The hazardous waste (HW) overlay zone is established by this chapter in order to achieve the following purposes:

A.

To regulate the disposal, storage, generation transfer, treatment, handling and transportation of hazardous waste, materials and substances as defined in Section 18.47.030;

B.

To provide specific requirements applicable to the siting or expansion of a hazardous waste facility in order to safeguard life, health, property and the public welfare.

(Ord. 1174 § 1 (part), 1992)

The hazardous waste overlay zone established by this chapter shall apply to all properties located in the heavy industrial district of the Agua Mansa Industrial Corridor Specific Plan Area which conforms to the provisions of this chapter. The provisions of this chapter shall have precedence over the regulations of the district in which the properties are classified.

(Ord. 1174 § 1 (part), 1992)

For the purpose of this chapter the following definitions shall apply:

A.

"Cement kiln incineration" means the burning of organic wastes as a supplementary fuel at very high temperatures during the production of cement.

B.

"Class "I" land disposal facility" means a land disposal facility which must conform to the requirements of the State Water Resources Control Board for class "I" units, and which must be located where natural geologic features provide optimum conditions for isolation of wastes from waters of the state. Currently, these facilities may accept solid and dry hazardous waste.

C.

"Class "II" land disposal facility" means a land disposal facility which must be located where site characteristics and containment structures isolate wastes from the waters of the state. Class "II" land disposal facilities are suitable for wastes which have been granted a variance from hazardous waste management requirements pursuant to 22 CCR 66310.

D.

"Class "III" land disposal facility" means a land disposal facility for nonhazardous waste including garbage, trash, refuse, paper, ashes, etc., provided such wastes do not contain hazardous or designated wastes. Class "III" facilities must conform to the requirements of the State Resources Control Board as specified in 22 CCR Chapter 3, subchapter 15 and must be located where site characteristics provide adequate separation between the waste and the waters of the state. It is also called municipal or sanitary landfill.

E.

"Deep well injection" means subsurface emplacement of fluids through a bored, drilled or driven well, or through a dug well, where the depth of the dug well is greater than the largest surface dimension (22 CCR 66224).

F.

"Hazardous material" means a substance or combination of substances which, because of its quantity, concentration, physical, chemical or infectious characteristics, may either:

1.

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

2.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported or disposed of or otherwise managed Unless expressly provided otherwise the term hazardous material" shall be understood to also include extremely hazardous material (22 CCR 66084).

G.

"Hazardous substance" means:

1.

Any substance designated pursuant to Section 1321(b);

2.

(A) of Title 33 of the United States Code;

3.

Any element, compound mixture, solution or substance designated pursuant to Section 102 of the Federal Act, 42 USC 9602;

4.

Any hazardous waste having the characteristics identified under or listed pursuant to 42 USC 6921 of the United States Code, but not including any waste the regulations of which under the Solid Waste Disposal Act has been suspended by act of Congress,

5.

Any toxic pollutant listed under 33 USC 1317(a);

6.

Any hazardous air pollutant listed under 42 USC 7412;

7.

Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to 15 USC 2606;

8.

Any hazardous waste or extremely hazardous waste as defined by Sections 25117 and 25115, respectively, unless expressly excluded, Health and Safety Code Section 25316.

H.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, physical, chemical or infectious characteristics may either:

1.

Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness;

2.

Pose a substantial present or potential hazard to human health or environment when improperly treated, stored transported or disposed of or otherwise managed. Unless expressly provided otherwise the term hazardous waste" shall be understood to also include extremely hazardous waste, Health and Safety Code, Section 25117;

3.

The EPA has established four characteristics of hazardous waste than can be determined by tests:

a.

Ignitability. The ability to catch fire, or to burst into flame spontaneously or by interaction with another substance or material,

b.

Corrosivity. The ability to wear away or destroy other materials, including human tissue,

c.

Reactivity. The ability to enter into a violent chemical reaction which may involve explosion or fumes,

d.

Toxicity. The ability to release certain toxic constituents when leached with a mild acid (extraction procedure or waste extraction test), or demonstrate toxicity in animal studies (22 CCR 66696 et seq.).

I.

"Hazardous waste facility" means any structure, other appurtenances and improvements on the land and all contiguous land used for treatment, transfer storage resource recovery, disposal or recycling of hazardous waste (California Health and Safety Code, Section 25117.1).

J.

"Hazardous waste landfill" means a disposal facility, or part of a facility, where hazardous waste is placed in or on land that is not a land treatment facility, a surface impoundment, or an injection well (22 CCR 66123). Since 1990, the disposal of untreated hazardous waste, except solid clean up waste from existing contaminated sites in a landfill has been illegal (California Health and Safety Code, Section 25179.6).

K.

"Household hazardous waste collection center" means a collection center which accepts household hazardous waste from residents, which consists of but is not limited to paint, waste oil, thinners, household cleansers, etc., with a capacity of less than fifty drums of waste. For the purpose of this chapter, a "drum" is defined as an industrial container with a maximum liquid or solid capacity of fifty-five gallons.

L.

"Incinerator" means an enclosed device using controlled flame combustion, the primary purpose of which is to thermally break down hazardous waste. Examples are a rotary kiln, fluidized bed liquid injection and a cement kiln.

M.

"Land disposal facility" means where hazardous waste is disposed in, on, under or to the land.

N.

"Land farming" or "land application, land spreading" means a treatment technique which involves spreading the waste on land and utilizing evaporation and microbial action to degrade the wastes. This technique is used primarily for crude oil wastes.

O.

"Off-site hazardous waste facility" means an operation involving handling, treatment, storage or disposal of hazardous waste at a site physically separate from the site where the waste was generated; at a site not owned by or leased to the producer of the waste; or at a site which receives waste from more than one generator (Also see specified hazardous waste facility).

P.

"On-site hazardous waste facility" means an operation involving treatment, storage or disposal of hazardous waste on land owned by the waste producer, contiguous to the site of waste generation, which receives hazardous waste produced only by the generator.

Q.

"Residuals repository" means a hazardous waste facility which accepts only treated hazardous waste, meets all applicable federal and state regulations, and holds a hazardous waste facility permit.

R.

"Specified hazardous waste facility" means an off-site hazardous waste facility which accepts wastes from more than one producer of hazardous waste (California Health and Safety Code, Section 25199.1(m)). For purposes of this chapter, a household hazardous waste collection center with a capacity of less than fifty drums of waste is not considered a specified hazardous waste facility.

S.

"Storage facility" means a hazardous waste facility at which hazardous waste is contained for a period greater than ninety-six hours at an off-site facility or for periods greater than ninety days at an on-site facility (California Health and Safety Code Section 25123.3).

T.

"Surface impoundment" means a facility or part of a facility which is a natural topographic depression man-made excavation or diked area formed primarily of earthen materials (although it may he lined with man-made materials), which is designed to hold an accumulation of liquid wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding storage settling and aeration pits ponds and lagoons (22 CCR 66200).

U.

"Transfer stations" means any hazardous waste facility where hazardous wastes are loaded, unloaded pumped or packaged (22 CCR 66212).

V.

"Transportable treatment unit" means hazardous waste treatment works which are 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.

W.

"Treatment facility" means any facility at which hazardous waste is subjected to treatment or where a resource is recovered from a hazardous waste.

X.

"Waste pile" means any non-containerized accumulation of solid, non-flowing hazardous waste that is used for treatment or storage (22 CCR 66160).

Notwithstanding any other provision of this chapter any business whose function it is to generate, store transfer, dispose, treat, handle or transport any hazardous waste, material or substance as defined in Section 18.47.030 shall be prohibited in the following zoning districts and specific plan areas:

A.

A-1 (Agricultural);

B.

R-1A-10,000, R-1A, R-1B, R-1C, R-6,000, and PRD-D (single-family residential);

C.

R-3, R-4, and PRD-A (multi-family residential);

D.

A-P (administrative-professional), P (parking), C-1, C-1A C-2, C-3 and C-M (commercial);

E.

PID, M-1, M-2, and M-IND (industrial);

F.

Northwest Rialto Specific Plan;

G.

Rialto Central Area Specific Plan;

H.

Gateway Specific Plan Area;

I.

Other zoning districts or specific plan areas adopted after adoption of the hazardous waste overlay zone.

(Ord. 1174 § 1 (part), 1992)

The following uses shall be permitted in the hazardous waste overlay district:

A.

Household Hazardous Waste Collection Centers. Household hazardous waste collection centers shall be subject to the following regulations:

1.

Household hazardous waste collection centers proposing more than fifty drums must be located a minimum of two thousand feet from residential areas, schools, hospitals or any other environmentally sensitive use.

(Ord. 1174 § 1 (part), 1992)

The following facilities or processes as defined in Section 18.47.030 shall be permitted in the hazardous waste overlay district subject to city planning commission review and recommendation and the city council granting of a conditional development permit (CDP) subject to the provisions of Chapter 18.66 of this code as well as the completion of an initial environmental study to determine if a full environmental impact report (pursuant to Chapter 18.70 of this code) and risk assessment is necessary:

A.

On-site hazardous waste facility;

B.

Off-site storage facility;

C.

Off-site treatment facility;

D.

Transfer station (hazardous waste);

E.

Class III disposal facilities.

(Ord. 1174 § 1 (part), 1992)

The following uses as defined in Section 18.47.030 shall be prohibited in the hazardous waste overlay district:

A.

Cement kiln incinerator (proposing to burn hazardous waste);

B.

Class I disposal facilities, including residuals repository;

C.

Class II disposal facilities;

D.

Hazardous waste landfill;

E.

Incinerator;

F.

Land disposal facility;

G.

Land fanning;

H.

Specified hazardous waste facility;

I.

Surface impoundment;

J.

Transportable treatment unit;

K.

Waste pile;

L.

Deep well injection.

(Ord. 1174 § 1 (part), 1992)

In addition to the requirements of City Council Resolution No. 2507 (Precise Plan of Design), all uses in the hazardous waste overlay district shall conform with the following site development standards. As used in this section, the term "hazardous waste facility" includes an on-site facility at which hazardous waste, material or substances is treated, stored, transferred, handled or disposed of.

A.

Use of Required Setback Areas. Except as otherwise provided in the heavy industrial specific plan district, required setback areas adjoining streets may be used only for landscaping, access drives walkways lighting standards, other public utility facilities and signs in accordance with the provisions of the heavy industrial specific plan district.

B.

Outdoor Storage of Materials. The outdoor storage of materials and equipment shall be permitted only within an area surrounded by a security wall at least twelve feet in height with gates capable of being locked. Chemicals/materials with low flash points must be stored inside an enclosed building in accordance with city fire department specifications. Within outdoor storage areas, except for trucks or other vehicles necessary for the operation, no materials or equipment shall be stored to a height greater than ten feet. In the hazardous waste overlay zone, where the storage area is visible from a public street or from adjoining properties zoned or muse for residential, office, public or commercial purposes, the storage area shall be screened by a twelve-foot sight-obscuring wall along the side of the storage area facing the street or adjoining zone or use.

C.

Security Fencing for Uses Employing Hazardous Waste. For any use in which a hazardous waste of any kind is employed in a process or activity, a security wall at least twelve feet in height with gates capable of being locked shall be provided at the perimeter of the area within which the process or activity is conducted, and the gates shall be kept closed and locked at all times when not in use or under direct supervision.

D.

Circulation. All internal roads and all access roads to the proposed facility shall be constructed or improved to city standards as approved by the city engineering division.

E.

Locational Criteria.

1.

No hazardous waste facility shall be located closer than five hundred feet from any lot line.

2.

No hazardous waste facility shall be located within two thousand feet of the lot line of any lot actually used or zoned for residential or institutional use.

3.

No hazardous waste facility shall be located within an area subject to liquefaction.

F.

Safety and Security.

1.

The CDP holder shall prevent any unknown entry and minimize the possibility for the unauthorized entry of persons or livestock onto any portion of the facility.

2.

The CDP holder shall provide a twenty-four hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility

3.

All gates or other entrances to 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 sufficient other locations to be seen from any approach. The legend shall be written in English, Spanish and any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least twenty-five feet.

G.

