The purpose of this chapter is to establish uniform standards,
land use regulations and a permit process for controlling the location,
design, maintenance and safety of off-site hazardous waste facilities.
The municipal code is being amended to implement general policies
regarding hazardous waste management facilities pursuant to State
Assembly Bill No. 1201—Tanner, 1989 Assembly Bill 2948—Tanner,
1986 and Assembly Bill 477—Greene, 1987 (Chapter 6.5 of the
California Health and Safety Code) and Program A-3 in the Orange County
Hazardous Waste Management Plan.
(Ord. 92-O-115 § 1)
For the purpose of this chapter, certain terms used in this
chapter are defined as follows in this section:
means any person applying to the city for a use permit or
a land use decision concerning a specified hazardous waste facility,
as defined under the term "proponent" of State Health and Safety Code
Section 25199.1(i).
means the state of California General Fund.
means a board formed to review the appeal by an "applicant,"
as defined herein, of a specified hazardous waste facility land use
decision disapproved by the city or of one or more conditions of approval
placed on an approved specified hazardous waste facility or an appeal
by an "interested person," as defined herein, based solely on the
grounds that the conditions imposed do not adequately protect the
public health, safety or welfare. The Governor's appeal board's membership,
purpose and procedures are defined by State Health and Safety Code
Section 25199.9-14.
means a waste, or combination of wastes, which because of
its quantity, concentration, toxicity, corrosiveness, mutagenicity
or flammability, or physical, chemical, or infectious characteristics
may (A) cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible
illness; or (B) pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed.
means a technical and environmental evaluation of a proposed
facility, site, and surrounding area prior to approval of a use permit.
The assessment will include a hydraulic evaluation as well as risks
due to flooding, earthquakes and potential water or air pollution.
It is not intended that the health and safety assessment duplicate
information developed for environmental impact reports or risk assessments
required under local, state or federal regulations.
means schools, hospitals, convalescent homes, prisons, facilities
for the mentally ill, and other similar facilities.
means a person who participated in one or more public meetings
or hearings held to consider an application for a land use decision
for a specified hazardous waste project. "Participation" as defined
in State Health by State Health and Safety Code Section 25199.1(c)
includes, but is not limited to, the giving of oral or written testimony
at a meeting or hearing, submission of questions at a meeting or hearing,
or attendance at the meeting or hearing.
means a discretionary decision of the city concerning a specified
hazardous waste facility including the issuance of land use permit,
a use permit, the granting of a variance, the subdivision of property
and the modification of existing property lines pursuant to Title
7 (commencing with Section 65000) of the Government Code.
means a state-required committee of locally appointed representatives, designed to represent, generally, the interests of the residents in the city and residents in adjacent communities in meetings with the applicants of a proposed hazardous waste facility. The membership, duties, and mission of the committee are defined by State Health and Safety Code Section 25199.7(d), as reiterated in this chapter under Section 8.38.070.
means the state of California Office of Permit Assistance.
means the state of California Office of Planning and Research.
means any structures, other appurtenances, and improvements
on the land, and all contiguous land serving more than one producer
of hazardous waste and used for treatment, transfer, storage, resource,
recovery, disposal, or recycling of hazardous waste including but
not limited to:
Incineration facility (i.e., rotary kiln, fluid bed, etc.);
Residual repository (receives only residuals from hazardous
waste treatment facilities);
Stabilization/solidification facilities;
Chemical oxidation facilities;
Neutralization/precipitation facilities; or
Transfer/storage facilities.
means a waste treatment facilities.
shall mean a waste disposal facility specifically restricted
to receiving only residuals from hazardous waste treatment facilities.
(Ord. 92-O-115 § 1)
The specific requirements of this chapter are applicable to the siting and development of off-site hazardous waste treatment, storage, transfer, and disposal facilities as defined in Section 8.38.020, "Definitions."
The off-site facility definition does not apply to: (1) Transportable
Treatment Units (TTU), which are designed to be moved either intact
or in modules and which are intended to be operated at a given location
for a limited period of time, or (2) permanent on-site hazardous waste
facilities at locations where hazardous waste is produced, and which
are owned by, leased to, or under the control of the producer of the
waste.
All such facilities (i.e., off-site, on-site, and TTUs) shall
require state licensing to install and operate.
(Ord. 92-O-115 § 1)
The following procedures are for the purpose of identifying
the steps for processing a use permit application for a specified
off-site hazardous waste facility. These procedures include the steps
to be taken by the applicant, state and city.
(1)
At
least 90 days before filing an application with the city for a land
use decision (use permit) for a specified hazardous waste facility
project, the applicant shall file, with the Office of Permit Assistance
(OPA) in the state's Office of Planning and Research and with the
city, a notice of intent to make an application. The notice of intent
shall specify the location to which the notice of intent is applicable
and shall contain a complete description of the nature, function and
scope of the project. The OPA shall immediately notify the affected
state agencies of the notice of intent. The city shall publish a notice
in a newspaper of general circulation in the area affected by the
proposed project, shall post notices in the location where the project
is proposed, and shall notify, by a direct mailing, the owners of
contiguous property, as shown in the latest equalized assessment role.
