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Home My WebLink About4.3 Hazardous Waste Mgmt Plan 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