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HomeMy WebLinkAbout01/17/1989, 6 - CONSIDERATION OF FINAL DRAFT OF COUNTY HAZARDOUS WASTE MANAGEMENT PLAN (CHWMP) Date:' 1/17/89 city o� san-tui s OBISPO ITEM NU BER: COUNCIL AGENDA REPORT FROM Michael Dolder, Fire Chief SUBJECT:Consideration of Final Draft of County Hazardous Waste Management Plan (CHWMP) CAO RECOMMENDATION: A) By resolution, disapprove the County Hazardous Waste Management Plan (CHWMP). B) Following distribution of the certified EIR, reconsider approval or disapproval of the County Hazardous Waste Management Plan before 3/10/89. BACKGROUND: Assembly Bill 2948 sponsored by Sally Tanner was approved by the Governor on September 30, 1986. The law, commonly known as the Tanner Bill, was amended numerous times and authorizes a county in lieu of preparing the hazardous waste portion of the Solid Waste Management P1-n, to approve by February 1, 1989 a County Hazardous Waste Management Plan based on guidelines adopted by the Department of Health Services. The bill also provides that development project approval provisions apply to the making of land use decisions for a hazardous waste facility project which is not a land disposal facility. The Tanner Bill establishes a procedure for appealing local agency land use decisions concerning the siting, construction or expansion of an off-site hazardous waste facility serving more than one hazardous waste generator. Existing law requires the Coam,6 of San Luis Obispo to have the revised CHWMP approved by a majority of the cities within the County which contain a majority of the population of the incorporated lrea of the County before 2/1/89. If a city takes no action on the plan it is assumed ihat the plan is approved. The City of San Luis Obispo in May of 1988, reviewed the preliminary draft of the CHWMP. As a result of this review, numerous questions regarding the plan were forwarded to the Waste Management Commission for consideration in the revisions to the plan, Attachment #1. The final draft of the CHWMP was completed in November, 1988 and incorporated suggestions received from interested parties. A draft Environmental Impact Report on the CHWMP, dated October, 1988, was completed by Engineering Science in compliance with CEQA guidelines. The deadline for written comments on the EIR ended December 9, 1988. The final EIR will not be available until 2/7/89. The Board of Supervisors will certify the EIR shortly thereafter. The CEQA requirements and the time-line established by the Tanner Bill are in conflict. The Tanner Bill requires that cities and a county adopt the CHWMP by 2/1/89. Section 15096 of the CEQA guidelines requires responsible agencies to consider an environmental document when approving the plan. However, a certified EIR will not be available until after 2/7/89. Various time extensions have already been requested by the County; the last request was made Nov. 10, 1988, Attachment #2. In addition, Sally Tanner has introduced urgency legislation to extend the approval deadline until 5/1/89. Neither the County's request nor the legislation have been approved and the state deadline of 2/1/89 remains in affect. A comparison of state and county timelines are found in Table-1. 6 / m � i�lllllll�pa�°o����Il City O� San LUIS OBISPO MoGs COUNCIL AGENDA REPORT Table-1 Comparison of Approval Time Lines State County County Requirement Timeline #1 Timeline #2 Cities Receive Final CHWMP 10/15/88 to 11/17/88 11/17/88 to begin 90 day Review 11/1/88 and Approval Cities Complete 90 day 1/15-1/31/89 2/17/89 3/10/89 Review Period Board of Supervisors Approve 2/1/89 2/21/89 3/14/89 and Send Final CHWMP to DOHS Final EIK-Available 1/31/89 2/7/89 Board Certifies EIR 2/21/89 2/21/89 DOHS Approves or Denies CHWMP 7/31/89 7/31/89 7/31/89 Cities ind County Adonts 2/1/90 2/1/90 2/1/90 CHWMP (180 Days) County Hazardous Waste Management Plan: The complete Hazardous Waste Management Plan is divided into two parts; the plan itself and technical appendices. The executive summary of the plan, Attachment #3, covers the fifteen elements specified by the Tanner Bill. The elements of the plan are as follows: Introduction; Purpose, Goals and Objectives; Current Waste Generation; Projected Waste Generation; Treatment, Storage or Disposal Facility; Shortfalls; Facilities; Waste Reduction; Siting; Transportation Plan; Implementation; Emergency Response Procedures; Storage Regulations; Contaminated Sites; Small Quantity Generators; and Household Hazardous Waste. Rev Issues of the Plan: The fundamental policy of the plan (pg 3-4) is that new offsite hazardous waste management facilities will be limited to a scale necessary to meet the hazardous waste needs of this County; larger facilities may be permitted if agreements are made and the project meets local planning criteria and serves public needs. ��� ��►►►�NIfIiI�PA!��Ili city of San LUIS OBISpo Maiffs COUNCIL AGENDA REPORT This policy language, although not accepted y the Department ol Health Services, is consistent with the County Supervisor's Association of California (CSAC) position. If the Department of Health Services rejects the policy language it will be rejecting approximately 40 other County policies as well. A hierarchy for a preferred waste management system is established (pg 3-5) with source reduction being the most preferred and disposal facilities as the least preferred option. San Luis Obispo County does not generate sufficient hazardous waste to support one of the seven generalized treatment facilities (pg 7-9). A local, small-scale transfer station might operate as a collection center for route service haulers. The plan emphasizes waste reduction (Chapter 8, pg 8-1) and defines where we are and where we can expect to be in the future. The Tanner Bill requires siting guidelines be established for any of the hazardous waste facilities. The CHWMP Plan addresses San Luis Obispo County siting criteria and policy in Chapter 9 (pg 1-1). Hazardous Waste Facilities fall into three categories (pg 9-2): 1) Transfer and Storage Facilities (pg 9-2) 2) Treatment Fac.lities (pg 9-3) 3) Residual Repositories (pg 9-5) The actual siting criteria mandated by the Department of Health Services siting criteria are found on pgs. (9-6 to 9-12). The CHWMP identifies rene-al areas where hazardous waste facilities may be located (Fig 9-1). However, for purposes of completing the EIR, study areas were specifically identified and discussed. Copies of the specific study areas are attached in Figures III.2, IIL3, III.4, IILS, III.6 and III.7. These specific boundaries are not contained in the CHWMP. Alternative siting arrears have been recommended in the EIR. These alternatives are listed in Attachment #4 will be incorporated into the revised EIR and the County CHWMP for consideration during final CHWMP approval by the cities and county. Five implementation activities are described in the plan beginning on pg 11-1 and as follows: 1) Educate the public and local industries j 2) Develop household waste disposal options 3) Reduce the volume of waste 4) Provide proper locations for new or expanded waste facilities 5) Amend City and County General Plans (pg I1-7) Household hazardous waste is an important element of CHWMP. The plan emphasizes a significant effort to address the problem of educating the community. The Hazardous Waste Commission has formed a sub-committee to deal with the implementation of a household waste program and the sub- committee continues work on developing recommendations for a County-wide collection program. � �3 city of San Luis OBispo A NftZa COUNCIL. AGENDA REPORT Aonroval of the Plan: The goal is for the cities and county to approve CHWMP. However, distribution dates of the CHWMP and the EIR will not allow the approvals to be completed by the 2/1/89 state deadline. To protect the cities approval rights and to keep our options open, two actions are recommended. Action 1. Disapprove the CHWMP before 2/1/879 based on the fact that a certified EIR is not available. The disapproval will be conditional and will be reconsidered when the certified EIR is issued. Action Following the distribution of the certified EIR and before 3/10/89, the Council should reconsider approval or disapproval of the CHWMP. ALTERNATIVES: Alternative 1. A) By resolution disapprove the CHWMP before 2/1/89, based on the unavailability of a certified EIR. B) Following the distribution of the certified EIR reconsider approval or disapproval of the CHWMP before 3/10/89. Alternative 2. By resolution approve the CHWMP as is. Alternative 3. By resolution disapprove the CHWMP and take no further action. Alternative 4. Take no action on the CHWMP until a certified EIR is available. PROS AND CONS OF ALTERNATIVES: Alternative 1 A) By resolution disapprove the CHWMP before 2/1/89, based on the unavailability of a certified EIR. B) Following the distribution of the-certified EIR reconsider approval or disapproval of the CHWMP before 3/10/89. Prc: Disapproving the CHWMP before 2/1/89 based on the unavailability of the certified EIR allows the City to meet the Tanner Bill deadlines and comply with CEQA guidelines for considering the plan. Reconsidering the CHWMP after receiving the certified EIR and before 3/10/89 will allow the City Council the opportunity to evaluate the CHWMP within the timeline established by the County. Con: Disapproving the CHWMP before 2/1/89 and reconsidering the plan before 3/10/89 will require two separate Council actions. Alternative 2 By resolution approve the CHWMP as is. Pro: Following a review of the plan, Council can find that the plan meets the intent of the Tanner Bill and local needs for dealing with the management of hazardous waste. Approval at this time, along with a majority of cities within the County will allow the City to meet the submittal and approval timelines currently mandated by the Tanner Bill. Con: Approving the plan without considering a certified EIR could invalidate the approval. It is unlikely that other cities will approve the CHWMP without a certified EIR. I 7 city of San tins OBISpo COUNCIL AGENDA REPORT Alternative-3 By resolution disapprove the CHWMP and take no further action. Pro: If the Council finds significant deficiencies in the CHWMP a disapproval action is appropriate. Reasons for the disapproval can be provided to initiate the desired changes. Con: Disapproving the CHWMP will reduce the possibility of obtaining 51% approval by other incorporated cities. Not having an approved CHWMP will allow the State to establish the CHWMP guidelines without local input. Alternative 4 Take no action on the CHWMP until a certified EIR is available. Pro: Taking no action on the CHWMP until a certified EIR is available will require only one Council action. This action will meet the requirements of the CEQA guidelines. Con: Taking no action before 2/1/89 could be interpreted as approval of the plan since the Tanner Bill considers no action on the plan to be a vote of approval. CITIZEN INPUT: The Hazardous Waste Commission held public hearings on the plan at North, Central, and Southern locations within the County. Very few persons commented on �- the plan. In the case of the public hearing held within the City limits only four citizens attended and no formal comment was made. FISCAL IMPACT• Approving the CHWMP will not have a direct fiscal impact. However, the T—Iner Bill does require amending the General Plan and changing zoning ordinances. The CHWMP's recommendation to implement a Household Hazardous Waste Collection Program could have a fiscal impact of $40,000 per year on the City. State law allows additional fees on solid-waste collection to offset the costs of household hazardous waste collection. I CAO RECOMMENDATION: A. By resolution disapprove the CHWMP. B. Following distribution of the certified EIR, reconsider approval or disapproval of the CHWMP before 3/10/89. ATTACHMENTS• Draft of Resolution Approving the Plan j Draft Resolution Disapproving the Plan Attachment #1 - City's Comments on Preliminary Review of the CHWMP Attachment #2 - County Request for Time Extension Attachment #3 - Executive Summary of CHWMP Attachment #4 - Alternatives Recommended by the EIR Figures 111.2 through 111.7 - The EIR Specified Areas for Hazardous Waste Facilities -- COPIES OF THE CHWMF WERE DISTRIBUTED TO C_O_U_NC_IL IN NOVEMBER. A COPY IS ON FILE WITH THE CITY CLERK. _V C-� Resolution No. (1989 Series) A Resolution of the Council of the City of San Luis Obispo Approving the Final Draft of the San Luis Obispo County Hazardous Waste Management Plan (November, 1988) WHEREAS, Chapter 1504 of the Government Code requires the County of San Luis Obispo to prepare a Hazardous Waste Management Plan and facility siting procedures; and WHEREAS, the County of San Luis Obispo with.input from the Waste Management Commission has prepared a final draft of the County Hazardous Waste Management Plan;and WHEREAS, the.County of San Luis Obispo has also completed a draft Hazardous Waste Management Plan Environmental Impact Report; and WHEREAS, the 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 areas before February 17, 1988; and WHEREAS, if a city does not act within the 90 day time period, the ity will have been deemed to approve the,plan; and WHEREAS, the County of San Luis Obispo has requested approG of the County Hazardous Waste Management.Plan.from incorporated cities within the county; and WHEREAS, the City Council has reviewed, commented and forwarded questions to the Waste Management Commission preliminary draft of the County Hazardous Waste Management Plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. Approve the final draft of the San Luis Obispo County Hazardous Waste Management Plan (Nov. 1988) including: a) goals, objectives and policies b) plan implementation Z Direct City Clerk to send a copy of this resolution as executed to: G.B. Rowland, M.D., Health Agency Director Department of Public Health P.O. Box 1489 San Luis Obispo, CA 93406 On motion of seconded by and on the following roll call vote: AYES: NOES: A RSENTs Resolution No. (1989 Series) continued: the foregoing resolution was passed and adopted this day of 1989. MAYOF. RON DUNIN ATTEST: .CITY CLERK PAM VOGES APPROVED: CITY A NISTRATIVE OFFICER CITY ATTgORNEY FIRE CI4IEF Resolution No. (1989 Series) A Resolution of the Council of the City of San Luis Obispo Disapproving the Final Draft of the San Luis Obispo County Hazardous Waste Management Plan (November, 1988) WHEREAS, Chapter 1504 of the Government Code requires the County of San Luis Obispo to prepare a Hazardous Waste Management Plan and facility siting procedures; and WHEREAS, the County of San Luis Obispo with input from the Waste.Management Commission has prepared a final draft of the County Hazardous Waste Management Plan; and WHEREAS, the County of San Luis Obispo has also completed a draft Hazardous Waste Management Plan Environmental Impact Report; and WHEREAS, the 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 areas before February 17, 1988; and WHEREAS, if a city does not act within the 90 day time period, the city will have been deemed to approve the plan; and WHEREAS, the County of San Luis Obispo has requested approval of the County Hazardous Waste Management Plan from incorporated cities within the county; and WHEREAS, the City Council has reviewed, commented and forwarded questions to the Waste Management Commission preliminary draft of the County Hazardovi ;paste Management Plan; and WHEREAS, Section 15096 of the CE QA guidelines requires the City to consider an Environmental document when considering the CHWMP. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to: 1. Disapprove the final draft of the San Luis Obispo County Hazardous Waste Management Plan (Nov. 1988) based on the following: a) the EIR of the CHWMP is not complete and will not be available until after 2/7/89. b) State law requires action on the plan before 2/1/89. . 2. The City will reconsider the plan when a certified EIR is available. 3. Direct City Clerk to send a copy of this resolution as executed to: G.B. Rowland, M.D., Health Agency Director �. Department of Public Health P.O. Boz 1489 San Luis Obispo, CA 93406 60 0 Resolution No. (1989 Series) continued On motion of . seconded by and on the following roll call vote: AYES: NOES: ABSENT. the foregoing resolution was passed and adopted this day of . 1989. MAYOR RON DUNIN ATTEST: CITY CLERK PAM VOGES APPROVED: CITY AD NISTRATIVE OFFICER . i CITY AT70bRNEY FIRE CHIEF ATTV"ENT 1 aty0SA1 hAiS oBispo Al, 990 Palm StreetlPost Office Box 8100 • San Luis Obispo. CA 93403-8100 June 21, 1988 TO: San Luis Obispo County Waste Management Commission San Luis Obispo County Health Agency FROM: John Dunn, City Administrative Officet(_� SUBJECT: Draft Hazardous Waste Management Plan With the enclosed letter I have sent my council's comments and questions concerning the draft plan. City planning and Fire Department staff offer the following suggestions to help you prepare a revised draft and a presentation to address the issues. 1. Why must the city or county have a hazardous waste plan? What are the consequences if we do not have one? The document should answer these questions at the beginning of the executive summary and the beginning of Chapter 2. Health risks and public concerns due to increased exposure to hazardous materials warrant local government involvement. The state legislature (AB 2948) has defined a role for cities and the county to address hazardous waste concerns. If the counL:_s and their cities do not have a plan, then the state will regulate hazardous waste facilities as local development requests are made. With state-approved local hazardous waste plans, the cities and the county will have the greatest influence on siting and development of hazardous-waste facilities. 2A. Must the plan have a map of potential hazardous-waste facility sites? If the county, or a majority of the cities, decides to prepare a plan, "the plan shall include _. an indentification 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." (Calif. Health & Safety Code 25135.1(d)(6)) Staff suggests that the plan explicitly state that disposal facilities will not be needed within the county, and that the transfer facility likely to be needed should be located in an industrial area. Hazardous waste plan comments Page 2 2B. The map and site discussion imply that the county has several places capable of accommodating a hazardous waste facility. The county does have remote, dry areas which have traditionally been seen as the best places for waste disposal: The plan should distinguish between the types of facilities in the map legends, and not lump transfer stations together with residual repositories. 3. The plan is very complex; it should be simplified. Like other state-mandated plans with specific content requirements, which address complex subjects, complexity in the plan cannot be avoided. However, a simple, direct writing style and separation of policy and background sections can help the document appear less complex. 4. The plan seems to emphasize accommodation of projected waste amounts rather than reducing hazardous wastes at the source. In estimating capacity of waste facilities which may be needed, the plan assumes that hazardous waste volumes will increase in proportion to projected population growth. This seems a reasonable countywide assumption, in that much local waste is produced by service business and households, not basic manufactu-ing. If basic manufacturing increases at a higher rate, the capacity estimates would need to be revised. Chapter 11 of the plan addresses waste reduction in households, existing businesses, and new businesses. Several specific measures are prop_ ..u. Regulation of classes chemicals and means to "close the loops" that hazardous materials follow are probably most effectively conducted by governments which cover wider market areas --state and federal. 5. The plan does not address saying "no." The plan does say "no" to this county accommodating waste disposal from other counties. Saying *no" to major industrial waste producers locally will not affect the amount of waste generated, only the location, and is more properly a function of local land-use plans and development review. Saying "no" to additional households and service businesses is the essence of the growth issues being debated throughout the county and the state. The main hazardous-material users in this area are power plants and utilities, vineyards/farms, governments, colleges, hospitals, service stations and auto repair/painting, commercial laundries and dry-cleaners, photoprocessors, blueprinters, and press-printers, and household consumers. 6. The plan seems to emphasize economic feasibility rather than environmental protection. The goals of the plan demonstrate commitment to environmental quality, but the discussion of implementation, logically, raises issues of economic feasibility. To take an. extreme example, the most environmentally sound solution might be for each hazardous-waste producer to completely recycle or render harmless its own wastes, but each one cannot afford the required facilities under socially acceptable distribution of costs. For example, each gas station cannot reprocess used motor oil, so some environmental risks are entailed in temporary storage and transportation. Hazardous waste plan comments Page 3 (Some of the apparent "financial" bias of the plan could be eliminated simply by more careful choice of words. City staff has pointed out several examples to county staff, including page 1-24 second paragraph, last sentence, which would better read: "From the operator's perspective, it may be cheaper for the small-quantity generator to dispose of waste illegally than to pay the costs of proper disposal.") 7. Some of the siting criteria arc questionable, such as prohibiting waste disposal sites ("repositories") only in "major aquifer recharge areas (page 9-6). Staff agrees, and would note that 200 feet would not be much separation from an active fault —the San Andreas? However, unless all hazardous wastes are to be eliminated, it makes sense to identify the characteristics of those places which are least likely to be harmed by disposal. Perhaps a better criterion would be exclusion from any area where drainage contributes to surface water or groundwater used or planned to be used for domestic water supply. 8. The plan should include a public education component. Chapter 11 (pages 11-2 and 11-14 in particular) addresses public education, 9. How do we fund the plan? Will the state help pay for it? C ' The county received a stategrant to prepare the plan. The plan identifies several means to fund implementation (pages 16-13 and 16-16 in particular). 10. The plan is very technical; it's not practical to implement: Progress has been. made in reducing waste production, keeping track of hazardous materials, and cleaning up contaminated sites, mostly by federal and state efforts. At times, the magnitude of the problem seems overwhelming, but staff is heartened by efforts now compared to twenty years ago. As local governments review applications for new businesses that handle hazardous materials, they can contract with third-party experts, at applicant's expense, 'if they do not have staff expertise. 11. Further explanation of Chapter 16, Household Hazardous Waste, is required. People need to be informed about hazards of household products are how to properly dispose of wastes. 12. The estimates of present and future waste amounts are not consistent throughout the report. The discrepancies are due to different authors using different methods, which will be resolved in the next draft. 13. This document is not what the Tanner Bill calls for. The draft does follow state guidelines quite literally. Hazardous waste plan comments Page 4 14. If the city adopts standards for hazardous-waste industries which arc not met, what are the the city's legal liabilities? The city could be liable for its own facilities/actions in dealing with its own wastes, regardless of the plan's standards. If the city approved something that clearly contradicted its adopted policies, its decision could be reversed. If the city failed to discover a hazardous condition caused by a private facility it would not be liable. However, in most "worst-case" scenarios the city would be named in a lawsuit and the city would incur significant defense costs. 15. The discussion of the emergency response plan gives an overly optimistic picture of the county's and cities' ability to deal with hazardous material accidents. Revise the discussion to indicate which agencies have not adopted the plan and the lack of equipment/personnel available to deal with major accidents. copies: M Dolder M Multari R. Picquet gm2/haz-rsp o -13 TACHMENT 2 County of San Luis Obispo COUNTY GowitNMENT Ce;Tm - SAN LUIS OBISPO.CALIFORNIA 93408 - (805)549-5011 OFFICE OF THE COUNTY ADM94MATOR November 10, 1988 Alex R. Cunningham Chief Deputy Director State Department of Health.Services 714/744 'P' Street Sacramento, CA 95814 Re: Submittal of San Luis Obispo County Hazardous Waste Management Plan Dear Mr. Cunningham: As you know, San Luis Obispo County's efforts toward completion of a County Hazardous Waste Management Plan (CHWMP) began many months ago. We entered into a contract with a consultant to prepare the required CEQA document last June. The document was initiated in plenty of time to allow completion of the CEQA process, even though state comments on the Draft CHWMP were over a week late. Unfortunately, the Administrative Draft EIR was inadequate and required substantial revisions. The EIR consultant's initial reluctance to complete the revisions resulted in the need for lengthy negotiations and a substantial delay in the process. This delay was absolutely necessary and unavoidable in order to ensure the adequacy of the EIR, its subsequent certification and ultimate approval of the CHWMP. In an effort to make up a portion of the .lost time, the County has requested that the State Clearinghouse grant a 30-day rather than 45-day EIR review period. The request was denied, in part because of recommendations made to the Office of Planning and Research by DOHS (see attached November 2 letter). While we are disappointed that our request was denied, we understand the need for an adequate level of review by the involved state agencies. The County is making every effort to meet the extended deadlines for submittal of the CHWMP. However, under present circumstances, it appears that the Final EIR will not be available until late January. As a result, the Board of Supervisors will not be able to consider and, hopefully, approve the plan until j mid-February. The approved CHWMP will be submitted to your department immediately thereafter. Alex Cunningham November 14, 1988 _ page 2 After the many months and thousands of dollars expended on this effort, it would be unfortunate if circumstances beyond our control precluded state approval of our plan. Any advice and assistance you can provide in addressing this problem will help lead to successful completion of this major planning effort. I'm sure that is a goal we both share. If you have any questions, please give me a call at the above referenced number. Thank you very much for your time. Sincerely Tim S. ess Deputy County Administrator cc: Board of Supervisors Assemblyman Eric Seastrand Senator Ken Maddy Assemblywoman Sally Tanner jh2/dohs/1 •. r. AT-r'-WENT 3 CHAPTER 1 EXECUTIVE SUMMARY CHAPTER 2 INTRODUCTION TO THE PLAN This plan was developed by San Luis Obispo County in response to AB 2948 (Tanner, 1986), which authorizes the development of County Hazardous Waste Management Plans (CHWMP). AB 2948 was enacted to address the hazardous waste problems at the local level. The purpose of AB 2948 and this plan is to: -Reduce the generation of hazardous waste to the maximum extent feasible; *Provide the public, industry and local government with the