25135. (a) The Legislature finds and declares as follows:
(1) An effective planning process involving public and private
sector participation exists at the county level for establishing new,
or expanding existing, solid waste facilities, but an equivalent
process has not been established at the local level to plan for the
management of hazardous wastes.
(2) Counties are presently required to prepare solid waste
management plans for all waste disposal within each county and for
all waste originating in each county. While the department has
requested that counties include in their solid waste management plans
a hazardous waste management element, there is not presently a clear
mandate that they do so.
(3) Hazardous waste management planning at the local level has
been hampered because the department has not provided the counties
with adequate and comprehensive planning guidelines, there is a lack
of accurate data on hazardous waste generation, handling, and
disposal practices, adequate funding has not been available, and
local expertise in hazardous waste planning has not been developed.
(4) The failure to plan for the safe and effective management of
hazardous wastes has contributed to the public's general uncertainty
in viewing proposals to site hazardous waste facilities at various
locations throughout the state. Because advance planning has not
taken place, local governments are not prepared to consider siting
proposals and the public has not received adequate answers to
questions concerning the need for proposed facilities.
(5) Safe and responsible management of hazardous wastes is one of
the most important environmental problems facing the state at the
present time. It is critical to the protection of the public health
and the environment, and to the economic growth of the state. If
environmentally sound hazardous waste facilities are not available to
effectively manage the hazardous wastes produced by the many
industries of the state, economic activity will be hampered and the
economy cannot prosper.
(b) The Legislature, therefore, declares that it is in the public
interest to establish an effective process for hazardous waste
management planning at the local level. This process is consistent
with the responsibility of local governments to assure that adequate
treatment and disposal capacity is available to manage the hazardous
wastes generated within their jurisdictions.
(c) It is the intent of the Legislature that the hazardous waste
management plans prepared pursuant to this article serve as the
primary planning document for hazardous waste management at the local
level; that the plans be integrated with other local land use
planning activities to ensure that suitable locations are available
for needed hazardous waste facilities; that land uses adjacent to, or
near, hazardous waste facilities, or proposed sites for these
facilities, are compatible with their operation; and that the plans
are prepared with the full and meaningful involvement of the public,
environmental groups, civic associations, generators of hazardous
wastes, and the hazardous waste management industry.
(d) It is further the intent of the Legislature, in enacting this
article, to define the respective responsibilities of state and local
governments in hazardous waste management planning; to establish a
comprehensive planning process in which state and local government,
the public, and industry jointly develop safe and effective solutions
for the management and disposal of hazardous wastes; to ensure that
local governments are assisted adequately by the state in carrying
out their responsibilities; and to provide funding for local-level
planning.
25135.1. (a) For purposes of this article, and unless the context
indicates otherwise, "county" means a county that notifies the
department that it will prepare a county hazardous waste management
plan in accordance with this article and receives a grant pursuant to
Section 25135.8. "County" also means any city, or two or more cities
within a county acting jointly, which notifies the department that
it will prepare a county hazardous waste management plan in
accordance with subdivision (c).
(b) A county may, at its discretion, and after notification to the
department, prepare a county hazardous waste management plan for the
management of all hazardous waste produced in the county. A county
hazardous waste management plan prepared pursuant to this article
shall serve in lieu of the hazardous waste portion of the county
solid waste plan provided for in Article 2 (commencing with Section
66780) of Chapter 2 of Title 7.3 of the Government Code. The county
hazardous waste management plan shall be prepared in cooperation with
the affected cities in the county and the advisory committee
appointed pursuant to Section 25135.2, in accordance with the
guidelines adopted by the department pursuant to Section 25135.5, and
in accordance with the schedule specified in Section 25135.6.
(c) On or before March 31, 1987, every county shall notify the
department and the cities within the county whether the county has
elected to prepare a county hazardous waste management plan pursuant
to this article. A city, or two or more cities acting jointly,
located within a county which elects not to prepare a county
hazardous waste management plan or which fails to make an election,
on or before March 31, 1987, to prepare a plan, may, at the city's or
cities' discretion, elect to undertake the preparation of the plan.
The city or cities shall be deemed to be acting in place of the
county for purposes of this article and may apply for funding to pay
the cost of preparing the plan pursuant to subdivision (c) of Section
25135.8. However, the city or cities may not receive funding
pursuant to subdivision (c) of Section 25135.8, unless the proposal
to prepare a county hazardous waste management plan by the city or
cities is approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area
of the county and the proposal is received by the department on or
before June 30, 1987.
(d) The county hazardous waste management plan authorized by
subdivision (b) or (c) shall serve as the primary planning document
for hazardous waste management in the county and shall be prepared as
a useful informational source for local government and the public.
The plan shall include, but is not limited to, all of the following
elements:
(1) An analysis of the hazardous waste stream generated in the
county, including an accounting of the volumes of hazardous wastes
produced in the county, by type of waste, and estimates of the
expected rates of hazardous waste production until 1994, by type of
waste.
(2) A description of the existing hazardous waste facilities which
treat, handle, recycle, and dispose of the hazardous wastes produced
in the county, including a determination of the existing capacity of
each facility.
(3) An analysis of the potential in the county for recycling
hazardous waste and for reducing the volume and hazard of hazardous
waste at the source of generation.
(4) A consideration of the need to manage the small volumes of
hazardous waste produced by businesses and households.
(5) A determination of the need for additional hazardous waste
facilities to properly manage the volumes of hazardous wastes
currently produced or that are expected to be produced during the
planning period.
(6) An identification of those hazardous waste facilities that can
be expanded to accommodate projected needs and an identification of
general areas for new hazardous waste facilities determined to be
needed. In lieu of this facility and area identification, the plan
may instead include siting criteria to be utilized in selecting sites
for new hazardous waste facilities. If siting criteria are included
in the county hazardous waste management plan, the plan shall also
designate general areas where the criteria might be applicable.
(7) A statement of goals, objectives, and policies for the siting
of hazardous waste facilities and the general management of hazardous
wastes through the year 2000.
(8) A schedule which describes county and city actions necessary
to implement the hazardous waste management plan through the year
2000, including the assigning of dates for carrying out the actions.
(e) In addition to the elements of the plan required by
subdivision (d), a county may include a description of any additional
local programs which the county determines to be necessary to
provide for the proper management of hazardous wastes produced in the
county. These programs may include, but are not limited to, public
education, enforcement, surveillance, transportation, and
administration.
(f) The inclusion of an element in a county hazardous waste
management plan pursuant to subdivision (d) or (e) does not authorize
the county to adopt a program which the county is not otherwise
authorized to adopt under any other provision of law.
25135.2. (a) Each county shall establish an advisory committee of
at least seven members to assist the county in the preparation and
administration of the county hazardous waste management plan. The
board of supervisors of the county shall appoint the members who are
not city representatives to the advisory committee, including at
least one representative of industry, one representative of an
environmental organization, and one representative of the public. The
advisory committee shall also consist of at least three members to
represent cities appointed by the city selection committee specified
in Article 11 (commencing with Section 50270) of Chapter 1 of Part 1
of Division 1 of Title 5 of the Government Code. The board of
supervisors shall, to the extent possible, appoint other members that
have expertise concerning aspects of hazardous waste management
planning, including, but not limited to, engineering, geology, and
water quality.
(b) The advisory committee shall do all of the following:
(1) Advise the county staff, the board of supervisors of the
county, and the staff, mayors, and council members of the cities
within the county, on issues related to the development, approval,
and administration of the county hazardous waste management plan.
(2) Hold informal public meetings and workshops to provide the
public with information, and to receive comments, during the
preparation of the county hazardous waste management plan.
(c) If a city or group of cities are preparing the county
hazardous waste management plan pursuant to subdivision (c) of
Section 25135.1, the city or cities shall establish the advisory
committee, using the qualifications and representation specified in
subdivision (a).
25135.3. The Association of Bay Area Governments, the Southern
California Association of Governments, the Sacramento Area Council of
Governments, and the Association of Monterey Bay Area Governments
may, at the discretion of their governing boards, prepare a regional
hazardous waste management plan to serve as a resource document and
to identify hazardous waste management issues, needs, and solutions
at the regional level. A council of governments specified in this
subdivision shall include in the regional plan additional counties
affected by the regional plan, at the request of the councils of
governments for those counties. A council of governments shall
prepare the regional plan pursuant to the following procedure:
(a) A council of governments specified in this subdivision may
apply to the department for funding pursuant to paragraph (3) of
subdivision (b) of Section 25135.8.
(b) On or before December 31, 1987, a council of governments which
receives funding from the department shall prepare a draft regional
hazardous waste management plan and submit the draft plan to the
department. If a council of governments shows the department that it
has made substantial compliance towards completing the draft regional
hazardous waste management plan and needs additional time to
complete the draft regional plan, the department may extend, to March
31, 1988, the date by which the draft regional plan is required to
be submitted. The council of governments shall involve the public
with the preparation of the draft plan, to the fullest extent
possible, by public hearings, informational meetings, and other
appropriate forums that offer the public the opportunity to respond
to clearly defined alternative objectives, policies, and actions.
(c) From January 1, 1988, to March 31, 1988, or, if the department
has given the council of governments a time extension pursuant to
subdivision (b), on or before June 30, 1988, the council of
governments shall conduct hearings on the draft regional hazardous
waste management plan, in the number determined appropriate by the
council of governments. The council of governments shall provide
affected local jurisdictions, the public, industry, business
organizations, and the hazardous waste management industry with a
full opportunity to comment orally and in writing on the draft plan.
(d) On or before March 31, 1988, or, if the department has given
the council of governments a time extension pursuant to subdivision
(b), on or before June 30, 1988, the department shall review the
draft plan, and provide the council of governments with comments on
the draft plan.
(e) After conducting the review and comment period required by
subdivision (c), the council of governments shall revise, as
appropriate, the draft regional hazardous waste management plan.
