Alhambra Municipal Code Ch. 17.50 Hazardous Waste Facilities

Section

Cross-reference:

Hazardous materials release response plan and inventory program, see Ch. 9.30

Hazardous waste facilities tax. see Ch. 5.07

The purpose of this chapter is to establish a uniform conditional use permit for the application and review process for hazardous waste facilities, consistent with the city's general plan and the Los Angeles County Hazardous Waste Management Plan, and to ensure protection of the health, safety, welfare, quality of life, and environment of city residents.

(Ord. 4499, passed 8-13-07)

In addition to the terms defined below, other terms in this chapter shall be defined as set forth in Cal. Health & Safety Code § 25110, as it may be amended, unless the context clearly indicates or requires a different meaning. Definitions of state law provided in full below shall be amended when state law is amended.

HAZARDOUS WASTE shall have the meaning ascribed by Cal. Health & Safety Code § 25117 as follows:

(1) Except as provided in subdivision (d), HAZARDOUS WASTE means a waste that meets any of the criteria for the identification of hazardous waste adopted by the Department pursuant to Cal. Health & Safety Code § 25141;

(2) HAZARDOUS WASTE includes, but is not limited to, RCRA hazardous waste;

(3) Unless expressly provided otherwise, HAZARDOUS WASTE also 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 shall have the meaning ascribed by Cal. Health & Safety Code § 25117.1 as follows: all contiguous land and structures, other appurtenances and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A HAZARDOUS WASTE FACILITY may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling units for hazardous waste management, or combinations of these units.

HAZARDOUS WASTE FACILITY PROJECT shall have the meaning ascribed by Cal. Health & Safety Code § 25199.1(b) as follows: a project undertaken for the purpose of siting and constructing a new hazardous waste facility that will require a hazardous waste facilities permit issued pursuant to Cal. Health & Safety Code § 25200, or for the purpose of significantly expanding or modifying an existing hazardous waste facility that is being used or operated under a permit issued pursuant to Cal. Health & Safety Code §25200, or a grant of interim status pursuant to Cal. Health & Safety Code § 25200.5. Unless expressly provided otherwise, HAZARDOUS WASTE FACILITY PROJECT includes a specified hazardous waste facility project.

LAND USE DECISION shall have the meaning ascribed by Cal. Health & Safety Code § 25199.1(e) as follows: a discretionary decision of a local agency concerning a hazardous waste facility project, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines pursuant to Cal. Gov’t Code Title 7 (commencing with § 65000).

LOCAL ASSESSMENT COMMITTEE or LAC shall have the meaning ascribed by Cal. Health & Safety Code § 25199.7(d), provided in part herein. The legislative body of the affected local agency shall appoint a seven-member LOCAL ASSESSMENT COMMITTEE to advise it in considering an application for a land use decision for a specified hazardous waste facility project. The members of the LOCAL ASSESSMENT COMMITTEE may be appointed at any time after the notice of intent is filed with the local agency, but shall be appointed not later than 30 days after the application for the land use decision is accepted as complete by the local agency. The local agency shall charge the project proponent a fee to cover the local agency's costs of establishing and convening the LOCAL ASSESSMENT COMMITTEE. The fee shall accompany the application for a land use decision.

RESIDUALS REPOSITORY shall have the meaning ascribed by Cal. Health & Safety Code § 25204 as follows: a hazardous waste facility, or an operational unit at a hazardous waste facility, that meets all of the following requirements:

(1) It is sited, designed, constructed, operated and maintained in accordance with all applicable federal and state regulations, including but not limited to, the regulations adopted pursuant to Cal. Health & Safety Code § 25204(b);

(2) The operator holds a hazardous waste facilities permit issued by the Department;

(3) A condition imposed in the hazardous waste facilities permit authorizes the RESIDUALS REPOSITORY to accept for disposal in or on the land only treated hazardous waste, as defined in Cal. Health & Safety Code § 25179.3(l), that has been specified as suitable for disposal in a RESIDUALS REPOSITORY pursuant to Cal. Health & Safety Code § 25204(b)(1).

(Ord. 4499, passed 8-13-07)

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

(B) An application for siting, expanding or modifying a hazardous waste facility project shall require a conditional use permit granted pursuant to the requirements of this chapter.

