HomeMy WebLinkAboutItem 6.4 AlaCntyHazWasteGPA/ZnOrd
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCILMEETINGDA TE: July 23, 1'996
SUBJECT:
Public Hearing: P A 96-024, Alameda County Hazardous Waste
Management Plan General Plan Amendment and Zoning
Ordinance Amendment
~ (Report prepared by: Dennis Carrington, Senior Planner)
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EXHIBITS A'ITACHED:
Exhibit A: Draft Resolution adopting P A 96~024, Alameda
County Hazardous Waste Management Plan
General Plan Amendment.
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Exhibit B: Ordinance adopting definitions, standards and
procedures for processing conditional use permits
for facilities. under the Alameda County HazardOlw
Waste Management plan, adopting local siting
criteria consistent with the County Plan, and
amending the M-I (Light Industrial) and M-2
(Heavy Industrial) zoning districts to allow the
location of Small-Scale Transfer and Storage
Facilities and Industrial Transfer/Storage Facilities
- "'as conditional uses subject to the procedures and
siting criteria.
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Exhibit C: - -." ".cliapters ,land 9 of the Alameda County
Hazardous Waste ManagementPlan.
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RECOMMENDATION:
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1) Open public hearing and receive staff presentation
2) Take testimony from the Public.
3) Close public he8ring.
4) Deliberate.
S) Adopt Draft Resolution approvingP A9~024; Alameda
County Hazardous WUte ManagementPlan General Plan
Amendment (Exhibit A).
6) Waive reading and introduce P A 96';024 Alameda County
Hazardous Waste Management. Plan Zoning Ordinance
Amendment (Exhibit B).
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COPIES TO: Rory Bakke
In-House Distribution ,. ~ d
ITEMNO.~7
FINANCIAL STATEMENT:
The costs of processing the Conditional Use Permit will not be covert<! ~'
by the $130 fee charged for a non-residential Conditional Use Permit. ~ A'"
deposit will be required for environmental review, but may only be used _.
for that purp?se. The ~ouncil may ~~t to consider ~iving direction t.:\~
Staff to reqUIre a depOSit for a Conditional Use Pennlt for a Small.Scale ..,.
Transfer and Storage Facility, and an Industrial
Transfer/Storageffreatment Facility.
DESCRIPTION:
GENERAL PLAN AMENDMENT
General Plan Amendment (GP A) to adopt Section 4.6, ALAMEDA COUNTY HAZARDOUS
WASTE MANAGEMENT PLAN. The GP A would:
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· Establish a guiding policy encouraging the reduction or elimination of hazardous wastes at the source as
the highest priority in the management of hazardous wastes,
· Establish a guiding policy to make provision for the location of offsite hazardous waste facilities in the
City which meet the fair share needs of the City and the County.
· Establish implementing policies:
· Incorporating the goals, policies, facility siting criteria and other provisions of the Alameda County
Hazardous Waste Management Plan (CHWMP) into the City's General Plan,
Prohibiting the location of facilities for the land disposal of hazardous wastes or treatment residues in
Dublin,
Including household hazardous waste facilities in the category of "Small-Scale Transfer and Storage.)
Facility" to encourage the location of such a facility, ..:....
Assuring adequate buffers from residential designated property,
Assuring adequate public services and emergency response times, and
Restricting facilities to the Business ParklIndustrial: Outdoor Storage, Business
ParklIndustrial:. .. . LowCoverage, and Industrial Park categories of the General Plan.
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ZONING ORDINANCE AMENDMENT
Zoning Ordinance Amendment to:
· Adopt definition of Industrial Transfer/Storageffreatment Facility,
· Adopt definition of Small-Scale Transfer and Storage Facility,
· Allow these facilities in the M-l and M-2 zones as conditional uses,
· Adopt Section 8-104.0 of the Zoning Ordinance "HAZARDOUS WASTE FACILITIES LOCATION
PROCEDURE" which sets forth standards and procedures for processing conditional use permits to locate
the above facilities in the City.
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_ BACKGROUND
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_ AB 2948 (Tanner) in 1986 required counties to adopt a CQ~ty,,:E;Iazardo'\lS Waste Management Plan
. ;.-;: ., (CHWMP). The plan must address the management of all hazirdous wastes generated in a specific
. county. In addition, the legislation lays out a process for the siting of expanded ,or new off-site
hazardous waste facilities (i.e. those facilities which Collects hazardous wastes from other sites) in a
community. This issue must also be addressed in the plan. The legislation is based on. the principles of
fair-share and local responsibility. That is, counties are obligated to plan for treating hazardous wastes
generated in their area as well as any obligations due to interjmisdictional agreements with other
counties. In addition, local jurisdictions are expected to accommodate hazardous waste facilities and
not deny such facilities based on local concerns. State law also requires.that cities have 180 days,after
state approval of a county plan to adopt local planning requirements to implement the county plan.
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The Alameda County Hazardous Waste Management Plan was approved by the State late in 1995 and
addressed the requirements of AB 2948. Based on a notice received {rom the AlamP.daCounty Solid
Waste Management Authority which prepared the plan, Alameda County, cities have until June 30,
1996 to incorporate the CHWMP into their general plans and to adopt a set of local,planning
requirements in the General Plan and/or Zoning Ordinance.
The Planning Commission heard these items on June 18, 1996, and recommended that the City Council
adopt them. Alameda County Waste Management Authority staff have ~,w:edDubIin Planning Staff
that there are no penalties for non-compliance, and that being in the hearing,process by June 1996, is
evidence ofa good faith effort on the part of the City.
:,. ALAMEDA COUNTY HAZARDOUS W ASTEMANAQEMENT PLAN
The Alameda COWlty Waste Management Plan, as mentioned. above, was prepared in a manner to meet
state law. It is composed often chapters including:
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10.
_ Introduction and summary., . -, -" - . ' , -~. ". ,"
Policy ,directions fctrJulZardous Waste management in Alameda County,
Cmrent'hazardous waste generation patterns~' : -.; :;'. '.,,;',~_;::;;!.i" '-.j,;' -- ,;;,; ,,:.:' . ("
i . ,Current hazardous Waste manaeement practices,,~'.;':;. "..' J ..
Current hazardous waste management programs,
Major factors affecting future hazardous waste mamlgement,
Future hazardous waste generation,
Need for additional Capacity"
Meeting capacity needs and implementation program; and
Hazardous Waste Implementation Program
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Overall, the plan's policy direction, as provided in Chapter 2 (see in Exhibit C), is to phase-out land
disposal of hazardous waste and to establish a hazardous waste management hierarchy . The 'hierarchy
establishes source reduction as the highest priority to manage hazardous waste followed by onsite and
offsite reuse aDd recycling,onsite and offsite treatment, inciDeration 'and disposal of residuals as the
lowest priority. Policies also encourage:
:. 1. The consolidation of offsite ha.zardous waste facilities to be located near where the majority of
the waste is being generated,
2. The disQursement of transfer stations,
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The promotion of programs for small hazardous waste generators and household hazardous
wastes,
Public participation in hazardous waste planning,
A public education program on hazardous wastes,
Establishment of a "fair-share" principle for the siting of hazardous waste facilities to meet the
needs within the county.
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Based on the analysis of current and projected waste generation and capacity, Chapter 8 of the
CHWMP outlines projected facility needs by the year 2000 (from base year 1986). The plan projects a
need, in priority, for two or three transfer stations, a small incinerator, a small solvents recovery
facility, an expanded waste oil recycling capacity, and a designated stabilization unit in Alameda
County. These projections are based on uncertain economic and other assumptions. Due to changing
economic and technological conditions, th,ese needs may increase or decrease. The plan basically is
intended to guide private sector investment as the demand for various types of facilities are needed.
The guide for locating offsite hazardous waste facilities is established in Chapter 9 (see in Exhibit C)
of the plan. This chapter identifies 22 different locational factors to consider in the siting of the
hazardous waste facilities. For each factor, there are two types of siting criteria (conditional and
exclusionary) for three categories of offsite hazardous waste facilities (Small-Scale Transfer and
Storage Facilities; Industrial Transfer/StoragefTreatment Facilities; and Residuals Repositories). A
locational factor may either exclude or, through analysis, require mitigation (if feasible) to mitigate
potential impacts of the factor. For example, the plan excludes the placement of any hazardous waste
facility within 200 feet of an active orrecently active fault (which would include the Calaveras fault).
Conversely, where adequate mitigation can be provided, a Small-Scale or Industrial hazardous waste
facility could be located in an area of unstable soils while residuals repositories on steeper slopes
would be excluded. Three criteria, seismic, wetlands and endangered species habitat, would exclude
the siting of small scale and industrial hazardous waste facilities in an area. Based on the proposed
general plan and zoning amendments, none of these three factors would affect potential sites (Le., M-l
or M-2 zoned land) for hazardous waste facilities iD. the City of Dublin.
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As part of determining the location of ofIsite hazardous waste facilities, the plan provides an option for
lo~ communities to decide ifhousehold hazardous waste collection systems can be considered as a
Small-Scale Transfer and Storage Facility. Staffis'recommending that such facilities be included in
order to provide local control and to encourage the location of such a facility in the City. Chapter 9
i, eoncludes with an explanation of the land-use appe8ls process available to an applicant in the eventof
an adverse local decision.
GENERAL PLAN AMENDMENT
Generally, the general plan amendment is consistent with the Alameda County Hazardous Waste Plan.
The amendment would establish two guiding policies and two implementing policies (staff reasons for
inclusion of these policies are given in italics):
GUIDING POLICIES
1. H_EnCOuraging the reduction or elimination ofhazardous wastes at the source as the highest
priority in the management of hazardous wastes. This goal is a top priority of the CHWMP.
? The City shall make provisions for the location of hazardous waste facilities in its community
which meet the fair share needs of the City of Dublin and of Alameda County. The CHWMP
incorporates a "Fair Share" principle in its Hazardous Waste Management Planning and Siting
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Principle (see page 2-13 of Exhibit C). Agreements for new facilities to provide offsite treatment
cfpacity should be based on each jurisdiction's fair share'oltl1lliazardous waste stream.
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Implementing Policies:
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The goals, policies, facility siting criteria and other provisions of the CHWMP are incorporated
into the General Plan by reference (this is required by State Law) and subject to the following .
locational criteria:
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A. Facilities for the land disposal of hazardous wastes or treatment residues are prohibited
in the City of Dublin These facilities, are intended to be located in remote areas a1.Ui are not .
appropriate in, locations at:/jacent to densely settled residential and commercia/areas due to the toxic
nature of the wastes, the potential for accidents and the risk of traffic acc~nts while wastes and
residues are being transported
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B. Small-Scale Transfer and Storage facilities shall include 'household hazardous waste
collection facilities. The inclusion of these facilities in. the "Small-Scale, Transfer and Storage
Facility" category clarifies the appropriateness of such a necessary facility and facilitates its
establishment.
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C. To assure that future and existing residential populations are adequately considered, the
criteria for distances from facilities permitted by the plan will be from the facilities to residential
designated property. This approach, as. opposed to measW"ing tothe,nearestresidence, builds in an
extra buffer to protect residential areas.
_.::. D. To assure that facilities are appropriately located with regard to major transportation
. . routes, all sites for offsite hazardous waste facilities shall be directly served by streets meeting the
City's industrial road standards and shall be accessible via Major and Arterial streets as. designated by
the General Plan. This will ensure adequate and safe access for .the/acilities. .
E. To provide an adequate level of public $6rVices'andtoassure an adequate margin of,
public safety, all facilities shall be adequately served by necessary public. services as specified by the
- plan .and shall be withmll1hree;(3) minute response 1ime froJ.D the nearest ,me;Station.. Adequate
. provision of public services is necessary to ensurepropermanagementofthe factUties.and to protect
the public sqfery.-A"th'r.eeminuterr-esponse time is proposed in order to provide adequate rapid
response time in the event of a -spill or release. of a hazardous waste. This. is particularly critical where
highly toxic substances are involved and additional daytime and nighttime populations could be
impacted due to a slower response time.
F. To assure proper land use compatibility and adequate proximity to the waste generation
stream, all offsite hazardous waste facilities shall be located in areas designated Business
ParklIndustrial: Outdoor Storage, Business ParklIndustrial: Low Coverage, and Industrial Park on the
General Plan. The restriction offacilities to the Business Park/industrial: Outdoor Storage, }Jusiness
Park/industrial: Low Coverage, and Industrial Park designations of the , General Plan, while more
restrictive than the County Hazardous Waste Management Plan, is appropriate because sufficient
potential locations for facilities exist within those designations within the City, and because these
':::.07eO$ are easily accessible from anywhere in the City.
