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HomeMy WebLinkAbout89-138~. ~~4"4' ., ,'L ''°~' ~` ~'~~ ; BoA~o o~ 'suPERw~soRS ~ . :~: :»: "*'' = *~ COUNTY OF BUTTE; STATE OF CALIFORNIA • • s~ • ?N ++'~~+~`"""' `~~ ~ Resolufion No. £39-138 '+.+~~'QJN+`~.* RESOLUTION ESTABLISHING THE BUTTE COUNTY SOLID/HAZARDOUS WASTE ADVISORY COMMITTEE AND A SOLID/HAZARDOUS WASTE TECHNICAL ADVISORY COMMITTEE AND DEFINING THEIR DUTIES WHEREAS, the Board of Supervisors finds that it is in the interest of the County of Butte to establish a Solid/Hazardous Waste Advisory Committee, and WHEREAS, said committee is necessary to comply with the Butte County Hazardous Waste Management Plan: , NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of the County of Butte establish a Solid/Hazardous Waste Advisory Committee consisting of a seven member board from the following interests; 1. Two representatives from solid waste industry. 2. One public member. 3. One chemist. 4. one environmentalist. 5. one representative from agriculture. fi: One fire chief. BE TT FURTHER RESOLVED, that a Solid/Hazardous Waste Technical Advisory Committee be established to be available to the Solid/Hazardous Waste Advisory Committee, said technical advisory committee to consists of representatives from the following County departments: 1. Air Pollution Control 2. CDF/BCFD 3. Environmental Health 4. Planning 5. Public Works 6. Sheriff's Department BE IT FURTHER RESOLVED, that the Solid/Hazardous Waste Advisory Committee shall be charged with the following duties; 1. Review and make recommendations regarding mandatory garbage collection. 2. Serve as a membership pool for a Local Assessment Committee and Appeals Board pursuant to the Public Resources Code, commencing with section 26199. 3. Review, implement and monitor the Goals and Policies of the Hazardous waste Management Plan as outlined in Exhibit B. 4. Review, implement and monitor the Goals and Policies of the Solid Waste Management Plan and the items defined in Exhibit C. BE IT FURTHER RESOLVED that the Department will be responsible for staff support of the Solid/Hazardous Waste Advisory Committee and direct the Personnel Department to prepare the required Ordinances to establish a Hazardous Material/Solid Waste specialist. PASSED AND ADOPTED by the Butte County Board of Supervisors on the 19th day of September 1889 by the following vote: AXES: Supervisors Dolan, Vercruse, ~4cLaughlin and Chairman Fulton NOES: Supervisor McInturf ABSENT: None //'1/ NOT VOTING: Pdone / 1 County Board of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chief Administrative Officer and Clerk of the Board By EXHIBIT "A" HAZARDOUS MATERIALS/SOLID WASTE SPECIALIST Definition Under general supervision, r,anages the ha~.ardous ~~=aterials progr,a:;; county-wide, and performs a variety of hazardous materials and solid wastz ac;.ivities including inspections, invzstigations, data collection, business plan reviews, assisting administration and operation of the Neal. Road Landfill, and a county wide solid waste reduction a.~d. collection program, and duties as reguirzd. Distin uishinc Ch ax'actaristi.cs The Hazardous Materials/Solid Waste Specialist Class is characterized by its responsibility for lead supervision over hazardous materials programs under the direction of the Director of Environmental Health, and solid waste programs under the direction of the Direc~.or of Public Works, ExamAles of Duties Under direction: Plans, organizes and directs the hazardous materials program, the county wide solid waste programs and the operation of the I3ea1 Road Landfill; develops inventories of businesses and facilities handling, storing, using or transporting hazardous materials; irlPlements Hazardous Materials Disclosure Progra:~s as prescribed by law; reviews business plans, responsz plans, risk management and prevention programs, as prescribed by Haaardous Materials Disclosure Laws; implements operating policies and procedures; works with other local, stata and fzderal agencies a.nvolved in determining the effects of hazar~cus r„aterials and So~.id Seas tc Oil tsic eii v ~ r OI1:E;2~i~ ; er7~OZ'Cc$ hazardous mate; .als r hazardous waste, solid waste, and infacticus waste laws; s~affs and sdrJ'es On COi~iiTcitt2cs Wltltl COUI'i%y C12pari,;,entS and ag=nCi es ~ 'co;,i:;,issions and other groups cn hazardous materials, solid wastes and waste reduction; coordinates the active.ties of the hazardous materials and solid waste programs with other , 7.oca_ , S 4atC a~J,'d' federal agencies; provides consultation Lo emerg~nca responders at incidents involving the spill or release of to:,~ic and/or flammable chemicals or hazardous materials; oversees hazardous wasta site re:nediation from spilled hazardous materials, abandoned chemical containers -and illegal dumping; evaluates and approves cleanup plans submitted by consultants and determines if site cleanup requirements are met; investigates hazardous materials complaints from the public and ot;-~er agencies; identifies locations of hazardous materials and generators; conducts join;. inspections with other agencies including tire, BuildinC, hater Quality Control and OSii.: as required, assists in training staff in basic hazardous materials recognition and safety techniques; prepares reports and legal complaints, issues citations and appears in court as a witness in Natters relating to action; taken by the Ei2alth Department. . EmDlovment Standards E::perience: Qne year of increasingly rzsponsible T, . expe_ fence in solid, liquid or hazardous waste ;~ana e:;,2nt ,- . g environmental health inspections, industrial hygiene pract~.ces, business plan r2viea or ~n researc resource recove_-t, procra-:s, or as an industrial hygienist, chemist, or to~icclogist. Knowledge: Basic principles of physical, biolor1cal, chemical and social sciences used ir. environ-~ental quality control; federal, state and local laws relating to the laws ra gula~ing enforcer::ent, storages, use, transport and disposal of hazardous materials and solid wastes; nethods and techniques of investigation, evaluation and mitigation of environ:~ental contamination resulting from improper handling, storag=, transportation or disposal of hazardous materials and solid *aastes. Ability to: Develo~o and conduct the hazardous material program in consultation with the Dixzc4or of Environmental gealth - ad:,lir.:~ster t he solid wastz progra;~ and P1ea1 Road Landf::l? under the direc-ion of the Director of Public Works; concoct hazardous materials inspections and investigations; provide consultation during hazardous materials incidents; analyze inspection