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).
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.
Residuals Repository:a waste disposal facility specifically restricted to receiving only residuals from hazardous waste treatment facilities.
(Ord. 1598)