Article 9 — Off-Site Hazardous Waste Facilities

The purpose of this article is to establish land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities pursuant to Chapter 6.5 of Division 20 of the State Health and Safety Code and the county hazardous waste management plan.

(Ord. No. 97-11, § 2, 5-5-97)

The following words and phrases shall, for the purpose of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

Appeal board. A board designated by the governor to review the following types of appeals pursuant to State Health and Safety Code section 25199.9 . The procedures and requirements for an appeal to the appeal board shall be pursuant to State Health and Safety Code Sections 25199.9 — 25199.14 .

• (a) An appeal by the applicant of the disapproval by the city of a hazardous waste facility application;

• (b) An appeal by the applicant of one or more conditions of approval placed by the city on an approved hazardous waste facility application; and

• (c) An appeal by an interested person which is based solely on the grounds that the conditions of approval imposed by the city on an approved hazardous waste facility application do not adequately protect the public health, safety or welfare.

• (d) An appeal of all other city land use decisions as specified in State Health and Safety Code section 25199.9 .

Applicant. Any person applying to the city for a conditional use permit concerning a proposed hazardous waste facility, as defined under the term "proponent" of the State Health and Safety Code section 25199.1(i) .

General fund. The State of California General Fund.

Hazardous waste. A waste as defined in State Health and Safety Code section 25117 .

Interested person. A person, as defined in State Health and Safety Code Sections 25118 and 25124 , who participates in one or more public meetings or hearings held to consider an application for a conditional use permit for a proposed hazardous waste facility. "Participation" as defined in the State Health and Safety Code, section 25199.1(c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at a meeting or hearing.

Local assessment committee (LAC). A state-required committee as defined by State Health and Safety Code section 25199.7(d) of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility.

Office of Permit Assistance (OPA). The State of California Office of Permit Assistance.

Off-site hazardous waste facility. A facility, as defined in State Health and Safety Code section 25117.1 , that accepts hazardous wastes that are generated at another location (off-site) and serves more than one producer of hazardous waste. Types of facilities include, but are not limited to:

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

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

• (c) Stabilization/solidification facilities;

• (d) Chemical oxidation facilities;

• (e) Neutralization/precipitation facilities; or

• (f) Transfer/storage facilities.

Proposed hazardous waste facility. A specific off-site hazardous waste facility project proposal. (Ord. No. 97-11, § 2, 5-5-97)

• (a) The specific requirements of this article are applicable to the siting, construction, and/or retrofit of any facility proposed for the treatment, storage, transfer and disposal of hazardous waste generated from other sources (off-site) as defined in section 13-177 , Definitions. The off-site facility definition in section 13-177 , Definitions, does not apply to: (1) 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 (2) 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 TTUs) shall be subject to state licensing for installation and operation and appropriate review by the city.

• (b) Used motor oil collection facilities. The provisions of this article shall not apply to used motor oil collection facilities that meet the following criteria:

  • (1) The facility is for collection only; no processing of the used motor oil shall occur at the site.

  • (2) The storage of the used motor oil is short-term (less than 90 days).

  • (3) The collection facility is incidental to the main use of the property.

• (4) The collection facility complies with development standards for outdoor storage.

• (Ord. No. 97-11, § 2, 5-5-97)

• (a) It is unlawful to establish and operate an off-site hazardous waste facility without first obtaining a conditional use permit. The conditional use permit shall require approval of the city council.

• (b) Off-site hazardous waste facilities may be allowed in the MP and MG industrial zones, subject to the issuance of a conditional use permit and pursuant to the provisions of this article and Chapter III, Planning Applications. Other zoning districts where off-site hazardous waste facilities may be considered are C1, C2, C1-S, PDC, TC, PDI, and I & R, provided a finding is made by the city council that the proposed facility is of a purpose, scale, and operation that is compatible with the intent of the applicable zoning district and general plan designation; the issuance of a conditional use permit shall also be required. This requirement is in addition to other permits required by law. Where this article does not provide specific direction, the provisions of other applicable chapters and articles of this Zoning Code shall apply.

• (c) A conditional use permit application for a proposed hazardous waste facility shall be accompanied by all processing fees as established by resolution of the city council.

• (Ord. No. 97-11, § 2, 5-5-97)

The development services director shall prescribe the application form and information necessary to process the conditional use permit. In addition, the development services director may require that the following information accompany the application:

• (a) A map depicting the distance from the project property lines to the nearest residential structure, residential zone, and general plan residential land use designation.

• (b) Identification of surrounding zoning and land uses.

