Montclair Municipal Code Ch. 11.54 Hazardous Waste Facilities—siting Criteria

It is the purpose and intent of this chapter to set forth a reasonable yet effective siting criteria for evaluating proposals for specified hazardous waste facilities and serve to focus the evaluation of facility proposals on critical issues.

Siting criteria represent a uniform set of standards to be applied to all applications, yet they are designed with some flexibility depending on the type of facility and the proposed site location. Siting criteria are to be used for evaluating a project at a particular site. When used along with General Plan policies, the siting criteria determine the suitability of a site for a specified hazardous waste facility proposal. The use of the siting criteria and General Plan policies are part of the full application review and environmental analysis required of all applications for specified hazardous waste facilities under State law.

In order to adequately safeguard the public health, safety and general welfare, all specified hazardous waste facilities, including land disposal facilities, may only be sited within areas specifically designated for such use, subject to all requirements and provisions of this Code, the adopted County and City General Plans, inclusive of their hazardous waste management plans.

(Prior code § 9-6.701)

Specified hazardous waste facilities, including land disposal facilities, may only be permitted in the appropriate General Manufacturing (M-2) Zone District within the City, subject to issuance of a conditional use permit pursuant to guidelines set forth in the County and the City Hazardous Waste Management Plans and the provisions of Chapter 11.78, the provisions of this chapter, and other applicable sections of this Code. In addition, the approval of a hazardous waste facility permit by the State Department of Health Services is required for all such facilities to ensure that operating conditions imposed are fully met.

(Prior code § 9-6.703)

The Director of Community Development shall not accept applications for land use decisions for any specific hazardous waste facilities unless they are accompanied by the fee in an amount equal to the fee established by resolution of the City Council for an Environmental Impact Report.

(Ord. 99-791 Exh. A (part); prior code § 9-6.704)

The City's review procedures for a specified hazardous waste facility are similar to the consideration given other conditionally permitted industrial facilities, with the addition of the requirements identified in the Tanner Act, AB 2948 (Chapter 1504, Statutes of 1986), et al.

The Tanner Act identifies a formal administrative process for the local review of facility applications. The process provides for notification regarding a pending application, procedures for initial review, participation by the interested public, and a procedure for State review of the local decision-making process, if the resulting decision is appealed. The following is an outline of the procedures added to the local application review process by the Tanner Act.

SUMMARY OF PERMIT PROCEDURES

ADDED BY THE TANNER ACT, AB 2948

* Delegates specified duties and responsibilities to the office of Permit Assistance (OPA), local jurisdictions, and permitting agencies.

* Requires the project applicant to file a Notice of Intent with OPA and the local land use jurisdiction before filing for a land use permit.

* Requires a seven-member Local Assessment Committee to assist in negotiating the terms and conditions of project approval with the project applicant and to make advisory recommendations to the Planning Commission and City Council.

* Requires the OPA to convene a meeting to inform the public on the proposed project and the application review procedures that will be followed.

* Authorizes an applicant-paid fee for hiring an independent consultant to the Local Assessment Committee for review of the project.

* Requires a meeting up-front among lead and responsible agencies, project applicant, the Local Assessment Committee, and the interested public to discuss issues of public concern and explain the application review process.

* Provides for a written determination of a project's consistency with applicable general plans, development codes, and the City Hazardous Waste Management Plan (CHWMP).

* Sets time frames for review and action by permitting agencies.

* Authorizes the establishment of a State Appeals Board and specifies the Board's composition, responsibilities, and appeal procedures.

