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CITY OF SAN BERNAtDINO - REQUEST Fa COUNCIL ACTION
From: Larry E. Reed, Director
Dept: Planning and Building Services
DBt8: December 7, 1990
Subject: COMPLIANCE WITH COUNTY HAZARDOUS WASTE
MANAGEMENT PLAN
Mayor and Common Council Meeting
of December 17, 1990
Synopsis of Previous Council action:
May 1989
The Mayor and Common Council approved the County Hazardous Waste
Management Plan, in concept, so that the County could submit it
to the State for their review and approval.
Recommended motion:
That said ordinance be adopted.
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Contact person:
Valerie C. Ross
Phone:
384-5057
Supporting data attached:
Staff Report, Ordinance
Ward:
Citywide
FUNDING REQUIREMENTS:
Amount:
N/A
Sourj:8 :
Finance:
Council Notes:
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CITY OF SAN BERNAIDINO - REQUEST FOca COUNCIL ACTION
STAFF REPORT
SUBJECT
County Hazardous Waste Management Plan
BACKGROUND
AB 2948 (Tanner Bill) was adopted in 1986 and established a
process for the planning and siting of facilities for the
treatment, storage, and disposal of hazardous waste. (A
waste is defined as hazardous if it poses a threat to human
health or the environment when not handled properly.) The
County of San Bernardino prepared a hazardous waste manage-
ment plan (CHWMP) which contains the following topics as
required by state law:
(1) An analysis of the hazardous waste stream generated
in the County;
(2)
A description
or dispose of
county;
of existing facilities which process
the hazardous waste produced in the
(3)
An analysis of
dous waste or
waste produced;
the potential for recycling hazar-
reducing the volume of hazardous
(4) A discussion of managing the small quantities of
hazardous waste produced by businesses and house-
holds;
(5) A determination of the need for additional hazar-
dous waste facilities;
(6) An identification of general areas where new
facilities could be located or siting criteria;
(7) Goals, objectives and policies for managing
hazardous waste through the year 2000; and
(8) An implementation schedule through the year 2000.
(Health and Safety Code section 25135.1(d).)
The CHWMP has been approved by
within the County must take one
within 180 days of notification of
the state and all cities
of the following actions
approval:
(a) adopt a city HWMP which contains all the elements
required for a county HWMP and is consistent with
the approved county HWMP;
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County Hazardous Waster Management Plan
Mayor and Common Council Meeting of
December 17, 1990
Page 2
(b)
incorporate the
county HWMP by
plan; or
applicable portions of the approved
reference into the city general
(c) enact an ordinance requ~r~ng all city land use
approvals (e.g., zoning amendments; subdivision
maps, conditional use permits and variances) to be
consistent with the portions of the approved county
HWMP which identify general areas of siting cri-
teria for hazardous waste facilities. (Health and
Safety Code section 25l35.7(C).)
The law does not specify what will happen if a city does not
take any action within the 180 day time frame. There is a
possibility that the city would lose lead agency authority if
a project was submitted prior to our taking action. The 180
day time frame will have terminated on December 15, 1990.
One of the most important sections of -the CHWMP is the
chapter dealing with the siting of specified hazardous waste
facilities. specified hazardous waste facilities are offsite
facilities that accept waste from more than one generator.
Specified hazardous waste facilities include transfer and
storage facilities, treatment facilities, recycling
facilities and residuals repositories and land disposal
facilities.
While the development of a residuals repository or land
disposal facility is less likely because of the amount of
acreage required, the other facilities could be proposed in
the city because they require from less than 5 acres up to
about 10 acres of land.
There is a statutory requirement that all offsite hazardous
waste facilities must be consistent with the approved CHWMP.
cities are given the authority to establish more stringent
siting criteria than those included in the CHWMP. The draft
CHWMP contained more stringent siting criteria than what has
been included in the approved CHWMP. However, due to time
constraints, staff is proposing that we rely on the criteria
in the approved CHWMP on an interim basis until such time as
more stringent criteria can be incorporated into the draft
Development Code. Table 5-2 on page 5-11 of the CHWMP
outlines the areas included in the siting criteria.
Chapter 19.83.500 and the Table of permissable
established in Ordinance No. MC-664, the Interim
zoning Ordinance, permit hazardous waste facilities
IH, Industrial Heavy and IE, Industrial Extractive
designations subject to a conditional use permit.
Uses as
Urgency
in the
land use
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county Hazardous Waster Management Plan
Mayor and Common Council Meeting of
December 17, 1990
Page 3
The CHWMP also contains a provision established by the Tanner
Bill pertaining to the review process for specified hazardous
waste facilities. In addition to our normal review process
for a conditional use permit and CEQA review, the state
Office of Permit Assistance plays a role in the review of
projects. Lead agencies must also establish a seven member
Local Assessment Committee whose purpose is to meet with the
applicant to determine the terms and conditions by which the
project may be approved.
