Twentynine Palms Municipal Code Ch. 10.01 Hazardous Waste Facility Siting

The purpose of this Chapter is to establish uniform standards in order to control the location, design, and maintenance of hazardous waste facilities and to protect the health, quality of life, and the environment of the residents of the City.

(a) The City prioritizes hazardous waste management strategies as follows: source reduction (top priority), on-site recycling, off-site recycling, on-site treatment, off-site treatment, and disposal (last priority).

(b) The City will place public participation as a top priority throughout the process of siting hazardous waste facility projects.

(c) The City will cooperate fully with other local, State and Federal agencies to efficiently regulate the management of hazardous materials and hazardous waste.

(d) Transportation of hazardous waste will be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the City.

(e) The regulations governing the discharge of hazardous waste into sanitation systems will be strictly enforced.

(f) The City recognizes that household hazardous wastes are a problem, and will work with San Bernardino County to ensure that household hazardous wastes are properly managed and not deposited in County landfills. The City of Twentynine Palms General Plan, when such Plan is prepared, shall address types and quantities of household hazardous waste generated in the City, options and strategies for managing these wastes, and a program for educating the residents of the City as to identification and proper management of household hazardous waste.

(90-88 § A)

The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a) "Hazardous waste" is defined pursuant to Health & Safety Code Section 25117.

(b) "Hazardous waste facility" or "facility" is defined pursuant to Health & Safety Code Section 25117.1.

(c) "Hazardous waste facility project" is defined pursuant to Health & Safety Code Section 25199.1(b).

(d) "Land use decision" is defined pursuant to Health & Safety Code Section 25199.1(e).

(e) "Specified hazardous waste facility project" is defined pursuant to Health & Safety Code Section 25199.1(n).

(90-88 § B)

The following procedures shall apply to all applications for a land use decision regarding hazardous waste facility projects:

(a) Modification of Zoning Codes to Regulate Hazardous Waste facilities.

(1) All hazardous waste facility projects require a Special Use Permit pursuant to the requirements of this Chapter and Chapter 17.24. The local permitting process is intended to assure adequate protection of public health and the environment without imposing undue restrictions on projects.

(2) All hazardous waste facility projects must meet the criteria listed herein unless the City Counsel determines that one or more criteria should be relaxed to meet an overriding public need.

(3) Specified hazardous waste facility projects shall be sited only in industrial general zones. Hazardous waste facility projects other than specified hazardous waste facility projects shall be sited in the following zoning designations: treatment facilities in industrial or commercial zones only, storage facilities in nonresidential zones only, and disposal facilities in industrial zones only.

(b) Applications. All applications for land use decisions shall be filed with the Director of Community Development, accompanied by the appropriate fees. A copy of all applications shall also be filed with the Twentynine Palms Water District.

(c) Specified Hazardous Waste Facility Projects. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health & Safety Code Sections 25199 et seq., Public Resources Code Sections 21000—21177, and Government Code Sections 65920 et seq.

(1) The person, or entity, preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the Local Assessment Committee.

(2) All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the project proponent and the Director of Community Development.

(3) The Local Assessment Committee, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate.

(d) Hazardous Waste Facility Projects. All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the following procedures in addition to, and consistent with, Public Resources Sections 21000—21177 and Government Code (i) Sections 65920

(1) The Director of Community Development shall have thirty (30) working days to make a determination that an application is incomplete for filing purposes, and shall so notify applicant.

(2) Within ninety (90) days after the application is deemed complete, the Planning Commission shall hold a hearing on the application for a hazardous waste facility project.

(3) At the request of the applicant the Director of Community Development shall within ninety (90) calendar days after the application has been deemed complete, issue an initial written determination on whether the project is consistent with the General Plan, applicable zoning ordinances, and has met the environmental guidelines of the City for implementing the California Environmental Quality Act ("CEQA"). This determination will not prohibit the City from making a different determination when the final decision is made if such decision is based on information which was not considered when the initial determination was made.

(4) In addition to (2) above, a public hearing upon the application shall be set before the Planning Commission when:

(A) The Director of Community Development has determined that the application complies with all regulation requirements;

(B) All procedures required by the City with regard to the California Environmental Quality Act have been met; and

(C) All necessary State and Federal permits regulating the facility have been obtained.

(5) No later than one month prior to a public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand foot (2,000′) radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants, and businesses within a two thousand foot (2,000′) radius of the boundary or land owned by the project applicant.

(99-88 § C)

Every application for a hazardous waste facility project shall be made in writing to the Director of Community Development on the forms provided by the Community Development Department and accompanied by a filing fee. An application shall include, but is not limited to, the following information:

(a) Name and address of the applicant.

(b) Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application.

(c) A site development plan drawn in sufficient detail to clearly describe the following:

(1) Physical dimensions of the property and structures;

(2) Location of existing and proposed structures;

(3) Setbacks and landscaping;

(4) Methods of circulation and parking;

(5) Drainage patterns;

(6) Ingress and egress;

(7) Storage and processing areas;

(8) Utilization of property under the requested land use permit;

(9) 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 one-hundred year flood prone areas;

(11) Proximity of the project to any known earthquake fault zones;

(12) 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 comprehends as deep of a soils analysis as there are known 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) A vicinity map which indicates, at a minimum, proximity of the project to schools, parks and other community facilities within the City.

Sufficiency as to the depth and detail to which the facility applicant must address the above elements of the application shall be determined by the Director of Community Development.

(d) Identification of all waste water, treated and untreated, generated by the proposed facility and the method and place of final discharge.

(e) An analysis of visual, noise, and 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 (in tons), 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 Director of Community Development, the Planning Commission 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 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 appropriate permitting agencies such as, but not limited to, the Air Pollution Control District, Regional Water Quality Control Board and Department of Health Services.

(k) All applications shall contain a designation of at least two (2) reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act.

(l) All applications shall be accompanied by a Negative Declaration or a draft Environmental Impact Report pursuant to the California Environmental Quality Act prepared by a qualified environmental consulting firm.

(m) An emergency response plan that indicates at a minimum:

(1) 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;

(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; and

(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 Director of Community Development, as prescribed in Section 10.01.070(d).

(90-88 § D)

All specified hazardous waste facility projects in the City must comply with the following provisions:

(a) Proximity to Populations. For a residual repository, as that term is defined in the Health & Safety Code, the distance from the active portion of the facility to one or more residences must be a minimum of two thousand feet (2,000′).

Treatment and storage facilities, as those terms are defined in the Health & Safety Code, should comply with zoning setback requirements for business park facilities, unless a greater distance is justified pursuant to a risk assessment.

(b) Proximity to Immobile Populations. For all types of facilities, a risk assessment must be performed which details the maximum credible accident from the facility operations and its impact on all immobile populations in the City. The extent of the study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must 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.

(c) Capability of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, 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 type of wastes handled or the location of the facility.

(d) Flood Hazard Areas. Residual repositories are prohibited in areas subject to inundation by floods with a one-hundred 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.

(e) Proximity to Active or Potentially Active Faults. All facilities are required to have a two hundred foot (200′) setback from a known active earthquake fault.

(f) Slope Stability. Residuals repositories are prohibited in areas of potential rapid geologic change.

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(g) Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change.

All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

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

(i) Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a future sewer or for the feasibility of discharge directly into a septic system or private treatment facility.

(j) Proximity to Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field ninety (90) days. Location is preferred where the saturated zone predominantly discharges to non-potable 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 ninety (90) days unless an effective hydrogeologic barrier to vertical flow exists.

(k) Depth of Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet (5′) 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, or uplift as certified by a California Registered Civil Engineering Geologist.

(l) Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the RWQCB permit requirements for groundwater monitoring.

Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(m) Major Aquifer Recharge Area. Residuals 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 (½) mile away from potential drinking water sources.

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 and inspection measures.

(n) 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. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.

All other facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed.

(o) Existing Groundwater Quality. Residuals repositories 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.

