The purpose of this chapter is to establish uniform standards in order to regulate the location, design, and maintenance of hazardous waste facilities and to protect the health, quality of life, and the environment of the city, based upon the following policies:

(a)

Hazardous waste management strategies shall be ranked so that source reduction is first, on-site recycling is second, off-site recycling is third, on-site treatment is fourth, off-site treatment is fifth, and disposal is sixth.

(b)

Public participation shall be the highest priority during the process of siting hazardous waste facility projects.

(c)

The city shall cooperate with other local, state, and federal agencies to efficiently regulate the management of hazardous materials and waste.

(d)

Transportation of hazardous waste shall be minimized, and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the city.

(e)

Regulations governing the discharge of hazardous wastes into the city sewer system shall be strictly enforced.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

As applied to this chapter, the terms: "hazardous waste," "hazardous waste facility" or "facility," "hazardous waste facility project," and "specified hazardous waste facility project," are defined by state law (Health and Safety Code §§ 25117, 25117.1, 25199.1 [b], 25199.1[n], respectively).

(Ord. No. 98-193, §§ 1—4, 10-19-98)

(a)

All hazardous waste facilities are limited to the BP zoning district, and shall require the approval of a conditional use permit, pursuant to chapter 9.48, in addition to complying with state law (Health and Safety Code §§ 25199 et seq.)

(b)

In addition to standards outlined in this chapter, code, and state law, the following shall apply:

(1)

Proximity to populations. For a residual repository, as defined by state law (Health and Safety Code), the distance from the active portion of the facility to one or more residences shall be a minimum of 2,000 feet. Treatment and storage facilities, as defined by state law (Heath and Safety Code), shall comply with all development standards (i.e., setbacks, height, etc.) for the BP zoning district, unless a greater distance is justified, based upon the findings of a risk assessment.

(2)

Proximity to immobile populations. A risk assessment shall be performed which details the maximum credible accident resulting from the facility operations and its impact on all immobile populations within the city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the affects of a spill or emergency situation would carry and a variety of options and related procedures for significantly reducing identified risks.

(3)

Capability of emergency services. All facilities shall be located in areas where city and other local fire units are able to respond immediately to hazardous materials accidents, based upon mutual aid agreements, and where emergency response times have been demonstrated to equal or exceed those established by the city fire department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility.

(4)

Flood hazard areas. Residual repositories are prohibited in areas subject to inundation by a base flood (i.e., 100-year flood), and shall not be located in areas subject to flash floods or debris flows. All other facilities shall avoid locating in floodplains or areas subject to flash floods or debris flows unless they are designed, constructed, operated, and permanently maintained to prevent migration of hazardous wastes in the event of inundation.

(5)

Proximity to active or potentially active faults. All facilities shall maintain a 200 foot setback from a known earthquake fault.

(6)

Slope stability and subsidence/liquefaction. Residual repositories are prohibited in areas of potential rapid geologic change (i.e., slope subsidence or liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and permanently maintained to preclude failure.

(7)

Dam failure inundation areas. All hazardous waste management facilities shall be located outside a dam failure inundation area.

(8)

Aqueducts and reservoirs. All facilities shall locate in areas with minimum threat to the contamination of drinking water sources contained in aqueducts and reservoirs.

(9)

Discharge of treated effluent. Facilities generating wastewater shall have access to adequate sewer capacity in order to accommodate projected wastewater discharge. If sewers are not available, the site should be evaluated for potential sewer connection, or feasible discharge directly into a stream.

(10)

Proximity to supply wells and well fields. A residual repository shall be located away from the cone of depression created by the test pumping of a well or well field for a minimum of 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the defined cone of depression.

(11)

Depth of groundwater. Residual 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 surface point of the facility. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression, or uplift, as certified by a California-Registered Civil Engineering Geologist.

(12)

Groundwater monitoring. Residual repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully complies with California Regional Water Quality Control Board permit requirements for groundwater monitoring.

(13)

Major aquifer recharge area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

(14)

Soil permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to state water resources control board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems.

(15)

Existing groundwater quality. Residual repositories are permitted only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that future potential beneficial use is not feasible.

(16)

Nonattainment area. By locating in an nonattainment area, all facilities emitting air contaminants in excess of established limits shall be subject to preconstruction review under new source review requirements and shall obtain permits to construct and operate from the South Coast Air Quality Management District.

(17)

Prevention of significant deterioration (PSD) area. All facilities classified as major stationary sources under the PSD regulations, shall be subject to preconstruction review and implementation of best available control technology.

(18)

Wetlands. All facilities are prohibited from locating in wetlands unless no additional filling is required, and fish, plant, and wildlife resources are preserved on-site, or elsewhere in the city.

(19)

Proximity to habitats of threatened and endangered species. All facilities are prohibited in habitats of threatened or endangered species, unless the applicant can demonstrate that the subject habitat will not be unreasonably disturbed and the survival of the species will not be threatened.

(20)

Recreation, cultural, or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value, as determined by the review authority.

(21)

Proximity to schools. All facilities are prohibited from locating within 1,000 feet of a school.

(22)

Areas of potential mineral deposits. Residual repositories shall not be located on or near parcels classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.

