25135.3
. The Association of Bay Area Governments, the Southern
California Association of Governments, the Sacramento Area Council of
Governments, and the Association of Monterey Bay Area Governments
may, at the discretion of their governing boards, prepare a regional
hazardous waste management plan to serve as a resource document and
to identify hazardous waste management issues, needs, and solutions
at the regional level. A council of governments specified in this
subdivision shall include in the regional plan additional counties
affected by the regional plan, at the request of the councils of
governments for those counties. A council of governments shall
prepare the regional plan pursuant to the following procedure:
(a) A council of governments specified in this subdivision may
apply to the department for funding pursuant to paragraph (3) of
subdivision (b) of Section 25135.8.
(b) On or before December 31, 1987, a council of governments which
receives funding from the department shall prepare a draft regional
hazardous waste management plan and submit the draft plan to the
department. If a council of governments shows the department that it
has made substantial compliance towards completing the draft regional
hazardous waste management plan and needs additional time to
complete the draft regional plan, the department may extend, to March
31, 1988, the date by which the draft regional plan is required to
be submitted. The council of governments shall involve the public
with the preparation of the draft plan, to the fullest extent
possible, by public hearings, informational meetings, and other
appropriate forums that offer the public the opportunity to respond
to clearly defined alternative objectives, policies, and actions.
(c) From January 1, 1988, to March 31, 1988, or, if the department
has given the council of governments a time extension pursuant to
subdivision (b), on or before June 30, 1988, the council of
governments shall conduct hearings on the draft regional hazardous
waste management plan, in the number determined appropriate by the
council of governments. The council of governments shall provide
affected local jurisdictions, the public, industry, business
organizations, and the hazardous waste management industry with a
full opportunity to comment orally and in writing on the draft plan.
(d) On or before March 31, 1988, or, if the department has given
the council of governments a time extension pursuant to subdivision
(b), on or before June 30, 1988, the department shall review the
draft plan, and provide the council of governments with comments on
the draft plan.
(e) After conducting the review and comment period required by
subdivision (c), the council of governments shall revise, as
appropriate, the draft regional hazardous waste management plan.
(f) On or before September 30, 1988, or, on or before January 31,
1989, if the council of governments is given a time extension
pursuant to subdivision (g), the council of governments shall
complete and adopt the plan.
(g) On or before October 1, 1988, the council of governments shall
submit the final regional hazardous waste management plan adopted by
its governing board to the department for review and approval. If a
council of governments shows the department that the council of
governments has made substantial progress towards completing the
regional hazardous waste management plan and needs more time to
complete the plan, the department may extend this date to September
1, 1989. The department shall approve the regional plan if the
department determines that all of the following requirements are met:
(1) The regional plan is consistent with the guidelines for the
preparation of regional hazardous waste management plans adopted by
the department.
(2) The regional plan applies the methods, techniques, and
policies established by the department to analyze the waste stream
and to determine whether there is a need for additional or expanded
hazardous waste facilities to safely manage and properly dispose of
the hazardous waste produced within the region.
(h) Throughout the process of preparing a regional hazardous waste
management plan, a council of governments shall cooperate and
consult with representatives and staff of affected counties and
cities.
(i) Notwithstanding subdivisions (a) to (h), inclusive, of this
section, if, pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, a joint powers
agreement provides for the creation of the Southern California
Hazardous Waste Management Authority, the Southern California
Association of Governments shall, if it has elected to prepare a
regional hazardous waste management plan pursuant to this section,
transfer the responsibility for preparing the regional hazardous
waste management plan and all funds received pursuant to subdivision
(b) of Section 25135.8 to the authority, if the governing board of
the authority requests the transfer by the adoption of a resolution.
If the transfer takes place, the authority shall comply with this
section in the same manner as this section applies to the
association. If the transfer of responsibility and funds authorized
by this subdivision takes place and the authority is dissolved at any
time before the regional hazardous waste management plan is approved
by the department, the association shall prepare the regional
hazardous waste management plan and any remaining funds received
pursuant to subdivision (b) of Section 25135.8 shall be transferred
back to the association.