Because of the increasing problems associated with the disposal of hazardous wastes within the county of Riverside, it is necessary 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. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(a))

A.

A hazardous waste facility is permitted in the M-H (manufacturing-heavy) zone provided a hazardous waste facility siting permit is first granted pursuant to this chapter.

B.

As used herein, the terms "hazardous waste" and "extremely hazardous waste" shall include any wastes now or hereafter defined as hazardous or extremely hazardous by applicable provisions of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. As used herein, the term "hazardous waste" shall not include any "extremely hazardous waste".

C.

As used herein, the term "hazardous waste facility" shall include any off-site facility at which hazardous waste is treated, stored, transferred, handled or disposed of, including but not limited to:

1.

Incineration facilities such as rotary kiln or fluidized bed incinerators;

2.

Residuals repositories;

3.

Stabilization or solidification facilities;

4.

Chemical oxidation facilities;

5.

Neutralization or precipitation facilities;

6.

Transfer or storage facilities.

D.

No application for a permit to site a hazardous waste facility shall be accepted, which application proposes to treat, store, transfer, handle or dispose of extremely hazardous waste at the proposed facility, nor shall any hazardous waste facility which is issued a siting permit pursuant to this chapter at any time accept any extremely hazardous waste for treatment, storage, transfer, handling or disposal.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(b))

A.

A public hearing shall be held on an application for a hazardous waste facility siting permit in accordance with the provisions of Chapter 17.192, and except as otherwise expressly provided herein, all of the procedural requirements and rights of appeal as set forth therein shall apply. The hearing body shall be the planning commission.

B.

In addition to the notice of hearing provided under Chapter 17.192, notice of hearing on an application for a hazardous waste facility siting permit shall be given by mail at least ten (10) days prior to the hearing to:

1.

All owners of real property which is located within five miles of the exterior boundaries of the subject property as such owners are shown on the last equalized assessment roll and any update; and

2.

All registered voters residing within five miles of the exterior boundaries of the subject property.

C.

No application for a hazardous waste facility siting permit shall be approved unless an environmental impact report is completed in accordance with the California Environmental Quality Act (CEQA) and the Riverside County Rules Implementing CEQA.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(c))

Every application for a hazardous waste facility siting permit shall be made in writing to the planning director on the forms provided by the planning department and shall be accompanied by the filing fee as set forth in county Ordinance No. 671. The permit application shall include the following information:

A.

Name and address of the applicant;

B.

Evidence that the applicant is the owner of the property involved or has written permission of the owner to make such application;

C.

A plot and development 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 line to the nearest residential structure,

8.

Proximity of the project to one hundred (100) year flood prone areas,

9.

Proximity of the project to any known earthquake fault zones,

10.

The relationship of the proposed project to all aboveground water supplies and all known underground aquifers that might suffer contamination,

11.

Topographic description of the property and surrounding area,

12.

A preliminary geological study of the property and the surrounding area including a soils analysis extending to all known aquifers, regardless of the potability of the waters of those aquifers,

13.

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

D.

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

E.

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

F.

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;

G.

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

H.

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;

I.

Three sets of mailing labels for all owners of real property located within five miles 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 five miles of the exterior boundaries of the subject property. These mailing labels need not accompany the application but shall be supplied by the applicant prior to the public hearing upon notice from the planning director;

J.

A risk assessment that analyzes in detail the probability of accidents 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 identify the routes proposed for transporting hazardous wastes to and from the facility;

K.

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;

L.

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

M.

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;

N.

A 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 contingency plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder;

O.

Such additional information as shall be required by the planning director.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(d))

No person shall erect, maintain or operate a hazardous waste facility in the unincorporated area of the county of Riverside except in accordance with the following provisions:

A.

All internal roads and all access roads to the proposed facility shall be constructed or improved to county standards as approved by the road department.

B.

Locational Criteria:

1.

No hazardous waste facility, except a transfer facility or a storage facility, shall be located closer than one thousand five hundred (1,500) feet from any lot line.

2.

No hazardous waste facility shall be located within two thousand (2,000) feet of the lot line of any lot actually used or zoned for residential use. This setback shall not apply to an on-site caretaker residence.

3.

No hazardous waste facility shall be located within a dam inundation zone.

4.

No hazardous waste facility shall be located within a liquefaction area.

C.

Safety and Security.

1.

The permit holder 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 permit holder shall provide a twenty-four (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 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 (25) feet.

D.

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

E.

Monitoring.

1.

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

2.

The holder of a hazardous waste facility siting permit shall report quarterly to the county of Riverside 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.

F.

Signs. No more than two advertising signs will be permitted relating to the development on the project site. No such sign shall exceed fifteen (15) square feet in surface area or eight feet in height.

G.

No hazardous waste facility siting permit shall be granted for the treatment, storage, transfer, handling or disposal of an amount or type of waste beyond that generated within the county of Riverside unless satisfactory compensation is arranged through the Southern California Hazardous Waste Management Authority.

H.

A hazardous waste facility siting permit 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 the quantities of approved wastes shall be allowed beyond those specified in the approved permit unless a separate application is made therefor in accordance with the same procedures as those required for an initial application.

I.

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 a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The contingency plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of the plan and all amendments to the plan shall be filed with all local emergency response officials and the Riverside County health department.

J.

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. The closure plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the closure plan and all revisions to the plan shall be filed with the county department of health 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. The post-closure plan shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. A copy of the post-closure plan and all revisions to the plan shall be filed with the Riverside County department of health.

3.

The holder of a hazardous waste facility siting permit shall establish and continuously maintain financial assurance for closure of the facility and for post-closure care if required. Financial assurance shall satisfy all requirements of the Hazardous Waste Control Law (Health and Safety Code Section 25100 et seq.) and the regulations adopted thereunder. Copies of all documents demonstrating such financial assurance shall be filed with the county department of health.

K.

Financial Responsibility.

1.

Prior to the commencement of any use under a hazardous waste facility siting permit, the holder of the permit 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 County 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 siting permit shall defend, indemnify and hold harmless the county and its officers, agents, servants and employees from all claims, actions and liabilities arising out of the issuance of a hazardous waste facility siting permit, operations at the hazardous waste facility, and transportation of wastes to or from the hazardous waste facility.

L.

General Conditions. The county may impose conditions on the granting of a hazardous waste facility siting permit in order to achieve the purposes of this chapter and the Riverside County general plan and to protect the health, safety or general welfare of the community.

M.

Findings. The following findings shall be made in writing prior to granting a hazardous waste facility siting permit:

1.

The facility will be consistent with the Riverside County general plan.

2.

The facility will not be detrimental to the health, safety or general welfare of the community.

3.

The facility site is or will be adequately served by roads and other public or private service facilities.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(e))

A.

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 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 board of supervisors, on forms provided by the planning department and shall be filed with the planning director, accompanied by the fee set forth in county Ordinance No. 671. Within thirty (30) days following the filing of a request for an extension, the planning director shall set the matter on the regular agenda of the planning commission which shall review the application, make a recommendation thereon, and forward the matter on the regular agenda of the board. An extension of time may be granted by the board upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of five years, calculated from the effective date of the issuance of the permit. The term "use" means the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

B.

Life of Permit. The life of the permit shall be determined at the time of approval and shall not exceed ten (10) years.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(f))

A hazardous waste facility permit may be revoked pursuant to Chapter 17.220.

(Ord. 348.3928 § 2 (part), 2000: Ord. 348 § 18.44(g))