(1) All hazardous waste facility projects shall meet the criteria listed in §§ 17.50.09 through 17.50.34 herein, unless the Planning Commission makes a project-specific finding, based on public health and safety reasons, that one or more of such criteria should be amended or are not applicable to the project.

(2) Hazardous waste facility projects in the city shall be sited only in IPD zones.

(C) The Director of Community Development shall not accept an application for a land use decision unless it is accompanied by the appropriate fees, as established by resolution of the City Council.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

(A) In addition to the conditional use permit requirements imposed in this chapter, all applications for hazardous waste facility projects shall conform with the provisions set forth in Cal. Health & Safety Code §§ 25199 et seq., Cal. Pub. Res. Code §§ 21000 through 21177, and Cal. Gov't Code §§ 65920 et seq.

(B) The costs associated with the city's obligations under these sections, as well as this chapter, shall be borne by the applicant, unless such costs are otherwise recovered through any fees imposed by the city.

(Ord. 4499, passed 8-13-07)

Every application for a hazardous waste facility project or a specified hazardous waste facility project shall be processed in accordance with the following procedures, in addition to and consistent with Cal. Health & Safety Code §§ 25199 et seq., Cal. Pub. Res. Code §§ 21000 through 21177 and Cal. Govt. Code §§ 65920 et seq. In the event of inconsistencies between the foregoing statutes and this chapter, the provisions of this chapter shall govern, to the extent they are not preempted by operation of law.

(A) Determination by Director of Community Development. The Director of Community Development shall determine whether an application is complete for filing not later than 30 calendar days after it is accepted for filing.

(B) Consistency determination.

(1) At the request of the applicant, the Director of Community Development shall issue an initial written determination on whether the project is consistent with the general plan, applicable zoning ordinances, the city’s environmental guidelines for implementing the California Environmental Quality Act (“CEQA”), and the County of Los Angeles Hazardous Waste Management Plan in effect on the date the application was accepted as or deemed complete.

(2) This determination, which shall be issued within 60 calendar days after the application has been accepted as or deemed complete, will not prohibit the city from making a different determination when the final decision is made, if such decision is based on information that was not considered when the initial determination was made.

(C) Planning Commission hearing. A public hearing on the application shall be held by the Planning Commission not later than 180 days after the application is complete, when the Director of Community Development, upon the advice of the City Attorney, has determined that:

(1) The application complies with all ordinance requirements;

(2) That all procedures required by the city with regard to the California Environmental Quality Act have been met;

(3) All state and federal permits for the facility have been obtained; and

(4) The applicant, not later than 30 days prior to any public hearing scheduled by the city, has provided three sets of mailing labels, including the addresses of all owners of record, as shown on the latest county equalized assessment roll, that lie within a one-mile radius of the boundary of the facility, and three sets of mailing labels indicating all residents, tenants and businesses within a one-mile radius of the boundary of the facility, and placed on deposit with the city monies to cover the amount of postage for the required mailings.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

Any violation of this chapter shall be a misdemeanor, subject to the provisions of Chapter 1.12 of this code, as well as § 23.66.090, where applicable.

(Ord. 4499, passed 8-13-07)

All applications for a hazardous waste facility project shall contain a proposed public education/participation program, to be employed during the city's land use decision-making process. Such plan shall be mutually agreeable to the project proponent and the Director of Community Development.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

(A) Every application for a hazardous waste facility project shall be made, in writing, to the Director of Community Development, on the forms provided by the Community Development Department, and accompanied by a filing fee as set by the City Council.

(1) An application must include 15 copies of the application, site plan, elevation, floor plans, and landscape plans, all drawn to scale.

(2) An application must include two 8-1/2-by-11-inch, clear films/transparencies of each sheet of plans.

(B) An application shall also include the following information:

(1) Name and address. Name and address of applicant.

