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HomeMy WebLinkAboutCC 11 EIR HAZARDOUS 11-07-88TO: FROM: SUBJECT: WILLIAH A. HUSTOM, CZTY MANAGER COMHUIlITY DEVELOPIqEIlT DEPARTIqEIlT DRAFT EllVIRORIqEIlTAL IlqPACT REPORT (EIR) FOR THE ORAIlGE COUIlTY HAZARDOUS WASTE MAIlAGEIqEIlT PLAll RECOI~ENDATZON 11; Is recommended that the Clty Counctl: 1) authorize staff to request additional review time from EMA on the Draft EIR until completion of the HWMP, and 2) direct staff to transmit comments on the Draft EIR prior to close of the review period. BACKGROUND ..... In 1986 the State Legislature approved the Tanner Bill 2948 regarding the treatment and*disposal of hazardous wastes. As part.of this law, all counties. in California are required to prepare and adopt a Hazardous Waste Management Plan (HWMP). This plan is currently being revised for. approval by the State Department of Heal th Services (See Exhibit A, staff report to Planning Commission dated September 12, 1988). The adoption of the HWMP ts considered a project under the California Environmental Quality Act (CEQA) and a Draft EIR has been prepared and circulated for review by all responsible agencies in the County. In the very near future, the City of Tustin will be requested to review and approve the Draft Orange County HWMP and certify the EIR as adequate for the project. It is important to note that the Draft EIR is for the purposes of HWMP adoption only, subsequent environmental review is required of all proposed hazardous waste facility sites. At this time, there are no known proposals for a hazardous waste facility in Tustin. Adoption of the HWMP does not mean that a facility will come to Tustin, but it provides a mechanism for review of such facilities if one was proposed. ANALYSIS The Draft EIR was prepared by Weston, Inc. for the County' Environmental Management Agency (EMA). The EMA is considered the lead agency for the EIR and is responsible for coordinating with all 27 cities in Orange County as well as the other counties in southern California including and south of Ventura. City Council Report November 7, 1988 Hazardous Waste Management Plan EIR : Page two L The coopertion with l~he other counties Is for the purposes of ensuring compliance with the propo..s, ed joint powers agreement for implementation of the fair share policy described in Exhibit A. This proposed agreement will greatly lessen Orange County's burden under Tanner Bill 2948 by spreading treatment facilities troughout the region rather than providing all the necessary treatment and storage facilities in each individual county. The Draft EIR contains an executive summary (attached Exhibit B) which describes the issues and proposed mitigation measures. The impact categories identified in the Oraft EIR include: Geology/Soils; Hydrology; Land Use; Air Quality; Noise; Visual Resources; Energy; Biological Resources; Cultural Resources; Transportation Resources; Human Health Risks; Planning Issues; Socioeconomics and Public Utilities and Services. The document also includes discussion of three alternatives to the HWHP, the "no-project" alternative, treatment consolidation and the "fatr share" alternative, the latter of which is the recommended approach. Implementation' of the HWMP and the proposed mitigation measures in the Draft EIR would reduce the overall county-wide impacts for all categories to a level of insignificance. The only exception is the socioeconomic category regarding estimated site clean-up costs and impacts relative to socioeconomic impacts on areas surrounding any future facility sites. However, all proposed facilities are subject to CEQA and would require an EIR which would address these issues and the technical issues related to siting, design and management of a patti cular proposal. CONCERNS Since the EIR is for the purposes of the HWMP adoption and does not propose to locate any specific facilities or sites, staff's comments are limited to timing and other mechanics issues. As of this date, only a portion of the proposed HWMP has been circulated for review. The response period on the Draft EIR is proposed to end on November 18. Staff recommends that we request an extension of the EIR review period to allow time for adequate review of the proposed plan a'nd Draft EIR prior to submitting formal comments to the County. Some of the figures provided in the document also appear to be incorrect. This may be due to clerical or mathematical errors which can easily be corrected. The Plan and'EIR should include a monitoring program to ensure compliance with the mitigation measures. This monitoring will be required of all CEQA reviews conducted after January, 1989 by the State Legislature's approval of Bill 3180. This monitoring program will build 'trust with the residents in the County and assure local jurisdictions of the County's commitment to providing a healthy envi ronment. '~.