Irvine Municipal Code Ch. 2-13 Hazardous Waste Facility Procedure

The purpose of this chapter is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of off-site hazardous waste facilities. The zoning ordinance incorporates general policies regarding hazardous waste management facilities pursuant to Health and Safety Code div. 20, ch. 6.5 (Health and Safety Code § 25100 et seq.), and program A-3 in the Orange County hazardous waste management plan.

(Code 1976, § V.E-208.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. The specific requirements of this ordinance are applicable to the siting and development of off-site hazardous waste treatment, storage, transfer and disposal facilities as defined in Section 1-2-1 (Definitions).

B. The off-site facility definition does not apply to: (a) 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 (b) 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.

C. All such facilities (i.e., off-site, on-site, and TTUs) shall require State licensing to install and operate.

D. A conditional use permit for a hazardous waste facility shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of approved wastes shall be allowed beyond those specified in the approved permit, unless a separate application is made therefor which shall satisfy the same procedures and contents as those required in an initial application.

(Code 1976, § V.E-208.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The following procedures are for the purpose of identifying the steps for processing a conditional use permit application for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the project proponent, State and City:

A. At least 90 days before filing an application with the City for a land use decision (conditional use permit) for a specified hazardous waste facility project, the project proponent shall file, with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research and with the City, a notice of intent to make an application. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the 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 contiguous property, as shown in the latest equalized assessment roll. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. The City shall impose a fee upon a project proponent equal to the cost of notification required by this section. (Requirement of Health and Safety Code § 25199.7(a).)

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 facility project and the procedures that are required for approving applications for the project. The City shall contact OPA regarding the location and time of the meeting and shall have representatives attend. (Requirement of Health and Safety Code § 25199.7(c).)

C. Any time after receiving notification of the filing of a notice of intent but no later than 30 days after the application for a specified hazardous waste facility project is accepted as complete, the City Council shall appoint a seven-member Local Assessment Committee (LAC) pursuant to the provisions of Section 2-13-9 of this ordinance. The City shall charge the project proponent a fee to cover the City's costs of establishing and convening the Local Assessment Committee. The fee shall accompany the application for a land use decision. (Requirement of Health and Safety Code § 25199.7(d).)

D. The City shall notify the OPA within 10 days after an application for a land use decision (conditional use permit) for a specified hazardous waste facility project is accepted as complete by the City, and within 60 days after receiving this notice the OPA shall convene a meeting of the lead and responsible agencies for the project, the project proponent, the LAC and the interested public, for the purpose of determining the issues which concern the agencies that are required to approve the project and the issues which concern the public. The meeting shall take place in the City. (Requirement of Health and Safety Code § 25199.7(e).)

E. Following the meeting as specified in Section 2-13-3.D of this chapter, the project proponent and the LAC of the City shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. (Requirement of Health and Safety Code § 25199.7(f).)

F. At the request of the project proponent, the Community Development Department shall, within 60 calendar days after the City has determined that an application for a land use decision (conditional use permit) for a hazardous waste facility is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both the City General Plan and zoning ordinance in effect at the time the application was received, and the Orange County hazardous waste management plan. (Requirement of Health and Safety Code § 25199.5(a).)

G. If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility 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 technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following:

1. Assist the Committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Public Resources Code div. 13 (Public Resources Code § 2100 et seq.)) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit.

2. Advise the LAC in its meetings and discussion with the facility proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community. (Requirement of Health and Safety Code § 25199.7(g)(1)(A), (B).)

H. The project proponent shall pay a fee equal to the amount of any technical assistance grant provided to the LAC. (Requirement of Health and Safety Code § 25199.7(g)(2).)

I. 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 to the project proponent upon completion of the review of the proposed hazardous waste facility project. (Requirement of Health and Safety Code § 25199.7(g)(3).)

J. A project proponent may file an appeal of a land use decision (conditional use permit) made by the final approval body for a specified hazardous waste facility project with the Governor or the Governor's designee in the manner provided in Health and Safety Code § 25199.9. (Requirement of Health and Safety Code § 25199.9.)

(Code 1976, § V.E-208.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Community Development Department:

A. A complete development case application signed by the property owner or its authorized representative.

B. A deposit or fee as set forth by ordinance or resolution of the City Council.

C. A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 2-13-11.

D. Information required for public meetings and hearings, as determined by the Director of Community Development (see Chapter 2-23).

E. A scaled, fully dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following:

1. Physical dimensions of property and structures;

2. Location of existing and proposed structures;

3. Setbacks;

4. Methods of circulation;

5. Ingress and egress;

6. Utilization of property under the requested permit;

7. The distance from the project property lines to the nearest residential structure;

8. Proximity of the project to 100-year floodplain areas;

9. Proximity of the project to any known earthquake fault zones;

10. The relationship of the proposed project to all aboveground water supplies as well as known underground aquifers that could conceivably suffer contamination;

11. Topographic description of the property and surrounding area;

12. Existing and proposed utilities which service or will be needed to service the facility;

13. Identification of surrounding zoning and land uses;

14. Landscape plans showing theme and location of all landscape areas;

15. Building elevations showing building height, exterior materials, and architectural theme; and

16. Other information as required by the Director of Community Development.

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

G. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.

H. 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 amount, sources, and types of hazardous wastes to be treated 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.

I. A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. Said plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the approval body reviewing the case.

J. A plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the South Coast Air Quality Management District (AQMD), Environmental Protection Agency (EPA), Santa Ana Regional Water Quality Control Board, etc.

K. A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 2-13-8.C.

L. Other information as required by the Director of Community Development to demonstrate compliance with the facility siting criteria as outlined in Section 2-13-7.

(Code 1976, § V.E-208.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. The project shall be subject to environmental analysis according to the City's environmental guidelines pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000—21177).

B. The environmental analysis shall address, but not be limited to, the following:

1. Describe at least two reasonable alternatives to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code § 15060(d)).

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

3. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area.

4. A health and safety assessment that analyzes in detail all probabilities of accidents or spills at the site, as well as transportation-related accidents from the point of origin to the facility. Such analysis shall identify mitigation measures to reduce identified risks. The health and safety assessment shall identify the most probable routes for transporting hazardous wastes to the facility within Orange County.

5. An analysis of traffic impacts associated with the project and recommended mitigated measures.

6. An analysis of all anticipated water quality impacts associated with the project and proposed mitigation to ensure no degradation of water quality in the area.

7. Other information as required by the California Environmental Quality Act (CEQA).

(Code 1976, § V.E-208.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

The following siting criteria have been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the City in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks and governmental costs associated with development of 1988 Orange County hazardous waste management plan, table V-3.

A. Protect the residents of Orange County (and Irvine).

1. Health and safety assessment.

a. All facilities. Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a health and safety assessment. A health and safety assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A health and safety assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the health and safety assessment duplicate information developed for environmental impact reports or risk assessments required under local, State or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the health and safety assessment.

b. The health and safety assessment shall evaluate, at a minimum, the area within 2,000 feet of the site, which is designated a sensitive area, and shall evaluate the potential impact on sensitive populations. Sensitive populations include residential populations, employment populations, and immobile populations such as those in schools, hospitals, convalescent homes, jails and other similar facilities within the area of potential impact. The health and safety assessment must consider the quantities and the physical and chemical characteristics of the specific types of waste that would be handled, the facility design features and planned operational practices. The need and distance for any buffering of the facility from residential areas or other sensitive land uses will be identified. The assessment must include a hydrologic evaluation, and must assess risks due to physical hazards such as flooding and earthquakes and potential water or air pollution. The assessment will detail credible potential accidents, including the distance over which effects would carry a variety of options for reducing risks, and procedures for dealing with the effects. The assessment will identify the capabilities (including equipment and trained personnel) and response times of existing emergency services with regard to accidents at the facility, and will provide an emergency evacuation plan. If existing emergency services are deemed inadequate, the local agency may require the developer to supplement those services with on-site trained personnel and equipment.

c. Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.

2. Distance from populations.

a. Treatment, recycling and collection facilities. Facilities shall comply with local minimum Zoning Code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required health and safety assessment.

b. Residuals repositories. A minimum buffer distance of 2,000 feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code § 25202.5(b) and (d). The size of the buffer zone necessary to protect public health and safety will be identified based on a required health and safety assessment.