(2) Ownership. 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) Plot and development plans. A plot and development plan drawn in sufficient detail, as determined by the Director of Community Development and the Public Works Director/City Engineer, to clearly describe the following:

(a) Physical dimensions. Physical dimensions of the property and structures;

(b) Location of structures. Location of existing and proposed structures;

(c) Setbacks and landscaping. Proposed setbacks and landscaping;

(d) Circulation and parking. Proposed methods of circulation and parking;

(e) Drainage patterns. Existing and proposed drainage patterns;

(f) Ingress and egress. Proposed ingress and egress;

(g) Storage and processing areas. Proposed storage and processing areas;

(h) Utilization of property. Utilization of property under the requested land use permit;

(i) Nearest adjacent structure. The distance from the project property line to the nearest adjacent structure, and a description and location of such structure;

(j) 100-year flood plain areas. Proximity of the project to 100-year flood plain areas;

(k) Earthquake fault zones. Proximity of the project to any known earthquake fault zones;

(l) Groundwater. The relationship of the proposed project to all above groundwater supplies and all known underground aquifers;

(m) Topography. Topographic description of the property and surrounding area;

(n) Geological study. 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) Utilities. Existing and proposed utilities that service or will be required to service the facility; and

(p) Maps. Vicinity map to include a radius of one mile from the project, and a map indicating, at a minimum, the proximity of the project to schools, parks and other community facilities within the city.

(4) Wastewater. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.

(5) Visual, noise and odors. An analysis of visual, noise and any olfactory impacts associated with the project, and recommended mitigation measures.

(6) Air quality. An analysis of all anticipated air quality impacts associated with the project.

(7) Endangered species. Identification of any rare or endangered species of plant or animals within the project site.

(8) Quantities of hazardous waste.

(a) Identification of the amounts (e.g., in tons, gallons, and the like), sources, and types of hazardous wastes to be treated, stored or disposed of at the proposed facility; the ultimate disposition of the wastes; and the anticipated life of the facility.

(b) 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) Risk assessment.

(a) A health and safety risk assessment that 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 Director of Community Development, the Public Works Director/City Engineer, the Fire Chief or the Planning Commission.

(b) Such analyses shall identify mitigation measures to reduce the identified risks.

(c) The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility.

(10) Monitoring program.

(a) A plan that identifies an ongoing program of air, soil and groundwater monitoring.

(b) 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) Alternative sites. A designation of reasonable alternative sites that shall be reviewed pursuant to the California Environmental Quality Act.

(12) Environmental information. 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 Director of Community Development.

(13) Cultural resources. Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological and historical resources, and any proposed mitigation measures to ensure no significant impact to cultural resources occurs.

(14) Emergency response plan. 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 Director of Community Development, the Public Works Director/City Engineer and the Fire Chief.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

All 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 residuals repositories, 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 such nearby uses.

(B) Proximity to immobile populations.

(1) 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.

(2) The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility.

(3) It shall also include consideration of the design features and planned operational practices at the facility.

(4) 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.

(1) 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.

(2) 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. Residuals repositories and 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 and facilities 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. Residuals repositories and facilities shall not be located in areas where the soils have a potential for subsidence or liquefaction.

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

(I) Discharge of treated effluent.

(1) Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge.

(2) 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.

(J) 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.

(K) Depth to groundwater.

(1) 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.

(2) At all facilities, the foundation of all containment structures 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.

(L) Groundwater monitoring.

(1) Residuals repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully satisfies the Regional Water Quality Control Board (RWQCB) permit requirements for groundwater monitoring.

(2) Facilities that handle liquids should be located where groundwater flow is in one direction, with no vertical interformational transfer of water.

(M) 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 one-half 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.

(N) 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.

(2) 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.

(3) All other facilities shall not be located in areas were surficial materials are principally highly permeable materials, unless spill containment and inspection measures are employed, which the city determines to be adequate.

(O) Existing groundwater quality.

(1) 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.

(2) 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.

(P) Nonattainment areas.

(1) 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 obtaining permits to construct and operate from the South Coast Air Quality Management District.

(2) All facilities locating in the region with air emissions that are classified under the PSD regulations as major stationary sources will be required to submit to preconstruction review and apply best available control technology.

(Q) 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.

(R) 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.

(S) Recreation, cultural or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value, as determined by the Director of Community Development or the Planning Commission.

(T) Proximity to areas of waste generation.

(1) All facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city.

(2) Facilities primarily serving generators from outside the city shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation.

(U) Distance from major transportation routes.

(1) Distance traveled on minor or residential roads shall be kept to a minimum.

(2) 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.

(3) 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.

(V) 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.

(3) The population at risk factor should not exceed that for existing facilities, and sites with lower factors are preferred.

(W) Capacity versus average daily traffic of access roads.