findings; revie*a business plans and chemical inventories and determine if they are in eor„pliance raith applicable la*as and regulations; level r Gp des ..a base far businesses, government, and public facilities storing, using or transporting hazardous :materials ~~ and waw,.es, prepare reports and recommendations; communicate effectively in written and oral form; handle dirFicult public contact situations and negotiate compliance points; deal effectively with industry, community groans and other agencies to gain cooperation in environmental management; assist and tx-ain Environmental Health Staff in delaloping proper responses ad safeL_ procedures in Hazardous Zaterials incidents. Education; Equivalent to r , g-aduation from an accredited college or university with major course wank in environmental health science, environmental resource management, chemi.strY. biological science, physical science, or other basic science which incluced course in land use, solid waste management, occupational health and/or toxic substances. Special requirements; possession of a valid certificate ox• registration as an Environmental Health Specialist issued by the State Denax-tment of public Health; possession of an apPz'opriat2 California operator's license issued by the State Department of Motor Vehicles, HJS /kf ExxzBZT "B° 9. PRQGRAM IMPLEMENTATION Chapter 2 of this Plan contains overall goals and policies for the management of hazardous wastes and siting of hazardous waste facilities in Butte County. This chapter discusses specific action programs to implement the Plan's goals and policies. The topics discussed include the implementation programs which the DH5 Guidelines indicate should be considered for inclusion in the County Hazardous waste Management Plan. 9.3 PUBLIC EDUCATION AND PA.RTTCIPATTON Chapter 1 of this Plan describes the public participation program carried out during the preparation of the Draft and Final versions of the Butte County Hazardous Waste Management Plan. This section identifies public participation activities to be carried out during the implementation phase of the County Plan. It is of primary importance to sustain the momentum established by the Butte County Hazardous Waste Advisory Committee during the Plan implementation period. To facilitate this, the Advisory Committee should became an ongoing advisory group to the County Board of Supervisors with responsibility for the supervision of Plan implementation. The present subcommittee structure should be retained adding new activities as appropriate. The principal role of the Committee during the implementation phase should be: o to review reports on implementation of the Plan. (Ongoing} o to support efforts to obtain funds for adequate staffing for management of Butte County's hazardous wastes. (pngoing) o to assist in implementation of the waste reduction program. (Ongoing? o to consider new program directions. Ongoing} o to guide the small quantity generator and household hazardous waste education programs, particularly emphasizing recycling of waste oil. {Ongoing} o to promote opportunities for development of regional cooperation in managing hazardous wastes. Ongoing} 129 9. Program Implementation o to assist Butte County communities in establishing local environmental assessment committees for siting of proposed hazardous waste facilities. (Timing depends on submission of application) o to serve as a candidate pool for an Appeals Board should one be convened by the Governor pursuant to H&SC Section 25199.9(c}. 9.2 ONGOING DATA COLLECTION AND ANALYSIS PROGRAM An unanticipated shortcoming of the preparation process far the Butte County Hazardous Waste Management Plan has been the inadequacy of data regarding composition and levels•of hazardous wastes in Butte County. Some limited hazardous waste information is available from the Department of Health Services and state agencies such as the Regional Water Quality Control Board (RWQCB), and from a variety of local county sources; there is no integrated database, however, for these various sources of hazardous waste information. Other information such as the quantity of hazardous wastes emanating from small cuantity generators and households is based on estimates derived from incidence studies; however, there is no supporting evidence verifying the relationship of this incidence study data to the Butte County setting. Finally, with respect to much of the information on contaminated sites, there is no quantitative data because necessary remedial investigations have not been conducted. Far the Plan implementation period, it is essential to collect more detailed and reliable data and also develop a usable database system, The county should establish a staff-level task force to coordinate this process. This task force should be headed by the planning Department hazardous waste specialist (see Section 9.7}. Its membership should include representatives from the Planning, public Works, public Health and Environmental Health Departments, the County Agricultural Commissioner's Office, the University of California Cooperative Extension Farm Advisor, the Air Pollution Control Office, and the Office of Emergency Services. The Butte County Fire Chiefs' Association should also have membership in this task force. The responsibilities of this task force should be: o to survey the several sources of hardcopy county- and city-level information on hazardous wastes including data files an the AB 2185/87 program, the underground storage tank program, Proposition 65 spills reports and other relevant local programs to identify data management and acquisition needs and shortcomings. (Target date 6/90} a to establish liaison with other hazardous waste record-keeping agencies. Such agencies would include the Department of Health 130 9. Program Xmplementation Services, the State water Resources Control Board, the Central valley Regional Water Quality Control Board, and local sanitation agencies administering NPDES waste discharge permits, (Ongoing) o to design and develop a computerized database management system that will serve local Plan implementation and Plan update needs and that will interface with other agency hazardous waste data systems. Such a system shall quantify waste reduction capabilities for each existing and potential major waste generator. (Target date 6/90} o to review and revise local permit application farms and' inspection forms to ensure that all necessary data will be collected. (Target date 6/89} o to coordinate with agencies preparing engineering reports an contaminated sites to ensure that this category of hazardous wastes is included in the Plan database. (Ongoing) In addition, the county should seek funding for a survey of small quantity generator and household hazardous wastes in Butte County since these are estimated to produce almost 85% of the county's hazardous wastes. This survey should be used to more accurately determine the amount of waste oil generated by SQGs, as it is likely that the quantities assumed in this plan are high. Of particular ~.mpartance in this survey will be to develop a survey methodology that accurately describes the types and levels of hazardous wastes associated with agricultural-operations and farm households, and to include generators of infectious wastes including hospitals, clinics, and doctors' offices. 