inform4ion needed to take rational steps to minimize, recycle, treat, . dispose, and otherwise manage hazardous waste in California; -Provide the basis for planning adequate hazardous waste management facility capacity; •Determine the current and estimated future hazardous waste generation rates, project the need for facilities to manage this waste and e, ablish a workable system to provide sites for needed facilities; ` -Insure that: Counties and Cities conduct local and regional efforts to assess the needs for and plan for the establishment of local and rec.::'-;;',,1a1 hazardous waste treatment and disposal facilities needed "to manaae hazardous waste generated in their, jurisdiction; •Insure that all local governments consider the feasibility and appropriateness of identifying suitable general areas for treatment and disposal facilities in their general plans.. Hazardous waste represents a potential threat because its chemical characteristics can cause environmental damage if improperly treated, stored, transported, or disposed. Hazardous waste is often produced as a by-product of the manufacture of many of the goods which provide us with the comforts and conveniences associated with modern society. Households also generate hazardous waste, often in the form of used crank case oil, and unused paints and pesticides.. Traditionally, hazardous waste is disposed of in permitted hazardous waste landfills such as Casmalia. However, due to changes in State and Federal regulations a disposal crisis is imminent. New regulations call for a prohibition on the disposal of untreated hazardous waste to landfills by the May 8, 1990. At this time, there is a severe shortage of available treatment facilities in California. This shortfall in treatment capacity could lead to an increase in illegal 1 - 1 — /� I disposal; and thus, an increase in the threat to public health and the environment. Approximately 6118.32 tons of hazardous waste was generated in San Luis Obispo County in 1986. By the year 2000 this number could increase to as much as 10,909.99 tons of hazardous waste yearly. These are large enough volumes to cause concern but insufficient. to alone support the typically sized hazardous waste management facility. San Luis Obispo County does not generate enough hazardous waste to support any of the seven generalized treatment facilities but the total waste produced within the county for all treatment methods may be sufficient to support the operation of a small-scale transfer station. Such a transfer station could collect and temporarily store hazardous waste prior to its shipment to other recycling or treatment facilities. r local, small-scale transfer station might operate as a collection center for local route service haulers serving local large and small quantity generators and may be able to offer cost: savings to local businesses and industries. A local transfer station might also serve as a permanent collection center for household hazardous waste. Refer to Chapter 7 for a discussion of facility needs. Involvement and support from local residents and businesses are crucial to the success of hazardous waste management in the future. Through --planning efforts, such as this County Hazardous Waste Management Plan, the public and local industry can become involved in the hazardous waste management program. A partnership between :., local, regional, and state government; and between the public and private sector is necessary to overcome the threat to health and safety posed by hazardous waste. The County Hazardous .Waste Plan replaces the Hazardous Waste Element contained in the County Solid Waste Management Plan. Eventually, the Hazardous Waste Management Plan should be consistent with other existing plans such as City and County General Plans, Air Pollution Control District plans, Regional Water Quality Control Board Basin Plans and County Solid Waste Management Plans (CoSWMP). There are likely to .be obvious discrepancies batmeen the CHWMP and some of the other regional and local plans. Provisions will have to made to settle these discrepancies on a case by case basis. This may well necessitate ' Manifested = 3807.38 tons; SOG = 2027.94 tons; HHW = 283 tons. This does not include possible residuals generation. 1 -2 amending other, plans. Some types of hazardous waste management facilities, such as treatment or storage facilities, may be compatible with industrial areas within cities. It would then become necessary for local cities to make provisions for such facilities in existing city plans or to outline the steps necessary to amend city plans to accommodate the facilities in an implementation program as a part of the CHWMP. Since the adoption of a Hazardous Waste Management Plan is an exercise of discretionary judgment by affected local jurisdictions, an Environmental Impact Report (EIR) will be prepared as part of the plan review process. Public hearings will be held on both the Draft Plan and the EIR so that local jurisdictions can consider public concerns and issues arising from environmental review. AB 2948 requires the establishment of an Advisory Committee :o serve as a forum for public participation and to advise those local agencies responsible for development of the plan The San Luis Obispo County Waste Management Commission fulfills both the requirements of the County Hazardous Waste Management Plan and the County Solid Waste Management Plan.. The Commission holds regular public meetings and encourages public participation. CHAPTER 3 PURPOSE, GOALS, OBJECTIVES AND POLICIES This chapter contains overall goals, objectives and polic;Pr. to guide hazardous waste management in the County. In order to preserve ithe quality of life and environmental integrity, now and for later generations; it is necessary to develop a system to provide for the safe and effective management of hazardous waste. It is the intent of this plan to strike a balance between the needs of business and the overall requirement for a healthy environment. As of November 1988, the Waste Management Commission has been divided into two commissions: the Hazardous Waste Management Commission and the Solid Waste Management Commission. The Hazardous Waste Management Commission will continue as the advisory commission for the completion of this Plan. San Luis Obispo County currently exports most. of the hazardous waste generated within its borders. It is the intent of this plan , to provrAe a framework by which San Luis Obispo County can safely and effectively take responsibility for its own hazardous waste. The primary goal of this plan is to protect the public health, safety, environment and maintain the economic viability of the county and the 1 -3 7 i (p state. This can be accomplished by ensuring that safe, effective and economical hazardous waste management facilities are available when they are needed, and that these facilities are of a type, and operated in a manner, that protects public health and the environment. The plan uses siting criteria to identify general areas within San Luis Obispo County that may be suitable for hazardous waste treatment, storage and disposal (TSD) facilities. Waste management goals can also be accomplished by reducing the volume of hazardous waste produced to the maximum extent feasible. This effort will reduce the need for facilities. This plan emphasizes a hierarchy of hazardous waste management techniques for existing and new industries. The hierarchy emphasizes source reduction as the best possible solution to the hazardous waste problem, with onsite recycling, offsite recycling, onsite treatment, and offsite treatment as the second, third, fourth, and fifth best options, respectively. For new and expanding industries, the local planning and permit process should be used to ensure that waste production is reduced to the maximum extent feasible. Education will play a major role in improving hazardous waste management. Both industry and the general public need.-,information to take rational steps to minimize, recycle, treat, dispose, and otherwise manage hazardous waste in San Luis Obispo County. Education can foster the safe use and disposal of hazardous household products when no alternatives are available. Education should also promote the use of alternatives to hazardous household products. Another goal is to discourage illegal disposal of hazardous waste. This can be accomplished by providing economical and legal disposal options for .industry and households, by monitoring hazardous waste generators to insure proper disposal, and by enforcing existing laws and regulations. Policy Statements 1 . New offsite hazardous waste management facilities shall be primarily limited to a scale necessary to meet the hazardous waste management needs of this county; larger facilities may be permitted in% accordance with agreements reached between this county and other - jurisdictions or upon determination of the local governing body that the project meets local planning criteria and serves public needs. The county and its cities recognize their collective responsibility to cooperate with other governments in the region and the state in planning 1 -4 - for the effective management of hazardous wastes generated in the region C and the state in accordance with the hazardous waste management hierarchy. Sound hazardous waste management planning, waste reduction efforts, and appropriate facility siting are the mutual responsibility of all governments. To this end, the county and its cities encourage multi- county and regional efforts to plan and implement alternatives to land disposal of untreated hazardous wastes and to limit the risks posed by the transportation of hazardous wastes around the state. Agreements for new facilities to provide the offsite capacity needed for hazardous waste treatment and residuals disposal should be reached among jurisdictions according to their fair share of the hazardous waste stream, each jurisdiction's environmental suitability for different .types of facilities, their economic interests, and the economic viability of different types and sizes of facilities. Any privately-owned facility located in this county shall be available to serve generators from inside and . ou4side .the county. "Fair share" denotes that each county is responsible for the disposition of its own waste; that is, responsible for its: fair share of waste management. No county should be expected to establish a hazardous waste facility with a capacity exceeding the amount of waste they generate. A county cannot be required to accept a facility , with a capacity that exceeds the county's own needs, except as provided by an inter- jurisdictional .agreement. It is recognized that the ,waste streams in each county will probably not support an economically effiCie.nt hazardous waste facility of each type needed to handle a county's .waste: Therefore, counties are encouraged to enter into inter-jurisdictional agreements to balance economic wastes generated. 2. a While accepting the fact that the entire spectrum of hazardous waste management facilities are needed in California in order to ensure the environmentally sound and economical disposal of hazardous waste, it shall be the policy of San Luis Obispo County to establish a hierarchy for preferred hazardous waste management systems within the County. The .hierarchy is as follows: A. Source reduction programs in local industry are to be actively encouraged as the most preferred hazardous waste management method; B. Onsite recycling processes or systems in local industry are to be actively encouraged as the second most preferred hazardous waste management tec nology; j- '� 1 -5 C. Offsite recycling facilities, necessary to meet the current and estimated future fair share needs of the County, are to be actively encouraged and are the third most preferred hazardous waste management facility applications; D. Onsite treatment processes or systems established in local industry are to be actively encouraged as the fourth most preferred hazardous waste management technology; E. Offsite treatment facilities, necessary to meet the current and estimated future hazardous waste management facility fair share needs of the County, are the fifth most preferred hazardous waste management facility applications; F. Hazardous waste disposal facilities, such as residuals repositories, that are necessary to meet the current and estimated future hazardous waste management facility fair share needs of the County, are the least preferred hazardous waste management facility applications. 3 . San Luis Obispo County shall identify general areas that may be suitable for hazardous waste management facilities sufficient to meet the current and estimated future fair share needs of the County. 4. - San Luis Obispo County shall vigorously enforce hazardous•,.waste management regulations in. order to discourage improper hazardous' waste disposal practices. 5 . San Luis -Obispo County shall vigorously enforce existing regulations pertaining to hazardous waste transportation, vehicular safety, and the State manifest system regulations in order to ensure the safe transportation of hazardous waste and material within San Luis Obispo County. 6 . • San Luis Obispo County shall encourage and promote public education, source reduction, and waste reduction efforts in order to reduce the need for hazardous waste facilities within San Luis Obispo County. 7. All hazardous waste management facilities shall be required. to be constructed in a manner that minimizes any threat to public health and safety, and the environment. 