Bell City Zoning Code

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.

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.

A facility shall be located only on a lot classified in the commercial manufacturing (CM) zone or in the manufacturing (M) zone.

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:

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.

No CUP for a facility shall be issued, unless compliance with all applicable laws, including this chapter, is had.

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.

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.

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.

All facilities are required to have a 200 foot setback from a known active earthquake fault.

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.

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.

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.

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.

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.

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.

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.

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.

Facilities shall not be located in proximity to recreational or cultural facilities.

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.

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.

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.

Each proposed facility shall be located in a manner consistent with all general plan requirements, and other applicable laws.

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.

The findings specified in this section shall be made in writing prior to approval of a CUP for a facility:

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.

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.

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.

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.

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.

Each facility owner/operator shall, in a form approved by the city attorney, agree: