Section 25135.7 Of Article 3.5. Hazardous Waste Management Plans From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 3.5.
25135.7
. (a) A county shall submit the final county hazardous waste
management plan adopted by the county to the department for review
and approval on or before October 1, 1988. If a county shows the
department that the county has made substantial progress towards
completing the county hazardous waste management plan and needs more
time to complete the plan, the department may extend this date to
June 1, 1989. If the department sends comments on the draft county
hazardous waste management plan to a county after June 30, 1988, the
department may extend the due date for submittal of the final county
hazardous waste management plan for that county to September 1, 1989.
The department shall, on or before December 31, 1988, or on or
before November 30, 1989, if the county is given a time extension,
review and either approve or disapprove the county hazardous waste
management plan. If an additional time extension is given to
September 1, 1989, pursuant to this subdivision, the department shall
review and either approve or disapprove the county hazardous waste
management plan on or before February 28, 1990. The department shall
approve the county hazardous waste management plan if the department
makes all of the following determinations:
(1) The plan substantially complies with the guidelines for the
preparation of hazardous waste management plans adopted by the
department.
(2) The 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 generated within the county.
(3) If the plan contains a determination pursuant to paragraph (5)
of subdivision (d) of Section 25135.1 that there is a need for
additional or expanded hazardous waste facilities, the plan proposes
general areas, or, as determined appropriate by the county, proposes
specific sites which may be suitable locations for a facility.
However, if the plan instead contains siting criteria for selecting
sites for new hazardous waste facilities, the plan shall propose
general areas where the criteria might be applicable.
(4) If the county preparing the plan has entered into a formal
agreement with other counties to manage hazardous waste, the
agreement is documented.
(b) Within 180 days after the department approves a county
hazardous waste management plan, the county shall either incorporate
the applicable portions of the plan, by reference, into the county's
general plan, or enact an ordinance which requires that all
applicable zoning, subdivision, conditional use permit, and variance
decisions are consistent with the portions of the county hazardous
waste management plan which identify specific sites or siting
criteria for hazardous waste facilities.
(c) Within 180 days after receiving written notification from the
county that the county hazardous waste management plan has been
approved, each city within that county shall do one of the following:
(1) Adopt a city hazardous waste management plan containing all of
the elements required by subdivision (d) of Section 25135.1 which
shall be consistent with the approved county hazardous waste
management plan.
(2) Incorporate the applicable portions of the approved county
plan, by reference, into the city's general plan.
(3) Enact an ordinance which requires that all applicable zoning,
subdivision, conditional use permit, and variance decisions are
consistent with the portions of the approved county plan which
identify general areas or siting criteria for hazardous waste
facilities.
(d) This section does not limit the authority of any city to
attach appropriate conditions to the issuance of any land use
approval for a hazardous waste facility in order to protect the
public health, safety, or welfare, and does not limit the authority
of a city to establish more stringent planning requirements or siting
criteria than those specified in the county hazardous waste
management plan.
(e) Any amendment to an adopted county hazardous waste management
plan requires the approval of the department, the county, and a
majority of the cities within the county which contain a majority of
the population of the incorporated area of the county.