Chapter 3-35 — Livermore Zoning Code

OFF-SITE HAZARDOUS WASTE MANAGEMENT FACILITIES

Sections:

3-35-010 Purpose and intent.

3-35-020 Applicability.

3-35-030 Definitions.

3-35-040 Procedure.

3-35-050 Application requirements.

3-35-060 Environmental review.

3-35-070 Facility siting criteria and permitting requirements.

3-35-080 Special development requirements.

3-35-090 Local assessment committee (LAC).

3-35-100 Findings.

3-35-110 Appeal.

3-35-120 Time limits.

3-35-010 Purpose and intent. ¶

The purpose of this section is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of specified off-site hazardous waste facilities. This code incorporates general policies regarding hazardous waste management pursuant to Health and Safety Code Sections 25199.7 et seq. and the Alameda County Hazardous Waste Management Plan, November 1995. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.010)

3-35-020 Applicability. ¶

A. The specific requirements of this code are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities as defined in LPZC 3-35-030, Definitions.

B. The off-site facility definition does not apply to: (1) transportable treatment units (TTUs) 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.

C. All such facilities (i.e., off-site, on-site and TTUs) shall require state licensing for their installation and operation.

D. A major 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. (Ord. 1633 § 2, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.020)

3-35-030 Definitions. ¶

A. “Off-site hazardous waste facility” means a facility, as defined in California 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.

B. “Small-scale transfer and storage facility” means off-site facilities with waste streams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. Household hazardous waste facilities are considered small-scale transfer and storage facilities.

C. “Industrial transfer/storage/treatment facility” means any off-site hazardous waste management facility which is not a small-scale transfer and storage facility or a residuals repository (as defined in the Alameda County Hazardous Waste Management Plan). This facility category includes, but is not limited to, manifested waste transfer stations, recycling facilities, aqueous treatment facilities, stabilization and solidification facilities, and bioremediation. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.030)

3-35-040 Procedure. ¶

For the purpose of identifying the steps for processing a major conditional use permit application for a specified off-site hazardous waste facility, the project proponent, state and city shall follow the procedures set forth in the Health and Safety Code Section 25199.7. (Ord. 1633 § 3, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.040)

3-35-050 Application requirements. ¶

The information required for a major conditional use permit application for an off-site hazardous waste facility shall be determined by the community development department. (Ord. 1633 § 4, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.050)

3-35-060 Environmental review. ¶

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 Sections 21000 – 21177; 15000 – 15387). (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.060)

3-35-070 Facility siting criteria and permitting requirements. ¶

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 associated with development of hazardous waste facilities, consistent with the Alameda County Hazardous Waste Management Plan.

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 associated with development of hazardous waste facilities, consistent with the Alameda County Hazardous Waste Management Plan.


