Lloyd M. Harmon, Jr., County Counsel, Diane Bardsley, Chief Deputy, Scott H. Peters and Mark C. Mead, Deputies County Counsel, for defendant and respondent. WORK, Acting Presiding Justice. The City had petitioned for writ and other relief after the County approved an agreement allowing Aptec to continue to operate its hazardous waste transfer and treatment facility for five years. Because we conclude the City's action is barred by the 180-day limitations period in that statute and it is not reasonably possible its petition can be amended to state a cause of action, we affirm the judgment. Although the City states it appeals an order sustaining demurrers, we consider its appeal to be from the court's subsequent order dismissing the City's action which is an appealable judgment, unlike an order sustaining demurrers.
All statutory references are to the Public Resources Code.
In 1980, the County decided to terminate its Otay landfill hazardous waste operations and granted Aptec a five-year lease to operate a hazardous waste facility on County property located within the City. In 1981, the City approved a conditional use permit for the Aptec facility, finding it would have no significant environmental impact and adopting the County's negative declaration. The staff reported that the state permit allowed Aptec to store up to 3,490 drums at any one time. A City council member, David Malcolm, spoke against the proposed agreement, citing environmental concerns and asked that at least the number of drums be reduced from that number. The staff then indicated Aptec was willing to agree to limit the number of drums to 2,000.