HomeMy WebLinkAboutItem 4.3 Hazardous Waste Mgmt Plan (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 14, 1992
SUBJECT: Alameda County Hazardous Waste Management Plan
e (Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: Exhibit 1 : Letter dated November 18, 1992 from
Alameda County Waste Management
Authority
Exhibit 2: Draft City Council Resolution
RECOMMENDATION: ;Adopt Resolution and direct Staff to transmit copies to
ZAlameda County Waste Management Authority, League of
California Cities, Senator Boatwright, and Assemblyman-
Elect Richard Rainey.
FINANCIAL STATEMENT: Undetermined potential economic development
impacts if the City has no land use control over
the location of future hazardous waste treatment
facilities.
DESCRIPTION: At the City Council meeting on March 23, 1992, the City
Council approved a resolution which approved the countywide Hazardous Waste
Plan. This Plan required approval by a majority of the cities with a
majority of the population. After receiving the necessary approvals, the
Waste Management Authority transmitted the Plan to the State for final
approval. An outline of the approval process is attached to the Waste
Management Authority letter (Exhibit 1 ) . The revised Plan was submitted to
the State in May of 1992.
The State Department Toxic Substance Control (DISC) informed the County in
September that it no longer had statutory jurisdiction over the approval.
The State has advised that they will be preparing recommendations over the
next several months. Obviously, there are technical reasons for the lack
of approval, however, it would appear to be in the interest of the State to
move expeditiously with a process to accommodate the resubmittal of plans
made to address prior State comments.
The Waste Management Authority has requested that the member agencies adopt
a Resolution supporting a process to approve the resubmitted plans. Staff
has prepared a resolution based upon the model presented by the Authority.
It is recommended that the City Council adopt the proposed resolution and
direct Staff to forward it to legislative representatives.
a:1214haz.agenda#10
----------------------------------------------------------------------
COPIES TO:
ITEM NO. CITY CLERIC
FILE I 1&512J2 O
RECEIVED
afar' eda county NOV 181992
WASTE MANAGEMENT 1.TY (7)7- DUBLIN
AUTHORITY
Thomas M. Martinsen
Eseculive Director
November 18 , 1992
Mr. Richard Ambrose
City Manager
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Re: Alameda County Hazardous Waste Management Plan
Dear Mr. Ambrose:
A revised Alameda County Hazardous Waste Management Plan was
developed in 1991, with the intention of meeting all state
requirements pursuant to the Tanner Act and maintaining local
prerogatives in hazardous waste management. The requisite
City and County approvals of the Plan were obtained by April
1992 and the Plan was then submitted to the regional office of
Cal EPA - Department of Toxic Substances Control for review.
Following favorable review at the regional level the Alameda
County Plan, and those of several other ABAG counties, were
submitted to the State central office.
Unfortunately, the State DTSC has concluded that it no longer
has authority to review and approve the Plans, as the
statutory deadline expired in early 1992 . Upon learning of
this, the ABAG counties and others across the State have met
to develop a course of action to gain approval for the Plans.
Without an approved Hazardous Waste Management Plan, Alameda
County could be subject to the siting of hazardous waste
facilities as deemed appropri to by State DTSC. This luck of
local control may have serious implications for Alameda County
and others in the future.
A resolution urging review and approval of the Hazardous Waste
Management Plans has been developed through the ABAG Hazardous
Waste Management Capacity Allocation Committee, on which
Alameda County is represented by President Mary King of the
Board 'of Supervisors and Mayor Michael Sweeney of the City of
Hayward. A sample resolution adopted by the Waste Management
Authority is enclosed, .along with a list of addressees to whom
this resolution has been sent, a fact sheet on hazardous waste
management planning and a copy of the recent letter from State
DTSC.
1933 Davis St., Suite 308, San Leandro, CA 94577 • (510) 639-24
Printed on Recycled Paper
.L
It is respectfully requested that this matter be scheduled for
consideration by your City Council in a future meeting. Staff
of the Waste Management Authority will provide additional
information. upon request. It is hoped that all Alameda County
City Councils will adopt a resolution similar to that
enclosed, and forward it to the appropriate state and local
officials with a copy to the Authority. Please feel free to
all if you would like any additional information or
assistance.