(p) Non-Attainment Areas. All facilities with air emissions locating in non-attainment areas and emitting air contaminants in excess of established limits will require pre-construction review under new source review requirements, and the obtaining of a permit to construct and a permit to operate from the Air Pollution Control District.

(q) Prevention of Significant Deterioration (PSD) Area. All facilities with air emissions locating in the region which are classified under the PSD regulations as major stationary sources will be required to submit to pre-construction review and apply best available control technology.

(r) Wetlands. All types of facilities are prohibited from locating in wetlands.

(s) Proximity to Habitats of Threatened and Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.

(t) Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as determined by the Director of Community Development, Planning Commission and City Council.

(u) Areas of Potential Mineral Deposits. Residuals repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.

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

(v) 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 of the City. 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.

(w) Distance From Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.

(x) Structures Fronting Minor Routes. 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 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 should not exceed that for existing facilities and sites with lower factors are preferred.

(y) Capacity vs. Average Daily Traffic of Access Roads. 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.

(z) Consistency with the General Plan. The proposed facility 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.

(aa) Changes in Real Property Values. The project proponent shall fund an independent study of the effect of the facility on real property values within the City. Both the project proponent and the Community Development Agency shall agree beforehand upon the scope of the study and who will conduct it.

(bb) Direct Revenue to Local Jurisdictions. The City will explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options.

(cc) Changes in Employment. The project proponent shall fund an independent study of anticipated changes in employment if the facility is sited. The developer and the City shall agree beforehand on the scope of the study and who will conduct it.

(90-88 § E)

(a) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.

(b) The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility.

(c) Perimeter fencing shall be constructed.

(d) Signs with the legend "DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five feet (25′).

(90-88 § F)

(a) 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.

(b) The owner or operator of a facility shall report quarterly to the Department of Community Development the amount, type, and disposition of all wastes processed by the facility. Included in the report will 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.

(c) 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 Director of Community Development.

(d) 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 Director of Community Development.

(90-88 § G)

(a) The City may impose, as necessary, conditions and standards other than those presented in Sections 10.01.010—10.01.070 above in order to achieve the purposes of this Chapter and to protect the health, safety, or general welfare of the community.

(b) 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 the City unless satisfactory compensation is made to the City or a joint powers agreement provides otherwise.

(c) 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 must be approved by the City before such modifications occur at the facility.

(d) Every hazardous waste facility project must have a contingency operation plan approved by the State Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the San Bernardino County Department of Environmental Health.

(e) The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Department of Community Development a written closure plan approved by the State Department of Health Services. All revisions to such closure plans shall also be submitted to the Department of Community Development.

(f) 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 of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency.

(g) 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, or liabilities relating to the land use decision or arising out of its implementation at the site.

(h) No hazardous waste facility project will be approved if it is significantly undercuts incentives for waste minimization by hazardous waste generators.

(i) Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Director of Community Development. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

(j) Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director of Community Development.

(k) The facility owner/operator shall be responsible for all costs of responding to a release of hazardous wastes.

(l) Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in Section 25115 of the Health & Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least forty-eight (48) hours prior to such storage, treatment, disposal or transportation.

(m) All costs of compliance with this Chapter shall be borne by the facility owner/operator.

(n) The City may employ any and all methods permitted by law to enforce this Chapter.

(o) All facilities must be consistent with the San Bernardino County Hazardous Waste Management Plan to the extent that the provisions of such Plan do not conflict with those of this Chapter. In the event of such conflict, the provisions of this Chapter shall govern.

(90-88 § H)

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:

(a) The Project will be consistent with the General Plan.

(b) The Project will not be detrimental to the health, safety, or general welfare of the community.

(c) The Project Site is or will be served by roads and other public or private service facilities.

(d) The Project has met or exceeded each requirement of this Chapter.

(e) The Project is consistent with the provisions of the San Bernardino County Hazardous Waste Management Plan to the extent such provisions do not conflict with the provisions of this Chapter.

(f) The environmental impacts identified in the Environmental Impact Report or proposed Negative Declaration have been adequately mitigated.

(90-88 §I)

The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion.

(90-88 §J)