4. A violation of Zoning Ordinance Section 8-104.0, HAZARDOUS WASTE F A,CILIl'IES
LOCATION PROCEDURE" pertaining to the Alameda County Hazardous Waste Management Plan is
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deemed to be a violation of the Dublin General Plan. The General Plan determines that the
implementation of the Alameda County Hazardous Waste Management Plan through the guiding and
implementing policies of the General Plan and by means of Section 8-104.0 of the Zoning Ordinance is
necessary to protect the public health, safety, and welfare. This requirement provides authority for this
ordinance from the General Plan. Any court challenge of the ordinance is more difficult lfthe basis
for the ordinance is within the Gfmeral Plan.
ZONING ORDINANCE AMENDMENT
The proposed Zoning Ordinance revisions are consistent with the County Hazardous Waste
Management Plan for the same reasons as discussed above pertaining to the general plan amendment.
The siting criteria are the same as provided in the County Plan notwithstanding the clarifications and
exceptions discussed above.
4, The most significant part of the zoning amendment is the establishment of Chapter 8-104.0. It requires
a conditional use pennit for the review of offsite hazardous waste facilities. The process is consistent
with the provisions of state law, the CHWMP, and the City's Conditional Use Permit requirements. It
specifies:
1. A detailed listing of anticipated information,
2. Clarifies the environmental review process,
3.
Establishes facility siting criteria and pennitting requirements consistent with the general plan,
4.
Provides for special requirements pertaining to safety, closure and financial responsibilities,
5 Establishes the Local Assessment Committee consistent with state law, and
6. Requiies findings for the approval of a hazardous waste facUity.
7. It also 'allows the Community Development Director to relax some of the informational and
analysis requirements for household hazardous waste collection programs. This provision is added
since these collection programs maybe very small in scale and the informational requirements may be
excessive. Further, this allows the City to encourage the development of these programs to better serve
Dublin residences. -
ENVIRONMENTAL REVIEW
The project has been found to be categorically exempt under Section 15308 of the State CEQA
Guidelines which consist of actions taken by regulatory agencies, as authorized by state or local
ordinance, to assure the main:renance, restoration, enhabcement, or protection of the environment where
the regulatory process involves procedures for protection of the environment. The amendment of the
General Plan and of the Zoning Ordinance to establish procedures, siting criteria and land use
designations and zones in which Small-Scale Transfer and Storage Facilities and of Industrial
Transfer/Storage Facilities may be located. is an action by the City of Dublin to maintain, restore,
enhance and protect the environment. All subsequent decisions regarding location of these facilities
are subject the requirements of CEQA.
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RECOMMENDA TION
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Staff recommends that the City Council conduct a public hearing, deliberate, and a) adopt a
....::'-.. Draft Resolution adopting the Alameda County Hazardous Waste Management Plan.General Plan
, . , Amendment (Exhibit A); and b) waive reading and introduce the Alameda County Hazardous Waste
Management Plan Zoning Ordinance Amendment (Exhibit B).
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RESOLUTION NO. - 96
A RESOLUTION OF THE DUBLIN CITY COUNCIL
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ADOPTING P A 96-024 ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT
PLAN GENERAL PLAN AMENDMENT
WHEREAS, The County of Alameda has adopted a County Hazardous Waste
Management Plan; and
WHEREAS, The management of hazardous wastes generated by our highly
teclmological society has become one of the leading concerns of the City of Dublin; and
WHEREAS, AB 2948 (Tanner, 1986) was signed into law to require each county to
adopt a County Hazardous Waste Management Plan and for each city to incorporate the county
plan into their general plans within a specified time period; and
WHEREAS, The Alameda County Hazardous Waste Management Plan addresses the
requirements of AB 2948 by conducting a planning process to develop a hazardous waste
management program meeting Alameda County's projected needs and complying with state law,
a plan which establishes goals and policies pertaining to the hierarchy of hazardous waste
management strategies and a set of criteria for the siting of expanded or new off site hazardous
waste facilities; and
WHEREAS, Cities have until June 30, 1996, to incorporate the County plan into their
general plans; and
WHEREAS, The Planning Commission did hold a public hearing on-said application on
June 18, 1996, at which it recommended that the City Council adopt P A 96-024 Alameda County
Hazardous Waste Management Plan General Plan Amendment; and
WHEREAS, Proper notice of said public hearing was given in all respects as required
by law; and
WHEREAS, The project has been found to be categorically exempt under Section
15308 of the State CEQA Guidelines which consist of actions taken by regulatory agencies, as
authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or
protection of the environment where the regulatory process involves procedures for protection of
the environment; and
WHEREAS, The amendment of the General Plan and of the Zoning Ordinance to
establish procedures, siting criteria and land use designations and zones in which Small-Scale
Transfer and Storage Facilities and ofIndustrial Transfer/Storage Facilities may be located is an
action by the City of Dublin to maintain, restore, enhance and protect the environment; and
EXHIBIT A
WHEREAS, All subsequent decisions regarding location of these facilities are subject
the requirements of CEQA; and
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WHEREAS, The proposed general plan amendment is substantially consistent with the
adopted Alameda County Hazardous Waste Management Plan; and
WHEREAS, It is in the public interest to prohibit the location of facilities for the land
disposal of hazardous wastes or treatment residues because it promotes the objectives of the
Alameda County Hazardous Waste Management Plan which intends these facilities for remote
areas; and
WHEREAS, That the inclusion of household hazardous waste facilities in the Small-
Scale Transfer and Storage Facility category will facilitate the establishment of such a necessary
facility
WHEREAS, The measurement of distance criteria from facilities to residential
designated areas will provide a greater buffer for residential areas from potential impacts; and
WHEREAS, The requirement that facilities be directly served by streets meeting the
City's industrial road standards and that they be accessible via Major and Arterial streets will
assure that adequate and safe access for facilities will be provided; and
WHEREAS, The requirement for an adequate level of public services for facilities and
for a minimum three minute response time from the nearest fire station are necessary to ensure
public safety; and
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WHEREAS, The restriction of facilities to the Business ParklIndustrial: Outdoor
Storage. Business ParklIndustrial: Low Coverage. and Industrial Park"designations of the
General Plan, while more restrictive than the County Hazardous Waste Management Plan. is
appropriate because sufficient potential locations for facilities exist within those designations
within the City, and because these areas are easily accessible from anywhere in the City; and
WHEREAS, The Staff Report was submitted including language incorporating the
Alameda County Hazardous Waste Management Plan as. "Section 4.6 Alameda County
Hazardous Waste Management Plan", and recommending that the Planning Commission
recommend City Council approval of the general plan amendment; and
WHEREAS, The City Council did hold a public hearing on said application on July 23,
1996. and
WHEREAS, Proper notice of said public hearing was given in all respects as required
by law; and
WHEREAS, the City Council did hear and consider all said reports. recommendations.
and testimony hereinabove set forth.
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NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City COlUlcil does
hereby adopt PA 96-024 Alameda County Hazardous Waste Management Plan General Plan
Amendment as follows:
4.6 ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
The management of hazardous wastes generated by our highly technological society has become
one of the leading concerns of the City of Dublin. AB 2948 (Tanner, 1986) was signed into law
to require each county to adopt a County Hazardous Waste Management Plan and for each city to
incorporate the county plan into their general plans within a specified time period. The Alameda
County Hazardous Waste Management Plan addresses the requirements of AB 2948 by
conducting a planning process to develop a hazardous waste management program meeting
Alameda County's projected needs and complying with state law, a plan which establishes goals
and policies pertaining to the hierarchy of hazardous waste management strategies and a set of
criteria for the siting of expanded or new off site hazardous waste facilities.
Guiding Policies
A. The City of Dublin shall encourage the reduction or elimination of hazardous wastes at
the source site as the highest priority in the management of hazardous wastes.
B. The City of Dublin shall make provisions for the location of off site hazardous waste
facilities in its community which meet the fair share needs of the City of Dublin and of Alameda
County.
Implementing Policies
C. The goals, policies, facility siting criteria and other provisions of the Alameda County
Hazardous Waste Management Plan are incorporated herein by reference subject to the following
provisions to the locational criteria of the plan:
1. Facilities for the land disposal of hazardous wastes or trea1ment residues are
prohibited in the City of Dublin.
2. Small-Scale Transfer and Storage facilities shall include household hazardous
waste collection facilities.
3. To assure that future and existing residential populations are adequately
considered, the criteria for distances from facilities permitted by the plan shall be from the
facilities to residential designated property.
4. To assure that facilities are appropriately located with regard to major
transportation routes, all sites for offsite hazardous waste facilities shall be directly served by
streets meeting the City's industrial road standards and shall be accessible via Major and Arterial
streets as designated by the General Plan.
5. To provide an adequate level of public services and to assure an adequate margin .-'__:'.
of public safety, all facilities shall be adequately served by necessary public services as specified
by the plan and shall be within a three (3) minute response time from the nearest fire station.
6. To assure proper land use compatibility and adequate proximity to the waste
generation stream, all off site hazardous waste facilities shall be located in areas designated
Business ParklIndustrial: Outdoor Storage, Business ParklIndustrial: Low Coverage, and
Industrial Park on the General Plan.
D. A violation of Zoning Ordinance Section 8-104.0, HAZARDOUS WASTE FACILITIES
LOCATION PROCEDURE, pertaining to the Alameda County Hazardous Waste Management
Plan is deemed to be a violation of the Dublin General Plan. The General Plan determines that
the implementation of the Alameda County Hazardous Waste Management Plan through the
guiding and implementing policies of the General Plan and by means of Section 8-1 04.0 of the
Zoning Ordinance is necessary to protect the public health, safety, and welfare.
PASSED, APPROVED AND ADOPTED this 23rd day of July, 1996.
AYES:
NOES:
ABSENT:
ABSTAIN :
Mayor
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ATTEST:
City Clerk
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ORDINANCE NO. -96
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2 OF TITLE 8
OF THE DUBLIN ORDINANCE CODE (THE ZONING ORDINANCE) TO ADOPT
DEFINITIONS, ADOPT STANDARDS AND PROCEDURES FOR PROCESSING
CONDITIONAL USE PERMITS FOR FACILITIES UNDER THE ALAMEDA
COUNTY HAZARDOUS WASTE MANAGEMENT PLAN, AND ADOPT LOCAL
SITING CRITERIA CONSISTENT WITH THE COUNTY PLAN, AND AMEND THE
M-1 (LIGHT INDUSTRIAL) AND M-2 (REA VY INDUSTRIAL) ZONING
DISTRICTS TO ALLOW THE LOCATION OF SMALL-SCALE TRANSFER AND
STORAGE FACILITIES AND OF INDUSTRIAL
TRANSFERJSTORAGEfTREA TMENT FACILITIES AS CONDITIONAL USES
SUBJECT TO THE PROCEDURES AND SITING CRITERIA.
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The City Council of the City of Dublin does ordain as follows:
Section 1. Section 8-21.3 is added to the Dublin Zoning Ordinance to read as follows:
8-21.3 INDUSTRlAL TRANSFERJSTORAGEfTREATMENT FACILITY. Industrial
Transfer/Storageffreatment facility means any hazardous waste management facility which
is not a small-scale transfer facility or a residuals repository. This facility category includes
but is not limited to: a. Manifested waste transfer station; b. Recycling facility; c.
Aqueous treatment facility; d. Stabilization and solidification facility; and
e. Bioremediation.
Section 2. Section 8-22.0 is added to the Dublin Zoning Ordinance to read as follows:
8-22.0 . SMALL-SCALE TRANSFER AND STORAGE FACILITY. Small-Scale Transfer
and Storage Facility means facilities with wastestreams small enough to be exempt from
manifest requirements as described in California Health and Safety Code, Division 20,
Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of
five gallons or a total weight of 50 pounds. A household hazardous waste collection facility
is considered to be a small-scale transfer and storage facility.
