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SR-503-004 (3) 'J, . . ~-H FEe 1 4 1989 ~6J3-ooy GS:SES:GB:JS council Mtg: February 14, 1989 Santa Monica, California TO: Mayor and city council FROM: city staff SUBJECT: Recommendation to Adopt a Resolution Approving the Los Angeles County Hazardous Waste Management Plan and a Resolution urging the County to Join the Southern California Hazardous Waste Authority INTRODUCTION This report requests the city council to adopt two resolutions, one which approves the Los Angeles County Hazardous Waste Management Plan (CoHWMP) and the second which urges the County to join the Southern California Hazardous Waste Authority, an action which will serve to endorse the city I s commitment to regional planning for the management of hazardous waste. Background on COHWMP Development The State Solid Waste and Resource Recovery Act of 1972 requires each county to prepare a waste management plan to address both hazardous and non-hazardous waste, with review of the plan every three years. In February 1984, the Los Angeles County Department of Public Works, under the auspices of the Hazardous Waste Management Advisory Subcommittee of the Los Angeles County Solid Waste Management Committee, undertook preparation of the County solid Waste Management Plan, Hazardous Waste Element (Element). The preparation of the Element was completed in June 1986, and was distributed for review and comment. The Element was formally submi tted to the SDOHS on August 19 , 1986. However, due to enactment of the Tanner Bill (AB2948), the County was informed by - 1 - 6-\4 FEB 1 4 19M . . the SOOHS that the Element would be reviewed in accordance with the Guidelines prepared pursuant to AB2948. As a consequence, further work on the Element was stopped. The state of California adopted the Tanner Act (AB2948) in 1986 in order to achieve a comprehensive program for hazardous waste management in the state. The Tanner Act authorizes each county to prepare a county hazardous waste management plan. A county plan must then be adopted by the majority of the cities which contain a majority of the population within that county. On March 10, 1987, the Los Angeles County Board of Supervisors formally elected to prepare the CoHWMP. On May 27, 1987, the Board established the County Hazardous Waste Management Advisory Committee and appointed members representing private industries, governmental agencies, the Sierra Club, the League of Women Voters, and other interested citizen groups. On June 4, 1987, the City Selection Committee appointed seven members, representing cities in Los Angeles County to serve on Advisory Committee. Councilmember William Jennings was selected to represent the City of Santa Monica on the Advisory Committee. AB2948 strongly emphasizes active participation by all cities within the County as well as extensive pUblic education as the CoHWMP is a Countywide document and many of the future off-site hazardous waste management facilities will be found to be most appropriately located within cities near the sources of waste generation. The County conducted a series of four Community Information/Workshops during October and November 1987 and made - 2 - . . presentations to various Chambers of commerce, to encourage public input and policy directives for hazardous waste management practices in Los Angeles County during the preparation of the Draft CoHWMP. Nine public hearings were also conducted to receive comments on the Draft CoHWMP and its accompanying Environmental Impact Report during the public review period which was conducted between March 30 through April 21, 1988. prior to the CoHWMP being adopted by the Los Angeles County Board of Supervisors, the plan must be approved by a majority of the cities which contain a majority of the population of the County. If no specific action is taken by a city, their approval of the plan is assumed. Upon approval of the plan by the cities and adoption of the plan by the Board, the plan will be sent to the state Department of Health Services for review. Within 180 days of the Staters approval of the plan, cities within the County must initiate one of the following actions: 1. Incorporate applicable portions of the CoHWMP, by reference, into the city's General Plan; 2. Adopt a city hazardous waste management plan which is consistent with the CoHWMP; or 3. Enact an ordinance which requires that all applicable zoning, subdivision, conditional use permit, and variance decisions are consistent with the applicable portions of the CoHWMP. staff is currently evaluating each of these options to determine which one will best satisfy the particular needs of Santa Monica. - 3 - . . outline of CoHWMP The CoHWMP presents an overview of the existing hazardous waste management system, as well as planning through the year 2005. The CoHWMP emphasizes a hierarchy of hazardous waste management practices which consists of