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. These standards, regulations and process are intended to be consistent with Article 8.7 of the California Health and Safety Code, applicable portions of the Alameda County Hazardous Waste Management Plan and the City General Plan.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
A. 
The specific requirements of the ordinance codified in this chapter are applicable to the siting and development of off-site hazardous waste treatment, storage or transfer facilities. Off-site hazardous waste facilities mean those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at least two producers of hazardous wastes which are not located on the same property as the hazardous waste facility. Consistent with the Alameda County hazardous waste management plan, off-site hazardous waste facilities only include those facility types as defined by the plan for small-scale transfer and storage including hazardous waste collection facilities, and industrial transfer, storage and treatment facilities.
B. 
The off-site facility definition does not apply to:
1. 
Transportable treatment units (TTUs) 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.
C. 
Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City.
D. 
All such facilities (i.e., off-site, on-site, household hazardous waste collection and TTUs) shall obtain all necessary State licensing to install and operate.
E. 
A conditional 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.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
The information listed below is required at the time a hazardous waste facility application for an off-site facility is submitted to the Economic and Community Development Department:
A. 
A complete development case application signed by the property owner or its authorized representative;
B. 
A nonrefundable deposit or fee as set forth by ordinance or resolution of the City Council;
C. 
Any deposit for technical assistance pursuant to Section 25199.7(g) of the State Health and Safety Code;
D. 
A letter of justification describing the proposed project and explaining how it will satisfy the findings in Section 18.42.100;
E. 
Information required for public meetings and hearings, as determined by the Director;
F. 
A scaled, fully-dimensioned site plan 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 and location of truck routes,
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 aboveground 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,
14. 
Landscape plans showing theme and location of all landscape areas,
15. 
Building elevations showing building height, exterior materials and architectural theme, and
16. 
Other information as required by the Director;
G. 
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. 
Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;
I. 
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;
J. 
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;
K. 
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 Bay Area Air Quality Management District (BAAQMD), Environmental Protection Agency (EPA), San Francisco Bay Regional Water Quality Control Board, etc.;
L. 
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 18.42.070(C);
M. 
Other information as required by the Director to demonstrate compliance with the facility siting criteria as outlined in Section 18.42.060.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
A. 
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).
B. 
The environmental analysis shall address, but not be limited to, the following:
1. 
Describe at least two reasonable alternatives to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 15060(d));
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 analyses 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 Alameda and, if applicable, Santa Clara Counties;
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 (CEQA).
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
The following siting criteria has been established for use by hazardous waste facility project proponents 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 is to reduce public health and environmental risks and governmental costs associated with development of off-site hazardous waste facilities.
A. 
Protect the Residents of Alameda County (and the City).
1. 
Health and Safety Assessment. Industrial 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 the potential impact of the proposed facility on existing and planned residences and immobile populations, at minimum, the buffer area prescribed by the Alameda County Hazardous Waste Management Plan. For purposes of this chapter, areas within the Station Mixed Use Commercial (CSMU) district shall be considered residential. 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 operations practices. The justification for any reduction in buffer areas of the facility from residential areas or immobile populations below that prescribed by the Alameda County hazardous waste management plan 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.
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.
Small-Scale Transfer and Storage Facilities. Small-scale transfer and storage facilities may be required to provide a health and safety assessment to address all or part of the items identified above, as determined by the Director.
2. 
Distance from Populations. All 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.
B. 
Ensure the Structural Stability of the Facility.
1. 
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.
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 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 undulation or washout.
2. 
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 6391(a)(f11)A(1) and (2). The required health and safety assessment will address earthquake safety of the facility. Refer to the "Earthquake Fault Zone" map located in City Hall.
3. 
Unstable Soils. All 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 constraints and engineered solutions.
C. 
Protect Surface and Groundwater Quality.
1. 
Groundwater. 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.
Facilities are encouraged to locate outside of known or suspected principal recharge areas to regional aquifers as defined in local or State plans and areas of permeable strata and soils as defined by the Alameda County hazardous waste management plan. Facilities may locate in these areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment facilities must provide secondary containment and shall be sited, designed and operated to ensure that hazardous materials will always be twenty feet (20) above the tension-saturated zone unless approved by the Alameda County Water District.
Facilities are also encouraged to locate outside of areas where groundwater is within 20 feet of the natural land surface. Facilities may locate in these areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection. Subsurface storage or treatment operation is prohibited.
Industrial Facilities. 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.
2. 
Surface Water Quality. All Facilities. Developers shall comply with the requirements of the Alameda County-wide clean water program.
3. 
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.
D. 
Protect Air Quality.
1. 
Air Quality Nonattainment and PSD Areas. All Facilities. Facilities may be sited in nonattainment and PSD (prevention of significant deterioration) areas only if they meet the requirements of the Bay Area Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility.
E. 
Protect Environmentally Sensitive Areas.
1. 
Wetlands. All Facilities. Facilities are prohibited from locating in wetlands such as saltwater, freshwater 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).
2. 
Animal and Plant Habitats. All Facilities. Facilities are prohibited from locating within critical habitats of endangered species, defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as endangered or threatened by the U.S. Department of Interior or the State of California.
3. 
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.
4. 
Recreational, Cultural and Aesthetic Resources. Small-Scale Transfer and Storage 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.
Industrial Facilities. Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, State or national plans or policies.
5. 
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. 
Ensure Safe Transportation of Hazardous Waste.
1. 
Proximity to Waste Generation Areas. All Facilities. Facilities shall locate in light industrial and general industrial districts at locations close to sources of hazardous waste generation to minimize the risks of transportation.
2. 
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 be on industrial streets, accessible to designated truck routes, 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.
G. 
Protect the Social and Economic Goals of the Community.
1. 
Consistency with General Plan and Zoning. All Facilities. Facilities must be consistent with local planning policies, including the City General Plan and zoning title.
2. 
Fiscal Impact. All Facilities. A facility's fiscal impact to the City must be demonstrated.
3. 
Socioeconomic Impacts. All Facilities. The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility.
4. 
Proximity to Public Services. All Facilities. Facilities shall be served by necessary public services including but not necessarily limited to sewer, water, electricity, gas and telephone. The site shall be located within a three minute response time from the nearest fire station.
5. 
Consistency with Alameda County Hazardous Waste Management Plan. All Facilities. Facilities shall be consistent with the goals and policies of the Alameda County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established by this chapter. 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 Alameda County, or to meet the County's broader regional commitments under an interjurisdictional agreement.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
A. 
General Conditions. The City may impose conditions on the granting of a conditional use permit for a hazardous waste facility 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.
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 to completely surround 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 language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger – Hazardous Waste Area – 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 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 or her findings as per subsection (C)(3)(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, the City Environmental Programs and the Fire Department 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 build-up, 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 released material is handled until cleanup is completed; and
(ii) 
Emergency equipment is cleaned and ready for use before operations are resumed.
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 calendar 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 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 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 City Environmental Programs Division, Fremont City Fire Department, surrounding hospitals, Alameda 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, its designated representatives, or representatives of other agencies, may enter a parcel on which a conditional 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 conditional 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.
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 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, at 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 or 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 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 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, per Section 18.42.070(F) below.
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 type of hazardous wastes and a 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. Applicants 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.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
A. 
Pursuant to Section 25199.7(d) of the State Health and Safety Code, the City Council shall appoint a seven-member Local Assessment Committee (LAC). The membership, responsibilities and duties shall be consistent with the provisions of Section 25199.7 of the State Health and Safety Code. The LAC shall cease to exist after the 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 Council 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).
C. 
If the LAC and the applicant cannot resolve any differences through the meetings specified by State law, Office of Permit Assistance (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. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
Hearings and public notices shall be consistent with the applicable requirements of Article 8.7 of Chapter 6.5 in Division 20 of the State Health and Safety Code and Chapter 18.56, Use Permits, of this title.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
In order for the Planning Commission to approve a hazardous waste facility application, the Commission must act on this application prior to approving a conditional use permit for a hazardous waste facility. The Planning Commission shall find that:
A. 
The project is consistent with the City's General Plan and zoning title.
B. 
The project is not detrimental to the public 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 is consistent with the regional fair-share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan.
E. 
The project complies with the facility siting criteria per Section 18.42.060.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
An applicant or an interested person may file an appeal of a land use decision made by the City to the Governor's Appeal Board within 30 calendar days after the date the City takes final action on the land use decision pursuant to California Health and Safety Code Section 25199.9 Procedures for filing an appeal are outlined in Section 25199.14 of the California Health and Safety Code.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
A. 
A conditional use permit granted for an off-site hazardous waste facility shall be exercised within two 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. The term "exercised" means the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.
B. 
Permit review and renewal shall be determined at the time of approval and shall not exceed five years.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
Household hazardous waste collection facilities which meet the requirements of Article 10.8 of Chapter 6.5 in Division 20 of the State Health and Safety Code shall meet the requirements of this chapter provided that the Director may exempt informational or analysis requirements of Sections 18.42.040, 18.42.060 and 18.42.070 where the data are determined to be nonessential for the approval of the permit.
(Ord. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)
In the event that any one or 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. 479-96 § 2, 1996; Ord. 670-06 § 3, 2006)