The purpose of this chapter is to provide comprehensive criteria, regulations, and standards for the siting and maintenance of hazardous waste management facilities within the city.

(Ord. 90-04-1063 § 3 (part))

   A.   For the purpose of carrying out the intent of this chapter, words, phrases and terms shall be deemed to have the meaning ascribed to them in Volume II, Technical Supplement, of the Los Angeles County Hazardous Waste Management Plan (CoHWMP) beginning on page xii.

   B.   Hazardous Substance. For purposes of this chapter, the term "hazardous substance" shall include "hazardous substances" as such term is defined under Division 20, Chapter 6.8, of the California Health and Safety Code, Section 25501(k), and "hazardous substance" as defined under Division 20, Chapter 6.7, of the California Health and Safety Code, Section 25281.

   C.   Hazardous Waste. For purposes of this chapter, the term "hazardous waste" shall include "hazardous waste" as such term is defined under Division 20, Chapter 6.95, of the California Health and Safety Code, Section 25501.1, and shall include those wastes defined as "hazardous" or "extremely hazardous" pursuant to Article 1 of Division 4, Chapter 30, Title 22 of the California Code of Regulations.

(Ord. 90-04-1063 § 3 (part))

   Those hazardous waste management facilities permitted by zoning or permitted with a conditional use permit, shall comply with the applicable criteria and standards listed in this section and/or criteria and standards listed in the CoHWMP. Whenever there is conflict between the criteria and standards listed herein and the CoHWMP, the most restrictive shall apply. The criteria and standards for hazardous waste management facilities are as follows:

   A.   Off-site Hazardous Waste Facilities.

   1.   Off-site hazardous waste management facilities shall not be located within one thousand feet of any residentially zoned property.

   2.   Off-site hazardous waste management facilities shall not be located within two hundred feet of any area designated by the state geologist as a special studies zone.

   3.   Off-site hazardous waste management facilities shall not be located within one thousand feet of any existing hospital for humans, school, day care center, convalescent home or group care quarters, or any permanently occupied human habitation, other than those used for industrial purposes.

   4.   Off-site hazardous waste management facilities shall be located so as to avoid transportation routes through residential areas and/or high density traffic areas.

   5.   An environmental impact report, traffic study, transportation plan, emergency contingency plan, area evacuation plan, environmental site assessment and geotechnical report shall accompany all applications for new hazardous waste facilities. In addition, risk assessments, hazard footprints, acoustical studies or other technical reports may be required if deemed by the planning director necessary for review of the application.

   6.   Setbacks, height, and landscaping requirements shall be those provided for in the zoning district in which the facility is located.

   7.   Space shall be provided for the anticipated peak load of delivery trucks, employees and customers, to circulate park, queue and load or unload materials. Such facilities shall be adequate in size and configuration to assure public safety and compatibility with surrounding operations and properties.

   8.   No dust, fumes, smoke, vibration or odor above ambient levels as a result of operations of the facility may be detected on neighboring properties. Measurements of ambient conditions shall be made part of the environmental impact report.

   9.   All facilities shall be fully paved and provided with secondary containment and storage facilities. Loading areas shall be equipped with fire suppression and vapor recovery system.

   10.   An environmental site assessment prepared and certified by a state certified soils or environmental engineer shall accompany all applications for new off-site hazardous waste management facilities.

   If the environmental assessment reveals that hazardous substances, hazardous waste or hazardous materials have been released or are threatened to be released in, on, under, within or about the property, then said material and any and all contamination resulting therefrom shall be fully assessed and remediated in accordance with all applicable federal, state, regional and local authorities.

   B.   On-Site Hazardous Waste Management Facility.

   1.   On-site hazardous waste management facilities shall be subject to the criteria and standards set forth in subsection (A)(6) through (10) of this section.

   C.   Transfer Facility/Station.

   1.   Transfer facility/stations shall not be located within five hundred feet of any residentially zoned property.

   2.   Transfer facility/stations shall not be located within any area designated by the state geologist as a special studies zone.

   3.   Transfer facility/stations shall not be located within five hundred feet of any existing hospital, public school, convalescent care or group quarters facility.

   4.   Transfer facility/stations shall be subject to the criteria and standards set forth in subsection (A)(5) through (10) of this section.

