HomeMy WebLinkAboutPH 2 O.C. HAZ WASTE EIR 3-20-89NO. 2
3-20-89
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND ENVIRONMENTAL
IMPACT REPORT (EIR).
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RECOMMENDATION
It is recommended that the City Council take the following actions'
1. Certify the proposed EIR as adequate to serve as a program EIR for the
consideration of the Orange County Hazardous Waste Management Plan by the
adoption of Resolution No. 89-40.
2. Approve the Orange County Hazardous Waste Management Plan by adoption of
Resolution No. 89-41.
BACKGROUND
In late 1986 the California State Legislature approved Tanner Bill 2948 which
requires each county in the state to prepare a Hazardous Waste Management Plan
(OCHWMP). The County of Orange has 'worked as the lead agency for preparation of
the Orange County Hazardous Waste Management Plan (hereafter referred to as the
"Plan"). Representatives from many Orange County cities, including Tustin, have
worked with the County to prepare the Plan and its accompanying Environmental
Impact Report (EIR} in accordance with the California Environmental Quality Act
(CEQA).
On February 27, 1989, the Planning Commission held a public hearing to accept
citizen testimony on the Plan. This hearing was advertised in the Tustin News
pursuant to State law. Presentations and a detailed discussion on the Plan were
also made by City and County staff in a public workshop prior to the hearing.
Attached to this report is a letter from Steel case recommending that the City
Council support adoption of the plan. At the conclusion of the hearing the
Planning Commission adopted Resolution No. 2570 which recommends approval of the
Plan to the City Council.
In order to meet the County's project schedule, the City of Tustin needs to
transmit a resolution declaring the City's position on the Plan prior to April
25, 1989 (90 days from the date of the Board's approval of the Plan on January
25, 1989).
City Council Report
Orange County Hazardous Waste
Management Plan
March 20, 1989
Page two .
Copies of the Plan and EIR were transmitted to the City Council for review on
March 6, 1989. A summary of the Plan and an analysis of the Plan's implications
is provided below.
ANALYSIS
The proposed Plan includes an introduction which identifies the purpose, scope,
legal authority and adoption process as well as discussing the different types
of hazardous wastes and processes for cleaning up said wastes. Preliminary
sections of the Plan are introductory in nature and do not have any specific
implications and are therefore, not discussed in detail in this summary.
The remainder of the Plan focuses on the specific characteristics and issues
related to Hazardous Waste for Orange County in particular. The identification
of current and projected sources of hazardous waste, management needs for
hazardous wastes, siting and permitting of waste facilities, policy direction
and the Plan implementation process, as well as the local implications of the
Plan are discussed further below.
1. Current and Projected Sources of Hazardous Wastes
The Plan identifies the major sources of haZardous wastes in Orange
County based on 1986 data. Sources of data were: the State Department of
Health Services; Orange County Hazardous Waste Generator Inspection
Program; estimates of household wastes; surveys conducted by the County of
Orange; and Hazardous Waste Facility reports. The aggregrated information
was the first time such data had been collected and evaluated for Orange
County.
According to the Plan, the estimated amount of hazardous waste generated in
1986 was 114,082 tons. Of this waste, 104,423 tons was generated by
industry; 87% was generated by small quantity generators, and 13% by large
quantity generators wi th the remaining tons generated by household and
other various sources. The location of industrial hazardous waste
generators are as follows:
City
_%.,of Or.mange County Industrial Total
Anaheim 35.2%
Santa Ana 16.9
Irvine 9.5
Orange 5.1
Newport Beach 5.0
Huntington Beach 4.3
Ful lerton 3.8
All other Orange County Cities 20.2
100.0%
Community Development Department
City Council Report
Orange County Hazardous Waste
Management Plan
March 20, 1989
Page three
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Year 2000 projected hazardous waste generation is estimated at 226,229 tons
per year l With 63%-projected to come from current sources, 34% from
contaminated soil clean ups, State and Federal Superfund sites and other
various clean ups, 2% from household hazardous wastes, and the remainder
from various sources. Since the projections indicate at least a 100%
increase in waste generation in the County, additional treatment facilities
and implementation of source reduction methods are extremely important.
