Orange City Zoning Code
CHAPTER 17
42 HAZARDOUS WASTE FACILITIES
§ 17.42.010 Purpose and Intent.
The purpose of this chapter is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. The zoning ordinance is amended to implement general plan policies regarding Section 6.5 of Division 20 of the California Health and Safety Code and Program A-3 in the Orange County Hazardous Waste Management Plan.
[NOTE: A HANDOUT IS AVAILABLE FROM THE COMMUNITY DEVELOPMENT DEPARTMENT OUTLINING THE PROCESS SET FORTH IN STATE LAW FOR APPROVAL OF AN OFF-SITE HAZARDOUS WASTE FACILITY]
(Prior code 17.10.010; Ord. 16-92; Ord. 12-95)
§ 17.42.020 Definitions.
Unless otherwise stated, the following definitions pertain to this chapter:
means any person applying to the City for a permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "Proponent" of California Health and Safety Code Section 25199.1(i).
means a board formed to review the appeal by an applicant as defined herein of a specified hazardous waste facility land use decision disapproved by the City or County or of one or more conditions of approval placed on an approved specified hazardous waste facility or an appeal by an interested person as defined herein based solely on the grounds that the conditions imposed do not adequately protect the public health, safety, or welfare. The Governor's Appeal Board's membership purpose and procedures are defined by California Health and Safety Code Section 25199.9 through 14.
means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, reactiveness, carcinogenicity, teratogenicity, mutagenicity or flammability, or any physical, chemical, or infectious characteristic may:
Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness;
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Without limiting the foregoing, "hazardous waste" also includes any waste defined as hazardous or toxic under applicable federal, state or local laws, ordinances, rules, or regulations. |
means a technical and environmental evaluation of a proposed facility, site, and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes and potential water or air pollution. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations.
means schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.
means a person who participated in one or more public meetings or hearings held to consider an application for a land use decision for a specified hazardous waste facility project. Participation as defined in California Health and Safety Code Section 25199.1(c) includes, but is not limited to, the giving of or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at a meeting or hearing.
means a discretionary decision of the City concerning a specified hazardous waste facility including the issuance of a land use permit, a conditional use permit, the granting of a variance, the subdivision of property and the modification of existing property lines pursuant to Title 7 commencing with Section 65000 of the Government Code.
means a State required committee of locally appointed representatives, designated to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties and mission of the Committee are defined by California Health and Safety Code Section 25199.7(d) as reiterated herein by this section of this title.
means any structures, other appurtenances, and improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste including but not limited to:
Incineration facility (i.e., rotary kiln, fluid bed);
Residual repository; (receives only residuals from hazardous waste treatment facilities);
Stabilization/solidification facilities;
Chemical oxidation facilities;
Neutralization/precipitation facilities;
Transfer/storage facilities.
"Off-site hazardous waste facility" shall not include any: (a) Transportable Treatment Unit (TTU), designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or (b) permanent on-site hazardous waste facility at the location where hazardous waste is produced, and which is owned by, leased to, or under the control of the producer of the waste. |
means the State of California Office of Permit Assistance.
means the State of California Office of Planning and Research.
means a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.
means a specific off-site facility project proposal.
(Prior code 17.100.020; Ord. 16-92; Ord. 12-95)
§ 17.42.030 Permit Required.
No off-site hazardous waste facility shall be constructed, installed, operated, or maintained in, or within 300 feet of any residential, commercial, or office/professional zone or district. Off-site hazardous waste facilities shall be constructed, installed, operated, or maintained only in the M1 and M2 Zones and only after first obtaining a Hazardous Waste Facility Siting Permit (in accordance with this chapter and Division 20, Chapter 6.5 of the California Health and Safety Code, as amended from time to time including, without limitation, Sections 25199 through 25199.14) and all other applicable federal, state, county, and city permits, licenses, and approvals. The Hazardous Waste Siting Permit is also a conditional use permit, and is subject to all provisions of the Orange Municipal Code relating to conditional use permits (except as specifically modified in this chapter) in addition to the requirements of this chapter.