Seismic Safety. A hazardous waste facility shall comply with the requirements of the applicable seismic zone of the Uniform Building Code or with the seismic design recommendation in an approved geotechnical report on the project.

H.

Monitoring.

1.

Upon reasonable notice, city officials or their designated representatives may enter a parcel on which a hazardous waste facility CDP has been granted for the purpose of monitoring the operation of the facility.

2.

The holder of a hazardous waste facility CDP shall report quarterly to the city fire and planning departments the amount, type and disposition of all wastes processed by the facility The report shall include copies of all manifests showing the delivery and types of hazardous waste. The report shall also include a map showing the exact location (coordinates and elevation), quantities and types of wastes placed in repositories or otherwise stored or disposed of on the site.

I.

Types and quantities of hazardous wastes. A hazardous waste facility CDP shall be granted for only those wastes and quantities of wastes specified in the conditions of approval. No additional types of wastes or increases in those quantities of approved wastes shall be allowed beyond those specified in the approved CDP unless a separate application is made therefore in accordance with the same procedures as those required for an initial application.

J.

Emergency Procedures. Every hazardous waste facility shall have a contingency plan for emergency procedures designed to minimize hazards to human health and the environment from fires, explosions or unplanned 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 fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall designate a local facility emergency coordinator to implement the contingency plan and notify local and state emergency response agencies in the event of a fire, explosion or release of hazardous waste.

K.

Closure.

1.

Every hazardous waste facility shall have a written closure plan 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. A copy of the closure plan and all revisions to the plan shall be filed with the city and shall be kept at the facility until closure is completed.

2.

Every hazardous waste facility where hazardous waste will remain after closure shall have a written post-closure plan providing for post-closure monitoring, care and maintenance. A copy of the post-closure plan and all revisions to the plan shall be filed with the city fire department and planning division.

3.

The holder of a hazardous waste facility CDP shall establish and continuously maintain financial assurance for closure of the facility and for post-closure care if required. Copies of all documents demonstrating such financial assurance shall be filed with the city administrative, fire and planning departments.

L.

Financial Responsibility.

1.

Prior to the commencement of any use under a hazardous waste facility CDP, the holder of the CDP shall provide proof of insurance as required in the conditions of permit approval 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 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.

The holder of a hazardous waste facility CDP shall defend, indemnify and hold harmless the city and its officers, agents, servants and employees from all claims.

M.

Use and Revocation of a CDP. A hazardous waste facility CDP may be used or revoked at the discretion of the city council based on the CDP holder's operation of the hazardous waste facility in strict compliance with federal and state laws and the regulations of this chapter.

(Ord. 1234 (part), 1995: Ord. 1174 § 1 (part), 1992)

The following criteria shall be applicable to any hazardous waste facility within the guidelines of the hazardous waste overlay district.

A.

Procedure.

The following procedures are for the purpose of identifying the steps for processing an application for a hazardous waste facility CDP. These procedures include the steps to be taken by the applicant/representative, public utility/district, county of San Bernardino, state of California and the city of Rialto.

1.

At least ninety days before filing an application with the city for land use decision for a hazardous waste facility project, the applicant shall file with the Office of Permit Assistance (OPA) in the state's Office of Planning and Research and with the city a notice of intent to make an application. The notice of intent shall contain a complete description of the nature, function, use, phasing and scope of the project. The OPA shall immediately notify the affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, and shall notify, by a direct mailing, the owners of property within a one-half mile radius, as shown in the latest equalized tax assessment role. The applicant is required to provide the planning department with one set of typed mailing labels for all owners of real property located within a one-half mile of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll. To provide a means of verification, the applicant shall submit a property ownership map indicating those properties within the one mile radius of the site boundaries with the assessor's parcel number identified on each property. To process the notice of intent, the applicant shall pay a fee to the city, as established by resolution of the city council, in order to cover incurred expenses (staff time, advertising notification phone calls and photo copying) to process the hazardous waste facility project application. Such fee shall be deposited into a special account and all funds not expended to process the application will be refunded to the applicant upon completion of processing.

2.

