Loading...
HomeMy WebLinkAbout35-Council Office .. el_" OF SAN BERNARD~JO- REQU~3T FOR COUNCIL A~..'ION From: Councilman Jack R,~~.,,,\~\'Off'~ Subj~ct: ? 4 f-~ \'[ OS Y$%6 ~ . 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. ( r- \ \ \-- --I', "'.~ '- """ , \ " 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 '~':'::!".> 12 CJ Other Zones - 3-17-88ITDT 'It.> ,....: