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HomeMy WebLinkAboutRES NO 54-91RESOLUTION NO. 54-91 A RESOLUTION MAKING FINDINGS AND APPROVING THE KERN COUNTY AND INCORPORATED CITIES HAZARDOUS WASTE MANAGEMENT PLAN. WHEREAS, on August 31, 1988, this City Council approved the Kern County and Incorporated Cities Hazardous Waste Management Plan which was submitted by Kern County to the State Department of Health Services on October 1, 1988; and WHEREAS, the Department of Health Services has rejected the plan but has subsequently indicated that a revised plan can be submitted in response to that Department's findings of defi- ciency and basis for rejection of the plan; and WHEREAS, the Department of Planning and Development Services of the Cou:nty of Kern and the Hazardous Waste Management Plan Local Advisory Committee have prepared revisions to the approved Hazardous Waste Management Plan for Kern County pursuant to Sections 25135 et seq., of the Health and Safety Code; and WHEREAS, Health and Safety Code Section 25135 requires the County of Kern to submit revisions of the adopted county haz- ardous waste management plan to each incorporated city in the county; and WHEREAS, the revised hazardous waste management plan shall be 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 WHEREAS, the County of Kern, through the Department of Planning and Development Services has prepared and this City Council has previously approved a final environmental impact report with respect to the subject of this Resolution, consistent with State of California EIR Guidelines and Kern County EIR Guidelines; and WHEREAS, the revised Kern County and Incorporated Cities Hazardous Waste Management Plan addresses: 1. An analysis of Kern County's hazardous waste stream through the year 1994 pursuant to Health and Safety Code Section 25135.1(d)(1); 2. Descriptions of existing hazardous waste facilities, including capacities; 3. An analysis of any potential for recycling and/or reducing Kern County's hazardous waste stream through the year 1994 pursuant to Health and Safety Code Section 25135.1(d)(1); 4. Management strategies addressing Kern County's small business and household hazardous wastes; 5. An analysis of need for additional hazardous waste facilities to be sited in Kern County; 6. Identification of existing facilities in Kern County which can be expand.~d; 7. A description of general areas in Kern County for new facilities using the plan's siting criteria; 8. Goals, objectives, and policies for management of hazardous wastes within Kern County through the year 2000; 9. A hazardous waste management and implementation pro- gram through the year 2000; 10. enforcement, and Other local programs such as public education, surveillance, transportation, and administration; WHEREAS, the Local Advisory Committee, appointed pursu- ant to Health and Safety Code Section 25135.2 found that the revised plan is consistent with the legislative intent and pur- pose of Health and Safety Code Section 25135 et seq., and compat- ible with the Kern County General Plan and all elements thereof and the various incorporated cities general plans; and WHEREAS, the Local Advisory Committee has approved and recommends that each City Council approve the revisions contained therein; and WHEREAS, the City Clerk of this Council has caused notice to be duly given of said public hearing in accordance with law and the provisions of said Resolution; and WHEREAS, copies of the revised Hazardous Waste Management Plan and final environmental impact report have been on file in the office of the City Clerk available for examination during regular business hours by any interested person at all times since the date of giving said notice; and the same were before the City Council and duly considered during the course of said public hearing; and WHEREAS, said public hearing having been duly conducted during which the Kern County and Incorporated Cities Hazardous Waste Management Plan and Final Environmental Impact Report were considered by this Council and were explained by a representative of the Kern County Department of Planning and Development Services, and those persons desiring to be heard on said matters having been duly heard and evidence in said matters having been duly submitted and this Council having concluded said public hearing having determined that said hazardous waste management plan be approved. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Bakersfield as follows: 1. The has jurisdiction mentioned. facts herein recited are true, and this Council to consider and approve the matters herein 2. This Council finds and determines that said previ- ously approved environmental impact report is adequate in scope and substantially addresses the proposed revisions to the project in compliance with the California Environmental Quality Act of 1970, and the State Guidelines and the Kern County Guidelines for implementation thereof, and that this Council has fully reviewed and considered the information in said EIR, as prepared by the Lead Agency, with respect to the subject of this Resolution, and hereby functioning pursuant to the Responsible Agency provisions of the California Environmental Quality Act, adopts and certifies said environmental impact report; such authority for adoption and certification is found to be consistent with State Guidelines Section 15091, Findings, and Section 15096, Process for a Responsible Agency. 3. This Council does County and Incorporated Cities pursuant Section 25135 et seq. hereby approve said revised Kern Hazardous Waste Management Plan of the ~ealth and Safety Code. 4. The City Clerk shall cause a copy of this Resolution to be sent to the Kern County Board of Supervisors on or before May 22, 1991, and the Kern County Department of Planning and Development Services on or before May 22, 1991 for proper inclusion in the revised hazardous waste management plan adopted by the Kern County Board of Supervisors and submitted to the State of California on or before June 1, 1991 pursuant to Section 25135.7(a) of the Health and Safety Code. 5. The City Clerk shall cause a Notice of Determination to be completed and filed pursuant to requirements set forth in the State EIR Guidelines Section 15096, Process for a Responsible Agency, and Section 15094, Notice of Determination. .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 2 4 199~ , by the following vote: AYES; COUNCILMEMBERS EDWARDS. D~M, OND. SMITH, BRUNNI. PETERSON, McDERMOTT. SALVAGBIO NOES; COUNCILMEMBERS: ABSENT COUNClLMEMSERS ABSTAIN COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED APR 2 4 1991 ..... CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LML/MG/meg R RES 5 HAZ-WASTE1 4/19/91