(23)

Proximity to areas of waste generation. Subject to other requirements contained in this chapter, all facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city. Facilities which intend primarily to serve generators outside the city shall demonstrate why the facility cannot be located closer to the sources of hazardous waste to be serviced.

(24)

Distance from major transportation routes. Distance traveled by facility trucks on arterial, collector, and local city streets shall be at a minimum. Facility operators shall be required to pay user fees to ensure proper street construction and maintenance necessary to accommodate anticipated increased traffic generated by a facility.

(25)

Structures fronting on minor routes. All facilities shall be located to minimize the use of arterial, collector, and local city streets by trucks that connect a facility to a state highway or freeway, particularly any city street used primarily by occupants of nonindustrial structures (i.e., residences, hospitals, schools, etc.). The permit application shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites in which lower factors are preferred.

(26)

Capacity vs. average daily traffic of access roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible.

(27)

Changes in real property values. The project applicant shall fund an independent study of facility impact on real property values within the city. The project applicant and the director shall agree beforehand upon the scope of the study and how it will be conducted.

(28)

Direct revenue to the city. The city shall investigate and impose appropriate taxes, fees, and other compensation options related to a proposed facility.

(29)

Changes in employment. The project applicant shall fund an independent study of anticipated changes in employment if the proposed facility is located within the city. The project applicant and the director shall agree beforehand on the scope of the study and how it will be conducted.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner/operator shall submit a safety and security plan for approval by the director with consultation from the chief of police services and fire chief. Incorporated in the safety and security plan shall be all necessary steps to provide for the following safety/security measures:

(a)

The owner or operator shall prevent the unauthorized entry of persons or animals onto any portion of the facility.

(b)

The owner or operator shall provide continual 24-hour surveillance to control entry onto the facility.

(c)

Perimeter fencing shall be constructed of a material and at a height specified by the review authority.

(d)

Signs with the legend "DANGER HAZARDOUS WASTE AREA - UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility and at other locations, as specified by the director. The legend shall be written in both English and Spanish, and shall be legible from a distance of at least 25 feet.

A safety and security plan outlining how the owner or operator shall satisfy the provisions listed above shall be submitted to the police chief, fire chief, and director for joint review and approval.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

The owner/operator shall cooperate with the city in complying with all of the following monitoring measures:

(a)

The city shall be authorized to enforce all codes and conditions related to the facility, including entry onto the subject property to ensure compliance.

(b)

The owner or operator shall report quarterly to the director regarding the amount, type, and disposition of all wastes processed by the facility. The report shall include clear copies of all manifests showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed on-site.

(c)

The owner or operator shall immediately distribute copies of all compliance records as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the director.

(d)

An emergency response plan shall be prepared and updated annually. In addition, the emergency response plan shall be signed by all facility management personnel, and distributed to all local emergency response agencies, as defined by the director.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In addition to the standards and locational criteria contained in section 9.21.020, the following conditions and standards may be applied:

(a)

No hazardous waste facility shall be approved if, by itself or in combination with other similar facilities, it may manage a volume or type of hazardous waste in excess of that generated within the city, which is not presently being managed by a facility in the city, unless satisfactory compensation is provided to the city, or as provided by a joint powers agreement.

(b)

Any proposed modifications to the types and/or quantities of hazardous wastes managed by an approved facility shall require the filing of an application to amend the original permit, pursuant to chapter 9.44 (Minor Modifications).

(c)

A hazardous waste facility project shall have a contingency plan approved by the state department of health services prior to approval by the city's review authority. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate city (i.e., police, fire, etc.), county, and state agencies, including hospitals, etc., as determined by the director.

(d)

The owner or operator of a hazardous waste facility project shall, prior to approval by the city's review authority, submit to the director a written closure plan approved by the state department of health services. All revisions to an approved closure plan shall be submitted to the director for review.

(e)

Prior to issuance of a certificate of occupancy, the permit applicant shall document that all financial responsibility requirements imposed by the department of health services and any other federal or state agency have been met.

(f)

The applicant shall agree to indemnify, defend, and hold the city harmless against all claims, actions, or liabilities relating to permit approval and its subsequent development.

(g)

No hazardous waste facility project shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators.

(h)

All owners or operators shall prepare and submit an annual emergency response preparedness report to the director. The report shall be initialed by each person at the facility who has emergency response assignments.

(i)

All owners or operators shall submit an annual air, soil, and groundwater monitoring report to the director.

(j)

The facility owner and operator shall be responsible for all costs of responding to a release of hazardous wastes.

(k)

Any storage, treatment, disposal or transportation of "extremely hazardous waste" by the owner or operator, as defined by state law (Health and Safety Code § 25115), shall be reported to the director, as conditioned during project approval.

(l)

All costs of compliance with the provisions of this chapter shall be borne by the facility owner and operator.

(m)

The city may employ any and all methods permitted by law to enforce the provisions of this chapter, and related requirements of the Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

In addition to the provisions of chapter 9.48 (Conditional Use Permits), an approved conditional use permit for a hazardous waste facility, etc. shall not exceed ten years, and upon initiation of construction, completion of the facility shall be diligently pursued.

(Ord. No. 98-193, §§ 1—4, 10-19-98)