(Ord. 99-791 Exh. A (part); prior code § 9-6.705)

Every application for a Hazardous Waste Facility Project shall be made in writing to the Planning Commission on forms provided by the Community Development Department, and accompanied by a filing fee as set by resolution of the City Council. An application must meet all the requirements set forth in Chapters 11.06, 11.78 and 11.80 of this Code. An application shall also include the following information:

A. Name and address of the applicant;

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

C. A plot and development plan drawn in sufficient detail determined by the Community Development Director and the Public Works Director/City Engineer to clearly describe the following:

1. Physical dimensions of the property and structures,

2. Location of existing and proposed structures,

3. Proposed setbacks and landscaping,

4. Proposed methods of circulation and parking,

5. Existing and proposed drainage patterns,

6. Proposed ingress and egress,

7. Proposed storage and processing areas,

8. Utilization of property under the requested land use permit,

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

10. Proximity of the project to the 100-year floodplain areas,

11. Proximity of the project to any known earthquake fault zones,

12. The relationship of the proposed project to all above ground water supplies and all known underground aquifers that might be threatened with contamination,

13. Topographic description of the property and surrounding area,

14. A preliminary geological study of the property and surrounding area which contains information regarding depth of soils analysis, an analysis of any known aquifer, and the potential location of aquifers, regardless of the potability of those aquifers,

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

16. Vicinity map which indicates, at a minimum, proximity of the project to schools, parks, and other community facilities within the City;

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

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

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

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

H. Identification of the amounts, 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 and, thereby, be representative of the wastes that will be processed at the facility;

I. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation-related accidents from the point of origin to the facility, and any other probabilities requested by either the Community Development Director, the Public Works Director/City Engineer, or the Planning Commission. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility;

J. A plan that identifies an ongoing monitoring program of air, soil and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board and Department of Health Services;

K. All applications shall contain a designation of at least two reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act;

L. All applications shall be accompanied by an Environmental Assessment checklist in sufficient detail to enable the City to complete an initial study pursuant to the California Environmental Quality Act for the preparation by a qualified environmental consulting firm of an Environmental Impact Report or Negative Declaration;

M. An emergency response plan that includes, but which is not limited to, the following:

1. That the proposed plan is consistent with any and all applicable County and regional emergency plans and all City, County, State and federal regulatory requirements regarding emergency response procedure,

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, if known, and a detailed description of uncontrolled release and emergency situation reporting procedures.

An application shall not be declared complete until such emergency response plan is approved by the Directors of Community Development and Public Works and the City Engineer.

(Ord. 99-791 Exh. A (part); prior code § 9-6.706)

All specified hazardous waste facility projects submitted for review shall be consistent with all General Plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete. In addition, all such projects shall comply with the hazardous waste siting policies, standards, and location criteria in the Safety Element of the Montclair General Plan.

(Prior code § 9-6.707)

A. Zoning District. All specified hazardous waste facilities shall be located within the General Manufacturing (M-2) Zone District, subject to conditional use permit approval in accordance with Section 11.34.020(G)(4) and Chapter 11.78 of this title.

B. Proximity to Populations. For a residual repository or other land disposal facility, a buffer of a minimum of 2000 feet shall be required between any portion of the facility in which hazardous waste will be stored, handled, transported or otherwise located and any residential properties or other sensitive sites, such as hospitals, schools or places of public assembly.

Treatment recycling, storage, and transfer facilities, as those terms are defined in the Health and Safety Code, shall comply with the underlying M-2 zoning setback requirements for industrial facilities, unless a greater distance is justified pursuant to a risk assessment.

The risk assessment for each specified hazardous waste facility shall consider the physical and chemical characteristics of the specific type of wastes that will be handled, the design of the facility, and any need for buffering residential areas or other sensitive sites (such as hospitals, schools or places of public assembly) from potential accidents or adverse emissions from a proposed facility. The study shall also provide an estimate of the distance over which the affects of a spill or emergency situation would carry, a variety of options for reducing the risks, and procedures for dealing with such spills or emergency situations, including incidents involving transportation of hazardous materials and/or waste to and from the facility.

C. Proximity to Immobile Populations. Immobile populations include, but are not limited to, schools, hospitals, convalescent homes, prison facilities, and facilities for persons with disabilities. For all types of facilities, a risk assessment must be performed which details the maximum potential credible accident from facility operations and its impact on all immobile populations in the City. An adequate buffer between the hazardous waste facility and immobile populations shall be established by a risk assessment at the time of review. The risk assessment shall consider the physical and chemical characteristics of the specific types of wastes which will be handled, the design features of the facility, the transportation routes which will potentially serve the facility, and the proximity of both the facility and the transport of hazardous waste and materials to immobile populations.