reduction of hazardous waste at the source, recycling, and treatment of waste for possible retrieval at a later date. with this plan, the CoHWMP aims to achieve an effective Countywide system of hazardous waste management that will protect public health, safety, and welfare and maintain the economic viability of the planning area and the state. Two of the more important policy issues dealt with by the Plan are: Hazardous waste management facility siting requirements; and Waste Minimization. Siting Requirements Si ting refers to the process of selecting the location of an off-site hazardous waste transfer, storage, treatment, recycling, or residuals repository facility. At the present time, neither a hazardous waste disposal facility nor sufficient treatment capaci ty exists in Los Angeles County to handle the County's hazardous waste. The Plan divides siting requirements into two parts: 1) siting criteria to be used for the selection of a specific site for an off-site hazardous waste disposal facility as well as a discussion of the permitting process; and 2) identification of general geographical areas which might meet the - 4 - . . siting criteria and could potentially be suitable for an off-site hazardous waste management facility in Los Angeles County. Pursuant to Chapter 1167 of the 1987 state statutes (SB 477, Greene), the CoHWMP is required to include general areas in the unincorporated areas of the County and incorporated cities which might be suitable for needed future off-site hazardous waste management facilities or expansion of the existing off-site facilities. within the city of Santa Monica, the County plan recognizes the Olympic corridor as an area which may be suitable for an off-site hazardous waste transfer, storage, treatment, and/or recycling facility. However, it is the intent of the Tanner bill that the primary responsibility for land use decisions relating to the management of hazardous waste falls on the local jurisdiction. Additionally, Chapter 1167 of the state statutes of 1987 provides for local jurisdictions to impose additional requirements beyond those identified by the CoHWMP for siting of off-site facilities as long as such requirements are not exclusionary in nature and providing they are solely for the protection of public health and the environment. waste Minimization Minimizing the generation of hazardous waste is the primary goal of the CoHWMP. The waste minimization methods discussed in the Plan include: source reduction, on-site treatment, process - 5 - e . modification, product substitution, recycling, and source segregation. material recovery and with the adoption of the plan, the following actions are anticipated: 1) A complete survey and licensing of all hazardous waste generators; 2) Development of a hazardous waste generator database; 3) Establishment of a clearinghouse to provide technical information. Impact on Santa Monica The plan sets forth specific recommendations for each of the policies which are described in the CoHWMP. Santa Monica will be impacted by the plan as it is stated that cities shall share lead agency responsibilities with the County on the following recommendations: 1) Ensure compliance of current regulations by imposing maximum penalties with respect to illegal disposal of hazardous waste: 2) Promote efforts to provide sufficient resources to better enforce existing laws with respect to illegal disposal of hazardous waste; 3) Each city must submit data on their respective hazardous waste generating facilities which will be updated on an annual basis; - 6 - . . 4) Ensure all new facilities comply with siting criteria of CoHWMP; 5) Promote on-site treatment; 6) Promote and expedite development of transfer, storage, and treatment facilities close to the areas of generation in accordance with the County/state siting criteria and all permitting criteria; 7) Provide incentives for jurisdictions to accept needed waste management facilities; 8) Each jurisdiction must accept responsibility of waste generated within its jurisdiction; 9) Adopt a siting requirements and facilities; process the need which balances environmental for timely siting of needed 10) Establish waste minimization training programs for industrial waste and/or health inspectors; 11) Verify waste minimization plans and improve their effectiveness; 12) Promote community forums and establish an effective communication system to address pUblic concerns on cleanup of sites; 13) Monitor cleanup activities within their jurisdiction; - 7 - . . 