The City of Dana Point prioritizes hazardous waste management strategies in order of priority as follows: source reduction (top priority), on-site recycling, off-site recycling, on-site treatment, off-site treatment, and disposal (last priority).

Public participation shall be a high priority throughout the process of siting hazardous waste facility projects.

The City of Dana Point will cooperate fully with other local, State, and Federal agencies to efficiently regulate the management of hazardous materials and hazardous waste.

Transportation of hazardous waste shall be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes.

Regulations governing pretreatment of hazardous wastes before discharge into sewer systems will be strictly followed. Discharge of hazardous wastes into storm drains is prohibited.

The City of Dana Point shall cooperate with the County of Orange with respect the proper management of household hazardous wastes. The City's General Plan addresses the types and quantities of household hazardous waste generated in the City, options and strategies for managing these wastes, and a program for educating the residents as to identification and proper management of household hazardous waste.

All hazardous waste facility projects and specified hazardous waste facility projects shall require a conditional use permit pursuant to Chapter 9.65. A Coastal Development Permit shall also be required if a Coastal Development Permit is otherwise required for development of the site by City Ordinance or State Law. A Coastal Development Permit shall also be required if such Coastal Development Permit is otherwise required for development of the site by City Ordinance or State law. The local permitting process is intended to assure protection of public health and the environment without imposing undue restrictions on projects.

All hazardous waste facility projects and specified hazardous waste facility projects must meet the criteria herein unless the City Council determines that one or more criteria should be relaxed to meet an overriding public need.

Specified hazardous waste facility projects and hazardous waste storage and disposal facilities shall be sited only in industrial zones. Hazardous waste facility projects, other than specified hazardous waste facility projects and hazardous waste storage and disposal facilities shall be sited in the following zoning designations: business park or community commercial zones only. All such uses shall be subject to a Conditional Use Permit and Coastal Development Permit, when a Coastal Development Permit is otherwise required.

General. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health and Safety Code Sections 25199 et seq., Public Resources Code Sections 21000—21177, and Government Code Sections 65920 et seq.; this Chapter and the following:

Local Assessment Committee Comments. The Local Assessment Committee shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate, for specified hazardous waste facility projects.

Determination by Director of Community Development. The Director of Community Development shall determine whether an application is complete for filing not later than 30 calendar days after the application is submitted for filing.

Planning Commission Hearing. The Planning Commission shall hold a hearing on the application within 60 calendar days after the application is accepted as or deemed complete.

Consistency Determination. At the request of the applicant, the Director of Community Development shall issue an initial written determination on whether the project is consistent with the General Plan, applicable zoning ordinances, the environmental guidelines of the City for implementing the California Environmental Quality Act ("CEQA"), and the County of Orange Hazardous Waste Management Plan in effect on the date the application was accepted as or deemed complete. This determination, which shall be issued within 60 calendar days after the application has been accepted as or deemed complete, will not prohibit the City from making a different determination when the final decision is made if such decision is based on information which was not considered when the initial determination was made.

City Council Hearing. A public hearing on the application shall be held by the City Council not later than 180 days after the application is complete when the Director of Community Development, upon the advice of the City Attorney, has determined:

Name and Address. Name and address of the applicant;

Ownership. Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

Plot and Development Plans. Plot and development plans drawn in sufficient detail as determined by the Director of Community Development and the City Engineer to clearly describe the following:

Earthquake Fault Zones. Proximity of the project to any known earthquake fault zones;

Groundwater. The relationship of the proposed project to all above groundwater supplies and all known underground aquifers that might be threatened with contamination;

Topography. Topographic description of the property and surrounding area;

Geological Study. A preliminary geological study of the property and surrounding area which comprehends as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers;

Utilities. Existing and proposed utilities which service or will be required to service the facility;

Map. A vicinity map which indicates, at a minimum proximity of the project to schools, parks, and other community facilities within the City of Dana Point;

Routes. Proposed haul route for trucks taking hazardous waste and hazardous substances to and from site and the City limits;

