This Chapter establishes uniform standards to control the location, design, and maintenance of hazardous waste facilities and protect the health, quality of life, and the environment of the residents of the City of Dana Point.
The City Council hereby adopts the following policies:
(a) 
The City of Dana Point prioritizes hazardous waste management strategies in order of priority as follows: source reduction (top priority), on-site recycling, off-site recycling, on-site treatment, off-site treatment, and disposal (last priority).
(b) 
Public participation shall be a high priority throughout the process of siting hazardous waste facility projects.
(c) 
The City of Dana Point will cooperate fully with other local, State, and Federal agencies to efficiently regulate the management of hazardous materials and hazardous waste.
(d) 
Transportation of hazardous waste shall be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes.
(e) 
Regulations governing pretreatment of hazardous wastes before discharge into sewer systems will be strictly followed. Discharge of hazardous wastes into storm drains is prohibited.
(f) 
The City of Dana Point shall cooperate with the County of Orange with respect the proper management of household hazardous wastes. The City's General Plan addresses the types and quantities of household hazardous waste generated in the City, options and strategies for managing these wastes, and a program for educating the residents as to identification and proper management of household hazardous waste.
(Added by Ord. 93-16, 11/23/93)
The following shall apply to all applications for a land use decision regarding hazardous waste facility projects:
(a) 
All hazardous waste facility projects and specified hazardous waste facility projects shall require a conditional use permit pursuant to Chapter 9.65. A Coastal Development Permit shall also be required if a Coastal Development Permit is otherwise required for development of the site by City Ordinance or State Law. A Coastal Development Permit shall also be required if such Coastal Development Permit is otherwise required for development of the site by City Ordinance or State law. The local permitting process is intended to assure protection of public health and the environment without imposing undue restrictions on projects.
(b) 
All hazardous waste facility projects and specified hazardous waste facility projects must meet the criteria herein unless the City Council determines that one or more criteria should be relaxed to meet an overriding public need.
(c) 
Specified hazardous waste facility projects and hazardous waste storage and disposal facilities shall be sited only in industrial zones. Hazardous waste facility projects, other than specified hazardous waste facility projects and hazardous waste storage and disposal facilities shall be sited in the following zoning designations: business park or community commercial zones only. All such uses shall be subject to a Conditional Use Permit and Coastal Development Permit, when a Coastal Development Permit is otherwise required.
(Added by Ord. 93-16, 11/23/93)
(a) 
General. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health and Safety Code Sections 25199 et seq., Public Resources Code Sections 21000—21177, and Government Code Sections 65920 et seq.; this Chapter and the following:
(1) 
Conflict of Interest. The person, or entity, preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the Local Assessment Committee.
(2) 
Public Education Plan. Every application for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision making process. Such plan shall be mutually agreeable to the project proponent and the Director of Community Development.
(3) 
Property Value Impact Study. An application for a specified hazardous waste facility shall include an independent study of the impact of the facility on real property values within the City. The study shall have been funded by the applicant. The City shall select and control the work of the consultant conducting the study. The property value impact study shall be completed and filed with the application.
(4) 
Employment Impact Study. The project proponent shall pay to the City, in advance, a fee in an amount sufficient to pay for the City's costs in conducting and reviewing an independent study of anticipated changes in employment in the City of Dana Point if the facility is sited. The City shall hire and control the work of the consultant conducting the study. Said study shall be completed prior to action on the application by the Local Assessment Committee.
(b) 
Local Assessment Committee Comments. The Local Assessment Committee shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate, for specified hazardous waste facility projects.
(Added by Ord. 93-16, 11/23/93)
Every application for a hazardous waste facility project or a specified hazardous waste facility project shall be processed in accordance with the following procedures in addition to, and consistent with, Public Resources Code Sections 21000—21177 and Government Code Sections 65920 et seq. In the event of inconsistencies between the foregoing statutes and this Chapter, the provisions of this Chapter shall govern, to the ex-tent they are not preempted by operation of law.
(a) 
Determination by Director of Community Development. The Director of Community Development shall determine whether an application is complete for filing not later than 30 calendar days after the application is submitted for filing.
(b) 
Planning Commission Hearing. The Planning Commission shall hold a hearing on the application within 60 calendar days after the application is accepted as or deemed complete.
(c) 
Consistency Determination. At the request of the applicant, the Director of Community Development shall issue an initial written determination on whether the project is consistent with the General Plan, applicable zoning ordinances, the environmental guidelines of the City for implementing the California Environmental Quality Act ("CEQA"), and the County of Orange Hazardous Waste Management Plan in effect on the date the application was accepted as or deemed complete. This determination, which shall be issued within 60 calendar days after the application has been accepted as or deemed complete, will not prohibit the City from making a different determination when the final decision is made if such decision is based on information which was not considered when the initial determination was made.