Section 3. Section 8-51.3 is added to the Dublin Zoning Ordinance to read as follows:
8-51.3 CONDITIONAL USES: M-l DISTRICTS of the City of Dublin Zoning Ordinance
is amended to read as follows:
A. CONDITIONAL USES REQUIRlNG PLANNING COMMISSION
APPROVAL:
11. Small-Scale Transfer and Storage Facility
12. Industrial Transfer/Storageffreatment Facility
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EXHIBIT t3
Section 4. Section 8-52.2 is added to the Dublin Zoning Ordinance to read as follows:
8-52.2 CONDITIONAL USES: M-2 DISTRICTS of the City of Dublin Zoning Ordinance
is amended to read as follows:
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A. CONDITIONAL USES REQUIRING PLANNING COMMISSION
APPROVAL:
10. Small-Scale Transfer and Storage Facility
11. Industrial Transfer/Storageffreatment Facility
Section S. Section 8-104.0 is added to the Dublin Zoning Ordinance to read as follows:
8-104.0 HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE.
8-104.1
Intent.
The purpose of this section is to establish uniform standards, land use regulations
and a permit process for controlling the location, design, maintenance and safety of off site
hazardous waste facilities. These standards, regulations and process are intended to be
consistent with Article 8.7 of the California Health and Safety Code, applicable portions of
the Alameda County Hazardous Waste Management Plan and the City of Dublin General
Plan.
8-104.2 APPLICABILITY.
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A. ' The specific requirements of this ordinance are applicable to the siting and
development of off-site hazardous waste treatment, storage, and transfer
facilities. Off site hazardous waste facilities means those facilities which
treat, store, recycle, incinerate or 1ransfer hazardous wastes from at least two
producers of hazardous wastes which are not located on the same property of
the hazardous waste facility. Consistent with the Alameda County
Hazardous Waste Management Plan, off-site hazardous waste facilities only
include those facility types as defined by the plan for Small-Scale Transfer
and Storage Facilities including hazardous waste collection facilities, and
Industrial Transfer, Storage and Treatment Facilities.
B. The off-site facility definition does not apply to:
1. transportable treatment units (ITU) which are designed to be moved
either intact or in modules and which are intended to be operated at a given
location for a limited period of time; or
2. permanent on-site hazardous waste facilities at locations where .
hazardous waste is produced, and which are owned by, leased to, or under -, :.:,::-'
the control of the producer of the waste.
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C.
Facilities for the land disposal of hazardous wastes or treatment residues are
prohibited in the City of Dublin
D.
All such facilities (i,e., off-site, on-site, household hazardous waste
collection, and TTU's) shall obtain all necessary state licensing to install and
operate.
E.
Small Scale Transfer and Storage Facilities and Industrial Transfer/Storage
Treatment Facilities are permitted in the M-l and M-2 Zoning districts
pursuant to a Conditional Use Permit before the Planning Commission.
F.
A Conditional Use Permit for a hazardous waste facility shall be granted for
only those substances and quantities identified in the conditions of approval.
No additional types of wastes or increases in the quantity of approved
wastes shall be allowed beyond those specified in the approved permit,
unless a separate application is made therefore which shall satisfy the same
procedures and contents as those required in an initial application.
8-104.3
PROCEDURE.
Applications for hazardous waste facilities as defined by this chapter shall follow
procedures specified by Article 8.7 of the State Health and Safety Code and Section
8-94.0 of the Zoning Ordinance.
8-104.4
APPLICATION REQUIREMENTS.
The information listed below is required at the time a hazardous waste facility
application for an off-site facility is submitted to the Community Development
Department:
A. A complete planning application for a Conditional Use Permit signed by the
property owner or its authorized representative.
B A non-refundable deposit or fee as set forth by ordinance or resolution of the
City Council.
C A letter of justification describing the proposed project and explaining how
it will satisfy the findings in Section 8-104.1 o.
D. Information required for public meetings and hearings, as determined by the
Director of Community Development.
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E.
16.
A scaled, fully-dimensioned site plan and development plan drawn 10
sufficient detail to clearly describe the following:
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I.
2.
3.
4.
5.
6.
7.
Physical dimensions of property and structures;
Location of existing and proposed structures;
Setbacks;
Methods of circulation and location of truck routes;
Ingress and egress;
Utilization of property under the requested permit;
The distance from the project property lines to the nearest residential
structure;
Proximity of the project to laO-year floodplain areas;
Proximity of the project to any known earthquake fault zones;
The relationship of the proposed project to all aboveground water
supplies as well as known underground aquifers that could
conceivably suffer contamination;
Topographic description of the property and surrounding area;
Existing and proposed utilities which service or will be needed to
service the facility;
Identification of surrounding zoning and land uses;
Landscape plans showing theme and location of all landscape areas;
Building elevations showing building height, exterior materials, and
architectural theme; and
Other information as required by the Director of Community
Development.
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8.
9.
10.
II.
12.
13.
14.
15.
F. A preliminary geological study of the property and surrounding area which
comprehends as deep a soils analysis as there are known aquifers, regardless
of the potability of those aquifers.
G. Identification of all wastewater, treated and untreated, generated by the
proposed facility and the method and place of final discharge.
H. Identification of the amounts (tonnage) and types of hazardous wastes to be
treated at the proposed facility; the sources of these wastes; the ultimate
disposition of the wastes; and the anticipated life of the facility.
Information shall be provided on the amount, sources, and types of
hazardous wastes to be treated based on an actual survey of the industries to
be served and, thereby, be representative of the wastes that will be processed
at the facility.
1.
A plan that clearly delineates all public involvement with the proposed
project prior to any formally advertised and scheduled public hearings. Said
plan will provide for adequate public testimony on the project in an effort to
mitigate all public concerns prior to the approval body reviewing the ~ase.
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A plan that identifies an ongoing monitoring program to ensure no
unintentional release of any hazardous substance from the site. This shall
include any ongoing monitoring necessary by other permitting agencies such
as State Department of Health Services, the Bay Area Air Quality
Management District (BAAQMD), Environmental Protection Agency
(EP A), San Francisco Bay Regional Water Quality Control Board, etc.
K. A preliminary contingency plan for emergency procedures designed to
minimize hazards to human health or the environment from fires, explosions
or any unplanned sudden or nonsudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water. The plan shall
provide for its inunediate implementation whenever there is a fire,
explosion, or release of hazardous waste constituents which could threaten
human health or the environment. The preliminary contingency plan shall
address the requirements included in Section 8-104. 7C.
L. Other information as required by the director of community development to
demonstrate compliance with the facility siting criteria as outlined in Section
8-106.6.
8-104.5
ENVIRONMENTAL REVIEW.
A. The project shall be subject to environmental analysis according to the
City's environmental guidelines pursuant to the California Environmental
Quality Act (public Resources Code Section 21000-21177; IS000-15387).
B. The environmental analysis shall address, but not be limited to, the -
following:
I. Describe at least two (2) reasonable alternatives to the project; these
alternatives shall be reviewed pursuant to the California
Environmental Quality Act (public Resources Code section
15060(d)).
2. An analysis of visual, noise and any olfactory impacts associated
with the project and recommended mitigation measures.
3. An analysis of all anticipated air quality impacts associated with the
project and proposed mitigation to ensure no degradation of air
quality in the area
5
4.
A health and safety assessment that analyses in detail all
probabilities of accidents or spills and impacts to groundwater at the
site; flooding risks; geologic constraints and engineered solutions;
identify air emissions, impacts and their mitigation; determines
appropriate setbacks from residential designated property and
immobile populations; as well as transportation-related accidents
from the point of origin to the facility. Such analysis shall identify
mitigation measures to reduce identified risks. The health and safety
assessment shall identify the most probable routes for transporting
hazardom; wastes to the facility within Alameda County, and if
applicable, Santa Clara County.
5. An analysis of traffic impacts associated with the project and
recommended mitigated measures.
6. An analysis of all anticipated water quality impacts associated with
the project and proposed mitigation to ensure no degradation of
water quality in the area
7. Other information as required by the California Environmental
Quality Act (CEQA).
8-104.6
FACILITY SITING CRITERIA AND PERMITTING REQUIREMENTS.
The following siting criteria and pennitting requirements have been established for
use by hazardous waste facility project proponents in locating and designing
suitable facility sites and appropriate facilities, and by the City in evaluating
proposed sites and facility projects. The purpose of the criteria is to reduce public
health and environmental risks and governmental costs associated with development
of off-site hazardous waste facilities.
A. Protect the Residents of Alameda County (and the City of Dublin):
1. Distance from residentially designated property
All Facilities: Treatment, storage, or transfer facilities handling
ignitable, e>..-plosive, reactive or acutely hazardous wastes must
provide a minimum buffer zone of at least 2,000 feet between the
nearest residential designated property and the facility site, unless the
developer can demonstrate by risk assessment and as part of the local
pennitting process that a smaller buffer zone provides adequate
protection for the public in the event of an accident. For other
facilities, including recycling, transfer, or storage of other types of
hazardous wastes, a buffer zone of at least 500 feet is required
between the operational area within the facility site and the nearest -
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residential designated property (again, unless the developer can
demonstrate by risk assessment and as part of the local permitting
process that a smaller buffer zone provides adequate protection for
the public in the event of an accident).
2.
Distance from Immobile populations:
All Facilities: Facilities shall comply with City minimwn zoning
code setbacks, unless a greater buffer distance from other uses is
deemed necessary, based on a required health and safety assessment.
Larger buffer zones are required between a transfer station, storage,
or treatment facility, and any inunobile populations where
evacuation in the event of an accident at the facility is likely to be
difficult or inadvisable. This is especially true for facilities handling
ignitable, explosive, or reactive waste. A minimwn buffer zone of
5,000 feet between a facility site and any site with an inunobile
population is therefore required, unless the developer can
demonstrate by risk assessment and as part of the local permitting
process that a smaller buffer zone provides adequate protection for
the inunobile population.
B.
Ensure the Structural Stability afthe Facility:
1. Floodplains:
All facilities: Facilities must be designed, constructed, operated and
maintained to preclude failure due to flooding, per flood control
authorities and requirements. Provisions must be made to contain
and test storm runoff prior to discharge in areas subject to
contamination by waste or treated material. The required health and
safety assessment will address flooding risks associated with the
facility. Facilities may be located in areas subject to 100-year
flooding only if protected by offsetting engineered improvements,
such as berms or raising the facility above flood levels. This
includes areas subject to flooding by dam or levee failure and natural
causes such as river flooding, flash floods, rainfall or snowmelt,
tsunamis (tidal waves), seiches (earthquake-induced waves in lakes),
and coastal flooding. A structural analysis or engineering design
study must be provided which shows methods to prevent undulation
or washout.
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2.
Seismic:
.-,
All Facilities: Facilities must have a minimum 200-foot setback
from active or recently active earthquake faults, per the California
Administrative Code (CAC), title 22, Section 6391(a)(f11)A(1) and
(2). The required health and safety assessment will address
earthquake safety of the facility.
3. Unstable soils:
All Facilities: Facilities are prohibited from locating in areas of
potential rapid geologic change, unless the facility and its
contairunent structures have engineered design features to assure
structural stability. This includes areas with unstable soils, steep
slopes, and areas subject to liquefaction, subsidence or other severe
geologic constraints. The required health and safety assessment will
include a geologic report defining any such constraints and
engineered solutions.
C. Protect Water Quality:
1.
Groundwater:
.,
All Facilities: Facilities shall be fully enclosed by contairunent
structures of impermeable materials which would contain any
unauthorized release of hazardous material. Facilities shall be
equipped with leak detection and spill control and recovery
capability.
Facilities are encouraged to locate outside of known or suspected
principal recharge areas to regional aquifers as defined in local or
state plans and areas of permeable strata and soils as defined by the
Alameda County Hazardous Waste Management Plan. Facilities
may locate in these areas only with increased engineered design
features such as horizontal and vertical contairunent and monitoring
systems to ensure protection. Subsurface storage or treatment
facilities must provide secondary containment and shall be sited,
designed and operated to ensure that hazardous materials will always
be twenty feet above the tension-saturated zone unless approved by
the Alameda County Water District.
Facilities are also encouraged to locate outside of areas where .
groundwater is within twenty feet of the natural land surface. '.'C
Facilities may locate in these areas only 'with increased engineered
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8
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design features such as horizontal and vertical containment and
monitoring systems to ensure protection. Subsurface storage or
treatment operation is prohibited.
Industrial Transftr/Storage!Ireatment Facility: Groundwater
monitoring wells must be located around each facility to determine
background vadose zone and groundwater quality, and to detect
leaks and spills from the facility, unless demonstrated to be safe
without them through the health and safety assessment. An ongoing
groundwater monitoring program should be developed in
consultation with local, state and water district representatives.