9.3 WASTE REDUCTION IMPLEMENTATION PROGRAM Waste reduction was identified as a primary goal in this Plan see Chapter 2) and establishment of a waste reduction program was seen as a priority by the CHWMP Advisory Committee. Chapter 6, Section 6.5 discussed the direction that should be taken in Butte County with a waste reduction program and the vital aspects of a successful program. This section provides an overview of the objectives of Butte County's Waste Reduction Program and the means by which to achieve thane objectives. The overall objectives of the Butte County waste Reduction Program are (1) to minimize the generation of hazardous wastes by seeking waste reduction alternatives which are safe, economically viable, and which represent the best technology available to the generator; ~2) to provide assistance to hazardous waste generators to enable adoption of waste reduction strategies; and (3} to decrease the need 131 9. Program Implementation for siting additional off-site facilities in the county and ensure that only those wastes that do not pose a threat to public health and the environment are land disposed. There are three approaches the county can take to implement these goals: (1) it can provide information and educational resources to industry and the community at large on waste reduction; (2) it can provide technical assistance, a somewhat mare expensive option; and {3) the county could adopt regulatory policies to ensure utilization of waste reduction strategies. The most effective program would likely be some combination of all three approaches. The waste Reduction Subcammittee should identify the most economically and technically feasible alternatives. Specific aptions to be considered are presented below. An effective waste reduction program must establish a goal far volume reduction to be achieved in a specific time frame. Potential volume reductions for specific waste groups were identified in Chapter 6. Waste minimization percentage target goals or performance standards should be identified for each industry category, with an adjustment of regulatory burden (e.g. fees, regulatory requirements} if industry achieves the target ar standard. Potential percentages for waste reduction are defined in Table 4-2 and further summarized in Section 6.3.2. 9.3.1 Educational Programs The Waste Reduction Subcommittee should contact trade associations to arrange for information dissemination regarding innovative waste reduction technologies and industrial successes, local waste reduction consultants, availability of technical assistance, seminars, etc. waste Reduction Audit Manuals far small quantity generators are being prepared by the State Department of Health Services. These manuals will provide information on industry-specific hazardous waste management practices and will include an industry-specific waste reduction self-audit checklist. The waste Reduction Subcommittee should strive to educate small quantity generators and work with them to use available options and technology for recycling. DHS has provided five types of Waste Reduction Manuals and five more will be available by the end of 1988, Refer to Appendix D, Table 2. 132 9. Program Implementation 9.3.2 Technical Assistance The county should consider conducting a waste audit program in coordination with generator inspections. A waste audit is a company- specific study which evaluates the in- and out-feeds of each process which lead to the production of hazardous waste streams, in order to identify opportunities in the process for wastE reduction. The State Department of Health Services offers a grant program to fund a student Toxic Peace Corps whereby students in the University of California system conduct industry waste audits. The county should utilize this opportunity through UC Davis, or should request expansion of this program to California State Universities such as Chico. waste audits should be conducted jointly by a company official familiar with the process and a waste reduction consultant. RecLulatary Options Butte County, and the cities within the county, should adopt official policies to promote waste reduction. This approach will provide Butte County industries a clear direction to reduce wastes. This policy could take the form of a general policy statement or a special ordinance. The Local Government Commission has prepared a Model County/City Resolution which has been reviewed and adopted by -the County Board of Supervisors and all cities within the county. In order to meet the volume reduction target established by the Waste Reduction Subcommittee, the county should require all businesses to submit hazardous waste reduction plans. In addition, all new business developments should be required to show that they will use the best available control technologies (BACT) to minimize the handling of hazardous materials and generation of hazardous wastes as a condition for a permit or business license. BACT will be determined by the State Department of Health Services. In order to ensure that on- and off-site treatment facilities are adeov ately reviewed, Butte County and each city within the county sha.~l develop a Model Conditional Use Permit which references the need far an environmental review and risk assessment. venture County achieved a successful model Waste Reduction Program by utilizing all three approaches outlined above. The following is a list of activities recommended in their completed study titled "Hazardous Waste Reduction Guidelines for Environmental Health Programs" (May 1987). Butte County's waste reduction program should include the following list of activities: a. Ask companies in each target group to voluntarily participate in local waste Reduction Program. J. 3 3 9. Program Implementation b. Provide waste reduction consultations during routine generator inspections. c. Require each targeted generator to submit a written plan to the implementing agency. d. Assist companies in overcoming financial/regulatory barriers to waste reduction. e. Develop an awards program to recognize an industry achieving waste reduction (or participating in program). f. Propose needed legislation and local ordinances to promote, not impede, waste reduction efforts. g. Develop interagency relations that will ensure that new companies utilize the best available technologies to reduce the amount of hazardous wastes generated and prevent waste media transfer. h. Establish information exchange programs to share successful waste reduction technologies with other companies and staff inspectors. A number of activities could be part of a waste reduction plan, Tt is likely that once a~plan is initiated, new needs and ideas will arise. The fallowing outline focuses on the more vital aspects of a successful plan which should include: Identification Phase o Define in detail the scope of work. o Define the required expertise. o Review existing information. o Establish funding. Field Audits o Carry out field audits of a limited number of selected generators. (Target date 6/9D) o Prepare detailed and specific recommendations in response to the findings of the field audits. (Target date 5/9p) 134 9. Program Implementation Publish Findincs o Because the field audits and subsecuent recommendations should serve as an example far other generators within the sector considered (and for others as well}, the results should be published through the news media, letters and seminars. (Target date 12/90) Technical Assistance o At this point, there will be a need to provide highly qualified expertise to potential waste generators in order that they can carry out self-auditing. and implementation of waste techniques as a result of the foregoing activities. (Target date 6/93) 9.4 IMPLEMENTATION OF THE SITING PRDCESS The Satin Process Under the Tanner Act The Tanner Act specifies a particular process for siting and permitting of facilities. This section describes the roles of different parties in that process. It does not repeat the timing of events as they are set forth in the statutes, but focuses instead on the roles of the project proponent, the Office of Planning and Research (OPR}, the lead agency, the Local Assessment Committee (and, potentially, the Appeals Board} in the permitting, public review and appeal process that has been established for facility siting. The process as set forth in the Act contains procedures applicable to all hazardous waste facilities as well as additional procedures auplicable only to off-site, multi-user facilities. These distinctions will be noted below as appropriate. Pro'ect Proponent/Applicant The project proponent uses the CHWMP siting section to identify general areas where facilities might be sited. The project proponent may consult with the Office of Permit Assistance in the Office of Planning and Research ~OPR}. After selecting a particular site if the facility is an off-site multi user hazardous waste faci on-site treatment facility, the proponent must file a Notice1of or an Intent (NOI) with the applicable city or county and with OPR prior to filing an application for a local land use decision on the project. Such projects are subject to securing Conditional Use Permits. Z35 9. Program Implementation Office_of Planning and Res.earch_(OPR7 OPR serves as a technical assistant in the siting process. It operates with the incentive that it is in the interest of the State of California that adequate facilities are sited for the management, treatment and long-term storage of hazardous wastes. The major functions of OPR in siting of off-site, multi-user hazardous waste facilities are as follows: a Help to identify state and local permits required for facility siting. o Set up preliminary meetings to discuss the scope of projects and the agencies responsible far the review of particular issues before applications are submitted. For example, after the NOT is filed, OPR holds a meeting in the affected city or county to inform the public of the nature, function and scope of the proposed hazardous waste facility project and the procedures required far approving applications for the project. o Streamline the siting process; consolidate meetings and hearings wherever possible. o Work with applicant and lead agency to ensure that permit deadlines are met. o Hold discussions or mediate any disputes that arise. For example, if a Local Assessment Committee and a project proponent cannot agree on project terms, OPR would assist in negotiating terms for approval. Lead Aaenc The lead agency (Butte County Planning Department) makes most decisions regarding the land use designations that would be required for facility siting. After receiving a Notice of Tntent (NOT)~(in the case of an off-site,~multi-user facility) from a project proponent, the lead agency publishes the notice in a newspaper of general circulation in the area that would be affected by the proposed project, posts notices in locations where the proposed project would be located, and notifies the owners of contiguous Property by direct mailing. Local Legislative Body The local legislative body, either the County Board of Supervisors or the City Council, makes all determinations regarding consistency of 136 9. Program Implementation proposed projects with local general plans, zoning ordinances and the CHWMP. After an applicant files an NpI to site an an-site or off-site, multi-user facility, the legislative body (for the county) or the City Council (if the facility is proposed within a city) appoints a Local Assessment Committee, the members of which broadly reflect the makeup of the community as set forth in Section 25I99.7(d)(1) of the Tanner Act. This committee negotiates terms for approval that protect the public health, safety, welfare, environment, and the fiscal welfare of the community. The LAC also provides information, where passible, to the local legislative body. The legislative body makes an independent decision on the project, using the advice of the Local Assessment Committee to any degree that it deems appropriate. It must issue an initial written determination of consistency with local plans or ordinances within 60 days after the application is complete. The local agency shall take final action to approve or disapprove the permit within the time limits established by the Permit Streamlining Act (Government Code 65950 et seq.). (See Appendix G-1, Health & Safety Code, Article 8.7, and G-2, Local Permit Processes.