D. Proximity to Public Facilities. Specified hazardous waste facilities shall be sited in such a manner so as to not adversely impact the public health and safety of large numbers of people in public areas or public facilities. An adequate buffer shall be determined by a risk assessment at the time of permit review.

All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous materials accident response services at the facility may be required based on the types of waste handled or the location of the facility.

Specified hazardous waste facilities shall be located in areas where emergency response capabilities and public water and sewer services are available.

E. Flood Hazard Areas. Residual repositories and other land disposal facilities are prohibited in areas subject to inundation by floods with a 100-year return frequency, and shall not be located in areas subject to flash floods and debris flows.

All other facilities shall avoid locating in flood-plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent migration of hazardous wastes in the event of inundation.

F. Proximity to Active or Potentially Active Faults. All facilities are required to have a 200-foot setback from a known active or potentially active earthquake fault.

G. Slope Stability/Subsidence/Liquefaction. Residuals repositories and other land disposal facilities are prohibited from locating in areas of potential rapid geological change, subsidence, or potential liquefaction.

All other facilities shall avoid locating in areas of potential rapid geologic subsidence or liquefaction change unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes, subject to the determination of the City Engineer.

H. Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area.

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

J. Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge.

K. Proximity to Supply Wells and Well Fields. A residuals repository and other land disposal facilities shall be located beyond the cone of depression created by pumping a well or well field for 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply.

All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for 90 days unless an effective hydrogeologic barrier to vertical flow exists. This determination shall be made by a qualified hydrologist.

L. Depth to Groundwater. Residuals repositories, other land disposal facilities and any facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is 25 feet or less from the lowest subsurface point of the facility.

At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, uplift, or other geologic hazard or soil failure, as certified by a California Registered Geotechnical Engineer.

M. Groundwater Monitoring. Residuals repositories land disposal facilities, and facilities with subsurface storage and/or treatment, must develop a program that successfully satisfies the RWQCB (Regional Water Quality Control Board) permit requirements for groundwater monitoring.

N. Existing Groundwater Quality. Residuals repositories and other land disposal facilities are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.

All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 shall provide increased spill containment and inspection measures, as determined by a qualified hydrologist, the City Engineer, and the General Manager of the Monte Vista Water District.

O. Major Aquifer Recharge Area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.

Facilities with subsurface storage or treatment must be located at least one-half mile away from potential drinking water sources and well sites.

All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment, inspection, and other measures.

P. Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board (pursuant to Title 23, Subchapter 15, Section 2531(b)(1) of the California Code of Regulations).

All other aboveground facilities shall have engineered structural design features common to other types of industrial facilities, including spill containment, monitoring devices, and inspection measures.

Q. Air Emissions: Non-Attainment Areas. All facilities with air emissions located in non-attainment areas and emitting air contaminants in excess of established limits will require review and permits from the South Coast Air Quality Management District Agency. A risk assessment must show that this contribution is not significant when compared to the emissions from transportation of hazardous waste out of this area.

R. Air Emissions: Prevention of Significant Deterioration (PSD) Areas. All facilities with air emissions located in the region which are classified under the PSD regulations are required to meet the plans and regulations of the air quality agency of each district. These facilities, however, may not be located near or within national parks, wilderness and memorial areas, and other similarly dedicated areas, as specified in the Clean Air Act.

S. Recreation, Cultural, or Aesthetic Resource Areas. All facilities shall be prohibited in close proximity to or within areas of recreation, cultural, or aesthetic value as determined by the Community Development Director, City Engineer, Planning Commission and/or City Council.

T. Areas of Potential Mineral Deposits. Residual repositories and other land disposal facilities shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports, and those mineral resources indicated in the Conservation Element of the City of Montclair General Plan.

