Article II — HAZARDOUS WASTES; OFF-SITE FACILITIES

The ordinance codified in this article shall be known as the “Hazardous Waste Facilities Consistency Ordinance”. (1966 Code, § 7B-3) (Ord. 579, § 1(1.0))

This article is enacted pursuant to Cal. Health and Safety Code § 25135.7 concerning off-site hazardous waste facilities. (1966 Code, § 7B-4) (Ord. 579, § 1(2.0))

The purpose of the Hazardous Waste Facilities Consistency Ordinance codified in this article is to require that land use decisions concerning off-site hazardous waste facilities be consistent with the approved San Benito County Hazardous Waste Management Plan. (1966 Code, § 7B-5) (Ord. 579, § 1(3.0))

Unless otherwise specified in this section or indicated by the context, the terms used in this article have the meanings ascribed to them in Cal. Health and Safety Code Division 20, Chapter 6.5 (§§ 25100 et seq.). COUNTY HAZARDOUS WASTE MANAGEMENT PLAN. The San Benito County Hazardous Waste Management Plan adopted by the Board of Supervisors, approved by the cities in the county and approved by the state’s Department of Health Services. HAZARDOUS WASTE FACILITY. 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. OFF-SITE HAZARDOUS WASTE FACILITY. A hazardous waste facility that is not an on-site facility. ON-SITE FACILITY. A hazardous waste facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of, the producer of the waste. (1966 Code, § 7B-6) (Ord. 579, § 1(4.0))

The Board of Supervisors finds as follows: (A) San Benito County elected to prepare and did prepare a plan for the management of hazardous materials and wastes within the Cities of Hollister, San Juan Bautista and the unincorporated county; (B) San Benito County and the Cities of Hollister and San Juan Bautista certified an environmental impact report for the Hazardous Waste Management Plan pursuant to the requirements of the California Environmental Quality Act; (C) The California Department of Health Services approved the San Benito County Hazardous Waste Management Plan pursuant to authority provided under Cal. Health and Safety Code § 25135.7(a); and (D) San Benito County and the Cities of Hollister and San Juan Bautista have adopted the county’s Hazardous Waste Management Plan. (1966 Code, § 7B-7) (Ord. 579, § 1(5.0))

All applicable land use decisions concerning zoning, subdivision, conditional use permits or variances granted for the operation or expansion of an off-site hazardous waste facility shall be consistent with the provisions of the county’s Hazardous Waste Management Plan which identify siting criteria, siting principles or other policies applicable to hazardous waste facilities. Before granting an application, the Planning Commission or Board of Supervisors shall find that the application is consistent with the applicable siting criteria, siting principles and other policies identified in the county’s Hazardous Waste Management Plan. (1966 Code, § 7B-8) (Ord. 579, § 1(5.0))