The disposal of hazardous waste may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when such hazardous waste is improperly treated, stored, transported or disposed of, or otherwise managed. The purpose of this section is to establish uniform standards, land use regulations and permit procedures for controlling the location, design, maintenance and safety of off-site hazardous waste facilities in conjunction with State Assembly Bill No. 1201—Tanner, 1989, Assembly Bill 2948—Tanner, 1986 and Assembly Bill 477—Greene, 1987 (Chapter 6.5 of Division 20 of the California Health and Safety Code) and Program A-3 of the Orange County Hazardous Waste Management Plan.

(Ord. 1172 § 3 (part), 1996)

The specific requirements of this section are applicable to the siting and development of off-site hazardous waste facilities as defined in Section 17.80.030, Definitions, of this chapter.

Off-site hazardous waste facility does not mean: a) transportable treatment units (TTU), 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, or b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

All such facilities (i.e., off-site, on-site, and TTU's) shall require State licensing to install and operate.

(Ord. 1172 § 3 (part), 1996)

For purposes of this chapter, the following definitions shall apply:

"Applicant" means any person applying to the City for a conditional use permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" in the Health and Safety Code Section 25199.1(i).

Building, Accessory, Attached. "Attached accessory building" means an accessory building that is structurally part of the primary building, has a common wall, and adjoining floor area. Enclosed breezeways attach primary and accessory buildings; unenclosed breezeways do not.

"Hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or physical, chemical or infectious characteristics may: 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 the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

"Incineration facility" means a facility where organic liquids and solids that cannot be reclaimed are burned.

"Neutralization/precipitation facility" means a facility where water contaminated with hazardous waste is treated.

"Off-site hazardous waste facility" 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:

1.

Incineration facility (i.e., rotary kiln, fluid bed, etc.);

2.

Residual repository (receives only residuals from hazardous waste treatment facilities);

3.

Stabilization/solidification facilities;

4.

Recovery facilities (i.e., oil, solvent);

5.

Neutralization/precipitation facilities; or

6.

Transfer/storage facilities.

Off-site hazardous waste facility does not mean: a) transportable treatment units (TTU), 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, or b) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

"Off-Site Hazardous Waste Facility Procedures Manual" means that manual adopted by the City and used for the purpose of applying for and processing an application for a Conditional Use Permit for an off-site hazardous waste facility.

"Oil recovery facility" means a facility where lubricating oil is recycled by distillation, chemical or solvent treatment.

"Residual repository" means a facility specifically restricted to receiving only solid material residuals from hazardous wastes.

"Solvent recovery facility" means a facility where organic solvents are recycled.

"Stabilization/solidification facility" means a facility where hazardous wastes that cannot be recycled, treated or destroyed are solidified or stabilized.

"Transfer/storage facility" means a facility which serves as a collection station for small quantities of waste. Like wastes are combined when the quantities become large enough to be economically shipped to a treatment or recycling facility.

(Ord. 1172 § 3 (part), 1996; Ord. No. 1720, § 5, 12-21-2021)

A.

Off-site hazardous waste facilities must be located and designed in accordance with the facility sitting criteria as specified in the Off-Site Hazardous Waste Facility Procedures Manual available from the Planning Division.

B.

An off-site hazardous waste facility shall be required to adhere to the off-site hazardous waste facility special development requirements which include, but are not limited to general conditions, safety and security, a contingency plan, monitoring, a closure plan, financial responsibility, and permit conditions as specified in the Off-Site Hazardous Waste Facility Procedures Manual available from the Planning Division.

(Ord. 1172 § 3 (part), 1996)

A.

Conditional Use Permit Required. .....Off-site hazardous waste facilities may be approved subject to a Conditional Use Permit in the manner provided in this section and the Off-Site Hazardous Waste Facility Procedures Manual.

B.

Conditional Use Permit Limitations. .....A Conditional Use Permit for an off-site hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increase in the quantity of approved wastes shall be allowed beyond those specified in the approved Conditional Use Permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.

C.

Conditional Use Permit Time Limits. .....A Conditional Use Permit granted for an off-site hazardous waste facility shall be used within three 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 seven years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, the permittee may request an extension of time in which to use the permit if such request is made prior to the expiration of the Conditional Use Permit. A request for extension of time shall be made to the Planning Commission or, if originally approved by the City Council, to the City Council, on forms provided by the Community Development Department and shall be filed with the Director of Community Development or designee, accompanied by the appropriate fee. Within 60 days following the filing of a request for an extension, the Community Development Director or designee shall set the matter as an advertised public hearing on the regular agenda of the appropriate approval body. An extension of time may be granted by the appropriate approval body upon a determination that valid reason exists for permittee not having used 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 10 years, calculated from the effective date of the issuance of 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.

D.

Application Requirements. .....A completed application for a Conditional Use Permit for an off-site hazardous waste facility shall be submitted with the appropriate application fee to the Community Development Department. The application and processing requirements for an off-site hazardous waste facility are contained within the Off-Site Hazardous Waste Facility Procedures Manual adopted by resolution of the City Council.

E.

Public Hearings. .....Notice and hearing shall be provided as required in Section 17.12.100, Public Hearing and Notification, except that the property owners of said property in and within 1,000 feet from the exterior boundaries of the area which is the subject of the hearing shall be notified.

F.

Required Findings. .....The following findings shall be made in writing by the final approval body prior to granting a Conditional Use Permit for an off-site hazardous waste facility:

1.

The off-site hazardous waste facility is consistent with the General Plan, any applicable specific plan, the Off-Site Hazardous Waste Facility Procedures Manual, the Orange County Hazardous Waste Management Plan, and all applicable State and federal laws.

2.

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

3.

The project will comply with the general findings required for the approval of a Conditional Use Permit, in accordance with Section 17.16.060, Conditional Use Permits, of this title.

(Ord. 1172 § 3 (part), 1996)