(d) 
City Council Hearing. A public hearing on the application shall be held by the City Council not later than 180 days after the application is complete when the Director of Community Development, upon the advice of the City Attorney, has determined:
(1) 
That the application complies with all ordinance requirements;
(2) 
That all procedures required by the City of Dana Point with regard to the California Environmental Quality Act have been met;
(3) 
That all State and Federal permits for the facility have been obtained; and
(4) 
That the applicant, not later than 30 days prior to any public hearing scheduled by the City, has provided three sets of stamped envelopes addressed to all owners of record as shown on the latest County Equalized Assessment Roll that lie within a one-mile radius of the boundary of the facility and three sets of mailing labels indicating all residents, tenants, and businesses within a one-mile radius of the boundary of the facility.
(Added by Ord. 93-16, 11/23/93)
Every application for a hazardous waste facility project or a specified hazardous waste facility project shall be made in writing to the Director of Community Development on the forms provided by the Community Development Department and accompanied by a filing fee as set by Resolution of the City Council. An application must include 15 copies of the application, site plans, elevation, floor plans, and landscape plans all drawn to scale, and the following information:
(a) 
Name and Address. Name and address of the applicant;
(b) 
Ownership. Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;
(c) 
Plot and Development Plans. Plot and development plans drawn in sufficient detail as determined by the Director of Community Development and the City Engineer to clearly describe the following:
(1) 
Physical dimensions of the property and structures,
(2) 
Location of existing and proposed structures,
(3) 
Proposed setbacks and landscaping,
(4) 
Proposed methods of circulation and parking,
(5) 
Existing and proposed drainage patterns,
(6) 
Proposed ingress and egress,
(7) 
Proposed storage and processing areas,
(8) 
Utilization of property under the requested land use permit,
(9) 
The distance from the project property line to the nearest adjacent structure, and a description and location of such structure,
(10) 
Proximity of the project to 100 year flood prone areas,
(d) 
Earthquake Fault Zones. Proximity of the project to any known earthquake fault zones;
(e) 
Groundwater. The relationship of the proposed project to all above groundwater supplies and all known underground aquifers that might be threatened with contamination;
(f) 
Topography. Topographic description of the property and surrounding area;
(g) 
Geological Study. 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;
(h) 
Utilities. Existing and proposed utilities which service or will be required to service the facility;
(i) 
Map. A vicinity map which indicates, at a minimum proximity of the project to schools, parks, and other community facilities within the City of Dana Point;
(j) 
Routes. Proposed haul route for trucks taking hazardous waste and hazardous substances to and from site and the City limits;
(k) 
Wastewater. Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge shall be included with any application filed pursuant to the provisions of this Chapter;
(l) 
Visual, Noise and Odors. An analysis of any visual, noise, or olfactory impacts associated with the project and recommended mitigation measures shall be included with any application filed pursuant to the provisions of this Chapter;
(m) 
Air Quality. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality shall be included with any application filed pursuant to the provisions of this Chapter;
(n) 
Endangered Species. Identification of any rare or endangered or candidate rare or endangered species of plant or animals or habitats of such species within the project site and recommended impact mitigation measures;
(o) 
Quantities of Hazardous Waste. Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be based on an actual survey of the industries to be served and, thereby, be representative of the wastes that will be processed at the facility;
(p) 
Risk Assessment. A risk assessment which analyzes, in detail, all probabilities and effects of releases or spills, at the site, transportation related accidents from the point of origin to the facility, and any other probabilities requested by either the Director of Community Development, Director of Public Works, Planning Commission, or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility. The risk assessment must also detail the maximum credible accident from the facility operations and its impact on all immobile populations in the City. The study must appropriately address the quantity and types of wastes that could be received at the facility. It must also include consideration of the design features and planned operational practices at the facility. Additionally, the study must provide an estimate of the distance over which the effects of a spill or emergency situation would carry, options for reducing the risks, and procedures for dealing with such spills or emergency situations;
(q) 
Monitoring Program. A plan that identifies an ongoing monitoring program of air, soil, surface water, and groundwater. This plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, Regional Water Quality Control Board, Department of Health Services, or their successors in interest;
(r) 
Alternative Sites. A designation of reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act;
(s) 
Environmental Information. An Environmental Information Form in sufficient detail to enable the City to complete an Initial Study pursuant to the California Environmental Quality Act for the preparation by a qualified environmental consulting firm of an Environmental Impact Report or Negative Declaration, with all costs to be born by the applicant; and
(t) 
Emergency Response Plan. An emergency response plan consistent with all applicable County, regional and City emergency response plans and all City, County, State and Federal regulatory requirements regarding emergency response procedure, including the following:
(1) 
Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures;
(2) 
Anticipated impacts on local fire, police, and medical services; and
(3) 
Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, if known, and a detailed description of uncontrolled release and release reporting procedures.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)
(a) 
Residuals repositories, as defined in Health and Safety Code Section 25204 must be a minimum of 2,000 feet from the closest residence.
