Clayton Municipal Code Ch. 8.05 Offsite Hazardous Waste Facility Compliance with County Hazardous Waste…

This article is enacted pursuant to Health and Safety Code §§ 25135.4 and 25135.7, concerning the siting of offsite hazardous waste facilities.

(Ord. 293, § 2, 1992)

A. General. Unless otherwise specified in this section or indicated by the Context, the terms used in this article have the meanings ascribed to them in State Health and Safety Code Chapter 6.5.

B. "County Hazardous Waste Management Plan" means the county hazardous waste management plan adopted by the Board of Supervisors on August 29, 1989 and amended by the Board of Supervisors in January 30, 1990, approved by a majority of the cities within the county which contain a majority of the population of the incorporated area, and approved by the State Department of Health Services on February 28, 1990, as said plan is amended from time to time.

C. "Hazardous Waste Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of these units.

D. "Offsite Hazardous Waste Facility" means a hazardous waste facility at which either or both of the following occur:

1. Hazardous waste that is produced offsite is treated, transferred, stored, disposed or recycled.

2. Hazardous waste that is produced on-site is treated, transferred, stored, disposed or recycled and the hazardous waste facility is not owned by, leased to or under the control of the producer of the hazardous waste.

(Ord. 293, § 2, 1992)

This article adopts by reference Chapter 84-63.12 of the Contra Costa County code as primary code and the Contra Costa Hazardous Waste Management Plan, dated June, 1989 as secondary code.

(Ord. 293, § 2, 1992)

All land use permits, variances or other land use entitlements granted for the operation or expansion of an offsite hazardous waste facility shall be consistent with the portions of the County Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting the application, the Planning Commission hearing the matter initially or the City Council on appeal shall find that the application complies with the applicable siting criteria, siting principles and other policies identified in the County Hazardous Waste Management Plan, and that the proposed offsite hazardous waste facility is consistent with the County Hazardous Waste Management Plan.

(Ord. 293, § 2, 1992)