---' Corn munity DeveloPmen~ Department Ctty Council Report November 7, 1988 Hazardous Waste Management Plan EIR Page three CONCLUSZON Staff has co~leted its review of the Draft EIR with the limited knowledge of the final HWMP. With the comments of the C.ity Council and the. items discussed in this report, staff is prepare'd to draft formal comments to be referred to the County. Director of Community Development LCP:pef attachments: Exhibit A - September 12, 1988 staff report Exhibit B - Executive Summary, Draft EIR Corn rnunity DeveloPmen~ Depar~rnen~ Planning Commission EXHIBI-T A · DATE: SEPTENBER ].2, 1988 TO: FRON: SUB,)E CT: PLANNING COPB4I SSION COHHUNITY DEVELOPHENT DEPARTHENT ORANGE COUNTY HAZARDOUS WASTE PLANAGEHENT PLAN (OCHWHP) RECOItlENDAT]:ON: Receive and file. BACKGROUND: In 1986 the .State Legislature adopted the Tanner Bi1'1 (AB2948) which requires all counties to adopt a hazardous waste management plan. The plan must provide for the processing and stttng crtterla for establishment of hazardous waste storage and treatment facilities. Thts law .also requires that each county provtde adequate facilities to handle all the wastes that the county generates. ANALYSIS: · Staff have been working closely with the County of Orange and representatives from each of the cities in the County on the preparation of the Orange County Hazardous Waste Management Plan (OCHWMP). The remainder of this report will focus upon the key issues related to the plan and the impending approval process that the Planning Commission and City Council will be involved in. In lg87 a draft plan was prepared for submittal to the .State Department of Health Services (DHS). This plan contained the information required by the Tanner Bill and was submitted in December 1987. The DHS reviewed this draft plan and submitted comments back to the City/County Tanner Committee. Key issues to be addressed in the revised plan include: ® Fair Share Policy: While AB2948 requires each county to provide for treatment and storage of its own hazardous wastes, the counties in the Southern California area (south of Santa Barbara) agree that it would be very difficult to site each type of facility within each individual county. This type of layout would be extremely costly and redundant. The counties'.:--tn the Southern Caifornia region have agreed to a fair share policy where by each county provides a pro-rata share of treatment and storage facilities rather than locating each type of facility within each county. Community Development Department Planntng Commission Meeting Orange County Hazardous Waste Management Pl an September [2, [988 Page two This policy will provide for adequate facilities disbursed over the region. The DHS was concerned with this type of agreement and stated this type of arrangement does not meet the intent of AB2948. However, other counties throughout California had intended to use the same or a similar type of agreement and DHS may approve this program. 2. Sit..i. ng Criteria: Another key issue in the OCHWMP which has met with the State's concern is the OCHWMP siting critiera. The criteria establishes development standards and locational criteria for the two major categories of hazardous waste facilities. These categories include residual repositories for long term storage of treated substances and other facilties such as treatment plants, incinerators, transfer, and temporary facilities. The plan established over 40 criteria for setbacks, site design, location to sensitive environmental areas and various technical requi remen ts. Although' the State has very specific site criteria for residuals repositories (long term storage of treated wastes), the OCHWMP draft applied these criteria to all facility types. The State determined that less restrictive criteria should be established for other facilities since their potential hazard level is much lower than residual repositories. It is important to note here that if a local justifiction chooses, it may establish more restrictive siting criteria. However, proper jurisdiction must be provided otherwise the State may disqualify them. 3. Compliance with the California Environmental Quality Act (CEQA)- The ~doption of the OCHWMP lis considered a 'project' under CEQA. The County is in the process of preparing a draft environmental impact report (EIR). The screen check document is being reviewed by the cities in Orange County and the document will be processed with the OCHWMP. This document will be a program EIR which each city can use when considering the OCHWMP for approval. PROCEDURAL REQUXREME#T,S: The OCHWMP must be approved by at least 50~ of the local jurisdictions within the County and the Board of Supervisors. Should a city choose not to participate Or deny approval of the plan, the state reserves the right to impose its own regulations on a city or county. For this reason, it is very important that Tustin participate in the process. Specifically, the State's pre-emption could result in location of a storage or treatment facility in the city without the right to practice our current land use decision-.making process. - . Corn rnunity DeveloPment Department Planning Commission Mee:tng Orange County Hazardous Waste Management Plan September 12, 1988 Page three In the next two months, the County will request each City to review, the revised OCHWMP and draft EIR. If the plan is approved by 50~ of the cities and the County Board of Supervisors, the plan will be sent to the State for final approval. The plan must be filed with the State prior to February 1, 1989. Should the State approve the plan, each City will be responsible for establishing their own hazardous waste siting criteria and process. For this purpose, an amendment to the General Plan and a City Ordinance will be required. The EIR discussed previously, will serve as a program EIR and would apply to this amendment and ordinance. The OCHWMP includes a model ordinance which contains all procedures and the siting criteria. Each city can use this model for preparation of their own ordinance. Staff has worked closely with the County on this model to ensur, e that it meet Tustin's requirements and special needs. Once all approvals have been granted by the State, the cities will have 180 days to process an ordinance. and General Plan Amendment. CONCLUSXON: This report is an update on the activities 'that staff have been involved in regarding the OCHWMP. In the very near future, the Planning Commission can expect to see the draft OCHWMP and EIR for review and comment. L~u~a Cay Pi cku~ Senior Planner Director of Community Development LCP' CAS' ts Corn rnunity DeveloPment DeparTment EXHIBIT' B 1.0 EXECUTI~TE SUMMARY The intent of this EIR is to. inform decision-makers and the general public of any significant adverse environmental effects associated with implementation of the Plan prior to adoption by the County of Orange and the 27 cities located within'the County, and approval by the State of California. The implementation of the Orange County Hazardous Waste Management Plan (Plan) is the subject of this Environmental Impact Report (EIR). This EIR evaluated the following components of the Plan: The general types of Hazardous Waste Management (HWM) facilities (e.g. storage, transfer, treatment and disposal facilities) identified by the Plan as needed for the. hazardous waste generated within Orange County. Facility siting criteria established to aid in' selecting a site for off-site hazardous waste facilities. Policies and programs' established to ensure the safe and efficient management of hazardous wastes within Orange County. Potential impacts which may result from Plan implementation have been identified in this EIR. These impacts are summarized below as are the 'proposed mitigation measures to reduce or avoid such effects. 1.1 .SUMMARY OF. IMPACTS AND MITIGATION MEASURES A' summary of impacts and mitigation measures are presented in Table 1-1 and 1-2. 1.2 SIGNIfICaNT ~DVERSE IMpaCTS ~FTER MITIGATION Implementation of the Plan and the mitigation measures outlined in this EIR would reduce the overall county-wide impacts for all topics discussed in Section 4.0 to a level of insignificance with the exception of one potentially significant socioeconomic impact. Implementation of Program D-1 (Remediation of Contaminated Sites) may result in a substant~[,l~l e~penditure of public funds. The magnitude of this expenditure cannot 'be~'determined at 'this time because contamination sites requiring clean-up are continUally being i - 1 l ii-i ' · iiiiiii eeeeeelo · ":]'-2 eeele xllllII I ~ ~I ~ ~I II ~ ' ' - : ~ ii: : iii] ~lll i ~ ·, I ~ ~ -. ~ . :-...... ~ .. 1 .. · i i ! i '! 1-4 m. 1-5 1 l' l 11 11 i1 II II t. II '! .! ! ! 1-7 identified in Orange County. In addition, specific future HWM facilities may result in significant impacts in the -immediate surrounding areas of where 'Such facilities are sited; however, that level of impact analysis was not conducted as a part of this EIR but will be evaluated in subsequent EIR's specific to future HWM facility projects. 