Within ninety days after a notice of intent is filed with the OPA and the city, the OPA shall convene a public meeting within the city to inform the public on the nature, function, life, phasing and scope of the of the proposed facility and the procedures that are required for approving applications for the project. The city will coordinate with OPA regarding the location and time of the meeting with representatives in attendance. (Requirement of Section 25199.7(c) of the California Health & Safety Code.)

3.

Within ninety days after receiving a notification of the filing of a notice of intent, the city shall appoint a seven-member local assessment committee (LAC) pursuant to subsection B of this section. (Requirement of Section 25199.7(d) of the California Health & Safety Code.)

4.

The city shall notify the OPA within ten days after an application for a hazardous waste facility project is accepted as complete. Within sixty days after receiving this notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, the local assessment committee and the interested public, for the purpose of determining the issues which concern the agencies and the public. The meeting shall take place in the city (Requirement of Section 25199.7(b) of the California Health & Safety Code).

5.

Following the meeting as specified in subsection (A)(2) of this section, the applicant and the LAC of the city shall meet and confer on the hazardous waste facility project for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. (Requirement of Section 25199.7(1) of the California Health & Safety Code.)

6.

At the request of the applicant, the city council shall within sixty calendar days after the city has determined the application for a hazardous waste facility complete, issue an initial written determination on whether the hazardous waste facility project is consistent with the city General Plan, zoning ordinances, development policies, fair share requirements, and the San Bernardino County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California Health & Safety Code.)

7.

The applicant for a hazardous waste facility project shall pay a fee, established by the OPA, equal to the cost of hiring independent consultants to review the project. The OPA shall deposit these fees in the Local Agency Technical Assistance Account, created within the state General Fund. The moneys in that account may be expended by the OPA, upon appropriation by the legislature, to make technical assistance grants to the LAC to enable the LAC to hire an independent consultant to assist the LAC in reviewing the project and negotiation terms and conditions with the applicant. The city may request technical assistance from any state, county or local agency which authorizes permits for hazardous waste facilities projects. (Requirement of Section 25199.17(g) of the California Health & Safety Code.)

8.

An applicant may file an appeal of a land use decision made by the city approval body for a hazardous waste facility project with the Governor or the Governor's designee. (Requirement of Section 25199.7(g) of the California Health & Safety Code.)

B.

Local Assessment Committee Formation.

Pursuant to subsection (A)(3) of this section, the city council shall appoint a seven-member local assessment committee. (Note: The city may have authority to appoint additional members to this committee as deemed appropriate.)

1.

The membership of the LAC shall:

a.

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. 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. (Requirement of Section 25199.7(d)(1) of the California Health & Safety Code.);

b.

Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of and conditions for project approval which would protect the public health, safety and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation. (Requirement of Section 25199.7(d)(2)(A) of the California Health & Safety Code.);

c.

Represent generally, in negotiation with the applicant the interests of the residents and businesses of the city and the interests of adjacent communities. (Requirement of Section 25199.7(d)(2)(B) of the California Health & Safety Code.);

d.

Receive and expend the technical assistance grants made available as specified in subsection (A)(7) of this section (Requirement of Section 25199.7(d)(2)(C) of the California Health & Safety Code);

e.

Adopt rules and procedures which are necessary to perform its duties as outlined in this section. (Requirement of Section 25199.7(d)(2)(D) of the California Health & Safety Code.);

f.

Advise the city of the terms, provisions and conditions of project approval which have been agreed upon by the LAC and the applicant and of any additional information which the LAC deems appropriate. The legislative body of the city may use this advice for its independent consideration of the project. (Requirement of Section 25199.7(d)(2)(E) of the California Health & Safety Code.);

g.

Cease to exist after final administrative action has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed. (Requirement of Section 25199.7(d)(4) of the California Health & Safety Code.);

2.

The city approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health & Safety Code.)

3.

If the LAC and the applicant cannot resolve any differences through the meetings specified in subsection (A)(5) of this section, the OPA may recommend the use of a mediator. The applicant shall pay one-half of the costs for this mediation and the remaining costs shall be paid, upon appropriation by the legislature, from the state General Fund. (Requirement of Section 25199.7(h) of the California Health & Safety Code.)

C.

Public Hearing.

