HomeMy WebLinkAboutRes 89-12 County of Riverside Waste Management Plan INTEROFFICE MEMORANDUM
CITY OF PALM DESERT
DATE : January 26 , 1989
TO: CITY MANAGER , HONORABLE MAYOR AND MEMBERS OF CITY
COUNCIL
FROM : EXECUTIVE DIRECTOR , REDEVELOPMENT AGENCY
SUBJECT: HAZARDOUS WASTE MANAGEMENT PLAN
Recommendation:
That the City Council adopt Resolution No. R9-12 approving the
County of Riverside' s Hazardous Waste Management Plan .
Background:
As a result of AB 2948 ( Tanner ) , cities and counties are now
obligated to prepare a hazardous waste management plan . The
primary responsibility for preparing a plan is left up to the
County . Cities can elect to adopt the County ' s plan and
institute it as their own plan . The alternative is that the City
can create its own plan .
For the past year , cities throughout the County have been working
with the County' s Planning Department to formulate a County-wide
plan that could also be agreed to by the cities . The legislation
requires that before the Board of Supervisors can submit a plan
to the State, the County must first obtain the approval of the
majority of the County' s cities . The plan has been presented to
the CVAG Technical Advisory Committee and Executive Committee
which have both endorsed the County' s plan and recommended that
the cities adopt it .
The attached explanation provided by the County outlines what the
plan contains and why it is necessary that cities have a
hazardous waste management plan either through adoption of their
own plan or through adoption of the County' s .
Carlos L . Ortega CITY COUNCIL ACTIm�
Executive Director
APPROVED ✓ DENIED
mh RECEIVED
Attachments MEETING DATE XWabia
A;T S:
NOES:
v�J�c`s� i_..
ABSENT:
VERIFIED DY:
Original on File itl. City Clerk's Offic'D
THE ROLE OF THE CITIES IN THE TANNER PROCESS
Pursuant to state law (AB 2946 Tanner ) the county is in the
process of preparing the County Hazardous Waste Management Plan
( CHWMP) . This plan is required to contain the following elements :
An analysis of the hazardous waste stream
generated in the county .
2. A description of existing hazardous waste
facilities and their current capacity .
3 . An analysis of the potential for reducing the
volume and hazard of the waste at the source of
generation.
4. A consideration of the need to manage hazardous waste
produced by business and households.
5. A determination of the need for additional hazardous
waste facilities.
6. The identification of existing facilities that can be
expanded and areas where the siting of new facilities
may occur . Siting criteria may be used rather than
site identification .
?. A statement of goals , objectives and policies for the
siting of hazardous waste facilities and the management
of waste through the year 2000.
The county plan contains these elements plus programs for
Transportation. Inspection and Enforcement , Emergency Response,
Hazardous Waste Storage and Contaminated Sites .
AB 2942 also provided the state with the ability to overturn
local decisions concernino hazardous waste facilities based on
consistency with the CHWMP. The applicant or other interested
part ; mai appeal the decision to the Governor who will establish
an .appeal board to review the decision. If the decision is not
consistent with the CHWMP the board has the ability to reverse
it .
The proper management of hazardous waste is an issue of equal
importance to both the cities and the county. Since the majority
of the hazardous waste is generated in the incorporated areas of
the county it is important that there is a close working
relationship between these two entities . The county Citizens
Advisory Committee and staff has been working with
representatives from each city to introduce the Tanner process
and e%plain the cities role in this process . Under AB 2948 the
cities were only asked to indicate their approval of the county ' s
3 S
Atch 6 ( 4 of 6 )
CHWMP, however , since the passage of S2 477 ( Green. 19E7 ) the
cities are required to take action to manaoe hazardous Waste with
in their jurisdictions . The roles required of the cities are
described below.
The cities within the county are involved in the Tanner process
in two ways as follows:
1 . AB 2'48 requires that the county obtain the approval of
the majority of the cities in the county and that these
cities contain the majority of the incorporated
population of the county.
2. SB 477 (Green, 19S7; requires that all of the cities
within a county with an approved CHWMP, must take one
of the following actions .
1 . Prepare its own hazardous waste plan which i
consistent with the county ' s plan.
2. Adopt the County ' s hazardous waste management plan .
3. Amend its permitting ordinances to require
consistency with the County ' s plan.
If the county does not obtain the approval of the majority of the
cities the State will not approve the CHWMP. Without the
approved CHWMP, if the denial of a facility permit is appealed to
the Governor , the appeals board will not have the management plan
to evaluate the proposed project against and is mere likely to
uphold the appeal . Both the county and the cities are vulnerable
to the appeals process without the CHWMP. If an individual cit.,'
does not take action pursuant to SB 477, it alone will be subject
to the appeals process.
CVAG CITIES
Cities Contact Person
Desert Hot Springs Doug Fisher
Director of Operations
Palm Desert Carlos Ortega
Asst . City Manager
Rancho Mirage Steve Ngtgle
City Analyst
Coachella Richard Douglass
Associate Planner
Palm Springs Bary Freet
Analyst Fire Dept .
La Quinta Wallace Nesbit
Planner
Indio Tom Hunt
City Council Member
Indian Wells Bill Arenstein
City Council Member
Mayor Pro-tem
Cathedral City None at this time
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3MITTAL TO THE BOARD OF SUPER >RS
or
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
f O�iwl
FROM: Planning Department SUBMITTAL DATE: November 9, 1988 I • f
SUBJECT: Waste Management Plan - Board Workshop
Hazardous9 �`
RECOMMENDED MOTION:
1. That your Board APPROVE for distribution to the cities within the County
the final draft of the Riverside County Hazardous Waste Management Plan.
AB 2948, the Tanner law, requires approval of the Hazardous Waste
Management Plan by a majority of the cities which contain a majority of the
County's incorporated population.
2. That your Board APPROVE the release of a model resolution for use by the
cities in acting to approve the final Hazardous Waste Management Plan.
BACKGROUND:
The County's staff and Hazardous Waste and Materials Citizens Advisory
Committee has completed work on what will be the final draft of the Riverside
County Hazardous Waste Management Plan (CHWMP). Staff support for the effort
was provided by both the Planning Department and the Hazardous Materials Branch
of the Health Department. In addition to your Board's final adoption, AB 2948,
the Tanner Bill , requires a majority of the cities within the County, which
together contain a majority of the County's incorporated population, to approve
the Plan prior to submission to the State Department of Health Services (OHS) .
The final Plan must be submitted to OHS no later than February 1 , 1989.
o . t e er, P arming Direc or
RSS:sa Jontinued on next page)
MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Abraham, seconded by Supervisor
Ceniceros and duly carried by unanimous vote, IT WAS ORDERED that the
above matter is approved as recommended and that Resolution No. 88-5
is adopted.
Ayes: Abraham, Dunlap, Ceniceros, Younglove and Larson
Noes: None Gerald A. loney
Absent: None Clerics f e. rd
Date: November 29 , 1988 B /' .-
xc : Planning, Health, COB Deputy
Prey. Agn. ref. Depts. Comments Dist. AGENDA NO.
FOFM11A 112(821 9 • 3
CHWMP Workshop
November 9, 1989
Page 2
Staff has prepared a model resolution (attached) to assist the cities in taking
action on the final Hazardous Waste Management Plan. The proposed resolution
has been reviewed by the County Counsel 's office.
The Planning Department requests a workshop on November 15, 1988, to present to
the Board the proposed final Hazardous Waste Management Plan. During this
workshop, staff will give an overview of the policies, programs and
implementation of the Plan, as well as the timeline for cities ' actions.
Comments have been received from the State Department of Health Services,
cities, other agencies, and the public during the review of the draft plan.
During the workshop the staff will also summarize the responses to these
comments.
The public hearing for final Board approval of the document is expected to be
scheduled for a date in January, 1989.
Board of Supervisors County of Riverside
1
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RESOLUTION NO. 88-547
3 AUTHORIZING THE RELEASE OF THE PROPOSED COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN TO THE CITIES
4 OF RIVERSIDE COUNTY FOR THEIR APPROVAL
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WHEREAS, the Board of Supervisors adopted Resolution No .
