El Segundo Municipal Code Art. C Source Reduction Program

This Article shall be entitled HAZARDOUS WASTE SOURCE REDUCTION PROGRAM and shall be known as such throughout the Code. (Ord. 1280, 10-7-1997)

A. Purpose: The purpose of this Article is to protect public health and the environment and to promote the reduction of hazardous waste generation by:

1. Effectively regulating hazardous waste generators that generate waste for treatment or disposal off-site; and

2. Educating businesses on source reduction opportunities; and

3. Establishing incentives and disincentives to encourage hazardous waste source reduction.

B. Intent: The intent of this Article is to enhance and protect the environmental quality of Los Angeles County in a matter that is consistent with the Pollution Prevention Act of 1990. (Ord. 1280, 10-7-1997)

For the purpose of this Article, the followings words shall have the meanings ascribed to them in this Section:

BUSINESS: Refers to any employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association which routinely generates any amount of hazardous waste at a nonresidential site located within the City. "Business" includes both a nonprofit and profit-making business.

CERTIFIED OR CUPA: The City of El Segundo.

EXTREMELY HAZARDOUS WASTE: Any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics.

GENERATOR: Any person, by site, whose act or process produces a hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

HAZARDOUS WASTE: A hazardous waste as defined in California Code of Regulations, title 22, section 66261.3, as amended.

SOURCE REDUCTION:

A. "Source reduction" shall mean one of the following:

1. Any action which causes a net reduction in the generation of hazardous waste.

2. Any action taken before the hazardous waste is generated that results in a lessening of the properties which cause it to be classified as a hazardous waste.

B. "Source reduction" includes, but is not limited to, all of the following:

1. "Input change" which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of hazardous waste.

2. "Operational improvement" which means improved site management so as to reduce, avoid, or eliminate the generation of hazardous waste.

3. "Production process change" which means a change in a process, method, or technique which is used to produce a product or a desired result, including the return of materials or their components, for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of hazardous waste.

4. "Production reformulation" which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of hazardous waste.

SOURCE REDUCTION ASSESSMENT: A review conducted by the generator of the processes, operations, and procedures in use at a generator's site, according to the format established in California Health and Safety Code, section 25244.16(a) and does both of the following:

A. Determines any alternatives to, or modifications of, the generator's processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated.

B. Includes a plan to document and implement source reduction measures for hazardous wastes that are technically feasible and economically practicable for the generator, including a reasonable implementation schedule. (Ord. 1280, 10-7-1997)

Pursuant to the provisions of the California Health and Safety Code, chapter 6.11, division 20, and chapter 6.5, commencing with section 25100, supplemented by division 4.5, title 22 of the California Code of Regulations, the City assumes administrative and enforcement responsibility for the implementation of title 22, division 4.5 of the California Code of Regulations and chapter 6.5 of the California Health and Safety Code. (Ord. 1280, 10-7-1997)

A. Permit Required: A permit from the Fire Department is required to perform any or all of the activities as identified in chapter 6.11 of division 20 of the California Health and Safety Code. The permittee shall operate all activities in accordance with established permit conditions to the extent such conditions are identified in regulation, ordinance, or policy and as they apply to the permittee's operation.

B. Permit Fees: Any person required by this Section to have a permit shall pay the established permit fee as it relates to the implementation of any and all CUPA elements. The CUPA elements shall include, but not be limited to, those programs identified in chapter 6.11, division 20 of the California Health and Safety Code. The State-mandated surcharges shall be separate from the City permit fee. The permittee shall pay the amount as designated in the Fee Resolution, as may be amended by the Council from time to time. In addition to the remedies set forth in the California Health and Safety Code, further remedies, fees or restitution authorized by this Code, not inconsistent with State law, shall apply to any violation of the State laws. (Ord. 1280, 10-7-1997)

A. Assessment: Effective January 1, 1998, any business which routinely generates between nine hundred (900) and twelve thousand (12,000) kilograms of hazardous waste per year or any amount of extremely hazardous waste shall develop a source reduction assessment, similar to requirements in California Health and Safety Code, chapter 6.5, article 11.9. (Ord. 1280, 10-7-1997)

B. Incentives: Notwithstanding any other provision of this Chapter 5, the amount of a hazardous waste permit fee imposed on any business by this Chapter 5, commencing on the effective date hereof, shall be reduced by five percent (5%) for any business maintaining a source reduction assessment and an annual reduction of hazardous waste generation of more than five percent (5%) from 1997 levels, or prior year, based on a calendar year. (Ord. 1280, 10-7-1997)