Wastewater. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge shall be included with any application filed pursuant to the provisions of this Chapter;

Visual, Noise and Odors. An analysis of any visual, noise, or olfactory impacts associated with the project and recommended mitigation measures shall be included with any application filed pursuant to the provisions of this Chapter;

Air Quality. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality shall be included with any application filed pursuant to the provisions of this Chapter;

Endangered Species. Identification of any rare or endangered or candidate rare or endangered species of plant or animals or habitats of such species within the project site and recommended impact mitigation measures;

Quantities of Hazardous Waste. Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. 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;

Risk Assessment. A risk assessment which analyzes, in detail, all probabilities and effects of releases or spills, at the site, transportation related accidents from the point of origin to the facility, and any other probabilities requested by either the Director of Community Development, Director of Public Works, Planning Commission, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility. The risk assessment must also detail the maximum credible accident from the facility operations and its impact on all immobile populations in the City. The study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the effects of a spill or emergency situation would carry, options for reducing the risks, and procedures for dealing with such spills or emergency situations;

Monitoring Program. A plan that identifies an ongoing monitoring program of air, soil, surface water, 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, Regional Water Quality Control Board, Department of Health Services, or their successors in interest;

Alternative Sites. A designation of reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act;

Environmental Information. An Environmental Information Form in sufficient detail to enable the City to complete an Initial Study pursuant to the California Environmental Quality Act for the preparation by a qualified environmental consulting firm of an Environmental Impact Report or Negative Declaration, with all costs to be born by the applicant; and

Emergency Response Plan. An emergency response plan consistent with all applicable County, regional and City emergency response plans and all City, County, State and Federal regulatory requirements regarding emergency response procedure, including the following:

Residuals repositories, as defined in Health and Safety Code Section 25204 must be a minimum of 2,000 feet from the closest residence.

Treatment and storage facilities, as those terms are defined in Health and Safety Code Section 25205.1 shall comply with zoning setback requirements for industrial facilities, unless a greater distance is justified pursuant to a risk assessment.

Residuals repositories and hazardous waste storage facilities are prohibited in areas 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.

A residual repository shall be located away from the cone of depression created by pumping a well or well field 90 days. Location is preferred where the saturated zone predominantly discharges to non-potable water without any intermediate withdrawals for public water supply.

All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for 90 days unless an effective hydrogeologic barrier to vertical flow exists.

Residuals repositories and facilities with subsurface storage and/or treatment 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 all facilities, the foundation of all containment structures at the facility 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 must develop a program that successfully satisfies the Regional Water Quality Control Board (RWQCB) permit requirements for groundwater monitoring.

Facilities which handle liquids should 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.

Facilities with subsurface storage or treatment must be located at least one mile away from potential drinking water sources.

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.

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 above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.

All other facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed.

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 should provide increased spill containment and inspection measures as specified by the Director of Community Development in accordance with standards designed to provide maximum protection to groundwater.

Facilities are prohibited from locating in wetlands without a Section 404 Clean Water Act Permit, unless:

Approval of Permits for facilities in wetlands areas shall be conditioned upon issuance of a Section 404 permit.

Facilities shall not be located in areas zoned for agricultural uses.

Incinerators shall not be located in areas where the emissions from the facility could directly impact food crops.

Residuals 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.

All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

Facilities shall be located such that any minor routes to and from state or interstate divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal.

The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The "population at risk" factor should not exceed that for existing facilities. Sites with lower factors are preferred.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

The operator shall provide a 24 hour surveillance system which continuously monitors and controls entry onto the facility.

Perimeter fencing shall be constructed which meets the requirements of the regulations implementing the Resource Conservation and Recovery Act, if applicable to the Project, or to the Director of Community Development's satisfaction.

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 from a distance of at least 25 feet.

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of Dana Point is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been applied for or granted.

The owner or operator of a facility shall report quarterly to the Community Development Department the amount, type, and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

The owner or operator of a hazardous waste 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 of Community Development.

The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Director of Community Development.

The findings specified in this Section shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project: