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. The zoning ordinance has been amended to implement general policies regarding hazardous waste management facilities pursuant to State Assembly Bill No. 1201 - Tanner, 1989; Assembly Bill 2948 - Tanner, 1986; and Assembly Bill 477 - Greene, 1987 (Chapter 6.5 of the California Health and Safety Code), and Program A-3 in the Orange County Hazardous Waste Management Plan.
(Ord. 1598)
For the purpose of this section the terms listed in this section shall be defined as follows; provided, however, references to statutes or regulations in existence at the time this chapter is adopted shall also include references to such statutes or regulations as they may be amended or changed in the future:
Applicant:
any person applying to the city for a conditional use permit or a land use decision concerning a specified hazardous waste facility, as defined under the term "proponent" of State Health and Safety Code Section 25199.1(i).
General Fund:
the State of California General Fund.
Governor's Appeal Board:
a board formed to review the appeal by an "applicant," as defined herein, of a specified hazardous waste facility land use decision disapproved by the city or of one or more conditions of approval placed on an approved specified hazardous waste facility or an appeal by an "Interested person," as defined herein. The Governor's Appeal Board's membership, purpose and procedures are defined by State Health and Safety Code Sections 25199.9 through 25199.14.
Hazardous Waste:
any material identified in:
1. 
Section 25115 or 25117 of the California Health and Safety Code as set forth in Section 66680 and 66684 of Title 22 of the California Administrative Code; or
2. 
The Code of Federal Regulations, Title 40, Sections 261.31 through 261.33.
Health and Safety Assessment:
a technical and environmental evaluation of a proposed facility, site, and surrounding area prior to consideration of a conditional use permit application. The assessment shall consider the qualities and the physical and chemical characteristics of those specific types of waste that would be handled. The assessment shall include a hydraulic evaluation as well as an evaluation of the 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:
schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.
Interested Person:
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 by State Health and Safety Code Section 25199.1(c) includes, but is not limited to, the giving of oral or written testimony at a meeting or hearing, submission of questions at a meeting or hearing, or attendance at the meeting or hearing.
Land Use Decision:
a discretionary decision of the city concerning a specified hazardous waste facility including the issuance of 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):
a state-required committee of locally appointed representatives, designed to represent, generally, the interests of the residents in the city and residents in adjacent communities in meetings with the applicants of a proposed hazardous waste facility. The membership, duties, and mission of the committee are defined by State Health and Safety Code Section 25199.7(d), as reiterated under Section 11.4.60.035: Local Assessment Committee, below.
Off-site Hazardous Waste Facility:
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):
the State of California Office of Permit Assistance.
Office of Planning and Research (OPR):
the State of California Office of Planning and Research.
Residuals Repository:
a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.
Specified Hazardous Waste Facility:
a specific off-site facility project proposal.
(Ord. 1598)
The specific requirements of this section are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer and disposal facilities as defined in Section 11.4.60.010: Definitions.
A. 
The off-site facility definition does not apply to:
1. 
Transportable Treatment Units (TTU), which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time; or
2. 
Permanent on-site hazardous waste facilities at locations where hazardous waste are produced, and which are owned by, leased to, or under the control of the producer of the waste.
B. 
All such facilities (i.e., off-site, on-site, and TTUs) shall require state licensing to install and operate.
(Ord. 1598)
The following procedures are for the purpose of identifying the steps for processing a conditional use permit application pursuant to Chapter 11.5.20: Development Permits, for a specified off-site hazardous waste facility. These procedures include the steps to be taken by the applicant, state and city.
A. 
At least 90 days before filing an application with the city for a conditional use permit for a specified hazardous waste facility project, the applicant shall file, with the Office of Permit Assistance (OPA) in the State's Office of Planning and Research and with the city, a notice of intent to make an application. The notice of intent shall specify the location to which the notice of intent is applicable and shall contain a complete description of the nature, function and scope of the project. The OPA shall immediately notify the affected state agencies of the notice of intent. The city shall publish a notice in a newspaper of general circulation in the area affected by the proposed project, shall post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment role. A notice of intent is not transferable to a location other than the location specified in the notice and shall remain in effect for one year from the date it is filed with a local agency or until it is withdrawn by the proponent, whichever is earlier. The project applicant shall pay a city-imposed fee equal to the cost of notification required by this section (requirement of Section 25199.7(a) of the California Health and Safety Code).