2. Surface Water quality
All facilities: Developers shall comply with the requirements of the
Alameda Countywide Clean Water Program.
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Wastewater:
.
All facilities: Facilities operating wastewater should locate in areas
with adequate industrial sewer capacity. The quality of wastewater
must meet all federal, state and local sewering agency discharge
requirements; and the facility must obtain a valid industrial
wastewater discharge permit.
D. Protect Air Quality:
1. Air quality nonattainment and PSD areas:--
All facilities: Facilities may be sited in nonattainment and PSD
(prevention of significant deterioration) areas only if they meet the
requirements of the Bay Area Air Quality Management District. The
required health and safety assessment will identify air emissions,
impacts and mitigation associated with the facility.
E. Protect Environmentally Sensitive Areas:
1.
Wetlands
.
All facilities: Facilities are prohibited from locating in wetlands
such as salt water, fresh water and brackish marshes, swamps and
bogs, as defmed in local regional and state plans and policies
(generally, areas inundated by surface water or ground water with a
frequency to support, under normal circumstances, a prevalence of
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vegetative or aquatic life which requires saturated soil conditions for
growth and reproduction).
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2. Habitat of Endangered Species
All facilities: Facilities are prohibited from locating within critical
habitats of endangered species, defined as areas known to be
inhabited permanently or seasonally or known to be critical at any
stage in the life cycle of any species of wildlife or vegetation
identified or being considered for identification as "endangered" or
"threatened" by the U.S. Department of Interior of the State of
California.
3. Prime agricultural lands:
All facilities: Facilities are prohibited from locating on prime
agricultural lands, as defined in California law and local plans,
unless an overriding public need is served and demonstrated.
4. Recreational, cultural and aesthetic resources:
Small-Scale Transftr and Storage facilities: Low-volume transfer
and storage facilities may locate in protected., recreational, cultural or
aesthetic resource areas, as defined by local, regional, state of
national plans or policies, only if necessary to handle hazardous
wastes generated by workers, residents, or visitors in these areas.
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Industrial Transftr/Storage/J'reatment Facility: Facilities are
prohibited from locating in protected recreational, cultural and
aesthetic resource areas, as defined by local, regional, state or
national plans or policies.
5. Military lands:
All facilities: Facilities are prohibited from locating on military lands
by the policy of the U. S. Department of Defense (DOD).
6. Mineral resource areas:
All facilities: Facilities are prohibited from locating on lands
containing significant mineral deposits, as classified by local plans
or California's mineral land class maps and reports, if the e>..'1raction
of the mineral deposit would be precluded.
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F.
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e:
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Ensure Safe Transportation of Hazardous Waste:
1. Proximity to waste generation areas:
All facilities: Facilities shall locate in the M-1 (Light Industrial) and
M-2 (Heavy Industrial) zoning districts at locations close to sources
of hazardous waste generation to minimize the risks of
transportation.
2. Proximity and Access to Major Routes:
All facilities: Facilities shall locate to minimize distance from major
transportation routes. Facilities must have good access by roads
designed to accommodate heavy vehicles. Travel routes from
facilities to major transportation routes shall be on industrial streets,
accessible to designated truck routes, not pass through residential
neighborhoods, shall minimize residential frontages, and shall be
demonstrated as safe with regard to road design and construction,
accident rates, excessive traffic, etc. The required health and safety
assessment will evaluate risks associated with transportation of
hazardous wastes.
G.
Protect the Social and Economic Goals of the Community:
1. Consistency with general plan and zoning:
All facilities: Facilities must be consistent with local planning
policies, including the City General Plan and Zoning Ordinance.
2. Fiscal impact:
All facilities: A facility's fiscal impact to the City must be
demonstrated.
3. Socioeconomic impacts:
All facilities: The City may require the facility developer to fund an
independent study on socioeconomic impacts of the facility.
4.
Proximity to Public Services:
All facilities: Facilities shall be served by necessary public services
including but not necessarily limited to sewer, water, electricity, gas
and telephone. The site shall be located within a three minute
response time from the nearest fire station.
11
5.
Consistency with Alameda County Hazardous Waste Management
Plan:
.
All facilities: Facilities shall be consistent with the goals and policies
of the Alameda County Hazardous Waste Management Plan, and
must demonstrate compliance with the siting criteria established
herein. Facilities shall be consistent with the fair share principal, and
with any interjurisdictional agreements on hazardous waste
management. Local needs are to be the primary basis for facility
siting criteria decisions, along with regional commitments; facilities
are to be designed and sized primarily to meet the hazardous waste
management needs of Alameda County, or to meet the county's
broader regional commitments under an interjurisdictional
agreement.
8-104.7.
SPECIAL DEVELOPMENT REQUIREMENTS.
A.
General Conditions:
The City may impose conditions on the granting of a Conditional
Use Pennit for a hazardous waste facility in order to achieve the
purposes of this section and the General Plan and to protect the
health, safety and general welfare of the community.
.\
B. Safety and Security:
1.
The owner of operator shall prevent the unknowing entry, and
minimize the possibility for the unauthorized entry. of persons or
livestock onto any portion of the facility.
.'
2. The opemtor shall provide a twenty-four hour surveillance system
(e.g., elevation monitoring or surveillance by guards or facility
personnel which continuously monitors and controls entry onto the
facility .
3. An artificial or natural barrier (e.g., a wall or a wall combined with a
landscaped berm) shall be constructed to completely surround the
facility.
4.
All gates or other entrances into the facility shall be provided with
adequate means to control entry at all times. Signs with the legend,
"Danger - Hazardous Waste Area - Unauthorized Personnel Keep
Out," shall be posted at each entrance to the facility, and at other
locations, in sufficient numbers to be seen from any approach: The
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legend shall be written in English, Spanish and any language
predominate (predominant) in the area surrounding the facility, and
shall be legible from a distance of at least twenty-five (25) feet.
Existing signs with a legend other than "Danger - Unauthorized
Personnel Keep Out" may be used if the legend on the sign indicates
that only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion can be dangerous.
c.
Contingency Plan:
1. The hazardous waste facility is required to have a contingency plan
designed to minimize hazards to human health and the environment
from fires, explosions, or unplanned release of hazardous waste to
air, soil, or surface water. The plan shall be prepared to the
satisfaction of the Community Development Director and be carried
out immediately whenever a fire, explosion, or unplanned release
occurs.
2. The contingency plan shall include:
(a)
The actions employees must take in response to a fire,
explosion, unplanned release of hazardous waste.
(b) Arrangements agreed to by local emergency response
officials.
(c)
The names, addresses and telephone numbers (office and
home) of all persons qualified to act as emergency
coordinator. (If more than one (1) name is listed, the order in
which they may assume authority shall be given, with one
(1) person designated as primary coordinator.) The
emergency coordinator shall be available to respond to all
emergency response measures. The emergency coordinator
shall be familiar with all aspects of the contingency plan, all
operations and activities of the facility, the location and
characteristics of wastes handled, and general facility layout.
The emergency coordinator shall have the authority to
commit the resources needed to carry out the contingency
plan.
(d)
A listing of all emergency equipment at the facility,
including its location and an outline of its capabilities.
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(e)
An evacuation plan for employees where evacuation may be
necessary, including signals used to begin evacuation,
primary evacuation routes and alternate routes.
.
3. Facility emergency coordinator responsibilities shall be identified in
the contingency plan to include, at minimum, the following:
(a) In event of emergency (imminent or natural) fire, the
emergency coordinator shall immediately activate facility
alanns to notify employees and shall contact appropriate
state or local emergency response agencies.
(b) In the event of a fire, explosion, or release of any hazardous
material, the emergency coordinator shall immediately
identify the character, exact source, amount and real extent of
any released materials. Concurrently, the emergency
coordinator shall assess possible hazards both direct and
indirect, to human health or the environment that may result
from the emergency.
(c)
If the emergency coordinator detennines that the facility has
had a release, fire or explosion which could threaten human
health and the environment outside the facility, the
emergency coordinator shall report his fmdings as per the
following subsections (d) and (e).
.
(d) If evacuation is necessary, local officials shall be so notified.
(e) The emergency coordinator shall, in every situation, notify
the state office of emergency services at 1-800-852-7SS0, the
Dougherty Regional Fire Authority (or successor agency)
and the Dublin Community Development Department
providing the following information.
1. Name and telephone of person reporting;
2. Name and address offacility;
3. Time and type of incident;
4. Name and quantity ofmaterial(s) involved;
5.
Extent of injuries; and
.
14
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.
6.
Possible hazard to human health and the environment
outside facility.
(f) During the emergency, the emergency coordinator shall take
all reasonable measures to ensure that fires, explosions, and
releases do not occur or spread, including such measures as:
1. Stopping operations;
2. Collecting and containing released waste; and
3. Removing or isolating containers.
(g) If the facility stops operations during an emergency, the
emergency coordinator shall monitor for leaks, pressure
build-up, gas generation or ruptures in valves, pipes or other
equipment as appropriate.
(h)
Immediately after an emergency, the emergency coordinator
shall provide for treating, storing or disposing of recovered
waste, contaminated soil or surface water, or any other
material resulting from a release, fIre or explosion.
.
(i)
Other activities required of the emergency coordinator after
an emergency are:
1. No wastes incompatible with the released material is
handled until cleanup is completed; and
2. Emergency equipment is cleaned and ready for use
before operations are resumed.
4. Owner/operator responsibilities shall be identifIed in the contingency
plan to include, at minimum, the following:
(a) Notify the state department of health services and appropriate
state and local authorities that the above requirements have
been met before operations are resumed in the affected area.
(b) Record the time, date and details of any incident which
requires implementing the contingency plan.
.
(c)
Within fIfteen (15) days submit a written report on the
incident to the State Department of Health Services. The
report shall include:
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1.
Name, address and telephone number of
owner/operator;
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2. Name, address and telephone number of the facility;
3. Date, time and type of incident;
4. Name and quantity of materials involved;
5. Extent of injuries;
6. Assessment of actual or potential hazards to human
health or the environment, where applicable; and
7. An estimate of the quantity of material recovered and
its disposition.
(d) A copy of the contingency plan shall be maintained at the
facility. A copy shall be sent to the City of Dublin
Community Development Department, Dougherty Regional e:.)
Fire Authority (or successor agency), surrounding hospitals,
Alameda County Health Care Agency, and other regulatory
agencies as deemed appropriate.
(e) The contingency plan shall be reviewed and amended when
any of the following occur:
1. The facility permit is revised.
2. Applicable regulations are revised.
3. The plan fails in an emergency.
4. Operations at the facility change in a way that
materially increases the potential of fire, explosion or
unplanned release of hazardous waste.
5. The list of emergency coordinators changes.
6. The list of emergency equipment changes.
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D.
Monitoring:
1. Upon reasonable notice, the City, their designated representatives of
other agencies, may enter a parcel on which a Conditional Use
Permit for a hazardous waste facility has been granted for the
purpose of monitoring the operation of the facility.
2. The holder of a Conditional Use Permit for a hazardous waste
facility shall report quarterly to the Community Development
Director the amount, type and disposition of all wastes processed by
the facility. Included in the report will be copies of all manifests
showing the delivery and types of hazardous waste materials.
3. All structures shall remain accessible for inspection purposes.
E.
Closure Plan
The owner or operator of a hazardous waste management facility shall
submit a written closure plan. A copy of the approved plan, and all
revisions to the plan shall be kept at the facility until closure is completed.
The plan shall identifY steps necessary to completely or partially close the
facility at the end of this intended operating life. The closure plan shall
include at least:
1.
A description of how and when the facility will be partially closed,
if applicable, and finally closed The description shall identifY the
maximum extent of the operation which will be open during the life
of the facility.
2.
An estimate of the maximum inventory of wastes in storage and in
treatment at any time during the life of the facility.
3.
A description of the steps needed to decontaminate facility
equipment during closure.
4.
An estimate of the expected year of closure and a schedule for final
closure. The schedule shall include, (at) a minimum, the initial time
required to close the facility and the time required for intervening
closure activities which will allow tracking of the progress of
closure.
The owner or operator may amend his closure plan at any
time during the active life of the facility. (The active life of the
facility is that period during which wastes are periodically received.)
