Lancaster Municipal Code Art. VII Hazardous Waste Facilities

The purpose of this article is to establish a uniform conditional use permit application and review process for the location, design and maintenance of hazardous waste facilities, and to ensure protection of the health, safety and welfare of the residents of city. All land use decisions made with regard to an application for a hazardous waste facility project shall be consistent with the approved Los Angeles County hazardous waste management plan.

(Prior zoning ord. § 711.010)

A person shall not use any premises for a hazardous waste facility except as permitted in this article. All hazardous waste facilities are subject to all regulations and conditions enumerated in this article.

(Prior zoning ord. § 711.020)

For the purposes of this article, the following are defined. Additional definitions contained in Health and Safety Code Sections 25100 et seq. are incorporated herein by reference.

"Hazardous waste" is defined in the Health and Safety Code Section 25117.

"Hazardous waste facility" or "facility" is defined in Health and Safety Code Section 25117.1. Unless expressly provided otherwise, "hazardous waste facility" includes a "specified hazardous waste facility."

"Hazardous waste facility project" is defined in Health and Safety Code Section 25199.1(b). Unless expressly provided otherwise, "hazardous waste facility project" includes a "specified hazardous waste facility project."

"Land use decision" means any discretionary decision of the city council or planning commission concerning a hazardous waste facility project.

"Local assessment committee" or "LAC" means a 7-member public body appointed by the city council to represent the interests of the community in the hazardous waste facility project review process. The LAC shall be established and administered in accordance with Health and Safety Code Section 25199.7.

"Specified hazardous waste facility" is defined in Health and Safety Code Section 25199.1(m).

"Specified hazardous waste facility project" is defined in Health and Safety Code Section 25199.1(n).

(Prior zoning ord. § 711.030)

The following procedures are established for all land use decisions relating to any hazardous waste facility project. All hazardous waste facility projects shall require a conditional use permit as set forth in Article I of Chapter 17.32. The planning commission shall act to recommend approval subject to conditions or denial of the conditional use permit to the city council. The city council shall act to approve subject to conditions or deny the conditional use permit.

A. Specified Hazardous Waste Facility Projects. In addition to the procedures set forth in Health and Safety Code Section 25199 et seq., Public Resources Code Section 21000 et seq., and Government Code Section 65920 et seq., applicants for specified hazardous waste facility projects shall comply with the following requirements.

1. Applicants shall submit to the director of community development (hereinafter referred to as the director) the application required by Section 17.40.380.

2. In addition to the application contents required pursuant to section 17.40.380, all applications shall contain a proposed public education/participation program to be employed during the land use decision making process. Such plan shall be mutually agreeable to the project proponent and the director.

3. A local assessment committee (LAC) shall be formed. In addition to its duties under Section 25199.7(d) of the California State Health and Safety Code, the LAC shall review the application and the environmental documentation, to solicit public comments on the application and recommend conditions to be attached to the conditional use permit. The person or entity preparing the documents required by the California Environmental Quality Act (CEQA) shall not be the same person or entity which acts as a consultant to the LAC.

B. Hazardous Waste Facility Projects. In addition to the procedures set forth in Public Resources Section 21000 et seq. and Government Code Section 65920 et seq., applicants for hazardous waste facility projects (which are not specified hazardous waste facility projects) shall comply with the following requirements:

1. Applicants shall submit to the director the application required by Section 17.40.380.

2. At the request of the applicant, the director shall, within 90 days after the application has been deemed complete, issue an initial written determination on whether the project is consistent with the general plan, applicable provisions of this title, and has met the local environmental guidelines of the city for implementing CEQA. This determination will not prohibit the city council from making a different determination.

3. A public hearing upon the application shall be set before the planning commission as soon as the director has determined that the application complies with all requirements of this title and all requirements by the city of Lancaster with regard to the CEQA have been met.

4. Not later than one month prior to any public hearing, the applicant shall provide the director with 3 sets of mailing labels indicating all property owners of record (as shown on the latest county equalized assessment roll), residents, businesses, and tenants within a 2,000 foot radius of the boundary of the lot or lots on which the proposed hazardous waste facility will be located.

5. A LAC need not be formed for all proposed on-site facilities. The director shall have 30 working days to make a determination that an application is complete for filing purposes. At the discretion of the city council and upon the recommendation of the director, a LAC may be formed for a proposed on-site storage or recycling facility which does not include an incinerator, or for any on-site facility for which an environmental impact report is not required.