14) Require small quantity seminars/workshops to programs/technologies; generators to keep them participate abreast in of 15) Sponsor collection and disposal services for small quantity generators: 16) Promote manufacturers, wholesalers, and retail stores to buy back unused hazardous materials which are no longer of use to consumers; 17) County to promote and local government to sponsor programs to help residents properly dispose of hazardous waste. Santa Monica is in a better position than many other cities to implement these recommendations as many programs such as the waste minimization program, the household hazardous waste disposal program, and the hazardous materials disclosure programs are already in effect. However, due to the complexity of these issues and the potential workload demands of implementation schedules, additional staff and/or funding may be required. SOUTHERN CALIFORNIA HAZARDOUS WASTE AUTHORITY The Tanner Bill specifically states that the Southern California Association of Governments (SeAG), along with other regional associations, may at their discretion prepare a regional plan to serve as a resource document and to identify issues needs and solutions at the regional level. A coalition of local governments in Southern California has been working for over six years on hazardous waste management issues and has developed - 8 - . . three major source documents on these issues. This regional association has formally evolved into the Southern California Hazardous Waste Joint Power Authority (SeHWA). The membership of the SCHWA includes all of the members of the Southern California Association of Governments plus the city and eounty of San Diego, the City of Los Angeles, and the County of Santa Barbara. The County of Los Angeles is not a member; however, County staff does participate on the Technical Advisory eommittee of seHWA. The Authority embraces a regional approach to the hazardous waste problem and hopes to ensure that, when needed, the inter-county/city agreements required for an effective area-wide hazardous waste program can be reached. Discussions with Los Angeles County staff indicate an unwillingness on the part of the County to join SCHWA for the following reasons: 1. The County I s plan is perceived to be more progressive and further along with respect to actual implementation; 2. The County would be compelled to wait for approvals from SCHWA, thereby extending the time required to locate new treatment facilities: 3. The cost of annual membership may exceed $150,000; and 4. The County has insufficient staff to meet SCHWA reporting requirements. - 9 - e . staff acknowledges that these concerns by the County are important, but strongly believes that it is just as important to the rational regional management of hazardous materials that Los Angeles County should be an active member of SeHWA, particularly given that Los Angeles County generates 63% of the total amount of hazardous waste generated in the Southern California region, but only 15% of this waste is treated within the eounty. The SCHWA is committed to a ufair share II concept, which means that every city and county in the region will accept responsibility for the management of hazardous wastes in an amount proportional to the hazardous wastes generated within the city or county. Finally, SCHWA is creating a Hazardous Waste Insurance Authority which will guarantee funds to clean-up hazardous waste from new sites approved under the regional plan. This insurance, which is not available through the private insurance markets, will only be available to member cities and counties. For these reasons, staff believes the City eouncil should adopt the second resolution which urges Los Angeles eounty to join the SCHWA. BUDGET/FISCAL ANALYSIS At this time, the fiscal impact of the CoHWMP is unknown. RECOMMENDATION It is recommended that the City Council: 1. Adopt the attached resolution approving the Los Angeles eounty Hazardous Waste Management Plan, and; - 10 - . . 2. Adopt the attached resolution urging that Los Angeles County become a member of the Southern California Hazardous Waste Authority. Prepared by: Attachments: Stanley E. Scholl, Director of General Services Resolutions (2) (srcounty) - 11 - . . RESOLUTION NO. (CCS) (eITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA APPROVING THE LOS ANGELES eOUNTY HAZARDOUS WASTE MANAGEMENT PLAN WHEREAS, Section 25l35.l(b) of the California Health and Safety Code authorizes the County of Los Angeles to adopt a county hazardous waste management plan pursuant to guidelines adopted by the State Department of Health Services; and WHEREAS, the Board of supervisors of the County of Los Angeles elected to prepare a Hazardous Waste Management Plan on March 10, 1987; and WHEREAS, the County Hazardous Waste Management Plan was circulated for pUblic review from January 6, 1988 to April 21, 1988; and WHEREAS, all comments received through public meetings/hearings and from the cities within the County, various public agencies, environmental groups, industry/manufacturing groups and interested parties were reviewed and the County Hazardous Waste Management Plan was completed under the guidance of the County Hazardous Waste Management Advisory committee; and, WHEREAS, the County Hazardous Waste Management Plan was submitted to the City of Santa Monica for approval, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: . . SEeTION 1. The City Council of the eity of Santa Monica approves the Los Angeles County Hazardous Waste Management Plan. SECTION 2. The City elerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ,~~ ~'* '"'-0.-.-....... ROBER M. MYERS CITY ATTORNEY . . (CCS) RESOLUTION NO. A RESOLUTION OF THE eITY COUNCIL OF THE CITY OF SANTA MONICA URGING LOS ANGELES COUNTY TO BECOME A MEMBER OF THE SOUTHERN CALIFORNIA HAZARDOUS WASTE AUTHORITY WHEREAS, the presence of hazardous substances and wastes in the community creates a potential threat to public health and the environment; and WHEREAS, planning for the management of hazardous wastes must be addressed cooperatively and on a regional level among councils of government, counties and cities, while each jurisdiction retains its own land use authority; and WHEREAS, jurisdictions in the same region which rely on hazardous waste facilities within that region should participate cooperatively toward uniform policies as developed by the County Supervisors Association of California (CSAC) and AB2984 (Tanner): and WHEREAS, the County of Los Angeles is not currently a member of the Southern California Hazardous Waste Authority, NOW, THEREFORE, THE eITY COUNeIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Santa Monica recommends and urges the County of Los Angeles to become a member of the Southern California Hazardous Waste Authority by July 1, 1990. . . SECTION 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ("t.,l'''~ ~ ~ ~b ROBERT M. MYERS eity Attorney BEFORE DISTRIBUTION~CK CONTENT OF DISTRIBUTION OF RESOLUTION #7760 Councll Meetlng Date ~/,~ /t'l Agenda I tern # C; ~ II- Was lt amended? YE5 ALL FOR CI4ItCLERK'S ACTION ORDINANCE # Introduced: Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval VOTE: Afflrmatlv~: Negatlve: _ ___..__.___~ Abstaln: Absent: ------- . --- PROOF VOTES WITH ANOTHER PERSOH G:.:.F ,)~. >, 'i (.>~NG DISTRIBUTION: ORIGINAL to he slgnea. ~._a}~d and flIed ln Vault. 7~{) NEWSPAPER PUBLICATION (Date: Department orlg1natlng staff report ( Laur1e Lleberman) Ordlnances only for Attorney ( Claud1a Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned 1n document or staff report (certlf1ed?) SubJect flle (agenda packet) 1 Counter fll€ 1 Others: (Revlew Alrport Audltorlum for departments who need to know) . Park1ng Auth. Personnel BUlldlng Dept. Plannlng C/ED Pollce Flnance Purchas1ng General Servo r Recr/Parks Llbrary Transportatlon Manager Treasurer Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Maln Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrlck Santa Monlca Munlclpal Court 1725 Maln Street, Room 118 Santa Monlca, CA 90401 Total Caples < ~ . . RESOLUTION NO. 7760 (CCS) (eITY eOUNCIL SERIES) A RESOLUTION OF THE CITY eOUNCIL OF THE eITY OF SANTA MONICA APPROVING THE LOS ANGELES COUNTY HAZARDOUS WASTE MANAGEMENT PLAN WHEREAS, Section 2 513 5.1 (b) of the California Health and Safety eode authorizes the eounty of Los Angeles to adopt a county hazardous waste management plan pursuant to guidelines adopted by the state Department of Health services: and WHEREAS, the Board of supervisors of the County of Los Angeles elected to prepare a Hazardous Waste Management Plan on March 10, 1987; and WHEREAS, the County Hazardous Waste Management Plan was circulated for public review from January 6, 1988 to April 21, 1988; and WHEREAS, all comments received through public meetings/hearings and from the cities within the County, various public agencies, environmental groups, industry/manufacturing groups and interested parties were reviewed and the County Hazardous Waste Management Plan was completed under the guidance of the County Hazardous Waste Management Advisory Committee; and, WHEREAS, the County Hazardous Waste Management Plan was submitted to the city of Santa Monica for approval, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: . . SECTION 1. Subject to the condition set forth below, the city Council of the City of santa Monica approves the Los Angeles county Hazardous Waste Management Plan. This approval shall become effective upon the county of Los Angeles becoming a member of the Southern California Hazardous Waste Authority and in the event the County of Los Angeles does not become a member, this resolution shall be deemed a disapproval of the Plan. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ ~ ~... ROBERT M. MYERS City Attorney ~ . . . Adopted and approved this 14th day of February, 1989. V~M:2~~ - I hereby certify that the foregoing Resolution No. 7760(CCS) was duly adopted by the eity council of the city of Santa Monica at a meeting thereof held on February 14, 1989 by the following Council vote: Ayes: councilmembers: Abdo, Finkel, Genser, Jennings, Ka t z , Reed, Mayor Zane Noes: eouncilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ATTEST: ~~/~ ~ City -Cltyk