim
urgency measure authorized by state laws . The Board finds that
the establishment of any new transfer stations or materials
recovery facility as may be currently allowed constitutes a
current and immediate threat to the public health, safety, and
welfare. The facts constituting the urgency are that pursuant to
the California Integrated Waste Management Act of 1989 (Pub.
Resources Code S 40000 et seq. ) , the County and the cities are
presently in the process of developing and obtaining state
approval of a countywide integrated waste management plan and
elements thereof, for the management of solid waste. The goal of
developing and implementing the plan and elements is the
reduction of the amount of waste that is required to be disposed
of at a solid waste landfill . The Legislature has mandated a 25%
reduction of landfilled solid waste by 1995, and a 50% reduction
by the year 2000 . While the Board supports these waste reduction
requirements, the Board also acknowledges that fulfilling these
ORDINANCE NO. 93-29
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waste reduction requirements in a cost-efficient manner will
require tremendous coordination and planning. In addition to and
in furtherance of the County's continuing efforts to meet waste
reduction requirements in a cost effective manner, the County's
Planning Agency is contemplating additional new land-use
regulations for the establishment of transfer stations and other
solid waste facilities for the unincorporated area. If these
interim urgency provisions are not imposed, uses in conflict with
the contemplated measures may result, irreversible uses may
result to the detriment of the County's waste reduction efforts,
and uses may occur which would frustrate any comprehensive solid
waste-related land use regulations that may be adopted.
SECTION VIII . Report. At least ten days before the expiration
of this ordinance or any extension of it, the Community
Development Department is directed to file with the Clerk of the
Board a written report describing the measures taken to complete
the contemplated new land-use regulations and to alleviate the
condition which led to the adoption of this ordinance.
SECTION IX. Environmental Assessment. (a) Pursuant to section
15061 of the State and County CEQA Guidelines, the Board finds
and declares that this ordinance is exempt from CEQA for the
following reasons :
( 1) This ordinance is not a "project" within the meaning of
section 15378 of the CEQA Guidelines, because the ordinance
itself has no potential for resulting in a physical change in the
environment. The purpose of this ordinance is to regulate, on an
interim basis, the establishment of transfer stations and
materials recovery facilities .
(2) This ordinance is categorically exempt from CEQA under
section 15308 of the CEQA Guidelines . This ordinance is a
regulatory action taken by the County in the exercise of its
constitutional authority and in accordance with Government Code
section 65858, to assure maintenance and protection of the
environment pending the preparation and adoption of new solid
waste facilities land-use regulations .
(3) This ordinance is covered by the general rule that CEQA
applies only to projects which have the potential for causing a
significant effect on the environment. For the reasons set forth
in subparagraphs ( 1) and (2) of this paragraph, it can be seen
with certainty, and the Board finds, that there is no possibility
that this ordinance will have a significant effect on the
environment; therefore, this ordinance is not subject to CEQA.
(b) The Community Development Director is directed to file
a notice of exemption for this ordinance, in accordance with the
provisions of section 15062 of the State CEQA Guidelines .
ORDINANCE NO. 93- q
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SECTION X. Effective Date. This ordinance becomes effective
immediately upon passage and shall be operative for ten months
and fifteen days (through January 16, 1994 ) , pursuant to
Government Code section 65858 . Within fifteen days after passage
this ordinance shall be published once with the names of
Supervisors voting for and against it in the CONTRA COSTA TIMES ,
a newspaper published in this County.
PASSED on April 6, 1993 by four/fifths vote of the Board, as
follows :
AYES : Supervisors Powers , Smith, Bishop and Torlakson
NOES: None
ABSENT: Supervisor McPeak
�^
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk (�
of the Board of Supervisors Board Chair
and County Administrator
By: CI [SEAL)""'De-puty
LTF: 1
( 3-5-93)'
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