Section 25135.1 Of Article 3.5. Hazardous Waste Management Plans From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 3.5.
25135.1
. (a) For purposes of this article, and unless the context
indicates otherwise, "county" means a county that notifies the
department that it will prepare a county hazardous waste management
plan in accordance with this article and receives a grant pursuant to
Section 25135.8. "County" also means any city, or two or more cities
within a county acting jointly, which notifies the department that
it will prepare a county hazardous waste management plan in
accordance with subdivision (c).
(b) A county may, at its discretion, and after notification to the
department, prepare a county hazardous waste management plan for the
management of all hazardous waste produced in the county. A county
hazardous waste management plan prepared pursuant to this article
shall serve in lieu of the hazardous waste portion of the county
solid waste plan provided for in Article 2 (commencing with Section
66780) of Chapter 2 of Title 7.3 of the Government Code. The county
hazardous waste management plan shall be prepared in cooperation with
the affected cities in the county and the advisory committee
appointed pursuant to Section 25135.2, in accordance with the
guidelines adopted by the department pursuant to Section 25135.5, and
in accordance with the schedule specified in Section 25135.6.
(c) On or before March 31, 1987, every county shall notify the
department and the cities within the county whether the county has
elected to prepare a county hazardous waste management plan pursuant
to this article. A city, or two or more cities acting jointly,
located within a county which elects not to prepare a county
hazardous waste management plan or which fails to make an election,
on or before March 31, 1987, to prepare a plan, may, at the city's or
cities' discretion, elect to undertake the preparation of the plan.
The city or cities shall be deemed to be acting in place of the
county for purposes of this article and may apply for funding to pay
the cost of preparing the plan pursuant to subdivision (c) of Section
25135.8. However, the city or cities may not receive funding
pursuant to subdivision (c) of Section 25135.8, unless the proposal
to prepare a county hazardous waste management plan by the city or
cities is approved by a majority of the cities within the county
which contain a majority of the population of the incorporated area
of the county and the proposal is received by the department on or
before June 30, 1987.
(d) The county hazardous waste management plan authorized by
subdivision (b) or (c) shall serve as the primary planning document
for hazardous waste management in the county and shall be prepared as
a useful informational source for local government and the public.
The plan shall include, but is not limited to, all of the following
elements:
(1) An analysis of the hazardous waste stream generated in the
county, including an accounting of the volumes of hazardous wastes
produced in the county, by type of waste, and estimates of the
expected rates of hazardous waste production until 1994, by type of
waste.
(2) A description of the existing hazardous waste facilities which
treat, handle, recycle, and dispose of the hazardous wastes produced
in the county, including a determination of the existing capacity of
each facility.
(3) An analysis of the potential in the county for recycling
hazardous waste and for reducing the volume and hazard of hazardous
waste at the source of generation.
(4) A consideration of the need to manage the small volumes of
hazardous waste produced by businesses and households.
(5) A determination of the need for additional hazardous waste
facilities to properly manage the volumes of hazardous wastes
currently produced or that are expected to be produced during the
planning period.
(6) An identification of those hazardous waste facilities that can
be expanded to accommodate projected needs and an identification of
general areas for new hazardous waste facilities determined to be
needed. In lieu of this facility and area identification, the plan
may instead include siting criteria to be utilized in selecting sites
for new hazardous waste facilities. If siting criteria are included
in the county hazardous waste management plan, the plan shall also
designate general areas where the criteria might be applicable.
(7) A statement of goals, objectives, and policies for the siting
of hazardous waste facilities and the general management of hazardous
wastes through the year 2000.
(8) A schedule which describes county and city actions necessary
to implement the hazardous waste management plan through the year
2000, including the assigning of dates for carrying out the actions.
(e) In addition to the elements of the plan required by
subdivision (d), a county may include a description of any additional
local programs which the county determines to be necessary to
provide for the proper management of hazardous wastes produced in the
county. These programs may include, but are not limited to, public
education, enforcement, surveillance, transportation, and
administration.
(f) The inclusion of an element in a county hazardous waste
management plan pursuant to subdivision (d) or (e) does not authorize
the county to adopt a program which the county is not otherwise
authorized to adopt under any other provision of law.