• (c) Project proximity to 100-year floodplain areas.

• (d) Project proximity to any known earthquake fault zones.

• (e) The relationship of the proposed project to all above ground water supplies as well as known underground aquifers that could possibly suffer contamination.

• (f) Existing and proposed utilities which service or will be needed to service the facility.

• (g) A preliminary geological study of the property and surrounding area which includes a soils analysis that is to the depth of known aquifers, regardless of the potability of those aquifers.

• (h) Identification of all wastewater, treated and untreated, to be generated by the proposed facility and the method and place of final discharge. Surface water runoff shall also be addressed.

• (i) Identification of the amounts (tonnage) and types of hazardous wastes to be treated at the proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the anticipated life of the facility. Information shall be provided on the amounts, sources and types of hazardous wastes to be treated based on an actual survey of the industries to be served and, thereby, representative of the wastes that will be processed at the facility.

• (j) For properties within a 300-foot radius of the boundary of the project site, the applicant shall provide a surrounding ownership map, a list of names and mailing addresses of all property owners and tenants within the radius area, and five sets of mailing labels for all tenants and owners of record per the specifications of the planning division. A greater radius of notification, up to 1000 feet, may be required at the discretion of the development services director.

• (k) A public involvement/participation plan for the proposed project which provides adequate forums to receive public testimony in an effort to identify and mitigate all public concerns prior to the public hearings.

• (l) The proposed monitoring program to ensure on an ongoing basis that there is no unintentional release of any hazardous substance from the site. This program shall include any ongoing monitoring necessary by other permitting agencies including but not limited to the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board and Regional Water Quality Control Board.

monitoring program to ensure on an ongoing basis that there is no unintentional release of any hazardous substance from the site. This program shall include any ongoing monitoring necessary by other permitting agencies including but not limited to the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board and Regional Water Quality Control Board.

• (m) A preliminary emergency contingency plan designed to minimize hazards to human health or the environment from fires, explosions or any unplanned release of hazardous waste or hazardous waste constituents to the 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.

• (n) The proposed closure plan which identifies the steps necessary to completely or partially close the facility at any point during its operating life and to permanently close the facility at the end of its intended operating life.

• (o) An analysis of how the proposed project complies with the siting criteria for off-site hazardous waste facilities described in the county hazardous waste management plan. The siting criteria may be obtained from the planning division.

• (p) Documentation that all applicable permits, licensing and certification requirements under Chapter 6.5 , Division 20, of the State Health and Safety Code have been obtained.

• (q) Other information as required by the development services director. (Ord. No. 97-11, § 2, 5-5-97)

The project shall be subject to environmental analysis according to the city's established procedures pursuant to the California Environmental Quality Act. Fees for the environmental review shall be established by resolution of the city council. (Ord. No. 97-11, § 2, 5-5-97)

The following procedures are for the purpose of identifying the steps for processing a conditional use permit application for a proposed hazardous waste facility in compliance with State Health and Safety Code section 25199.7 :

• (a) At least 90 days before filing a conditional use permit application for a proposed hazardous waste facility, the applicant shall file a notice of intent to make an application with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research (OPR) and with the development services director. The notice of intent shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of record and tenants of all property within a 300-foot radius of the boundary of the project site. A greater radius of notification, up to 1000 feet, may be required at the discretion of the development services director. A notice of intent is not transferable to a location other than the location specified in the notice, and it shall remain in effect for one year from the date it is filed or until it is withdrawn by the applicant, whichever is earlier.

The applicant shall also provide for the notification area, a surrounding ownership map, a list of names and mailing addresses of all tenants and property owners of record, and one set of mailing labels for all tenants and property owners per the specifications of the planning division.

The city shall impose a fee upon the applicant equal to the cost of notification required by this section. The fee shall be established by resolution of the city council.

• (b) Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving the project application. The development services director shall coordinate with OPA regarding the meeting's location and time and shall provide a notice of the meeting.

• (c) Anytime after receiving a notification of the filing of a notice of intent, but no later than 30 days after the application is accepted as complete, the city council shall appoint a seven-member Local Assessment Committee (LAC) in conformance with State Health and Safety Code section 25199.7(d) . The city shall provide staff resources to assist the LAC in performing its duties. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC; the fee shall be established by city council resolution and shall accompany the conditional use permit application.

ent Committee (LAC) in conformance with State Health and Safety Code section 25199.7(d) . The city shall provide staff resources to assist the LAC in performing its duties. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC; the fee shall be established by city council resolution and shall accompany the conditional use permit application.