8 . Collection and temporary storage facilities, such as those recommended in the Household Hazardous Waste Chapter of this plan, whose purpose is to provide alternatives to illegal disposal by households 1 -6 I O and local industry and to preserve and maintain the environment, are to be actively encouraged. CHAPTER 4 CURRENT WASTE GENERATION This chapter provides an analysis of current (1986) hazardous waste generation in San Luis Obispo County in terms of type, amount and source of generation. This analysis of current waste generation is compared with the existing facilities within the county available to treat or dispose of the waste generated. In 1986 San Luis Obispo generated an estimated 6118.32 tons of hazardous waste: Manifested waste= 3807.38 tons; waste from small quantity generators = 2027.94 tons; waste from households 283 tons (the number of significant figures have been retained for calculation purposes only and are not meant to reflect the accuracy of the methodology). All of this waste was disposed of outside of San Luis Obispo County except for 281 tons of asbestos-containing Waste, which was disposed of at Cold Canyon, a Class III landfill. Cold Canyon Landfill also accepted 83 tons of asbestos-containing waste from other counties. With the exception of the County Agricultural Commission, which. has a small storage/transfer` facility for waste household pesticides, San Luis Obispo County has no commercial storage or treatment facilities. However, several local ,industries do treat their own waste onsite. These Cindustries include Calzyme Laboratories, Chemron, CTS Electronics, P.G. and E. Diablo Canyon, P.G.. and E. Morro Bay, and Sunbank Electronics. urthermore, asbestos-containing waste is generally stabilized (i.e., trPated) onsite prior, to shipping. CHAPTER 5 PROJECTED WASTE GENERATION This chapter provides rough estimates of hazardous waste generation in the year 2000. The total amount of hazardous waste generated by the year 2000 is estimated to be as much as 10,909.99 tons: projected industrial waste = 4557.47 tons, projected small quantity generator waste = 2554.2 tons, projected cleanup waste 3371.8 tons, projected new wastes = .82, and projected household waste of 425.7 tons. (This projection does not include estimates of the volumes of residuals that would be generated by the treatment of these volumes of hazardous waste.) All projections assume that waste generation increases will be proportional to the expected county population growth rates. CHAPTER 6 TSDF SHORTFALL This chapter reviews current and projected waste generation estimates from Chapter Four and Five in terms of demand for treatment and disposal Ucapacity. The current (1986) total amount of hazardous waste requiring treatment or disposal is estimated to be approximately 671.7.37 tons This number is based on an estimated waste generation rate of 6118.32 plus 966.86 tons of estimated residuals and less 367.81 tons of existing treatment capacity, (i.e., the onsite stabilization of asbestos-containing waste). CURRENT(1986) S.L.O. COUNTY COMMERCIAL HAZARDOUS WASTE TREATMENT/DISPOSAL FACILITIES SHORTFALL Generalized Treatment Method Current Countyy Facility Needs(tons) 1 . Aqueous Treatment-Organic 49.66 2. Aqueous Treatment-Metals/Neutralization 179.19 3. Incineration 1746.65 4. Solvent Recovery 223.12 5. Oil Recovery 2858.91 6. Other Recycling 628.03 7. Stabilization 64.95 Stabilization (Asbestos-Containing Waste) 0.00 Residuals Disposal: Class 1 963.57 Class III: Asbestos-containing waste 3.29 TOTAL 6717.37 The total amount of hazardous wash requiring treatment or disposal by the year 2000 is estimated to be as m--^,h as 12,626.15 tons per year. PROJECTED S.L.O. COUNTY COMMERCIAL HAZARDOUS WASTE TREATMENT/DISPOSAL FACILITIES SHORTFALL Projected County Treatment or Disposal Generalized Treatment Method Shortfall in the Year 2000 (Tons/Year) 1 Aqueous Treatment-Organic 74.99 2 Aqueous Treatment-Metals/Neutralization 191 .93 3 Incineration 4695.57 4 Solvent Recovery 346.30 5 oil Recovery 4528.19 6 Other Recycling 515.50 7 Stabilization 140.19 Stabilization: Asbestos-Containing Waste Residuals Disposal: Class 1 1.716.16 Class III: Asbestos_Containing Waste 417.32 TOTAL 12,626.15 tons/year 1 -8 CHAPTER 7 FACILITIES This chapter contains summaries of the County's current and projected hazardous waste generation, shows the distribution of large quantity generators among the cities, and outlines the hazardous waste facility needs of the county to manage the waste produced in the county. It is estimated that San Luis Obispo County currently produces about 6118.32 tons of hazardous waste. In the year 2000, this figure may increase to as high as 10,909.99 tons. The projection estimate assumes that current waste figures will increase proportionately with population increases. While San Luis Obispo County does produce small amounts of many .of the different types of hazardous waste, the county does ,,ot generate enough hazardous waste on its own to support any of the seven general types of treatment facilities. However, the total waste produced within the county may be sufficient to support the operation of a small-scale transfer station. Such a transfer station. could collect and temporarily store hazardous waste prior to their shipment to other recycling or treatment facilities. A small-scale transfer station might operate as a collection center for route service haulers serving local large and small quantity generators. This may offer cost savings for the management of hazardous waste produced by local businesses and ind,�,r', ries. A local transfer station might also,. serve as .a permanent collection center for household hazardous waste. CHAPTER 8 WASTE REDUCTION This chapter introduces and explains the elements of waste reduction, defines the current and projected local waste . reduction potential, describes the barriers to waste reduction and identifies goals, objectives, policies, and programs for waste reduction. There , are three methods of waste reduction: source reduction, onsite recycling, and onsite treatment. Source reduction includes those changes implemented during the manufacturing process which reduce the amount or toxicity of hazardous material used or waste generated. This is the preferred method of waste reduction. Onsite recycling refers to the reuse of waste/material by the generator and/or user or those waste/material at the location of their generation/use. Onsite treatment methods, while encouraged, are the least desirable method of waste reduction. There are four basic types of aqueous treatment - organic, metals/neutralization, incineration, and 1 -9 /w stabilization. These methods of treatment vary in their ability to actually reduce the amount of waste generated. Waste reduction is desirable because it reduces the need for the transportation and offsite management of hazardous waste. The barriers to waste reduction include educational barriers, technical barriers, financial barriers, governmental barriers, managerial barriers, and physical barriers. The amount of waste manifested in. San Luis. Obispo County was down 50% in 1986 from the previous year due in part to waste reduction efforts by local industries. The following goals, objectives, policies and programs are designed to encourage additional waste reduction efforts: Waste Reduction Goals 1 . Reduce the use of hazardous substances and the 'generation of hazardous waste from all sources. 2. Recover and recycle, where practical, the remaining hazardous waste for reuse. 3. Treat that hazardous waste not amenable to source reduction or recycling as close to the source as possible so that the environment and community health are not threatened by their ultimate release. or _ disposal. i 4. Educate and advise local industries on how they can take the necessary steps to reduce their hazardous waste streams. 5. Encourage local governments to assist local industry,, in their environmentally sound, waste reduction efforts, and encourage local . government to participate as well. Waste Reduction Objectives 1. Establish an effective system of flexible, financially feasible, environmentally sound programs for the reduction of hazardous waste generated; 2. Develop and implement an educational program that will accomplish the following: -Promote understanding among industry regarding the benefits of waste reduction, and the legal and environmental ,con"sequences of improper hazardous waste management; -Encourage the public and local governments. to support environmentally sound waste reduction efforts; -Provide useful information regarding waste reduction technology and available resources on an industry specific basis; 1 -10 �-� 3. Gain the cooperation of every industry in San Luis Obispo County in the area of waste reduction by the year 2000; 4. Have trained personnel perform regular onsite inspections and waste reduction consultations; 5. Develop and provide an information and referral service for waste reduction information; 6. Achieve a 5-10% decrease of the County's reducible hazardous waste stream by the year 2000. Waste Reduction Policies 1 . San Luis Obispo County shall promote efforts to reduce the use of hazardous substances and the generation of hazardous waste from all sources. 2. San Luis Obispo County shall encourage the recovery and recycling 'of the remaining hazardous waste for reuse wherever safe and practical. 3. San Luis Obispo County shall encourage the .treatment of that hazardous waste not amenable to source reduction or recycling as close to the source as possible so that the environment and community health . are 'not threatened by their ultimate release or disposal: 4. San Luis Obispo County shall encourage and promote the development of waste reduction education programs for industry, local governments, and the general public. Waste reduction Programs 1 . &aroements to Cooperate: In order to measure interest levels, Agreements to Cooperate with future waste reduction programs should be obtained from local industries as a- first step in implementing a local waste reduction plan. 2. Consultation Program for Existing Generators: In order to overcome the educational barriers to waste reduction, waste reduction information should be provided to existing hazardous waste generators. 3. Plan Check Program of New Generators: In order to minimize future waste generation and assist new businesses in their waste reduction efforts, the building plans of future generators should be inspected for waste reduction opportunities and programs. 4. Awards_ Program for Outstandino Hazardous Waste Management ff r : The awards program would give public recognition to those companies who have shown awareness, commitment and success in their individual waste reduction programs, and in doing so provide an opportunity for waste reduction education. -- Waste Reduction Potential Using DOHS methodology, it is estimated that the current waste stream (1986) could be reduced by approximately 306.21 tons or 8% (of the reducible waste stream), and the projected waste stream could be reduced by approximately 47263 tons or 8% (of the reducible waste stream). These are very rough estimates of waste reduction potential. CHAPTER 9 SITING This chapter describes the different types of hazardous waste facilities, the criteria or standards to be used for siting those facilities, general areas within the county where the criteria might apply, and siting recommendations, goals, and policies. There are three basic types of hazardous waste facilities discussed in this chapter: 1 . Transfer and Storage Facilities, 2. Treatment Facilities, (e.g. Solidification, Stabilization, Incineration and Recycling) 3. Residuals Repositories for Treated Residues. Criteria The criteria which apply to all hazardous waste facilities include those related to: High Hazard Areas (areas where human or animal life could be jeopardized if fugitive releases occur), i.e., s.:lsmic, floodplains, wetlands, habitat of.. . endangered species, unstable salt; major 'recharge areas` for aquifers; Public Safety (criteria designed to protect the general public), i.e., distance from residences, distance from immobile populations, proximity to major transportation routes; Physical Limitations of the Site Area (areas which, because of their existing physical characteristics, must be utilized in specified ways), i.e., permeable strata and soils, nonattainment air areas, PSD air areas; and Location-Specific Criteria (these are criteria which could affect the location of the sites, but are not necessarily site-specific), i.e., proximity to public facilities, proximity to wasie generation stream, industrial, commercial and specially-zoned lands, recreational, cultural, or aesthetic areas, mineral resources areas, military lands, other State, Federal and Indian lands. 1 -12 The individual criteria are divided into those that pertain to all facilities (treatment, transfer . and residuals repository); criteria specific to treatment and transfer facilities; and criteria which apply only to residuals repositories. The criteria should be used in conjunction with the policies of this chapter when evaluating applications for hazardous waste treatment, storage and disposal facilities. Identification of General Areas The overall intent in identifying general areas is to verify that after applying the policies and siting criteria, there remained areas in the county that could be used to site hazardous waste facilities as required by the guidelines. Maps were prepared only for the purpose of demonstrating that the siting criteria did not unreasonably eliminate all lands in the county. As a result of the mapping, three general areas were identified where the siting criteria may be applicable for a repository facility. General areas for other facilities were also available based on the siting criteria. Areas in both the north, central and south county were found to be available for all facilities based on siting criteria. Conclusions . ° San Luis Obispo County has sufficient acreage and zoning :o site needed commercial offsite hazardous waste transfer/storage, and C; treatment facilities within existing commercial and industrial areas. ° General areas where facilities may be located are provided in .Figure 9-1 . Additional screening is required utilizing County General Plan , criteria, risk assessment maps and site specific reports if any general area is to be considered a possible site for hazardous waste facilities. .