} Responsible Agency Responsible agencies are any public agencies, other than the lead agency, which have the author-ity to issue a permit or make a land use decision relating to a proposed project. Responsible agencies are required to review all necessary permits within a year of a lead agency's decision. Court Review There are several ways in which a project proponent, or other interested party, can seek judicial relief. A project proponent may file an action to compel the local agency to approve or disapprove a permit in a reasonable time, if the agency fails to act within statutory time limits. A person may initiate an action to attack the decision of a lead agency regarding an off-site, multi-user facility an the grounds of non-compliance with CEQA, and the court may enjoin a lead or responsible agency from approving the permit if the court finds that approval would result in an imminent ar substantial endangerment of public health or the environment, or if there are other compelling reasons to do so. In addition, the final decision of the appeals board would be subject to judicial review. 337 9. Program Implementation Appeal Process The Tanner Act establishes a process by which either proponent or other interested person can file an appeal with the Governor or his designee on a local land use decision regarding an off-site, multi- user facility. The project proponent may appeal either a disapproval by the local agency or, if the project is approved, he may appeal one or more conditions imposed, if the conditions are so onerous and restrictive that their imposition has the effect of a disapproval. A proponent may appeal only after receiving all necessary permits from state agencies, or if the local agency disapproves an application prior to certification of an ETR, or adoption of a Negativ e Declaration. . Any other interested person (defined as a person who participated in public hearings on the project) may appeal the local agency's approval of the hazardous waste project, if the appeal is based solely on the grounds that the conditions imposed do not adequately protect the public health, safety and welfare. The Governor or his designee must make an initial determination whether the appeal is authorized. Tf it is determined that the appeal is authorized, an appeals board is convened. Appeals Board The appeals board consists of seven members, including the State Director of Health Services, the Chairpersons of the State Air Resources Board and the Water Resources Control Board, a member of a board of supervisors and a city council, and a member of the board of supervisors for the county where the facility is proposed, and usually a member of the city council of the city most affected by the proposed project. The appeals board must first hold a public hearing in the county concerning whether the appeal should be accepted. If the appeal is accepted, the appeals board will hold a public hearing ar workshop. The Tanner Act specifies the findings which the appeals board must make to overturn the local agency's land use decision. Where the project proponent is appealing the local agency's disapproval of the project, the appeals board shall not reverse the local agency unless it finds that the significant environmental impacts will be adequately mitigated, that the facility is consistent with the local general plan, that the facility is consistent with the County Hazardous Waste Management Plan, that alternative sites identified in the ETR and the Hazardous Waste Management Plan have been adequately considered, and that the project is consistent with state, regional, 138 9. Program Implementation and county hazardous waste policies, goals and objectives. The last determination requires consideration of need for the facility, whether the type and location of the facility is consistent with policies, and the use of the best feasible hazardous waste management technologies. If the local agency fails to approve the project ar modify its decision consistent with the appeals board's decision, the Attorney General shall bring an action to recuire the local agency to approve the project or modify the facility. Siting in Butte Count This Plan recommends the siting of community collection and transfer facilities in the industrial areas of Chico, Oroville, Paradise and possibly in an area identified in Gridley for waste ail collection, The community collection and transfer stations would serve as collection stations for household and small cxuantity generator waste in Butte County. As indicated in Chapter 1, the Tanner Act (AB 2948), as amended by SB 477, requires that local planning and zoning be made consistent with the CHWMP. within 380 days of the Department of Health Services' approval of the County Hazardous Waste Management Plan, the county and all cities within the county must either incorporate the Plan by reference into the appropriate general plan or enact an ordinance which requires that all applicable zoning, subdivision, conditional use permit and variance decisions be consistent with the County Hazardous Waste Management Plan. The county, and each city, shall rewire that all local land use decisions on sating specified hazardous waste management facilities are consistent with the goals and policies and the siting criteria contained an the CHWMP. Specifically, the county will approve the siting of an environmentally appropriate facility that as consistent with the policies of this plan and disapprove the siting of a facility that is inconsistent with plan policies or is environmentally inappropriate. 9.5 TRANSPQRTATION 9.5,7. Mona ement of Hazardous waste Transportation in Butte Count Tn order to effectively and safely manage the transportation of hazardous wastes in Butte County in the future, this section of the CHWMP recommends policies and guidelines for a transportation system. ,Many of these recommendations reiterate and supplement existing state 339 9. Program Implementation regulations. In cases where the recommended measures overlap with existing regulations, it is intended that they should be regarded as complementary and supportive of the existing policies and procedures. 