The owner or operator shall amend the plan whenever ch~j?;es in
17
operating plans or facility design affect the closure plan, or whenever
there is a change in the expected year of closure. When the owner
or operator requests a permit modification to authorize a change in
operating plans or facility design, a modification of the closure plan
shall be requested at the same time.
.:
5. The plan shall clearly indicate an effective and ongoing use for the
facility after closure. The plan will identify how the subject property
will be used after the anticipated life of the project; the nature and
type of reclamation, provisions for maintenance of the project and
finally the requirements for long-term monitoring of the reclaimed
area to ensure no hazardous materials are leaking from the site.
6. The plan shall indicate fmancial arrangements (irrevocable trust or
other form of security arrangement) for the purpose of providing
funds for the closure of its site and its long-term post-closure
monitoring maintenance, per section 8-104. 7F below.
F. Financial Responsibility:
The owner/operator shall show proof of liability insurance as follows:
1.
The types, amounts, periods of coverage, and provisions for periodic
review as to adequacy of coverage shall be specified in the
conditions of approval. Required insurance shall include, but not be
limited to: general liability insurance, automotive liability insurance,
environmental impairment liability insurance, and architect's and
engineer's professional liability insurance.
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All such insurance shall name the City as an additional
insured and shall be maintained for the life of the site and such
additional periods as shall be specified in the conditions of approval.
2. Additionally, coverage will be provided for workers compensation
insurance and such other insurance as may be required. Said
insurance will name the City as either additional insured or as an
additional loss payee. Certificates of insurance will be submitted to
the City annually.
..,
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An irrevocable trust will be established to provide funds for closure
of the site and its long-term post-closure and monitoring and
maintenance. Funds for this trust would be provided by the
owner/operator of the facility quarterly based on quantity and types
of percentage of gross income. The terms of the trust would be as
agreed upon by the project owner/operator and the City. Th~ terms
.
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8-104.8
8-104.9
8-104.10
will be reviewed annually in regards to the amount of funds in the
trust and anticipated closure monitoring and maintenance costs.
Applicants shall provide a bond in an amount to be detennined by
the City for purposes of closure of the site.
4.
The owner/operator shall defend, indemnify, and hold hannless the
City, its officers, agents, servants, and employees, from all claims,
actions or liabilities arising out of the issuance of this permit,
operations at the facility and transportation of wastes to and from the
facility .
LOCAL ASSESSMENT COMMITTEE (LAC)
A.
Pursuant to Section 25199.7 (d) of the State Health and Safety Code, the
City Council shall appoint a seven-member Local Assessment Committee
(LAC). The City Council has discretion to appoint additional members to
this committee as they deem appropriate. The membership, responsibilities
and duties shall be consistent wit the provisions of Section 25199.7 of the
State Health and Safety Code. The LAC shall cease to exist after the final
administrative action has been taken by the state and local agencies on the
permit applications for the project for which the LAC was fonned.
B.
The approval body shall provide staff resources to assist the LAC in
performing its duties. (Requirement of Section 25199.7(d)(3) of the
California Health and Safety Code.)
c.
If the LAC and the applicant cannot resolve any differences through the
meetings specified by State Law, the OP A -may assist in this resolution
pursuant to Section 25199.4 of the California Health and Safety Code.
(Requirement of Section 25199.7(h) of the California Health and Safety
Code.)
HEARINGS AND NOTICE.
Hearings and public notices shall be consistent with the applicable
requirements of Article 8.7 of the State Health and Safety Code and Section
8-94.0 CONDITIONAL USE PERMITS, of the City of Dublin Zoning
Ordinance.
FINDINGS.
In order for the Planning Commission to approve a hazardous waste facility
application, the commission must act on this application prior to approving a
Conditional Use Permit for a hazardous waste facility. The Planning
Commission shall fmd that:
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8-104.11
8-104.12
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8-104.13
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A.
The project is consistent with the City's General Plan and Zoning
Ordinance.
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B. The project is not detrimental to the public health, safety or general
welfare of the conununity.
C. The project site is or will be adequately served by roads and other
public or private service facilities.
D. The project is consistent with the regional fair share facility needs
assessment and siting policies established in the Alameda County
Hazardous Waste Management Plan.
E. The project complies with the facility siting criteria per Section 8-
104.6.
APPEAL
An applicant or an interested person may file an appeal of a land use
decision made by the City Council to the governor's appeal board within
thirty (30) days after the date the City takes final action on the land use ....~'
decision pursuant to California Health and Safety Code section 25199.9
Procedures for filing an appeal are outlined in Section 25199.14 of the
California Health and Safety Code.
TIME LIMITS.
A.
A Conditional Use Permit granted for an off-site hazardous waste
facility shall be exercised within three (3) years from the effective
date thereof, or within such additional time as may be set in the
conditions of approval, which shall not exceed a total of seven (7)
years; otherwise, the permit shall be null and void. The term
"exercised" shall mean the beginning of substantial construction of
the use that is authorized, which construction must thereafter be
pursued diligently to completion.
B. Permit review and renewal shall be determined at the time of
approval and shall not exceed five (5) years.
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES.
Household Hazardous Waste Collection Facilities which meets the
requirements of Article 10.8 of the State Health and Safety Code shall meet
the requirements of this chapter provided that the Conununity Development
Director may exempt informational or analysis requirements of Sections
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8-104.4, 8-104.6 and 8-104.7 where the data are determined to be
nonessential for the approval of the permit.
Section 6.
This ordinance shall take effect and be enforced thirty (30) days from and after its
passage. The City Clerk of the City of Dublin shall cause this ordinance to be posted in
at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
13th day of August, 1996, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN :
Mayor
ArrEST:
City Clerk
g:pa96024\ord 1
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!AS
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Cha pter 2
POLICY DIRECTIONS FOR HA.ZA.RDOUS W...~STE
MANAGEMENT IN AL..~MEDA COUNTY
A. Th'TRODUCTION
This chapter e>...-plains the policy framework in which this plan was developed and which is intended
to guide its implementation in lJameda County through the turn of the century. It also describes
how the plan relates to the hazardous waste management policies of other levels of government, as
well as to existing county policies.
B. FEDERAL A...""l) STATE POLICIES A..:'\"D REQDlREl\1ENTS
.'
Recent state and federal leIDslation has established clear policies concerning management of
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hazardous wastes. These policies express a preference for reducing waste generation., and mandate
a near-total phaseout of land disposal of all untreated hazardous wastes between 1985 and 1992,
Tnese wastes are to be treated, greatly reducing the remaining risks to public health and the
environment.
In a significant break from traditional hazardous waste management approaches, Congress in 1984
established a new policy direction. This policy states that land disposal should only be used as a
last resort for residues from waste treannent, and eliminated as quickly and completely as possible
for all untreated ~astes. The 1984_ federal Hazardous and Solid Waste .-\mendments (HSWA) to
the Resource Conservation and Recovery "Act (p. L. 98-616; 40 CFR Pan 240 et. seq.) requires a -
nationwide phaseout of disposal of all untreated liquid hazardous wastes on the land by 1992-
including disposal in landfills, pits, ponds, lagoons, surface impoundments, injection wells, or
similar facilities.
Comrressional intention on this issue is sDecmc. In the oDening statement of its findings and
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objectives in this legislation., the House-Senate conferees expressed the judgment by Congress that
the risks from land disposal were too great and made clear their preference for alternative
management approaches for dealing with hazardous wastes:
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Tne Conferees intent to convey a clear and unambiroous message to the rerruiated
communirv and the Environme~tal Protection A..Qen~: reliance .~n land disu;sal of
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hazardous waste has resulted in an unacceptable risk to human health and the environment.
Consequently, the Conferees intent that through the vigorous implementation of Iris Act,
land msnosal 'Will be eliminated for manv wastes al"1d rni.nirnized for all others, and that
advance'd treatment. recvclim:z.. incine~ation., and other hazardous waste comro!
technologies should ~eplac~ land' disposal. In other words, land disposal should be used
-iXHIBIT C.
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om~' as a l~t resort and only under conditions wruch are fully protective of human he2.1t~
ana the envrronrnent. I "'0
HS\V A established a statutory presumption against land disposal of all untreated hazardous wastes
unless the U.S. Environmental Protection Agency (EPA) specifically found that such a ban for a
panicular waste was not required to protect huma.l1 health and the environment. The amendments
established a set of specific deadlines for banning groups of hazardous wastes from land disposal.
EP A can eX'1end these deadlines for up to .2 years omy if there is a lack of alternate treatment
capacity to handle those wastes, thus providing the link to successful planning and siting.
HSW A brought small quantity generators (those producing less than 13.2 tons annually) into" the
federal "cradle to grave" hazardous waste management system for the first time; required
generatOrs to cenHy their eifons at reducing their waste production; greatly strengthened
operating, groundwater monitoring, financial capability, and closure standards for hazardous \vaste
management facilities; and established a national program to address leaking underground storage
tanks.
In many respects, California has led the nation in acting to protect public health and the
environment by restricting the land disposal of hazardous wastes. This program, begun in 1981,
served as the national model for the.1984 federal HSW A For example, HSW A incorporates the
so-called "California List" ofhazardous wastes to be banned from land disposal, so named because
pre-existing California law provided for similar restrictions. Tru-ough a large number of statutes,.:
the state has restricted the ability of generators to continue to rely on land disposal. ":'.:.'
The Toxic Pits Cleanup Act (Katz, 1984) required Regional Water Quality Control Board
(RWQCB) inspections of surface impoundments and other pits, ponds, and lagoons used for
hazardous waste disposal, and significantly limits their continued operation. In ~986, California.
accelerated thIs program through the hazardous \Vaste !\1anagement Act (SB1500, Roberri), which
requires the state to promote reduction in hazardous waste generation, increase recycling and .
treattnent of hazardous wastes, and allow land disposal of treatment residuals only. The California
phaseout relative to land disposal is more restrictive than that under RCRA and HS\\' A The
Legislature declared:
The disposal of untreated hazardous waste in., or Onto the land vvithout adequate technicaJ
safeguards tru-eatens not only the quality of the state's land, air, and water resources, but
poses a direct hazard to health and safety by exposing the public to substances that have
been found to cause cancer, birth defects, miscarriages, nervous disorders, blood diseases,
and damage to vital organs and genes.... 1t is, therefore, in the public interest to establish a
program to limit the use of land disposal practices which do not meet certain prescribed
standards and promote alternatives for hazardous Wa51e management.:2
lL:~s11ative History, Hazardous and Solid Waste Amendments of 1984, Public Law 98-616,98 Stilt. 3211,.
p.:)C5 .
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'Tft1&1t:fATtA 1986 (SB 1500. Robe,!;). ., pas;ed. p.1.
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No untreated 'wastes may be placed on or in the land in California after May 1990, as a result of SB
1500, which accelerates the federal mandate. Tnis act, sismed on the same day as the ..\13 2948
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planning and siting statute, e:>.."tends state policies to reduce the volumes of hazardous wastes bein!!
disposed on land. The act directs the State \Vater Resources Control Board (S\^lRCB) and State
Department of Health Services (DHS) to promote hazardous waste management practices
folloVving the hazardous waste mana!!ement hierarchv: reduction in hazardous \vaste !!eneration..
recycling, treatment, and land disposal only of residuals from recycling and treatment. -
;~U1Other significant policy directive, the federal Superfund l\mendments and Reauthorization Act
(SARA) of 1986, requires each state to pro\ide EPA by October 1989 with assurance that
adequate hazardous waste treatment or disposal facilities Will be available for handling the state's
waste stream. This can be accomplished either ~ithin or outside the state in accordance with an
interstate or regional agreement, to provide adequate capacity for the destruction., treatment, or
secure disposition of all hazardous wastes that are reasonably e"-"pected to be generated during the
nex"t 20 years. If this assurance cannot be provided, EPA could withhold Superfund monies from
the S1ate to provide for cleanup of known and yet to be identified hazardous waste sites.
