Bell City Zoning Code
CHAPTER 17
64 HAZARDOUS WASTE FACILITIES
§ 17.64.010 Purpose and policies.
A.
The location, design and maintenance of hazardous waste facilities is a matter requiring uniform control and regulation by the city, in the manner set forth in this chapter, in order to protect the quality of the environment for the residents of Bell and their health, safety and general welfare as well.
B.
The city will cooperate with the County of Los Angeles and other governmental authorities having jurisdiction, to ensure that household hazardous wastes are properly managed and disposed of. The city's general plan addresses household hazardous waste generated within the city, and this chapter is in implementation of the general plan, and applicable law, including, but not limited to, Section 25100 et seq., of the Health and Safety Code ("Act").
(Ord. 1033)
§ 17.64.020 Definitions.
The definitions contained in this code, including Chapter 17.08, and the definitions contained in the Act shall be applicable to the provisions of this chapter.
(Ord. 1033)
§ 17.64.030 Conditional use permit required.
Notwithstanding any provision of this title to the contrary, every hazardous waste facility ("facility") shall be permitted to be located in the city, only if a conditional use permit ("CUP") is first obtained therefor, pursuant to the provisions of this title. This local permitting process is required to assure adequate protection of public health, safety and the environment without imposing undue restrictions on a facility.
(Ord. 1033)
§ 17.64.040 Facilities to be located in certain zones.
A facility shall be located only on a lot classified in the commercial manufacturing (CM) zone or in the manufacturing (M) zone.
(Ord. 1033)
§ 17.64.050 Application-Form and content.
Every application for a CUP for a facility shall be made in writing by the applicant to the director on the forms provided by him or her, and accompanied by a filing fee or other fees as set by resolution of the city council. An application must include 15 copies of the application, site plan, elevation, floor plans and landscape plans all drawn to scale. An application shall also include the following information:
A.
Name and address of the applicant;
B.
Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make such application;
C.
A plot and development plan drawn in sufficient detail as determined by the director to clearly describe the following:
1.
The location and physical dimensions of the lot or lots proposed for such use,
2.
Location of existing and proposed buildings and structures,
3.
Proposed setbacks and landscaping,
4.
Proposed methods of circulation and parking,
5.
Existing and proposed drainage patterns,
6.
Proposed ingress and egress,
7.
Proposed storage and processing areas,
8.
Utilization of property under the requested land use permit,
9.
The distance from the proposed lot lines to the nearest adjacent buildings or structures,
10.
Proximity of the facility to 100 year flood-prone areas,
11.
Proximity of the facility to any known earthquake fault zones,
12.
The relationship of the proposed facility to all aboveground water supplies and all known underground aquifers that might be threatened with contamination,
13.
Topographic description of the property and surrounding area,
14.
A preliminary geological study of the property and surrounding area which comprehends as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers,
15.
Existing and proposed utilities which service or will be required to service the facility,
16.
A vicinity map which indicates, at a minimum, the proximity of the facility to schools, parks, and other community facilities within the city, and
17.
Proposed routes for trucks taking hazardous waste to and from the facility site and the city limits;
D.
Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;
E.
An analysis of visual, noise, and any olfactory impacts associated with the facility and recommended mitigation measures;
F.
An analysis of all anticipated air quality impacts associated with the facility and proposed mitigation measures to ensure no degradation of air quality in the area;
G.
Identification of any rare or endangered species of plant or animals within the facility site and recommended impact mitigation measures;
H.
Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored or disposed of at the proposed facility site as well as the ultimate disposition of these wastes. A calculation of the anticipated life of the facility shall also be included. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility;
I.
A risk assessment which analyzes all probabilities of accidents or spills at the facility site, transportation-related accidents from the point of origin to the facility, and any other probabilities requested by the director. Such analysis shall identify mitigation measures to reduce the identified risks;
J.
A plan that identifies an ongoing monitoring program of air, soil and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, the Regional Water Quality Control Board and Department of Health Services, or their successors in interest;
K.
An environmental information form in sufficient detail to enable the city to complete an initial study pursuant to the California Environmental Quality Act. The applicant shall bear all costs of this study;
L.
An emergency response plan consistent with any and all applicable county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedure. The emergency response plan shall include, but not be limited to, the following:
1.
Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures,
2.
Anticipated impacts on local fire, police and medical services,
3.
Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures,
4.
An application shall not be declared complete until such emergency response plan is approved by the director;
M.
Such other information as may be required by the director.
(Ord. 1033; Ord. 1214 § 7, 2016)
§ 17.64.060 Application-Procedural requirements.
All applications for a CUP for a facility shall be processed pursuant to the procedures set forth in the Act, Public Resources Code Sections 21000 through 21177, and Government Code Section 65920 et seq., in addition to the provisions of this chapter. In the event of inconsistencies between the foregoing statutes and this chapter, the provisions of this chapter shall govern.
A.
Conflict of Interest. The person, or entity, preparing the documents required by the California Environmental Quality Act shall be free of any conflict of interest regarding the facility.
B.
Public Education Program. All applications shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the facility proponent and the chief administrative officer.
C.
Architectural Review Board Comments. The architectural review board, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate.
D.
Director's Determination. The director shall determine whether an application is complete for filing purposes not later than 30 days after the application is submitted for filing.
E.
Consistency Determination. At the request of the applicant, the director shall, within 60 days after the application has been deemed complete, issue an initial written determination on whether the facility is consistent with the city's general plan and applicable zoning ordinances in effect at the time the application was received. This initial determination will not prohibit the city from making a different final determination if such a decision is based on information which was not considered when the initial determination was made. (Health and Safety Code Section 25199.5).
F.
Planning Commission Hearing. The planning commission shall hold a hearing on the application for a CUP for facility within 90 days after the application is deemed complete.
(Ord. 1033; Ord. 1129, 1997; Ord. 1214 § 8, 2016)
§ 17.64.070 Compliance required.
No CUP for a facility shall be issued, unless compliance with all applicable laws, including this chapter, is had.
(Ord. 1033)
§ 17.64.080 Proximity to immobile populations.
A risk assessment shall be performed for each facility which details the most severe potential accident from the facility operations and its impact on all immobile populations in the city. The scope of the study shall address the quantity and types of wastes that could be received at the facility and shall include consideration of the design features and planned operational practices of the facility. Also, the study shall provide an estimate of the distance over which the effects of a spill or emergency might carry, options for reducing the risks of their occurrence, and procedures for containing and cleaning such spills or emergencies.
(Ord. 1033)
§ 17.64.090 Capability of emergency services.
Each facility shall be located in areas where fire services are able to immediately respond to hazardous waste emergencies, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association and the Los Angeles County fire department.
(Ord. 1033)
§ 17.64.100 Flood hazard areas.
Facilities are prohibited in areas which are subject to inundation by floods with a 100 year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent migration of hazardous wastes in the event of inundation.
(Ord. 1033)
§ 17.64.110 Proximity to active or potentially active faults.
All facilities are required to have a 200 foot setback from a known active earthquake fault.
(Ord. 1033)
§ 17.64.120 Slope and soil stability subsidence/liquefaction.
Residuals repositories are prohibited in areas of potential rapid geologic change. Facilities shall not be located in areas of potential rapid geologic change unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes.
(Ord. 1033)
§ 17.64.130 Discharge of treated effluent.
Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site shall be evaluated for ease of connecting to another sufficient sewer line or for the feasibility of other lawful discharge.
(Ord. 1033)
§ 17.64.140 Depth to groundwater.
Facilities are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility. At each facility, the foundation of all containment structures must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression or uplift as certified by a California Registered Civil Engineering Geologist.
(Ord. 1033)
§ 17.64.150 Groundwater monitoring.
Residuals repositories and facilities with subsurface storage and/or treatment shall establish a program which is approved by the Regional Water Quality Control Board ("RWQCB") for groundwater monitoring. Facilities which handle liquids shall be located where groundwater flow is in one direction with no vertical interformational transfer of water.
(Ord. 1033)
§ 17.64.160 Major aquifer recharge area.
Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures. Facilities with subsurface storage or treatment must be located at least one mile away from potential drinking water sources.
(Ord. 1033)
§ 17.64.170 Soil permeability.
Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other aboveground facilities shall have engineered structural design features common to other types of industrial facilities.
(Ord. 1033)
§ 17.64.180 Existing groundwater quality.
Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures as specified by the director in accordance with standards designed to provide maximum protection to groundwater.
(Ord. 1033; Ord. 1214 § 9, 2016)
§ 17.64.190 Air emissions.
Facilities shall obtain a permit to construct and a permit to operate from the South Coast Air Quality Management District, prior to the effective date of a CUP.
(Ord. 1033)
§ 17.64.200 Recreation, cultural or aesthetic areas.
Facilities shall not be located in proximity to recreational or cultural facilities.
(Ord. 1033)
§ 17.64.210 Areas of potential mineral deposits.
Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.