(Prior code 17.100.030; Ord. 16-92; Ord. 12-95)
§ 17.42.040 Application Requirements.
An application for a Hazardous Waste Facility Siting Permit shall not be deemed complete unless it includes all of the following information in such form, format, and detail as reasonably determined by the Director of Community Development:
A.
A completed application form;
B.
A completed environmental assessment form;
C.
Property owner verification/permission for request;
D.
A deposit/fee in an amount at least sufficient to pay all costs required by this chapter and/or any provision of state law to be borne by the applicant, or as otherwise established by City Council resolution;
E.
A scaled site plan drawn in sufficient detail to clearly describe the following:
1.
Physical dimensions of property and structures;
2.
Location of existing and proposed structures;
3.
Setbacks;
4.
Methods of circulation;
5.
Ingress and egress;
6.
Utilization of property under the requested permit;
7.
The distance from the project property lines to the nearest residential structure;
8.
Proximity of the project to 100-year flood plain areas;
9.
Proximity of the project to any known earthquake fault zones;
10.
The relationship of the proposed project to all above groundwater supplies as well as known underground aquifers that could conceivably suffer contamination;
11.
Topographic description of the property and surrounding area;
12.
Existing and proposed utilities which service or will be needed to service the facility;
13.
Identification of surrounding zoning and land uses;
14.
Identification of immobile populations within one mile of the proposed site;
15.
Landscape plans showing the location and details of all landscape areas;
16.
Building elevations showing building height, exterior materials and architectural theme; and
17.
Other information as required by the Community Development Director.
F.
A preliminary geological study of the property and surrounding area which includes as deep a soils analysis as there are known aquifers, regardless of the portability of those aquifers;
G.
Identification of all waste water, treated and untreated, generated by the proposed facility and the method and place of final discharge;
H.
Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of the these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amounts, sources and types of hazardous wastes to be treated which shall be based on an actual survey of the industries to be served and be representative of the wastes that will be processed at the facility;
I.
The three sets of mailing labels, in accordance with Section 17.42.070(A), for all owners of record, as shown on the latest county equalized assessment rolls, of surrounding properties that lie within a 300-foot radius of the boundary of the project site;
J.
A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the public hearing on the application;
K.
A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include but not be limited to any ongoing monitoring necessary by other permitting agencies such as the California Department of Health Services, South Coast Air Quality Management District, Environmental Protection Agency, California Air Resources Board, Regional Water Quality Control Board, etc.;
L.
A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 17.42.110(B);
M.
An explanation of how the proposed project will meet the required findings of Section 17.42.080 and Section 17.10.030(F);
N.
A closure plan meeting the requirements of Section 17.42.110(D); and
(Prior code 17.100.040; Ord. 16-92; Ord. 12-95)
§ 17.42.050 Environmental Review.
A.
The project shall be subject to environmental analysis according to the City's established procedures pursuant to the California Environmental Quality Act.
B.
The environmental analysis shall address but not be limited to the following:
1.
Descriptions of a reasonable range of feasible alternatives to the project including, but not limited to, at least two alternative sites in addition to a "no project" alternative, which shall be reviewed pursuant to the California Environmental Quality Act.
2.
An analysis of visual, noise and any olfactory impacts associated with the project and proposed mitigation measures.
3.
An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality in the area.
4.
A health and safety assessment that analyzes in detail all probabilities of accidents or spills at the site, as well as, transportation related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Orange County.
5.
An analysis of traffic impacts associated with the project and recommended mitigation measures.
6.
An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area.
7.
Other information as required by the California Environmental Quality Act.
(Prior code 17.100.050; Ord. 16-92; Ord. 12-95; Ord. 4-00)
§ 17.42.060 Local Assessment Committee.