Inherent in satisfying these state and federal laws, and the approximately 150 Other pieces of related
legislation that have been passed over the last 3 years, is the need to establish a comprehensive
pla..'1I1ing process to address hazardous waste management in a rational way. This need has been
recognized in ..\13 2948 (Tanner, 1986), which established an opponunity for each county in
California to develop and implement a County Hazardous Waste Management Plan. 1n adopting
the Tanner Bill, the Legislature saw the need for reducing hazardous waste generation as well as
siting enviromnentallyappropriate alternatives to land disposal of untreated wastes:
Safe and responsible management of hazardous wastes is one of the most important
environmental problems facing the state at the present time. This management is critical to
the protection of the public health and the environment and also to the economic growth of
the state. Jf environmentally . sound hazardous - waste facilities are not available to
effectively manage the hazardous wastes -produced by the many indusuies of the state, the
state's economic activity 'Will be hampered and cannot prosper, public health and the
environment will be threatened by the increased illegal disposaL and the use of outmoded
disposal practices will continue....3
A solution to the safe and responsible management of hazardous wastes also requires
improved programs of waste source reducrion and recycling, and encouragmg onsite
treatment of hazardous wastes. as Dfeferable to the sitim.~ of new land disDosal racilities.
, . _ f
The goal or this act, which recognizes the long-term health, environmental, and economic
risks of hazardous waste land disposal, is to prevent hazardou.s waste from being
permanently disposed into land, or emined into the air, without being processed by an
econDmically and technically feasible alternative technology. Anaining this goal will
:'5ec. 1(a)(2), Health and Safety Code
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require the development of feasible programs which should result in the reduction of the.__c
volun:e and hazard of hazardous v..astes at th~ir source, and ~e development of e>.:p~.':::
recycling programs for hazardous waste. This goal also reqwres that, as an alternauveY
traditional land disposal methods, residuals repositories be utilized for the byproduct5 of
preferred hazardous waste treatment technologies. Because of the threat to public health
and safety posed by the traditional land disposal of hazardous wastes, it is necessary that
these methods of dealing with hazardous wastes come quickly into place.4
The Legislature, therefore, declares that it is in the public interest to establish an effective
process for hazardDus waste management planning at the IDcal level. This process is
consistent with the respDnsibility Df IDcal gDvernments to assure that adequate treatment
and dispDsal capacity is available tD manage the hazardous wastes generated within their
jurisdictions. 5
C. EXISTING COID\'TY GOALS A1\'D POLICIES
Policies in the ..6Jameda County Solid Waste Management Plan provide imporrant starring points
for the comprehensive approaches to hazardous waste management planning.
COUNTY SOLID WASTE MANAGEMENT PLANNING e)
Before A.B 2948 was passed, COUDty hazardous waste management planning was authorized under ."
state statutes mandating every county to prepare a COUDty Solid Waste Management Plan with
triennial updates. The portion of the Solid Waste Management Plan dealing with hazardous waste
disposal was required to be reviewed by DES for conformity with state hazardous waste standards.
DHS recommended that the discussion of hazardous- wastes be prepared as a separate element of.
the County Solid Waste Management Plans.
The 1987 Alameda County Solid Waste Management Plan contains a separate Hazardous \\Taste
Element, prepared after the passage of AB 2948 but before the development of the DHS
Guidelines for the preparation of County Hazardous \Vaste Management Plans. This element
represents "an interim approach to management of hazardous waste in Alameda County that will
be Iollowed by a detailed COUnty Hazardous Waste Management Plan." TIlls Hazardous Waste
Management Plan will supersede the infonnation and prograJrl.5 contained in the ..6Jameda County
Solid Waste Management Plan.
4Section 1(a)(4), Health and Safety Code
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5Section 25135(b), Health and Safety Code
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D. OVERALL GOALS A.,,\'D POLICIES FOR HAZARDOUS
WASTE M.ANAGEMENT
Goals, policies, objectives, and activities all have specific meaning in this plan:
.
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Goals, as broad statements of fundamental values, serve to orient policy discussion
and guide decisionmaking. They reflect consensus on basic social, political, and
economic aims.
policies characterize the directions taken regarding major issues: steps designed to
achieve the goals. They reflect decisions made after consideration of specific
alternative positions and are the basis for directing development and implementation
of the .Alameda County Hazardous Waste Management Plan.
.
Objectives-specilic statementS of desired achievementS over time-are measurable.
Progress toward reaching them can be assessed at specilic points during
implementation of the .Alameda County Plan. They are the key milestones between
1988 and 2000 in carrying out the policies to reach the goals.
.
Activities are those steps needed to acbieve the objectives in a timely fasbion. They
describe the responsibilities, timing, and resources to achieve objectives.
Basic goals and policies for hazardous waste management in Alameda County are discussed in this
chapter, specilic objectives and the activities that comprise the ~plementation elfon, including the
various new and revised programs to be developed.for action in Alameda County, are discussed in
Section IV (implementation).
These goals and policies are based on extensive discussion by the Waste Management Authority's
Hazardous Waste Committee elected officials, Hazardous Waste Management Advisory
Committee, city managers, industIY, and the general public regarding those major issues affecting
Alameda County's Hazardous Waste Management Plan.
The primIDY goals of Alameda County's Hazardous Waste Management Plan are to protect the
public health, welfure and Sllfety, and the environment, and to preserve and enhance the economic
vitality of the county by providing an overall frainework for responsibly managing hazardous
...=es over the next decade or longer. Another goal is to assist indusuy and governmem in
meetin~ state and federal reouirementS to eliminme land disoosal of untreated hazMdous wastes by
1990 ,;;ith a minimum of ec~nomic distuption or improper (or illegal) waste storage, management,
or disposal. All areas of California share responsibility for meeting these goals on an equitable
basis.
L~ accord with the provisions of state law (AB 2948; Tanner, 1986), new hazardous wa51e
manage.'1lent facilities and si!miiicant eA-nansions of existing facilities must all be consist;J't with the
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, POLICY 3: H.l\ZARDOUS M.ATERIALS USE REDUCTION
.:<
RA.ZARDOUS MATERHLS USE REDUCTION SHOuLD REPRESENT A TOP PRIORITY
IN ALA.MEDA CO~TY'S PLA....~ A.i\TD FURSIJIT OF TIlE HlER..-\RCHY
Policy 3A. Hazardous materials Use reduction is a top priority of the Plan. The counn', its
cities, the special districts, and the Waste Management A,uthority will promote an aggressive
hazardous materials USe reduction eifOlt for all existing industry, and will encou,.""e existinQ
industry to conduct hazardous materials use reduction audits and develop plans fa; toxic us;
reduction. These agencies of government should work cooperatively with industries, assisting and
supporting them in eifOlts to use fewer toxic materials in manufucturing processes whenever
feasIble. Reduction in materials use is the most eifective method of reducing waste from the
standpoint of cost to industry (manufacruring and disposal) and COst to government Oess regulation
and reduced need for treatment and disposal facilities).
Policy 3B. Fmns wishing to locate in Alameda County (or to expand eJOstmg facilities
signiJicantly) sha1l demonstrate commitment to the policy of hazardous materials use reduction as a
condition for receiving land use approvals and business permits. Industries may be required to
supplement initial designs with mandatory plans to further reduce the amount and toxicity of
hazardous materials required for manufacruring processes. Progress toward accomplishing this
objective shouid be assessed as part of the permit renewal process. .',
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POLICY 4: SOURCE REDUCTION M"'D WASTE MlNIM:IzAnoN
SOURCE REDUCTION AND WASTE MWlMrzATION .4..RE A TOP PRIORITY IN
ALAMEDA COUNTY'S HAZARDous WASTE MANAGEMENT PLAN
Policy 4A. Source reduction and waste minimization are a top priority of the plan. The
county, its cities, the special districtS, and the Waste Management Authority will promote an
aggressive effort for all existing industry. Special new efforts will be devised and implemented to
ensure maXimum pursuit of source reduction and waste minimization at these existing facilities.
Government agencies should encoul"2ge innovative private-sector waste reduction activities and
should act to remove barriers to wider Source reduction and recycling through creation and
implementation of a waste reduction program designed in coneen with both large and small
generators in .4Jameda County. The \iVaste Management Authority will develop a model source
reduction program as its highest-prioriTy task in implementing this plan. \\There barriers exist that
are bevond the direct control of local 20vemments and districts to resolve" .local ae-encies will
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advise appropriate State Dr federal authorities 'With recommendations for removing the barriers to
accelerate source reduction.
Polity 4B. Implementing an aggressive waste reduction program will require 10calt
governments to work closely and cooperatively with industry and draw upon its ex-penise. The
DoiiC\, of :\1arneda Counn' its cities sDeciaJ districts, and the Waste Manae-ernenr Authorirv is to
;"'ork conaboratively in a 's~irit of p~blic-private pannership with local ~, e.'<isting aDd n~v, 'ij>,
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,pursuing w2.Ste reduction and implementing the hazardous waste management hierarchy. Waste
reduction can be rapidly implemented by each :firm to the ma>dmum extent economically feasible.
POLICY 5: ONSITE lREATMENT
1BE PLAN SHOULD ENCOUR.A.GE ONSITE TREA'I1v.1B\'T IN PREFERENCE TO
OFFSlTE TREATMENT OF HAZARDOUS WASTES FROM AL.6JvfEDA COUNTY
GENERATORS
Polic)" 5. ..6Jameda County, its cities, the special districts, and the Waste Manageme~t
..\uthoriry encDurage firms whenever practical to employ onsite management in preference to
ofIsite management of hazardous wastes. Firms should incorporate onsite management as part of
overall manufacruring processes in order to reduce tranSportation risks to the community. Special
anention should be given to the needs of small business generators for whom some types of
hazardous waste management may not be practical onsite. While regulatory measures to give
. priority to onsite hazardous waste management may be needed, rigorous enforcement of stand~ds
necessary to protect the public health, safety, and welfare or the environment should be
undenaken.
POLICY 6: CENTRALIZED VS. DISPERSED FAcn..ITIES
OFFSITE HAZARDOUS WASTE MANAGEMENT RECYCLlNG AND TREATMENT
. ACTIVITIES SHOULD BE CENTRALIZED IN A RELATIVELY SMALL NUMBER OF
.: LARGEFAClLITIES ..
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Policy 6. Alameda County, its cities, the special districts, and the Waste Management
'. , lwthoriry strongly encourage locating offsite hazardous.waste management facilities as close~y as
possible to the sources of hazardous waste generation., taking intO consideration the siting of such
facilities within the jurisdiction where the predominant amount of waste to be processed by the
facility is generated. Within the pracrica1limitsreasonably imposed by economies of scale, market
service areas, and environmental suitability (including consistency with the siting criteria contained
in this plan), hazardous waste management facilities should be dispersed as close as possible to
clusters of hazardous waste generation sources. This is consistent with implementation of the
hazardous v;aste manaeement hierarchv and with Alameda County's intention to distribute facility
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siT;ng decisions fairly at the County's jurisdictions according to their basic shares ofloeal hazardous
waste generation.
POLICY 7: TRANSFER STATIONS
DEVELOP:MENT OF NEW H.A.ZARDOU5 W ASTE1RA~SFER 5T ATIONS AT
.~PROPRIA.1E (DISPERSED) LOCATIONS ll-.1 AL.AMEDA COUNTY SHOill.n BE
ENCOURAGED
Policy 7. A1arneda Countv its cities. the special disu.;cts, and the Waste Management
Authority recognize the impo~C:nt role played by hazardous waste transfer statio~~ ,_dispe:~T~
>.)~~.~ ~.;.i. ~~:I J
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~.I~on~ .c1uste:s of generators; taking into consideration the siting of such facilities within th.'-'.j
JllnSdlctlOn Where the predommant amOUnt of waste to be processed by the facility is generated. _.
Easily-accessible transfer facilities will be encouraged as a key to the County's ability to address the
hazardous waste management needs of its smaller generators and households. This is an essential
element in implementation of .AJameda County's small quantity generator and household hazardous
waste programs.
POLICY 8: SMALL GEI'\"'ER-\.TORS
ATTE~lION SHOULD BE DIRECTED TO SM.A.LL BUSINESSES 1R.<\T GENER-\TE
SMtU..L QUA..."N 1l1ll:::S OF Ht\.Z.A.RDOUS WASTES
Policy 8A. The highest priorITy for immediate attention in this hazardous waste management
DIan is to meet the needs of the lanzer industrial finns that generate the greatest volumes of
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hazardous waste. These generators will be expected to comply first with the provisions of Policies
2B and 2C regarding the hazardous waste hierarchy. Small finns and small generators of
hazardous Wastes have special needs and pose enormous potential risks from possible ilIe.!!al
disposal of these waste. Special attention from local governments should be directed to small
generators. .AJameda County, its cities, the Waste Management .4.llthority, and the special districts
address the special hazardous waste management programs of small business/small quantity
generators by first identifying such a generator -and then by identifying and reducing barriers to .":
improved practices, especially waste reduction. The Plan encourages waste management firms to :
provide regulatory and technical information, affordable waste audits, and picJ....up and recycling
services specifically tailored to small businesses. Special programs to provide financial assistance
(e.g., loans or loan guarantees) to allow smaller firms to pursue the hazardous waste hierarchy are
also needed on a high-priority basis.