Sincerely,
Thomas M. Martinsen
Executive Director
data/support/authority/tanner.doc/z
Printed on Recycled Paper
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
RESOLUTION #225
MOVED: WITHROW
SECONDED: WIESRAMP
AT THE MEETING HELD OCTOBER 28, 1992
ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN
WHEREAS, the State of California authorized and encouraged
Counties to prepare Hazardous Waste Management Plans; and,
WHEREAS, the State of California required the Department of Toxic
Substances Control (DTSC) to review and approve county hazardous
waste management plans; and,
WHEREAS, the State of California required the DTSC to review and
approve resubmitted county hazardous waste management plans
within 90 days of receipt of revised plans; and,
WHEREAS, a DTSC approved hazardous waste management plan provides
for the reduction and disposal of the State's hazardous waste,
fair distribution of hazardous waste facilities and attempts to
retain local control of land use decisions; and,
WHEREAS, lack of an approved hazardous waste management plan
results in a loss of local land use control and of proper
management of hazardous wastes; and,
WHEREAS, counties and cities, within the San Francisco Bay Area
and the DTSC Region 2 staff as well as the central Sacramento
office of the DTSC have worked together for over five years to
prepare approvable hazardous waste management plans including
mutually agreed time lines; and,
WHEREAS, following resolution of all outstanding issues the
regional staff forwarded to the central DTSC office the redrafted
hazardous waste management plans of the Bay Area counties for
approval; and,
WHEREAS, the central DTSC office refused to act on resubmitted
plans, notifying all six Bay Area counties with unapproved and
resubmitted hazardous waste management plans, on September. 16,
1992, that they would "no longer review or take action to approve
or disapprove county hazardous waste management plans";
NOW THEREFORE, BE IT RESOLVED, that the Alameda County Waste
Management Authority shall request that the DTSC act without
delay to review and approve the Alameda County Hazardous Waste
Management Plan that was submitted to the DTSC on May 10, 1992,
and that the DTSC review, and approve the hazardous waste
management plans already submitted by other Bay Area counties,
and that the DTSC act to review and approve other county
hazardous waste management plans within 90 days of their
submittal; and,
BE IT FURTHER RESOLVED, that the Waste Management Authority
supports sponsors of legislation requiring 90 day review and
action by the DTSC on county hazardous waste management plans
with a proviso that DTSC nonaction results in automatic approval
of county hazardous waste management plans.
ADOPTED BY THE FOLLOWING VOTE:
. AYES: KING,. WITHROW, RUBIN, SKINNER, HARPER, MORRISON,
SWEENEY, WIESKAMP, NAGY, MILEY, FOULKES, FARIA,
GARFINKLE, MARTIN, LANDIS
NOES: NONE
ABSENT: MERCER, SNYDER
ABSTAINED:NONE
THOMAS M. MARTINSEN, EXECUTIVE DIRECTOR
ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
HAZARDOUS WASTE MANAGEMENT PLAN REVIEW AND APPROVAL
League of California Cities
Attention: Joan Hogan
1400 K Street
Sacramento, CA 95814
County Supervisors Association of California
Attention: Karen Keene
1100 K Street
Suite 101
Sacramento, CA 95814-3941
William F. Soo Hoo, Director
Department of Toxic Substances Control
P. O. Box 806
Sacramento, CA 95812-0806
Assemblywoman Sally Tanner
State Capitol, Room 4146
Sacramento, CA 95814
James M. Strock
Secretary for Environmental Protection
CAL-EPA
555 Capitol Mall, Suite 235
Sacramento, CA 95814
Suzanne Larson
Hazardous Waste Program Manager
Association of Bay Area Government
P. O. Box 2050
Oakland, CA 94604-2050
data/support/tmm/hazardous waste plan review/z
r.
Fact Sheet
LOCAL GOVERNMENT HAZARDOUS WASTE MANAGEMENT PLANNING in the
SAN FRANCISCO BAY AREA
1986 AB 2948 (Tanner) is enacted.
1987=1989 Counties prepare plans, plans are adopted by counties and cities and
plans are submitted to DHS
February - May DHS approves or disapproves county plans
1990
For the Bay Area:
Approved: Contra Costa and Solano counties (Fair share language is
inoperable without approved plans for the other seven Bay Area
counties.)
Disapproved:Alameda, Marin, San Mateo, San Francisco, Santa Clara.
and Sonoma
Withdrawn pending disapproval: Napa
July 1990 Creation of the San Francisco Bay Area Hazardous Waste
Management Capacity Allocation Committee. All nine Bay Area
counties organize to implement a cooperative fair share process.
Sept. 20, 1990 AB 2595 (Tanner) is enacted which creates the resubmittal process.
Jan. - March Counties with unapproved plans meet with DHS
1991 staff to discuss revisions and how to obtain approved plans.
For the Bay Area:
Alameda: Feb. - Oct. 1991
Marin: March 18,1991
San Mateo: Spring 91
San Francisco: no formal meeting but DHS staff
attended public meetings where revisions were
discussed with SF staff
Santa Clara: January 1991
Sonoma: January 29, & Feb. 28, 1991
April - August .Counties make changes to plans, based upon
1991 communications with DHS staff, and proceed -.
with public reviews and city approval processes.
July 30, 1991 Marin County receives letter from DTSC regional office stating "We
suggest Marin County and its cities move forward with approving the
revisions and submitting them to the Department."
August 1991 An Interjurisdictional Agreement (IJA) is approved by the Boards of
Supervisors of all nine Bay Area counties.
August 1991 DTSC announcement of incorporation into CAL-EPA, letters to
counties stating: "There has- been no change in our statutory or
regulatory authority; so for all practical purposes, its 'business as usual'.
We look forward to our continued working relationship regarding the
California hazardous waste management programs."
August 1991 - County Boards of Supervisors approve county plans.
Jan. 1992
For the Bay Area: —
Alameda:Authority approval Dec. 18, 1991
Marin: August 13, 1991
San Mateo: January 16, 1992
San Francisco: January 1992
Santa Clara: August 20, 1991 -
Sonoma' November 5, 1991
September 1991 - Revised plans submitted to DTSC
May 1992
For the Bay Area:
Alameda: May 10, 1992
.Marin: Dec. 9, 1991
San Mateo: Feb. 3, 1992
San Francisco: February 1992
Santa Clara: September 30, 1991
Sonoma; November 22, 1991
July 1992 ABAG counties and MOU Committee send letter to DTSC (William
SooHoo) requesting immediate consideration.and approval of county
plans.
September 1992 Counties receive letter from DTSC stating it will not take action on
revised plans submitted after June 20, 1991.
* Napa County plans to resubmit.
STATE OF CUUFCRNIA—ENVIRONMENTAL-PROT'-""ON AGENCY
DEPARTMENT OF TOXIC SU kNCES CONTROL '
AOO P Street,4th Floor
P.O. Bnx 806
Saeramonto.Cam. 95812-CSOB
(9 16) 323-9723
September 16, 1992
Same letter sent to attached list
Ms. ;Mary ?ping, * Chair
County Board of Supervisors
Alamda County
1x21 Oak Street, Room 536
Oakland, California 94612
COUNTY HAZARDOUS WASTE MANAGEMENT PLANS
Dear Ms. King:
This is to in you that the Department of Toxic
Substances control (Department) will no longer be reviewing and
taking actions 'to approve or disapprove county hazardous waste
management planst submitted to the Department after the deadline
of June 20, 19911-undl-�3.r. the provisions of Health and safety Code
(H&SC) section 25135 et sea. This acticn is a .result of legal
counsel review of the county planning statute within the H&SC
which concluded that 1) the Department's statutory authority. to
approve or disapprove county plans expired on January 20, 1992;
2) the deadlines imposed by the Legislature are mandatory; and
3) the Department does not have the authority to exercise
discretion to disregard the statutory deadlines i.mposad by the
Legislature. The Department will be preparing recommendations of
available options which will be submitted to the Department's
External Program Review Committee during the next several months:
The Department will notify all counties of- any future
proposals regarding the county planning program. We appreciate
your iff orts thus far in the county planning process established
unde2 the H&SC.
Sincerely,
William F. Soo Hoo, Director
cc: See next petge,y-A4-tnj,,deJ
a s
TOTAL °.02
RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVAL OF SUBMITTED HAZARDOUS WASTE MANAGEMENT PLANS
WHEREAS, the State of California authorized and encouraged Counties
to prepare Hazardous Waste Management Plans; and
WHEREAS, the State of California required the Department of Toxic
Substances Control (DISC) to review and approve County hazardous waste
management plans; and
WHEREAS, the State of California required the DTSC to review and
approve resubmitted County hazardous waste management plans within 90 days
of receipt of revised plans; and
WHEREAS, a DTSC approved hazardous waste management plan provides for
the reduction and disposal of the State's hazardous waste, fair
distribution of hazardous waste facilities and attempts to retain local
control of land use decisions; and
WHEREAS, lack of an approved hazardous waste management plan results
in a loss of local land use control and of proper management of hazardous
wastes; and
WHEREAS, counties and cities, within the San Francisco Bay Area and
the DTSC Region 2 staff, as well as the central Sacramento office of the
DTSC have worked together for over five years to prepare plans in an
acceptable format along mutually agreed time lines; and
WHEREAS, following resolution of all outstanding issues the regional
staff forwarded to the central DTSC office the redrafted hazardous waste
management plans of the Bay Area counties for approval; and
WHEREAS, the central DTSC office refused to act on resubmitted plans,
notifying all six Bay Area counties with unapproved and resubmitted
hazardous waste management plans, on September 16, 1992, that they would
"no longer review or take action to approve or disapprove county hazardous
waste management plans" .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby request that the DTSC act without delay to review and
approve the Alameda County Hazardous Waste Management Plan that was
submitted to the DTSC on May 10, 1992 .
BE IT FURTHER RESOLVED that the Dublin City Council encourages the
DTSC to review and approve of the hazardous waste management plans already
submitted by other Bay Area counties, and that the DTSC act to review and
approve other county hazardous waste management plans within 90 days of
their submittal; and
BE IT FURTHER RESOLVED that the Dublin City Council supports sponsors
of legislation requiring 90 day review and action by the DTSC on County
Hazardous Waste Management Plans with a proviso that DTSC nonaction results
in automatic approval of said plans.
PASSED, APPROVED AND ADOPTED this 14th day of December, 1992 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
a:resohaz.agenda#10