B. 
Within 90 days after a notice of intent is filed with the OPA, the OPA shall convene a public meeting within the city to inform the public of the nature, function, and scope of the proposed facility project and the procedures that are required for considering applications for the project. OPA shall provide notice to the city setting forth the location and time of the meeting so that City representatives may attend. (Requirement of Section 25199.7(c) of the California Health and Safety Code.)
C. 
Any time after receiving notification of the filing of a notice of intent but no later than 30 days after the application for a specified hazardous waste facility project is accepted as complete, the city council shall appoint a 7-member Local Assessment Committee (LAC) pursuant to the provisions of Section 11.4.60.035: Local Assessment Committee. The project applicant shall pay a fee to cover the city's costs of establishing and convening the local assessment committee. The fee shall accompany the application for a land use decision. (Requirement of Section 25199.7(d) of the California Health and Safety Code.)
D. 
The city shall notify the OPA within 10 days after an application for a land use decision (conditional use permit) for a specified hazardous waste facility project is accepted as complete by the city. Within 60 days after receiving this notice, the OPA shall convene a meeting of the lead and responsible agencies for the project, the applicant, the LAC and the interested public, for the purpose of determining the issues which concern the agencies that are required to review the project and the issues which concern the public. The meeting shall take place in the city. (Requirement of Section 25199.7(4)(e) of the California Health and Safety Code.)
E. 
Following the meeting as contemplated in Section 11.4.60.020.D., the applicant and the LAC 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 may be acceptable to the community. (Requirement of Section 25199.7(4)(f) of the California Health and Safety Code.)
F. 
At the request of the applicant, the city council shall, within 60 calendar days after the city has determined that an application for a conditional use permit for a hazardous waste facility is complete, issue an initial written determination on whether the hazardous waste facility project is consistent with both the city General Plan and Zoning Ordinance in effect at the time the application was received, and the Orange County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California Health and Safety Code.)
1. 
If the LAC finds that it requires assistance and independent advice to adequately review a proposed hazardous waste facility project, it may request technical assistance grants from the city to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use technical assistance grant funds made available to it to hire a consultant to do either, or both, of the following:
a. 
Assist the committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act (Division 13, commencing with Section 21000, of the Public Resources Code) and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit.
b. 
Advise the LAC in its meetings and discussion with the facility proponent to seek agreement on the terms and conditions under which the project may be acceptable to the community.
2. 
The project applicant shall pay a fee equal to the amount of any technical assistance grant provided to the LAC from the city.
3. 
The city shall deposit any fee imposed in an account created in the city, maintain records of all expenditures from the account, and return any unused funds and accrued interest to the project applicant upon completion of the review of the proposed hazardous waste facility project. (Requirement of Section 25199.7 of the California Health and Safety Code.)
G. 
An applicant may file an appeal of a use permit determination made by the final approval body for a specified hazardous waste facility project with the Governor or the Governor's designee. (Requirement of Section 25199.9 of the California Health and Safety Code.)
(Ord. 1598)
In connection with a submittal of a conditional use permit application pursuant to Chapter 11.5.20: Development Permits, for an off-site hazardous waste facility, the applicant shall submit:
A. 
A completed application form.
B. 
A completed environmental assessment form.
C. 
Property owner verification/permission for request.
D. 
A deposit/fee as required by city council resolution.
E. 
A scaled 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;
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 100-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;
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.
F. 
A preliminary geological study of the property and surrounding area which incorporates as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers.
G. 
A report identifying of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.
H. 
A report identifying 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.
I. 
Within 45 days of a scheduled public hearing on an environmental document or the conditional use permit, 5 sets of mailing labels and an original copy as outlined in Section 11.4.60.040: Public Hearings.
J. 
A schedule that clearly sets forth ample opportunity for public input into the proposed project prior to any formally advertised and scheduled public hearings, in order to ensure adequate public testimony on the project in an effort to mitigate all public concerns prior to the formal review.
K. 
A written plan that identifies an ongoing monitoring program to ensure no unintentional release of any hazardous substance from the site. This shall include any ongoing monitoring necessary by other permitting agencies such as State Department of Health Services, the South Coast Air Quality Management District, Environmental Protection Agency, Santa Ana Regional Water Quality 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 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 constituents which could threaten human health or the environment. The preliminary contingency plan shall address the requirements included in Section 11.4.60.060.C: Contingency Plan.
M. 
A letter of justification describing how the proposed project will meet the findings in Section 11.4.60.045: Findings.
N. 
Other information as required by the director to demonstrate compliance with the facility siting criteria as outlined in Section 11.4.60.055: Facility Siting Criteria and Permitting Requirements.
(Ord. 1598)
A. 
The project shall be subject to environmental analysis 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. 
At least 2 reasonable alternatives to the project which shall be reviewed pursuant to the California Environmental Quality Act (Public Resources Code Section 15060(d)).
2. 
Visual, noise and any olfactory impacts associated with the project and recommended mitigation measures.
3. 
All anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area.
4. 
All probabilities of accidents or spills at the site, as well as, transportation-related accidents from the point of origin to the facility. Such health and safety assessment shall identify mitigation measures to reduce identified risks. The assessment shall identify the most probable routes for transporting hazardous wastes to the facility from within Orange County and Los Angeles County.
5. 
Traffic impacts associated with the project and recommended mitigated measures.
6. 
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. 1598)
Pursuant to Section 11.4.60.020.C: Procedure, the city council shall appoint a local assessment committee (LAC) comprising at least 7 members.
A. 
Membership. The membership of the LAC shall:
1. 
Be broadly constituted to reflect the makeup of the community and shall include 3 representatives of the community at large, 2 representatives of environmental or public interest groups, and 2 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. (Requirement of Section 25199.7(d)(1) of the California Health and Safety Code.)
2. 
Advise the city of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community. The LAC shall do the following:
a. 
Enter into a dialogue with the applicant for the proposed hazardous waste facility project to reach an understanding with the applicant on:
i. 
The measures that should be taken by the applicant in connection with the operation of the proposed hazardous waste facility project to protect the public health, safety, and welfare, and the environment of the city.
ii. 
The special benefits and remuneration the applicant will provide the city as compensation for the local costs associated with the operation of the facility. (Requirement of Section 25199.7(d)(2)(a) of the California Health and Safety Code.)
3. 
Represent generally, in meetings with the applicant, the interests of adjacent communities (requirement of Section 25199.7(d)(2)(B) of the California Health and Safety Code).
4. 
Receive and expend the technical assistance grants made available as specified in Section 4.60.020.F (requirement of Section 25199.7(d)(2)(C) of the California Health and Safety Code).
5. 
Adopt rules and procedures which are necessary to perform its duties as outlined herein (requirement of Section 25199.7(d)(2)(D) of the California Health and Safety Code).
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 legislative body of the city may use this advice for its independent consideration of the project (requirement of Section 25199.7(d)(2)(E) of the California Health and Safety Code).
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 (requirement of Section 25199.7(d)4) of the California Health and Safety Code).
B. 
The approval body shall provide staff resources to assist the LAC in performing its duties (requirement of Section 25199.7(d)(3) of the California Health and Safety Code).
C. 
If the LAC and the applicant cannot resolve any differences through the meetings specified in Section 11.4.60.020: Procedure; subsection E, the OPA may assist 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. 1598)
A. 
Information Required for Public Hearing. The applicant shall provide the following information on 5 sets of mailing labels and an original set within 45 days of a scheduled public hearing:
1. 
A listing of all property owners within 500 feet of the boundaries of the proposed project as shown on the latest equalized assessment roll of Orange County.
2. 
A listing of all addresses within 500 feet of the boundaries of the proposed project if:
a. 
The property is not occupied by the property owner (tenant occupied); or
b. 
The property is not yet listed on the latest equalized assessment roll of Orange County.
3. 
A listing of all owners associations governing property within 500 feet of the boundaries of the proposed project.
4. 
A map which is keyed to all of the above listings.
B. 
Public Notices.
1. 
Notice of a public hearing shall be given not less than 15 days nor more than 60 days prior to the date of the hearing.
2. 
Notices shall contain information on the project, including a brief description of the proposal, the environmental review status, and the hearing date, time and location.
3. 
Notices shall be mailed out to all names on the list required by Section 11.4.60.040.A: Information Required for Public Hearing.
4. 
Notices shall be displayed on the property and at public posting sites designated by the city council and/or published in newspaper(s) of general circulation.
C. 
Public Hearings.
1. 
The director 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 required in Section 11.4.60.045: Findings.
D. 