."' Policy 8B. Programs to assist small business hazardous waste generators in Alameda County
should,be designed to be self-sustaining by providing their own revenue source(s) (e.g., through
fees or, the like). However. such a funding basis should be designed not to impose such a burden
on the program's target groups that it discourages their participation and responsible hazardous
waste management. The availability of state grants, loans, and loan guarantees and of creative
private-secror iinancing mechanisms all deserve careful exploration.
POLICY 9: HOUSEHOLD a"ZARDOUS WASTES
A PROGR<\M FOR HOUSEHOLD R<\ZARDOUS \VASTES SHOuLD BE DEVELOPED
1;5
Policy 9. .4.n effecrive ongoing program should be developed to help educate households ineAlameda COUnty regarding household hazzrdous materials and 'Wzstes and the potential effects
when these wastes are discarded into landfills. The program must provide for effectively collecting
household hazardous Wastes. Funding for household hazardous waste programs should be sought
from the state, Alternatively, a modest surcharge could be added to existing f~s for garbage
coJjection and disposal under the provisions of AB 1809 (Tanner, 1986). Provisions should
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.' evenrually be made to treat household hazardous wastes rather than disposing of them in hazzrdous
.....V'2..ste landiills.
POLICY 10: PUBLIC PARTICIPATION
Pu""BLIC P ARTICIP ATION IN HAZARDOUS WASTE M.-\.NAGEMEN"T PLA...},i1~1NG ..\..1\:TI
SPECIFIC FACILITY SITING IN ALA.MEDA coUNTY SHOULD BE ENC01JR..~GED
Policy 10. Active public involvement, on the pan of both citizens and indusuy, in developing
and implementing the Alameda County Hazardous Waste Management Plan is essential. It fOnTIS
the basis for a responsible program to protect public health, safety and welfare, and the
environment in order to move away from reliance on land disposal. The economic vitality of
:~.1ameda County can best be maintained through the cooperative involvement of local industry in
developing and implementing the plan. All sectors of the public, including large and small industry
and civic and environmental organizations, are encouraged to panicipate in plan development and
implementation. Alameda County, its' cities, special dismcts, and the "Waste Management
lUlthori'ry must all encourage active public involvement in the hazardous waste planning and siting
process.
POLICY 11: PUBUC EDUCATION
.AN ONGOlNG PUBLIC EDUCATION PROGRA..M. ON H...QARDOUS MATERIALS A.1'>.'I1)
. HAZARDOUS WASTES SHOULD BE lNSITI1JTED IN ALAMEDA COUNTY
Policy 11. . Alameda County, its cities, special districts, and the Wast.e Management Authority
will promote widespread ongoing education of -citizens -- on hazardous materials and waste
mana2:ement issues. Citizens have a ricl1t to know how these materials and wastes are mana!!ed
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_ and ways in which people can contribute to improving that management and the protection oftheir
..' health, safety, and economic well-being.. ..
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Local agencies will also make special enonS to include indusuy-especially smaller businesses-as a
target of educational and outreach efforts, and a vehicle for citizens' education. Adequate funding
will be SDUght to sustain a long-term public education effort. The public panicipation effon
undenaken as pan of the development and implementation process represents a major component
o:this education. The purpose ofa strong public panicipationieducation program is to educa1e 1he
public over the long-term to improve me level of general understanding about hazardous waste
maJ1agement issues; to inform the public about the planning and siting process; to involve the public
in the process; and to incoroorale the public's concerns and issues h"1to the Plan'process.
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. POUCY 12: REGIONA.LA1'\'D STATEWIDERESPONSIBlLITIES
ruE PLAN SHOULD IDTh'TIFY A~rn .t\DDRESS ALAMEDA C01JNTY'S RE-
SPONSIBILITIES TO OTIrER COUNlIES IN CALIFORl\1JA TO HELP MEET OVER..tU..L
REGIONAL .4....ND ST ATEW'IDE R-\Z.4..RDOUS WASTE MANAGEMENT NEEDS
e::,
Policy 12A. Alameda County, its cities, special diStricts, and the Waste Management Authority
recognize their responsibility to join in with other governments in the region and the state in
planning for the effective management of all the hazardous wastes generated in the rerrion and the
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state in accord with the hazardous waste management hierarchy set fonh in Policy 2B. Le2aJ
constraints such as the Interstate Commerce Clause in the US. Constitution limit lo~
governments' ability to restrict use of privately-owned hazardous waste management facilities to
those generators located within their own jurisdictions. Therefore, sound hazardous waste
management planning, waste reduction efforts, and appropriate facility siting are the mutual
responsibility of all governments. .tUameda County, its cities, the special districts, and the Waste
Management Authority encourage multi-county and regional effons to plan and implement
alternatives to land disposal of hazardous wastes and to limit the risks posed by large-sc.aJe
transportation of hazardous wastes around the state. Local agencies will participate in and suppon
effons designed to allocate and develop facilities among all jurisdictions according to
imeIjurisdictional agreements, each facility's environmental suitability, and each facility's economic
viability.
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Policy 12B. Alameda County, its Clnes, the special districts, and the Waste Management
Authority encourage developing new hazardous waste management facilities adequate by type and
capacity to meet all of the expected or potential needs of hazardous waste generators located
within Alameda County, including sufficient redundancy to, ensure fle..xibility in responding to
unanticipated future events~ - ,.
Policy I2e. Alameda County, its cities, special districts, and the Waste Management Authority
agree to consider as part of an intercounty compromise set foITh in a fonnal intercounty agreement
to host an environmentally appropriate, economically viable hazardous waste management facility
(or facilities) within its own borders and designed to serve the needs of hazardous Waste generators
in other counties as well as generators within Alameda County. Facilities that are built in accord
with intercounty agreements will receive loca1land use approval in accord with existing legislation.
Policy 12D. Local jurisdiction will assure that private firms located in iJameda County and
using out-of-county hazardous Waste management facilities follow all appropriate federal and state
procedures; that they pursue aggressive source reduction; that such facilities_.receive all necessary
mitigation measures to protect the environment and public health in their vicinity; and that host
counties are adequately compensated as provided under state law. ..tJameda Coumy and the Waste
~~ag~em dAuthOrity similarly seek recip~oca1ili. a~eemdendts with other cOuntiesfr to pro~~e e..
mmgauon an compensation for hosting a lac ty mten e to serve generators om outsloe
Alameda County.
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,Policy 12E. ..6Jameda County, its cities, special disrricts, and the Waste :Management Authority
will consider the feasibility and desirability of developing innovative new fee and rebate
mechanisms designed to provide specific fiscal incentives for local hazardous waste generators to
follow the hazzrdous waste management hierarchy and to make maximum use of those hazardous
waste management facilities located within Alameda County (or to use those out-of-county
facilities covered in a formal intercounty agreement).
POLICY 13: ALAl\1EDA COUNTY WASTE MANAGEMENT AUTHORITY M.AY
CONSIDER DEVELOPING CERTAIN PUBllC HAZARDOUS WASTE MA.NAGE-
MEI'il FACll.lTIES
Policy 13. If necessary, the Alameda County Waste Management Authority, in cooperation
with local jurisdictions, will eXl'lore the possibility of developing facilities needed to serve
generatOrs in the county that may not otherwise be developed appropriately by private develooers.
Joint public-private combinations might be explored as well.
POllCY 14: HAZARDOUS W ASTE MA...~AGEMI~l PL.\...~~G A..l\TU SITING
pRINCIPLE
The County and its cities will act to provide for the safe, effective management of hazardous waste
generated within the county. New oifsite hazardous waste IDlUlllgement fucilities shall be primarilY
limited to a scale necessary to meet the hazardous waste management needs of this county: larger
facilities may be permitted in accordance with agreements reached between this county and other
. jurisdictions or upon. detennination of the local governing body that the project meetS local
pbmning criteria and serves public needs. The'faii share principle,' as defined below, will guide
the County's efforts to provide for the management of hazardous wastes generated within the
county.
..
The County and its CItIes recognize their collective responsibility to cooperate with other
governments in the region and the =e in planning for 1he effective IDlUlllgement of hazardous
'wastes e.enerated in the reman and the state in accordance with the hazardous waste manaQement
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hierarchy. Sound hazardous waste management planning, waste reduction efforts, and appropriate
facility siting are the mutual responsibility of all governments. To this end, the County and its cities
encourage multicounty and regional efforts to plan and implement alternatives to land disposal of
ur.:reated wastes and to limit the risks posed by transponation of hazardous wastes around the
state. A.greements for new facilities to provide the onsite capacity needed for 'hazardous waste
ueatment and residuals disposal should be reached among jurisdictions according to their fair share
of the ha.z3rdous waste stream, each jurisdiction's environmental suitability for different types of
facilities, their economic interests, and economic viability of different types and sizes of facilities.
imy privately-owned facility located in this county shall be available to serve generators from inside
and outside the County.
"Fair share" denotes that each county is responsible for the disposition of its ,.own waste; that is,
resDonsible for its share of waste manae.ement. A county cannot be required to accept a facility
wi~h a capacity that significantly exc~ds the county's ov-m needs,except as Pf"9vided., by an
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-' i..'1te~urisdictional agreement. It is recognized that the waste S-uearr1S in each COW1ty ",ill PjQbaDl~..~'~::
not support an economically efficient hazardous waste facility of each type' needed to handle a
counrys waste. Therefore, counties are encouraged to enter into interjurisdictional agreemems to
balance economic efficiency in the size offacilities and to responsibly handle their fair share of me
wastes generated. If the county has approved the siting of a facility or facilities that have a capacity
equal to or in excess of the county's total hazardous waste managemem needs, the county will have
achieved its fair share of hazardous waste management facilities siting and camlOt be forced to
accept the siting of additional facilities except as provided by interjurisdictional agreement. The
COW1ty recognizes that if it does not fulfill its obligations under Implementation Objectives 1-3
below, coumy policy with regard to the siting of facilities, will be to permit siting. of
environInent211y appropriate facilities, otherwise consiStent with the Plan, without regard to the fair
sh:are principle.
The Fair Share language does not become operative until imerjurisdictional agreements are in
place.
SITTh'G CRITERl~
Any proposed specified hazardous waste management facility shall be consistent with the goals and
policies of this Plan. In particular, any proposed facility shall be consistent with the fair share
principle and with any inteIju~s~crional agreements on hazardous waste management. . .Local .'
needs are to be the pnmary basIS ror this decISlOl\ along vvnh regIonal COIIllIlltmems. Specmcal1y, _.
facilities are to be designed and sized primarily to meet the hazardous waste management needs of
this county, or to meet the countis broader commitmems under an interjurisdictional agreement
or upon detennination of the local governing body that the project mee!$local planning criteria and
serves public needs. . .
]}\rPLE1\1El'-,"7A nON OBJECTIVES
(1) . Siting Consistency: The coup.ty, and each city, shall require that all local land use
decisions on siting 'speci:fi~d hazardous 'waste management facilities are consiStent with the goals
and policies and the siting criteria comained in the Plan. Specifically, the county will approve the
siring of an environmentally appropriate facility that is consistent with the policies of this plan and
disapprove the siting of a facility that is inconsistent with plan policies or is environmentally
. -
mappropnate.
(2) County Actions: The county will actively seek to meet itS unmet hazardous waste
rr..anagement capacity needs through any combination of the following: waste reduction, facility
siting, and inte1jurisdictional agreementS. Proposals for hazardous waste managemem facilities will
receive the full anention of the county planning staff and governing body. The cGumy will continue
to actively seek to meet its hazardous waste management capacity needs until such time as the
coum:y has met those needs through any combination of Waste reduction, facility siting, or
imerjurisdictional agreements. . ,,_. \ .,
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, (3) Focus of Interjurisdictional Agreement Negotiations: The county shall enter into
negotiations with other jurisdictions for the purpose of negotiating one or more interjurisdictional
agreements for the siting of hazardous waste management facilities adequate and necessary to meet
the needs of the signatory jurisdictions. Such agreements shall follow the principle offair share and
may take into account both the volumes and degree of hazard for the wastes generated that require
orrsite management within each panicipating jurisdiction and the degree of waste reduction effort
made by each participating jurisdiction.
lithe siting ofa particular type of hazardous waste management facility needed in this county is not
environmentally appropriate or economically viable, the county shall reach an agreement with one
or more other jurisdictions to facilitate the siting of a larger, environmentally appropriate and
economically viable facility (or facilities) to be located elsewhere. This county and its cities, in turn,
agree to actively consider and, if appropriate, to commit as part of an interjurisdictional agreement
to approve the siting of an environmentally appropriate facility (or facilities) within its o\\'"n borders
designed and sized to serve the hazardous waste management needs of other jurisdictions as well as
of this county.
