The purpose of this section 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 and to implement general plan policies regarding hazardous waste management facilities pursuant to State Assembly Bill 2948—Tanner, 1986 and Senate Bill 477—Greene, 1987 (Section 6.5 of the California Health and Safety Code) and Program A-3 in the Orange County Hazardous Waste Management Plan.
(Ord. 1719 § 1, 2010)
A. 
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 18.58.120.
B. 
The offsite facilities 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 shall require state licensing to install and operate.
(Ord. 1719 § 1, 2010)
The following procedures are for the purpose of identifying the steps for processing an application for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the applicant, the state and the city.
A. 
At least ninety days before filing an application with the city for a land use decision 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 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 property within three hundred feet of the proposed site, as shown in the latest equalized assessment roll. The city shall impose a fee upon a project applicant equal to the cost of notification required by this section.
B. 
Within ninety 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 on the nature, function and scope of the proposed facility project and the procedures that are required for approving applications for the project. The city should contact OPA regarding the location and time of the meeting and should have representatives attend.
C. 
Within ninety days after receiving a notification of the filing of a notice of intent, the city shall appoint a seven-member local assessment committee (LAC) pursuant to the provisions of Section 18.58.060 of this chapter.
D. 
The city shall notify the OPA within ten days after an application for a land use decision for a specified hazardous waste facility project is accepted as complete by the city and within sixty 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 within the city limits.
E. 
Following the meeting as specified in subsection D 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.
F. 
At the request of the applicant, the city shall, within sixty calendar days after the city has determined that an application for a land use decision 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 general plan and zoning ordinances in effect at the time the application was received, and the Orange County Hazardous Waste Management Plan.
G. 
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 appreciation 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. The city may request technical assistance from any state agency which authorizes permits for hazardous waste facilities projects.
H. 
An applicant may file an appeal of a land use decision made by the city for a specified hazardous waste facility project with the Governor or the Governor's designee.
(Ord. 1719 § 1, 2010)
The following information is required for submittal of a hazardous waste facility siting permit application:
A. 
A completed application form;
B. 
A completed environmental application form;
C. 
Property owner verification/permission for request;
D. 
A deposit/fee as established by the city council;
E. 
A plot and development plan drawn in sufficient detail to clearly describe the following:
1. 
Physical dimensions of property and structures,
2. 
Location of existing and proposed structures,
3. 
Setbacks,
4. 
Methods of circulation,
5. 
Ingress and egress,
6. 
Utilization of property under the requested permit,
7. 
The distance from the project property lines to the nearest residential structure,
8. 
Proximity of the project to one hundred-year floodplain areas,
9. 
Proximity of the project to any known earthquake fault zones,
10. 
The relationship of the proposed project to all above-ground water supplies as well as known underground aquifers that could conceivably suffer contamination,
11. 
Topographic description of the property and surrounding area,
12. 
Existing and proposed utilities which service or will be needed to service the facility,
13. 
Identification of surrounding zoning and land uses; and
14. 
Other information as required by the director of planning;
F. 
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;
G. 
Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;
H. 
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 amounts, 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;
I. 
A plan that clearly delineates all public involvement with the proposed project prior to any formally advertised and scheduled public hearings. The plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the public hearing;
J. 
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 the Southern California Air Quality Management District, Environmental Protection Agency, Air Resources Board, Regional Water Quality Control Board, etc.;
K. 
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 non-sudden 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 or hazardous waste constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 18.58.110(D); and
L. 
Other information as required by the director of planning to demonstrate compliance with the facility siting criteria as outlined in Section 18.58.100.
(Ord. 1719 § 1, 2010)
A. 
The project shall be subject to environmental analysis according to city established procedures pursuant to the California Environmental Quality Act.
B. 
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 mitigated 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. 1719 § 1, 2010)
Pursuant to Section 18.58.030(C) of this chapter, the city shall appoint a seven-member local assessment committee (LAC).
A. 
The membership of the LAC shall:
1. 
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 representatives 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;
2. 
Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of, and conditions for project approval which would protect the public health, safety and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation;
3. 
Represent generally, in negotiation with the applicant, the interests of the residents in the city and the interests of adjacent communities;
4. 
Receive and expend the technical assistance grants made available as specified in Section 18.58.030(G) of this chapter;
5. 
Adopt rules and procedures which are necessary to perform its duties as outlined in this section;
6. 
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 planning commission and city council may use this advice for its independent consideration of the project;
7. 
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.
B. 
The city shall provide staff resources to assist the LAC in performing its duties.
C. 
If the LAC and the applicant cannot resolve any differences through the meetings specified in subsection E of Section 18.58.030, the OPA may recommend the use of a mediator. The applicant shall pay one-half of the costs for this mediation and the maintaining costs shall be paid, upon appropriation by the Legislature, from the State General Fund.