(Prior zoning ord. § 711.040)

Every application for a hazardous waste facility project shall be filed with the director and accompanied by a deposit in the amount set forth in Section 17.40.440. The application shall include, but not be limited to, the following information:

A. Name(s), address(es) and telephone number(s) of the applicant(s);

B. Evidence that the applicant is the owner of the premises involved or that the applicant has the written permission of the owner to make such application;

C. Complete project narrative, demonstrating the need for siting the proposed hazardous waste facility in the specific location identified;

D. A project analysis, plot plan, and development plan drawn to scale in sufficient detail to clearly illustrate the following:

1. Physical dimensions of the property and structures, both existing and proposed,

2. Site plan, indicating the initial project proposal and the ultimate land use layout and utilization of property,

3. Location of existing and proposed structures,

4. Setbacks and landscaping,

5. Parking and circulation,

6. Ingress and egress,

7. Drainage patterns,

8. Storage and processing areas,

9. The distance to the nearest residences, to properties designated in the general plan for residential use, to proposed or presently zoned residential areas, and to immobile populations,

10. The distance from the project property line to the nearest adjacent structures, and a description and location of such structures,

11. Topographic description of the property and surrounding area within 2,000 feet of the boundary of the lot or lots on which the proposed facility will be located,

12. Proximity of site to the 100-year floodplain boundary as established by FIRM or FEMA,

13. Distance to all ground water supplies, dry washes, and rivers and aquifers,

14. Proximity to pumping water wells or well fields, whether operational or not,

15. Existing and proposed utilities which service or will be required to service the facility;

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

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

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

H. Identification of any rare or endangered species of plant or animals within the project site and surrounding area and recommended impact mitigation measures;

I. Identification of the amounts (in tons), sources and types of hazardous wastes to be treated, stored or disposed of at the proposed facility, the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served by the facility and thereby be representative of the wastes that will be processed at the facility;

J. A risk assessment, including health and environmental risks, which analyzes in detail all possibilities and probabilities of accidents or spills involving hazardous materials or wastes to be used or stored at the site, transportation-related accidents from the point of origin to the facility, and other probabilities requested by either the director, the planning commission or the city council. Such analyses shall specify mitigation measures to reduce the identified risks. The risk assessment shall also identify the most probable routes for transporting hazardous waste to the facility, and identify provisions for automatic facility shutdown and resumption of facility operations in the event of adverse meteorological conditions, fire, flood, earthquake or other geologic or natural phenomena. The risk assessment conducted shall include information required under the Los Angeles County hazardous waste management plan and the standards for the use analysis shall be based on standards generally applied on a statewide and regional basis, by the U.S. Environmental Protection Agency, State Department of Health Services, and South Coast Air Quality Management District;

K. The monitoring program required by Section 17.40.400. The monitoring program shall also include any monitoring requirements imposed by other permitting agencies including but not limited to, the South Coast Air Quality Management District (SCAQMD), Lahontan Regional Water Quality Control Board and the State Department of Health Services;

L. A water consumption report for the project and proposed mitigation measures for water conservation to the city and to the local water purveyor;

M. An emergency response plan as approved by the emergency preparedness coordinator which contains, at a minimum, the following information:

1. That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedures,

2. Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures,

3. Anticipated impacts on local fire, police and medical services,

4. Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, and a detailed description of uncontrolled release and emergency situation reporting procedures;

N. A completed city environmental assessment questionnaire;

O. A land use map which depicts land uses within 2,000 feet of the boundary of the lot or lots on which the proposed facility will be located;

P. A title report completed within 60 days of the date of facility application submittal;

Q. Financial statements for the applicant including proposed means for financing the development of the facility, and anticipated costs and revenues associated with operation of the facility;

R. Detailed information regarding how the applicant will meet state pollution liability insurance and state requirements for funding closure and post closure;

S. Vicinity map which indicates, at a minimum, proximity of the facility to schools, parks, residences, hospitals, and other immobile populations, community facilities, and to properties designated by the general plan for residential use;

T. A seismic and geological evaluation of the site must be conducted by a certified geologist/ seismologist which shall confirm, at a minimum, the following information:

1. The proximity to earthquake fault zones,

2. Whether or not active faults or lineaments which would suggest the presence of faults are located within 2,000 feet of the proposed site,

3. A preliminary geological study of the property and surrounding area including a soils analysis location and description of known aquifers, regardless of the potability of those aquifers,

4. Information as to whether ground subsidence and liquefaction have occurred or whether they may occur at the proposed site;

U. Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous waste.

