The purpose of this chapter is to implement the policies set forth in the city's hazardous waste management plan of the environmental element of the city's general plan and to establish uniform standards to control the location, design, and maintenance of hazardous waste facilities consistent with the provisions of said element.

('64 Code, § 25-1; Ord. 781, passed 11-20-90)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Hazardous Waste. This term is defined pursuant to Cal. Health and Safety Code § 25117. Unless expressly provided otherwise, Hazardous Waste includes extremely hazardous waste and acutely hazardous waste.

Hazardous Waste Disposal Facility. A site designed to be the terminal location or residual repository for hazardous waste.

Hazardous Waste Facility or Facility. This term is defined pursuant to Cal. Health and Safety Code § 2511.1.

Hazardous Waste Facility Project. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(b).

Land Use Decision. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(e).

Local Assessment Committee or LAC. This term is defined pursuant to Cal. Health and Safety Code § 25199.7(d).

Specified Hazardous Waste Facility Project. This term is defined pursuant to Cal. Health and Safety Code § 25199.1(n).

('64 Code, § 25-2; Ord. 781, passed 11-20-90)

(A)

The following provisions shall govern applications for a land use decision regarding hazardous waste facility projects.

(1)

All applications for siting a hazardous waste facility project shall require a conditional use permit granted pursuant to the requirements of this chapter.

(2)

All hazardous waste facility projects shall meet the criteria listed in §§ 152.09 through 152.22 herein unless the Planning Commission and City Council make a finding based on public health and safety reasons that one or more of such criteria should be amended or is not applicable to the project.

(3)

Hazard waste facility projects shall be sited only in M-2 Zones.

(B)

The Planning Director shall not accept applications for land use decisions unless they are accompanied by the appropriate fees, as established by resolution of the City Council.

('64 Code, §§ 25-3—25-4; Ord. 781, passed 11-20-90)

All applications for specified hazardous waste facility projects shall conform with the provisions set forth in Cal. Health and Safety Code §§ 25199 et seq., Cal. Pub. Res. Code §§ 21000-21177, and Cal. Gov't Code §§ 65920 et seq.

('64 Code, § 25-5; Ord. 781, passed 11-20-90)

The person or entity preparing the documents required by the California Environmental Quality Act shall not be the same person or entity which acts as a consultant to the local assessment committee.

('64 Code, § 25-6; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the project proponent and the Planning Director.

('64 Code, § 25-7; Ord. 781, passed 11-20-90)

All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the procedures consistent with Cal. Pub. Res. §§ 21000 through 21177 and Cal. Gov't Code §§ 65920 et seq.

('64 Code, § 25-8; Ord. 781, passed 11-20-90)

(A)

Every application for a hazardous waste facility project shall be made in writing to the Planning Director on the forms provided by the Planning Department and accompanied by a filing fee as set by the City Council. An application must include 15 copies of the application, site plan, elevation, floor plans, and landscape plans all drawn to scale.

(B)

An application shall also include the following information:

(1)

Name and address of applicant;

(2)

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

(3)

A plot and development plan drawn in sufficient detail as determined by the Planning Director and the Public Works Director/City Engineer to clearly describe the following:

(a)

Physical dimensions of the property and structures;

(b)

Location of existing and proposed structures;

(c)

Proposed setbacks and landscaping;

(d)

Proposed methods of circulation and parking;

(e)

Existing and proposed drainage patterns;

(f)

Proposed ingress and egress;

(g)

Proposed storage and processing areas;

(h)

Utilization of property under the requested land use permit;

(i)

The distance from the project property line to the nearest adjacent structure, and a description and location of such structure;

(j)

Proximity of the project to the 100-year flood plain areas;

(k)

Proximity of the project to any known earthquake fault zones;

(l)

The relationship of the proposed project to all above ground water supplies and all known underground aquifers;

(m)

Topographic description of the property and surrounding area;

(n)

A preliminary geological study of the property and surrounding area which addresses as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers;

(o)

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

(p)

Vicinity map which indicates, at a minimum proximity of the project to schools, parks, and other community facilities within the city.

(4)

Identification of all waste water, treated and untreated, generated by the proposed facility and the method and place of final discharge;

(5)

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

(6)

An analysis of all anticipated air quality impacts associated with the project;

(7)

Identification of any rare or endangered species of plant or animals within the project site;

(8)

Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility.

(9)

A health and safety risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility and any other probabilities requested by either the Planning Director, the Public Works Director/City Engineer, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility.

(10)

A plan that identifies an ongoing program of air, soil, and groundwater monitoring. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board and the California Department of Health Services.

(11)

An environmental information form in sufficient detail to enable the city to complete an initial study pursuant to the California Environmental Quality Act, and for the preparation by a qualified environmental consulting firm of an environmental impact report or negative declaration. An application shall not be declared complete until a draft environmental impact report or negative declaration prepared pursuant to the California Environmental Quality Act by a qualified environmental consulting firm is submitted to the Planning Director.

(12)

An emergency response plan that includes, but which is not limited to, the following:

(a)

That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all regulatory requirements regarding emergency response procedure.

(b)

Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures.

(c)

Anticipated impacts on local fire, police, and medical services.

(d)

Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures. An application shall not be declared complete until such emergency response plan is approved by the Planning Director, the Public Works Director/City Engineer and the Fire Chief.

('64 Code, § 25-9; Ord. 781, passed 11-20-90)

All specified hazardous waste facility projects in the city shall comply with the following:

(A)

Proximity to populations. The active portions of any hazardous waste facility shall not be located closer than 1,000 feet or, in the case of a hazardous waste residual repository facility, not closer than 2,000 feet from the boundary of any property used for residential, school, park, hospital, sanitarium, nursing home, daycare, or similar purposes within the city or any adjacent city or county area, unless, following a health and safety risk assessment study, the Planning Commission approves a lesser distance after making a finding and determination that the facility will not pose a significant health and safety risk to said nearby uses.

(B)

Proximity to immobile populations. For all types of facilities, a health and safety risk assessment shall be completed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the city. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. It shall also include consideration of the design features and planned operational practices at the facility. Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry, options for reducing the risks, and procedures for dealing with such spills or emergency situations.

(C)

Capability of emergency services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

(D)

Flood hazard areas. Facilities shall not be located in any area subject to flood hazard as shown on the Federal Emergency Management Agency flood insurance maps unless such facilities are designed, constructed, operated and maintained in a manner deemed adequate by the city to prevent inundation.

(E)

Proximity to active or potentially active faults. All facilities shall be located no closer than 600 feet from known active earthquake faults.

(F)

Slope stability.

(1)

Residuals repositories are prohibited in areas of potential rapid geologic change.

(2)

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to the city's satisfaction to preclude failure as a result of such changes.

(G)

Subsidence/liquefaction. Facilities shall not be located in areas where the soils have a potential for subsidence or liquefaction.

(H)

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

(I)

Aqueducts and reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.

(J)

Discharge of treated effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site shall be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream, river or the ocean.

(K)

Proximity of supply wells and well fields. All hazardous waste facilities shall locate at least 50 feet outside the cone of depression created by pumping a water well or water well field for 90 days.

(L)

Depth to groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is 25 feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility shall be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California registered civil engineering geologist.

(M)

Groundwater monitoring.

(1)

Residuals repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully satisfies the RWQCB permit requirements for groundwater monitoring.

(2)

Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(N)

Major aquifer recharge area.

(1)

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

(2)

Facilities with subsurface storage or treatment shall be located at least 1/2 mile away from potential drinking water sources.

(3)

All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.

(O)

Soil permeability.

(1)

Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.

(2)

All other facilities shall not be located in areas were surficial materials are principally highly permeable materials.

(P)

Existing groundwater quality. Hazardous waste facility projects shall not be located in areas where there is a potential for contamination of Class I or Class II groundwater, as such groundwater is defined by the U.S. Environmental Protection Agency. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.

(Q)

Nonattainment areas. All facilities with air emissions locating in nonattainment areas and emitting air contaminants in excess of established limits shall require preconstruction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the South Coast Air Quality Management District. All facilities with air emissions locating in the region which are classified under the PSD regulations as major stationary sources will be required to submit to preconstruction review and apply best available control technology.

(R)

Wetlands. All types of facilities are prohibited from locating in wetlands unless:

(1)

Industrial usage is permitted;

(2)

No additional filling is required; and

(3)

Fish, plant and wildlife resources can be maintained and enhanced on a portion of the site, or preserved elsewhere in the area.

(S)

Proximity to habitats of threatened and endangered species. Facilities are prohibited in habitats of threatened or endangered species unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.

(T)

Agricultural lands.

(1)

Facilities shall not be located in areas zoned for agricultural uses.

(2)

Incinerators, or transformation facilities, shall not be located in areas where the emissions from the facility could directly impact food crops.

(U)

Recreation, cultural, or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the Director of Planning, Planning Commission and City Council.

(V)

Areas of potential mineral deposits. All hazardous waste facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

(W)

Proximity to areas of waste generation. All facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city. Facilities primarily serving generators from outside the city shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation.

(X)

Distance from major transportation routes. Distance travelled on minor or residential roads shall be kept to a minimum. Facility proponents shall pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. If access to facilities is to be by private roads or driveways, such roads or driveways shall be designed and constructed to accommodate heavy vehicles.

(Y)

Structures fronting minor routes.

(1)

Facilities shall be located such that any minor routes to and from state or interstate divided highways are not used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, and the like) along such routes is minimal.

(2)

The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites with lower factors are preferred.

(Z)

Capacity versus average daily traffic of access roads. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility.