All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

U. Proximity to Areas of Waste Generation. Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to the hazardous waste generators. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.

V. Transportation Safety. Transportation serving a specified hazardous waste facility shall be confined to designated truck routes, as shown on the City of Montclair Development Plan for Circulation and Transportation. Distance traveled on minor roads shall be minimal. The City may require the facility proponents to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility and the safe transportation of hazardous waste.

Facilities shall be located such that any minor routes to and from State or interstate divided 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.

The proposed routes shall be demonstrated to be safe with regard to road design and construction, accident rates, excessive traffic, etc., and have good access to and from major transportation routes. The transportation of hazardous waste and materials shall be limited to nonpeak traffic hours only.

The facility proponent shall evaluate the population at risk based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor shall not exceed that for similar existing facilities and sites with lower factors.

W. Impact on Level of Service. Any impact on the traffic level of service on the routes serving the facility shall be mitigated, pursuant to the findings of a traffic impact study. The changes in the ratio of route capacity to average annual daily traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility.

X. Protect Environmentally Sensitive Areas. Specified hazardous waste facilities shall be prohibited from impairing the viability of critical habitats of threatened, rare or endangered species, wetlands or prime agricultural lands as defined in general, regional, State and federal plans. A protective buffer zone shall be established based on an environmental impact study and risk assessment conducted at the time of permit review. When siting of hazardous waste management facilities is proposed in or near such areas, overriding public services needs must be demonstrated.

(Ord. 99-791 Exh. A (part); prior code § 9-6.708)

A. General Conditions. The City may impose, as necessary, conditions and standards other than those presented here in order to achieve the purposes of this chapter and to protect the health, safety and general welfare of the community.

B. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use are subject to review and approval by the City before such modifications occur at the facility.

C. Waste Minimizations. No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.

D. Affective Responsibility. Prior to issuance of an occupancy permit to begin the use identified in the land use decision, the applicant shall show proof that it has met all the financial responsibility requirements imposed by the Department of Health Services and any other federal, state and local agency.

E. Closure Plan. The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Department a written closure plan approved by the Department of Health Services. All revisions to such closure plans shall also be submitted to the Planning Department.

F. Reports. The owner or operator of a facility shall report annually to the Community Development Director the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and a map showing the exact location of quantities and types of materials placed in repositories or otherwise. The frequency of these reports may be increased or decreased to reflect the nature of the facility and those materials handled.

G. Extremely Hazardous Waste. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code by the facility owner/operator shall be reported to the Community Development Director at least 48 hours prior to such storage, treatment, disposal or transportation.

H. Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency plan approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the Chief of Police, Fire Chief, each hospital within 10 miles, and the County Department of Environmental Health.

I. Emergency Response Plan. The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Community Development Director.

J. Emergency Response Procedures. The owners or operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Community Development Director. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

K. Environmental Monitoring Report. The owners or operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Community Development Director.

L. Safety and Security. The owners or operators of all facilities shall prevent the unknowing entry and minimize the possibility for unauthorized entry of persons, livestock, or wild animals onto any portion of the facility by means of a 24-hour surveillance system, perimeter fencing and appropriate signage.

M. Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, State or federal agencies to the Community Development Director.

N. Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City and not currently being managed by a facility located in Montclair unless satisfactory compensation is made to the City of a joint power or if governmental agreement provides otherwise. Special findings justifying such excess volume or oversaturation shall be made as part of the conditional use permit requirements for mandatory findings.

O. Compliance Costs. All costs of compliance with this chapter shall be borne by the facility owner or operator.

P. Release Response Costs. The facility owner or operator shall be responsible for all costs incurred by the City and its officers, agents, employees or contractors for responding to a release or threatened release of hazardous wastes at or in route to or from the facility.

Q. Indemnification. The applicant agrees to protect, defend, indemnify, and hold harmless the City and its City Council, City Attorney, 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 site.

R. Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

S. Enforcement. The City may employ any and all methods permitted by law to enforce this chapter.

(Ord. 99-791 Exh. A (part); prior code § 9-6.709)