Time Limits. The conditional use permit for a hazardous waste facility shall become valid 15 days after the date of the decision by the planning commission unless appealed. If appealed and then approved by the city council, it shall become valid on the date of city council adoption of the resolution of approval.
(Ord. 1598)
No conditional use permit shall be granted pursuant to Chapter 11.5.20: Development Permits, unless the planning commission adopts a resolution setting forth the following findings:
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 Orange County Hazardous Waste Management Plan.
E. 
The project will comply with the facility siting criteria per Section 11.4.60.055: Facility Siting Criteria and Permitting Requirements.
(Ord. 1598)
A. 
Any decision of the planning commission may be appealed to the city council by the applicant, the city council, or any interested person as defined in Section 11.4.60.010: Definitions within 15 days of the date of the decision.
B. 
Appeals shall be filed with the city clerk and shall be accompanied by a letter stating the reasons for the appeal. The city clerk shall schedule the appeal for a hearing within 60 days of receipt of the appeal.
C. 
An appeal shall be accompanied by a deposit/fee as required by the city council. An appeal by a member of the city council shall not be subject to the payment of a deposit/fee.
D. 
The city council shall hold at least one public hearing on any appeal in accordance with Section 11.4.60.040: Public Hearings.
E. 
The city council may affirm, reverse or modify the previous decision. The decision of the city council shall be final unless appealed pursuant to subsection F of this section.
F. 
An applicant or an interested person may file an appeal of a conditional use permit determination made by the city council to the Governors Appeals Board within 30 days after the date the city takes final action on the land use decision pursuant to the California Health and Safety Code Section 25199.9. An interested person may appeal only on the basis that the conditions imposed do not adequately protect the public health, safety or welfare. Procedures for filing an appeal are outlined in Sections 25199.9 through 25199.14 of the California Health and Safety Code.
(Ord. 1598)
The following siting criteria has been established for use by hazardous waste facility applicants in locating and designing suitable facility sites and appropriate facilities, and by the city in evaluating proposed sites and facility projects. The purpose of the criteria are to reduce public health and environmental risks and governmental costs associated with development of the facility (reference: "January 1989 Orange County Hazardous Waste Management Plan, with Amendments June 1991" - Table V-3).
A. 
Protect the Residents of Orange County (and Seal Beach).
1. 
Health and Safety Assessment.
All Facilities: Facilities shall be sited so as not to create significant risks or cause adverse impacts to the health and safety of populations in surrounding public and private areas, as determined by a Health and Safety Assessment. A Health and Safety Assessment by a qualified preparer is required for a proposed facility prior to approval of a local permit, to provide technical and environmental evaluation of the proposed facility, site, and surrounding area. A Health and Safety Assessment will provide the information and analysis needed to demonstrate compliance of the proposed facility with the siting criteria. The scope of the assessment will vary according to the size, type and proposed location of the facility. It is not intended that the Health and Safety Assessment duplicate information developed for environmental impact reports or risk assessments required under local, state or federal regulations. When environmental impact reports and health risk assessments are required, their scopes should provide the information and analysis required, and thereby suffice for the Health and Safety Assessment.
The Health and Safety Assessment shall evaluate, at minimum, the area within 2,000 feet of the site, which is designated as 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 onsite trained personnel and equipment.
Avoidance or mitigation of potential significant health or safety risks must be demonstrated to the satisfaction of the local permitting agency and the California Department of Health Services.
2. 
Distance from Populations.
Treatment, Recycling and Collection Facilities: Facilities shall comply with local minimum zoning code setbacks, unless a greater buffer distance from other uses is deemed necessary, based on a required Health and Safety Assessment.
Residuals Repositories: A minimum buffer distance of 2,000 feet from residences and other sensitive land uses is required for a hazardous waste residuals repository 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.
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.
Treatment, Recycling and Collection Facilities: Facilities may be located in areas subject to 100-year flooding only if protected by offsetting engineered improvements, such as berms or raising the facility above flood levels. This includes areas subject to flooding by dam or levee failure and natural causes such as river flooding, flash floods, rainfall or 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.
Residuals Repositories: Repositories are prohibited from locating in floodplain areas subject to 100-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 Administrative Code (CAC), Title 22, Section 66391(a)(11)(b).
2. 
Earthquakes.
All Facilities: Facilities must have a minimum of 200-foot setback from active or recently active earthquake faults, per the California Administrative Code (CAC), Title 22, Section 6391(a)(11)A(1) and (2). The required Health and Safety Assessment will address earthquake safety of the facility.
3. 
Unstable Soils.
Treatment, Recycling and Collection Facilities: Facilities are prohibited from locating in areas of potential rapid geologic change, unless the facility and its containment structures have engineered design features to assure structural stability. This includes areas with unstable soils, steep slopes, and areas subject to liquefaction, subsidence or other severe geologic constraints. The required Health and Safety Assessment will include a geologic report defining any such constraints and engineered solutions.
Residuals Repositories: Repositories are prohibited form 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.
C. 
Protect Surface and Groundwater Quality.
1. 
Containment and Groundwater Monitoring.
All Facilities: Facilities shall be fully enclosed by containment structures of impermeable materials which would contain any unauthorized release of hazardous material. Facilities shall be equipped with leak detection, 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.
2. 
Water Quality.
All Facilities: Facilities shall not be sited within watershed areas which flow to open reservoirs or aqueducts that contain drinking water supplies. Facilities shall not be located such that domestic water supply wells can be adversely affected from unauthorized releases of contaminants. As a guideline, facilities should not be located within 1 mile of domestic supply wells in the Forebay area (principal recharge area to the Orange County groundwater basin), or 0.5 miles 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 be located 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 be located where they may 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, or subsequent Board Resolution). The required Health and Safety Assessment will identify water quality issues. Facilities must meet federal, state and local water quality requirements.
Treatment, Recycling and Collection Facilities: Facilities are encouraged to locate outside of structured recharge areas to regional aquifers as defined in local or state plans, including injection barrier well areas. Facilities may locate in the following areas only with increased engineered design features such as horizontal and vertical containment and monitoring systems to ensure protection:
a. 
Major aquifer recharge areas;
b. 
Areas of permeable strata and soils;
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.
Residuals Repositories: Repositories are prohibited from locating in principal recharge areas to regional aquifers as defined in local or state plans, including the Forebay area. Repositories are prohibited in areas of high permeability (such as sand and gravel) per the requirements of the State Water Quality Control Board and California Code of Regulations, Title 23, Subchapter 15, Section 2531(b). Repositories may locate only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or man-induced conditions) to the extent that it is not considered for beneficial use by the Basin Plan. Repositories must be sited, designed and operated to ensure that hazardous materials will always be above the tension-saturated zone.
3. 
Wastewater.
All Facilities: Facilities generating wastewaters should locate in areas with adequate industrial sewer capacity. The quality of wastewater must meet all federal, state and local agency discharge requirements and the facility must obtain a valid industrial wastewater discharge permit.
D. 
Protect Air Quality.
1. 
Air Quality Non-Attainment 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 non-attainment 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.
E. 
Protect Environmentally Sensitive Areas.
1. 
Wetlands.
All Facilities: Facilities are prohibited from locating in wetlands such as saltwater, fresh water and brackish marshes, swamps and bogs, as defined in local, regional and state plans and policies (generally, areas inundated by surface or groundwater with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction).
2. 
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.
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.
Collection Facilities: Low-volume transfer and storage facilities may locate in protected, recreational, cultural or aesthetic resource areas, as defined by local, regional, state or national plans or policies, only if necessary to handle hazardous wastes generated by workers, residents, or visitors in these areas.
Treatment and Recycling Facilities and Residuals Repositories: Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies.
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.
6. 
Military Lands.
All Facilities: Facilities are prohibited from locating on military lands by the policy of the U.S. Department of Defense (DOD).
F. 
Ensure Safe Transportation of Hazardous Waste.
1. 
Proximity to Waste Generation Areas.
Treatment, Recycling and Collection Facilities: Facilities should locate close to sources of hazardous waste generation (generally industrial areas) to minimize the risks of transportation.
Residuals Repositories: Repositories may be located further from the sources of hazardous waste generation than other facilities because of the need for greater operating areas and buffer zones.
2. 
Proximity and Access to Major Routes.
All Facilities: Facilities shall be located 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.
G. 
Protect the Social and Economic Goals of the Community.
1. 
Consistency with General Plan.
All Facilities: Facilities must be consistent with local planning policies, including the city or county general plan and zoning ordinances.
2. 
Fiscal Impact.
All Facilities: A facility's fiscal impact upon the city must be delineated.
3. 
Socioeconomic Impacts.
All Facilities: The city shall require the facility developer to fund an independent study on socioeconomic impacts of the facility.
