The purpose of this chapter is to establish uniform standards in order to regulate the location, design, operation and maintenance of hazardous waste facilities and to protect the health, quality of life and the environment of the City, based upon the following policies:
1. 
Prioritize hazardous waste management strategies as follows:
A. 
Source reduction (first);
B. 
On-site recycling (second);
C. 
Off-site recycling (third);
D. 
On-site treatment (fourth);
E. 
Off-site treatment (fifth); and
F. 
Disposal (sixth).
2. 
Public participation shall be the highest priority during the process of siting hazardous waste facility projects;
3. 
The City shall cooperate with other local, State and Federal agencies to efficiently regulate the management of hazardous materials and waste;
4. 
Transportation of hazardous waste shall be minimized, and regulated to the maximum extent feasible, in order to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the City limits; and
5. 
Strict enforcement of regulations governing the discharge of hazardous wastes into the City sewer system.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
As applied to this chapter, the terms: "hazardous waste," "hazardous waste facility," or "facility," "hazardous waste facility project," and "specified hazardous waste facility project" are defined by State law (Health and Safety Code Sections 25117, 25117.1, 25199.1 [b], 25199.1[n], respectively).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
All hazardous waste facilities are limited to the MPD zoning district and shall require the approval of a Conditional Use Permit in compliance with Chapter 2, Article 11, in addition to complying with State law (Health and Safety Code Section 25199 et seq.).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
In addition to standards outlined in this chapter, Municipal Code, and State law, the following shall apply:
1. 
Proximity to Populations. For a residual repository, as defined by State law (Health and Safety Code 25204), the distance from the active portion of the facility to one or more residences shall be a minimum of 2000 feet. Treatment and storage facilities, as defined by State law (Heath and Safety Code 25123.3), shall comply with all development standards (i.e., setbacks, height, etc.) for the MPD zoning district, unless a greater distance is justified, based upon the findings of a risk assessment;
2. 
Proximity to Immobile Populations. A risk assessment shall be prepared by the operator and reviewed by the Department as part of the permit process, which details the maximum credible accident resulting from the facility operations and its impact on all immobile populations within the City. The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility. Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry and a variety of options and related procedures for significantly reducing identified risks;
3. 
Capability of Emergency Services. All facilities shall be located in areas where County fire units are able to immediately respond to hazardous materials accidents and where emergency response times have been demonstrated to equal or exceed those established by the County Fire Department. In addition, hazardous materials accident response services at the facility may be required, based upon the type of wastes handled or location of the facility;
4. 
Proximity to Active or Potentially Active Faults. All facilities shall maintain a minimum setback of 200 feet from a known earthquake fault;
5. 
Slope Stability and Subsidence/Liquefaction. Residual repositories are prohibited in areas of potential rapid geological change (i.e., slope stability, subsidence/liquefaction). All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed and permanently maintained to preclude failure;
6. 
Aqueducts and Reservoirs. Facilities shall only locate in areas with no threat to the contamination of drinking water sources contained in aqueducts and reservoirs;
7. 
Discharge of Treated Effluent. Facilities generating treated wastewater shall have access to adequate sewer capacity in order to accommodate projected waste water discharge. If sewers are not available, the site shall be evaluated for potential sewer connection;
8. 
Proximity to Supply Wells and Well Fields. A residual repository shall be located away from the cone of depression created by the test pumping of a well or well field for a minimum of 90 days. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any intermediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the defined cone of depression;
9. 
Depth of Groundwater. Residual repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest surface point of the facility. At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure as a result of settlement, compression or uplift, as certified by a California-Registered Civil Engineering Geologist;
10. 
Groundwater Monitoring. Operators of proposed/existing residual repositories and facilities with subsurface storage and/or treatment shall develop a program that complies with the California Regional Water Quality Control Board permit requirements for groundwater monitoring;
11. 
Major Aquifer Recharge Area. Residual repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer;
12. 
Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to the current Federal, State, or Water Resources Control Board standards. All other surface facilities shall contain engineered structural design features consistent with other similar types of industrial facilities, including spill containment and monitoring systems;
13. 
Existing Groundwater Quality. Residual repositories are permitted only where the uppermost waterbearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that future potential beneficial use is not feasible;
14. 
Nonattainment Area. If locating in a nonattainment area, all facilities emitting air contaminants in excess of established limits shall be subject to pre-construction review under new source review requirements and shall obtain permits to construct and operate from the South Coast Air Quality Management District;
15. 
Prevention of Significant Deterioration (PSD) Area. All facilities classified as major stationary sources under the PSD regulations, shall be subject to pre-construction review and implementation of best available control technology;
16. 
Proximity to Habitats of Threatened and Endangered Species. All facilities are prohibited in habitats of threatened or endangered species, unless the applicant can demonstrate, to the satisfaction of the Review Authority, that the subject habitat will not be disturbed and the survival of the species will not be threatened;
17. 
Recreation, Cultural or Aesthetic Areas. All facilities shall be prohibited within 500 feet of areas of recreational, cultural or aesthetic value, as determined by the Review Authority;
18. 
Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near parcels classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports;
19. 
Proximity to Areas of Waste Generation. Subject to other requirements contained in this chapter, all facilities shall be located in areas best suited for providing services to the hazardous waste generators within the City. Facilities which intend to primarily serve generators outside the City shall demonstrate, to the satisfaction of the Review Authority, why the facility cannot be located closer to the sources of hazardous waste to be serviced;
20. 
Proximity to Natural Gas/Petroleum Pipeline. All facilities shall maintain a minimum setback of 100 feet from a natural gas/petroleum pipeline;
21. 
Distance from Major Transportation Routes. Distance traveled by trucks to/from the facility on arterial, collector, and local City streets shall be at a minimum. Facility operators shall be required to pay user fees to ensure proper street construction and maintenance necessary to accommodate anticipated increased traffic generated by a facility;
22. 
Structures Fronting on Minor Routes. All facilities shall be located to minimize the use of arterial, collector and local City streets by trucks that connect a facility to a State highway or freeway, particularly any City street used primarily by occupants of nonindustrial structures (i.e., residences, schools, etc.). The permit review process shall include an evaluation of the "population at risk" based upon Federal Highway Administration guidelines for applying criteria to designate routes for transporting hazardous materials. The population at risk factor should not exceed that for existing facilities and sites in which lower factors are preferred;
23. 
Capacity vs. Average Daily Traffic of Access Roads. The changes projected by a proposed facility in the ratio of route capacity to annual daily traffic shall be negligible;
24. 
Changes in Real Property Values. The project applicant shall fund an independent study of anticipated changes and facility impact on employment/real property values if the proposed facility is located within the City. The project applicant and the Director shall agree beforehand upon the scope of the study, and how it will be conducted; and
25. 
Direct Revenue to the City. The City shall investigate and impose appropriate taxes, fees and other compensation options related to a proposed facility.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures:
1. 
The owner/operator shall prevent the unauthorized entry of persons or animals by providing continual 24 hour surveillance to control entry onto the facility;
2. 
Perimeter fencing shall be constructed of a material and at a height specified by the Review Authority; and
3. 
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, as specified by the Director. The legend shall be written in both English and Spanish and shall be legible from a distance of at least 25 feet.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The owner/operator shall cooperate with the City in complying with all of the following on-going monitoring measures:
1. 
In compliance with Chapter 2, Article 18, the City shall be authorized to enforce all codes and conditions related to the facility, including entry onto the subject property to ensure compliance;
2. 
The owner/operator shall report quarterly to the Director, the amount, type and disposition of all wastes processed by the facility. The report shall include clear copies of all manifests showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed on-site;
3. 
The owner/operator shall immediately distribute copies of all compliance reports as to facility operations and copies of all inspection reports made by other local, Regional, State or Federal agencies to the Director; and
4. 