A notice of intent is not transferable to a location other than the
location specified in the notice and shall remain in effect for one
year from the date it is filed with a local agency or until it is
withdrawn by the proponent, whichever is earlier. The city shall impose
a fee upon a project applicant equal to the cost of notification required
by this section. (Requirement of Section 25199.7(a) of the California
Health and Safety Code).
(2)
Within
90 days after a notice of intent is filed with the OPA, the OPA shall
convene a public meeting within the city to inform the public of the
nature, function, and scope of the proposed facility project and the
procedures that are required for approving applications for the project.
The city shall contact OPA regarding the location and time of the
meeting and shall have representatives attend. (Requirement of Section
25199.7(c) of the California Health and Safety Code).
(3)
Any time after receiving notification of the filing of a notice of intent but no later than 30 days after the application for a specified hazardous waste facility project is accepted as complete, the city council shall appoint a seven-member Local Assessment Committee (LAC) pursuant to the provisions of Section 8.38.070 of this chapter. The city shall charge the project applicant a fee to cover the city's costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision. (Requirement of Section 25199.7(d) of the California Health and Safety Code).
(4)
The
city shall notify the OPA within 10 days after an application for
a land use decision (use permit) for a specified hazardous waste facility
project is accepted as complete by city and within 60 days after receiving
this notice, the OPA shall convene a meeting of the lead and responsible
agencies for the project, the applicant, the LAC and the interested
public, for the purpose of determining the issues which concern the
agencies that are required to approve the project and the issues which
concern the public. The meeting shall take place in the city. (Requirement
of Section 25199.7(4)(e) of the California Health and Safety Code).
(5)
Following the meeting as specified in subsection (4) of this section, the applicant and the LAC of the city shall meet and confer on the specified hazardous waste facility project proposal for the purpose of establishing the terms and conditions under which the project will be acceptable to the community. (Requirement of Section 25199.7(4)(f) of the California Health and Safety Code).
(6)
At
the request of the applicant, the department of development services
shall, within 60 calendar days after the city has determined that
an application for a land use decision (use permit) for a hazardous
waste facility is complete, issue an initial written determination
on whether the hazardous waste facility project is consistent with
both the city's General Plan and zoning ordinance in effect at the
time the application was received, and the Orange County Hazardous
Waste Management Plan. (Requirement of Section 25199.5(a) of the California
Health and Safety Code).
(7)
The
applicant for a specified hazardous waste facility project shall pay
a fee, established by the OPA, equal to the cost of hiring independent
consultants to review the project. The OPA shall deposit these fees
in the local agency technical assistance account, created within the
State General Fund. The moneys in that account may be expended by
the OPA, upon appropriation by the Legislature, to make technical
assistance grants to the LAC to enable the LAC to hire an independent
consultant to assist the LAC in reviewing the project and negotiation
terms and conditions with the applicant. City may request technical
assistance from any state agency which authorizes permits for hazardous
waste facility projects. (Requirement of Section 25199.7(g) of the
California Health and Safety Code).
(8)
An
applicant may file an appeal of a land use decision (use permit) made
by the final approval body for a specified hazardous waste facility
project with the Governor or the Governor's designee. (Requirement
of Section 25199.9 of the California Health and Safety Code).
(Ord. 92-O-115 § 1)
The following information is required for submittal of a use
permit application for an off-site hazardous waste facility:
(1)
A
completed application form;
(2)
A
completed environmental application form;
(3)
Property
owner verification/permission for request;
(4)
A
deposit/fee as required by city council resolution;
(5)
A
scaled site plan and development plan drawn in sufficient detail to
clearly describe the following:
(A)
Physical dimensions of property and structures,
(B)
Location of existing and proposed structures,
(C)
Setbacks,
(D)
Methods of circulation,
(E)
Ingress and egress,
(F)
Utilization of property under the requested permit,
(G)
The distance from the project property lines to the nearest residential
structure,
(H)
Proximity of the project to 100-year floodplain areas,
(I)
Proximity of the project to any known earthquake fault zones,
(J)
The relationship of the proposed project to all above-ground water
supplies as well as known underground aquifers that could conceivably
suffer contamination,
(K)
Topographic description of the property and surrounding area,
(L)
Existing and proposed utilities which service or will be needed to
service the facility,
(M)
Identification of surrounding zoning and land uses,
(N)
Landscape plans showing theme and location of all landscape areas,
(O)
Building elevations showing building height, exterior materials,
and architectural theme, and
(P)
Other information as required by the Director of Development Services;
(6)
A
preliminary geological study of the property and surrounding area
which comprehends as deep a soils analysis as there are known aquifers,
regardless of the potability of those aquifers;
(7)
Identification
of all waste-water, treated and untreated, generated by the proposed
facility and the method and place of final discharge;
(8)
Identification
of the amounts (tonnage) and types of hazardous wastes to be treated
at the proposed facility; the sources of these wastes; the ultimate
disposition of the wastes; and the anticipated life of the facility.
Information shall be provided on the amount, sources, and types of
hazardous wastes to be treated 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;
(9)
The applicant shall provide within one month of a scheduled public hearing on the use permit, three sets of mailing labels as outlined in Section 8.38.080. (Note: City has the discretion to increase notification boundary);
(10)
A plan that clearly delineates all public involvement with the proposed
project prior to any formally advertised and scheduled public hearings.
Said plan will provide for adequate public testimony on the project
in an effort to mitigate all public concerns prior to the approval
body reviewing the case;
(11)
A plan that identifies an ongoing monitoring program to ensure no
unintentional release of any hazardous substance from the site. This
shall include any ongoing monitoring necessary by other permitting
agencies such as State Department of Health Services, the South Coast
Air Quality Management District, Environmental Protection Agency,
Santa Ana Regional Water Quality Board, etc.;
(12)
A preliminary contingency plan for emergency procedures designed to minimize hazards to human health or the environment from fires, explosions or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The plan shall provide for its immediate implementation whenever there is a fire, explosion, or release of hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 8.38.120(c);
(Ord. 92-O-115 § 1)
The project shall be subject to environmental analysis according
to the city's environmental guidelines pursuant to the California
Environmental Quality Act (Public Resources Code Sections 21000—21177;
15000—15387). The environmental analysis shall address but not
be limited to the following:
(1)
Describe
at least two reasonable alternatives to the project which shall be
reviewed pursuant to the California Environmental Quality Act;
(2)
An
analysis of visual, noise and any olfactory impacts associated with
the project and recommended mitigation measures;
(3)
An
analysis of all anticipated air quality impacts associated with the
project and proposed mitigation to ensure no degradation of air quality
in the area;
(4)
A
health and safety assessment that analyzes in detail all probabilities
of accidents or spills at the site, as well as, transportation-related
accidents from the point of origin to the facility. Such analysis
shall identify mitigation measures to reduce identified risks. The
health and safety assessment shall identify the most probable routes
for transporting hazardous wastes to the facility within Orange County;
(5)
An
analysis of traffic impacts associated with the project and recommended
mitigation measures;
(6)
An
analysis of all anticipated water quality impacts associated with
the project and proposed mitigation to ensure no degradation of water
quality in the area;
(7)
Other
information as required by the California Environmental Quality Act.
(Ord. 92-O-115 § 1)
Pursuant to Section 8.38.040(3) of this chapter, the city council shall appoint a seven member Local Assessment Committee (LAC). (Note: The city council has discretion to appoint additional members to this committee as they deem appropriate).
(1)
The
membership of the LAC shall:
(A)
Be broadly constituted to reflect the makeup of the community and
shall include three representatives of the community at large, two
representatives of environmental or public interest groups, and two
representative of affected businesses and industries. Members of the
LAC shall have no direct financial interest, as defined in Section
87103 of the California Government Code, in the proposed specified
hazardous waste facility project; (Requirement of Section 25199.7(d)(1)
of the California Health and Safety Code).
(B)
Advise the city of the terms and conditions under which the proposed
hazardous waste facility project may be acceptable to the community.
The LAC shall enter into a dialogue with the applicant for the proposed
hazardous waste facility project to reach an understanding with the
applicant on both the following:
(i)
The measures that should be taken by the applicant in connection
with the operation of the proposed hazardous waste facility project
to protect the public health, safety, and welfare and the environment
of the city,
(ii)
The special benefits and remuneration the applicant will provide
the city as compensation for the local costs associated with the operation
of the facility;
(Requirement of Section 25199.7(d)(2)(A) of the California Health
and Safety Code).
(C)
Represent generally, in meetings with the applicant, the interests
of the residents in the city and the interests of adjacent communities;
(Requirement of Section 25199.7(d)(2)(B) of the California Health
and Safety Code).
(D)
Receive and expend the technical assistance grants made available as specified in Section 8.38.040(7) of this chapter; (Requirement of Section 25199.7(d)(2)(C) of the California Health and Safety Code).
(E)
Adopt rules and procedures which are necessary to perform its duties
as outlined herein; (Requirement of Section 25199.7(d)(2)(D) of the
California Health and Safety Code).
(F)
Advise the city of the terms, provisions, and conditions for project
approval which have been agreed upon by the LAC and the applicant
and of any additional information which the LAC deems appropriate.
The legislative body of the city may use this advice for this independent
consideration of the project; (Requirement of Section 25199.7(d)(2)(E)
of the California Health and Safety Code).
(G)
Cease to exist after final administrative action has been taken by
the state and local agencies on the permit applications for the project
for which the LAC was formed. (Requirement of Section 25199.7(d)(4)
of the California Health and Safety Code).
(2)
The
approval body shall provide staff resources to assist the LAC in performing
its duties. (Requirement of Section 25199.7(d)(3) of the California
Health and Safety Code).
(3)
If the LAC and the applicant cannot resolve any differences through the meetings specified in Section 8.38.040(5) of this chapter the OPA may assist in this resolution pursuant to Section 25199.4 of the California Health and Safety Code. (Requirement of Section 25199.7(h) of the California Health and Safety Code).
(Ord. 92-O-115 § 1)
(a)
Information
Required for Public Hearing. The following information is required
for a public hearing:
(1)
A listing of all property owners within 300 feet of the boundaries
of the proposed project as shown on the latest equalized assessment
roll of Orange County. (Note: City has the discretion to increase
notification boundary).
(3)
A listing of all owners associations governing property within 300
feet of the boundaries of the proposed project and all association
within the same village as the proposed project;
(4)
A map which is keyed to all of the above listings.
(b)
Public
Notices.
(1)
Notice of a public hearing shall be given not less than 15 days nor
more than 60 days prior to the date of the hearing.
(2)
Notices shall contain information on the project, including a brief
description of the proposal, the environmental review status, and
the hearing date, time and location.
(3)
Notices shall be mailed out to all names on the list required by
subsection (a) of this section.
(4)
Notices shall be displayed on the property and at public posting
sites designated by the city council and/or published in newspaper(s)
of general circulation.
(c)
Public
Hearings.
(1)
The director of development services shall set the time and place
of public hearings required to be held by the planning commission.
(d)
Time
Limits.
The use permit for a hazardous waste facility shall become valid
10 days after the date of the decision unless appealed. If appealed
and then approved by the city council, it shall become valid on the
date of city council approval.
(Ord. 92-O-115 § 1)
At a minimum, the following findings shall be made in writing
by the planning commission prior to granting a use permit for a hazardous
waste facility:
(1)
The
project will be 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 site is or will be adequately served by roads and other public
or private service facilities;
(4)
The
project will be consistent with the Regional Fair Share Facility Needs
Assessment and siting policies established in the Orange County Hazardous
Waste Management Plan;
(Ord. 92-O-115 § 1)
(a)
Any
decision of the planning commission may be appealed to the city council
within 10 days of the date of the decision as follows:
(1)
Use permit for a hazardous waste facility:
An appeal of the planning commission decision may be filed by the applicant, the city council, or any interested person as defined in Section 8.38.020.
(2)
Appeals shall be filed with the city clerk and shall be accompanied
by a letter stating the reasons for the appeal. The city clerk shall
schedule the appeal for a hearing within 60 days of receipt of the
appeal.
(3)
An appeal shall be accompanied by a fee as required by the city council.
An appeal by a member of the city council shall not be subject to
the payment of a fee.
(4)
The city council shall hold at least one public hearing on any appeal in accordance with Section 8.38.080.
(5)
The city council may affirm, reverse or modify the previous decision.
The decision of the city council shall be final unless appealed pursuant
to subsection (b) of this section.
(b)
An
applicant or an interested person may file an appeal of a land use
decision made by the city council to the Governor's appeals board
within 30 days after the date the city takes final action on the land
use decision pursuant to the California Health and Safety Code Section
25199.9. Procedures for filing an appeal are outlined in Sections
25199.9.14 of the California Health and Safety Code.
(Ord. 92-O-115 § 1)
The following siting criteria have been established for use
by hazardous waste facility applicants in locating and designing suitable
facility sites and appropriate facilities, and by the city in evaluating
proposed sites and facility projects. The purpose of the criteria
are to reduce public health and environmental risks and governmental
costs associated with development of the facility (References: 1988
Orange County Hazardous Waste Management Plan—Table V-3).
(1)
Protect
the Residents of Orange County and Placentia.
(A)
Health and Safety Assessment.
All facilities:
Facilities shall be sited so as not to create significant risks
or cause adverse impacts to the health and safety of populations in
surrounding public and private areas, as determined by a health and
safety assessment. A health and safety assessment by a qualified preparer
is required for a proposed facility prior to approval of a local permit,
to provide technical and environmental evaluation of the proposed
facility, site, and surrounding area. A health and safety assessment
will provide the information and analysis needed to demonstrate compliance
of the proposed facility with the siting criteria. The scope of the
assessment will vary according to the size, type and proposed location
of the facility. It is not intended that the health and safety assessment
duplicate information developed for environmental impact reports or
risk assessments required under local, state or federal regulations.
When environmental impact reports and health risk assessments are
required, their scopes should provide the information and analysis
required, and thereby suffice for the health and safety assessment.
The health and safety assessment shall evaluate, at minimum
the area within 2,000 feet of the site, which is designated a sensitive
area, and shall evaluate the potential impact on sensitive populations.
Sensitive populations include residential populations, employment
populations, and immobile populations such as those in schools, hospitals,
convalescent homes, jails and other similar facilities within the
area of potential impact. The health and safety assessment must consider
the quantities and the physical and chemical characteristics of the
specific types of waste that would be handled, the facility design
features and planned operation practices. The need and distance for
any buffering of the facility from residential areas or other sensitive
land uses will be identified. The assessment must include a hydrologic
evaluation, and must assess risks due to physical hazards such as
flooding and earthquakes and potential water or air pollution. The
assessment will detail credible potential accidents, including the
distance over which effects would carry, a variety of options for
reducing risks, and procedures for dealing with the effects. The assessment
will identify the capabilities (including equipment and trained personnel)
and response time of existing emergency services with regard to accidents
at the facility, and will provide an emergency evacuation plan. If
existing emergency services are deemed inadequate, the local agency
may require the developer to supplement those services with onsite
trained personnel and equipment.
Avoidance or mitigation of potential significant health or safety
risks must be demonstrated to the satisfaction of the local permitting
agency and the California Department of Health Services.
(B)
Distance from Populations.
Treatment, recycling and collection facilities: facilities shall
comply with local minimum zoning code setbacks, unless a greater buffer
distance from other uses is deemed necessary, based on a required
health and safety assessment.
Residuals repositories: a minimum buffer distance of 2,000 feet
from residences and other sensitive land uses is required for a hazardous
waste residuals repository. The size of the buffer zone necessary
to protect public health and safety will be identified based on a
required health and safety assessment.
(2)
Ensure
the Structural Stability of the Facility.
(A)
Floodplains.
All facilities: facilities must be designed, constructed, operated
and maintained to preclude failure due to flooding, per flood control
authorities and requirements. Provisions must be made to contain and
test storm runoff prior to discharge in areas subject to contamination
by waste or treated material. The required health and safety assessment
will address flooding risks associated with the facility.
Treatment, recycling and collection facilities: facilities may
be located in areas subject to 100 year flooding only if protected
by offsetting engineered improvements, such as berms or raising the
facility above flood levels. This includes areas subject to flooding
by dam or levee failure and natural causes such as river flooding,
flash floods, rainfall or snow-melt, tsunamis (tidal waves), seiches
(earthquake-induced waves in lakes), and coastal flooding. A structural
analysis or engineering design study must be provided which shows
methods to prevent inundation or washout.
Residuals repositories: repositories are prohibited from locating in floodplain areas subject to 100 year flooding from natural cases or dam failure, even with protection, per Code of Federal Regulations (CFR), Title 40, Section 264.18(b) and California Administrative Code (CAC), Title 22, Section 66391(a)(11)(b).
(B)
Earthquakes.
All Facilities: facilities must have a minimum 200-foot setback from active or recently active earthquake faults, per the California Administrative Code (CAC), Title 22, Section 66391(a)(11)(A)(1) and (2). The required health and safety assessment will address earthquake safety of the facility.
(C)
Unstable Soils.
Treatment, recycling and collection facilities: facilities are
prohibited from locating in areas of potential rapid geologic change,
unless the facility and its containment structures have engineered
design features to assure structural stability. This includes areas
with unstable soils, steep slopes, and areas subject to liquefaction,
subsidence or other severe geologic constraints. The required health
and safety assessment will include a geologic report defining any
such engineered solutions.
Residuals repositories: Repositories are prohibited from locating in areas of potential rapid geologic change, subsidence, or liquefaction per California Code of Regulations, Title 23, Subchapter 15, Section 2531(b). The required health and safety assessment will include a geologic report.
(3)
Protect
Surface and Groundwater Quality.
(A)
Containment and Groundwater Monitoring.
All facilities: facilities shall be fully enclosed by containment
structures of impermeable materials which would contain any unauthorized
release of hazardous material. Facilities shall be equipped with leak
detection and spill control and recovery capability. Groundwater monitoring
wells must be located around each facility to determine background
vadose zone and groundwater quality, and to detect leaks and spills
from the facility, unless demonstrated to be safe without them through
the health and safety assessment. An ongoing groundwater monitoring
program should be developed in consultation with local, state and
water district representatives.
(B)
Water Quality. All facilities: facilities shall not be sited within
watershed areas which flow to open reservoirs or aqueducts that contain
drinking water supplies. Facilities shall locate such that domestic
water supply wells cannot be adversely affected from unauthorized
releases of contaminants. As a guideline, facilities should locate
at least one mile from domestic supply wells in the Forebay area (principal
recharge area to the Orange County groundwater basin), and at least
one-half (□) mile from domestic supply wells in the pressure area
of the Orange County groundwater basin, unless demonstrated to be
safe at closer proximity through the Health and Safety Assessment.
Facilities shall not locate within wellhead protection zones as identified
by EPA guidelines or municipal water supply agencies and local water
districts, unless demonstrated to be safe at closer proximity through
the health and safety assessment. Facilities shall not impact the
quality of surface waters (lakes, rivers, streams, creeks, etc.) or
groundwater resources which have been identified for beneficial uses
by the Regional Water Quality Control Board Basin Plan (per State
Water Resources Control Board Policy Resolution 88-63). The required
health and safety assessment will identify water quality issues. Facilities
must meet federal, state and local water quality requirements.
Treatment, recycling and collection facilities: facilities are
encouraged to locate outside of structured principal recharge areas
to regional aquifers as defined in local or state plans, including
the Forebay area. Facilities may locate in the following areas only
with increased engineered design features such as horizontal and vertical
containment and monitoring systems to ensure protection: (i) major
aquifer recharge areas, (ii) areas of permeable strata and soils,
(iii) areas where the existing groundwater has beneficial uses as
described in the basin plan. Facilities with subsurface storage or
treatment must be sited, designed and operated to ensure that hazardous
materials will be the tension-saturated zone.
Residuals repositories: repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the basin plan. Repositories must be sited, designed and operated to ensure that hazardous materials will always be above the tension-saturated zone.
(C)
Wastewater.
All facilities: facilities generating wastewaters should locate
in areas with adequate industrial sewer capacity. The quality of wastewater
must meet all federal, state and local sewering agency discharge requirements
and the facility must obtain a valid industrial wastewater discharge
permit.
(4)
Protect
Air Quality.
(A)
Air Quality Nonattainment and PSD Areas.
All facilities: facilities are prohibited in Class I areas as
identified in the Clean Air Act, and within wilderness, National Parks,
memorial areas and similarly dedicated areas. Facilities may be sited
in other nonattainment and PSD (Prevention of Significant Deterioration)
areas only if they meet the requirements of the South Coast Air Quality
Management District. The required health and safety assessment will
identify air emissions, impacts and mitigations associated with the
facility.
(5)
Protect
Environmentally Sensitive Areas.
(A)
Wetlands.
All facilities: facilities are prohibited from locating in wetlands
such as saltwater, fresh water and brackish marshes, swamps and bogs,
as defined in local, regional and state plans and policies (generally,
areas inundated by surface or groundwater with a frequency to support,
under normal circumstances, a prevalence of vegetative or aquatic
life which requires saturated soil conditions for growth and reproduction).
(B)
Animal and Plant Habitats.
All facilities: facilities are prohibited from locating within
critical or significant habitat areas of animal and plant species
(including threatened or endangered species), as defined in local,
regional or state plans and policies.
(C)
Prime Agricultural Lands.
All facilities: facilities are prohibited from locating on prime
agricultural lands, as defined in California law and local plans,
unless an overriding public need is served and demonstrated.
(D)
Recreational, Cultural and Aesthetic Resources.
Collection facilities: low-volume transfer and storage facilities
may locate in protected, recreational, cultural or aesthetic resource
areas, as defined by local, regional, state or national plans or policies,
only if necessary to handle hazardous wastes generated by workers,
residents, or visitors in these areas.
Treatment and recycling facilities and residuals repositories:
facilities are prohibited from locating in protected recreational,
cultural and aesthetic resource areas, as defined by local, regional,
state or national plans or policies.
(E)
Mineral Resource Areas.
All facilities: facilities are prohibited from locating on lands
containing significant mineral deposits, as classified by local plans
or California's mineral land class maps and reports, if the extraction
of the mineral deposit would be precluded.
(F)
Military Lands.
All facilities: facilities are prohibited from locating on military
lands by the policy of the U.S. Department of Defense (DOD).
(6)
Ensure
Safe Transportation of Hazardous Waste.
(A)
Proximity to Waste Generation Areas.
Treatment, recycling and collection facilities: facilities should
locate close to sources of hazardous waste generation (generally industrial
areas) to minimize the risks of transportation.
Residuals repositories: repositories may be located at more
distance from the sources of hazardous waste generation than other
facilities because of the need for larger land areas and buffer zones.
(B)
Proximity and Access to Major Routes.
All facilities: facilities shall locate to minimize distance
from major transportation routes. Facilities must have good access
by roads designed to accommodate heavy vehicles. Travel routes from
facilities to major transportation routes shall not pass through residential
neighborhoods, shall minimize residential frontages, and shall be
demonstrated as safe with regard to road design and construction,
accident rates, excessive traffic, etc. The required health and safety
assessment will evaluate risks associated with transportation of hazardous
wastes.
(7)
Protect
the Social and Economic Goals of the Community.
(A)
Consistency with General Plan.
All facilities: facilities must be consistent with local planning
policies, including the city General Plan and zoning ordinances.
(B)
Fiscal Impact.
All facilities: a facility's fiscal impact to the city must
be demonstrated.
(C)
Socioeconomic Impacts.
All facilities: the city may require the facility developer
to fund an independent study on socioeconomic impacts of the facility.
(D)
Consistency with Orange County Hazardous Waste Management Plan.
All facilities: facilities shall be consistent with the goals
and policies of the Orange County Hazardous Waste Management Plan,
and must demonstrate compliance with the siting criteria established
herein. Facilities shall be consistent with the fair share principal,
and with any interjurisdictional agreements on hazardous waste management.
Local needs are to be the primary basis for facility siting criteria
decisions, along with regional commitments; facilities are to be designed
and sized primarily to meet the hazardous waste management needs of
Orange County, or to meet the county's broader regional commitments
under an interjurisdictional agreement.
(Ord. 92-O-115 § 1)
(a)
General
Conditions. The city may impose conditions on the granting of a use
permit for a hazardous waste facility in order to achieve the purposes
of this section and the General Plan and to protect the health, safety
and general welfare of the community.
(b)
Safety
and Security.
(1)
The owner or operator shall prevent the unknowing entry, and minimize
the possibility for the unauthorized entry, of persons or livestock
onto any portion of the facility.
(2)
The operator shall provide a 24 hour surveillance system (e.g., television
monitoring or surveillance by guards or facility personnel) which
continuously monitors and controls entry onto the facility.
(3)
An artificial or natural barrier (e.g., a wall or a wall combined
with a landscaped berm) shall be constructed which completely surrounds
the facility.
(4)
All gates or other entrances into the facility shall be provided
with adequate means to control entry at all times. Signs with the
legend, "Danger — Hazardous Waste Area — Unauthorized
Personnel Keep Out," shall be posted at each entrance to the facility,
and at other locations, in sufficient numbers to be seen from any
approach. The legend shall be written in English, Spanish and any
other language predominate in the area surrounding the facility, and
shall be legible from a distance at least 25 feet. Existing signs
with a legend other than "Danger — Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only authorized
personnel are allowed to enter the active portion, and that entry
onto the active portion can be dangerous.
(c)
Contingency
Plan.
(1)
The hazardous waste facility is required to have a contingency plan
designed to minimize hazards to human health and the environment from
fires, explosions, or unplanned release of hazardous waste to air,
soil, or surface water. The plan shall be carried out immediately
whenever a fire, explosion, or unplanned release occurs.
(2)
The contingency plan shall include:
(A)
The actions employees must take in response to a fire, explosion,
unplanned release of hazardous waste;
(B)
Arrangements agreed to by local emergency response officials;
(C)
The names, addresses and telephone numbers (office and home) of all
persons qualified to act as emergency coordinator. (If more than one
name is listed, the order in which they may assume authority shall
be given, with one person designated as primary coordinator). The
emergency coordinator shall be available to respond to an emergency
and shall have the responsibility for coordinating all emergency response
measures. The emergency coordinator shall be familiar with all aspects
of the contingency plan, all operations and activities of the facility,
the location and characteristics of wastes handled, and general facility
layout. The emergency coordinator shall have the authority to commit
the resources needed to carry out the contingency plan;
(D)
A listing of all emergency equipment at the facility, including its
location and an outline of its capabilities;
(E)
An evacuation plan for employees where evacuation may be necessary,
including signals used to begin evacuation, primary evacuation routes
and alternate routes.
(3)
Facility emergency coordinator responsibilities shall be identified
in the contingency plan to include, at minimum, the following:
(A)
In event of emergency (imminent or natural) fire, the emergency coordinator
shall immediately activate facility alarms to notify employees and
shall contact appropriate state or local emergency response agencies.
(B)
In the event of a fire, explosion, or release of any hazardous material,
the emergency coordinator shall immediately identify the character,
exact source, amount and real extent of any released materials. Concurrently,
the emergency coordinator shall assess possible hazards both direct
and indirect, to human health or the environment that may result from
the emergency.
(C)
If the emergency coordinator determines that the facility has had
a release, fire or explosion which could threaten human health and
the environment outside the facility, the emergency coordinator shall
report his findings as per the following paragraphs (D) and (E) of
this subdivision.
(D)
If evacuation is necessary, local officials shall be so notified.
(E)
The emergency coordinator shall, in every situation, notify the State
Office of Emergency Services at 1-800-852-7550 providing the following
information:
(G)
If the facility stops operations during an emergency, the emergency
coordinator shall monitor for leaks, pressure build-ups, gas generation
or ruptures in valves, pipes or other equipment as appropriate.
(H)
Immediately after an emergency, the emergency coordinator shall provide
for treating, storing or disposing of recovered waste, contaminated
soil or surface water, or any other material resulting from a release,
fire or explosion.
(4)
Owner/operator responsibilities shall be identified in the contingency
plan to include, at minimum, the following:
(A)
Notify the State Department of Health Services and appropriate state
and local authorities that the above requirements have been met before
operations are resumed in the affected area;
(B)
Record the time, date and details of any incident which requires
implementing the contingency plan;
(C)
Within 15 days submit a written report on the incident to the State
Department of Health Services. The report shall include:
(i)
Name, address and telephone number of the owner/operator,
(ii)
Name, address and telephone number of the facility,
(iii)
Date, time and type of incident,
(iv)
Name and quantity of materials involved,
(v)
Extent of any injuries,
(vi)
Assessment of actual or potential hazards to human health or
the environment, where applicable, and
(vii)
An estimate of the quantity of material recovered and its disposition;
(D)
A copy of the contingency plan shall be maintained at the facility.
A copy shall be sent to Public Safety, Orange County Fire Department,
surrounding hospitals, Orange County Health Care Agency, and other
regulatory agencies as deemed appropriate;
(E)
The contingency plan shall be reviewed and amended when any of the
following occur:
(i)
The facility permit is revised,
(ii)
Applicable regulations are revised,
(iii)
The plan fails in an emergency,
(iv)
Operations at the facility change in a way that materially increases
the potential of fire, explosion or unplanned release of hazardous
waste,
(v)
The list of emergency coordinators changes,
(vi)
The list of emergency equipment changes;
(d)
Monitoring.
(1)
Upon reasonable notice, the city, their designated representatives
and representatives of other agencies may enter a parcel on which
a use permit for a hazardous waste facility has been granted for the
purpose of monitoring the operation of the facility.
(2)
The holder of a use permit for a hazardous waste facility shall report
quarterly to the city 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 waste materials.
The report should also include a map showing the exact location (coordinates
and elevation) by quantity and types of materials placed in repositories
or otherwise stored or disposed of onsite.
(3)
All structures shall remain accessible for inspection purposes.
(e)
Closure
Plan.