(b) 
Treatment and storage facilities, as those terms are defined in Health and Safety Code Section 25205.1 shall comply with zoning setback requirements for industrial facilities, unless a greater distance is justified pursuant to a risk assessment.
(Added by Ord. 93-16, 11/23/93)
All facilities shall be located in areas where fire departments are able to immediately respond to hazardous waste emergencies, where mutual aid and immediate aid agreements are established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association and the Orange County Fire Department including a call response time for 80% of the service area with the first fire engine and paramedics unit to reach the site within five minutes. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled or the location of the facility.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories and hazardous waste storage facilities are prohibited in areas subject to inundation by floods with a 100 year return frequency, and shall not be located in areas subject to flash floods and debris flows.
(b) 
All other facilities shall avoid locating in floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.
(Added by Ord. 93-16, 11/23/93)
All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.
(Added by Ord. 93-16, 11/23/93)
Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean.
(Added by Ord. 93-16, 11/23/93)
(a) 
A residual repository shall be located away from the cone of depression created by pumping a well or well field 90 days. Location is preferred where the saturated zone predominantly discharges to non-potable water without any intermediate withdrawals for public water supply.
(b) 
All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for 90 days unless an effective hydrogeologic barrier to vertical flow exists.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility.
(b) 
At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board (RWQCB) permit requirements for groundwater monitoring.
(b) 
Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.
(b) 
Facilities with subsurface storage or treatment must be located at least one mile away from potential drinking water sources.
(c) 
All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.
(Added by Ord. 93-16, 11/23/93)
(a) 
Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.
(b) 
All other facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.
(b) 
All other facilities located in areas where existing groundwater quality is Class 1 or Class 2 should provide increased spill containment and inspection measures as specified by the Director of Community Development in accordance with standards designed to provide maximum protection to groundwater.
(Added by Ord. 93-16, 11/23/93)
All facilities with air emissions located in non-attainment areas and emitting air contaminants in excess of established limits will require pre-construction review under new source review requirements, and must obtain a permit to construct and a permit to operate from the South Coast Air Quality Management District.
(Added by Ord. 93-16, 11/23/93)
(a) 
Facilities are prohibited from locating in wetlands without a Section 404 Clean Water Act Permit, unless:
(1) 
Industrial usage is permitted,
(2) 
No filling is required; and
(3) 
Fish, plant and wildlife resources can be maintained and enhanced on a portion of the site, or preserved elsewhere in the area.
(b) 
Approval of Permits for facilities in wetlands areas shall be conditioned upon issuance of a Section 404 permit.
(Added by Ord. 93-16, 11/23/93)
Facilities are prohibited in habitats of threatened or endangered species or candidate threatened or endangered species unless the applicant obtains approval for a Habitat Conservation Plan meeting the requirements of the U.S. Fish and Wildlife Service and the California Department of Fish and Game.
(Added by Ord. 93-16, 11/23/93)
(a) 
Facilities shall not be located in areas zoned for agricultural uses.
(b) 
Incinerators shall not be located in areas where the emissions from the facility could directly impact food crops.
(Added by Ord. 93-16, 11/23/93)
(a) 
Residuals repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports.
(b) 
All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.
(Added by Ord. 93-16, 11/23/93)
Subject to other standards and criteria described herein, all facilities shall be located in areas best suited for providing services to the hazardous waste generators of the City of Dana Point. Facilities which will primarily serve generators from outside the City must demonstrate why the facility cannot be located closer to the points of hazardous waste generation to be serviced.
(Added by Ord. 93-16, 11/23/93)
Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.
(Added by Ord. 93-16, 11/23/93)
(a) 
Facilities shall be located such that any minor routes to and from state or interstate divided highways to or from the facility are used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, etc.) along such routes is minimal.
(b) 
The facility proponent shall evaluate the "population at risk" based on the Federal Highway Administration's Guidelines for applying criteria to designate routes for transporting hazardous materials. The "population at risk" factor should not exceed that for existing facilities. Sites with lower factors are preferred.
(Added by Ord. 93-16, 11/23/93)
The changes in the ratio of route capacity to average annual peak hour traffic shall be negligible after calculating the number of trucks on the major and minor routes expected to service the facility. To determine if a change in average annual peak hour traffic is negligible, the same standards of significant/insignificant impact utilized in the California Environmental Quality Act shall be used.
(Added by Ord. 93-16, 11/23/93)
The proposed facility shall be consistent with all General Plan requirements, the Zoning Code, and other planning actions or policies that were in place at the time the application was deemed complete.