(Prior zoning ord. § 711.050)

All hazardous waste facilities shall comply with the following standards and locational criteria:

A. Facilities shall be located in areas designated on the general plan land use map as heavy industrial, and shall only be permitted in the HI zone.

B. No facility shall be permitted within 2,000 feet of residential zoned sites, hospital sites, school sites or sites planned for immobile populations unless the applicant proves through a risk analysis that a 2,000 foot buffer zone is not required to protect public health and safety. A separation greater than 2,000 feet may be required if determined necessary by a risk assessment.

C. The site on which the facility is located shall be of adequate size and shape to accommodate yards, walls, parking, loading and storage, landscaping and other development requirements prescribed by this title. As a condition of the conditional use permit the proposed use would be required to interface appropriately with surrounding uses.

D. All setbacks shall be landscaped. The minimum setbacks shall be 20 feet for front and street side yards. Landscape plans shall be subject to approval by the director.

E. All hazardous waste facilities shall erect a minimum 8-foot high decorative block wall that shall not exceed 15 feet in height. The wall shall be set back at least 20 feet from the property line when located on street or highway frontage. The area between the wall and the sidewalk shall be fully landscaped. The decorative block wall shall be erected along the perimeters of the side and rear property line.

F. No facility shall be placed within 200 feet of any known active earthquake fault or lineation suggesting the presence of a fault. The facility must be designed in such a manner to ensure structural integrity should a seismic event occur of up to 8.3 on the Richter Scale. If it is demonstrated that ground subsidence and/or liquefaction has occurred or may occur on the site, the proposed facility shall be engineered and designed to ensure structural stability in such an event.

G. No facility shall be constructed in any area identified as being within a 100 year floodplain boundary established by FIRM or FEMA unless it is designed, constructed, operated and maintained to prevent inundation.

H. No facility shall be placed within 500 feet of a dry wash or river, aqueduct, reservoir, supply well, or aquifer recharge area or within any area known or suspected on basis of a geological study to be supplying recharge to an aquifer unless design features are incorporated to avoid any potential for water contamination.

I. Facilities generating wastewater shall be located in areas with adequate sewer capacity and treatment capability to accommodate the expected wastewater discharge.

J. All facilities shall avoid locating in areas of potential rapid geologic change, or areas with high rate of subsidence and areas subject to liquefaction unless containment structures are designed, constructed and maintained in a manner acceptable to the director of public works and/or the city engineer so as to preclude failure as a result of such changes.

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

L. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value, as determined by the director.

M. All facilities shall locate in areas where fire departments are able to quickly respond to hazardous materials accidents and where demonstrated emergency response times are deemed acceptable by the local fire department official. 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.

N. All facilities shall be located so that distance traveled on city streets is kept to a minimum, and any routes to and from state or interstate highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal. As part of conditional use permit approval, the city may impose limitations on the use of access routes to and from the facility by vehicles containing hazardous waste. This may include specifying the number and size of vehicles used and the hours of travel.

O. All facilities shall comply with the provisions of the CEQA.

P. Any modifications of the types and quantities of hazardous wastes to be managed at the proposed facility or significant modifications to the processes employed at the facility which were not considered in the original facility approval by the city, shall be presented to the director in writing. The proposed modifications may, at the discretion of the director, result in the approval of minor modifications to the process, or require revision of the facility's conditional use permit through a public hearing both before the planning commission and the city council, or may require a new application for the facility and a new conditional use permit.

(Prior zoning ord. § 711.060)

All applications for hazardous waste facility projects shall include for approval a monitoring program that complies with the following requirements:

A. For the purpose of ensuring compliance with all standards, conditions and other requirements, the city or its designated representative may enter the premises on which a hazardous waste facility permit has been granted.

B. A provision for a periodic general review by the planning commission and/or city council of the applicant's compliance with the facility's conditional use permit, with provisions for modifying the existing conditions or adding new conditions, as appropriate.

C. The owner or operator of a hazardous waste facility shall file a written quarterly report with the city, and to the Los Angeles County Department of Public Works. This report shall include, but not be limited to, the amount (in tons), type and disposition of all wastes processed by the facility. The report shall also include copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location by coordinates and elevation of the quantities and types of materials placed in repositories or otherwise stored or disposed of on site. The report shall also include information on hazardous waste releases to the air, water or soil, spills and injuries to facility personnel.

D. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints relating to the facility and/or the operation of the facility and copies of all inspection reports made by other local, state or federal agencies to the director who shall distribute copies to the Director of Public Works.

E. The emergency response plan shall be updated annually, and all management personnel at the facility shall sign the plan acknowledging familiarity with the plan. The updated plan shall be distributed to all local emergency response agencies which includes, but is not limited to, the Los Angeles County sheriff's department, the Los Angeles County fire department, and to the emergency response staff for the city of Lancaster, the Los Angeles County health department and the Los Angeles County public works department.

F. Immediate notification to the city of any unauthorized release to the air, water or soil from any facility.

G. Payment of all monitoring costs. Such costs shall include but are not limited to preparation and administration of a CEQA mitigation monitoring program for the facility and administration of the monitoring program provided for in this section.

H. The LAC may recommend to the city council that a separate body act as a "standing committee" to serve during the period in which facility is in operation to promote ongoing communication between the owner/operator and the community, and to monitor adherence to the requirements of this article.

(Prior zoning ord. § 711.070)

A. Prior to issuance of a certificate of occupancy, the applicant shall demonstrate to the satisfaction of the director that the applicant has met all of the financial responsibility requirements imposed by the state of California Department of Health Services, the city and any other state or federal agency.

B. The applicant agrees to indemnify, defend, and hold harmless the city, the director, the planning commission, and the city council, and all officers, employees and agents of the city against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the facility location.

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

D. The city may employ any and all methods permitted by law to enforce this article.

E. The owner/operator shall keep all equipment, buildings and the site in an orderly condition and in good repair and shall employ technological advances as may be required by the state of California Department of Health Services, the South Coast Air Quality Management District, the Federal Environmental Protection Agency, and any other agency required by law.

F. The city council may impose, as necessary, conditions and standards other than those presented, in order to achieve the purposes of this article and to protect the environment and the public health, safety or general welfare.

G. All studies, including the risk assessment, shall be made by a third party agreement administered through the city of Lancaster.

(Prior zoning ord. § 711.080)

A. The duration of the land use decision will be determined at the time of conditional use permit approval but shall not exceed 10 years.

B. The conditional use permit may be renewed for an additional time period not to exceed 10 years, upon the submission of a new application in accordance with Section 17.40.380 and payment of processing and review costs as set forth in Section 17.40.440.

C. If the applicant fails to commence operation of the facility within 2 years of the date of the land use decision, the conditional use permit shall expire.

D. A comprehensive review of the facility will be required after every 5 years.

E. Failure to comply with the conditions contained in the conditional use permit, to conduct the mitigation required by CEQA or failure to comply with the provisions of this article will be considered grounds for permit review and possible revocation at the discretion of the city council.

(Prior zoning ord. § 711.090)

The applicant will pay all costs related to city processing and review of the facility application; the preparation, review and administration of all documentation and programs prepared pursuant to the California Environmental Quality Act (CEQA); and all activities of the local assessment committee (LAC) related to the facility application review and processing.

(Prior zoning ord. § 711.100)

An initial deposit amount to cover the costs set forth in Section 17.40.430 shall be set by resolution of the city council.

(Prior zoning ord. § 711.110)

No variance shall be granted to the requirements or conditions set forth in this article.

(Prior zoning ord. § 711.120)

The following findings shall be made in writing prior to the city council making a land use decision which will permit the development of a hazardous waste facility project:

A. The proposed project is consistent with the city general plan and this title.

B. The project will not be detrimental to the public health, safety or general welfare.

C. The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities of adequate capacity to serve the proposed use. The circulation features serving the proposed facility are adequate in width and location, and are improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility.

D. The project has met or exceeded each requirement of this article.

E. All environmental impacts identified in any environmental document prepared as part of the process to comply with the California Environmental Quality Act and this article are insignificant, have been mitigated, or are acceptable due to a statement of overriding considerations, and the mitigation measures (if any) will be monitored under a mitigation monitoring program.

F. All the findings set forth in Article I of Chapter 17.32 have been met. Health risk and environmental risk assessments have been conducted for the proposed facility based on well-defined and credible assumptions detailing the results of a "worst-case" scenario as well as all other possible or probable accidents or spills at the proposed facility, which address both the potential threat to public health, safety and the environment posed by the proposed facility.

(Prior zoning ord. § 711.130)

If any section, sentence, clause or phrase of this article is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council declares that it would have passed the ordinance codified in this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases may be declared invalid or unconstitutional.

(Prior zoning ord. § 711.140)