Although not required by the Tanner Bill, the CHWMP includes
a provision for a Special Use permit (SUP). The SUP is
issued by the county Department of Environmental Health
Services who would ensure the projects are monitored and
operated according to the conditions of approval.
RECOMMENDATION
Staff recommends that the Mayor and Common Council approve
the attached ordinance which adds Chapter 17.05 to the
Municipal Code pertaining to the siting of specified hazar-
dous waste facilities. (Municipal Code Title 17 entitled
"Environmental Protection").
Staff also recommends that this ordinance be adopted on an
interim basis and that staff be directed to prepare appro-
priate text for inclusion in the Development Code pertaining
to siting and processing requirements for specified hazardous
waste facilities.
prepared by: Valerie C. Ross
for Larry E. Reed, Director
Department of Planning and Building Services
Attachment 1: County Hazardous Waste Management Plan
Attachment 2: Ordinance
M&CCAGENDA
HAZWASTADOP
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1 ORDINANCE NO.
2 URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 17.05, SECTIONS 17.05.010 AND 17.05.020, TO THE SAN
3 BERNARDINO MUNICIPAL CODE REQUIRING LAND USE APPLICATIONS FOR
HAZARDOUS WASTE FACILITIES TO COMPLY WITH THE COUNTY HAZARDOUS
4 WASTE MANAGEMENT PLAN.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 17.05, Sections 17.05.010 and
17.05.020, are hereby added to the San Bernardino Municipal Code
to read as follows:
"Chapter 17.05
HAZARDOUS WASTE MANAGEMEN'l' PLAN
Sections:
17.05.010
17.05.020
Applicability.
Hazardous Waste Facility Defined.
17.05.010 Applicability.
Any application for a zoning amendment, subdivision,
conditional use permit, or variance for a hazardous waste
facility shall comply with Chapter 5 of the County Hazardous
Waste Management Plan, entitled "Siting of Specified Hazardous
Waste Facilities" attached as Attachment "1" and incorporated
herein by reference, in addition to complying with all other
applicable City ordinances.
17.05.020 Hazardous Waste Facility Defined.
Hazardous Waste F.aci1ity, as defined in California Health
and Safety Code Section 25117.1, means all contiguous land and
structures, other appurtenances, and improvements on the land
used for the treatment, transfer, storage, resource recovery,
disposal, or recycling of hazardous waste.
A hazardous waste
facility may consist of one or more treatment, transfer, storage,
HE/dys/hazwaste.ord
December 7, 1990
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1 resource recovery, disposal, or recycling hazardous waste
2 management units, or combinations of these units."
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SECTION 2.
This is an urgency ordinance which will take
4 effect immediately upon its adoption... The reason for the
5 urgency is that hazardous waste facilities will have a
6 deleterious effect on surrounding land uses, the environment, and
7 nearby businesses and residents if regulations are not in place
8 which will ensure that they are located only in appropriate
9 si tes, with adequate mitigation of all adverse environmental
10 impacts, and with comprehensive procedures and standards for
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evaluating facility applications.
This urgency ordinance is
12 necessary to protect the p~blic health, safety ~nd welfare.
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'13 I HEREBY CERTIFY that the foregoing ordinance was duly
14 adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on
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the
day of
, 1990, by the following vote, to
17 wit:
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Council Members:
AYES
NAYS
ABSTAIN
19 ESTRADA
20 REILLY
21 FLORES
22 MAUDSLEY
23 MINOR
24 POPE-LUDLAM
25 MILLER
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City Clerk
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HE/dys/hazwaste.ord
December 7, 1990
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1
URGENCY ORDINANCE .
AND 17.05.020, .
MANAGEMENT PLAN.
. ADDING CHAPTER 17.05, SECTIONS 17.05.010
TO COMPLY WITH THE COUNTY HAZARDOUS WASTE
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The foregoing ordinance is hereby approved this
day
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of
, 1990.
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W. R. Holcomb, Mayor
7 City of San Bernardino
8 Approved as to
form and legal content:
9
JAMES F. PENMAN,
10 City Attorney
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HE/dys/hazwaste.ord
December 7, 1990
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ITEM #20
Urgency Ordinance of the City of San Bernardino adding
Chapter 17.05, Sections 17.05.010 and 17.05.020 to the
San Bernardino Municipal Code requiring land use applications
for hazardous waste facilities to comply with the County
Hazardous .Waste Management Plan
Adopted MC-766
The bound San Bernardino County Hazardous Waste Management Plan document dated
February 1990 Department of Environmental Health Services in attached to
Ordinance MC-766 in the ordinance files.