° San Luis Obispo County has limited areas for residuals repositories. While preliminary siting analyses identified several general areas, many were eliminated as not appropriate based on evaluation under the specified criteria. The remaining general areas will require further extensive environmental review and site specific investigation before a potential site could be developed and permitted. Recommendations The criteria should be used in conjunction with the following policies to review proposed facilities in the county: ° Revise county Land Use Element and Ordinance and City Zoning Ordinances, when necessary, , to ensure proper zoning and zoning consistency for hazardous waste facilities. �J 1 -13 ° Commercial offsite transfer/treatment facilities should be located in industrial zones. Residual repositories should be located in a Public Facility Land Use Category or equivalent zones. ° Develop and include requirements for waste reduction, as appropriate, to be included in Conditions of Approval for hazardous waste generators. Goals 1 . To establish an efficient siting and permitting process that provides for needed facilities in the county and includes extensive public input to aid in selecting sites. 2. To ensure safe and responsible management of hazardous waste by providing for facilities that effectively manage the hazardous waste produced in the county, providing for hazardous waste facilities to encourage legal disposal of waste, and by reducing the use of outmoded disposal practices. 3. To provide an effective monitoring system _ of hazardous waste facilities and to provide effective enforcement of federal, state, and county hazardous waste regulations. These mechanisms are necessary to ensure that public health and the environment, as well as economic vitality, are protected. 4. To establish uniform siting criteria for evaluating potential sites for hazardous waste facilities so as to assure that facilities are proposed in suitable areas and to focus discussion about 'proposed sites on those factors that are pertinent and critical to the siting process. Policy Statement New offsite hazardous waste management facilities shall be primarily limited to a scale necessary to meet the hazardous waste management needs of this county; larger facilities may be permitted in accordance with agreements reached between this county and other jurisdictions or upon determination of the local governing body that the project meets local planning criteria and serves public needs. The county and its cities recognize their collective responsibility to cooperate with other governments in the region and the state in planning for the effective management of hazardous wastes generated in the region and the state in accordance with the hazardous waste management hierarchy. Sound hazardous waste management planning, waste reduction efforts, and appropriate facility siting are the mutual responsibility of all governments. To this end, the county and its cities encourage multi- county and regional efforts to plan and implement alternatives to land 1 1 - 14 disposal of untreated hazardous wastes and to limit the risks posed by the transportation of hazardous wastes around the state. Agreements for new facilities to provide the offsite capacity needed for hazardous waste treatment and residuals disposal should be reached among jurisdictions according to their fair share of the hazardous waste stream, each jurisdiction's environmental suitability for different types of facilities, their economic interests, and the economic viability of different types and sizes of facilities. Any privately-owned facility located in this county shall be available to serve generators from inside and outside the county. "Fair share" denotes that each county is responsible for the disposition of its own waste; that is, responsible for its fair share of waste management. No county should be expected to establish a hazardous waste facility with a cape-_.,ity exceeding the amount of waste they generate. A county cannot be required to accept a facility with a capacity that exceeds the county's own needs, except as provided by ,an inter- jurisdictional agreement. It is recognized that the waste streams in each county will probably not support an economically efficient hazardous waste facility of each type needed to handle a county's waste. Therefore, counties are e:icc-+raged to enter into inter-jurisdictional agreements to balance economic efficiency in the size of facilities and to responsibly handle their fair share of the waste generated. Policies 1 . Siting Consistency: The county, and each city, shall require that all local land use decisions on siting specified hazardous waste management facilities are consistent with the goals and policies and the siting criteria contained in the County Hazardous Waste Management Plan. 2. Focus of Inter-Jurisdictional Agreement Negotiations: The county shall enter into discussions with other jurisdictions for the purpose of negotiating one or more inter-jurisdictional agreements for the siting of hazardous waste management facilities adequate and necessary to meet the needs of the signatory jurisdictions. Such agreements shall follow the principle of fair phare and may take into account both the volumes and degree of hazard for the wastes generated that require offsite management within each participating jurisdiction, and the degree or waste reduction effort made by each participating jurisdiction. If the siting of a particular type of hazardous waste management facility needed in this county is not environmentally appropriate or 1 -15 -a 3 economically viable, the county shall seek to reach an agreement with one or more other. jurisdictions to facilitate the siting of a larger, environmentally appropriate and economically viable facility (or facilities) to be located elsewhere. This county and its cities, in turn, agree to actively consider and, if appropriate, to commit as part of an inter-jurisdictional agreement to approve the siting of an environmentally appropriate facility (or facilities) within its own borders designed and sized to serve the hazardous waste management needs of other jurisdictions as well as of this county. 3. The adopted siting criteria should take precedence over the general areas designated on the CHWMP map. The map is an approximation only and was developed to test the applicability of the siting criteria in San Luis Obispo County. 4. The siting criteria shall be used to determine the location of new or expanded hazardous waste facilities in the county. The criteria, along with the requirements of policies identified in this plan, represent development standards which shall be met before approval of a particular facility. 5. A risk assessment shall be required for any application proposing hazardous waste facilities for the purpose of estimating the level of risk to human health and the environment. Sufficient detail should be provided so that decision-makers vJil have an adequate basis from which to consider alternatives. I he risk assessment shall include, but not be limited to, the followingitems: • the use of the worst case scenario; • the identification of the maximum volumes expected of different classes (or types) of hazardous materials or waste; • the identification of the physical and chemical characteristics of the waste that will be handled; • a discussion of the size and composition of any residential or populated areas nearby and the potential for impacting these areas; • an evaluation of the. potential impacts to air quality, water resources, vegetation and :•:''•dlife; • an evaluation of the project's effect on immobile populations; • the analyses of emergency, response capabilities; • the evaluation of different transportation options; and • a discussion of the design of the facility with regard to protection of the human health and the environment. 1 -16 T � 6. The amount of land necessary to accommodate a hazardous waste facility should be determined based on a thorough assessment of risk to public health and safety. The land areas specified for the different types of facilities in the DOHS Guidelines should only be used as a guide (Table Three of Chapter 7). 7. Hazardous waste mana9ement facilities, other than residuals repositories, are basically facilities which, for the most part, are compatible with industrial uses. These facilities may be sited in industrial and commercial zones subject to the approval of a conditional use permit if found to be compatible with the existing permitted uses and if the siting criteria have been. met. These facilities may not, however, be appropriate for light commercially-zoned areas. J 8. Residuals repositories require large land areas; thus, it is not practical or economical to site them in industrial and commercial zones. Since these facilities are long-term uses of land, they: are better. suited to being located in rural areas in an appropriate zone. 9. Department of Defense military land shall not be considered for the establishment of multi-user, offsite, hazardous waste facilities. 10. The siting criteria shall be used in determining the suitability of lands within state and federal lands. 11 . Residuals repositories can have self-sufficient services, succi ^s Je water and septic systems and emergency services. Any proposal fcr a residuals repository must identify the demand for water, sewage disposal and utility systems, discuss the design of these systems and discuss the type of conservation measures incorporated in the project design. In addition, the water, sewage disposal and utility systems shall be designed with regard for the protection of significant environmental resources. 12. All hazardous waste facilities shall comply with APCD rules and regulations and be consistent with the Air Quality Attainment Plan. 13. Applications for hazardous waste facilities shall include an assessment of the project's impact on air quality, including an analyses of whether emissions from the facility would significantly contribute to the nonattainment of standards, consideration of mitigation measures and provide an analyses of the projected emissions associated with -:he transport of materials out of the county. 1 - 17 14. Architectural and visual analyses shall be required when siting -� facilities to protect views and vistas, ridgelines, coastlines, etc. Architectural review criteria shall be applicable to all proposed facilities. CHAPTER 10 TRANSPORTATION This chapter discusses legislation concerning hazardous waste transport and the adequacy of the existing hazardous waste transportation system in the County. This chapter contains goals and policies to be used as starting points for local jurisdictions to consider when selecting connector routes between proposed treatment, storage and disposal (TSD) facilities and the major transportation routes in the region. The intent of these policies is to provide rules that facility developers will have to comply with when considering general areas for development. The designation of preferred routes should be part of the project review process for facility applications. Sections 31304 and 31305 of the California Vehicle Code, which became effective on January 1 , 1987, describe the limits on the authority of cities and counties to restrict or prohibit transportation of hazardous waste or material on specified highways under local control. The local jurisdiction must meet the following requirements: 1 ) It must be demonstrated that the restricted or prohibited route is less safe than a reasonable alternative route; 2) The restriction or prohibition must not be precluded by federal law; 3) The restriction or prohibition must not eliminate necessary access to local pickup or delivery consistent with safe vehicular operation; or does not restrict or prohibit when no other lawful alternative exists; 4) Surrounding jurisdictions must concur, in writing, that the restrictions or prohibitions do not interfere with through transportation. The California Highway Patrol may preempt any local restriction that is incompatible with reasonable and necessary access. Adversely affected motor carriers may appeal local restrictions to the California Highway Patrol. Transportation Goals To ensure the safe transportation of hazardous waste from the source of generation to the point of ultimate disposal. 1 - 18 To ensure that existing hazardous waste transportation laws and C, regulations are vigorously enforced in order to protect the public health and safety and environmental integrity of San Luis Obispo County, and California. Transportation Objectives 1) To provide hazardous waste transportation guidelines for local generators in order to protect the public health and. safety. 2) To provide potential applicants for treatment, storage and disposal facility permits with policies that must be complied with when considering general areas for development. Transportation Policies Any educational program, undertaken by an operator or potential operator of a hazardous waste treatment,. storage or disposal facility, must include information on transportation regulations, -requirements, and local policies. San Luis Obispo County . shall encourage and promote onsite ,treatment and recycling in order to reduce the volumes of hazardous waste that must be transported. CWhenever possible, routes connecting hazardous waste treatment, storage or disposal (TSD) facilities and major state 'and' federal highways shall: a) be by the shortt�st available route that its consistent with other policies; b) shall not pass by schools or institutions with a non-mobile population such as hospitals and the like; c) Operators of milkruns for the collection of hazardous waste from local generators shall only use designated truck transportation routes and shall not use residential or neighborhood streets unless those minor roadways provide the only reasonable access to the generator. Applicants for hazardous waste treatment, storage or disposal (TSD) facilities shall prepare a transportation and safety plan, as part of the land use application proce-s, outlining safety feature.5 and procedures to be used by the facility operator and hazardous waste- haulers to protect the public during the 'transportation process. Applicants shall undertake all studies necessary to determine the impact on the local .and regional transportation system caused by the transportation of hazardous materials to the proposed TSD facility. 