(f) On or before September 30, 1988, or, on or before January 31,
1989, if the council of governments is given a time extension
pursuant to subdivision (g), the council of governments shall
complete and adopt the plan.
(g) On or before October 1, 1988, the council of governments shall
submit the final regional hazardous waste management plan adopted by
its governing board to the department for review and approval. If a
council of governments shows the department that the council of
governments has made substantial progress towards completing the
regional hazardous waste management plan and needs more time to
complete the plan, the department may extend this date to September
1, 1989. The department shall approve the regional plan if the
department determines that all of the following requirements are met:
(1) The regional plan is consistent with the guidelines for the
preparation of regional hazardous waste management plans adopted by
the department.
(2) The regional plan applies the methods, techniques, and
policies established by the department to analyze the waste stream
and to determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste produced within the region.
(h) Throughout the process of preparing a regional hazardous waste
management plan, a council of governments shall cooperate and
consult with representatives and staff of affected counties and
cities.
(i) Notwithstanding subdivisions (a) to (h), inclusive, of this
section, if, pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, a joint powers
agreement provides for the creation of the Southern California
Hazardous Waste Management Authority, the Southern California
Association of Governments shall, if it has elected to prepare a
regional hazardous waste management plan pursuant to this section,
transfer the responsibility for preparing the regional hazardous
waste management plan and all funds received pursuant to subdivision
(b) of Section 25135.8 to the authority, if the governing board of
the authority requests the transfer by the adoption of a resolution.
If the transfer takes place, the authority shall comply with this
section in the same manner as this section applies to the
association. If the transfer of responsibility and funds authorized
by this subdivision takes place and the authority is dissolved at any
time before the regional hazardous waste management plan is approved
by the department, the association shall prepare the regional
hazardous waste management plan and any remaining funds received
pursuant to subdivision (b) of Section 25135.8 shall be transferred
back to the association.
25135.4. (a) No person shall establish or expand an offsite
facility, unless the legislative body of the city or county in which
the new offsite facility, or the expansion of an existing offsite
facility, is proposed makes a determination that the facility or
expansion is consistent with the county hazardous waste management
plan.
(b) This section applies only to proposed new offsite facilities,
or expansions of existing offsite facilities, if an approval action
pursuant to Title 7 (commencing with Section 65000) of the Government
Code is necessary.
(c) This section does not apply to cities or counties which do not
have an approved county hazardous waste management plan.
25135.5. (a) The department shall, pursuant to this section,
provide direction and technical data to counties and regional
councils of governments to assist them in preparing planning
documents for the management of hazardous wastes produced within
their jurisdictions.
(b) The department shall do all of the following:
(1) On or before June 30, 1987, after conducting a workshop with
county and city government officials and industry and environmental
representatives, prepare and transmit to counties and regional
councils of governments guidelines for the preparation and adoption
of county and regional hazardous waste management plans. Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code does not apply to the preparation and
transmittal of these guidelines. The guidelines shall include, but
are not limited to, all of the following:
(A) A listing of types or categories of hazardous wastes that can
be used in characterizing the hazardous waste stream in each county
or region.
(B) Methods for determining the capacity of the hazardous waste
facilities that currently manage the hazardous wastes in the county
or region and for assessing the capacity of these hazardous waste
facilities to manage these hazardous wastes in the future.
(C) Methods for assessing the need to establish new, or expand
existing, capacity for the management of hazardous wastes produced in
each county or region.
(D) Methods for estimating the amounts of hazardous waste produced
by small businesses and households.
(2) On or before June 30, 1987, provide to each county and
regional council of governments, all of the following information:
(A) Available data on the types and quantities of hazardous wastes
produced in the county or region. The department shall inform the
counties and regional councils of governments of the strengths and
limitations of the data.
(B) A listing of the hazardous waste facilities that have received
hazardous waste facilities permits or grants of interim status in
each county or region. The listing shall specify whether the
facilities are onsite or offsite facilities and whether the
facilities are used for the storage, treatment, transfer, recycling,
or disposal of hazardous waste.
(C) A listing of producers of hazardous wastes known to the
department in the county or region.
(D) An assessment of overall needed capacities for treating and
disposing of hazardous wastes at the state and regional levels
through the year 1994.
(E) A description of state policies and programs concerning the
management of hazardous waste, including, but not limited to, the
policies and programs for recycling various types of hazardous
wastes, requiring the treatment of particular types of hazardous
wastes, restricting the disposal to land of particular types or
categories of hazardous wastes, encouraging the reduction of the
amounts of hazardous waste produced at the source of production, and
any other policies and programs that affect the need for additional
management capacity in various types of hazardous waste facilities.
(F) An assessment of the potential for recycling, or reducing the
volume of, various types of hazardous wastes in various classes of
industry.
25135.6. (a) A county shall prepare, review, and adopt the county
hazardous waste management plan pursuant to the schedule specified in
this section.
(b) On or before December 31, 1987, each county, with the
cooperation of affected local jurisdictions and the advisory
committee established pursuant to Section 25135.2, shall prepare a
draft county hazardous waste management plan and submit the draft
plan to the department. If a county shows to the department that the
county has made substantial compliance towards completing the draft
county hazardous waste management plan and needs additional time to
complete the draft plan, the department may extend to March 31, 1988,
the date by which the draft plan is required to be submitted. The
county shall involve the public with the preparation of the draft
plan, to the fullest extent possible, by public hearings,
informational meetings, and other appropriate forums that offer the
public the opportunity to respond to clearly defined alternative
objectives, policies, and actions.
(c) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the county shall conduct hearings on the draft county
hazardous waste management plan, in the number determined
appropriate by the county. The county shall provide affected local
jurisdictions, the public, industry, business organizations, and the
hazardous waste management industry with the full opportunity to
comment orally and in writing on the draft county hazardous waste
management plan.
(d) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the department shall review the draft plan, and
provide each county with comments which specify the changes or
additions which are required to be made to the draft plan to result
in a final plan which can be approved by the department pursuant to
Section 25135.7.
(e) After conducting the review and comment period required by
subdivision (c), each county shall revise, as appropriate, the draft
county hazardous waste management plan.
(f) The revised county hazardous waste management plan shall be
approved by a majority of the cities within the county which contain
a majority of the population of the incorporated area of the county,
subject to subdivision (g).
(g) The revised county hazardous waste management plan shall be
submitted to each city within the county for their approval. Each
city shall act upon the revised county hazardous waste management
plan within 90 days after the city has received the plan. If a city
fails to act upon the plan within 90 days of receiving the plan, the
city shall be deemed to have approved the plan as submitted.
(h) On or before September 30, 1988, or, on or before May 31,
1989, if the county is given an extension pursuant to subdivision (a)
of Section 25135.7, the county shall adopt the revised county
hazardous waste management plan as the final county hazardous waste
management plan. If the county is given an additional time extension
to September 1, 1989, pursuant to subdivision (a) of Section 25135.
7, the county shall adopt the revised county hazardous waste
management plan as the final county hazardous waste management plan
by August 31, 1989.
25135.7. (a) A county shall submit the final county hazardous waste
management plan adopted by the county to the department for review
and approval on or before October 1, 1988. If a county shows the
department that the county has made substantial progress towards
completing the county hazardous waste management plan and needs more
time to complete the plan, the department may extend this date to
June 1, 1989. If the department sends comments on the draft county
hazardous waste management plan to a county after June 30, 1988, the
department may extend the due date for submittal of the final county
hazardous waste management plan for that county to September 1, 1989.
The department shall, on or before December 31, 1988, or on or
before November 30, 1989, if the county is given a time extension,
review and either approve or disapprove the county hazardous waste
management plan. If an additional time extension is given to
September 1, 1989, pursuant to this subdivision, the department shall
review and either approve or disapprove the county hazardous waste
management plan on or before February 28, 1990. The department shall
approve the county hazardous waste management plan if the department
makes all of the following determinations:
(1) The plan substantially complies with the guidelines for the
preparation of hazardous waste management plans adopted by the
department.
(2) The plan applies the methods, techniques, and policies
established by the department to analyze the waste stream and to
determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste generated within the county.
(3) If the plan contains a determination pursuant to paragraph (5)
of subdivision (d) of Section 25135.1 that there is a need for
additional or expanded hazardous waste facilities, the plan proposes
general areas, or, as determined appropriate by the county, proposes
specific sites which may be suitable locations for a facility.
However, if the plan instead contains siting criteria for selecting
sites for new hazardous waste facilities, the plan shall propose
general areas where the criteria might be applicable.
(4) If the county preparing the plan has entered into a formal
agreement with other counties to manage hazardous waste, the
agreement is documented.
(b) Within 180 days after the department approves a county
hazardous waste management plan, the county shall either incorporate
the applicable portions of the plan, by reference, into the county's
general plan, or enact an ordinance which requires that all
applicable zoning, subdivision, conditional use permit, and variance
decisions are consistent with the portions of the county hazardous
waste management plan which identify specific sites or siting
criteria for hazardous waste facilities.
(c) Within 180 days after receiving written notification from the
county that the county hazardous waste management plan has been
approved, each city within that county shall do one of the following:
(1) Adopt a city hazardous waste management plan containing all of
the elements required by subdivision (d) of Section 25135.1 which
shall be consistent with the approved county hazardous waste
management plan.
(2) Incorporate the applicable portions of the approved county
plan, by reference, into the city's general plan.
(3) Enact an ordinance which requires that all applicable zoning,
subdivision, conditional use permit, and variance decisions are
consistent with the portions of the approved county plan which
identify general areas or siting criteria for hazardous waste
facilities.
(d) This section does not limit the authority of any city to
attach appropriate conditions to the issuance of any land use
approval for a hazardous waste facility in order to protect the
public health, safety, or welfare, and does not limit the authority
of a city to establish more stringent planning requirements or siting
criteria than those specified in the county hazardous waste
management plan.