(Added by Ord. 93-16, 11/23/93)
The City may, at its discretion, explore, review, and impose appropriate taxes, user fees, application filing fees, review fees, emergency response plan review fee and other revenue or compensation measures.
(Added by Ord. 93-16, 11/23/93)
(a) 
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility.
(b) 
The operator shall provide a 24 hour surveillance system which continuously monitors and controls entry onto the facility.
(c) 
Perimeter fencing shall be constructed which meets the requirements of the regulations implementing the Resource Conservation and Recovery Act, if applicable to the Project, or to the Director of Community Development's satisfaction.
(d) 
Signs with the legend "DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT," shall be posted at each entrance to the facility, and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least 25 feet.
(Added by Ord. 93-16, 11/23/93)
(a) 
Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of Dana Point is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been applied for or granted.
(b) 
The owner or operator of a facility shall report quarterly to the Community Development Department the amount, type, and disposition of all wastes processed by the facility. Included in the report will be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site.
(c) 
The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other Local, State or Federal Agencies to the Director of Community Development.
(d) 
The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Director of Community Development.
(Added by Ord. 93-16, 11/23/93)
The City may impose, as necessary, conditions and standards other than those presented in Sections 9.41.020 to 9.41.240 above in order to achieve the purposes of this Chapter and to protect the health, safety, or general welfare of the community. In addition to the conditions and standards imposed pursuant to this Section, the standards and conditions in Sections 9.41.250 to 9.41.310 of this Chapter shall also apply.
(Added by Ord. 93-16, 11/23/93)
No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Dana Point and not currently being managed by a facility located in Dana Point unless satisfactory compensation is made to the City or a joint powers agreement provides otherwise.
(Added by Ord. 93-16, 11/23/93)
Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved application for land use, including the Conditional Use Permit and Coastal Development Permit if required, must be approved by the City through an amendment to the Conditional Use Permit and Coastal Development Permit if required, before such modifications occur at the facility.
(Added by Ord. 93-16, 11/23/93)
Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services ("DHS"). The facility owner or operator shall maintain a current copy of the contingency plan approved by DHS at the Hazardous Waste Facility and provide current copies of the contingency plan to the Chief of Police, Fire Chief, each hospital within ten miles, and the Orange County Department of Environmental Health.
(Added by Ord. 93-16, 11/23/93)
The owner or operator of a hazardous waste facility project, prior to the local land use decision, shall submit to the Community Development Department a written closure plan approved by the Department of Health Services. All revisions to such closure plans shall also be submitted to the Community Development Department.
(Added by Ord. 93-16, 11/23/93)
Prior to issuance of an "Occupancy Permit" to begin the use identified in the land use decision, the applicant shall submit, to the City Manager/designee, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency.
(Added by Ord. 93-16, 11/23/93)
By submitting an application pursuant to the provisions of this Chapter, the applicant agrees to protect, indemnify, defend, and render harmless the City of Dana Point and its City Council, City Attorney, Planning Commission, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the site.
(Added by Ord. 93-16, 11/23/93)
No specified hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.
(Added by Ord. 93-16, 11/23/93)
Owners/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Director of Community Development. Such report shall be initialed by each person at the facility who has emergency response responsibilities.
(Added by Ord. 93-16, 11/23/93)
The facility owner/operator shall be responsible for all costs incurred by the City of Dana Point and its officers, agents, employees, or contractors, for responding to a release of hazardous wastes at or enroute to or from the facility.
(Added by Ord. 93-16, 11/23/93)
Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least 48 hours prior to such storage, treatment, disposal, or transportation.
(Added by Ord. 93-16, 11/23/93)
The City of Dana Point may employ any and all methods permitted by a law to enforce any and all provisions of this Chapter.
(Added by Ord. 93-16, 11/23/93)
(a) 
The findings specified in this Section shall be made in writing prior to making a land use decision which will allow the siting of a hazardous waste facility project:
(1) 
The project will be consistent with the General Plan, when adopted.
(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 served by roads and other public or private service facilities.
(4) 
The Project has met or exceeded each requirement of this Chapter.
(5) 
The environmental impacts identified in the Environmental Impact Report or Proposed Negative Declaration have been adequately mitigated and a Mitigation Reporting and Monitoring Program has been established for each mitigation measure.
(Added by Ord. 93-16, 11/23/93)
The life of the land use decision shall be determined at the time of approval and shall not exceed 10 years. The project proponent shall commence substantial construction of the facility within two years of the land use decision and such construction must be pursued diligently to completion.
(Added by Ord. 93-16, 11/23/93)
Appeal of decisions by the City Council pertaining to specified hazardous waste facilities projects shall be filed with the Office of the Governor of the State of California in accordance with Health and Safety Code Section 25199.9 et seq. The decision entered by the City Council for all other facilities shall be deemed final.
(Added by Ord. 93-16, 11/23/93)