Pursuant to Section 25199.7 of the California Health and Safety Code, the City Council shall appoint a seven member Local Assessment Committee (LAC) for each proposed project. The City Council shall have authority to appoint additional members to this committee as they deem appropriate. Each LAC shall have the power and duties, and perform the functions set forth in said Section 25199.7 and/or as otherwise specified by state law. The LAC shall be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries or as otherwise specified by state law. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed specified hazardous waste facility project.
If the LAC and the applicant are unable to resolve all issues and differences through the procedures specified in state law, the matter shall be submitted for dispute resolution assistance by the State Office of Permit Assistance prior to any public hearings. The applicant shall pay any part of the costs for this assistance not paid by the State of California.
(Prior code 17.100.060; Ord. 16-92; Ord. 12-95)
§ 17.42.070 Public Hearings.
A.
The applicant shall provide not less than one month prior to a scheduled public hearing, three sets of mailing labels for all owners of record as shown in the latest county equalized assessment rolls that lie within a 300 foot radius of the boundary of the project site.
B.
Public Notices.
1.
Notice of a public hearing shall be given not less than 10 days prior to the date of hearing.
2.
Notices shall contain information on the project, including a brief description of the proposal, the environmental review status, and the hearing date, time and location.
3.
Notices shall be mailed out to all names on the list required by Section 17.42.070(A).
4.
Notices shall be displayed on the property and at public posting sites designated by the City Council and/or published in newspaper(s) of general circulation.
C.
Public Hearings.
1.
The Director of Community Development shall set the time and place of public hearings required to be held by the Planning Commission.
(Prior code 17.100.070; Ord. 16-92; Ord. 12-95)
§ 17.42.080 Findings.
No hazardous waste facility siting permit shall be granted unless the following findings are made in writing by the Planning Commission and City Council, after consideration of the evidence presented at the public hearings:
A.
The project will be consistent with the general plan.
B.
The project will not be detrimental to the health, safety, or general welfare of the community.
C.
The project site is or will be adequately served by roads and other public or private service facilities.
D.
The project will be consistent with the Regional Fair Share Facility Needs Assessment and siting policies established in the Orange County Hazardous Waste Management Plan.
F.
The project will meet the required findings for a conditional use permit set forth in Section 17.10.030(F) of the Orange Municipal Code.
(Prior code 17.100.080; Ord. 16-92; Ord. 12-95)
§ 17.42.090 Appeals.
An applicant or an interested person may file an appeal of a land use decision made hereunder by the City Council to the Governor's Appeals Board pursuant to the California Health and Safety Code Section 25199.9, or as otherwise provided by state law.
(Prior code 17.100.090; Ord. 16-92; Ord. 12-95)
§ 17.42.100 Facility Siting Criteria and Permitting Requirements.
The following siting criteria have been established for use by hazardous waste facility applicants in locating and designing suitable facility sites and facility projects.
The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of the facility (Reference: 1988 Orange County Hazardous Waste Management Plan— Table V-3).
A.
Protect the Residents of Orange County and the City of Orange.
1.
Health and Safety Assessment. All facilities: Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment. A health and safety assessment by a state licensed expert in the applicable field (or, if no state license is applicable, a preparer otherwise shown by academic training and experience to be a qualified expert to the satisfaction of the City) is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site and surrounding area.
A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations. When environmental impact reports and health risk assessments are required, their scope should provide the information and analysis required, and thereby suffice for the health and safety assessment.
The health and safety assessment shall evaluate, at minimum the area within 2,000 feet of the site, which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations within that area and on immobile populations within one mile of the site. Sensitive populations include residential populations, employment populations, and immobile populations such as those in schools, hospitals, convalescent homes, jails and other similar facilities within the area of potential impact. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operational practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The assessment shall include a hydrologic evaluation, and shall assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The assessment shall detail credible potential accidents, including the distance over which effects would carry a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with onsite trained personnel and equipment.
Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.
2.
Distance from Populations.
a.
Treatment, Recycling and Collection Facilities. Facilities shall comply with local minimum zoning code setbacks unless a greater buffer distance from other uses is deemed necessary, based on a required Health and Safety Assessment.
b.
