CORRESPONDENCE_1982-1983 - Laserfiche WebLink

Home Browse Search

HONORABLE BOARD OF SUPERVISORS May 5, 1982 Page Seven authorized class II-1 site is a matter of state. law. As has been pointed out, the state law is preemptive.b) California Health & Safety Code 9§25146 and 25146 . 6 explain the policy: They state 25146. The Legislature finds and declares that the number of hazardous waste disposal facilities is decreasing in the face of increasing demand, and that under present circumstances and law, imbalance between supply and demand is likely to further increase in the foreseeable future. This problem is general in nature, and does and will continue to exist in urban, suburban, and rural areas. 25146. 5. The Legislature further finds and declares that: (a) It is a matter of urgent public necessity and state- wide concern that the number of existing hazardous waste facilities be retained to the extent feasible. (b) The availability of land suitable and capable of being developed as hazardous waste disposal sites is decreasing. (c) Any decrease in the number of existing hazardous waste facilities increases the distance that it is necessary to transport hazardous waste in order to properly dispose of it. (d) An increase in the distance which it is necessary to travel in order to properly dispose of hazardous waste encourages illegal disposal. Health & Safety Code §25149 states : 25149. Notwithstanding any provision of law to the contrary, except as provided in Section 25149. 4 or 25181 of this code or Section 731 of the Code of Civil Procedure, no city, county, city and county, whether chartered or general law, or district may enact, issue, enforce, suspend, revoke, or modify any ordinance, regulation, law, license, or permit relating to an existing hazardous waste facility so as to prohibit or unreasonably regulate the disposal, treatment, or recovery of resources from hazardous waste or a mix of hazardous and solid wastes at that facility, unless