City of Livermore General Siting Criteria
Department of Health Services Defnition	Small-Scale Transfer and Storage Facility	Industrial Transfer/Storage/Treatment Facility
A. Seismic	Exclusionary	Exclusionary
	No facilities shall be placed within 200 feet of an active or recently active fault. CCR Title 22, Section 66391(a)(f11)A(1) and (2).
B. Floodplains	Conditional	Conditional
100-year foodplains and areas subject to fooding by dam or levee failure and tsunamis, seiches and coastal fooding.	May be built in areas subject to 100-year fooding if protected by engineered solutions designed to preclude failure, such as berms, raising above food levels, etc.
C. Wetlands	Exclusionary	Exclusionary
Saltwater, freshwater, and brackish marshes, swamps and bogs inundated by surface or groundwater with a frequency to support a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction, as defned in adopted state or regional policies.	No facilities shall be located in wetlands.	No facilities shall be located in wetlands.
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D. Habitat of Endangered Species	Exclusionary	Exclusionary
Plant and animal rare, endangered and critical habitat areas.	No facilities shall be located within critical habitats of endangered species, defned as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identifed or being considered for identifcation as “endangered” or “threatened” by the U.S. Department of the Interior or the state of California.
E. Unstable Soils	Conditional	Conditional
Steep slopes and areas subject to liquefaction and subsidence due to natural causes.	Facilities located in these areas should have engineered design features (i.e., containment structures) to assure structural stability.
F. Major Aquifer Recharge Areas	Conditional	Conditional
Areas known or suspected to be supplying principal recharge to a regional aquifer, as defned in adopted general, regional, or state plans.	If located in these areas, facilities should provide properly designed, constructed, and maintained engineering spill containment features, inspection and monitoring measures and other environmental protection controls to prevent runof from the facility.
G. Distance from Residences	Conditional	Conditional
Residences	The city of Livermore currently has a county household hazardous waste collection facility. No additional facilities of this nature are anticipated. Small-scale facilities for commercial/industrial generators are more appropriately located away from residences and in a	Treatment, storage, or transfer facilities handling ignitible, explosive, reactive or acutely hazardous wastes must provide a minimum bufer zone of at least 2,000 feet between the nearest legal residence in an industrial/commercial area and residential designated property and the facility site, unless the developer can demonstrate by risk assessment and as part of the local
	central location to serve all such generators. Small-scale facilities shall provide a minimum bufer zone of 500 feet between the nearest legal residence in an industrial/commercial area or residential designated property and the facility site.	permitting process that a smaller bufer zone provides adequate protection for the public in the event of an accident. For other facilities, including recycling, transfer, or storage of other types of hazardous wastes, a bufer zone of at least 500 feet is required between the facility site and the nearest legal residence in an industrial/commercial area and residential designated property (again, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller bufer zone provides adequate protection for the public in the event of an accident).
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H. Distance from Immobile Populations	Conditional	Conditional
Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, day care centers, homeless shelters, etc.	The city of Livermore currently has a household hazardous waste collection facility. No additional facilities of this nature are anticipated. Small-scale facilities for commercial/industrial generators are more appropriately located away from residences and in a central location to serve all such generators. Small-scale facilities for commercial/industrial generators are more appropriately located away from immobile populations and in a central location to serve all such generators. Small-scale facilities shall provide a minimum bufer zone of 500 feet between the nearest site with an immobile population and the facility site.	Larger bufer zones are required between a transfer station, storage, or treatment facility and any immobile populations where evacuation in the event of an accident at the facility is likely to be difcult or inadvisable. This is especially true for facilities handling ignitible, explosive, or reactive wastes. A minimum bufer zone of 5,000 feet between a facility site and any site with an immobile population is therefore required, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller bufer zone provides adequate protection for the immobile population.
I. Proximity to Major Transportation Routes	Conditional	Conditional
	Should be located so as to minimize distances to major transportation routes which are designed to accommodate heavy vehicles.


	All Facilities: Road networks leading to major transportation routes should not pass through residential neighborhoods, should minimize residential frontages in other areas, and should be safe with regard to road design and construction, accident rates, excessive trafc, etc.	All Facilities: Road networks leading to major transportation routes should not pass through residential neighborhoods, should minimize residential frontages in other areas, and should be safe with regard to road design and construction, accident rates, excessive trafc, etc.
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J. Permeable Strata and Soils	Conditional	Conditional
Permeability requirements are defned in CCR Title 23, Chapter 15.	Facilities should avoid locating on highly permeable soils or sediment. Facilities located in areas where surfcial soils are principally permeable materials such as sand and gravel should provide for spill containment and monitoring measures.
K. Nonattainment Air Areas	Conditional	Conditional
Areas not in compliance with national air quality standards for one or more measured air pollutants.	All facilities must comply with requirements of the Bay Area Quality Management District.
L. PSD Air Areas	Conditional	Conditional
Prevention of signifcant deterioration areas are those in compliance with national air quality standards.	All facilities must comply with the permitting requirement of the Bay Area Quality Management District.
M. Prime Agricultural Lands	Conditional	Conditional
Areas designated as prime agricultural lands in the applicable general, regional or state plan.	Prime agricultural lands under California law may not be used for urban purpose unless an overriding public need is demonstrated by the applicant. When siting hazardous waste management facilities in these areas, overriding public service needs must be demonstrated by the applicant.
N. Depth to Groundwater	Conditional	Conditional
	Facilities may be located in high groundwater areas if the engineered design of the containment structure is capable of withstanding failure because of geologic or soil failure which may arise.
O. Proximity to Public Services	Conditional	Conditional
Public utilities (sewer, water, etc.) and emergency services, including fre, police, medical and hazardous materials response personnel/facilities/equipment. Other public facilities such as corporation yards, roads, large open spaces on military reservations, and state school lands in remote areas.	For transfer and storage facilities, self-sufcient services may be appropriate, where these facilities are necessary to serve remote rural areas. In urban areas, public services should be available. For other facilities, public water and sewer services and emergency services should be readily available.	For transfer and storage facilities, self-sufcient services may be appropriate, where these facilities are necessary to serve remote rural areas. In urban areas, public services should be available. For other facilities, public water and sewer services and emergency services should be readily available.
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	Potential adverse impacts which could occur because of proximity to public facilities shall be determined as part of the risk assessment conducted in the permitting process. This should consider the physical and chemical characteristics of the wastes that will be handled and the design features of the facility. Proximity to other public facilities such as corporation yards, utilities, roads, large open spaces on military reservations, and state school lands in remote areas may be acceptable.
P. Proximity to Waste Generation Stream	Conditional	Conditional
Transportation of hazardous waste should be minimized to decrease risk of accidental spills.	Collection centers should be close to small quantity generator areas to encourage their use.	TSDFs should be located close to waste generation source to minimize the risks of transportation.
Q. Appropriate Zoning	Conditional	Conditional
Specifed by the appropriate jurisdiction. All jurisdictions should have some type of zoning which will allow siting of diferent types of hazardous waste management facilities.	Small-scale transfer and storage facilities are a conditional use in the I-3 (Heavy Industrial) zoning district.	Industrial transfer/storage/treatments facilities are a conditional use in the I-3 (Heavy Industrial) zoning district.
R. Recreational, Cultural or Aesthetic Areas	Conditional	Exclusionary
Historic preservation, Indian reservations, and other cultural and scenic areas, as defned in locally adopted general plans.	Low-volume transfer and storage facilities may be allowed in these areas if necessary to handle hazardous wastes generated by visitors, workers, or residents in these areas. The city of Livermore currently has a household hazardous waste collection facility. No additional facilities of this nature are anticipated. Small- scale facilities for commercial/industrial generators	Other facilities should not be allowed in these areas.
	are more appropriately located away from parks and recreation areas and in a central location to serve all such generators. Small- scale facilities shall provide a minimum bufer zone of 500 feet between the nearest recreational, cultural or aesthetic area as designated by local ordinances and/or general plan and the facility site.
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S. Mineral Resources Areas	Conditional	Conditional
Defned as Sand and Gravel in Alameda County General Plan.	No facilities should be sited so as to preclude extraction of minerals necessary to sustain the economy of the state.
T. Military Lands	Exclusionary	Exclusionary


	It is the policy of the Department of Defense (DOD) that military land shall not be considered for siting of public hazardous waste management facilities. This policy is considered nonnegotiable by DOD.
U. Other State, Federal and Indian Lands	Conditional	Conditional
	The criteria listed above are suitable for use in determining the suitability of lands within these areas for siting of hazardous waste management facilities.

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Additional City of Livermore Criteria
	Small-Scale Transfer and Storage Facility	Industrial Transfer/Storage/Treatment Facility
Airport Zones	Exclusionary	Exclusionary
	No facility may be located within an FAA approach zone, air installation compatible use zone, or safety zone as described in the Alameda County Airport Land Use Policy Plan, generally defned as the area immediately surrounding a public or military airport, including the immediate approach and take-of paths.

(Ord. 1483 § 1, 1996; Ord. 442 § 21.62.070)

3-35-080 Special development requirements. ¶

Additional development requirements will be required to ensure public health, safety and welfare including, but not limited to, safety and security, contingency plans, monitoring, closure plans, and financial responsibility. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.080)

3-35-090 Local assessment committee (LAC). ¶

The city council shall appoint a seven-member local assessment committee (LAC) in accordance with Health and Safety Code Section 25199.7. The city council has discretion to appoint additional members as they deem appropriate. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.090)

3-35-100 Findings. ¶

In order for the city council to approve a major conditional use permit for a hazardous waste facility, the council shall find that:

A. The project is consistent with the city’s general plan and zoning code.

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 Alameda County Hazardous Waste Management Plan.

E. The project complies with the facility siting criteria per LPZC 3-35-070. (Ord. 1633 § 5, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.100)

3-35-110 Appeal. ¶

In addition to the appeals process set forth in Chapter 5-15 LPZC, an applicant or interested person may file an appeal of the decision made by the city council to the governor’s appeal board pursuant to Health and Safety Code Sections 25199.9 through 25199.14. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.110)

3-35-120 Time limits. ¶

A major conditional use permit granted for an off-site hazardous waste facility shall be exercised within two years from the effective date thereof. The city council may grant one extension up to one year. 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. (Ord. 1633 § 6, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.120)

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