The Emergency Response Plan shall be updated annually, signed by all facility management personnel, and distributed to all local emergency response agencies, as defined by the Director.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
In addition to the standards and locational criteria contained in Section 9-3.304, the following conditions and standards may be imposed by the Review Authority:
1. 
No hazardous waste facility shall be approved if, by itself or in combination with other similar facilities, it may manage a volume or type of hazardous waste in excess of that generated within the City, unless satisfactory compensation is provided to the City or as provided by a joint powers agreement;
2. 
Any proposed modifications to the types and/or quantities of hazardous wastes managed by an approved facility, shall require the filing/approval of an application to amend the original permit, in compliance with Chapter 2, Article 11 (Conditional Use Permits);
3. 
A proposed hazardous waste facility shall have a contingency plan approved by the State Department of Health Services, prior to approval by the City's Review Authority. The contingency plan shall be maintained at the facility, with clear copies provided to all appropriate City, County, Regional and State agencies, as determined by the Director;
4. 
The owner/operator of a proposed hazardous waste facility shall, prior to approval by the City's Review Authority, submit a written closure plan approved by the State Department of Health Services. All subsequent revisions to an approved closure plan shall be submitted to the Director for review and approval;
5. 
Prior to issuance of a Certificate of Compliance, the owner/operator shall document that all financial responsibility requirements imposed by the State Department of Health Services and any other Federal or State agency have been met;
6. 
The owner/operator shall agree to indemnify, defend and render the City harmless against all claims, actions or liabilities relating to permit approval and the subsequent development/operation of the facility;
7. 
No hazardous waste facility permit shall be approved if it significantly reduces incentives for waste minimization by hazardous waste generators;
8. 
The owner/operator shall prepare and submit an annual emergency response preparedness report to the Director. The report shall be initialed by each person at the facility who has emergency response assignments;
9. 
The owner/operator shall submit an annual air, soil and groundwater monitoring report to the Director;
10. 
The owner/operator shall be responsible for all costs of responding to a release of hazardous wastes and for compliance with the provisions of this chapter;
11. 
Any storage, treatment, disposal or transportation of "extremely hazardous waste" by, or on behalf of, the owner/operator, as defined by State law (Health and Safety Code Section 25115), shall be reported to the Director; and
12. 
The City may employ any and all methods permitted by law to enforce the provisions of this chapter and related requirements of this Code.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
In addition to the provisions of Chapter 2, Article 11 (Conditional Use Permits), an approved permit for a hazardous waste facility shall not exceed a maximum operating time limit of 10 years, without the provision for renewal and upon initiation of construction, completion of the facility shall be diligently pursued.
(§ 1, Ord. 666-NS, eff. September 15, 2001)
The applicant may be required as a condition of approval to provide adequate security to guarantee the restoration of the property back to its original condition, or better, in compliance with Section 9-2.2402 (Performance Guarantee Requirements).
(§ 1, Ord. 666-NS, eff. September 15, 2001)
All hazardous waste facilities shall be subject to the applicable regulations of this Code, including provisions located in the following Articles:
1.
Article 11 of Chapter 2
Conditional Use Permits
2.
Article 10 of Chapter 2
Development Permits
3.
Article 24 of Chapter 2
Enforcement of Provisions
4.
Article 4 of this chapter
Landscaping Standards
5.
Article 8 of Chapter 2
Minor Conditional Use Permits
6.
Article 7 of Chapter 2
Minor Variances
7.
Article 7 of this chapter
Off-Street Loading Standards
8.
Article 8 of this chapter
Off-Street Parking Standards
9.
Article 1 of this chapter
Property Development Standards
10.
Article 12 of this chapter
Sign Standards
11.
Article 14 of Chapter 2
Special Event Permits
12.
Article 9 of Chapter 2
Variances
(§ 1, Ord. 666-NS, eff. September 15, 2001)