(e) Any amendment to an adopted county hazardous waste management
plan requires the approval of the department, the county, and a
majority of the cities within the county which contain a majority of
the population of the incorporated area of the county.
25135.7.5. (a) If the department disapproves a county hazardous
waste management plan pursuant to subdivision (a) of Section 25135.7,
or a regional hazardous waste management plan pursuant to Section
25135.3, the department shall provide the county or regional council
of governments, in writing and at the time of disapproval, with a
detailed description of its reasons for disapproval of the plan. A
county or regional council of governments with a disapproved
hazardous waste management plan may submit a revised plan to the
department one time only. A revised county or regional hazardous
waste management plan shall be submitted to the department within 270
days of the effective date of the act adding this section, or within
270 days of plan disapproval if the plan is disapproved by the
department after the effective date of the act adding this section. A
county or regional council of governments shall notify the
department of their intent to revise and resubmit a disapproved plan
within 45 days of the effective date of the act adding this section,
or within 45 days of plan disapproval, if the plan is disapproved
after the effective date of the act adding this section. A
resubmitted county or regional plan shall contain detailed responses
to all of the reasons for disapproval of the plan described by the
department. The department shall provide counties with informational
guidelines on developing an approvable plan.
(b) Before submitting a revised county hazardous waste management
plan to the department pursuant to this section, the revised plan
shall be approved by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county, as specified in subdivisions (f) and (g) of Section 25135.6.
A city which fails to act upon a county plan revised pursuant to
this section within 90 days after the plan has been submitted to the
city by the county shall be deemed to have approved the revised plan.
(c) The department shall review and either approve or disapprove a
county or regional hazardous waste management plan revised pursuant
to subdivision (a) within 180 days of receiving the revised plan.
(1) The department shall approve a revised county hazardous waste
management plan if the department makes all of the determinations in
paragraphs (1), (2), (3), and (4) of subdivision (a) of Section
25135.7. If the department approves a revised county hazardous waste
management plan pursuant to this section, the county shall comply
with subdivision (b) of Section 25135.7, and each city within that
county shall comply with subdivision (c) of Section 25135.7.
(2) The department shall approve a revised regional hazardous
waste management plan if the department makes all of the
determinations in subdivision (g) of Section 25135.3.
(d) A county which did not submit its plan to the department
within the due dates for plan submittal established by subdivision
(a) of Section 25135.7, or a county whose plan was not formally acted
upon by the department by the February 28, 1990, deadline, may
submit their plan to the department for review and approval or
disapproval pursuant to the provisions governing the resubmittal of
revised plans established by this section.
(e) A council of governments which did not submit its plan to the
department within the due dates for plan submittal established by
Section 25135.3, or whose plan has not been formally acted upon by
the department, may submit their plan to the department for review
and approval or disapproval pursuant to the provisions governing the
resubmittal of revised plans established by this section.
25135.8. Notwithstanding Section 25135.7.5, the review and approval
of county hazardous waste management plans for counties within the
Association of Bay Area Governments region shall be governed in the
following manner:
(a) Each county within the Association of Bay Area Governments
region with an unapproved county hazardous waste management plan may
submit the final plan adopted by the county to the department for
review and approval or disapproval on or before January 15, 1994.
(b) Each county within the Association of Bay Area Governments
region which submitted a final plan adopted by the county to the
department after June 24, 1991, and prior to January 1, 1994, shall
be considered to have met the condition of subdivision (a) with
regard to the timely submission of county plans.
(c) The department shall, on or before July 1, 1994, review and
either approve or disapprove the county hazardous waste management
plans of the counties within the Association of Bay Area Governments
region. The department shall approve the county hazardous waste
management plan if the department makes all the determinations
specified in paragraphs (1) to (4), inclusive, of subdivision (a) of
Section 25135.7.
25135.9. (a) The department shall, pursuant to this section and
subdivision (c) of Section 25170, prepare and adopt a state hazardous
waste management plan. The state hazardous waste management plan
shall serve as a comprehensive planning document for the state and
shall be prepared as a useful informational source for the public,
local government, and regional councils of government. The state
hazardous waste management plan shall be prepared in conjunction
with, and shall take into account, hazardous waste management plans
adopted by counties and regional councils of governments.
(b) The state hazardous waste management plan shall be prepared
and adopted by the department on or before November 30, 1991, shall
be reviewed annually, and shall be revised to reflect new information
at least once every three years.
(c) In preparing and adopting the state hazardous waste management
plan, and in revising the plan thereafter, the department shall do
all of the following:
(1) Publish the draft plan or the revised plan and make it
available to the public for review and comment at least three months
before final adoption.
(2) Conduct workshops and at least two public hearings on the plan
or the draft revised plan, one in the southern part of the state and
one in the northern part of the state, to solicit the views of the
public, local government, regional councils of governments, and
interested parties.
(3) Include in the final state hazardous waste management plan and
in revisions of the plan, a summary of the comments received and the
department's responses to those comments.
(d) The state hazardous waste management plan, and each revision
of the plan, shall include, but need not be limited to, all of the
following elements:
(1) An analysis of the hazardous waste streams produced in the
state, an accounting of the volumes of hazardous waste produced in
each county and region of the state, by type of waste, and estimates
of the expected rates of hazardous waste production, by type of
waste, during the next five years.
(2) An inventory of existing and planned hazardous waste
facilities which handle, treat, recycle, dispose, or otherwise manage
hazardous wastes produced in the state. The inventory shall include
a description of the facilities, a determination of the capacity of
each existing or planned facility to handle, treat, recycle, dispose,
or otherwise manage the waste streams it is authorized to handle,
treat, recycle, dispose, or otherwise manage, and a description of
the current progress and status of each planned facility in achieving
operational status, including a timetable for becoming operational.
(3) An assessment of the need for additional hazardous waste
facilities to manage the volumes of hazardous waste currently
produced or which are expected to be produced during the next 20
years.
(4) An identification of the areas or regions of the state where
new or expanded capacity to manage hazardous wastes are needed and
the types of facilities that should be sited and constructed.
(5) A description of the policies, programs, incentives,
requirements, prohibitions, or other measures which, if implemented,
would reduce or eliminate the need for new or expanded facilities.
(6) A statement of goals, objectives, and policies currently in
effect, or in the process of development, for the siting of hazardous
waste facilities and the management of hazardous wastes during the
next five years.
(7) A schedule of recommended actions, including specific dates,
for carrying out state, regional, and local actions to implement the
state hazardous waste management plan.
25135. (a) The Legislature finds and declares as follows:
(1) An effective planning process involving public and private
sector participation exists at the county level for establishing new,
or expanding existing, solid waste facilities, but an equivalent
process has not been established at the local level to plan for the
management of hazardous wastes.
(2) Counties are presently required to prepare solid waste
management plans for all waste disposal within each county and for
all waste originating in each county. While the department has
requested that counties include in their solid waste management plans
a hazardous waste management element, there is not presently a clear
mandate that they do so.
(3) Hazardous waste management planning at the local level has
been hampered because the department has not provided the counties
with adequate and comprehensive planning guidelines, there is a lack
of accurate data on hazardous waste generation, handling, and
disposal practices, adequate funding has not been available, and
local expertise in hazardous waste planning has not been developed.
(4) The failure to plan for the safe and effective management of
hazardous wastes has contributed to the public's general uncertainty
in viewing proposals to site hazardous waste facilities at various
locations throughout the state. Because advance planning has not
taken place, local governments are not prepared to consider siting
proposals and the public has not received adequate answers to
questions concerning the need for proposed facilities.
(5) Safe and responsible management of hazardous wastes is one of
the most important environmental problems facing the state at the
present time. It is critical to the protection of the public health
and the environment, and to the economic growth of the state. If
environmentally sound hazardous waste facilities are not available to
effectively manage the hazardous wastes produced by the many
industries of the state, economic activity will be hampered and the
economy cannot prosper.
(b) The Legislature, therefore, declares that it is in the public
interest to establish an effective process for hazardous waste
management planning at the local level. This process is consistent
with the responsibility of local governments to assure that adequate
treatment and disposal capacity is available to manage the hazardous
wastes generated within their jurisdictions.
(c) It is the intent of the Legislature that the hazardous waste
management plans prepared pursuant to this article serve as the
primary planning document for hazardous waste management at the local
level; that the plans be integrated with other local land use
planning activities to ensure that suitable locations are available
for needed hazardous waste facilities; that land uses adjacent to, or
near, hazardous waste facilities, or proposed sites for these
facilities, are compatible with their operation; and that the plans
are prepared with the full and meaningful involvement of the public,
environmental groups, civic associations, generators of hazardous
wastes, and the hazardous waste management industry.
(d) It is further the intent of the Legislature, in enacting this
article, to define the respective responsibilities of state and local
governments in hazardous waste management planning; to establish a
comprehensive planning process in which state and local government,
the public, and industry jointly develop safe and effective solutions
for the management and disposal of hazardous wastes; to ensure that
local governments are assisted adequately by the state in carrying
out their responsibilities; and to provide funding for local-level
planning.
25135.1. (a) For purposes of this article, and unless the context
indicates otherwise, "county" means a county that notifies the
department that it will prepare a county hazardous waste management
plan in accordance with this article and receives a grant pursuant to
Section 25135.8. "County" also means any city, or two or more cities
within a county acting jointly, which notifies the department that
it will prepare a county hazardous waste management plan in
accordance with subdivision (c).
(b) A county may, at its discretion, and after notification to the
department, prepare a county hazardous waste management plan for the
management of all hazardous waste produced in the county. A county
hazardous waste management plan prepared pursuant to this article
shall serve in lieu of the hazardous waste portion of the county
solid waste plan provided for in Article 2 (commencing with Section
66780) of Chapter 2 of Title 7.3 of the Government Code. The county
hazardous waste management plan shall be prepared in cooperation with
the affected cities in the county and the advisory committee
appointed pursuant to Section 25135.2, in accordance with the
guidelines adopted by the department pursuant to Section 25135.5, and
in accordance with the schedule specified in Section 25135.6.