9.5.2 Transuortation Goals and Policies The following goals and policies guide future hazardous waste transportation in Butte County. The overriding goal of the CHWMP is the safe transportation and treatment of hazardous wastes within the county. All other goals and policies described below are concerned with the achievement of the public safety objective, 9.5.3 Desi nation of Preferred Hazardous Waste Transportation Routes 1. Butte County should designate a system of preferred transportation routes far hazardous wastes within the county. Selection of preferred routes should be determined on the criteria- of minimal risk of accident, and minimal exposure of the county's population to the consequences of any accidents. A widely accepted methodology far evaluating alternative transportation routes is presented in the Federal Highway Administration's publication Guidelines for Applvin Criteria to Designate Routes far Transaartin Hazardous Materials (FHWA-IP- 80-15). The Guidelines consider such criteria as highway accident rates, locations of populous areas, and especially sensitive land uses such ~s hospitals and schools. The designation of preferred routes need not imply any restrictions an other routes, nor any conflict with the California Highway Patrol's role in establishing transportation routes for hazardous materials. (Target date 6/90) 2. Transportation access should be included as an evaluation criterion far the siting of hazardous waste treatment, storage or disposal facilities in Butte County. The evaluation criteria are conditional and are subject to change and mitigation as appropriate to individual needs. (Existing) 3. The county should evaluate the potential for rail transportation of hazardous wastes. (Target date 5/90) The presence of Southern Pacific and/or Union Pacific mainline rail facilities in Butte County suggests that rail transportation might potentially be used to carry some of the county's hazardous wastes, thereby reducing the quantities carried an the highway .system. Overall, rail transportation has lower accident rates than the highway system and is therefore preferable from the standpoint of safety. 140 9. Program Implementation 9.6 FUNDING Adequate funding for implementation of the hazardous waste management program of this Plan is critical to the success of the Butte County Hazardous Waste Management Plan. At present, however, the existing county, state and federal funds available for Butte County hazardous waste management activities are not adequate to meet the responsibilities of the many state and federal hazardous waste programs implemented at the county level. The result is that existing resources are stretched increasingly thin and may be more so with the adoption of this Plan. Under AB 2948 and its successor legislation AB 46, state funding has been made available for development of this Plan. Butte County received $60,000 in an initial allotment for the preparation of this Plan and in January, 1988, received a $21,760 supplement from the state. Butte County is eligible for a.s_e_c.ond supplementer ' allocation of state funds for completion of the Coun y Hazardous Waste Management Plan and will apply to the State Department of Health Services for this additional money. AB 2948 also makes available additional sources of revenue for implementation of hazardous waste management programs and facility siting activities carried out in accordance with the requirements of the County Hazardous Waste Management Plan. Butte County should consider implementing the following revenue-generating provisions of AB 2948: o Provisions authorizing a city or county in which there is located an off-site multi-user hazardous waste facility to impose a tax -~ for general purposes, ar a user fee up to wn amount equal to 10% of the facility's annual gross receipts for hazardous waste treated, stored, or disposed of at that facility. (Target date 1.2/89 ) o Provisions requiring proponents of hazardous waste facility projects to pay a fee which would cover the costs of notification ' regv.irements associated with the issuance of a Notice of Intent to apply for a hazardous waste facility land use permit. (Target date 12/89) o Provisions requiring proponents of hazardous waste facility projects to pay a fee for the 5ErV1CES of an independent consultant to assist the Local Assessment Committee in reviewing the proposed project and in negotiating terms and conditions with the project applicant, This fee is in addition to the costs which under CEQA a project applicant must pay for preparation of appropriate environmental documents. Target date 6/89) 141 9. Program Implementation Passible funding sources also exist for assisting with implementation of local waste reduction programs. The county shall consider a number of possibilities in the area of economic assistance which include: (1)~coordinating efforts to win joint industry-government grants from sate and federal agencies and private foundations, and (2) coordinating a government-industry partnership which will work to provide generators some access to long-term low-interest loans to be used for waste reduction purposes, e.g., a capitalized revolving loan fund. These include: State Grants/Loans a. Under the Hazardous Waste Reduction incentive Account created by Section 44558 of the State of California Health and Safety Code, financial assistance may be provided to projects for the acquisition, construction or installation of equipment to recycle, reduce at the sourcE, or treat hazardous waste. b. U.S. Federal Small Business Administration Co-op Loans may allow a number of small companies to pool together and apply jointly to qualify for their loan. c. The State Office of Small, Business, pursuant to Chapter 1445 of the 1987 State Statutes (SB 788, Farr), offers loans at 2% below market rate far equipment used for waste reduction. More information may be obtaining by contacting: Office of Small Business 1121 L Street, Suite 600 Sacramento, CA 95814 {916) 322-3592 d. The State Department of Health Services, pursuant to Chanter x030 of the 1985 State Statutes (AB 585, Farr), establishes the California Hazardous Waste Reduction Grant Program and provides grants to universities, governmental agencies and private organizations to research and develop hazardous waste reduction, recycling and treatment technologies and to provide grants for commercial demonstration of these technologies, More information may be obtained by contacting: Alternative Technology Section Toxic Substances Control Division P.O. Box 942732 Sacramento, CA 94234-7320 (916) 324-1807- 142 9. Program Implementation For assistance in facilitating household hazardous waste programs, Chapter 1339 of the 1987 Statutes (AB 2448, Eastin} provides for grants to be issued by the California waste Management Board for local programs to help prevent the disposal, of hazardous wastes at solid waste disposal sites including, but not limited ta, programs to manage household waste. This statute also allows each city or county, with the concurrence of the governing body of the affected city, to adopt a schedule of fees to be collected from each solid waste landfill operator operating within the said city, county or affected city, for use in preparation, operation, maintenance and administration of a program to ensure that hazardous waste is not improperly disposed of in a solid waste landfill. For assistance in improving emergency preparedness, the federal Superfund Amendment and Reauthorization Act of 1986 (SARA} enables grants to be made nationwide to county and city governments. These grants will total $5 million annually for fiscal years ,1987 through 1990. A final recommendation to improve funding for county hazardous waste management programs is for the Butte County Hazardous Waste Advisory Committee to establish a Funding Resources Subcommittee. This subcommittee should investigate other sources of public and private funding and establish links with sources of technical assistance on hazardous waste program funding. Two sources of this type of technical assistance-would be the focal Government Commission and the County Supervisors' Association of California (CSAC}. 