Chapter 17.96 HAZARDOUS MATERIALS FACILITIES

No residual repository shall be allowed in the City. All other new facilities or expansions to existing facilities shall be considered discretionary land uses and are subject to the permit requirements pursuant to the permissions table for the underlying zone in Divisions 3 through 7 of this Title.

§ 17.96.050 Local assessment committee.

Off-site facilities, as defined in this Chapter, shall comply with this Title and all applicable State and Federal regulations, including PRC 21000-21177.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.040 Applications.

All applications for land use decisions shall be filed with the Director accompanied by the appropriate fees as established by City Council resolution.

(Ord. 1603 § 4 (Exh. I), 2023)

A Local Assessment Committee (LAC) will be formed for all proposed off-site facilities and, with the exceptions noted below, for all proposed on-site facilities. The role of the LAC is to review the application and the environmental documentation, to solicit public comments on the proposed facility application, and to recommend conditions of approval to the Review Authority. Policies and procedures for establishing and administering the LAC are generally defined in Section 25199.7 of California State Health and Safety Code and are hereby incorporated by reference. In addition, the following provisions shall also govern this process:

At the discretion of the City Council, and upon the recommendation of the Director, an LAC need not be formed for a proposed on-site storage or recycling facility which does not include an incinerator, or for any on-site facility for which an EIR is not required.

The LAC may provide comments to the City Council on the environmental document, health and environmental risk assessments, and any other necessary special studies required as a part of the facility application or associated environmental review.

The LAC will hold public meetings pursuant to the provisions of the Ralph M. Brown Act with sufficient frequency to keep the public informed of the progress of LAC review and to solicit public comments on the proposed facility.

(D)

The LAC may also recommend to the City Council that a separate body act as a "standing committee" during the facility's operational life and closure period to promote ongoing communication between the applicant and the community, and to monitor the adherence to the conditions of approval applied to the project.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.060 Contents of application.

Every application for a facility pursuant to this Title shall be made in writing to the Director on the forms provided by the Planning Division and must be in sufficient detail to facilitate thorough review. All applications shall be accompanied by the appropriate filing fees as established by City Council resolution. An application shall include, but is not limited to, the following information:

Name and address of the applicant;

Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

§ 17.96.070 Determination of completeness and processing off-site and on-site hazardous materials facility applications.

A site plan drawn in sufficient detail to clearly describe the following:

(1)

Physical dimensions of the property and structures;

(2)

Location of existing and proposed structures, including elevations;

(3)

Setbacks and landscaping;

(4)

Methods of circulation and parking;

(5)

Drainage patterns;

(6)

Ingress and egress;

(7)

Storage and processing areas;

(8)

Proposed utilization of property;

(9)

The distance from the facility property line to the nearest adjacent structure, and a description and location of such structure;

(10)

The distance to nearest residences, to properties designated in the General Plan for residential use, to proposed or presently zoned residential areas, and to immobile populations;

(11)

Proximity of the proposed facility to the 100-year flood prone areas;

(12)

Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the California State Department of Mines and Geology;

(13)

The relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground adjacent to the facility;

(14)

Topographic description and plotting of the property and surrounding area on a topographic map;

(15)

A preliminary geological study of the property and surrounding area including data on the permeability of the substrata;

(16)

Existing and proposed utilities which service or will be required to service the facility; and

(17)

A radius and vicinity map including the project boundary;

(D)

A list of adjacent property owners and a map indicating their location relative to the proposed facility;

(E)

An environmental assessment questionnaire;

(F)

A grading plan;

(G)

A title report completed within six months of the date of facility application submittal;

(H)

A legal description of the site;

(I)

Identification of any other hazardous materials facilities presently or in the past owned or operated by the applicant, with copies of all permits and a listing of regulatory and community contracts for each facility, with their affiliations and current phone numbers;

(J)

Full disclosure of any past or present permit violations and any past or pending administrative, civil, or criminal proceedings or litigation involving any facility in any location presently or in the past owned or operated by the applicant, or proposed for operation by the applicant;

(K)

Disclosure of any past or present air, water, soil, or other property contamination that has resulted from any activity of the applicant, or that has occurred at any facility owned or operated by the applicant;

(L)

Financial statements from the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with the operation of the facility;

(M)

Detailed information regarding how the applicant will meet State pollution liability insurance requirements for sudden and nonsudden events, and State requirements for funding closure and postclosure costs;

(N)