The current facilities which handle hazardous waste in Orange County are
primarily transfer stations in Santa Ana, Anaheim, and Los Alamitos which
then direct wastes to Class I landfills outside the County (Kings, Los
Angeles, and Santa Barbara Counties). Orange County is substantially
deficient in all facility types needed to meet our projected needs by the
year 2000. If source reduction methods are implemented, a minimum of five
treatment facilities and at least one more transfer station are needed in
Orange County alone. The type and size of these facilities are noted on
Page III-23 of the Plan.
Hazardous Waste Management Needs and Issues
Typically, hazardous wastes are either treated on-site and disposed of into
the sewer system or taken away for treatment and disposal off-site.
Movement of wastes to off-site disposal facilities is becoming increasingly
difficult since many of the Class I landfills are closed or are closing in
the near future. For this reason, this section of the Plan identifies
source reduction and management methods.
Of foremost concern is the need to clean up existing hazardous waste
sites. The major sites currently identified are referred to as "superfund
sites". These superfund sites have been classified as major clean up
priorities for which the application of State and Federal "Superfund"
moni~es are used. There are ten such sites in the County, one of which is
the Tustin Marine Corps Air Station (MCAS).
The Plan identifies three major priorities for management of hazardous
wastes. These include: {1) Waste reduction of hazardous substances through
use and generation; (2)'Resource recovery and recycling; and (3) Treatment
on and off-site. The implementation of these management priorities will.be
accomplished through a number of techniques, such as education, process
remodeling, and the use of a joint powers agreement to share the cost for
insuring facilities.
S.iting and Permitting of Off-Si te Hazardous Waste Faci li ties
This section' of the Plan focuses on siting and permitting procedures for
necessary facilities needed to meet the needs of the Southern California
area. On page V-3 of the Plan, a synopsis of the permits for a typical
Community Development Department i
City Council Report
Orange County Hazardous Waste
Management Plan
March 20, 1989
Page four
®
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hazardous waste treatment facility are identified.
A key issue related to siting of facilities is the availability of
appropriate cost effective sites. The Southern California Hazardous Waste
Management Authority has proposed a "Fair Share" policy whereby each of the
participating Counties in the region agrees to provide a fair share of
facilities in their area. This policy may estimate the need for each
County to necessarily provide for each type of facility in their
jurisdiction and spreads them out over a larger area allowing the treatment
facilities to be located in the most appropriate area. This fair share
policy and the implications for Orange County are discussed in detail on
pages V-4 through V-7 of the Plan.
A standard permitting process for treatment facilit'ies is provided along
with a model ordinance for cities to adopt. Specific siting criteria for
treatment facilities are also provided.
Policy Direction and Plan Implementation
This section of the Plan provides goals and objectives for local agencies
to follow. Additionally, implementation plans for regional, county and
city action are provided. Once the Plan is approved by the State, each
local agency has 180 days to amend their General Plan or amend their Zoning
Ordinance to provide for Hazardous Waste Management in accordance with the
Plan. A model ordinance has been prepared'for this purpose and cities may
elect to adopt this model or a slightly different version.
This section also identifies the special hazardous waste issues such as
waste reduction, on-site treatment, small quantity generators, household
hazardous wastes, education/information programs, and transportation of
hazardous wastes. The remainder of this section discusses enforcement
procedures, regulation methods and remedial/emergency actions to provide
further guidance to local agencies.
Environmental Impact
For the purpose of meeting the requirements of the California Environmental
Quality Act (CEQA) a program Environmental Impact Report (EIR) has been
prepared. This EIR has been prepared for the purposes of the Plan approval
process and is not intended to be used for siting individual facilities,
and each individual facility proposal is subject to its own independent
review under CEQA. However, the EIR was prepared to serve as a program EIR
which can be used by each local agency for the implementation process when
local agencies adopt General Plan and/or Zoning Ordinance Amendments. All
impacts associated with the approval of the Plan have been mitigated to a
level of insignificance.