4. 
Consistency with Orange County Hazardous Waste Management Plan.
All Facilities: Facilities shall be consistent with the goals and policies of the Orange County Hazardous Waste Management Plan, and must demonstrate compliance with the siting criteria established herein.
Facilities shall be consistent with the fair share principal, and with any inter-jurisdictional 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 inter-jurisdictional agreement.
(Ord. 1598)
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 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 of the language predominate in the area surrounding the facility, and shall be legible from a distance at least 50 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 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 or her findings as per the following subparagraphs d and e.
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 number 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-ups, gas generation or ruptures in valves, pipes or other equipment as appropriate.
h. 
Immediately after an emergency, the emergency coordinator shall provide for treating, storing or disposing of recovered waste, contaminated soil or surface water, or any other material resulting from a release, fire or explosion.
i. 
Other activities required of the emergency coordinator after an emergency are:
i. 
No wastes incompatible with the release material is handled until clean-up 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 days submit a written report on the incident to the State Department of Health Services. The report shall include:
i. 
Name, address and telephone number of the owner/operator;
ii. 
Name, address and telephone number of the facility;
iii. 
Date, time and type of incident;
iv. 
Name and quantity of materials involved;
v. 
Extent of any injuries;
vi. 
Assessment of actual or potential hazards to human health or the environment, where applicable; and
vii. 
An estimate of the quantity of material recovered and its disposition.
d. 
A copy of the contingency plan shall be maintained at the facility. A copy shall be sent to Public Safety, Orange County Fire Authority, surrounding hospitals, Orange County Health Care Agency, and other regulatory agencies as deemed appropriate.
e. 
The contingency plan shall be reviewed and amended when any of the following occur:
i. 
The facility permit is revised;
ii. 
Applicable regulations are revised;
iii. 
The plan fails in an emergency;
iv. 
Operations at the facility change in a way that materially increases the potential of fire, explosion or unplanned release of hazardous waste;
v. 
The list of emergency coordinators changes;
vi. 
The list of emergency equipment changes.
D. 
Monitoring.
1. 
Upon reasonable notice, the city, their designated representatives and representatives of other agencies may enter a parcel on which a 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. 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.
E. 
Closure Plan. The owner or operator of a hazardous waste management facility shall submit a written closure plan. A copy of the approved plan and all revisions to the plan shall be kept at the facility until closure is completed. The plan shall identify steps necessary to completely or partially close the facility at any point during its intended operating life and to completely close the facility at the end of 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. 
An estimate of the expected year of closure and a schedule for final closure. The schedule shall include a minimum, the initial time required to close the facility and the time required for intervening closure activities which will allow tracking of the progress of closure.
The owner or operator may amend the 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 of 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 reclamations, provisions for maintenance of the project and finally the requirements for long-term monitoring of the reclaimed area to insure no hazardous materials are leaking from the site.
6. 
The plan shall indicate financial arrangements (irrevocable trust or other form of security arrangement) for the purpose of providing funds for the closure of its site and its long-term post-closure monitoring maintenance, per Section 4.60.060.F: Financial Responsibility, paragraph 3.
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. 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. Applicant shall provide a bond in an amount to be determined by the city for purposes of closure of the site.
4. 
The owner/operator shall defend, indemnify, and hold harmless the city, its officers, agents, servants, and employees from all claims, actions or liabilities arising out of the issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
G. 
Use of Permit.
1. 
A 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.
2. 
Conditional use permits granted for an off-site hazardous waste facility shall be used within 3 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 5 years; otherwise, the permit shall be null and void. Notwithstanding the foregoing, if a permit is required to be used within less than 5 years, the permittee may, prior to its expiration, request an extension of time in which to use the permit. A request for extension of time shall be made to the final approval body, on forms provided by the development services department and shall be filed with the director, accompanied by the appropriate fee. Within 60 days following the filing of a request for an extension, the director shall set the matter as an advertised public hearing on the regular agenda of the final approval body. An extension of time may be granted by the final approval body upon a determination that valid reason exists for permittee not using the permit within the required period of time. If an extension is granted, the total time allowed for use of the permit shall not exceed a period of 10 years, calculated from the effective date of the issuance of permit. The term "use" shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion.
3. 
Permit Review and Renewal. Permit review and renewal shall be determined at the time of approval and shall not exceed 5 years.
(Ord. 1598)