Residuals Repositories. A minimum buffer distance of 2,000 feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code Section 25202.5. The size of the buffer zone necessary to protect public health and safety will be identified based on a required health and safety assessment.
B.
Ensure the Structural Stability of the Facility.
1.
Floodplains.
a.
All Facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility.
b.
Treatment, Recycling and Collection Facilities. Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall, or snow melt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent inundation or washout.
c.
Residual Repositories. Repositories are prohibited from locating in floodplain areas subject to 100-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (CFR), Title 40, Section 264.18(b), and California Administrative Code (CAC), Title 22, Section 66391(a)(11)(b).
2.
Earthquakes—All Facilities. Facilities must have a minimum 200-foot setback from active or recently active geologic faults, per the California Administrative code (CAC), Title 22, Section 6391(a)(11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility.
3.
Unstable Soils.
a.
Treatment, Recycling and Collection Facilities. Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence, or other severe geologic constraints. The required Health and Safety Assessment will include a geologic report defining any such constraints and engineered solutions.
b.
Residual Repositories. Repositories are prohibited from locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations, Title 23, Subchapter 15, Section 2531(e). The required health and safety assessment will include a geologic report.
C.
Protect Surface and Groundwater Quality
1.
Containment and Groundwater Monitoring—All Facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility. An ongoing groundwater monitoring program should be developed in consultation with local, state and water district representatives.
2.
Water Quality.
a.
All Facilities. Facilities shall not be sited within watershed areas tributary to open reservoirs and aqueducts that contain drinking water supplies. Facilities shall locate such that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants.
As a minimum standard, facilities shall locate at least one mile from domestic supply wells in the Forebay area (principal), recharge area to the Orange County groundwater basin, and at least one-half mile from domestic supply wells in the pressure area of the Orange County groundwater basin, unless clearly demonstrated to be safe at closer proximity through the health and safety assessment. Facilities shall not locate within wellhead protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts. Facilities shall not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or groundwater resources which have been identified for beneficial uses by the Regional Water Quality Control Board Basin Plan (per State Water Resources Control Board Policy Resolution 88-63). The required health and safety assessment will identify water quality issues. Facilities must meet federal, state and local water quality requirements.
b.
Treatment, Recycling and Collection Facilities. Facilities may locate in the following areas only with increased engineering design features, such as horizontal and vertical containment and monitoring systems clearly demonstrated in the Health and Safety Assessment to be safe at the particular site, to ensure protection: (i) major aquifer recharge areas; (ii) areas of permeable strata and soils; (iii) areas where the existing groundwater has beneficial uses as described in the Basin Plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be a minimum of five feet above the highest anticipated elevation of underlying groundwater.
c.
Residuals Repositories. Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Subchapter 15, Section 2531(b) or any other applicable state, federal or local law, ordinance, rule or regulation. Repositories may be located only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the Basin Plan.
Repositories must be sited, designed and operated to ensure that hazardous materials will be a minimum of five feet above the highest anticipated elevation of any underlying groundwater.
3.
Wastewater—All Facilities. Facilities generating wastewater should be located in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state and local sewering agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit.
D.
Protect Air Quality. Air Quality Nonattainment and PSD Areas—All Facilities. Facilities are prohibited in Class I areas as identified in the Clean Air Act, and within wilderness, National Parks, memorial areas and similarly dedicated areas. Facilities may be sited in other nonattainment and PSD (Prevention of Significant Deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility.
E.
Protect Environmentally Sensitive Areas.
1.
Wetlands—All Facilities. Facilities are prohibited from locating in wetlands such as saltwater, freshwater and brackish marshes, swamps and bogs, as defined in local, regional, and state plans and policies (generally, areas inundated by surface or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).
2.
Animal and Plant Habitats—All Facilities. Facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or state plans and policies.
3.
Prime Agricultural Lands—All Facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.
4.
Recreational, Cultural and Aesthetic Resources.
a.
Collection Facilities. Low volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, state or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents or visitors in these areas.
b.
