301.08: HAZARDOUS WASTE MANAGEMENT FACILITIES:

All hazardous waste management facilities, except household hazardous waste collection centers authorized by the City and the Tulare County Health Department, shall be located, developed, and operated in compliance with the following:

• A. Application Content. Applications for hazardous waste management facilities shall include the following:

1. Site Plan. A detailed site plan depicting all buildings, land uses, storage areas, parking areas, and driveways internal and surrounding traffic circulation. Occupancy type and rating for each building or structure shall be identified.

2. Best Management Practices. Demonstrate and certify that they are minimizing the generation of hazardous waste through the use of the best available technology within their manufacturing, and/or product development processes. Applicants shall also demonstrate and certify that facilities will be using the best available control technology in minimizing air emissions and processing hazardous waste. Such demonstration and certification shall be provided prior to the issuance of any building permit or other land use entitlement.

3. Waste Characteristics and Capacity. Identify the amounts (in tons) and types of hazardous waste to be treated and stored; the duration of stored waste on the facility site and the ultimate destination of the waste. The owner-operator shall make this information available on a quarterly basis to the City of Porterville on an on-going basis. If the application is for a transfer station the applicant shall identify the capacity of the facility to store each type of waste stream, service area(s) of the facility and ultimate disposition of the waste.

4. Air Quality Analysis. An analysis of all anticipated air quality impacts and proposed mitigation measures. The hazardous waste facility shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District.

5. Risk Assessment. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, (including transportation related) or accidents from the point of origin to the facility, and any other risk assessment requested by either the City Manager, Zoning Administrator, or the City Council. 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 and from the facility.

6. Alternatives Analysis. All applications shall contain an analysis of alternative regional sites which shall be reviewed pursuant to the California Environmental Quality Act.

7. Emergency Response Plan. An Emergency Response Plan that indicates at a minimum:

a. 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 Procedure.

• b. Detailed procedures to be employed at the time of emergency for each type of chemical substances utilized including contingency procedures.

• c. Anticipated impacts on local fire, police, and medical services.

• d. 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.

8. Geotechnical Report. A geotechnical report providing complete analysis of on-site soil conditions, fault hazards, underground water supplies, and recommendations.

9. Flooding Information. An analysis of the potential of flooding on the site. Note residual repositories are prohibited in areas of special flood hazards as depicted by FEMA Flood Hazard Maps.

10. Traffic Analysis. Applicants shall submit a traffic analysis which addresses, at a minimum, vehicle-truck trips, effects on nearby intersections, and any special characteristics of the project site. Applicants shall also identify the most likely transportation routes within the City and the County.

11. Closure Plan. The Owner/Operator of a hazardous waste facility shall, prior to any local land use decision, submit to the Fire Department a written Closure Plan approved by the California Department of Health Services. All revisions to such Closure Plans shall also be submitted to the Fire Department.

12. Safety. The Owner/Operator shall demonstrate that the separation between the hazardous waste facility and residential areas is adequate to protect the health, safety, welfare, and property values of residents.

• B. Monitoring. At minimum, hazardous waste facilities are subject to the following monitoring requirements:

1. 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.

2. The Owner/Operator of a facility shall report quarterly to the Fire Chief 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 include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.

3. The Owner/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 Fire Chief and City Engineer.

4. The Owner/Operator of all facilities shall prepare and submit an Annual Emergency Response Preparedness Report to the Fire Department and all other local emergency response agencies. Such report shall be signed by all management personnel at the facility and each person at the facility who has emergency response responsibilities.

5. The Owner/Operator of all facilities shall submit an annual Air, Soil, and Groundwater Monitoring Report to the City Engineer.

C. 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 a Conditional Use Permit shall be approved by the Fire Chief and City Engineer before such modifications occur at the facility.

D. Contingency Plan. Every hazardous waste facility shall have a contingency operation plan approved by the California Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the Police Department, Fire Department, Engineering Division, and the County Department of Environmental Health.

E. Financial Assurance. Prior to issuance of an “Occupancy Permit” to begin the use of a hazardous waste facility, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the California Department of Health Services and any other federal or state agency.

F. Indemnification. The applicant agrees to indemnify, defend, and render harmless the City, and its City Council and all officers, employees and agents of the City against and from all claims, actions and liabilities relating to the land use decision or arising out of the operation of the facility.

G. Enforcement. All costs of compliance with this Ordinance shall be borne by the Owner/Operator. The City may employ any and all methods permitted by law to enforce this Ordinance.

• H. Maintenance. The Owner/Operator shall keep all equipment and buildings in good repair and shall employ

technological advances as may be required by the California Department of Health Services, San Joaquin Valley Air Pollution Control District, or U.S. Environmental Protection Agency.

• I. Findings. The following findings shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:

1. The project is consistent with the General Plan.

2. The project will not be detrimental to the health, safety, or general welfare of the community.

3. The project will not significantly reduce incentives for waste minimization by hazardous waste generators.

4. There are adequate City services available to service the project.

5. The project has met or exceeded each requirement of this Ordinance.

6. All environmental impacts identified in an Environmental Impact Report or Negative Declaration as part of the permit process in compliance with the California Environmental Quality Act have been adequately mitigated. (Ord. 1866, 11-192019)