(Ord. 1033)
§ 17.64.220 Proximity to areas of waste generation.
Subject to other standards and criteria described in this chapter, facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city. Facilities which will primarily serve generators from outside the city must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.
(Ord. 1033)
§ 17.64.230 Distance from major transportation routes.
Distance traveled on minor roads associated with the facility shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper local road construction, reconstruction and maintenance charges necessary to accommodate the anticipated increase in traffic due to the facility.
(Ord. 1033)
§ 17.64.240 Consistency with the general plan.
Each proposed facility shall be located in a manner consistent with all general plan requirements, and other applicable laws.
(Ord. 1033)
§ 17.64.250 Changes in real property values.
The applicant shall fund a city-conducted independent study of the impact of the facility on real property values within the city. Such study shall be completed prior to action on the CUP application.
(Ord. 1033)
§ 17.64.260 Required findings.
The findings specified in this section shall be made in writing prior to approval of a CUP for a facility:
A.
The facility is consistent with the general plan; and
B.
The facility is not to be detrimental to the health, safety or general welfare of the residents of the city; and
C.
The facility site is or will be served adequately by roads and other public or private service facilities; and
D.
The facility has met or exceeded each requirement of applicable law; and
E.
The environmental impacts identified in the environmental impact report or proposed negative declaration have been adequately mitigated, and that a mitigation monitoring program has been established for each mitigation measure.
(Ord. 1033)
§ 17.64.270 Appeal of city council determination.
A city council decision on an application for a CUP for a facility shall be final and conclusive in the absence of appeal filed in accordance with Health and Safety Code Section 25199.9 et seq.
(Ord. 1033; Ord. 1214 § 10, 2016)
§ 17.64.280 Operation of all facilities.
A.
Safety and Security. The owner and/or operator of a facility shall prevent unauthorized entry of any person onto any portion of the facility, including, but not limited to, providing for the following:
1.
Surveillance. The facility operator shall provide a 24 hour surveillance system which continuously monitors and controls entry onto the facility.
2.
Fencing. Perimeter fencing and security external lighting shall be constructed with an approved plan and maintained to the satisfaction of the director.
3.
Signage. Signs with the legend "DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible during the daytime and nightfall from a distance of at least 25 feet.
B.
Monitoring.
1.
Access to Facility. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, the director may enter the premises on which a facility is located at any time.
2.
Quarterly Reports. The owner/operator of a facility shall report quarterly to the director the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.
3.
Complaints—Forwarding to City. The owner/operator of a facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the director.
4.
Emergency Response Plan. The emergency response plan shall be updated annually, signed by all management personnel at the facility, and filed with the director.
5.
Environmental Monitoring Report. The owner/operators of a facility shall submit an annual air, soil and groundwater monitoring report to the director.
6.
Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code or comparable statute, by the facility owner/operator shall be reported to the director at least 48 hours prior to such storage, treatment, disposal or transportation.
(Ord. 1033; Ord. 1214 § 11, 2016)
§ 17.64.290 Contingency operation plan.
Every facility must have a contingency operation plan approved by the California Department of Health Services ("DHS"). A copy of the contingency plan approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the director, chief of police, fire chief, each hospital within 10 miles, and the Los Angeles County department of environmental health.
(Ord. 1033; Ord. 1214 § 12, 2016)
§ 17.64.300 Closure plan.
The owner or operator of each facility shall submit to the director for approval, a written closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the director.
(Ord. 1033; Ord. 1214 § 13, 2016)
§ 17.64.310 Financial responsibility.
Prior to effective date of CUP approval, the applicant shall submit, to the director, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or state agency.
(Ord. 1033; Ord. 1214 § 14, 2016)
§ 17.64.320 Cost responsibility for response to release.
The facility owner/operator shall in a form acceptable to the city, including, but not limited to, a security bond, agree to be responsible for all costs incurred by the city and its officers, agents, employees or contractors, for responding to a release or threatened release of hazardous wastes at or en route to or from the facility.
(Ord. 1033)
§ 17.64.330 Indemnification agreement.
Each facility owner/operator shall, in a form approved by the city attorney, agree:
A.
To protect, defend, indemnify and hold harmless the city and its elected and appointed officers, agents and employees;
B.
That the city may employ any and all methods permitted by law to, monitor and enforce the provisions of this chapter;
C.
To pay all costs incurred by the city in enforcing the provisions of this chapter, including, but not limited to, officers' and employees' time, including the director and city attorney, and all applicable overhead costs.
(Ord. 1033; Ord. 1214 § 15, 2016)