(c) On or before March 31, 1987, every county shall notify the
department and the cities within the county whether the county has
elected to prepare a county hazardous waste management plan pursuant
to this article. A city, or two or more cities acting jointly,
located within a county which elects not to prepare a county
hazardous waste management plan or which fails to make an election,
on or before March 31, 1987, to prepare a plan, may, at the city's or
cities' discretion, elect to undertake the preparation of the plan.
The city or cities shall be deemed to be acting in place of the
county for purposes of this article and may apply for funding to pay
the cost of preparing the plan pursuant to subdivision (c) of Section
25135.8. However, the city or cities may not receive funding
pursuant to subdivision (c) of Section 25135.8, unless the proposal
to prepare a county hazardous waste management plan by the city or
cities is approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area
of the county and the proposal is received by the department on or
before June 30, 1987.
(d) The county hazardous waste management plan authorized by
subdivision (b) or (c) shall serve as the primary planning document
for hazardous waste management in the county and shall be prepared as
a useful informational source for local government and the public.
The plan shall include, but is not limited to, all of the following
elements:
(1) An analysis of the hazardous waste stream generated in the
county, including an accounting of the volumes of hazardous wastes
produced in the county, by type of waste, and estimates of the
expected rates of hazardous waste production until 1994, by type of
waste.
(2) A description of the existing hazardous waste facilities which
treat, handle, recycle, and dispose of the hazardous wastes produced
in the county, including a determination of the existing capacity of
each facility.
(3) An analysis of the potential in the county for recycling
hazardous waste and for reducing the volume and hazard of hazardous
waste at the source of generation.
(4) A consideration of the need to manage the small volumes of
hazardous waste produced by businesses and households.
(5) A determination of the need for additional hazardous waste
facilities to properly manage the volumes of hazardous wastes
currently produced or that are expected to be produced during the
planning period.
(6) An identification of those hazardous waste facilities that can
be expanded to accommodate projected needs and an identification of
general areas for new hazardous waste facilities determined to be
needed. In lieu of this facility and area identification, the plan
may instead include siting criteria to be utilized in selecting sites
for new hazardous waste facilities. If siting criteria are included
in the county hazardous waste management plan, the plan shall also
designate general areas where the criteria might be applicable.
(7) A statement of goals, objectives, and policies for the siting
of hazardous waste facilities and the general management of hazardous
wastes through the year 2000.
(8) A schedule which describes county and city actions necessary
to implement the hazardous waste management plan through the year
2000, including the assigning of dates for carrying out the actions.
(e) In addition to the elements of the plan required by
subdivision (d), a county may include a description of any additional
local programs which the county determines to be necessary to
provide for the proper management of hazardous wastes produced in the
county. These programs may include, but are not limited to, public
education, enforcement, surveillance, transportation, and
administration.
(f) The inclusion of an element in a county hazardous waste
management plan pursuant to subdivision (d) or (e) does not authorize
the county to adopt a program which the county is not otherwise
authorized to adopt under any other provision of law.
25135.2. (a) Each county shall establish an advisory committee of
at least seven members to assist the county in the preparation and
administration of the county hazardous waste management plan. The
board of supervisors of the county shall appoint the members who are
not city representatives to the advisory committee, including at
least one representative of industry, one representative of an
environmental organization, and one representative of the public. The
advisory committee shall also consist of at least three members to
represent cities appointed by the city selection committee specified
in Article 11 (commencing with Section 50270) of Chapter 1 of Part 1
of Division 1 of Title 5 of the Government Code. The board of
supervisors shall, to the extent possible, appoint other members that
have expertise concerning aspects of hazardous waste management
planning, including, but not limited to, engineering, geology, and
water quality.
(b) The advisory committee shall do all of the following:
(1) Advise the county staff, the board of supervisors of the
county, and the staff, mayors, and council members of the cities
within the county, on issues related to the development, approval,
and administration of the county hazardous waste management plan.
(2) Hold informal public meetings and workshops to provide the
public with information, and to receive comments, during the
preparation of the county hazardous waste management plan.
(c) If a city or group of cities are preparing the county
hazardous waste management plan pursuant to subdivision (c) of
Section 25135.1, the city or cities shall establish the advisory
committee, using the qualifications and representation specified in
subdivision (a).
25135.3. The Association of Bay Area Governments, the Southern
California Association of Governments, the Sacramento Area Council of
Governments, and the Association of Monterey Bay Area Governments
may, at the discretion of their governing boards, prepare a regional
hazardous waste management plan to serve as a resource document and
to identify hazardous waste management issues, needs, and solutions
at the regional level. A council of governments specified in this
subdivision shall include in the regional plan additional counties
affected by the regional plan, at the request of the councils of
governments for those counties. A council of governments shall
prepare the regional plan pursuant to the following procedure:
(a) A council of governments specified in this subdivision may
apply to the department for funding pursuant to paragraph (3) of
subdivision (b) of Section 25135.8.
(b) On or before December 31, 1987, a council of governments which
receives funding from the department shall prepare a draft regional
hazardous waste management plan and submit the draft plan to the
department. If a council of governments shows the department that it
has made substantial compliance towards completing the draft regional
hazardous waste management plan and needs additional time to
complete the draft regional plan, the department may extend, to March
31, 1988, the date by which the draft regional plan is required to
be submitted. The council of governments shall involve the public
with the preparation of the draft plan, to the fullest extent
possible, by public hearings, informational meetings, and other
appropriate forums that offer the public the opportunity to respond
to clearly defined alternative objectives, policies, and actions.
(c) From January 1, 1988, to March 31, 1988, or, if the department
has given the council of governments a time extension pursuant to
subdivision (b), on or before June 30, 1988, the council of
governments shall conduct hearings on the draft regional hazardous
waste management plan, in the number determined appropriate by the
council of governments. The council of governments shall provide
affected local jurisdictions, the public, industry, business
organizations, and the hazardous waste management industry with a
full opportunity to comment orally and in writing on the draft plan.
(d) On or before March 31, 1988, or, if the department has given
the council of governments a time extension pursuant to subdivision
(b), on or before June 30, 1988, the department shall review the
draft plan, and provide the council of governments with comments on
the draft plan.
(e) After conducting the review and comment period required by
subdivision (c), the council of governments shall revise, as
appropriate, the draft regional hazardous waste management plan.
(f) On or before September 30, 1988, or, on or before January 31,
1989, if the council of governments is given a time extension
pursuant to subdivision (g), the council of governments shall
complete and adopt the plan.
(g) On or before October 1, 1988, the council of governments shall
submit the final regional hazardous waste management plan adopted by
its governing board to the department for review and approval. If a
council of governments shows the department that the council of
governments has made substantial progress towards completing the
regional hazardous waste management plan and needs more time to
complete the plan, the department may extend this date to September
1, 1989. The department shall approve the regional plan if the
department determines that all of the following requirements are met:
(1) The regional plan is consistent with the guidelines for the
preparation of regional hazardous waste management plans adopted by
the department.
(2) The regional plan applies the methods, techniques, and
policies established by the department to analyze the waste stream
and to determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste produced within the region.
(h) Throughout the process of preparing a regional hazardous waste
management plan, a council of governments shall cooperate and
consult with representatives and staff of affected counties and
cities.
(i) Notwithstanding subdivisions (a) to (h), inclusive, of this
section, if, pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, a joint powers
agreement provides for the creation of the Southern California
Hazardous Waste Management Authority, the Southern California
Association of Governments shall, if it has elected to prepare a
regional hazardous waste management plan pursuant to this section,
transfer the responsibility for preparing the regional hazardous
waste management plan and all funds received pursuant to subdivision
(b) of Section 25135.8 to the authority, if the governing board of
the authority requests the transfer by the adoption of a resolution.
If the transfer takes place, the authority shall comply with this
section in the same manner as this section applies to the
association. If the transfer of responsibility and funds authorized
by this subdivision takes place and the authority is dissolved at any
time before the regional hazardous waste management plan is approved
by the department, the association shall prepare the regional
hazardous waste management plan and any remaining funds received
pursuant to subdivision (b) of Section 25135.8 shall be transferred
back to the association.
25135.4. (a) No person shall establish or expand an offsite
facility, unless the legislative body of the city or county in which
the new offsite facility, or the expansion of an existing offsite
facility, is proposed makes a determination that the facility or
expansion is consistent with the county hazardous waste management
plan.
(b) This section applies only to proposed new offsite facilities,
or expansions of existing offsite facilities, if an approval action
pursuant to Title 7 (commencing with Section 65000) of the Government
Code is necessary.
(c) This section does not apply to cities or counties which do not
have an approved county hazardous waste management plan.
25135.5. (a) The department shall, pursuant to this section,
provide direction and technical data to counties and regional
councils of governments to assist them in preparing planning
documents for the management of hazardous wastes produced within
their jurisdictions.
(b) The department shall do all of the following:
(1) On or before June 30, 1987, after conducting a workshop with
county and city government officials and industry and environmental
representatives, prepare and transmit to counties and regional
councils of governments guidelines for the preparation and adoption
of county and regional hazardous waste management plans. Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code does not apply to the preparation and
transmittal of these guidelines. The guidelines shall include, but
are not limited to, all of the following:
(A) A listing of types or categories of hazardous wastes that can
be used in characterizing the hazardous waste stream in each county
or region.
(B) Methods for determining the capacity of the hazardous waste
facilities that currently manage the hazardous wastes in the county
or region and for assessing the capacity of these hazardous waste
facilities to manage these hazardous wastes in the future.
(C) Methods for assessing the need to establish new, or expand
existing, capacity for the management of hazardous wastes produced in
each county or region.