Community Development Department M
t-- I I II I ~
City Council Report
Orange County Hazardous Waste
Management Plan
March 20, 1989
Page fi ve
6. Local Implications of the Plan
While State law requires each county to adopt a Hazardous Waste Management
Plan, each local agency is also required to adopt a permitting procedure
for siting of future facilities. This procedure could be in the form of a
Municipal Code or General Plan Amendment.or both. The Plan includes a
model ordinance for each city' to use for this purpose. However, each city
does retain the right to incorporate additional or more restrictive siting
criteria if justified.
Should a city choose not to participate in the process, the State reserves
the right to make all facilities siting decisions, thereby rescinding a
local agency's land use decision making authority. Additionally, the
County Plan must be approved by at least 50% of the cities which contain a
minimum of 50% of the county's population in order to finalize adoption of
the Plan. Without this approval, the State will retain the right for
facilities siting decisions throughout Orange County. Therefore, it is
imperative that Tustin participate in the process.
Another local issue to .consider is financing and permitting procedures.
Should a proposal for a hazardous waste facility be submitted to Tustin,
any and all applicable State and local procedures would apply. Therefore,
the City could require compliance with both the County Plan as well as
local requirements. As provided in the Model Ordinance, permitting
procedures, siting requirements, technical assistance and financing methods
(for cost of application review) are provided. Once the Plan is adopted,
Tustin will have up to 180 day's to adopt these regulations or a revised
version to establish local procedures.
CONCLUSION
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Staff and the Planning COmmission have carefully reviewed the Plan and EIR and
considered the need for hazardous waste managemen~ and the legal requirements
established by the Tanner Bill. Based on this review, certification of the EIR
and approval of the Plan is recommended. Once the Plan isI approved by the
State, the appropriate Zoning Ordinance/General Plan Amendment will be prepared
for Plapning Comm~ission and City Counci~consid ration_
, Laura Kuhn Christine A. Shfngleton~/TM
Senior Planner Director of Community Development
LK:CAS:ts
Attachments: Letter from Steel case
Planning Commission Resolution No. 2570
City Council Resolution No. 89-40 and 89-41
Community Development Department
$!eelco.se Inc.
1123 Warner Avenue
Tustin, CA 92680
Telephone 714.259 8000
March 7-, 1989
The Honorable Ursul~ Kennedy
Mayor, City of Tustin
300 ~entennial Way
Tustin, CA 92680
RE[CEiVE.D, ....
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9 Fi89
' ' 7, fNt§TRATION
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Dear Mayor Kennedy:
With reference to Tustin Planning Commission Resolution No.
2570, regarding the Orange County Hazardous Waste Management
Plan, Steelcase would like to recommend your consideration of
approval of the plan. We have followed the development of the
plan from the beginning and believe it addresses the hazardous
waste situation in Orange County, and what will be needed to
find a solution to the problem.
With respect to the plan's requirement for source reduction.,
we started a review of our operations last year and have
substituted a new material to eliminate a hazardous waste
stream. This type of action can help. alleviate some-of the
problem.
Hoping for your favorable consideration of the plan.
Sincerely,
Waino Taipal~
Environmental Engineer
/mlt
cc: Bob Ballard
Bud DeVries
Mike Reed
Karen Peters - Orange County Fire Dept.
Sleelcase, Stow & D,3vi:;
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RESOLUTION NO. 2570
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDLNG APPROVAL OF THE
ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN TO THE
CITY COUNCIL.
The Planntng Commission of the Clty of Tustln does hereby resolve as
follc~s:
I. The Planntng Commission finds and determines as follo~s:
A. At the request of the Orange County Board of Supervisors, the
City of Tustln was requested to review the Orange County
Hazardous Waste Management Plan ("Plan") and Environmental
Impact Report (No. 490) and to make a determination whether to
approve or deny the Plan.
B. For the purpose of receiving public testimony from Tustln
residents, a publtc hearing was duly called, notlced and held on
the Plan on February 27, 1.989.