B. Ensure the structural stability of the facility.

1. Floodplains.

a. All facilities. Facilities must be designed, constructed, operated and maintained to preclude failure due to flooding, per flood control authorities and requirements. Provisions must be made to contain and test storm runoff prior to discharge in areas subject to contamination by waste or treated material. The required health and safety assessment will address flooding risks associated with the facility.

b. Treatment, recycling and collection facilities. Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-induced waves in lakes), and coastal flooding. A structural analysis or engineering design study must be provided which shows methods to prevent inundation or washout.

c. Residuals repositories. Repositories are prohibited from locating in floodplain areas subject to 100-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (CFR) Title 40, Section 264.18(b), and California Code of Regulations Title 22, Section 66264.18(b).

2. Earthquakes.

a. All facilities. Facilities must have a minimum 200-foot setback from active or recently active earthquake faults, per California Code of Regulations Title 22, Section 66264.18(a). The required health and safety assessment will address earthquake safety of the facility.

3. Unstable soils.

a. Treatment, recycling and collection facilities. Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints. The required health and safety assessment will include a geologic report defining any such constraints and engineered solutions.

b. Residuals repositories. Repositories are prohibited from locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations Title 23, Subchapter 15, Section 2531(e). The required health and safety assessment will include a geologic report.

C. Protect surface and groundwater quality.

1. Containment and groundwater monitoring.

a. All facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection and spill control and recovery capability. Groundwater monitoring wells must be located around each facility to determine background vadose zone and groundwater quality, and to detect leaks and spills from the facility, unless demonstrated to be safe without them through the health and safety assessment. An ongoing groundwater monitoring program should be developed in consultation with local, State and water district representatives.

2. Water quality.

a. All facilities. Facilities shall not be sited within watershed areas which flow to open reservoirs or aqueducts that contain drinking water supplies. Facilities shall locate such that domestic water supply wells cannot be adversely affected from unauthorized releases of contaminants. As a guideline, facilities should locate at least one mile from domestic supply wells in the Forebay area (principal recharge area to the Orange County groundwater basin), and at least one-half mile from domestic supply wells in the pressure area of the Orange County groundwater basin, unless demonstrated to be safe at closer proximity through the health and safety assessment. Facilities shall not locate within wellhead protection zones as identified by EPA guidelines or municipal water supply agencies and local water districts, unless demonstrated to be safe at closer proximity through health and safety assessment. Facilities shall not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or groundwater resources which have been identified for beneficial uses by the Regional Water Quality Control Board basin plan (per State Water Resources Control Board Policy Resolution 88-63). The required health and safety assessment will identify water quality issues. Facilities must meet federal, State and local water quality requirements.

b. Treatment, recycling and collection facilities. Facilities are encouraged to locate outside of structured principal recharge areas to regional aquifers as defined in local or State plans, including the Forebay area. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a) major aquifer recharge areas, (b) areas of permeable strata and soils, (c) areas where the existing groundwater has beneficial uses as described in the basin plan. Facilities with subsurface storage or treatment must be sited, designed and operated to ensure that hazardous materials will be above the tension-saturated zone.

c. Residuals repositories. Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or State plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations Title 23, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin plan. Repositories must be sited, designed and operated to ensure that hazardous materials will always be above the tension-saturated zone.

3. Wastewater.

a. All facilities. Facilities operating wastewaters should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, State and local sewering agency discharge requirements; and the facility must obtain a valid industrial wastewater discharge permit.

D. Protect air quality.

1. Air quality nonattainment and PSD areas.

a. All facilities. Facilities are prohibited in Class I areas as identified in the Clean Air Act, and within wilderness, national parks, memorial areas and similarly dedicated areas. Facilities may be sited in other nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the South Coast Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigations associated with the facility.

E. Protect environmentally sensitive areas.

1. Wetlands.

a. All facilities. Facilities are prohibited from locating in wetlands such as saltwater, freshwater and brackish marshes, swamps and bogs, as defined in local, regional and State plans and policies (generally, areas inundated by surface water or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).