('64 Code, § 25-10; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies, zoning ordinances, and other planning actions or policies that were in place at the time the facility application was deemed complete.

('64 Code, § 25-11; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The city may, at its discretion, explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options.

('64 Code, § 25-12; Ord. 781, passed 11-20-90)

The project proponent shall find an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study, in advance, the city shall hire and control the work of the consultant conducting the study. The study shall be completed prior to action on the application by the LAC so that the information contained in the study may be considered by LAC.

('64 Code, § 25-13; Ord. 781, passed 11-20-90)

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

('64 Code, § 25-14; Ord. 781, passed 11-20-90)

Facilities shall not be located in areas, or developed in such a manner, that would result in a net loss of revenue to the city in comparison to the revenue from the existing uses of the site or other reasonable prospective uses of the site.

('64 Code, § 25-15; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

('64 Code, § 25-16; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

('64 Code, § 25-17; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Perimeter fencing shall be constructed to the satisfaction of the Planning Director.

('64 Code, § 25-18; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Signs with the legend "Danger — Hazardous Waste Area — Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least 25 feet.

('64 Code, § 25-19; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the city is authorized to enforce under its police power, city officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

('64 Code, § 25-20; Ord. 781, passed 11-20-90)

The owner or operator of a facility shall submit a written report quarterly to the Planning Director and the Fire Chief, describing the amount, type, and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

('64 Code, § 25-21; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the Planning Director and Fire Chief.

('64 Code, § 25-22; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies, the Planning Director and the Fire Chief.

('64 Code, § 25-23; Ord. 781, passed 11-20-90)

The city may impose, as necessary and as part of a required conditional use permit, additional conditions and standards other than those presented in §§ 152.01 through 152.22 herein, in order to implement the purposes of this chapter and the city's hazardous waste management plan and to protect the health, safety, or general welfare of the community.

('64 Code, § 25-24; Ord. 781, passed 11-20-90)

No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the city and not currently being managed by a facility located in the city unless satisfactory compensation is made to the city or a joint powers or intergovernmental agreement provides otherwise.

('64 Code, § 25-25; Ord. 781, passed 11-20-90)

Any modifications of the type and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use, including the conditional use permit, must be approved by the city through an amendment to the conditional use permit before such modifications occur at the facility.

('64 Code, § 25-26; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency plan approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the Chief of Police, local Police Department, Fire Chief, each hospital within 15 miles, and the Los Angeles County Department of Environmental Health.

('64 Code, § 25-27; Ord. 781, passed 11-20-90)

The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Director and Fire Chief a written closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Planning Director and Fire Chief.

('64 Code, § 25-28; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

Prior to issuance of an occupancy permit to begin the use identified in the land use decision, the applicant shall submit, to the City Manager, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or state agency.

('64 Code, § 25-29; Ord. 781, passed 11-20-90)

The applicant agrees to protect, defend, indemnify, and render harmless the city and its City Council, City Attorney, and all officers, employees and agents of the city against and from all claims, actions, or liabilities relating to the land use decision or arising out of any permit or approval issued by the city relating to the project facility.

('64 Code, § 25-30; Ord. 781, passed 11-20-90)

Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Planning Director and Fire Chief. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

('64 Code, § 25-31; Ord. 781, passed 11-20-90)

Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Planning Director.

('64 Code, § 25-32; Ord. 781, passed 11-20-90)

The facility owner/operator shall be responsible for all costs incurred by the city and its officers, agents, employees or contractors, for responding to a release of hazardous wastes at or enroute to or from the facility.

('64 Code, § 25-33; Ord. 781, passed 11-20-90)

Any storage, treatment, disposal or transportation of extremely hazardous waste as defined in Cal. Health and Safety Code § 25115, by the facility owner/operator shall be reported to the Planning Director and Fire Chief at least 48 hours prior to such storage, treatment, disposal, or transportation.

('64 Code, § 25-34; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97

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

('64 Code, § 25-35; Ord. 781, passed 11-20-90)

The city may employ and all methods permitted by law to enforce this chapter.

('64 Code, § 25-36; Ord. 781, passed 11-20-90)

The findings specified in this section shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

(A)

The project is consistent with the general plan.

(B)

The project is not detrimental to the health, safety, or general welfare of the community.

(C)

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

(D)

The project has met or exceeded each requirement of this chapter.

(E)

The environmental impacts identified in the environmental impact report or proposed negative declaration have been adequately mitigated, and that a mitigation monitoring program has been established for each mitigation measure.

('64 Code, § 25-37; Ord. 781, passed 11-20-90)

The life of a land use decision shall be determined at the time of approval and shall not exceed ten years. The project proponent shall commence substantial construction of the facility within two years of the land use decision and such construction must be pursued diligently to completion.

('64 Code, § 25-38; Ord. 781, passed 11-20-90)

Cross reference— Penalty, see § 10.97