Identification of the amounts (in tons), sources, and types of hazardous materials to be treated or stored at the proposed facility; the geographical location of the producers; the ultimate disposition of the hazardous materials; and anticipated life of the facility. This information will be based on an actual survey of the industries to be served and be representative of the hazardous materials that will be processed at the facility;

(O)

Identification of the type(s) of processes that will be used at the facility. For any proposed facility other than storage or recycling, specification of whether any anticipated hazardous materials streams meet the definition of "recyclable material" pursuant to California State Health and Safety Code Section 25120.5 or are listed by the State as recyclable hazardous materials pursuant to California State Health and Safety Code Section 25175. If either of these conditions exist, an explanation of why these hazardous materials should not be recycled shall be provided;

(P)

Identification of all wastewaters, treated and untreated, generated by the proposed facility, the method and place of final discharge, and a copy of the required State waste discharge permit pursuant to California State Water Code, Division 2, Chapter 4, Article 4, Section 13260, et seq., and National Pollutant Discharge Elimination System (NPDES) permit applications, pursuant to 40 Code of Federal Regulations 122;

(Q)

A copy of the facility's hazardous materials storage permit application and business plan, prepared pursuant to Section 2.20.140 of the Los Angeles County Code and California State Health and Safety Code Section 25503;

(R)

An analysis of visual, noise, and any olfactory impacts associated with the proposed facility and recommended mitigation measures;

(S)

An analysis of vehicle miles traveled and any potential transportation impacts and recommended mitigation measures;

(T)

An analysis of all anticipated air quality impacts associated with the proposed facility, including the effect of wind patterns at the site, proposed mitigation measures to ensure no degradation of air quality in the area, and a copy of all required permits from the Antelope Valley Air Quality Management District, or any other agency;

(U)

Identification of any rare or endangered species of plant or animals within the proposed facility site and recommended impact mitigation measures;

(V)

Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological, and historical resources, and proposed mitigation measures to ensure no significant impact on cultural resources occurs;

(W)

The results of preliminary studies of the impact of the proposed facility on real property values and local employment patterns;

(X)

A health and environmental risk assessment based on a worst-case accident scenario resulting from an upset condition involving hazardous materials. If the proposed facility will include any hazardous materials listed on the United States Environmental Protection Agency's list of extremely hazardous substances (pursuant to Federal Register Volume 52, No. 77, page 13,397), a risk management prevention program pursuant to Chapter 6.95, Article II, Section 25531 of the California State Health and Safety Code shall also be submitted. Mitigation measures for all potentially significant impacts shall be recommended. The proposed scope, protocol, and methodology of the risk assessments will be submitted to the Director for approval prior to the initiation of the risk assessments;

(Y)

A health and environmental risk assessment that analyzes, in detail, all possibilities and probabilities of accidents or spills involving hazardous materials to be used at the site, transportation-related accidents from the points of origin to the facility, and any other probabilities requested by either the Director or the Review Authority. The proposed scope, protocol, and methodology of the risk assessments will be approved by the Director prior to starting the necessary work. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the transportation routes which will yield the least risk of accident and environmental impact resulting from trucks hauling hazardous materials to the proposed facility;

(Z)

A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan must include any monitoring requirements imposed by other permitting agencies including, but not limited to, the Antelope Valley Air Quality Management District, the Regional Water Quality Control Board, and the State Department of Health Services;

(AA)

Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous wastes;

(BB)

All applications must contain a designation of at least two reasonable alternative sites; and

(CC)

An application for an off-site facility must include a detailed proposed public education and participation program to be employed during the local land use decision-making process and which shall be subject to review and approval by the Director.

(Ord. 1603 § 4 (Exh. I), 2023; Ord. 1613 § 4 (Exh. I), 2023)

All applications for off-site hazardous materials facilities shall follow the procedures outlined within PMC Chapter 17.20 (General Review Procedures) set forth pursuant to California State Health and Safety Code Section 25199 et seq. and Government Code Section 65920 et seq., standards and locational criteria.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.080 Safety and security.

The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility. At a minimum, signs with the legend "DANGER! HAZARDOUS WASTE AREA – UNAUTHORIZED PERSONNEL KEEP OUT," must be posted at each entrance to the facility, and at a minimum, shall be posted on the outside of the required perimeter fence. Minimum spacing requirements for such signage shall be determined at the time of facility application review. The sign shall be written in English and Spanish and shall be legible from a distance of at least 25 feet.

The operator shall provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

Perimeter fencing shall be constructed in compliance with PMC Chapter 17.86 (Landscaping, Lighting, Walls, and Fences).