(D) Methods for estimating the amounts of hazardous waste produced
by small businesses and households.
(2) On or before June 30, 1987, provide to each county and
regional council of governments, all of the following information:
(A) Available data on the types and quantities of hazardous wastes
produced in the county or region. The department shall inform the
counties and regional councils of governments of the strengths and
limitations of the data.
(B) A listing of the hazardous waste facilities that have received
hazardous waste facilities permits or grants of interim status in
each county or region. The listing shall specify whether the
facilities are onsite or offsite facilities and whether the
facilities are used for the storage, treatment, transfer, recycling,
or disposal of hazardous waste.
(C) A listing of producers of hazardous wastes known to the
department in the county or region.
(D) An assessment of overall needed capacities for treating and
disposing of hazardous wastes at the state and regional levels
through the year 1994.
(E) A description of state policies and programs concerning the
management of hazardous waste, including, but not limited to, the
policies and programs for recycling various types of hazardous
wastes, requiring the treatment of particular types of hazardous
wastes, restricting the disposal to land of particular types or
categories of hazardous wastes, encouraging the reduction of the
amounts of hazardous waste produced at the source of production, and
any other policies and programs that affect the need for additional
management capacity in various types of hazardous waste facilities.
(F) An assessment of the potential for recycling, or reducing the
volume of, various types of hazardous wastes in various classes of
industry.
25135.6. (a) A county shall prepare, review, and adopt the county
hazardous waste management plan pursuant to the schedule specified in
this section.
(b) On or before December 31, 1987, each county, with the
cooperation of affected local jurisdictions and the advisory
committee established pursuant to Section 25135.2, shall prepare a
draft county hazardous waste management plan and submit the draft
plan to the department. If a county shows to the department that the
county has made substantial compliance towards completing the draft
county hazardous waste management plan and needs additional time to
complete the draft plan, the department may extend to March 31, 1988,
the date by which the draft plan is required to be submitted. The
county shall involve the public with the preparation of the draft
plan, to the fullest extent possible, by public hearings,
informational meetings, and other appropriate forums that offer the
public the opportunity to respond to clearly defined alternative
objectives, policies, and actions.
(c) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the county shall conduct hearings on the draft county
hazardous waste management plan, in the number determined
appropriate by the county. The county shall provide affected local
jurisdictions, the public, industry, business organizations, and the
hazardous waste management industry with the full opportunity to
comment orally and in writing on the draft county hazardous waste
management plan.
(d) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the department shall review the draft plan, and
provide each county with comments which specify the changes or
additions which are required to be made to the draft plan to result
in a final plan which can be approved by the department pursuant to
Section 25135.7.
(e) After conducting the review and comment period required by
subdivision (c), each county shall revise, as appropriate, the draft
county hazardous waste management plan.
(f) The revised county hazardous waste management plan shall be
approved by a majority of the cities within the county which contain
a majority of the population of the incorporated area of the county,
subject to subdivision (g).
(g) The revised county hazardous waste management plan shall be
submitted to each city within the county for their approval. Each
city shall act upon the revised county hazardous waste management
plan within 90 days after the city has received the plan. If a city
fails to act upon the plan within 90 days of receiving the plan, the
city shall be deemed to have approved the plan as submitted.
(h) On or before September 30, 1988, or, on or before May 31,
1989, if the county is given an extension pursuant to subdivision (a)
of Section 25135.7, the county shall adopt the revised county
hazardous waste management plan as the final county hazardous waste
management plan. If the county is given an additional time extension
to September 1, 1989, pursuant to subdivision (a) of Section 25135.
7, the county shall adopt the revised county hazardous waste
management plan as the final county hazardous waste management plan
by August 31, 1989.
25135.7. (a) A county shall submit the final county hazardous waste
management plan adopted by the county to the department for review
and approval on or before October 1, 1988. If a county shows the
department that the county has made substantial progress towards
completing the county hazardous waste management plan and needs more
time to complete the plan, the department may extend this date to
June 1, 1989. If the department sends comments on the draft county
hazardous waste management plan to a county after June 30, 1988, the
department may extend the due date for submittal of the final county
hazardous waste management plan for that county to September 1, 1989.
The department shall, on or before December 31, 1988, or on or
before November 30, 1989, if the county is given a time extension,
review and either approve or disapprove the county hazardous waste
management plan. If an additional time extension is given to
September 1, 1989, pursuant to this subdivision, the department shall
review and either approve or disapprove the county hazardous waste
management plan on or before February 28, 1990. The department shall
approve the county hazardous waste management plan if the department
makes all of the following determinations:
(1) The plan substantially complies with the guidelines for the
preparation of hazardous waste management plans adopted by the
department.
(2) The plan applies the methods, techniques, and policies
established by the department to analyze the waste stream and to
determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste generated within the county.
(3) If the plan contains a determination pursuant to paragraph (5)
of subdivision (d) of Section 25135.1 that there is a need for
additional or expanded hazardous waste facilities, the plan proposes
general areas, or, as determined appropriate by the county, proposes
specific sites which may be suitable locations for a facility.
However, if the plan instead contains siting criteria for selecting
sites for new hazardous waste facilities, the plan shall propose
general areas where the criteria might be applicable.
(4) If the county preparing the plan has entered into a formal
agreement with other counties to manage hazardous waste, the
agreement is documented.
(b) Within 180 days after the department approves a county
hazardous waste management plan, the county shall either incorporate
the applicable portions of the plan, by reference, into the county's
general plan, or enact an ordinance which requires that all
applicable zoning, subdivision, conditional use permit, and variance
decisions are consistent with the portions of the county hazardous
waste management plan which identify specific sites or siting
criteria for hazardous waste facilities.
(c) Within 180 days after receiving written notification from the
county that the county hazardous waste management plan has been
approved, each city within that county shall do one of the following:
(1) Adopt a city hazardous waste management plan containing all of
the elements required by subdivision (d) of Section 25135.1 which
shall be consistent with the approved county hazardous waste
management plan.
(2) Incorporate the applicable portions of the approved county
plan, by reference, into the city's general plan.
(3) Enact an ordinance which requires that all applicable zoning,
subdivision, conditional use permit, and variance decisions are
consistent with the portions of the approved county plan which
identify general areas or siting criteria for hazardous waste
facilities.
(d) This section does not limit the authority of any city to
attach appropriate conditions to the issuance of any land use
approval for a hazardous waste facility in order to protect the
public health, safety, or welfare, and does not limit the authority
of a city to establish more stringent planning requirements or siting
criteria than those specified in the county hazardous waste
management plan.
(e) Any amendment to an adopted county hazardous waste management
plan requires the approval of the department, the county, and a
majority of the cities within the county which contain a majority of
the population of the incorporated area of the county.
25135.7.5. (a) If the department disapproves a county hazardous
waste management plan pursuant to subdivision (a) of Section 25135.7,
or a regional hazardous waste management plan pursuant to Section
25135.3, the department shall provide the county or regional council
of governments, in writing and at the time of disapproval, with a
detailed description of its reasons for disapproval of the plan. A
county or regional council of governments with a disapproved
hazardous waste management plan may submit a revised plan to the
department one time only. A revised county or regional hazardous
waste management plan shall be submitted to the department within 270
days of the effective date of the act adding this section, or within
270 days of plan disapproval if the plan is disapproved by the
department after the effective date of the act adding this section. A
county or regional council of governments shall notify the
department of their intent to revise and resubmit a disapproved plan
within 45 days of the effective date of the act adding this section,
or within 45 days of plan disapproval, if the plan is disapproved
after the effective date of the act adding this section. A
resubmitted county or regional plan shall contain detailed responses
to all of the reasons for disapproval of the plan described by the
department. The department shall provide counties with informational
guidelines on developing an approvable plan.
(b) Before submitting a revised county hazardous waste management
plan to the department pursuant to this section, the revised plan
shall be approved by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county, as specified in subdivisions (f) and (g) of Section 25135.6.
A city which fails to act upon a county plan revised pursuant to
this section within 90 days after the plan has been submitted to the
city by the county shall be deemed to have approved the revised plan.
(c) The department shall review and either approve or disapprove a
county or regional hazardous waste management plan revised pursuant
to subdivision (a) within 180 days of receiving the revised plan.
(1) The department shall approve a revised county hazardous waste
management plan if the department makes all of the determinations in
paragraphs (1), (2), (3), and (4) of subdivision (a) of Section
25135.7. If the department approves a revised county hazardous waste
management plan pursuant to this section, the county shall comply
with subdivision (b) of Section 25135.7, and each city within that
county shall comply with subdivision (c) of Section 25135.7.
(2) The department shall approve a revised regional hazardous
waste management plan if the department makes all of the
determinations in subdivision (g) of Section 25135.3.
(d) A county which did not submit its plan to the department
within the due dates for plan submittal established by subdivision
(a) of Section 25135.7, or a county whose plan was not formally acted
upon by the department by the February 28, 1990, deadline, may
submit their plan to the department for review and approval or
disapproval pursuant to the provisions governing the resubmittal of
revised plans established by this section.
(e) A council of governments which did not submit its plan to the
department within the due dates for plan submittal established by
Section 25135.3, or whose plan has not been formally acted upon by
the department, may submit their plan to the department for review
and approval or disapproval pursuant to the provisions governing the
resubmittal of revised plans established by this section.
25135.8. Notwithstanding Section 25135.7.5, the review and approval
of county hazardous waste management plans for counties within the
Association of Bay Area Governments region shall be governed in the
following manner:
(a) Each county within the Association of Bay Area Governments
region with an unapproved county hazardous waste management plan may
submit the final plan adopted by the county to the department for
review and approval or disapproval on or before January 15, 1994.