9.7 STAFFING There are two prerequisites for adequate staffing to manage the program discussed in this Plan: su~ficient financial resources to maintain an adequate level of staffing, and appropriate coordination of management activities. The previous section of this chanter discussed new auiside sources of funding to assist in program management. These resources may not be sufficient, and the county should consider making available its own resources to a11ow for an additional staff person to assist in Plan implementation. Coordination of Plan implementation should be handled by the County Planning Department, the county agency responsible for the development of this Plan. The primary activity to be carried out as a consequence of this Plan will be the siting of new hazardous waste facilities, a land use permit process traditionally administered by the County Planning Department. However, because the Plan also deals with existing and new hazardous waste management programs, functions which are traditionally managed by the County Department of Public Health, Environmental Health Division, coordination between these 143 9. Program Implementation agencies will be essential. To facilitate this, the Health Officer or designee within the Health Department should have overall responsibility for the Health Department's hazardous waste programs. This person should meet on a regular basis with the Planning Department spokesperson for implementation of this Plan, to ensure adequate coordination of all of this Plan's activities. 9.8 SMALL QUANTITY GENERATORS As only one large generator was identified by the Department of Health Services" HWIS database, to be effective hazardous waste programs in Butte County must focus an small quantity generators and households. The primary objectives of Butte County's SQG program are to reduce illegal disposal prac±ices, and to educate SQGs on waste reduction, recycling and treatment options and on how to comply with hazardous waste regulations. Educational and enforcement activities, including geaexator inspections and waste audits, should result in a reduction o~ improper disposal. As discussed in Chapter 4, the Yellow Pages survey indicated 1,302 small quantity generators in the county {excluding farms}, yet only 22 SQGs manifested wastes for off-site treatment/disposal in 1986. While some SQGs are known to be using Route Service Haulers, and therefore were not identified on manifest data, it is believed that a large number of SQGs are either unaware of their responsibilities as hazardous waste generators or are opting to manage their wastes in an illegal manner. In addition to implementation of the waste reduction program (discussed in Section 9.3}, the following recommendations are made, The county should sign a Memorandum of Understanding with the State Department of Health Services to conduct generator inspections. A technical exuert should be hired to perform this task. This staff person should be placed in the Environmental Health Department. Inspections should ensure compliance with current hazardous waste regulations and identify waste reduction opportunities. (Target date 12/90} The county should arrange for assistance from the DHS to prepare a "how to do it" booklet for small quantity generators in all counties which provides instructions an obtaining generator identification numbers, record keeping requirements, how to fill out manifests, pretransportation and storage requirements, contracting with licensed haulers, and alternatives for treating, recycling and disposing of their wastes. Small quantity generators should be provided information on local recyclers (including the California Waste Exchange} and haulers, waste reduction consultants, and successful industry waste reduction strategies. 144 9. Program Implementation The county should provide inspections and consultations by targeting the largest SQG industrial groups in the county as identified in this Plan, e.g., auto body painting and repair shops, locating businesses within that industrial group in the county, and leading that industrial sector through the steps identified by Ventura County's Waste Reduction Program (refer to Section 9.3). A survey of SQGs in the county should be conducted to determine the verifiable quantity of hazardous wastes generated and current waste management practices. Particular attention should be placed an quantities of waste oil, as the quantities presented in this Plan may be in excess of current generation. The County Agricultural Commissioner's Office .should inform farmers of their responsibilities as hazardous waste generators and should conduct a survey to determine the actual amount of hazardous wastes generated. by farms. The Agricultural Commissioner's Office should continue compliance inspections. The DHS should allow collection of agricultural pesticide wastes so that the Agricultural Commissioner's Office can provide this service, without being assessed exorbitant fees. The county should encourage private industry to set up a "mil3c run" program to collect and recycle similar wastes, particulazly waste oil, generated by smaller farms, so that financial constraints da not serve to impede recycling or legal disposal. 