Chapter 82.16 — HAZARDOUS WASTE (HW) OVERLAY

The Hazardous Waste (HW) Overlay established by §§ 82.01.020 (Land Use Plan and Land Use Zoning Districts) and 82.01.030 (Overlays) is created to:

(a) Ensure that hazardous waste facilities are sited in areas that protect public health, safety, welfare, and the environment;

• (b) Buffer hazardous waste facilities so that incompatible uses cannot be permitted in the future;

• (c) Identify permitted uses within the overlay; and

• (d) Outline applicable permit review procedures.

• (Ord. 4011, passed - -2007)

(a) The Hazardous Waste Overlay shall be applied to areas where a Hazardous Waste Facility is being approved. This will require the concurrent filing of a General Plan Amendment and a Conditional Use Permit.

(b) The Hazardous Waste Overlay may most appropriately be located in the following land use zoning districts:

(1) Resource Conservation (RC) for Land Disposal and Incineration Facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.

(2) Regional Industrial (IR) for Treatment, Incineration, Recycling, Storage and Transfer Facilities. Incineration facilities shall not, however, be located in areas where emissions from the facility could directly impact food crops or livestock.

(c) Siting Criteria for Hazardous Waste Facilities: Refer to policies in the Safety Element of the General Plan or to Table 5-2 of Chapter 5 of the San Bernardino County Hazardous Waste Management Plan.

(d) A Risk Assessment evaluating a proposal for a Hazardous Waste Facility shall determine the appropriate location for the overlay for the facility.

(Ord. 4011, passed - -2007)

(a) Review Procedures Include State and County Processes. The types of applications required for local evaluation of a specified hazardous waste facility proposal include both discretionary and ministerial permits. The required permits or processes include:

• (1) A General Plan Amendment to apply the HW Overlay to the proposed site and respective buffer.

• (2) A Conditional Use Permit in compliance with Chapter 85.06 (Conditional Use Permit and Minor Use Permit).

• (3) A Special Use Permit issued by the San Bernardino County Fire Department, which shall be required as a condition of approval of the Conditional Use Permit.

• (4) Ministerial Permits from the Building and Safety Division for building, grading, flood control, etc..

For a complete discussion of the local application review process, refer to § 5.3.3 and Table 5-4 of Chapter 5 of the San Bernardino County Hazardous Waste Management Plan.

• (b) Compatible land uses. The following list of use classifications may be compatible with a hazardous waste facility depending on the risk assessment and are allowed within a HW Overlay.

• (1) Contract/Construction Services.

• (2) Manufacturing Operations I & II.

• (3) Open Lot Services I & II.

• (4) Repair Services I, II & III.

• (5) Salvage Services I and II.

• (6) Transportation Services I & II.

• (7) Wholesale/Warehouse Services I & II.

• (c) Prohibited Land Uses. The following uses are specifically prohibited from the HW Overlay:

• (1) Agricultural uses of any type.

• (2) Residential uses of any type.

• (3) Facilities with a high concentration of people/immobile population, including schools, hospitals, auditoriums, amphitheaters, jails, etc.

• (Ord. 4011, passed - -2007)