SR-503-004 (3)
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FEe 1 4 1989
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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
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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
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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.
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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
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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
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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;
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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;
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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
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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.
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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;
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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)
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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:
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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:
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ROBER M. MYERS
CITY ATTORNEY
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(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.
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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:
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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:
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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
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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:
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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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 14th day of February, 1989.
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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:
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