(Ord. 1719 § 1, 2010)
A. 
Notice of Public Hearing.
1. 
Notice of a public hearing shall be given not less than ten 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)(1) 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 a newspaper of general circulation.
B. 
Public Hearings.
1. 
The planning director shall set the time and place of public hearings required to be held by the planning commission.
2. 
The planning commission shall hold at least one public hearing and shall approve, deny or conditionally approve the request by resolution based on the findings in Section 18.58.080.
C. 
Time Limits. A hazardous waste facility permit shall become valid ten 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. 1719 § 1, 2010)
At a minimum, the following findings shall be made in writing by the planning commission prior to granting a hazardous waste facility permit:
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 adequately served by roads and other public or private service facilities.
D. 
The project will be consistent with the regional fair share facility needs assessment and siting policies established in the hazardous waste management plan.
E. 
The project will comply with the facility siting criteria set out in Section 18.58.100.
(Ord. 1719 § 1, 2010)
A. 
Any decision of the planning commission may be appealed to the city council within ten working days of the date of the decision as follows:
1. 
Hazardous Waste Facility Siting Permits. An appeal of the planning commission decision may be filed by the applicant or any interested person as defined in Section 18.58.120.
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 ten working days of receipt of the appeal.
3. 
An appeal shall be accompanied by a fee as established in Chapter 18.70 of this title.
4. 
The city council shall hold at least one public hearing on any appeal in accordance with Section 18.58.070(C).
5. 
The city council may affirm or modify the decision of the planning commission. 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 Governors Appeals Board within thirty days after the date the local agency 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 through 25199.14 of the California Health and Safety Code.
(Ord. 1719 § 1, 2010)
A. 
Health and Safety Assessment.
1. 
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. 
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 property 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.
b. 
The health and safety assessment shall evaluate, at minimum the area within two thousand 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 operational 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 times 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 on site trained personnel and equipment.
c. 
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.
1. 
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.
2. 
Residuals Repositories. A minimum buffer distance of two thousand feet from residences and other sensitive land uses is required for a hazardous waste residuals repository per Health and Safety Code Section 25202.5(b) and (d). The size of the buffer zone necessary to protect public health and safety will be identified based on a required health and safety assessment.
C. 
Floodplains.
1. 
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.
2. 
Treatment, Recycling and Collection Facilities. Facilities may be located in areas subject to one hundred-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 snowmelt, 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.
3. 
Residuals Repositories. Repositories are prohibited from locating in floodplain areas subject to one hundred-year flooding from natural causes or dam failure, even with protection, per Code of Federal Regulations (CFR), Title 40, Section 264.18 (b), and California Code of Regulations (CCR), Title 22, Section 6639(a)(11)(b).
D. 
Earthquakes—All Facilities. Facilities must have a minimum two-hundred-foot setback from active or recently active earthquake faults, per the California Code of Regulations (CCR), Title 22, Section 6391(a)(11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility.
E. 
Unstable Soils.
1. 
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 engineering 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 constraints and engineered solutions.
2. 
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(e). The required health and safety assessment will include a geologic report.
F. 
Containment and Groundwater Monitoring.
1. 
All Facilities. Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material.
2. 
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.
G. 
Water Quality.
1. 
All Facilities. Facilities shall not be sited within watershed areas tributary 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.
2. 
Treatment, Recycling and Collection Facilities. Facilities are encouraged to locate outside of structured recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Facilities may locate in the following only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection: (a) major aquifer recharge areas, (b) areas of permeable strata and soils, and (c) 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 above the tension-saturated zone.
3. 
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 253(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.
H. 
Wastewater—All Facilities. Facilities generating wastewater 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.
I. 
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.
J. 
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 water 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).
K. 
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.
L. 
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.
M. 
Recreational, Cultural and Aesthetic Resources.
1. 
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.
2. 
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.
N. 
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.
O. 
Military Lands—All Facilities. Facilities are prohibited from locating on military lands by the policy of the U.S. Department of Defense (DOD).
P. 
Proximity to Waste Generation Areas.
1. 
Treatment, Recycling and Collection Facilities. Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.
2. 
Residuals Repositories. Repositories may be located more distance from the sources of hazardous waste generation than other facilities because of the need for larger land areas and buffer zones.
Q. 
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.
R. 
Consistency with General Plan—All Facilities. Facilities must be consistent with local planning policies, including the city or county general plan and zoning ordinances.
S. 
Fiscal Impact—All Facilities. A facility's fiscal impact to the city or county must be demonstrated.
T. 
Socioeconomic Impacts—All Facilities. The city or county may require the facility developer to fund an independent study on socioeconomic impacts of the facility.
U. 
Consistency with Hazardous Waste Management Plan—All Facilities. Facilities shall be consistent with the goals and policies of this plan, and must demonstrate compliance with the siting criteria established in this section. 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. 1719 § 1, 2010)
The city may impose conditions on the granting of a hazardous waste facility permit in order to achieve the purposes of this chapter and the general plan and to protect the health, safety and general welfare of the community. These may include but are not limited to the following:
A. 
Safety and Security.
1. 
The owner or operator shall prevent the unknowing entry, and to minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.
2. 
The operator shall provide a twenty-four-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 fence in good repair or a fence combined with a cliff) 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 predominant in the area surrounding the facility, and shall be legible from a distance of at least twenty-five 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.
B. 
Contingency Plan.
1. 
Every 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 or 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/her findings as set out in subsections D and E of this section.
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:
i. 
Name and telephone of person reporting;
ii. 
Name and address of facility;
iii. 
Time and type of incident;
iv. 
Name and quantity of material(s) involved;
v. 
Extent of injuries; and
vi. 
Possible hazard to human health and the environment outside facility.
f. 
During the emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions and releases do not occur or spread, including such measures as:
i. 
Stopping operations;
ii. 
Collecting and containing released waste; and
iii. 
Removing or isolating containers.
g. 
If the facility stops operations during an emergency, the emergency coordinator shall monitor for leaks, pressure buildups, 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.
i. 
Other activities required of the emergency coordinator after an emergency are:
i. 
No wastes incompatible with the release material is handled until cleanup is completed; and
ii. 
Emergency equipment is cleaned and ready for use before operations are resumed.
4. 
Responsibilities of the owner/operator 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 fifteen 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 local police, fire, hospital and county environmental health.
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.
C. 
Monitoring.
1. 
Upon reasonable notice, city officials, their designated representatives, and representatives of other affected regulatory agencies may enter a parcel on which a hazardous waste facility permit has been granted for the purpose of monitoring the operation of the facility.
2. 
The holder of a hazardous waste facility permit 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 on-site.
3. 
All structures shall remain accessible for inspection purposes.
D. 
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 ends of its 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. 
a. 
An estimate of the expected year of closure and a schedule for final closure. The schedule shall include a minimum, the total time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure.
b. 
The owner or operator may amend his/her 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 operating plans or facility design, he/she shall request a modification of the closure plan 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 ensure 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, as set out in subsection (E)(3) of this section.
E. 
Financial Responsibility. Prior to issuance of an occupancy permit to begin the use identified in this permit, the applicant 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/county) 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. Such 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 wastes 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. The applicant shall provide a bond in an amount to be determined by the city for purposes of closure of the site.
4. 
The applicant 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.
F. 
Use of Permit.
1. 
A hazardous waste facility permit 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 facility permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.
2. 
a. 
Any off-site hazardous waste facility permit that is granted shall be used within one year 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 two years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, the permittee may, prior to the permit's expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the planning commission on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate fee.
b. 
The planning director or his/her designee shall set the matter as an advertised public hearing on the regular agenda of the planning commission who shall review the application and make a recommendation thereon. An extension of time may be granted by the planning commission 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 six months, from the effective date of the planning commission action. A maximum of two time extensions shall be allowed. The term "use" means, at a minimum, of having active building permits for 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.
(Ord. 1719 § 1, 2010)
Unless otherwise stated, the following definitions pertain to this ordinance.
"Applicant"
means any person applying to the city for a 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).
"General fund"
means the state of California General Fund.
"Governor's appeal board"
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 county 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 in this section, 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 through 25199.14.
"Hazardous waste"
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 cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.
"Health and safety assessment"
means a technical and environmental evaluation of a proposed facility, site and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. 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.
"Immobile populations"
means schools, hospitals, convalescent homes, prisons, facilities for the mentally ill and other similar facilities.
"Interested person"
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 facility project. "Participation" as defined in 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.
"Land use decision"
means a discretionary decision of the (city/county) concerning a specified hazardous waste facility including the issuance of a land use permit, a conditional 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.
"Local assessment committee (LAC)"
means a state-required committee of locally appointed representatives, designed to negotiate with the proponents 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 herein by Section 18.58.060.
"Off-site hazardous waste facility"
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 the treatment, transfer, storage, resource, recovery, disposal, or recycling of hazardous waste including but not limited to:
1. 
Incineration facility (i.e., rotary kiln, fluid bed, etc.);
2. 
Residual repository (receives only residuals from hazardous waste treatment facilities);
3. 
Stabilization/solidification facilities;
4. 
Chemical oxidation facilities;
5. 
Neutralization/precipitation facilities; or
6. 
Transfer/storage facilities.
"Office of permit assistance (OPA)"
means the State of California Office of Permit Assistance.
"Office of planning and research (OPR)"
means the State of California Office of Planning and Research.
"Planning director"
means the city planning director.
"Residuals repository"
means a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.
"Specified hazardous waste facility"
means a specific offsite facility project proposal.
(Ord. 1719 § 1, 2010)