(1) The changes in the ratio of route capacity to average annual peak hour traffic shall be negligible, after calculating the number of trucks on the major and minor routes expected to service the facility.

(2) To determine if a change in average annual peak hour traffic is negligible, the same standards of significant/insignificant impact utilized in the California Environmental Quality Act shall be used.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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

(Ord. 4499, passed 8-13-07)

The city may, at its discretion, explore, review and impose appropriate taxes, user fees, application filing fees, review fees, emergency response plan review fees, and other revenue or compensation measures. See Chapter 5.07 of this code.

(Ord. 4499, passed 8-13-07)

No hazardous waste facility project will be approved if it would have significant adverse impacts on incentives for waste minimization by hazardous waste generators.

(Ord. 4499, passed 8-13-07)

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.

(Ord. 4499, passed 8-13-07)

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.

(Ord. 4499, passed 8-13-07)

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

(Ord. 4499, passed 8-13-07)

Perimeter fencing shall be constructed to the satisfaction of the Director of Community Development and the Fire Chief.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

(A) 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.

(B) The legend shall be written in English, Chinese and Spanish, and shall be legible from a distance of at least 25 feet.

(Ord. 4499, passed 8-13-07)

Upon reasonable notice, and to ensure compliance with all standards, conditions and other requirements 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.

(Ord. 4499, passed 8-13-07)

(A) The owner or operator of a facility shall report quarterly to the Community Development Department the amount, type, and disposition of all wastes processed by the facility.

(B) Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes, and a map showing the exact locations (coordinates and elevations) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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 Director of Community Development and the Fire Chief.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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 Director of Community Development and the Fire Chief.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

The Planning Commission may impose, as necessary and as part of a required conditional use permit, additional conditions and standards other than those presented in §§ 17.50.01 through 17.50.34 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.

(Ord. 4499, passed 8-13-07)

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.

(Ord. 4499, passed 8-13-07)

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 Planning Commission through an amendment to the conditional use permit before such modifications occur at the facility.

(Ord. 4499, passed 8-13-07)

Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS).

(A) A copy of the contingency plan approved by DHS shall be maintained at the facility.

(B) The facility owner or operator shall provide a current copy of the contingency plan to the Chief of Police, the Police Department, the Fire Chief, each hospital within 15 miles, and the Los Angeles County Department of Public Health-Environmental Health.

(Ord. 4499, passed 8-13-07)

(A) Prior to the local land use decision, the owner or operator of a hazardous waste facility project shall submit to the Director of Community Development and the Fire Chief a written closure plan, proposed pursuant to Cal. Health & Safety Code § 25246, and approved by the California Department of Health Services.

(B) All revisions to such closure plan shall also be submitted to the Director of Community Development and Fire Chief.

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

By submitting an application pursuant to the provisions of this chapter, the applicant agrees to protect, defend, indemnify and hold harmless the city, its City Council, its City Attorney, and all of its other officers, employees and agents, 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.

(Ord. 4499, passed 8-13-07)

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

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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.

(Ord. 4499, passed 8-13-07)

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

(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)

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

(Ord. 4499, passed 8-13-07)

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

(Ord. 4499, passed 8-13-07)

The findings specified in this section shall be made, in writing, prior to making a land use decision that 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 a mitigation monitoring program has been established for each mitigation measure.

(Ord. 4499, passed 8-13-07)

(A) The duration of a land use decision shall be determined at the time of approval, and shall not exceed ten years.

(1) The project proponent shall commence substantial construction of the facility within two years of the land use decision.

(2) Such construction must be pursued diligently to completion.

(B) Failure to comply with the conditions contained in the conditional use permit, to implement the required CEQA mitigation strategies or the provisions of this chapter, will be considered grounds for permit review and revocation, at the discretion of the Planning Commission. Permit revocation will follow the procedures set forth in the city's zoning ordinance.

(Ord. 4499, passed 8-13-07)

(A) Appeal of decisions by the Planning Commission pursuant to this chapter shall be filed with the City Council pursuant to Chapter 23.76.

(B) Appeal of decisions by the City Council pertaining to specified hazardous waste facilities projects shall be filed with the Office of the Governor of the State of California, or the Governor's designee, in accordance with Cal. Health & Safety Code § 25199.9 et seq.

(C) The decision entered by the City Council for all other facilities shall be deemed final.

(Ord. 4499, passed 8-13-07)