1 -19 (� -a s Applicants for TSD facilities may be responsible for all transportation improvements necessary to mitigate the impacts caused by the transportation of hazardous materials to the facility. CHAPTER 11 IMPLEMENTATION This chapter summarizes the activities and programs necessary to begin the development of a system for hazardous waste management in San Luis Obispo County. In general terms, the following are necessary to ensure the proper management of hazardous waste: • educate the general public and local industries by gathering and distributing information about hazardous waste; • develop proper disposal options for household hazardous waste; • reduce the volumes and toxicity of the hazardous waste produced; • provide proper locations for new or expanding industries that use hazardous material or generate hazardous waste; and • insure that new industries implement feasible waste reduction measures and disposal options. In addition to these activities city and county General Plans, Zoning Ordinances, and Discretionary Permit application processes need to be modified prior to CHWMP adoption in order to implement the CHWMP. The following are some suggested implementation measures whose intent is to ensure compatibility of land uses and to protect residential uses from risks due to unnecessary exposure to hazardous material and waste. Adopt local ordinances that incorporate siting criteria for application to existing industries. Some industries that generate hazardous waste or handle hazardous materials may be located in inappropriate locations. These industries may. be considered "non- conforming uses." Incorporate siting criteria for offsite treatment, storage, and disposal facilities and develop guidelines that identify the content requirements of hazardous waste facility applications, outline the permit process and discuss the environmental review process for these facilities. ° Modify the permitted uses allowed under thehome occupation category. Some types of "home occupations" such as pest control operations, pool chemical suppliers, furniture stripping and the like, may be inappropriate in residential areas because these occupations may involve storage of large quantities of dangerous types of hazardous material in close proximity to residences. r-. ' 1 1 -20 I Changes to administrative .procedures for project review and amendments to zoning ordinances and general plans should be accomplished within 180 days after after DOHS approval of the CHWMP. Existing Inspection, Technical Assistance, and Enforcement Activities At the present time each of the following local agencies is involved with either inspection, technical assistance, or enforcement activities associated with the regulation of hazardous waste and/or material within San Luis Obispo County: - San Luis Obispo County Health Department, Environmental Health Division = San Luis Obispo City Fire Department - SarL Luis Obispo City Public Works Department; Wastewater Treatment Control San Luis Obispo County Agricultural Commissioner Airi Pollution Control District Recommendations for Inspection, Technical Assistance, ;and Enforcement Activities C ) The inspection and enforcement activities of the various local agencies should be coordinated and integrated in order to better serve the public and industry, and to make it easier for each agency to -accomp.lish its regulatory. requirements. 1 . Establish .review early in the project planning process by all affected agencies 2. Review new projects that involve the storage of hazardous materials or the generation of hazardous waste. S. Final inspections of the project should be coordinated with Environmental Health staff and the Building and Fire Departments. Approval Process for Hazardous Waste Management Plans ° Approval process for the CHWMP requires the approval of the Board of Supervisors and the majority of the cities with a majority of the population. ° Thee draft plan was submitted to the Department of Health Services by March 31 , 1988. It was returned with comments on July 7, 1988. ° Public hearings on the draft plan were held by the Board of Supervisors, the city councils of six of the seven incorporated cities, and the Waste Management Commission. 1 -21 ° The final approved CHWMP is due to the Department of Health Services by February 1 , 1989. SB 477, (Greene, 1987) SB 477 (Greene,1987) deletes the identification of specific sites for new facilities and relies instead on the identification of general areas for hazardous waste management facilities. SB 477 extends the deadline from 90 to 180 days for the adoption of local ordinances that require that land use decisions be consistent with the portions of the plan which identify general areas or siting criteria for hazardous waste facilities. SB 477 also allows individual cities to adopt more stringent planning requirements or siting criteria than those specified in the County Plan, so long as they are reasonable and non-exclusionary. The Local Assessment Committee ` (LAC) and the Evaluation .f TSDF Applications The LAC is charged with determining whether, and under what conditions, the particular TSDF application is consistent with the CHWtviP and acceptable to local land use decision-making authorities. Within 90 days after receiving notification of the filing of a notice of intent by the facility applicant, the legislative body of the affect-.-d jurisdiction shall appoint a seven member LAC. The membership .of the LAC shall be broadly constituted to reflect the makeup of the community, and shall include three representative of the community at large, two representative of environmental or community interest groups and two representatives of affected businesses or industries. Members of the LAC shall have no direct interest in the proposed specified hazardous waste facility project. CHAPTER 12 EMERGENCY RESPONSE This chapter provides an overview of the existing San Luis Obispo County Hazardous Materials Emergency Response (ER) Plan and the accompanying Countywide Resource List. for emergency response. This chapter also contains recommendations for additional local measures that may be necessary in the event that hazardous waste treatment, storage and disposal (TSD) facilities are actually constructed in the county. Overview of County Emergency Response Plan This plan was developed by the San Luis Obispo County Office of Emergency Services and adopted by San Luis Obispo County in July of 1985. The Hazardous Materials Emergency Response Plan (ERP), (Appendix 13-1) 1 -22 and the accompanying Countywide Resource List (Appendix 13-2) are for use by local agencies and the private sector in the event of a hazardous materials or waste emergency in the unincorporated areas of the county. The purpose of the ERP is to establish the County's response organization, command authority, responsibilities, functions and inter-actions required to mitigate hazardous materials emergencies in the unincorporated areas of the county. The ERP identifies areas of local, state and federal responsibility to minimize damage to human health, natural systems, and property caused by the release of hazardous materials. Local responsibilities are principally focused on discovery, notification, evaluation, initiation of immediate protective actions, and monitoring of recovery operations. Hazard Assessment San Luis Obispo County, a+pile generally rural and without .large industrial complexes does contain major north/south transportation arteries, such as US 101 and Southern Pacific Railroad, each transporting hundreds of thousands of tons of hazardous materials through sand into the county each year. The county is highly exposed to the effects of a major catastrophic emergency due to the proximity of US 101 and the railroad to densely populated areas of the county. In addition, the major east/west traffic routes of the county, Highways 41 , 46 and 166 are used for a C smaller volume of traffic but over a more hazardous route. US 101 and Highways 46 and 166 are :aed for a large volume of transportation ' of hazardous waste because of the statewide dependence on the Casmalia and Kettleman Hills hazardous via.+..e landfills. For incidents completely outside the jurisdiction of the ER Plan, i.e., within the incorporated cities, the IC authority resides with the individual jurisdiction. The responding personnel may be limited to city police and fire departments augmented by other city police and fire departments with whom the individual city has mutual aid agreements. Recommendations The County ER Plan has been adopted by the County and in a modified form by the City of San Luis Obispo; but not by the other incorporated cities within the county. There are mutual aid agreements in force among the police and fire departments. It is recommended that these cities that have not adopted an ER Plan consider using the County ER Plan as a model, and enter into countywide 1 -23 -oa7 mutual aid agreements on a broader basis in order to ensure emergency response capabilities within all local jurisdictions. Suggested Policy Statement The following suggested policy statement is intended to ensure that local emergency response capabilities are improved as new facilities are established: All treatment, storage and disposal facilities should supply to the nearest local response agency, such as the local Fire Department, all the necessary equipment and training for emergency response that becomes necessary due to the operation of the facility. CHAPTER 13 STORAGE REGULATIONS This chapter presents a brief discussion of storage regulations and their implementation in San Luis Obispo County. Proper storage of waste is an integral part of safe and responsible management of hazardous waste. Several different agencies regulate storage, depending on the type of storage method used and the characteristics of the hazardous substance stored. In many cases, regulations corer both hazardous material and hazardous waste. The intent of storage regulations is to prevent the contamination of the - environment by release of hazardous waste. or material into the air, water, or soil. Regulations Regulations and programs for hazardous waste/material storage can be separated into three general categories: Regulations and programs for underground tanks; •Regulations for all methods of storage under the Full Disclosure Law; -Regulations which place time limitations on storage of hazardous Existing Programs for Hazardous Waste and Materials Storage *Underground Tanks Both the Eng.i►onmental Health Division (EHD) of the San Luis Obispo County Health Agency and the San Luis Obispo Fire Department (for tanks within the City of San Luis Obispo) require permits to be issued for underground hazardous materials storage tanks. Permits are required to abandon an underground tank. Both of these agencies submit monthly site 1 -24 J, mitigation reports on the status of leaking underground storage tanks to the Regional Water Quality Control Board (RWQCB). The underground tank program is supported through the use of fees applied to the businesses and industries that use underground tanks. The fee is based on the number of tanks used by the business. •Full Disclosure Law The EHD is the administering agency for the implementation of the Full Disclosure Law, AB 2185/2187 (Waters, 1985,87), for the entire county, except for within the city limits of San Luis Obispo where the City Fire Department is the responsible agency. Inspections will be conducted by the Hazardous Materials Specialists currently responsible for . the underground tank program andfor incident response to hazardous materials or waste emergencies. Additionally, as provided by AB 2185/87 (Waters, 1985,87); the County Department of Agriculture wilkbe accepting hazardous materials inventories, conducting site, inspections ..and forwarding--the information to the County Health Department, .Division. of Environmental Health. A Memorandum of Regulatory Authority is' in process. The costs of implementing the Full Disclosure Law are recovered through the use of plan review fees that are based on the number, and volume of chemicals a business handles. There is no general fund support for this program. The information collected through .the AB 2185/2187 (Waters, 1985,87) program-,will be made available to those agencies responsible for reacting to a hazardous materials or waste emergency. Businesses will be required to keep a copy of their complete Business Plans, including emergency response procedures, onsite and available for use at all times. The public may request in writing certain information about .a facility. The record for the facility will be reviewed by the EHD for trade secrets or other proprietary information. If appropriate, EHD will release the requested information. There will be no direct access to files or computer records by the general public. Certain categories of industry offer the greatest , potential for waste minimization-.methods and represent the greater threat of incidents from improper storage and handling of hazardous materials and waste. It is recommended that inspecting agencies undertake a coordinated effort to use the information contained elsewhere in this plan and their own information to establish a priority system for regulatory enforcement. 