Treatment and Recycling Facilities and Residuals Repositories. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies.
5.
Mineral Resource Areas—All Facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.
F.
Ensure Safe Transportation of Hazardous Waste.
1.
Proximity to Waste Generation Areas.
a.
Treatment, Recycling and Collection Facilities. Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.
b.
Residuals Repositories. Repositories may be located more distance from the sources of hazardous waste generation than other facilities because of the need for larger land areas and buffer zones.
2.
Proximity and Access to Major Routes—All Facilities. Facilities shall be located to minimize distance from major transportation routes. Facilities must have good access by road designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc.
The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.
G.
Protect the Social and Economic Goals of the Community.
1.
Consistency with General Plan—All Facilities. Facilities must be consistent with local planning policies, including the City general plan and zoning ordinances.
2.
Fiscal Impact—All Facilities. A facility's fiscal impact to the City must be demonstrated.
3.
Socioeconomic Impacts—All Facilities. The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility.
4.
Consistency with Orange County Hazardous Waste Management Plan—All Facilities. Facilities shall be consistent with the goals and policies of the Orange County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established herein. Facilities shall be consistent with the fair share principle, and with any inter-jurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Orange County, or to meet the County's broader regional commitments under an inter-jurisdictional agreement.
(Prior code 17.100.100; Ord. 16-92; Ord. 12-95; Ord. 4-00)
§ 17.42.110 Special Development Requirements.
A.
Generally Applicable Conditions. Every City hazardous waste facility permit is deemed to be subject to the following conditions, whether or not specifically listed in the permit approval, and the applicant and facility operator shall comply with each of the following:
1.
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.
2.
The operator shall provide a 24 hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.
3.
An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff) shall be constructed which completely surrounds the facility.
4.
All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. 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, in sufficient numbers to be seen from any approach.
The legend shall be written in English, Spanish and any other language predominate in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger-Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
B.
Contingency Plan.
1.
Every hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned release occurs.
2.
The contingency plan shall include:
a.
The actions employees must take in response to a fire, explosion, or unplanned release of hazardous waste;
b.
Procedures for notification of emergency response agencies;
c.
The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan;
d.
A listing of all emergency equipment at the facility, including its location and an outline of its capabilities;
e.
An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes.
3.
Facility emergency coordinator responsibilities shall be identified in the contingency plan to include, at minimum, the following:
a.
In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contact all appropriate state and/or local emergency response agencies.
b.
In the event of a fire, explosion, or release of hazardous material, the emergency coordinator shall immediately identify and disclose to all appropriate state and/or local emergency response agencies the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards both direct and indirect, to human health or the environment that may result from the emergency.
d.
If evacuation is necessary, local officials shall be so notified.
e.
The emergency coordinator shall, in every situation, promptly notify the State Office of Emergency Services by telephone or such other telecommunications as provided by that office, providing the following information:
g.
If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure build-ups, gas generation or ruptures in valves, pipes or other equipment as appropriate.
h.
Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.
4.
Owner/operator responsibilities shall be identified in the contingency plan to include, at minimum, the following:
a.
Notify the State Department of Health Services and appropriate state and local authorities that the above requirements have been met before operations are resumed in the affected area.
b.
Record the time, date and details of any incident which requires implementing the contingency plan.
c.
Within 15 days submit a written report on the incident to the State Department of Health Services. The report shall include:
i.
Name, address and telephone number of the owner/operator;
ii.
Name, address and telephone number of the facility;
iii.
Date, time and type of incident;
iv.
Name and quantity of materials involved;
v.
Extent of any injuries;
vi.
Assessment of actual or potential hazards to human health or the environment, where applicable; and
vii.
An estimate of the quantity of material recovered and its disposition.
d.
A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to the City and county police and fire departments, local hospitals, and the county environmental health agency.
e.
The contingency plan shall be reviewed and amended when any of the following occur:
i.
The facility permit is revised;
ii.
Applicable regulations are revised;
iii.
The plan fails in an emergency;
iv.
Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste;
v.
The list of emergency coordinators changes;
vi.
The list of emergency equipment changes.
C.
Monitoring.
1.
Upon notice, City officials, their designated representative and representatives of other affected regulatory agencies may enter a parcel on which a hazardous waste facility permit has been granted for the purpose of monitoring the operation of the facility.
2.
In addition to the requirements of Chapter 15.33 of the Orange Municipal Code, the holder of a hazardous waste facility permit shall report quarterly to the City of Orange Fire Department, the amount, type and disposition of all wastes processed by the facility. The report shall also include a map showing the exact location (coordinates and elevation) by quantity and types of materials placed in repositories (or otherwise stored or disposed of) onsite.
3.
All structures shall remain accessible for inspection purposes.
D.
Closure Plan. Pursuant to Section 17.42.040(N), the owner or operator of a hazardous waste management facility shall submit a written closure plan, which must be approved as part of the permit process by the City Council. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of its intended operating life. The closure plan shall include at least:
1.
A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility.
2.
An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.
3.
A description of the steps needed to decontaminate facility equipment during closure.
4.
An estimate of the expected year of closure and a schedule for final closure. The schedule shall include at minimum, the total time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. The owner or operator may amend his or her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change of operating plans or facility design, he or she shall request a modification of the closure plan at the same time.
5.
The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project; the nature and type of reclamation, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site.
6.
The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post closure monitoring maintenance, per Section 17.42.110(E)(3).
E.
Financial Responsibility. Prior to issuance of an "Occupancy Permit" to begin the use identified in this permit, the applicant shall show proof of liability insurance as follows:
1.
The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall be in form, substance and amounts, and with carriers, acceptable to the City; shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.
2.
Additionally, coverage will be provided for workers compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.
3.
An irrevocable trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of hazardous wastes received and processed or percentage of gross income. The terms of the trust shall be in amounts and reasonably calculated to provide sufficient funds to fully implement the closure, and shall be in form and substance acceptable to the Community Development Director. The terms will be reviewed annually regarding the amount of funds in the trust and anticipated closure monitoring and maintenance costs. Applicant shall also provide a bond in an amount to be determined by the City for purposes of closure of the site.
4.
The applicant shall defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
F.
Additional Conditions. The Planning Commission or City Council may impose such additional conditions upon any hazardous waste facility permit as it deems necessary or proper to achieve the purposes of this ordinance and the City's general plan and/or to protect the health, safety and general welfare of the community or affected persons and property.
(Prior code 17.100.110; Ord. 16-92; Ord. 12-95)
§ 17.42.120 Use of Permit.
A.
Qualifying Facilities. A Hazardous Waste Facility Siting Permit shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved facility permit, unless a separate application is made therefor, which shall satisfy the same procedures and requirements as those for an initial application.
B.
Expiration of Permit. Any Hazardous Waste Facility Siting Permit that is granted shall be used within two years from the effective date thereof, or within such additional time as may be set forth in the conditions of approval, which shall not exceed a total of five years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than five years the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the body issuing the original permit, on forms provided by the Community Development Department and shall be filed with the Community Development Department accompanied by the appropriate fee. Within 60 days following the filing of a request for an extension, the matter shall be set as an advertised public hearing on the regular agenda of the City Council who shall review the application. An extension of time may be granted upon a determination that valid reason exists for permittee not using the permit within the required period of time; that the permittee has complied in good faith with all applicable conditions of the permit to date; and that there has been no intervening change in circumstances that would render the extension a potential detriment to health, safety or general welfare. The City Council in granting an extension may impose additional conditions or modify previous conditions as it may deem necessary or proper based upon the applicable standards for granting an original permit. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of seven years, calculated from the effective date of the issuance of the original permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.
C.
Permit Review and Renewal. Permit review and renewal shall be determined at the time of approval, but an initial review and renewal procedure shall be required not more than three years from the date of project completion.
(Prior code 17.100.120; Ord. 16-92; Ord. 12-95)