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el_" OF SAN BERNARD~JO- REQU~3T FOR COUNCIL A~..'ION
From:
Councilman Jack
R,~~.,,,\~\'Off'~ Subj~ct:
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Legislative Review Committee
Report
Dept:
Council Office
Date: March 24, 1988
~
Synopsis of Previous Council action:
Recommended motion:
That minutes of Legislative Review Committee meeting held March 17,
1988 be received and filed.
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Signa'wre
Contact person:
Phil Arvizo
Phone:
384-5208
Supporting dats attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
.
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notes:
B.0262
AOf'nrll'l I tprn "In
3~~
LEGISLATIVE REVIEW COMMITTEE
March 17, 1988
ATTENDEES:
Councilman Jack Reilly - Chairman
Councilman Michael Maudsley
Manuel Moreno - Public Services Director
Gerry Newcombe - Fire Chief
Ann Siracusa - Planning Director
Tricia Thrasher - Associate Planner
Valerie Ross - Associate Planner
Phil Arvizo - Council Executive Assistant
1. REVIEW OF HAZARDOUS WASTE MANAGEMENT PLAN - The
Committee held a special meeting to review the county's draft
plan. Considerable review and discussion took place with
several recommendations (attached) for changes proposed. The
Committee recommended that due to time constraints, a Request
For Council Action be submitted to the Council on their March
21 meeting recommending that staff's proposal be fQrwarded to
the County of San Bernardino for their action. Once the
recommendations are incorporated into the county plan, the
City will, by resolution, approve the plan. The Committee
further recommended that the City of San Bernardino establish
and adopt, as soon as possible, through the Legislative
Review process, a hazardous waste management plan of their
own for implementation by city departments.
Meeting adjourned.
spe tfully s~tted,
- ~.A /~~
. uncilman JaCk~ilIY
"'/Chairman
Legislative Review Committee
JR:ej
Attch. (1)
( 'TY OF SAN BERNAr )INO - RE'- JEST FOR COUNCIL ..CTIOI
STAFF REPORT
INTRODUCTION:
The San Bernardino County Hazardous Waste Management Plan
Advisory Committee and the San Bernardino County Department
of Environmental Health Services (DEHS) have recently
completed the Draft Hazardous Waste Management Plan (HWMP),
prepared in compliance with Health and Safety Code 25133
et.seq.
State Law requires that the Plan be approved by 50'
cities in the county with 50' of the urban population.
law further requires that within 180 days of adoption
final plan cities must do one of the following:
of the
State
of the
o adopt a city hazardous waste management plan
consistent with the county plan1 or
o incorporate the applicable portions of the
county plan into the city's general plan by
reference; or
o
adopt an ordinance consistent with
policies in the county plan.
the
The public comment and review period for the Draft HWMP ends
March 31, 1988. The County DEHS is soliciting the City's
comments prior to the end of this review period.
The final version of the Hazardous Waste Management Plan will
come before the Mayor and Council for approval between July 1
and September 30, 1988.
SUMMARY OF PLAN:
The Draft HWMP establishes requirements for permitting and/or
review of several different levels of hazardous waste
generating or hazardous materials handling land uses.
Specified hazardous waste facilities are those facilities
which accept wastes from more than one generator, with the
exception of household hazardous waste collection centers
with a capaCity of less than 50 drums of waste. These land
uses must meet the siting criteria established for such
facilities by the HWMP and be located within a General Plan
hazardous waste facility overlay zone. All new specified
hazardous waste facilities or significant changes to existing
facilities require a CU~ be issued subject to conditions
1
75-0264
including an Environmental Impact" Report (EIR), specific
findings and permits from DEHS.
Acutely hazardous materials (AHMs) are any chemicals listed
by the Environmental Protection Agency and classified as an
acutely toxic material according to the criteria set forth in
the Chemical Emergency Preparedness Program Interim Guidance
document and any of its supplemental amendments. The
California Health & Safety Code requires that any new or
modified businesses handling ARMs in amounts greater than 55
gallons of liquid, 500 pounds of solid, or 200 cubic feet of
compressed gas submit a Risk Management and Prevention
Program (RMPP) to the County Department of Environmental
Health Services (DEHS), covering all of the administrative
and operational programs designed to prevent accident risks.
These types of land uses will require a CUP. The HWMP
provides that DEHS prepare a report which identifys chemicals
and thresholds which would be subject to specific siting
criteria and what the criteria should be.
California Legislation requires that any business that
handles a hazardous material or hazardous waste must complete
a business plan disclosing the types, amounts, location and
storage manner of hazardous materials. The business plan is
submitted to DEHS which provides copies to the local juris-
dictions' law enforcement and fire agencies. The HWMP
requires that all new or modified businesses which fall under
this category prepare and submit their business plans prior
to initiating operations. DEHS is to provide assistance to
local jurisdictions in recognizing the types of businesses
which may be affected by these requirements.
Recent state legislation requires that applicants for any
development project consult a list of contaminated sites,
compiled by the Governor's Office of Planning and Research
(OPR), and submit a signed statement indicating whether the
project site appears on the list. The HWMP provides specific
actions if the proposed project site is listed as a
contaminated site.
SUMMARY OF COMMENTS:
A copy of the Draft HWMP and/or its executive summary was
sent to the majority of City Departments with a request for
comments. The following is a summary of the comments
pertaining to the plan:
Fire Department
o
acceptable
Parks, Recreation and
Community Services
o
no additional comments
to the plan
2
Police Department 0
Public Services 0
Redevelopment Agency (RDA) 0
o
Water Department 0
RECOMMENDATIONS:
no additional comments
to the plan
concerns with the lack
of consideration given
to rail transportation
and its safety
with the
of the
requirements
known active
concerns
adequacy
setback
from
faults
concerns with the
specified Hazardous
Waste Facilities
Overlay Zone map
designations in the
northwest area of the
City
no additional comments
to the plan
The Planning Department shares with RDA the concern about the
setback requirements from known active faults. The plan
requires a 200-foot setback which is the same as the
standards set by state and federal law for locating a
hazardous waste management facility. Although we feel this
setback distance may be too small for the potential danger
involved, there is no criteria to base a recommendation to
increase it.
The map illustrating the Specified Hazardous Waste Facility
Overlay Zone is incorrect for the northwest area of the City
of San Bernardino. Specified Hazardous Waste facilities
would only be allowed in M-2 zones and some of the areas
included on the Overlay Zone map do not meet this basic
criteria. (See attachment A) In addition, there are areas
included which do not meet the HWMP criteria for proximity to
residences.
The draft HWMP sets up a 3-year reVISIon schedule for future
changes to the Plan. It is the Planning Department's
recommendation that this schedule be reduced to a 2-year
cycle due to the rapid advances in hazardous waste and
materials technologies and changes in land uses, codes and
requirements.
The safe transportation of hazardous waste by truck over the
road system is extensively addressed in the draft HWMP. Rail
transportation, however, is only mentioned as mitigation in
3
relation to the criteria established for .proximity to areas
of generation-. The Planning Department recommends that in
light of the rail transportation available in the area,
criteria be included addressing routes, time of travel, and
safety of this transportation mode.
The Planning Department also recommends that a summary sheet
or chart be developed which describes the permit/processing
requirements for each type of hazardous waste/materials
facility or use.
Respectfully Submitted,
R. ANN SIRACUSA
~r ;(71~~
~y T;icia D. Thr~sher
Planner I
csj/3-l7-88
DOC:MISC
CHWMPSTAFFRPT
4
A ttachment A
D~t.tONT
.0'
3
"0'
4
~. I
o
5
6 w)
SCALE: l'
7.
8
c:,~
9
10 KEY
i
.~ HWMP Overlay Zone J'
II ---:1
City M-2 Zones
lEE] ....
' ~... .~ '. Residential Areas
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12 CJ
Other Zones
-
3-17-88ITDT
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