1 -25 Cl/ Programs for inspection of hazardous materials and waste storage are -� being administered by several local agencies. In addition, other local agencies, such as sanitation districts and the Regional Water Quality Control Board, may be gathering complementary information. It is recommended that these agencies investigate the feasibility of developing a comprehensive data base to incorporate the information gathered by each agency. This data base should assist in the coordination of efforts of the various agencies and provide better, more up-to-date information than each agency would have available on its own. CHAPTER 14 CONTAMINATED SITES This chapter attempts to analyze the volumes of hazardous waste that will be generated by cleanup efforts by the year 2000. The total amount of hazardous waste estimated to be generated by site cleanups by the year 2000 is 3371 .8 tons, approximately 167 tons from the cleanup of leaking underground tanks, . 3205 tons from the closure of toxic pits (based on a worse case scenario), and an unknown amount from the cleanup of two Bond Expenditure Plan sites. Appendix 14-1 lists the known co,itaminated sites within San Luis Obispo County. CHAPTER 15 SMALL QUANTITY GENERATORS (SOG) This chapter discusses the hazardous waste management problems of the small quantity generator and also contains estimates of the quantities and types. of hazardous waste generated from Small Quantity Generators (SQG). This information is used in Chapters Four, Five, and Six to estimate current and projected hazardous 'waste. generation and Treatnient, Storage, and Disposal Facility Capacity Shortfall. Most of the local SQG are involved in service industries such as dry cleaning, vehicle maintenance, printing, photographic processing, and analytical and clinical laboratories. The construction industry forms another large component of the local SQG. The analysis and methodology used to estimate hazardous waste produced by small quantity generators are likely to produce only a rough approximation and overestimate the actual characteristics of San Luis Obispo County's waste from SQG. An important objective of th?s first planning effort is to develop improved estimation methods and data sources that will be available for future plan updates. The more accurate the understanding of the extent of the hazardous waste management problem, the better the understanding of the treatment, storage and 1 -26 disposal facilities necessary to properly manage hazardous waste locally and statewide. While there are a large number of small quantity generators, SQG usually produce a small percentage of the total hazardous waste from industrial sources. However, despite their small contribution to the total quantity of hazardous waste produced, the impact on human health and the environment from the waste produced by SQG is a cause for concern for the following reasons: 1 ) the characteristics of the waste produced by SQG can have the potential to be very hazardous; 2) many of these generators may be involved in illegal disposal practices; 3) due to the services that they provide, small quantity generators tend to be located closer to reside:-I:ial neighborhoods than large quantity generators. A lack of information and understanding of regulations may be a primary reason why the small quantity generators engage in disposal practices that are not in compliance with regulatory ' requirements. Whereas large companies can afford to hire consultants or special. employees to deal with hazardous waste management and regulations, the C SQG often_ cannot afford these special services. The high cost of proper disposal is another major factor for r mall quantity generators. There are usually economies of scale associated with disposal costs that are not available for the SQG. Often while It may be technologically feasible to treat or recycle hazardous waste onsite, the cost is often prohibitive for the SQG because there is not enough volume to support the investment. Due to the extremely competitive environment in which many small businesses exist, they often cannot afford the cost of regulatory compliance as it now exists. A third reason for the improper disposal practices of many small quantity generators is the lack of stringent enforcement of existing regulations. Due to the large number of SQG it is very difficult for regulatory agencies to monitor the disposal practices of small generators. For small generators, the costs of regulaiiiry compliance often outweigh the costs of noncompliance. There may be a perception among SQG that their waste can be disposed of illegally without much risk of detection. From the operator's perspective, it may be less costly for the small quantity generator to dispose of waste illegally than to pay the costs of ;�. proper disposal. i 1 -27 , Table 15-1 summarizes the information in Appendix 15-3 and contains the estimates of the types and quantities of hazardous waste generated by local Small Quantity Generators according to the California. Waste Group classification. TABLE 15-1 CURRENT ESTIMATED SAN LUIS OBISPO COUNTY SOG WASTE GENERATION BY CALIFORNIA WASTE GROUP California Waste Group Quantity (CWG#) (MT/YR. Metric Tons ner Year)" 1 . Waste Oil 1369.40 2. Halogenated Solvents 5.97 3. Non-Halogenated Solvents 97.59 4. Organic Liquids 4.73 5. Pesticides 27.12' 6. Dioxins 0 7. Oily Sludges 0 8. Halogenated Organic Sludges &Solids .88 9. Non-Halogenated Organic Sludges and Solvents 47.58 to. Dye and Paint Sludges and resins 25.44 11 . Metal-Containing Liquids 22.08 12. Metal-Containing Sludges .31 13. Cyanide and Metal-Containing Liquids 36.19 14. Non-Metallic Inorganic Liquids 21 .74 15. Non-Metallic Inorganic Sludges 0 16. Soil 0 17. Miscellaneous Waste 368.93 TOTAL, with waste oil 2028.54 MT/TR In reviewing the way this figure was calculated, the Agricultural Commissioner's office believes this estimate is unrealistically high based on proper pesticide container disposal methods that result in the containers not being classified as waste. The number of significant figures is for calculation purposes only and is not meant to reflect the level of accuracy of the methodology. Even though the above analysis is only a first attempt to characterize the local SQG waste stream, the analysis may serve as an initial guide to enforcement and data collection efforts by providing some 1 -28 indication of which industries are likely to produce the most waste and what types of waste they produce. It may prove beneficial for local governments to target certain industrial sectors of the local economy with the intent to promote waste reduction, ensure regulatory compliance, and improve the understanding of the County hazardous waste stream for future plan updates. It is more difficult to apply waste reduction techniques to Small Quantity Generators than to industries that generate large quantities of hazardous waste. Most SQGs lack both the financial resources needed to invest in waste reduction equipment and the technical expertise often necessary to implement waste reduction. Often the individual business does not produce sufficient quantities of hazardous waste to make such capital improvements cost effective. However, owners and operators of small businesses need help to get started in compliance activities, .to . assess feasibility of waste reduction and minimization programs, and to become familiar with various recycling technologies. The following local policies should provide a framework for addressing . the hazardous waste management needs and problems of the small quantity generator. The policies are based on the following goals: C Goals 1 . In recognition of the serious potential threat to human health ,and the environment posed by improper handling and disposal of the Hazardous waste produced by small quantity generators, it is the goal of San. Luis Obispo County to promote safe management practices and to emphasize waste reduction among local small quantity generators. 2. Initial local programs for small quantity generators should be designed to reach those categories of generators who are responsible for the largest volumes of hazardous waste in order to achieve the greatest waste reduction for the least cost. 3 . The priorities for waste management strategies are the following: A) Source reduction; B) Recycling; C) Onsite treatment; D) Transport to an offsite facility for recycling or treatment; E) Disposal. 4. In order to contain the growth of the local hazardous waste management problem, the County's goal is to ensure that waste _ . 1 -29 - 30 1 minimization and proper waste management practices for new county businesses be considered as part of the project review and permitting process. 5 . An important goal of this first planning effort is to develop improved estimation methods and data sources that will be available for future plan updates. Objectives 1 . The County should assess the specific technical, financial and informational needs of local small quantity generators in order to determine the most beneficial programs to adopt to assist small quantity generators. 2. The County should determine the location of small quantity generators, the types and quantities of hazardous waste produced, the types of industrial or business processes that are producing hazardous waste and the current local waste management practices a.nd needs. Policies 1 Measures and programs that promote reduction or minimization of hazardous waste shall have priority over other wasste management techniques. 2. In recognition of the fact that some waste . streams from small quantity generators will require transport to recycling, treatment, storage or disposal facilities, the County should encourage the establishment of transfer stations at appropriate locations within the County and should encourage the establishment of route collection services for local small quantity generators of hazardous waste. 3 . Prior to the issuance of a land use permit for any new commercial or industrial facility that will generate hazardous waste, the County or city should determine whether proposed waste handling and disposal practices will be in compliance with existing County, State and federal regulations. A waste minimization plan should be required as part of the County's or city's land use permit application. CHAPTER 16 HOUSEHOLD HAZARDOUS WASTE (HHW) This chapter outlines the, extent of the local household hazardous waste problem and contains suggested goals, objectives, policies, programs, and funding sources to use to address the local situation. 1 -30 i Household hazardous waste (HHW) is that waste material from - products and/or commodities purchased by the general public for household use which have the potential to cause injury or illness to people or the environment if improperly used, stored, or disposed of. Examples of household hazardous waste include pesticides, paint supplies, antifreeze, solvents, photographic chemicals, flea powders, cleaning compounds, swimming pool chemicals, varnishes and automotive oils such as crank case oils or brake fluids. Household hazardous waste is often disposed of into sewer systems, septic tanks or to local solid waste landfills with other household refuse. The contamination of the solid waste stream by household hazardous waste represents a potentially grave threat to the environmental integrity of the typical solid waste landfill. A California Department of 'Health Services' report to the Legislature suggests that households may be,, the; single largest producer of hazardous waste at an estimated generation of 2-3 gallons of waste per year per person. When discharged into sewers, hazardous waste may interfere with the bacterial, balance of the. sewage treatment plant and result in the release of untreated or undertreated sewage into rivers and oceans. When hazardous waste is disposed of in. municipal landfills, they may accumulate and leach into -the .groundwater, Cvent into the air as hazardous emissions, or disrupt the biological decomposition of refuse. The increased incidence of adverse health effects: and the environmental damage resulting from the improper disposal of household hazardous waste has heightened public awareness and is stimulating many communities to take action. The most common activity undertaken by local jurisdictions is to sponsor household hazardous waste collection programs. These programs are intended to divert hazardous waste from the typical municipal solid waste stream by providing residents with an alternative to landfill burial or sewage disposal. The experience of other jurisdictions shows the following:. • HHW collection events are expensive. Typically, the average HHW collection event costs approximately one dollar per person residing in the jurisdiction while attendance at events typically is about one percent. • HHW collection events inevitably attract waste from the business or industrial sector. Small-quantity generators of hazardous waste often use these events as an opportunity to discard their waste at no costs to 1 -31 -- I themselves. The lack of economical, available programs for small industrial producers of hazardous waste leads them to use HHW events. _J • Permanent collection facilities at landfills, wastewater treatment plants, fire stations, local Environmental Health facilities, new or existing hazardous waste treatment, storage, or disposal facilities may offer a more cost-effective approach and augment periodic HHW collection events. • Recyclable waste oils and paints typically constitute about 50 to 65% of the hazardous waste collected at HHW collection events. Separate collection programs for these two components of the HHW stream may offer significant cost savings. The recycling arrangement May require the local jurisdiction to buy back the paints recycled. The recycled paint might be donated to local charitable organizations, community service groups, or used for normal building maintenance within the local jurisdiction. • Public education efforts are a vital ingredient in any effective HHW effort. Public education programs should encourage the public to: 