The owner or operator of a hazardous waste management facility
shall submit a written closure plan. A copy of the approved plan and
all revisions to the plan shall be kept at the facility until closure
is completed. The plan shall identify steps necessary to completely
or partially close the facility at any point during its intended operating
life and to completely close the facility at the end of this intended
operating life. The closure plan shall include at least:
(1)
A description of how and when the facility will be partially closed,
if applicable, and finally closed. The description shall identify
the maximum extent of the operation which will be open during the
life of the facility;
(2)
An estimate of the maximum inventory of wastes in storage and in
treatment at any time during the life of the facility;
(3)
A description of the steps needed to decontaminate facility equipment
during closure;
(4)
An estimate of the expected year of closure and a schedule for final
closure. The schedule shall include a minimum, the initial time required
to close the facility and the time required for intervening closure
activities which will allow tracking of the progress of closure.
The owner or operator may amend his closure plan at any time
during the active life of the facility. (The active life of the facility
is that period during which wastes are periodically received). The
owner or operator shall amend the plan whenever changes in operating
plans or facility design affect the closure plan, or whenever there
is a change in the expected year of closure. When the owner or operator
requests a permit modification to authorize a change in operating
plans or facility design, a modification of the closure plan shall
be requested at the same time;
(5)
The plan shall clearly indicate an effective and ongoing use for
the facility after closure. The plan will identify how the subject
property will be used after the anticipated life of the project; the
nature and type of reclamation, provisions for maintenance of the
project and finally the requirements for long-term monitoring of the
reclaimed area to insure no hazardous materials are leaking from the
site;
(6)
The plan shall indicate financial arrangements (irrevocable trust
or other form of security arrangement) for the purpose of providing
funds for the closure of its site and its long-term post closure monitoring
maintenance, per subsection (f)(3) of this section.
(f)
Financial
Responsibility.
The owner/operator shall show proof of liability insurance as
follows:
(1)
The types, amounts, periods of coverage, and provisions for periodic
review as to adequacy of coverage shall be specified in the conditions
of approval. Required insurance shall include, but not be limited
to: general liability insurance, automotive liability insurance, environmental
impairment liability insurance, and architect's and engineer's professional
liability insurance. All such insurance shall name the city as an
additional insured and shall be maintained for the life of the site
and such additional periods as shall be specified in the conditions
of approval.
(2)
Additionally, coverage will be provided for workers compensation
insurance and such other insurance as may be required. Said insurance
will name the city as either additional insured or as an additional
loss payee. Certificates of Insurance will be submitted to the city
annually.
(3)
An irrevocable trust will be established to provide funds for closure
of the site and its long-term post-closure and monitoring and maintenance.
Funds for this trust would be provided by the owner/ operator of the
facility quarterly based on quantity and types of hazardous waste
received and processed or percentage of gross income. The terms of
the trust would be as agreed upon by the project owner/operator and
the city. The terms will be reviewed annually in regards to the amount
of funds in the trust and anticipated closure monitoring and maintenance
costs. Applicant shall provide a bond in an amount to be determined
by the city for purposes of closure of the site.
(4)
The owner/operator shall defend, indemnify, and hold harmless the
city, its officers, agents, servants, and employees from all claims,
actions or liabilities arising out of the issuance of this permit,
operations at the facility and transportation of wastes to and from
the facility.
(g)
Use
of Permit.
(1)
A use permit for a hazardous waste facility shall be granted for
only those substances and quantities identified in the conditions
of approval. No additional types of wastes or increases in the quantity
of approved wastes shall be allowed beyond those specified in the
approved permit, unless a separate application is made therefor which
shall satisfy the same procedures and contents as those required in
an initial application.
(2)
Use permit granted for an off-site hazardous waste facility shall
be used within three years from the effective date thereof, or within
such additional time as may be set in the conditions of approval,
which shall not exceed a total of seven years; otherwise, the permit
shall be null and void. Notwithstanding the foregoing, if a permit
is required to be used within less than seven years, the permittee
may prior to its expiration, request an extension of time in which
to use the permit. A request for extension of time shall be made to
the final approval body, on forms provided by the development services
department and shall be filed with the director, accompanied by the
appropriate fee. Within 60 days following the filing of a request
for an extension, the director shall set the matter as an advertised
public hearing on the regular agenda of the final approval body. An
extension of time may be granted by the final approval body upon a
determination that valid reason exists for permittee not using the
permit within the required period of time. If an extension is granted,
the total time allowed for use of the permit shall not exceed a period
of 10 years, calculated from the effective date of the issuance of
permit. The term "use" shall mean the beginning of substantial construction
of the use that is authorized, which construction must thereafter
be pursued diligently to completion.
(3)
Permit Review and Renewal. Permit review and renewal shall be determined
at the time of approval and shall not exceed five years.
(Ord. 92-O-115 § 1)
In the event that any one of more of the phrases, sentences,
clauses, paragraphs, or sections contained in this chapter shall be
declared invalid or unenforceable by a valid judgment or decree of
a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this chapter which are declared as severable
and shall be interpreted to carry out the intent hereunder.
(Ord. 92-O-115 § 1)