1 - 8 Ctty Counctl Report November 7, 1988 Hazardous Waste Management Plan EIR Page three COIICLUSIOII Staff has completed 1ts review of the Draft EIR with the 11mtted knowledge of the final HWMP. With the comments of the City Council and the items discussed In thts report, staff ts prepared to draft formal comments to be referred to the County. Director of Community Development LCP:pef attachments: Exhibit A - September 12, 1988 staff report Exhibit B - Executive Summary, Draft EIR o . Corn munity DeveloPmen~ Depar~men~ Planning Commission EXHIBIT A DATE ' SEPTEIqBER 12, 1988' TO: FROH: SUBJECT: PLANNING COlqPll $$ION CQHHUNIT¥ DEYELOPIqENT DEPARTHENT ORANGE COUNTY HAZARDOUS WASTE PIANAGElqENT PLAN (OCHWlqP) RECOPIqENDATION: i Receive and file. BACKGROUND: .. In 1986 the .state Legislature adopted the Tanner Bi1'1 (AB2948) which requires all c0unttes to adopt a hazardous waste management plan. The plan must provide for the processing and string crtterta for establishment of hazardous waste storage and treatment facilities. This law .also requires that each county provtde adequate facilities to handle all the wastes that the county generates. ANALYSTS: iim Staff haVe been working closely with the County of Orange and representatives from each of the cities in the County on the preparation of the Orange County Hazardous Waste Management Plan (OCHWMP). The remainder of this report will focus upon the key issues related to the plan and the impending approval process that the Planning Commission and City Council will be involved in. In 1987 a draft plan was prepared for submittal to the .State Department of Health Services (DHS). This plan contained the information required by the Tanner Bill and was submitted in December 1987. The DHS reviewed this draft plan and submitted comments back to the City/County Tanner Committee. Key issues to be addressed in the revised plan include: 1. Fair Share Policy: While AB2948 requires each county to provide for treatment and storage of its own hazardous wastes, the counties in the Southern California area (south of Santa Barbara) agree that it would be very difficult to site each type of facility within each individual county. This type of layout would be extremely costly and redundant. The counties':-*t'n the Southern Caifornia region have agreed to a fair share policy where by each county provides a pro-rata share of treatment and storage facilities rather than locating each type of facility within each county. Community Development Department 'Planning Com~ssion Meeting Orange County Hazardous Waste Management Plan September 12, 1988 Page two This policy will provide for adequate facilities disbursed over the region. The DHS was concerned with this type of agreement and stated this type of arrangement does not meet the intent of AB2948. However, other counties through, out California had intended to use the same or a sinrilar type of agreement and DHS may approve this program. 2. Siti..n9 Criteria: Another key issue in the 0CHWMP which has met with the State's concern is the OCHWMP siting critiera. The criteria establishes development standards and locational criteria for the two major categories of hazardous waste facilities. These categories include residual repositories for long term storage of treated substances and'other facilties such as treatment plants, incinerators, transfer, and temporary facilities. The plan established over 40 criteria for setbacks, site design, location to sensitive environmental areas and various technical requirements. Although the State has very specific site criteria for residuals repositories (long term storage of treated wastes), the OCHWMP draft applied these criteria to all facility types. The State determined that less restrictive criteria should be established for other facilities since their potential hazard level is much lower than residual repositories. It is important to note here that if a local justiftction chooses, it may establish more restrictive siting criteria. However, proper jurisdiction must be provided otherwise the State may disqualify them. 3. Compiiance with the California Environmental Quality Act (CEQA): The adopti%"'~f 'tt~ OCHWMP is'' considered a 'project~ under CEQA. The County is in the process of preparing a draft environmental impact report (EIR). The screen check document is being reviewed by the cities in Orange County and the document will be processed with the OCHWMP. This document will be a program EIR which each city can use when considering the OCHWMP for approval. P ROCEDU.R.