C. A Final Program Environmental Impact Report (No. 490) was
certified by the Orange County Board of Supervisors on December
20, 1988 and adequately addresses all environmental impacts
associated with the adoption of the Plan.
Adoption of the Plan by the City of Tusttn is in accordance with
all State laws and regulations'and, 'once the Plan is approved by
the State, the City of Tustin will amend the Tusttn Area General
Plan and/or the Municipal Code to accommodate hazardous waste
facility siting and perattttng requirements.
E. Any proposed hazardous waste facilities are subject to siting,
permitting and environmental review persuant to State law and
approval of the Plan does not constitute a. basis for waiving any
requirements.
II.
The Planning Commission hereby recommends to the City Counctl
approval of the Orange County Hazardous Waste Management Plan.
PASSED AND ADOPTED at a f~~.~
regull meeting of the Tustln Planning Commission,
held on the ~ day o , 1989.
·
. STATE. OF'CALIFORNIA )
COUNTY OF ORANGE )
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· CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the P]anntng Commission of the City of Tusttn, California; that
Resolution No. ~'7~ was duly passed and adopted at a r~egu~,ar meetin.g of,
the ~}sttn Planning CommisSion, held on the ~~/~ day of' ~._-~~c~4_.t.~
198-~',', ~
PENNI: FOLEY
Recording Secretary
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RESOLUTION NO. 89-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, FINDING THAT FINAL ENVIRON~IENTAL IMPAT REPORT
(EIR) FOR THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT
PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR AND
FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS
REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The City Council'of the City of Tustin does hereby resolve as follows'
I. The City Council finds and determines as follows'
A. Orange County Hazardous Waste Management Plan is considered a
"project" pursuant to the terms of the California Environmental
Quality Act; and
B. That the project is covered by a previously certified Final
Environmental Impact Report for Orange County Hazardous Waste
Management Plan which serves as a Program EIR for. the proposed
project. This Environmental~ Impact Report was certified by the
County Board of Supervisors on December 26, 1988 and was
circulated for local agency review on January 25, 1989.
II.
The Orange County Hazardous Management Plan Final Environmental
Impact Report, previously certified by the County of Orange was
considered prior to approval of this project. The City Council
hereby finds: this project is within the scope of the Final
Environmental Impact Report previously approved; the effects of this
project, relating to grading, drainage, circulation, public services
and utilities, were examined in the Program EIR. The Final EIR, is
therefore determined to be adequate to serve as a Program EIR for
consideration of the Orange County Hazardous Waste Management Plan
and satisfies all requirements of CEQA.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the day of , 1989.
ursula E. Kennedy,
Mayor
Ra'r'~, wyn~
city Clerk
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RESOLUTION NO. 89-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING OF ORANGE COUNTY
HAZARDOUS WASTE MANAGEMENT PLAN.
The City Council of the City of Tustin does hereby resolve as follows-
I. The City Council finds and determines as follows:
A®
At the request of the Orange County Board of Supervisors, the
City of Tustin was requested to review the Orange County
Hazardous Waste Management Plan ("Plan") and Environmental
Impact Report (No. 490) and to make a determination whether to
approve or deny the Plan.
Be
For the purpose of receiving public testimony from Tustin
residents, a public hearing was duly called, noticed and held by
the Planning Commission on the Plan on February 27, 1989.
C. A Final Program Environmental Impact Report (No. 490) was
certified by the Orange County Board of Supervisors on December
20, 1988 and adequately addresses all environmental impacts
associated with the adoption of the Plan.
De
Adoption of the Plan by the City of Tustin is in accordance with
all State laws and regulations and, once the Plan is approved by
the State, the City of Tustin will amend the Tustin Area General
Plan and/or the Municipal Code to accommodate hazardous waste
facility siting and permitting requirements.
E. Any proposed hazardous waste facilities are subject to siting,
permitting and environmental review persuant to State law and
approval of the Plan does not constitute a basis for waiving any
requirements.
II.
The City Council hereby approves the Orange County Hazardous Waste
Management Plan.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1989.
Ursula E. Kennedy
Mayor
Mary Wynn
Secretary