(b) Each county within the Association of Bay Area Governments
region which submitted a final plan adopted by the county to the
department after June 24, 1991, and prior to January 1, 1994, shall
be considered to have met the condition of subdivision (a) with
regard to the timely submission of county plans.
(c) The department shall, on or before July 1, 1994, review and
either approve or disapprove the county hazardous waste management
plans of the counties within the Association of Bay Area Governments
region. The department shall approve the county hazardous waste
management plan if the department makes all the determinations
specified in paragraphs (1) to (4), inclusive, of subdivision (a) of
Section 25135.7.
25135.9. (a) The department shall, pursuant to this section and
subdivision (c) of Section 25170, prepare and adopt a state hazardous
waste management plan. The state hazardous waste management plan
shall serve as a comprehensive planning document for the state and
shall be prepared as a useful informational source for the public,
local government, and regional councils of government. The state
hazardous waste management plan shall be prepared in conjunction
with, and shall take into account, hazardous waste management plans
adopted by counties and regional councils of governments.
(b) The state hazardous waste management plan shall be prepared
and adopted by the department on or before November 30, 1991, shall
be reviewed annually, and shall be revised to reflect new information
at least once every three years.
(c) In preparing and adopting the state hazardous waste management
plan, and in revising the plan thereafter, the department shall do
all of the following:
(1) Publish the draft plan or the revised plan and make it
available to the public for review and comment at least three months
before final adoption.
(2) Conduct workshops and at least two public hearings on the plan
or the draft revised plan, one in the southern part of the state and
one in the northern part of the state, to solicit the views of the
public, local government, regional councils of governments, and
interested parties.
(3) Include in the final state hazardous waste management plan and
in revisions of the plan, a summary of the comments received and the
department's responses to those comments.
(d) The state hazardous waste management plan, and each revision
of the plan, shall include, but need not be limited to, all of the
following elements:
(1) An analysis of the hazardous waste streams produced in the
state, an accounting of the volumes of hazardous waste produced in
each county and region of the state, by type of waste, and estimates
of the expected rates of hazardous waste production, by type of
waste, during the next five years.
(2) An inventory of existing and planned hazardous waste
facilities which handle, treat, recycle, dispose, or otherwise manage
hazardous wastes produced in the state. The inventory shall include
a description of the facilities, a determination of the capacity of
each existing or planned facility to handle, treat, recycle, dispose,
or otherwise manage the waste streams it is authorized to handle,
treat, recycle, dispose, or otherwise manage, and a description of
the current progress and status of each planned facility in achieving
operational status, including a timetable for becoming operational.
(3) An assessment of the need for additional hazardous waste
facilities to manage the volumes of hazardous waste currently
produced or which are expected to be produced during the next 20
years.
(4) An identification of the areas or regions of the state where
new or expanded capacity to manage hazardous wastes are needed and
the types of facilities that should be sited and constructed.
(5) A description of the policies, programs, incentives,
requirements, prohibitions, or other measures which, if implemented,
would reduce or eliminate the need for new or expanded facilities.
(6) A statement of goals, objectives, and policies currently in
effect, or in the process of development, for the siting of hazardous
waste facilities and the management of hazardous wastes during the
next five years.
(7) A schedule of recommended actions, including specific dates,
for carrying out state, regional, and local actions to implement the
state hazardous waste management plan.
25135. (a) The Legislature finds and declares as follows:
(1) An effective planning process involving public and private
sector participation exists at the county level for establishing new,
or expanding existing, solid waste facilities, but an equivalent
process has not been established at the local level to plan for the
management of hazardous wastes.
(2) Counties are presently required to prepare solid waste
management plans for all waste disposal within each county and for
all waste originating in each county. While the department has
requested that counties include in their solid waste management plans
a hazardous waste management element, there is not presently a clear
mandate that they do so.
(3) Hazardous waste management planning at the local level has
been hampered because the department has not provided the counties
with adequate and comprehensive planning guidelines, there is a lack
of accurate data on hazardous waste generation, handling, and
disposal practices, adequate funding has not been available, and
local expertise in hazardous waste planning has not been developed.
(4) The failure to plan for the safe and effective management of
hazardous wastes has contributed to the public's general uncertainty
in viewing proposals to site hazardous waste facilities at various
locations throughout the state. Because advance planning has not
taken place, local governments are not prepared to consider siting
proposals and the public has not received adequate answers to
questions concerning the need for proposed facilities.
(5) Safe and responsible management of hazardous wastes is one of
the most important environmental problems facing the state at the
present time. It is critical to the protection of the public health
and the environment, and to the economic growth of the state. If
environmentally sound hazardous waste facilities are not available to
effectively manage the hazardous wastes produced by the many
industries of the state, economic activity will be hampered and the
economy cannot prosper.
(b) The Legislature, therefore, declares that it is in the public
interest to establish an effective process for hazardous waste
management planning at the local level. This process is consistent
with the responsibility of local governments to assure that adequate
treatment and disposal capacity is available to manage the hazardous
wastes generated within their jurisdictions.
(c) It is the intent of the Legislature that the hazardous waste
management plans prepared pursuant to this article serve as the
primary planning document for hazardous waste management at the local
level; that the plans be integrated with other local land use
planning activities to ensure that suitable locations are available
for needed hazardous waste facilities; that land uses adjacent to, or
near, hazardous waste facilities, or proposed sites for these
facilities, are compatible with their operation; and that the plans
are prepared with the full and meaningful involvement of the public,
environmental groups, civic associations, generators of hazardous
wastes, and the hazardous waste management industry.
(d) It is further the intent of the Legislature, in enacting this
article, to define the respective responsibilities of state and local
governments in hazardous waste management planning; to establish a
comprehensive planning process in which state and local government,
the public, and industry jointly develop safe and effective solutions
for the management and disposal of hazardous wastes; to ensure that
local governments are assisted adequately by the state in carrying
out their responsibilities; and to provide funding for local-level
planning.
25135.1. (a) For purposes of this article, and unless the context
indicates otherwise, "county" means a county that notifies the
department that it will prepare a county hazardous waste management
plan in accordance with this article and receives a grant pursuant to
Section 25135.8. "County" also means any city, or two or more cities
within a county acting jointly, which notifies the department that
it will prepare a county hazardous waste management plan in
accordance with subdivision (c).
(b) A county may, at its discretion, and after notification to the
department, prepare a county hazardous waste management plan for the
management of all hazardous waste produced in the county. A county
hazardous waste management plan prepared pursuant to this article
shall serve in lieu of the hazardous waste portion of the county
solid waste plan provided for in Article 2 (commencing with Section
66780) of Chapter 2 of Title 7.3 of the Government Code. The county
hazardous waste management plan shall be prepared in cooperation with
the affected cities in the county and the advisory committee
appointed pursuant to Section 25135.2, in accordance with the
guidelines adopted by the department pursuant to Section 25135.5, and
in accordance with the schedule specified in Section 25135.6.
(c) On or before March 31, 1987, every county shall notify the
department and the cities within the county whether the county has
elected to prepare a county hazardous waste management plan pursuant
to this article. A city, or two or more cities acting jointly,
located within a county which elects not to prepare a county
hazardous waste management plan or which fails to make an election,
on or before March 31, 1987, to prepare a plan, may, at the city's or
cities' discretion, elect to undertake the preparation of the plan.
The city or cities shall be deemed to be acting in place of the
county for purposes of this article and may apply for funding to pay
the cost of preparing the plan pursuant to subdivision (c) of Section
25135.8. However, the city or cities may not receive funding
pursuant to subdivision (c) of Section 25135.8, unless the proposal
to prepare a county hazardous waste management plan by the city or
cities is approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area
of the county and the proposal is received by the department on or
before June 30, 1987.
(d) The county hazardous waste management plan authorized by
subdivision (b) or (c) shall serve as the primary planning document
for hazardous waste management in the county and shall be prepared as
a useful informational source for local government and the public.
The plan shall include, but is not limited to, all of the following
elements:
(1) An analysis of the hazardous waste stream generated in the
county, including an accounting of the volumes of hazardous wastes
produced in the county, by type of waste, and estimates of the
expected rates of hazardous waste production until 1994, by type of
waste.
(2) A description of the existing hazardous waste facilities which
treat, handle, recycle, and dispose of the hazardous wastes produced
in the county, including a determination of the existing capacity of
each facility.
(3) An analysis of the potential in the county for recycling
hazardous waste and for reducing the volume and hazard of hazardous
waste at the source of generation.
(4) A consideration of the need to manage the small volumes of
hazardous waste produced by businesses and households.
(5) A determination of the need for additional hazardous waste
facilities to properly manage the volumes of hazardous wastes
currently produced or that are expected to be produced during the
planning period.
(6) An identification of those hazardous waste facilities that can
be expanded to accommodate projected needs and an identification of
general areas for new hazardous waste facilities determined to be
needed. In lieu of this facility and area identification, the plan
may instead include siting criteria to be utilized in selecting sites
for new hazardous waste facilities. If siting criteria are included
in the county hazardous waste management plan, the plan shall also
designate general areas where the criteria might be applicable.
(7) A statement of goals, objectives, and policies for the siting
of hazardous waste facilities and the general management of hazardous
wastes through the year 2000.
(8) A schedule which describes county and city actions necessary
to implement the hazardous waste management plan through the year
2000, including the assigning of dates for carrying out the actions.
(e) In addition to the elements of the plan required by
subdivision (d), a county may include a description of any additional
local programs which the county determines to be necessary to
provide for the proper management of hazardous wastes produced in the
county. These programs may include, but are not limited to, public
education, enforcement, surveillance, transportation, and
administration.
(f) The inclusion of an element in a county hazardous waste
management plan pursuant to subdivision (d) or (e) does not authorize
the county to adopt a program which the county is not otherwise
authorized to adopt under any other provision of law.
25135.2. (a) Each county shall establish an advisory committee of
at least seven members to assist the county in the preparation and
administration of the county hazardous waste management plan. The
board of supervisors of the county shall appoint the members who are
not city representatives to the advisory committee, including at
least one representative of industry, one representative of an
environmental organization, and one representative of the public. The
advisory committee shall also consist of at least three members to
represent cities appointed by the city selection committee specified
in Article 11 (commencing with Section 50270) of Chapter 1 of Part 1
of Division 1 of Title 5 of the Government Code. The board of
supervisors shall, to the extent possible, appoint other members that
have expertise concerning aspects of hazardous waste management
planning, including, but not limited to, engineering, geology, and
water quality.
(b) The advisory committee shall do all of the following:
(1) Advise the county staff, the board of supervisors of the
county, and the staff, mayors, and council members of the cities
within the county, on issues related to the development, approval,
and administration of the county hazardous waste management plan.
(2) Hold informal public meetings and workshops to provide the
public with information, and to receive comments, during the
preparation of the county hazardous waste management plan.
(c) If a city or group of cities are preparing the county
hazardous waste management plan pursuant to subdivision (c) of
Section 25135.1, the city or cities shall establish the advisory
committee, using the qualifications and representation specified in
subdivision (a).
25135.3. The Association of Bay Area Governments, the Southern
California Association of Governments, the Sacramento Area Council of
Governments, and the Association of Monterey Bay Area Governments
may, at the discretion of their governing boards, prepare a regional
hazardous waste management plan to serve as a resource document and
to identify hazardous waste management issues, needs, and solutions
at the regional level. A council of governments specified in this
subdivision shall include in the regional plan additional counties
affected by the regional plan, at the request of the councils of
governments for those counties. A council of governments shall
prepare the regional plan pursuant to the following procedure:
(a) A council of governments specified in this subdivision may
apply to the department for funding pursuant to paragraph (3) of
subdivision (b) of Section 25135.8.
(b) On or before December 31, 1987, a council of governments which
receives funding from the department shall prepare a draft regional
hazardous waste management plan and submit the draft plan to the
department. If a council of governments shows the department that it
has made substantial compliance towards completing the draft regional
hazardous waste management plan and needs additional time to
complete the draft regional plan, the department may extend, to March
31, 1988, the date by which the draft regional plan is required to
be submitted. The council of governments shall involve the public
with the preparation of the draft plan, to the fullest extent
possible, by public hearings, informational meetings, and other
appropriate forums that offer the public the opportunity to respond
to clearly defined alternative objectives, policies, and actions.
(c) From January 1, 1988, to March 31, 1988, or, if the department
has given the council of governments a time extension pursuant to
subdivision (b), on or before June 30, 1988, the council of
governments shall conduct hearings on the draft regional hazardous
waste management plan, in the number determined appropriate by the
council of governments. The council of governments shall provide
affected local jurisdictions, the public, industry, business
organizations, and the hazardous waste management industry with a
full opportunity to comment orally and in writing on the draft plan.
(d) On or before March 31, 1988, or, if the department has given
the council of governments a time extension pursuant to subdivision
(b), on or before June 30, 1988, the department shall review the
draft plan, and provide the council of governments with comments on
the draft plan.
(e) After conducting the review and comment period required by
subdivision (c), the council of governments shall revise, as
appropriate, the draft regional hazardous waste management plan.
(f) On or before September 30, 1988, or, on or before January 31,
1989, if the council of governments is given a time extension
pursuant to subdivision (g), the council of governments shall
complete and adopt the plan.
(g) On or before October 1, 1988, the council of governments shall
submit the final regional hazardous waste management plan adopted by
its governing board to the department for review and approval. If a
council of governments shows the department that the council of
governments has made substantial progress towards completing the
regional hazardous waste management plan and needs more time to
complete the plan, the department may extend this date to September
1, 1989. The department shall approve the regional plan if the
department determines that all of the following requirements are met:
(1) The regional plan is consistent with the guidelines for the
preparation of regional hazardous waste management plans adopted by
the department.
(2) The regional plan applies the methods, techniques, and
policies established by the department to analyze the waste stream
and to determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste produced within the region.
(h) Throughout the process of preparing a regional hazardous waste
management plan, a council of governments shall cooperate and
consult with representatives and staff of affected counties and
cities.
(i) Notwithstanding subdivisions (a) to (h), inclusive, of this
section, if, pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, a joint powers
agreement provides for the creation of the Southern California
Hazardous Waste Management Authority, the Southern California
Association of Governments shall, if it has elected to prepare a
regional hazardous waste management plan pursuant to this section,
transfer the responsibility for preparing the regional hazardous
waste management plan and all funds received pursuant to subdivision
(b) of Section 25135.8 to the authority, if the governing board of
the authority requests the transfer by the adoption of a resolution.
If the transfer takes place, the authority shall comply with this
section in the same manner as this section applies to the
association. If the transfer of responsibility and funds authorized
by this subdivision takes place and the authority is dissolved at any
time before the regional hazardous waste management plan is approved
by the department, the association shall prepare the regional
hazardous waste management plan and any remaining funds received
pursuant to subdivision (b) of Section 25135.8 shall be transferred
back to the association.
25135.4. (a) No person shall establish or expand an offsite
facility, unless the legislative body of the city or county in which
the new offsite facility, or the expansion of an existing offsite
facility, is proposed makes a determination that the facility or
expansion is consistent with the county hazardous waste management
plan.
(b) This section applies only to proposed new offsite facilities,
or expansions of existing offsite facilities, if an approval action
pursuant to Title 7 (commencing with Section 65000) of the Government
Code is necessary.
(c) This section does not apply to cities or counties which do not
have an approved county hazardous waste management plan.
25135.5. (a) The department shall, pursuant to this section,
provide direction and technical data to counties and regional
councils of governments to assist them in preparing planning
documents for the management of hazardous wastes produced within
their jurisdictions.
(b) The department shall do all of the following:
(1) On or before June 30, 1987, after conducting a workshop with
county and city government officials and industry and environmental
representatives, prepare and transmit to counties and regional
councils of governments guidelines for the preparation and adoption
of county and regional hazardous waste management plans. Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code does not apply to the preparation and
transmittal of these guidelines. The guidelines shall include, but
are not limited to, all of the following:
(A) A listing of types or categories of hazardous wastes that can
be used in characterizing the hazardous waste stream in each county
or region.
(B) Methods for determining the capacity of the hazardous waste
facilities that currently manage the hazardous wastes in the county
or region and for assessing the capacity of these hazardous waste
facilities to manage these hazardous wastes in the future.
(C) Methods for assessing the need to establish new, or expand
existing, capacity for the management of hazardous wastes produced in
each county or region.
(D) Methods for estimating the amounts of hazardous waste produced
by small businesses and households.
(2) On or before June 30, 1987, provide to each county and
regional council of governments, all of the following information:
(A) Available data on the types and quantities of hazardous wastes
produced in the county or region. The department shall inform the
counties and regional councils of governments of the strengths and
limitations of the data.
(B) A listing of the hazardous waste facilities that have received
hazardous waste facilities permits or grants of interim status in
each county or region. The listing shall specify whether the
facilities are onsite or offsite facilities and whether the
facilities are used for the storage, treatment, transfer, recycling,
or disposal of hazardous waste.
(C) A listing of producers of hazardous wastes known to the
department in the county or region.
(D) An assessment of overall needed capacities for treating and
disposing of hazardous wastes at the state and regional levels
through the year 1994.
(E) A description of state policies and programs concerning the
management of hazardous waste, including, but not limited to, the
policies and programs for recycling various types of hazardous
wastes, requiring the treatment of particular types of hazardous
wastes, restricting the disposal to land of particular types or
categories of hazardous wastes, encouraging the reduction of the
amounts of hazardous waste produced at the source of production, and
any other policies and programs that affect the need for additional
management capacity in various types of hazardous waste facilities.
(F) An assessment of the potential for recycling, or reducing the
volume of, various types of hazardous wastes in various classes of
industry.
25135.6. (a) A county shall prepare, review, and adopt the county
hazardous waste management plan pursuant to the schedule specified in
this section.
(b) On or before December 31, 1987, each county, with the
cooperation of affected local jurisdictions and the advisory
committee established pursuant to Section 25135.2, shall prepare a
draft county hazardous waste management plan and submit the draft
plan to the department. If a county shows to the department that the
county has made substantial compliance towards completing the draft
county hazardous waste management plan and needs additional time to
complete the draft plan, the department may extend to March 31, 1988,
the date by which the draft plan is required to be submitted. The
county shall involve the public with the preparation of the draft
plan, to the fullest extent possible, by public hearings,
informational meetings, and other appropriate forums that offer the
public the opportunity to respond to clearly defined alternative
objectives, policies, and actions.
(c) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the county shall conduct hearings on the draft county
hazardous waste management plan, in the number determined
appropriate by the county. The county shall provide affected local
jurisdictions, the public, industry, business organizations, and the
hazardous waste management industry with the full opportunity to
comment orally and in writing on the draft county hazardous waste
management plan.
(d) On or before March 31, 1988, or, if the department has given
the county a time extension pursuant to subdivision (b), on or before
June 30, 1988, the department shall review the draft plan, and
provide each county with comments which specify the changes or
additions which are required to be made to the draft plan to result
in a final plan which can be approved by the department pursuant to
Section 25135.7.
(e) After conducting the review and comment period required by
subdivision (c), each county shall revise, as appropriate, the draft
county hazardous waste management plan.
(f) The revised county hazardous waste management plan shall be
approved by a majority of the cities within the county which contain
a majority of the population of the incorporated area of the county,
subject to subdivision (g).
(g) The revised county hazardous waste management plan shall be
submitted to each city within the county for their approval. Each
city shall act upon the revised county hazardous waste management
plan within 90 days after the city has received the plan. If a city
fails to act upon the plan within 90 days of receiving the plan, the
city shall be deemed to have approved the plan as submitted.
(h) On or before September 30, 1988, or, on or before May 31,
1989, if the county is given an extension pursuant to subdivision (a)
of Section 25135.7, the county shall adopt the revised county
hazardous waste management plan as the final county hazardous waste
management plan. If the county is given an additional time extension
to September 1, 1989, pursuant to subdivision (a) of Section 25135.
7, the county shall adopt the revised county hazardous waste
management plan as the final county hazardous waste management plan
by August 31, 1989.
25135.7. (a) A county shall submit the final county hazardous waste
management plan adopted by the county to the department for review
and approval on or before October 1, 1988. If a county shows the
department that the county has made substantial progress towards
completing the county hazardous waste management plan and needs more
time to complete the plan, the department may extend this date to
June 1, 1989. If the department sends comments on the draft county
hazardous waste management plan to a county after June 30, 1988, the
department may extend the due date for submittal of the final county
hazardous waste management plan for that county to September 1, 1989.
The department shall, on or before December 31, 1988, or on or
before November 30, 1989, if the county is given a time extension,
review and either approve or disapprove the county hazardous waste
management plan. If an additional time extension is given to
September 1, 1989, pursuant to this subdivision, the department shall
review and either approve or disapprove the county hazardous waste
management plan on or before February 28, 1990. The department shall
approve the county hazardous waste management plan if the department
makes all of the following determinations:
(1) The plan substantially complies with the guidelines for the
preparation of hazardous waste management plans adopted by the
department.
(2) The plan applies the methods, techniques, and policies
established by the department to analyze the waste stream and to
determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste generated within the county.
(3) If the plan contains a determination pursuant to paragraph (5)
of subdivision (d) of Section 25135.1 that there is a need for
additional or expanded hazardous waste facilities, the plan proposes
general areas, or, as determined appropriate by the county, proposes
specific sites which may be suitable locations for a facility.
However, if the plan instead contains siting criteria for selecting
sites for new hazardous waste facilities, the plan shall propose
general areas where the criteria might be applicable.
(4) If the county preparing the plan has entered into a formal
agreement with other counties to manage hazardous waste, the
agreement is documented.
(b) Within 180 days after the department approves a county
hazardous waste management plan, the county shall either incorporate
the applicable portions of the plan, by reference, into the county's
general plan, or enact an ordinance which requires that all
applicable zoning, subdivision, conditional use permit, and variance
decisions are consistent with the portions of the county hazardous
waste management plan which identify specific sites or siting
criteria for hazardous waste facilities.
(c) Within 180 days after receiving written notification from the
county that the county hazardous waste management plan has been
approved, each city within that county shall do one of the following:
(1) Adopt a city hazardous waste management plan containing all of
the elements required by subdivision (d) of Section 25135.1 which
shall be consistent with the approved county hazardous waste
management plan.
(2) Incorporate the applicable portions of the approved county
plan, by reference, into the city's general plan.
(3) Enact an ordinance which requires that all applicable zoning,
subdivision, conditional use permit, and variance decisions are
consistent with the portions of the approved county plan which
identify general areas or siting criteria for hazardous waste
facilities.
(d) This section does not limit the authority of any city to
attach appropriate conditions to the issuance of any land use
approval for a hazardous waste facility in order to protect the
public health, safety, or welfare, and does not limit the authority
of a city to establish more stringent planning requirements or siting
criteria than those specified in the county hazardous waste
management plan.
(e) Any amendment to an adopted county hazardous waste management
plan requires the approval of the department, the county, and a
majority of the cities within the county which contain a majority of
the population of the incorporated area of the county.
25135.7.5. (a) If the department disapproves a county hazardous
waste management plan pursuant to subdivision (a) of Section 25135.7,
or a regional hazardous waste management plan pursuant to Section
25135.3, the department shall provide the county or regional council
of governments, in writing and at the time of disapproval, with a
detailed description of its reasons for disapproval of the plan. A
county or regional council of governments with a disapproved
hazardous waste management plan may submit a revised plan to the
department one time only. A revised county or regional hazardous
waste management plan shall be submitted to the department within 270
days of the effective date of the act adding this section, or within
270 days of plan disapproval if the plan is disapproved by the
department after the effective date of the act adding this section. A
county or regional council of governments shall notify the
department of their intent to revise and resubmit a disapproved plan
within 45 days of the effective date of the act adding this section,
or within 45 days of plan disapproval, if the plan is disapproved
after the effective date of the act adding this section. A
resubmitted county or regional plan shall contain detailed responses
to all of the reasons for disapproval of the plan described by the
department. The department shall provide counties with informational
guidelines on developing an approvable plan.
(b) Before submitting a revised county hazardous waste management
plan to the department pursuant to this section, the revised plan
shall be approved by a majority of the cities within the county which
contain a majority of the population of the incorporated area of the
county, as specified in subdivisions (f) and (g) of Section 25135.6.
A city which fails to act upon a county plan revised pursuant to
this section within 90 days after the plan has been submitted to the
city by the county shall be deemed to have approved the revised plan.
(c) The department shall review and either approve or disapprove a
county or regional hazardous waste management plan revised pursuant
to subdivision (a) within 180 days of receiving the revised plan.
(1) The department shall approve a revised county hazardous waste
management plan if the department makes all of the determinations in
paragraphs (1), (2), (3), and (4) of subdivision (a) of Section
25135.7. If the department approves a revised county hazardous waste
management plan pursuant to this section, the county shall comply
with subdivision (b) of Section 25135.7, and each city within that
county shall comply with subdivision (c) of Section 25135.7.
(2) The department shall approve a revised regional hazardous
waste management plan if the department makes all of the
determinations in subdivision (g) of Section 25135.3.
(d) A county which did not submit its plan to the department
within the due dates for plan submittal established by subdivision
(a) of Section 25135.7, or a county whose plan was not formally acted
upon by the department by the February 28, 1990, deadline, may
submit their plan to the department for review and approval or
disapproval pursuant to the provisions governing the resubmittal of
revised plans established by this section.
(e) A council of governments which did not submit its plan to the
department within the due dates for plan submittal established by
Section 25135.3, or whose plan has not been formally acted upon by
the department, may submit their plan to the department for review
and approval or disapproval pursuant to the provisions governing the
resubmittal of revised plans established by this section.
25135.8. Notwithstanding Section 25135.7.5, the review and approval
of county hazardous waste management plans for counties within the
Association of Bay Area Governments region shall be governed in the
following manner:
(a) Each county within the Association of Bay Area Governments
region with an unapproved county hazardous waste management plan may
submit the final plan adopted by the county to the department for
review and approval or disapproval on or before January 15, 1994.
(b) Each county within the Association of Bay Area Governments
region which submitted a final plan adopted by the county to the
department after June 24, 1991, and prior to January 1, 1994, shall
be considered to have met the condition of subdivision (a) with
regard to the timely submission of county plans.
(c) The department shall, on or before July 1, 1994, review and
either approve or disapprove the county hazardous waste management
plans of the counties within the Association of Bay Area Governments
region. The department shall approve the county hazardous waste
management plan if the department makes all the determinations
specified in paragraphs (1) to (4), inclusive, of subdivision (a) of
Section 25135.7.
25135.9. (a) The department shall, pursuant to this section and
subdivision (c) of Section 25170, prepare and adopt a state hazardous
waste management plan. The state hazardous waste management plan
shall serve as a comprehensive planning document for the state and
shall be prepared as a useful informational source for the public,
local government, and regional councils of government. The state
hazardous waste management plan shall be prepared in conjunction
with, and shall take into account, hazardous waste management plans
adopted by counties and regional councils of governments.
(b) The state hazardous waste management plan shall be prepared
and adopted by the department on or before November 30, 1991, shall
be reviewed annually, and shall be revised to reflect new information
at least once every three years.
(c) In preparing and adopting the state hazardous waste management
plan, and in revising the plan thereafter, the department shall do
all of the following:
(1) Publish the draft plan or the revised plan and make it
available to the public for review and comment at least three months
before final adoption.
(2) Conduct workshops and at least two public hearings on the plan
or the draft revised plan, one in the southern part of the state and
one in the northern part of the state, to solicit the views of the
public, local government, regional councils of governments, and
interested parties.
(3) Include in the final state hazardous waste management plan and
in revisions of the plan, a summary of the comments received and the
department's responses to those comments.
(d) The state hazardous waste management plan, and each revision
of the plan, shall include, but need not be limited to, all of the
following elements:
(1) An analysis of the hazardous waste streams produced in the
state, an accounting of the volumes of hazardous waste produced in
each county and region of the state, by type of waste, and estimates
of the expected rates of hazardous waste production, by type of
waste, during the next five years.
(2) An inventory of existing and planned hazardous waste
facilities which handle, treat, recycle, dispose, or otherwise manage
hazardous wastes produced in the state. The inventory shall include
a description of the facilities, a determination of the capacity of
each existing or planned facility to handle, treat, recycle, dispose,
or otherwise manage the waste streams it is authorized to handle,
treat, recycle, dispose, or otherwise manage, and a description of
the current progress and status of each planned facility in achieving
operational status, including a timetable for becoming operational.
(3) An assessment of the need for additional hazardous waste
facilities to manage the volumes of hazardous waste currently
produced or which are expected to be produced during the next 20
years.
(4) An identification of the areas or regions of the state where
new or expanded capacity to manage hazardous wastes are needed and
the types of facilities that should be sited and constructed.
(5) A description of the policies, programs, incentives,
requirements, prohibitions, or other measures which, if implemented,
would reduce or eliminate the need for new or expanded facilities.
(6) A statement of goals, objectives, and policies currently in
effect, or in the process of development, for the siting of hazardous
waste facilities and the management of hazardous wastes during the
next five years.
(7) A schedule of recommended actions, including specific dates,
for carrying out state, regional, and local actions to implement the
state hazardous waste management plan.