~., L REQUXREMENT.S: The OCHWMP must be approved by at least 50% of the local jurisdictions within the County and the Board of Supervisors. Should a city choose not to participate Or deny approval of the plan, the state reserves the right to impose its own regulations on a city or county. For this reason, it is very important that Tustin participate in the process. Specifically, the State's pre-emption could result in location of a storage or treatment facility in the city without. the right to practice our current land use decision-making process. Corn munity DeveloPrnen~ Depanmenx P1 ann1 ng Corem1 ssion Meet1 ng Orange County Hazardous Waste Management Plan September [2, 1988 Page three [~' the next two months, the County w111 request each City to revtew the revJsed .' OCHWHP and draft E[R. If the plan is approved by 50~ of the cities and the County Board of Supervisors, the plan will be sent to the State for final approva 1. The plan must be filed with the State prior to February 1, 1989. Should the State approve the plan, each City will be responsible for establishing their own hazardous waste siting criteria and process. For this purpose, an amendment to the General Plan and a City Ordinance will be required. The EIR discussed previously, will serve as a program EIR and would apply to this amendment and ordinance. The OCHWMP includes a model ordinance which contains all procedures and the siting criteria. Each city can use this model for preparation of their own ordinance. Staff has worked closely with the County on this model to ensure that it meet Tustin's requirements and special needs. Once all approvals have been granted by the State, the cities will have 180 days to process an ordinance. and General Plan Amendment. COMCLUSIOM: ii This report is an update on the activities that staff have been involved in regarding the OCHWMP. In the very near future, the Planning Commission can expect to see the draft OCHWMP and EIR for review and comment. L1u~a Cay PickuplJ Christine A. Shlngle~Yon Senior Planner Director of Community Development LCP: CAS: ts Corn rnunity DeveloPrnen~ DeparTrnen~ EXHIBIT' B 1.0 EXECOTIVE SUMMARY The intent of this EIR is to inform decision-makers and the general public of any significant adverse environmental effects associated with implementation of the Plan prior to adoption by the County of Orange and the 27 cities located within'the County, and approval by the State of California. The implementation of the Orange County Hazardous Waste Management Plan (Plan) is the subject of this Environmental Impact Report (EIR). This EIR evaluated the following components of the Plan: The general types of Hazardous Waste Management (HWM) facilities (e.g. storage, transfer, treatment and disposal facilities) identified by the Plan as needed for the. hazardous waste generated within Orange County. Facility siting criteria established to aid in selecting a site for off-site hazardous waste facilities. Policies and programs established to ensure the safe and efficient management of hazardous wastes within Orange County. Potential impacts which may result from Plan implementation have been identified in this EIR. These impacts are summarized below as are the proposed mitigation measures to reduce or avoid such effects. 1.1 SUMMARY OF IMPACTS AND MITIGATION M~ASURE8 A' summary of impacts and mitigation measures are presented in Table 1-1 and 1-2. 1.2 SIGNIFICANT ADVERSE IMPACTS AFTER MITIGATION Implementation of the Plan and the mitigation measures outlined in this EIR would reduce the overall county-wide impacts for all topics discussed in Section 4.0 to a level of insignificance with the exception of one potentially significant socioeconomic impact. Implementation of Program. D-1 (Remediation of Contaminated Sites) may result in a substan{-~al e~penditure of public funds. The magnitude of this expenditure cannot be determined at this time because contamination sites requiring clean-up are continually being i - i I ii:i mm m 1-2 m i i · i · IIlII i ,.'.~ i i , [ i iii. lille ii: ii] i i i i loll ,I O · 1-4 1-5 I I' I Il Il 1 1 l- i ii Ii, I : i I ' i .. .. .. · . · i .. ! 1 -i ° i l- · .=! i -'ia' ~.""..= -_.. ,. ~ - ~ . id~tified in Orange County. In addition, specific future HWM. facilities may result in significant impacts in the immediate surrounding areas of where such facilities are sited; however, that level of impact analysis was not conducted as a part of this EIR but will be evaluated in subsequent EIR's specific to future HWM facility projects. 1 - 8