Bloom
Bloom v. McGurk
Opinion
Opinion
Perley, J.
— Steve Bloom appeals from the judgment denying his petition for a writ of mandate to compel the California Department of Health Services (Department) to set aside the permits it issued in October of 1992 to Integrated Environmental Systems (IES) for continued operation of a medical waste treatment facility. We affirm.
I. Background
The facility has operated at 499 High Street in Oakland, in an area west of the 880 freeway zoned for heavy industry, since 1982. In 1985, the company was sold and its name was changed to IES. Since at least March of 1986, IES has run two incinerators with a combined capacity of one ton per hour with permits issued by the Bay Area Air Quality Management District. The facility receives wastewater discharge permits from the East Bay Municipal Utilities District, and IES is registered with the state as a transporter of hazardous waste. In 1987, the Department’s Toxic Substances Control Division accepted IBS’s application for continued operation as a hazardous waste facility. In October of 1990, the Department’s Environmental Health Division approved IBS’s use of a microwave disinfection unit in addition to the incinerators.