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Cha pter 9
MEETING C.A.P.A.CITY ~TEEDS
A. INTRODUCTION
Health and Safety Code Section 2513 5.1 (d)( 6) states that instead of identifying specific facilities
a11d sites, the County Hazardous Waste Management Plan (plan) may include siting criteria to be
used in selectinS! sites for new hazardous waste manaS!ement facilities. In that case the Plan must
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also "designate general areas where the criteria might be applicable." These general areas are to be
sho"WTI on maps hI the Plan.
The purpose of this Chapter is to describe the siting criteria and designate general areas where the
criteria might be applicable, to the extent possible. However, because of the small scale of the
maps (1" = 3 miles) and the fact that some of the criteria are not mappable, the maps cannot be
used to select a specific site for a facility, Before considering any specific site for a facility, whether
in a designated area or not, each developer should consult the local jurisdiction for site specific
data.
It is important to note that any proposed facility -will be subject not only to the criteria induded in
this plan., but also to the permining process of the local jurisdiction in which the facility is proposed.
Local permitting processes may be more stringent than the County criteria and are likely to require
compliance with the California Environmental Quality Act and preparation of a risk assessment.
B. SITING cRITERIA
The siting criteria are intended to apply to siting decisions in unincorporated areas of the county as
well as in incorporated cities. They are to be used whenever a land use decision is required to site
and construct a new onsite multi-user ha:,;ardous waste management facility, significantly expand
or modify an existing hazardous waste management facility, or expand or modify.an existing oDS.ite
hazardous waste management facility to become an offsite facility for other generators.
Siting criteria have been developed to identify potentially enviromnentally appropriate locations for
hazardous waste management facilities. These criteria will help facility developers conduct a
preiiminary screening of Siles and understand the major issues of concern 10 the community. The
criteria developed for ..\lameda County include major requirements of federal and State laws and
re!!Ulations and oflocal planning documents. Tnis should assist developers in findin!! locations that
- . - .-
are consistent Vvith current legal and policy requirementS.
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Two categories of siting criteria have been developed for use in this Plan. They are as follows:
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Conditional: Designated facilities 1MY be located in areas that meet these criteria. if an
engineered SOlution can be found to mitigate potential incompatibilities between the facility
and surrounding land uses andlor potential impacts of the facility on its environment. Other
conditions could include funding an investigation, designing special mitigation features,
conduering a risk assessment to identify appropriate buffer zones, etc.
2. Exdusionary': Designated facilities cannot be located in areas described in these crite~a
due to incompatibility between the facility and the surrounding land area, based on
environmental, public servicelhealth, or land use constraints.
The criteria have been defined for three categories of facilities which have a potential to be sited in
iuameda County. The three types offacilities are as follows:
1.
Small-scale transfer and storage facilities: Facilities with wastestreams small enough to
be exempt from manifest requirements as described in California Health and Safety Code,
Division 20, Chapter 6.S, .';'..!1icle 6. Viasres from any given generator must not exceed a
total volume of five gallons or a total weight of 50 pounds. Household hazardous waste
collection facilities may be considered small scale at the option of each individual
jurisdiction.
.
2. Industrial transfer/storage/treatment facilities: Any hazardous waste management
facility which is not-a small-scale transfer and storage facility or a residuals repository. This
facility category includes but is not limited to:
a.
b.
Manifested wasre transfer station
Recycling facility
Aqueous treatment facility
Stabilization and solidification facility
Bioremediation
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d.
e.
3. Residuals Repositories: A hazardous Vv-aste disposal facility for collection of residual
wastes, defined as the residues from hazardous waste treatment facilities after treatment,
and other irreducible stabilized or detoxi.:fied hazardous wastes.
Table 9-1 presents the criteria ior each of the three C2.tegories of iacilities described above.
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C. CRITERIA. MAPPING ANl)
DESIGNATION OF GEN~RAL..illEAS
..,:,
AB-2948 and the DHS Guidelines require that counties which include siting criteria in their plans
must also idemii). "general areas where the criteria might be applicable" (QHS Guidelines, p. 3-11;
Sec. 25135.7 (a )(3), California Health and Saferv Code).
Several of the criteria shown in Table 9-1 are not mappable due to lack of infonnation, the scale of
the maps andlor the site specific nature ofthe criteria.
The mappable siting criteria are illustrated on Figures 9-1 through 9-8. Figures 9-1, 9-3, and 9-5
show land use, environmental, and high hazardJphysical criteria, respectively, for small-scale
transfer and storage facilities and industrial transfer/storage/treatment facilities. Figures 9-2, 9-4
and 9-6 show the same criteria for residuals repositories. Figures 9-7 and 9-8 are composite maps
shO\ving all areas meeting the mappable criteria for small-scale and industrial transfer/storage and
treatment facilities and residuals repositories, respectively. These are the designated general areas
where the criteria might be applicable.
The purpose ofthe siting criteria is to designate general areas only. Larger scale maps andJor field
investigations should be used by the developer to evaluate specific sites before permitting. .tuIy
pmposed facility meeting the general criteria will be required to comply with the California e:;,
Environmental Act and any applicable requirements of federal, regional, and local agencies and
jurisdictions, any of which may be more stringent than the general criteria included in this Plan.
The developer of a proposed facility will have to perfonn extensive evaluations to determine
whether a site satisfies all of the siting criteria
D. THE APPEALS PROCESS
AB 2948 created a new process to appeal local land-use decisions concerning hazardous waste
management facilities (Title 22, Sec. 25199.10, California Health and Safety Code). It is intended
to pro\-ide a regional or Statewide perspective to assure that the public health, safety and welfare
are adequately protected by new facilities, on the one hand, and on the other, to assure that an
enviiOnrnemally sound facility needed to serve the local area is not inappropriately denied by a local
iand-use authoriry. That is, the local area-i\.lameda County, its 14 cities and the JP A-is e>...-pected
to ful:5lJ its commitment to approve facilities piOposed which comply with these siting criteria
(inducing their conformance with local needs or inter-jurisdictional agreements). The state appeal
board has the .tulthority to overturn a local land-use decision concerning a multi-user hazardous
W2sre management facility which is found to be consistent with this Plan.
....
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50
NOTE TO READERS
.A.;'-:.""Y PROPOSED FACILITY 1v1EETDJG THE GEN"ERAL CRITERl.A.. \\lLL BE REQulJ\ED
TO CO:M:PL y \\TIH THE CALIFOR.."N"lA.. E1'-T\'1RON1v1EJ'.;T"f..<\L QUALITY ACT; .A.1~-y
..;J?PLIC.tillLE REQUIREMENIS OF FEDER.A..L, REGION.A.L, .A....1>...TI LOC.A..L AGENCIES;
:\..1",\1) THE PER.~l1TTING PROCESSES A..~TD POLICIES OF THE LOC.!U.. JURlSDICTION.
L.\RGER SC.A..LE MAPS .A....1>...TD FIELD ll\T\'ESTIGATIONS SHOULD BE USED TO
EVALUATE SPECIFIC SITES PRIOR TO PER.1vITITING. IN /illDITION, LOC..\L
JURISDICTIONS SHOULD BE CO~lACTED TO OBT A1N 1}..TfORlv1ATION ON LOCAL
SITING CRITERiA.. .A....1\ID PER.MITIlNG PROCESSES. LOCAL CRITERLA.. MAY BE l\10RE .
S1R.TI'JGENT THAN THOSE INCLUDED 1N THIS PL.A...."N. THE NOTES TILA..T ARE
INCLUDED AT TIrE TOP OF FIGu""RES 9-1 THROUGH 9-8 LIST THE CONDITIONAL
CRITERIA THA.T EACH DESIGNATED AREA MUST COMPLY ,",VITH AJ\.TD .A..RE .A...:.~
ESSE~lLA.L PART OF THE THESE M.:~PS.
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5'7
Three types of appeals are authorized. The developer can appeal a disapproval decision, or an
approval decision with such onerous restrictions that it amounts to disapproval. Alternative!y, an
interested person can appeal an approval on the grounds that the conditions imposed on the project
do not adequately protect the public health, safety, or welfare. An "interested person" is anyone
who attended a public meeting or hearing held on the project's application for a local land-use
decision. An appeal must be made to the Governor (or designee) within 30 days of the local
jurisdiction's final land-use decision on the project. The Governor (or designee) must determine
whether to authorize the appeal. In order for the appeal to be authorized, the developer must
demonstrate that all permits required from state agencies which can be obtained prior to project
construction have been obtained. Once those permits have been obtained and an appeal
authorized, the state Appeal Board is constituted.
The Appeal Board consists of seven members, five of them permanent and twO appointed only for
a specific appeal. Three permanent members corne from the state agencies that regulate hazardous
waste management in California: the Director of the Department of Health Services, the Chair of
the State \Vater Resources Control Board, and the Chair of the .till Resources Board. Two
permanent members are local elected officials, who serve four-year terms: a member of a county
board of supervisors appointed by the State Senate Comminee on Rules from a list of nominees by
the County Supervisors ..A..ssociation of Call1orrua (CSAC), and a member of a city council appoint-
ed by the Assembly Speaker from a list nominated by the League of California Cities (LCe), In
addition, two local elected officials are named to the Appeal Board to hear a particular appeal.
One is a member of the Board of Supervisors from the county where the project would be located,
and is appointed by the ..A..ssembly Speaker from a list nominated by CSAC. The other is a city
council member from the city where the project would be located (or, if the facility is proposed for
an unincorporated area, from the city which would be most directly affected), appointed by the
S_~nate Rules Committee from the list nominated by LCe. If a permanent member of tDe Appeal
Board is from the county where the project would be located, the temporary (i.e., ad hoc) member
must be from a different county.
\Vithin a month of an appeal being authorized by the governor, the Appeal Board holds a public
hearing in the ciry or county where the project would be located to heaT arguments from both the
lan.d-use author1ry and the developer (or interested parry). The Board must decide within 15 days
of this hearing whether to accept the appeal. An appeal of a local government disapproval of the
developer's application may be accepted by a vote of four Board .members if there is evidence that
there are compelling reasons to re\~ew the local decision when weighing the reasons for the local
der.ision agair.st statewide, region.a.l or county hzzardous waste management policies, goals, and
objectives. A.n appeal of a land-use approval Coy a developer appealing one or more onerous
conditions, or by an interested parry appealing a la:k of adequately protective conditions) may be
accepted by a vote of five Board members if there is a substantial likelihood of the appellant
prevailing on the merits of its appeal.a
If the Appeal Board accepts the anneal it convenes a second hearing in the affected city or county
to hear 'evidence. The ~atute pr~~d~s a specific th"11etable for holding the he~ng and issuing a
decision; it also provides guidelines for deciding the appeal. The Board must adopt the rebunable
presumption that the local land-use decision was correct and supponed by substantial reasons. To
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overrurn a local land-use decision disapproving a project, the Board must make a number ofA-,
-mandatory findings which include: that the proposed project is consistent with the Plan, if one ~:~:_-
been adopted by the county and approved by the state; that the project's environmental impacts will
be mitigated; that the project, if not a land disposal unit, is consistent with the applicable general
plan; and that alternative locations evaluated in the project ErR. (and identified in the
state-approved Hazardous Waste Management Plan) have been adequately considered. If the
Appeal Board finds that one or more conditions imposed on the project by the land-use decision
are so onerous and restrictive that the imposition is the same as a disapproval, or that one or more
conditions necessary to protect public health, safety, or welfare should be imposed, it may approve
the appeal and require the local government to modify its decision accordingly.
..tuJ Appeal Board decision overruming a local land use decision may be enforced by referral to the
state Anorney General, if the local government does not modify its decision within 60 days.
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