2. Animal and plant habitats.

a. All facilities. Facilities are prohibited from locating within critical or significant habitat areas of animal and plant species (including threatened or endangered species), as defined in local, regional or State plans and policies.

3. Prime agricultural lands.

a. All facilities. Facilities are prohibited from locating on prime agricultural lands, as defined in California law and local plans, unless an overriding public need is served and demonstrated.

4. Recreational, cultural and aesthetic resources.

a. Collection facilities. Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, State or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas.

b. Treatment and recycling facilities and residuals repositories. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies.

5. Mineral resource areas.

a. All facilities. Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California's mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.

F. Ensure safe transportation of hazardous waste.

1. Proximity to waste generation areas.

a. Treatment, recycling and collection facilities. Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.

b. Residuals repositories. Repositories may be located more distance from the sources of hazardous waste generation than other facilities because of the need for larger land areas and buffer zones.

2. Proximity and access to major routes.

a. All facilities. Facilities shall locate to minimize distance from major transportation routes. Facilities must have good access by roads designed to accommodate heavy vehicles. Travel routes from facilities to major transportation routes shall not pass through residential neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe with regard to road design and construction, accident rates, excessive traffic, etc. The required health and safety assessment will evaluate risks associated with transportation of hazardous wastes.

G. Protect the social and economic goals of the community.

1. Consistency with General Plan.

a. All facilities. Facilities must be consistent with local planning policies, including the City or County General Plan and zoning ordinances.

2. Fiscal impact.

a. All facilities. A facility's fiscal impact to the City or County must be demonstrated.

3. Socioeconomic impacts.

a. All facilities. The City or County may require the facility developer to fund an independent study on socioeconomic impacts of the facility.

4. Consistency with Orange County hazardous waste management plan.

a. All facilities. Facilities shall be consistent with the goals and policies of the Orange County hazardous waste management plan, and must demonstrate compliance with the siting criteria established herein. Facilities shall be consistent with the fair share principle, and with any interjurisdictional agreements on hazardous waste management. Local needs are to be the primary basis for facility siting criteria decisions, along with regional commitments; facilities are to be designed and sized primarily to meet the hazardous waste management needs of Orange County, or to meet the County's broader regional commitments under an interjurisdictional agreement.

(Code 1976, § V.E-208.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94; Ord. No. 00-02, § 4, 2-8-00)

A. General conditions. The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility in order to achieve the purposes of this chapter and the General Plan and to protect the health, safety and general welfare of the community.

B. Safety and security.

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

2. The operator shall provide a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.

3. An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm) shall be constructed to completely surround the facility.

4. All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend "Danger—Hazardous Waste Area—Unauthorized Personnel Keep Out" shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish and any language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger—Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

C. Contingency plan.

1. The hazardous waste facility is required to have a contingency plan designed to minimize hazards to human health and the environment from fires, explosions, or unplanned release of hazardous waste to air, soil, or surface water. The plan shall be carried out immediately whenever a fire, explosion, or unplanned release occurs.

2. The contingency plan shall include:

a. The actions employees must take in response to a fire, explosion, or unplanned release of hazardous waste.

b. Arrangements agreed to by local emergency response officials.

c. The names, addresses and telephone numbers (office and home) of all persons qualified to act as emergency coordinator. (If more than one name is listed, the order in which they may assume authority shall be given, with one person designated as primary coordinator.) The emergency coordinator shall be available to respond to an emergency and shall have the responsibility for coordinating all emergency response measures. The emergency coordinator shall be familiar with all aspects of the contingency plan, all operations and activities of the facility, the location and characteristics of wastes handled, and general facility layout. The emergency coordinator shall have the authority to commit the resources needed to carry out the contingency plan.

d. A listing of all emergency equipment at the facility, including its location and an outline of its capabilities.

e. An evacuation plan for employees where evacuation may be necessary, including signals used to begin evacuation, primary evacuation routes and alternate routes.