7
87-78 , effective March 17 , 1987, to implement a County Hazardous
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Waste Management Plan pursuant to AB 2948 (Tanner) ; and,
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WHEREAS, the Board of Supervisors adopted Resolution No .
10
87-187, effective June 2 , 1987, establishing the Riverside County
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Hazardous Waste and Materials Citizens Advisory Committee to,
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among other functions, assist in the development, preparation,
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implementation, revision and administration of the County
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Hazardous Waste management Plan; and,
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WHEREAS, the Committee has presented to the Board of
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Supervisors a public workshop introducing the final draft of the
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County Hazardous Waste Management Plan on November 29 , 1988; and,
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WHEREAS, AB 2948 requires that before submittal of the
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County Hazardous Waste Management Plan to the State Department of
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Health Services for its approval , the County must obtain approval
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of the majority of the cities within the County and that the
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cities granting approval must contain a majority of the
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incorporated population of the County; and,
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WHEREAS, THE County must approve and submit the Plan to
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the Department of Health Services on or before February 1, 1989 ;
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now, therefore,
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BE IT RESOLVED by the Board of Supervisors , County of
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GERALD J.GEERUNGS
COUNTY COUNSEL -1-
SUITE 300
3535 10TH STREET
RIVERSIDE.CALIFORNIA '
1 Riverside, State of California , in regular session assembled on
2 November 29 , , 1988 , that this Board will hold a public
3 hearing for the approval of the County Hazardous Waste Management
4 Plan in the month of January 1989 .
5 BE IT FURTHER RESOLVED by the Board of Supervisors that
6 the final draft of the County Hazardous Waste Management Plan be
7 presented to the cities within the County with the request that
8 they consider and approve of the Plan prior to January 3 , 1989 .
9 Roll Call resulted as follows :
Ayes : Dunlap, Ceniceros , Larson, Younglove and Abraham
10 Noes: None
Absent: None
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13 T:ie foregoing is certified to be a true copy of a
resolution duty adopted by s d (3o:rd of Super-
14 visors on the date therein c0,6rth.
CERALD I� NEY,Clerk of said Board
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t./
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RE` 7D 27
GB:� n:jf
3845LIT 28
10-24-88
GERALD J.GEERLINGS
COUNTY COUNSEL - -2-
SUITE 300
3535•10TH STREET
RIVERSIDE.CALIFORNIA
•
(Sample Resolution for the Use of a City in Approving the County Hazardous Waste)
(Management P1an)
City Council City of
1
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RESOLUTION NO.
3
WHEREAS, pursuant to Assembly Bill 2948 (Tanner ) the County
4
of Riverside has prepared a County Hazardous Waste Management Plan
5
6 (CHWMP) ; and :
WHEREAS, pursuant to Health and Safety Code Section
7
25135 . 6 (f ) the CHWMP must be approved by a majority of the Cities
8
within Riverside County prior to submission to and final approval
9
of the Plan by the State Department of Health Services; and
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WHEREAS, on , the City of
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received the CHWMP from the County for the City ' s review and
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13 approval; and
WHEREAS, [name of city] has participated through a
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representative to the County ' s City Liaison Subcommittee in the
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16 preparation and review of the final draft CHWMP; and
WHEREAS, the City Council has now reviewed and
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considered the CHWMP; now, therefore,
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BE IT RESOLVED by the [name of city] in regular session
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assembled on , that the City Council of the
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City of has voted its support of the efforts of
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Riverside County to manage hazardous waste within its jurisdiction
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as specified in the County Hazardous Waste Management Plan.
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BE IT FURTHER RESOLVED that this City Council hereby grants
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itsformal approval to said Plan and hereby orders that a certified
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26 copy of this Resolution shall be transmitted to the Clerk of the
Board of Supervisors of Riverside County as indicating approval of
j f 27
3u55LIT such County Hazardous Waste Management Plan.
10-25-88 28
GERALD J.GEERLINGS
COUNTY COUNSEL
SUITE 300
3535 10TH STREET
RIVERSIDE.CALIFORNIA