9.9 HDUSEHOLD HAZARDOUS WASTE PROGRAM At this time there is na program to manage hazardous wastes generated by households, therefore it is likely that these wastes are currently being disposed in household garbage or through the sanitary sewer system. The county needs a collection program for household hazardous waste. The collection program should arrange far the reuse of latex paints by schools, recreation departments, artists and other responsible groups. A small-scale transfer station/recycling center would need to be sited. It is intended far the collection and transfer facilities to be privately owned. (Target date 12/92) Public education campaigns should be initiated to inform people on what hazardous wastes are, how to avoid generating these wastes and how to-properly dispose of them. Educational programs, whether seminars, fact sheets, public meetings, etc., should publicize the availability of a collection program, encourage recycling of used batteries, waste ail and latex paints, and inform people of household products which can be substituted for the more hazardous items currently used, tTarget date 6/89y 345 9. Program Implementation Notification inserts should be designed and included in garbage bills which inform the public about the prohibition of all hazardous wastes in municipal dumps, including household hazardous wastes, and the availability of a household hazardous waste collection program. Referral numbers should be included with these notices. (Target date 6/89} 9.X0 CONTAMINATED SSTES There is a serious lack of information regarding contaminated sites at the county level. Records of Proposition 6S reports are' maintained by the Health Officer, but there is no established department or person with responsibility for maintaining updated information on the numerous sites being investigated by the DHS and RWQCB. A specific, centralized location should be identified for maintenance of contaminated site records, and arrangements should be made with the state agencies to receive new information as it is discovered. (Target date 12/89} Investigation and cleanup activities should remain the responsibility of the state and federal enforcement agencies. 9.11 OTHER PROGRAMS Existing county programs were discussed in Chapter 4, Section 4.2. With few exceptions, this Plan does not recommend changes in these programs. In general, it should be noted that there is a lack of coordination among programs operated by the Cities of Chico and Oroville and the county (i.e., underground storage tanks}. Funding and staffing inadequacies described in Sections 9.5 and 9.7 also impede effective implementation of existing programs. The county needs to develop a regulatory program to ensure the proper management of infectious wastes. Information on the quantity of infectious wastes generated by hospitals, clinics, doctors and veterinarians obtained from the SQG survey (Sections 9.2 and 9.8) should be used for the purposes of enforcing state regulations regarding infectious wastes. With respect to storage of hazardous materials, it is recommended that the county bring its above-ground storage program into conformity with the Cities of Chico and Oroville, utilizing the information obtained from AB 2185/87 inventories to initiate such a program. As funding becomes available, the county should conduct generator inspections. At present the following inspection programs exist: 146 9. Program Implementation the Environmental Health Division conducts inspections of underground tanks and Proposition 65-reported sites; the Chico Fire Department conducts annual inspections of tanks within its jurisdiction; and the Air Pollution Control District has two inspectors (one is also the County Agricultural Commissioner) for inspections of incinerators and other potential air pollution sources. When the county can afford to operate a generator inspection program it may be mare efficient to combine some of these inspection programs. 9.12 FOCUS OF INTER-JURISDICTIONAL AGREEMENT NEGOTIATIONS The county shall enter into negotiations with other jurisdictions far the purpose of negotiating one or more inter-jurisdictional agreements for the siting of hazardous waste management facilities adequate and necessary to meet the needs of the signatory jurisdictions. Such agreements shall follow the principle of fair share and may take into account both the volumes and degree of hazard for the wastes generated that require off-site management within each participating jurisdiction, and the degree of waste reduction effort made by each participating jurisdiction. If the siting of a particular type of hazardous waste management facility needed in this county is pat environmentally appropriate or economically viable, the county shall reach an agreement with one or mare other jurisdictions to facilitate the siting of a larger, environmentally appropriate and economically viable facility (or facilities) to be located elsewhere. This county and its cities, in turn, agree to actively consider and, if appropriate, to commit as part of an inter-jurisdictional agreement to approve the siting of an environmentally appropriate facility (ar facilities) within its own borders designed and sized to serve the hazardous waste management needs of other jurisdictions as well as of this county. 9.1.3 COUNTY ACTIONS The county will actively seek to provide its unmet hazardous waste management capacity needs through any combination of the following: waste reduction, facility siting and inter-jurisdictional agreements. If the county has not provided for its unmet hazardous waste management needs (either through waste reduction, facility siting, inter-jurisdictional agreements or any combination thereof) by February 1, 1992, the county, ar an organization sponsored by the county, will solicit proposals for a privately-owned hazardous waste management facility or facilities needed to manage the county's fair share of the hazardous waste stream. Proposals for hazardous waste management facilities will receive the attention of the county planning staff and governing body. The county will continue to 147 9. Program Implementation actively seek to provide for its unmet hazardous waste management capacity needs until such time as the county has met those needs through any combination of waste reduction, facility siting or inter- jurisdictional agreements. 148 EXHZB~T "C" SOLYD WASTE COMi~ffTTEE DUTIES 1. Review operation of landfill. 2. Review new legislation and regulations effecting operation of landfill. 3. Review gate fee increases to fund costs of operation of landfill. 4. Review and recommend solid waste collection procedures including mandatary county-wide collection and franchises for collectors. S. Review and recommend county--wide recycling procedures. 6. Review and comment on county SWMP revision. 7. Review and recommend household hazardous waste collection and disposal program. $. Review future financial requirements of the solid waste and hazardous waste collection and disposal programs, the landfill and landfill replacement.