1 . Buy non-hazardous products or use alternative methods when there. is a choice; 2. If hazardous materials and products must be used, then encourage the general public to buy only the amounts that they need, and use up what they have in a safe manner; and 3. Encourage the public to give unneeded products to someone who can use them instead of storing unneeded household hazardous materials for extended periods of time or disposing of them improperly. Public education efforts can reduce the need for hazardous waste facilities by promoting the use of non-hazardous product alternatives - or by reducing the generation of household hazardous waste. Goals To ensure the safe disposal of household hazardous waste in order to protect the public health and safety and environmental integrity of 'San Luis Obispo County and the State of California . To increase public awareness of the prevalence of the toxic products in the home and every day life. 1 -32 �-, These goals can be achieved by: 1 . Establishing an integrated system of flexible, affordable, environmentally sound programs for the management of HHW; 2. Establishing specific local programs for potentially recyclable household hazardous waste such as waste oils, oil and water based paints, and automotive batteries; and 3. Developing an educational program to promote the understanding among the general public of the serious environmental and financial consequences that are the result of the improper disposal of household hazardous waste. Policies San Luis Obispo County shall encourage and promote the development of Household Hazardous Waste Educational Programs. San Luis Obispo County shall encourage and promote the development .of household hazardous waste collection and temporary storage facilities within the county. Household hazardous waste management collection and temporary storage facilities shall be required to be constructed in a manner which minimizes any threats to the environment and the general public. State Legislation for Funding HHW Programs C AB 1809 (Tanner, 1985): Cities and counties .are authorized to increase their solid waste collection fees in order to cover the costs for the establishment, publicity and maintenance of household hazardous waste management program. AB 1744 (Wright, 1986): Public agencies and persons acting under contract with a public agency(s), who are operating a household hazardous waste collection program, are exempt from long-term liability per the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA). The bill also exempts public agencies from paying "California Superfund" taxes on waste collected as a part of a voluntary hazardous waste collection program. AB 2448 (Eastin, 1987): The bill authorizes grants of funds for establishing collection -systems to ensure that hazardous waste including, but not limited to, household hazardous waste, is not improperly disposed of in local solid waste landfills. The bill would authorize any county to adopt a schedule of fees to be collected from each solid waste operator operating within the county or 1 -33 C within a city in the county. The fees shall be established in an amount sufficient to pay only those reasonable and necessary costs for the preparation, operation, maintenance and administration of a program to ensure that hazardous waste is not improperly disposed of in a solid waste landfill. Existing Household Hazardous Waste Management San Luis Obispo County does not have mandatory garbage collection in the unincorporated areas. Large, sparsely populated areas of the County are not serviced by private garbage collection firms. Surcharges on garbage collections, used to finance household waste management programs, as authorized by AB 1809 (Tanner, 1985), would require the residents of the incorporated areas of the county to subsidize a portion of the. residents of the unincorporated areas. In effect, only the cities and a portion of the residents of the unincorporated areas can be taxed through garbage surcharges. At the present time there is one county program for the management of household pesticide hazardous waste. The program is operated by the San Luis Obispo County Agricultural Commissioner's Office, The program consists of a drop off location for household pesticide hazardous waste at the Agricultural Yard on Kansas Avenue off Highway 1 , approximately 3 miles east of the City of San Luis Obispo The program became operational J in the Spring of 1988. The program has sufficient funding for the disposal of 64 drums of hazardous household pesticide waste at a Class I landfill. ECOSLO of San Luis Obispo, a local non-profit recycling center also accepts waste oil from the general public at no charge as a community service. ECOSLO has the capacity to hold up to 1000 gallons of waste oil in an above-ground storage tank. ECOSLO has developed a list of all businesses within the county who will accept waste oils from the general public and how much they charge for the service. ECOSLO was awarded $10,000 of SB 959 (Hart, 1986) funds to expand its waste. oil recycling program. Four additional dropsites will be established in Arroyo Grande, Morro Bay, Atascadero and Paso Robles where residents can dispose of waste oil at no charge. A substantial amount of the grant monies will be used to promote the program and educate the public of the need to dispose of waste oil properly. The City of Morro Bay held a household hazardous waste collection event on June 6, 1987. The program was financed through a one-time 1 -34 1 C, contribution from the City General Fund. The event had a participation of 1 .8% of the households in the city. Thirty-four 55-gallon drums of hazardous waste were removed to Casmalia for disposal. The cost of this one-time effort was approximately $11 ,000. The existing programs in the county consist of one city-sponsored, one- time collection event and one program for pesticides. It is apparent that these existing efforts are inadequate to remove the hazardous waste portion from the municipal solid waste stream. There is a growing gap between the hazardous waste disposal services available and the demand for such services that is being. created by legislative mandates against present disposal practices. Program Proposals -Establish specific programs for potentially recyclable household hazardous waste such as waste oils, paints, batteries, etc. These programs should cost less because the waste is recyclable. This waste represents about 65% of the HHW problem. ' -Establish a continuing program of public education. The collection and distribution of information is a relatively low-cst effort that. should Cbe emphasized in early efforts. *Establish permanent household hazardous dr;:; off sites at all the public . solid-waste landfills and transfer stations in the county. The City of Santa Maria operates a hazardous waste dropsite at, the municipal landfill at a cost of about $5,000 per month. *Establish a series of county-wide household hazardous waste round- up events. A county-wide collection event may attract, at a participation rate of 1 .5%, about 1 ,100 households and cost approximately $140,000. This estimate of the cost does not include staff time and administration costs for organizing an event or the costs to publicize an event. *Require all new, offsite, multiuser, hazardous waste treatment, storage or disposal facilities that serve the general - public to also serve as household hazardous waste drop-off sites. *Encourage the formation of a privately operated, door-to-door, household hazardous waste collection system. This would offer a high- cost disposal option for households willing to pay for the service. 1 -35 Cp - 3Z Funding Options The following are suggested funding options for local jurisdictions to pursue in an effort to implement household hazardous waste management programs. • County-Wide Tax Assessment District: Establishing a county-wide tax assessment district would provide a source of income through assessment of-property taxes on residential property. A special tax assessment requires approval by 2/3 majority of the voters and the assessment is determined by the benefit received by each parcel. • Increased Refuse Collection Fees: AB 1809 (Tanner, 1985) authorizes local jurisdictions to increase solid waste collection fees in order to fund the establishment, publicity, and maintenance of household hazardous waste collection events. This may either be' done by assessing each refuse collection company based on the total number of accounts, residential and commercial, or based only on the residential accounts. Residential garbage accounts only include single dwellings; multi-unit dwellings such as apartments and condominiums are classified as commercial accounts. If a county-wide system of household hazardous waste collection programs is not established, cities within the county may utilize this funding mechanism in order to establish their own programs. • Increased Solid Waste Landfill Fees: This funding option would add a surcharge to landfill tipping fees for commercial and private vehicles. • Grants AB 2448 (Eastin, 1987) will provide State funding for HHW programs. Guidelines and applications will be available for State grants around July of 1989. The State grants will be available in late 1989 or early 1990. Additional grants may become available. • Public/Private Donations and In-Kind Contributions (of Labor, Materials and/or Equipment): Costs associated with a household collection program can be substantially reduced through the cooperation and financial support of businesses and civic groups. • General Fund: This can include funding from the general tax revenue of an incorporated city or a county or a combination of monies from general funds from both incorporated cities and county. 1 -36 • Toxic Substances Fee or State Excise Tax: Such a fee or tax could be imposed on household products containing toxic chemicals. The monies could be used to finance safe disposal of HHW_ The disposal costs would then be paid by those who profit from the use of such products. s 1 -37 ATTACHMENT 4 ENVIRONMENTALLY PREFERRED ALTERATIVE The major elements of this alternative include the following: Elimination of Study Areas 2 and 3 from the proposed general areas due to geologic, hydrologic, and topographic constraints (Study Area 2), access limitations due to existing traffic and/or road conditions (Study Area 2), distance from the urbanized areas of the county where hazardous wastes are generated (Study Areas 2 and 3) and proximity to urbanized area (Santa Maria) which could be affected by toxic air emissions (Study Area 3); - Reduction in size of Study Area 1 to include only the central-western portion (approximately 450 acres) where the topography is more level (see Figure XV.1) and where lands are located outside the 100-year flood plain. - Restriction of Study Area 4 to storage/transfer facilities only. - Reduction of the size of Study area 5 (to approximately 1,090 acres) to include eastern portion (see Figure XV.4) and restriction to storage/transfer facilities only. - Restriction of Study Areas 7 and 8 to storage/transfer facilities only, due to their current use as a landfill, isolation from other industrial areas, and easy accessibility from urbanized portions of San Luis Obispo County (via Highways 101, 46 and 227). jeff JH:tb\mm 3 5� w / / �! �; • EIR FIGURE 111 .21 .a pP 4� N l trJ •1�:: co C :f �3•-•-n a •�r:;:� ;.?.1,� , `�•CI �.� .;�.<'6::f: !{ to yy I �'i:• Is cl Am Yj r ` 117.1' ,- 'I!( t•'' I r, h !a �• ', 'ems - xf .r .! ��+ `( \ate �,4�; ���._, ') �, Y ...-.•. 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O: ��" 1 1 J NO. �i / e• �� 1ITT 1 I Z Ck Q N "�+.• i., r�, ¢ ip eek / • 1 .�.v y0. .f • r n a37 ENGINEERING—SCIENCE EIR FIGURE 111.4 p =s== V - 30 /,; f ' � � ' •�- _____P__'/ 1 _�'��f� _.tib �� r I\'I�' �\u A� \\\� ♦ me 1 / !/'_~ 1.�.. �/ '�\ 1/ 1 � ar STUDY AREA (\1�Ci� 0 BOUNDARIES ' .j / ` ___ ��` 1z' _-Aev=t qc_ —___ �1 ec_\=cx=v��� _� /•� ' 1 11 ( % / I cp = - �11 = e= _ �'„ \ L'.—= :' _�� '�' cid ✓ / r ,by"' ^`�-il I ii =___� , '1'17 <___` l / r � �'•:� r/ _ / l,, ;IIIA' .� ��' '1 E Im �' ,� • of I� '� / Ic .r, SO STUDY AREA NUMBER 5 —3 Fr SOUTH COUNTY INDUSTRIAL AREA I 1sI 3000 SCALE IN FEET EIR FIGURE 111.5 STUDY AREAi BOUNDARIES ti� •, 783 n � � —�, 1� \ 1:_�==__�,: / windmill •\ 11,\ \�app�ti; - \ `�'`�_ vL_. :z�� s 7 ;C -----------lk- am -- - - -, _ ~'- 0 ' ` I cc 8 �- cwlndmdlas ?� � I • Tank• �!"' 1/ al C;t} 427 �I wI/ 'Z V'I ' PASO ROBLES-- \ ; "` so De Robles i �. I ` '=a MUNICIPAL AIRPORT PASO ROBLES [ tAiy - MjJNICI AIRPORT Z � J I� J13 — � 1 V �� 1711,7 AIRPORT AND 100� • � Maniano 00 � — � �/, \� vm as=r • SC �,` �� / I •es \ a24" , I q a65• I e 0 o i vi M STUDY AREA NUMBER 6 (� 01500 3000 PASO ROBLES AIRPORT AREA I I SCALE I N FEET ENGINEERING-SCIENCE _ EIR FIGURE 111.6 •,I'00 _ STUDY AREAS BOUNDARIES f� _ y� \ owinw,s '- , ,a _ - •�- `- � ' hitl .Gardens''i -_`_ •/oe - O` x999 s 0 -�\\ _ r, �_ st 100 ^I , .l• -� r O �!' %-. is -���SI���M t� �,�.;`� pi. �tri.%^ ,NaE �v '''� /�'�y""�. Ih � �``\��',•-y� '11/ - ,�^�. �`c���� 'b 11��1 Irk, �r, \\. ;:Z-" 0"' `.x.,11 i Imo,•i \T u ��ry / STUDY AREA NUMBER 7 PASO ROBLES LANDFILL AREA N (T 7 0 1500 3000 I I r SCALE IN FEET EIR FIGURE 111.7 40 «. ° Edna •° q � 9 i n u .aaz: BM 237 q e4 f My eti...'e.•. a -2&0 7 60 300 •p 1 242 o STUDY AREA � ' Well ` "'�� _— 360 _ - BOUNDARIES N -- LT D E --- •� .�8 / „p e _ ' . ,'r' 345/N — 'EXISTING e4 =e :J90 p 2 / w �7e /LANDFILL `" —. n It 'moo � `y NQ'NO ILS O ZOO ob e o'^`� f' �1L ('.�' V`,`J�`.�1L•�A,• DO _ Verde C�ea''ea. \ r n., .�% O �o"Wt1f5 �'._. /'� �:,w1^.�.�• i Q�616 •17271 b � j �� .�,lil '6s O 3• tp ( Q i/v( '," f `/ � i_ `- ,`..n�_ � I.O ... l-I- e¢ a `• 4' --a _ _� .•�� •. - _ � -- 'L`'� `� _ �1 ir— J a Q o/: ' -\ spm °>�--�-�..�%j i''" ,:e.�'�) e _ � _` •.� _- _ � _�., f ,.fib :.< 67T• 52 — 600 •e _ '-� /\ I`400 STUDY AREA NUMBER S COLD CANYON LANDFILL AREA 0 1500 3000 I -4 / SCALE IN FEET ENGINEERING—SCIENCE