3. Facility emergency coordinator responsibilities shall be identified in the contingency plan, to include, at a minimum, the following:

a. In event of emergency (imminent or natural) fire, the emergency coordinator shall immediately activate facility alarms to notify employees and shall contract appropriate State or local emergency response agencies.

b. In the event of a fire, explosion, or release of any hazardous material, the emergency coordinator shall immediately identify the character, exact source, amount and real extent of any released materials. Concurrently, the emergency coordinator shall assess possible hazards, both direct and indirect, to human health or the environment that may result from the emergency.

c. If the emergency coordinator determines that the facility has had a release, fire or explosion which could threaten human health and the environment outside the facility, the emergency coordinator shall report his or her findings as per the following Subsections d and e.

d. If evacuation is necessary, local officials shall be so notified.

e. The emergency coordinator shall, in every situation, notify the State Office of Emergency Services at 1-800-852-7550 providing the following information:

(1) Name and telephone of person reporting;

(2) Name and address of facility;

(3) Time and type and incident;

(4) Name and quantity of material(s) involved;

(5) Extent of injuries; and

(6) Possible hazard to human health and the environment outside facility.

f. During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur or spread, including such measures as:

(1) Stopping operations;

(2) Collecting and containing released waste; and

(3) Removing or isolating containers.

g. If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure buildups, gas generation or ruptures in valves, pipes or other equipment as appropriate.

h. Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.

i. Other activities required of the emergency coordinator after an emergency are:

(1) No wastes incompatible with the released material are handled until cleanup is completed; and

(2) Emergency equipment is cleaned and ready for use before operations are resumed.

4. Owner/operator responsibilities shall be identified in the contingency plan, to include, at a minimum, the following:

a. Notify the State Department of Health Services and appropriate State and local authorities that the above requirements have been met before operations are resumed in the affected area.

b. Record the time, date and details of any incident which requires implementing the contingency plan.

c. Within 15 days submit a written report on the incident to the State Department of Health Services. The report shall include:

(1) Name, address and telephone number of the owner/operator;

(2) Name, address and telephone number of the facility;

(3) Date, time and type of incident;

(4) Name and quantity of materials involved;

(5) Extent of any injuries;

(6) Assessment of actual or potential hazards to human health or the environment, where applicable; and

(7) An estimate of the quantity of material recovered and its disposition.

d. A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to Public Safety, the Orange County Fire Department, surrounding hospitals, the Orange County Health Care Agency, and other regulatory agencies as deemed appropriate.

e. The contingency plan shall be reviewed and amended when any of the following occur:

(1) The facility permit is revised.

(2) Applicable regulations are revised.

(3) The plan fails in an emergency.

(4) Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste.

(5) The list of emergency coordinators changes.

(6) The list of emergency equipment changes.

D. Monitoring.

1. Upon reasonable notice, the City, its designated representatives or other agencies may enter a parcel on which a conditional use permit for a hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.

2. The holder of a conditional use permit for a hazardous waste facility shall report quarterly to the City the amount, type and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous waste materials. The report should also include a map showing the exact location (coordinates and elevation) by quantity and types of materials placed in repositories or otherwise stored or disposed of on-site.

3. All structures shall remain accessible for inspection purposes.

E. Closure plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of this intended operating life. The closure plan shall include at least:

1. A description of how and when the facility will be partially closed, if applicable, and finally closed. The description shall identify the maximum extent of the operation which will be open during the life of the facility.

2. An estimate of the maximum inventory of wastes in storage and in treatment at any time during the life of the facility.

3. A description of the steps needed to decontaminate facility equipment during closure.

4. An estimate of the expected year of closure and a schedule for final closure. The schedule shall include, at a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure. The owner or operator may amend his or her closure plan at any time during the active life of the facility. (The active life of the facility is that period during which wastes are periodically received.) The owner or operator shall amend the plan whenever changes in operating plans or facility design affect the closure plan, or whenever there is a change in the expected year of closure. When the owner or operator requests a permit modification to authorize a change operating plans or facility design, a modification of the closure plan shall be requested at the same time.

5. The plan shall clearly indicate an effective and ongoing use for the facility after closure. The plan will identify how the subject property will be used after the anticipated life of the project, the nature and type of reclamation, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to ensure no hazardous materials are leaking from the site.

6. The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance, per Section 2-13-8.F.3 below.

F. Financial responsibility. The owner/operator shall show proof of liability insurance as follows:

1. The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but not be limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the City as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.