   D.   Storage Facility and Treatment Facility.

   1.   Storage facilities and treatment facilities shall be subject to the criteria and standards set forth in subsection (A) of this section.

   E.   Transportable Treatment Units.

   1.   Transportable treatment units shall be considered temporary uses subject to the provisions and time limitations for temporary uses as described in Section 20.68.200.

(Ord. 90-04-1063 § 3 (part))

   All applicants for hazardous waste management facilities requiring a conditional use permit under this chapter shall be subject to the approval of a conditional use permit as provided for in Chapter 10.64. If the conditional use permit is approved, the applicant shall be required to sign a statement indicating that the facility is in compliance with the conditions of this chapter and the Los Angeles County hazardous waste management plan. The affidavit shall be submitted on a yearly basis for as long as the conditional use permit remains effective.

(Ord. 90-04-1063 § 3 (part))

   Existing hazardous waste management facilities shall be considered existing nonconforming land uses consistent with the Los Angeles County hazardous waste management plan.

(Ord. 90-04-1063 § 3 (part))

   All owners and/or operators of hazardous waste management facilities shall pay any and all reasonable costs and fees incurred or to be incurred by the city for: (1) any and all environmental monitoring of hazardous waste management facilities; (2) any and all costs incurred in providing emergency response services; and (3) costs incurred as a result of an area evacuation in the event of any release or threatened release of any hazardous material, hazardous substance or hazardous waste.

(Ord. 90-04-1063 § 3 (part))

   A.   All owners and/or operators of hazardous waste management facilities shall adopt a monitoring plan which has been approved by the city planning director for the purpose of monitoring the release or threatened release of any hazardous material, hazardous substance or hazardous waste in, on, under, beneath or from the property of the facility, and for the purpose of measuring the ambient air of property in and around the facility.

   B.   All owners and/or operators of hazardous waste management facilities shall submit annual reports by December 31st of each year, whereby such reports shall include (1) results from tests conducted pursuant to the monitoring plan; (2) information on the occurrence of any release or threatened release occurring at the facility within the preceding twelve-month period, including information on any removal, remediation, or mitigation measures implemented as a result of such; (3) the total type, quantity and origin of any hazardous material, hazardous substance or hazardous waste disposed of, stored or treated at the facility within the preceding twelve months.

   C.   In order to carry out and insure compliance with the obligations of this chapter, any authorized city representative may, at any reasonable hour of the day, enter and inspect a hazardous waste management facility, whereby such inspection may include but is not limited to the following: (1) a physical on-site inspection of the premises including a survey to determine the topography and geology of the property; (2) the conducting of any and all sampling activities necessary to carry out the provisions of this chapter, including sampling of the soils, vegetation, air, water and biota on or beneath the premises, or from any vehicle on the premises or storage area within the premises, provided such samples are made available to the person from whom or from whose property or vehicle the samples are obtained; (3) set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of any hazardous material, hazardous substance or hazardous waste or the release or any threatened release thereof on, beneath, toward or from the property of the facility; (4) stop and inspect any vehicle reasonably suspected of transporting any hazardous material, hazardous substance or hazardous waste, when accompanied by a uniformed peace officer in a clearly marked vehicle; (5) inspect and copy any and all records, reports, test results, or other information regarding the operations on the facility, which concern or in any way relate to a release or threatened release of any hazardous material, hazardous substance or hazardous waste; (6) photograph any condition or operation on the property, including any hazardous material, hazardous substance or hazardous waste container, label, vehicle, or disposal area, and including any condition or operation constituting a violation of any law. Whenever photographs have been taken, the owner or operator of the facility shall be notified prior to public disclosure of the photograph, and upon request of that person, shall be provided a copy of any photograph for the purposes of determining whether trade secret or information for facility security will be revealed by the photograph. Public disclosure as used in this section does not include review of photographs by a court of competent jurisdiction or by any administrative law judge.

(Ord. 90-04-1063 § 3 (part))

   If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional following a decision by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed this ordinance codified in this chapter and each and every section, subsection, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of said chapter is subsequently declared invalid or unconstitutional.

(Ord. 90-04-1063 § 3 (part))