Public hearings shall be held on an application for a hazardous waste facility CDP in accordance with the provisions of Chapter 18.66 of this code, and except as otherwise expressly provided in this section, all of the procedural requirements as set forth therein shall apply. The hearing bodies shall be the planning commission and city council. The decision of the city council is final, except as specified in subsection (A)(8) of this section.

1.

In addition to the notice of hearing provided under Chapter 18.66, notice of hearing on an application for a hazardous waste facility CDP shall be given by mall at least ten days prior to the hearing to:

a.

All owners of real property which is located within a one-half mile of the exterior boundaries of the subject property as such owners are shown on the last equalized assessment roll and any update; and

b.

All registered voters residing within a one-half mile of the exterior boundaries of the subject property;

c.

A property owner verification map indicating those properties within the one half-mile radius of the exterior boundaries with the assessor's parcel number identified on each property and the latest copy of the county registrar of voters roll for those voters residing within the one-half mile radius of the exterior site boundaries.

2.

No application for a hazardous waste facility CDP shall be approved unless an environmental impact report (EIR) and risk assessment is completed in accordance with the California Environmental Quality Act (CEQA).

D.

Application.

Every application for a hazardous waste facility CDP shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by a filing fee as established by resolution of the city council. The permit application shall include all maps drawings plans tabulations and other documents prescribed on the application form In addition the following information is required:

1.

Identification of all wastewater treated and untreated which will be generated by the proposed facility and the method and place of final discharge;

2.

An analysis of all visual, noise, soils and odor impacts associated with the project and proposed mitigation measures;

3.

An analysis of all air quality impacts associated with the project and proposed mitigation measures to insure no degradation of air quality in the area;

4.

Identification of any rare or endangered species of plants or animals within the project site and proposed impact mitigation measures;

5.

Identification of the amounts, sources and types of hazardous wastes to be treated, stored, transferred, handled or disposed of at the proposed facility: the ultimate disposition of the wastes; and the anticipated life of the facility. Information as to the amounts sources and types of hazardous wastes shall be based on an actual survey of the industries to be served and shall be representative of the wastes that will be processed at the facility;

6.

All hazardous waste facility applications shall include information about the project proponents past business practices with a copy of the disclosure statement required by the Health and Safety Code, Section 25200.4;

7.

Three sets of mailing labels for all owners of real property located within one-half mile of the exterior boundaries of the subject property, as such owners are shown on the last equalized assessment roll and any update, and three sets of mailing labels for all registered voters residing within a one-half mile of the exterior boundaries of the subject property;

8.

A risk assessment that analyzes in detail the probability of accident or discharges both at the facility and in transportation to and from the facility. The risk assessment shall identify mitigation measures to reduce identified risks, and shall provide:

a.

A description of the projected volumes of hazardous waste transported into and through the city,

b.

Identification of all reasonably available highway and railway routes in the city and surrounding area, and the development and comparison of the risk associated with the alternate routes,

c.

A comparison of the risk associated with transporting hazardous materials and/or waste in different truck and rail cargo tanks,

d.

An identification of the route-specific, risk-reducing measures for each route examined, and

e.

An identification and evaluation of the procedures, technology, and external risk-reducing measures to transport hazardous materials and/or waste by truck and rail;

9.

A plan providing for an ongoing monitoring program to insure no unintentional release of any hazardous substance from the facility. The plan shall include any monitoring required by other permitting agencies;

10.

All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act (CEQA) Section 15126(d);

11.

A plan for supplementary public review and comment on the proposed project prior to the public hearing. This plan shall provide for adequate public review and comment on the project in order to reduce public concerns prior to formal public hearing;

12.

A contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden 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.

(Ord. 1174 § 1 (part), 1992)

Development plan approval in accordance with the provisions of Chapter 18.66 of the this code and Section 18.47.090(C) of this chapter shall be required for conditional uses in the hazardous waste overlay district.

(Ord. 1174 § 1 (part), 1992)

The city council declares that, should any section, paragraph, sentence or word of this chapter be declared for any reason to be held invalid, it is the intent of the city council that it would have passed and adopted all other portions of this chapter independent of the elimination therefrom of any such portion as may be declared invalid.

(Ord. 1174 § 2, 1992)