2. Additionally, coverage will be provided for workers' compensation insurance and such other insurance as may be required. Said insurance will name the City as either additional insured or as an additional loss payee. Certificates of insurance will be submitted to the City annually.

3. An irrevocable trust will be established to provide funds for closure of the site and its long-term post-closure and monitoring and maintenance. Funds for this trust would be provided by the owner/operator of the facility quarterly based on quantity and types of percentage of gross income. The terms of the trust would be as agreed upon by the project owner/operator and the City. The terms will be reviewed annually in regards to the amount of funds in the trust and anticipated closure monitoring and maintenance costs. The applicant shall provide a bond in an amount to be determined by the City for purposes of closure of the site.

4. The owner/operator shall defend, indemnify, and hold harmless the City, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.

(Code 1976, § V.E-208.7; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

Pursuant to Section 2-13-3.C of this chapter, the City Council shall appoint a seven-member Local Assessment Committee (LAC).

A. The membership of the LAC shall:

1. Be broadly constituted to reflect the makeup of the community and shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Government Code § 87103, in the proposed specified hazardous waste facility project. (Requirement of Health and Safety Code § 25199.7(d)(1).)

2. Advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. The LAC shall do the following:

a. Enter into a dialogue with the project proponent for the proposed hazardous waste facility project to reach an understanding with the project proponent on both the following:

(1) The measures that should be taken by the project proponent in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the City.

(2) The special benefits and remuneration the project proponent will provide the City as compensation for the local costs associated with the operation of the facility. (Requirement of Health and Safety Code § 25199.7(d)(2)(A).)

3. Represent generally, in meetings with the project proponent, the interests of the residents in the City and the interests of adjacent communities. (Requirement of Health and Safety Code § 25199.7(d)(2)(B).)

4. Receive and expend the technical assistance grants made available as specified in Division 3 of this zoning ordinance. (Requirement of Health and Safety Code § 25199.7(d)(2)(C).)

5. Adopt rules and procedures which are necessary to perform its duties as outlined herein. (Requirement of Health and Safety Code § 25199.7(d)(2)(D).)

6. Advise the City of the terms, provisions, and conditions for project approval which have been agreed upon by the LAC and the project proponent and of any additional information which the LAC deems appropriate. The legislative body of the City may use this advice for this independent consideration of the project. (Requirement of Health and Safety Code § 25199.7(d)(2)(E).)

7. Cease to exist after final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed. (Requirement of Health and Safety Code § 25199.7(d)(4).)

B. The approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Health and Safety Code § 25199.7(d)(3).)

C. If the LAC and the project proponent cannot resolve any differences through the meetings specified in Section 2-13-3.E of this ordinance, the OPA may assist in this resolution pursuant to Health and Safety Code § 25199.7. (Requirement of Health and Safety Code § 25199.7(h).)

(Code 1976, § V.E-208.8; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

See Chapter 2-23 of this division (Public Meetings, Hearings and Notice Procedures).

(Code 1976, § V.E-208.9; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

In order for the Planning Commission to approve a hazardous waste facility application, the Commission must act on this application prior to approving a conditional use permit for a hazardous waste facility. The Planning Commission shall find that:

A. The project is consistent with the City's General Plan and zoning ordinance.

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

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

D. The project is consistent with the regional fair share facility needs assessment and siting policies established in the Orange County hazardous waste management plan.

E. The project complies with the facility siting criteria per Section 2-13-7.

(Code 1976, § V.E-208.10; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. A project proponent or an interested person may file an appeal of a land use decision made by the City Council to the Governor's Appeals Board within 30 days after the date the City takes final action on the land use decision pursuant to Health and Safety Code § 25199.9. Procedures for filing an appeal are outlined in Health and Safety Code § 25199.14.

B. See appeal procedures in Chapter 2-5 of this division.

(Code 1976, § V.E-208.11; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. A conditional use permit granted for an off-site hazardous waste facility shall be exercised within three years from the effective date thereof, or within such additional time as may be set in the conditions of approval, which shall not exceed a total of seven years; otherwise, the permit shall be null and void. The term "exercised" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.

B. Permit review and renewal shall be determined at the time of approval and shall not exceed five years.

(Code 1976, § V.E-208.12; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)