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.090 Monitoring.

For the purpose of ensuring compliance with all standards, conditions, and other requirements of an approved facility permit which the City is authorized to enforce, City officials or their designated representatives may at any time enter the premises.

The owner or operator of a facility must report quarterly to the Director the amount, type, and disposition of all wastes handled or processed by the facility. Included in the report shall be copies of all manifests produced within each quarter identifying the hazardous waste producers using the facility and the types of hazardous wastes delivered to the facility, and include a map showing the exact location (coordinates and elevation) of quantities and types of wastes treated or stored at the facility.

The owner or operator of a facility shall immediately send copies of all complaints related to facility operations and copies of all inspection reports and documentation of any other regulatory action, including correspondence made by other local, State, or Federal agencies, to the Director within three working days of receipt of such complaint, report, or other documentation.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.100 General conditions.

The City may impose, as necessary, conditions and standards other than those presented in this Chapter, in order to achieve the purposes of this Title and to protect the health, safety, or general welfare of the community and the environment.

Any modifications of the types and quantities of hazardous wastes to be managed at the proposed facility or significant modifications to the processes employed at the facility which were not considered in the original facility approval by the City shall be presented to the Director in writing before such modifications commence at the facility. The proposed modifications may, at the discretion of the Director, result in modification or revision of the land use application, or may require a new land use application.

Every facility shall have an emergency response contingency plan prepared pursuant to California Health and Safety Code Section 25503.5 and approved by the Los Angeles County Fire Department. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the Los Angeles County Department of Environmental Health. Proof of such distribution shall be provided to the Director prior to the issuance of a certificate of occupancy.

(D)

The applicant shall, prior to any City public hearing on a facility application, submit to the Department a written closure plan prepared pursuant to California Health and Safety Code Section 25246, and approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director within three working days of the approval of said revisions.

(E)

Prior to the issuance of a certificate of occupancy, the applicant shall provide proof to the satisfaction of the Director that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State agency.

(F)

The applicant shall agree to indemnify, defend, and hold harmless the City, the Planning Commission, the City Council, the LAC, and all officers, employees, and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the facility location.

(Ord. 1603 § 4 (Exh. I), 2023)

§ 17.96.110 Findings.

§ 17.96.120 Duration of land use decision.

In addition to the findings required for the appropriate permit pursuant to Division 2 (Review Procedures) of this Title, the following findings must be made prior to approval of a proposed facility by the Review Authority:

(1)

The proposed facility is consistent with the City's General Plan and this Title, and with the Los Angeles County Hazardous Waste Management Plan;

(2)

The proposed facility will not be detrimental to the health, safety, or general welfare of the community or to the environment. The Commission shall deny the requested conditional use permit where the findings indicate, and the City Council determines, that the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to permit the establishment of the proposed use will not prevent detriment or menace as indicated;

(3)

The conditions recommended by the LAC, including those not agreed to by the applicant, were considered by the Review Authority;

(4)

The past and present activities of the applicant have not resulted in any serious regulatory violations or contamination problems;

(5)

The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities. The circulation features serving the proposed facility are adequate in width and location, and are or will be improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility;

(6)

The proposed facility has met or exceeded each requirement of this Title;

(7)

Health risk and environmental risk assessments have been conducted for the proposed facility based on well-defined and credible assumptions detailing the results of a "worst-case" scenario as well as all other possible or probable accidents or spills at the proposed facility, which address the potential threat to public health, safety and the environment posed by the proposed facility;

(8)

Considering the nature, condition, and development of adjacent uses and structures, no proposed facility shall be allowed where such use will adversely affect or be materially detrimental to said adjacent uses or structures;

(9)

The parcel for a proposed facility shall be adequate in size and shape to accommodate the setbacks, walls, fences, parking and loading facilities, landscaping and other project features prescribed in this Title, or as required by the Review Authority as a condition in order to integrate said use with surrounding uses; and

(10)

All potentially significant environmental impacts identified in the environmental document have been fully analyzed in compliance with CEQA, and appropriate mitigation measures have been developed and applied where necessary and incorporated into a mitigation monitoring program.

(Ord. 1603 § 4 (Exh. I), 2023)

The duration of the land use decision will be determined at the time of approval and must not exceed 10 years. The applicant will commence substantial construction of the facility within two years of the land use decision and such construction shall be pursued diligently to completion. For permit extension and expiration procedures see PMC § 17.22.070 (Post-decision procedures).