• (d) The development services director shall notify the OPA within 10 days after the conditional use permit application is accepted as complete. Within 60 days after receiving this notice, the OPA will convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the affected agencies and the public pursuant to State Health and Safety Code section 25199.7(e) . The meeting shall take place in the city and shall be noticed pursuant to subsection (a) of this section.

• (e) Following the meeting as specified in subsection (d) , the applicant and the LAC shall meet and confer on the proposed hazardous waste facility for the purpose of establishing the terms and conditions under which the project will be acceptable to the community.

• (f) If the LAC finds that it requires assistance and independent advice to adequately review a proposed project, it may request technical assistance grants from the city to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the available technical assistance grant funds to hire a consultant to do either or both of the following:

  • (1) Assist the LAC in reviewing and evaluating the project's application, environmental documents and any other documents, materials and information that are required by a public agency in connection with the conditional use permit application.

  • (2) Advise the LAC in its meetings and discussion with the applicant to seek agreement on the terms and conditions under which the project will be acceptable to the community.

    • The applicant shall pay a fee, in addition to the fee set forth in subsection (c), to the city equal to the amount of any technical assistance grant provided to the LAC. The city shall deposit any fee imposed in an account created in the city, maintain records of all expenditures from the account, and return any unused funds and accrued interest at the legal rate to the applicant upon completion of the review of the proposed project.

• (g) If the LAC and the applicant cannot resolve any differences through the meetings, the OPA may assist in this resolution pursuant to State Health and Safety Code section 25199.4 .

• (h) At the request of the applicant, the city council shall, within 60 calendar days after the application is determined complete, issue an initial written determination on whether the hazardous waste facility is consistent with both the general plan and Zoning Code in effect at the time the application was received, and the county hazardous waste management plan.

• (i) Upon completion of the project review by the LAC, and all necessary environmental review, the planning commission shall hold a public hearing on the conditional use permit and make its recommendation to the city council in writing. The recommendation shall include a statement of whether or not the proposed hazardous waste facility complies with the findings contained in section 13-184 , Findings.

• (j) After the planning commission has made its recommendation, the city council shall hold a public hearing and shall approve, disapprove, or conditionally approve the request based on the findings contained in section 13-184 , Findings, and, where applicable, the findings contained in section 13-179(b), Conditional use permit required.

The city council may impose conditions on granting a conditional use permit in order to achieve the purposes of this article and the general plan and to protect the health, safety, and general welfare of the community.

• (k) An applicant may file an appeal of a decision made by the city council with the appeal board as provided in State Health and Safety Code section 25199.9 .

• (Ord. No. 97-11, § 2, 5-5-97)

Public notices required by this article shall be given consistent with the requirements of State Government Code section 65091 and shall be given, at least 10 days prior to the date of the public hearing, in all of the following manners:

• (a) Mailing by first class mail or delivery to the applicant, to each owner of record of the property affected, and to all owners of property of record within the required notification area.

• (b) Mailing by first class mail or delivery to Mesa Consolidated Water District and/or Santa Ana Heights Water Company, Costa Mesa Sanitary District, County Sanitation Districts of Orange County, and Newport Mesa Unified School District and/or Santa Ana Unified School District.

• (c) Mailing by first class mail to any person and/or agency that has filed a written request with the development services director.

(d) Publication at least once in a newspaper of general circulation published and circulated in the city. (Ord. No. 97-11, § 2, 5-5-97)

At a minimum, the following findings shall be made in writing by the city council prior to approval of a conditional use permit:

• (a) The proposed hazardous waste facility is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area.

• (b) Granting the conditional use permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to property or improvements within the immediate neighborhood.

• (c) Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation and any applicable specific plan for the property.

• (d) The project will not be detrimental to the health, safety or general welfare of the community.

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

• (f) The project will be consistent with the Regional Fair Share Facility Needs Assessment, siting policies, and facility siting criteria established in the county hazardous waste management plan.

(g) Where applicable, the findings in section 13-179(b), Conditional use permit required. (Ord. No. 97-11, § 2, 5-5-97)

• (a) In the event the city council approves the conditional use permit, its action shall be final unless appealed pursuant to subsection (b) .

• (b) An applicant or an interested person may file an appeal of a land use decision made by the city council to the appeal board within 30 days after the date the city council takes final action on the conditional use permit pursuant to the procedures set forth in State Health and Safety Code Sections 25199.9 25199.14 .

(Ord. No. 97-11, § 2, 5-5-97)