San Fernando Municipal Code Div. 9 Hazardous Waste Management Facilities

The purpose of this division is to provide comprehensive criteria, regulations, and standards for the siting and maintenance of hazardous waste management facilities within the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Those hazardous waste management facilities permitted with a conditional use permit shall comply with the applicable criteria and standards listed in this section and/or criteria and standards listed in the CoHWMP. Whenever there is conflict between the criteria and standards listed in this section and the CoHWMP, the most restrictive shall apply. The criteria and standard for hazardous waste management facilities are as follows:

(1) Off-site hazardous waste management facilities.

a. Off-site hazardous waste management facilities shall not be within 1,000 feet of any residentially zoned property.

b. Off-site hazardous waste management facilities shall not be located within 1,000 feet of any area designated by the state geologist as a special studies zone.

c. Off-site hazardous waste management facilities shall not be located within 1,000 feet of any existing hospital for humans, school, day care center, convalescent home or group care quarters, or any permanently occupied human habitation, other than those used for industrial/purposes.

d. Off-site hazardous waste management facilities shall be located so as to avoid transportation routes through residential areas and high density traffic areas.

e. An environmental impact report, traffic study, transportation plan, emergency contingency plan, area excavation plan, environmental site assessment and geotechnical report shall accompany all applications for new hazardous waste facilities. In addition, risk assessments, hazard footprints, acoustical studies or other technical reports may be required if deemed by the community development director necessary for review of the application.

f. Setbacks, height, and landscaping requirements shall be those provided for in the zoning district in which the facility is located.

g. Space shall be provided for the anticipated peak load of delivery trucks, employees and customers, to circulate, park, queue and load or unload materials. Such facilities shall be adequate in size and configuration to ensure public safety and compatibility with surrounding operations and properties.

h. No dust, fumes, smoke, vibration or odor above ambient level as a result of the operations of the facility may be detected on neighboring properties. Measurements of ambient conditions shall be made part of the environmental impact report.

i. All facilities shall be fully paved and provided with secondary containment and storage facilities. Loading areas shall be equipped with fire suppression and vapor recovery system.

j. An environmental site assessment prepared and certified by a state-certified soils or environmental engineer shall accompany all applications for new off-site hazardous waste management facilities. If the environmental assessment reveals that hazardous substances, hazardous waste or hazardous materials have been released in, on, under, within or about the property, the material and any and all contamination resulting therefrom shall be fully assessed and remediated in accordance with all applicable federal, state, regional and local authorities.

(2) On-site hazardous waste management facility. On-site hazardous waste management facilities shall be subject to the criteria and standards set forth in subsections (1)f through (1)j of this section.

(3) Transfer facility/station.

a. A transfer facility/station shall not be located within 1,000 feet of any residentially zoned property.

b. A transfer facility/station shall not be located within 1,000 feet of any area designated by the state geologist as a special studies zone.

c. A transfer facility/station shall not be located within 1,000 feet of any existing hospital, public school, convalescent care or group quarters facility.

d. A transfer facility/station shall be subject to the criteria and standards set forth in subsections (1)f through (1)j of this section.

(4) Treatment facility. Treatment facilities shall be subject to the criteria and standards set forth in subsection (a) of this section.

(5) Transportable treatment units. Transportable treatment units shall be considered temporary uses subject to the provisions and time limitations given as part of the conditional use permit process pursuant to division 4 of article V of this chapter.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All applicants for facilities under this division shall be subject to the approval of a conditional use permit as provided for in division 4 of article V of this chapter. If the conditional use permit is approved, the applicant shall be required to sign a statement indicating that the facility is in compliance with the conditions of this chapter and the Los Angeles County Hazardous Waste Management Plan. This affidavit shall be submitted on a yearly basis for as long as the conditional use permit remains effective.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Legally existing hazardous waste management facilities shall be considered existing nonconforming land uses.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All owners and/or operators of a hazardous waste management facility shall pay any and all reasonable costs and fees incurred or to be incurred by the city for the following:

(1) Any and all environmental monitoring of the hazardous waste management facility;

(2) Any and all costs incurred in providing emergency response services; and

(3) Costs incurred as a result of an area evacuation if there is any release or threatened release of any hazardous material, hazardous substance or hazardous waste.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All owners and/or operators of a hazardous waste management facility shall pay a license tax to the city in an amount equal to ten percent of the annual gross receipts of each facility.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) All owners and/or operators of a hazardous waste management facility shall adopt a monitoring plan which has been approved by the city community development director for the purpose of monitoring any release or threatened release of any hazardous material, hazardous substance or hazardous waste in, on, under, beneath or from the property of the facility, and for the purpose of measuring the ambient air of property in and around the facility.

(b) All owners and/or operators of hazardous waste management facilities shall submit annual reports by December 31 of each year, whereby such reports shall include the following:

(1) Results from the tests conducted pursuant to the monitoring plan.

(2) Information on the occurrence of any release or threatened release occurring at the facility within the preceding 12-month period, including information on any removal, remediation or mitigation measures implemented as a result of such.

(3) The total type, quantity and origin of any hazardous material, hazardous substance or hazardous waste disposed of, stored or treated at the facility within the preceding 12 months.

(c) In order to carry out and ensure compliance with the obligations of this division, any authorized city representative may, at any reasonable hour of the day, enter and inspect a hazardous waste management facility, whereby such inspection may include, but is not limited to, the following:

(1) A physical on-site inspection of the premises including a survey to determine the topography and geology of the property.

(2) Conduct any and all sampling activities necessary to carry out this division, including sampling of the soil, vegetation, air, water and biota on or beneath the premises, or from any vehicle on the premises or storage area within the premises, provided such samples are made available to the person from whom or from whose property or vehicle the samples are obtained.

(3) Set up and maintain monitoring equipment for the purpose of assessing or measuring the actual or potential migration of any hazardous material, hazardous substance or hazardous waste or the release or any threatened release on, beneath toward or from the property of the facility.

(4) Stop and inspect any vehicle reasonably suspected of transporting any hazardous material, hazardous substance or hazardous waste, when accompanied by a uniformed peace officer in a clearly marked vehicle.

(5) Inspect and copy any and all records, reports, test results, or other information regarding the operations on the facility, which concern or in any way relate to a release or threatened release of any hazardous material, hazardous substance or hazardous waste.

(6) Photograph any condition or operation on the property, including any hazardous material, hazardous substance or hazardous waste container, label, vehicle, or disposal area, and including any condition or operation constituting a violation of any law. Whenever photographs have been taken, the owner or operator of the facility shall be notified prior to public disclosure of the photograph and, upon request of that person, shall be provided a copy of any photograph for the purpose of determining whether trade secrets or information for facility securing will be revealed by the photograph. Public disclosure as used in this subsection does not include review of photographs by a court of competent jurisdiction or by any administrative law judge.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)