Article 7 Hazardous Waste Facilities

The requirements of this article are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities. "Off-site Hazardous Waste Facilities" means those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at least two (2) producers of hazardous wastes which are not located on the same property of the Hazardous Waste Facility. Consistent with the Alameda County Hazardous Waste Management Plan, off-site Hazardous Waste Facilities only include those facility types as defined by the plan for Small-Scale Transfer and Storage Facilities including hazardous waste collection facilities, and Industrial Transfer, Storage and Treatment Facilities.

The off-site facility definition does not apply to:

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

Permanent on-site Hazardous Waste Facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the City of Emeryville.

(d)

All such facilities (i.e., off-site, on-site, household hazardous waste collection, and TTUs) shall obtain all necessary State licensing to install and operate.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.703 Conditional Use Permit Required.

It is unlawful to establish a Hazardous Waste Facility without first obtaining a conditional use permit as provided in this article pursuant to the procedures and required findings in Article 5 of Chapter 7.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.704 Location.

Hazardous Waste Facilities shall not be located within the following areas. All distances shall be measured from lot line to lot line.

All Hazardous Waste Facilities.

Two hundred feet (200') of an active or recently active seismic fault.

Three hundred feet (300') of the San Francisco Bay shoreline or a critical habitat unless the applicant has demonstrated by risk assessment that a small buffer zone provides adequate protection for the environment and the public in the event of an accident.

(3)

An area with twenty-five percent (25%) or greater slope or areas subject to liquefaction or subsidence unless the facility incorporates adequate engineered designed features which assure structural stability.

(4)

An area of highly permeable soils or sediment, as defined in Title 23, California Code of Regulations, Chapter 15.

Small-Scale Hazardous Waste Transfer and Storage Facilities.

Five hundred feet (500') of any dwelling unit unless the applicant has demonstrated by risk assessment that a smaller buffer zone provides adequate protection for the public in the event of an accident.

Five hundred feet (500') of an immobile population.

(3)

A one hundred (100) year floodplain or an area subject to flooding by dam failure or tsunami, unless the project is protected by adequate engineered solutions designed to preclude flood failure.

(4)

Recreational or scenic areas unless necessary to handle hazardous wastes generated by visitors, workers, or residents in the area.

Industrial Hazardous Waste Transfer/Storage/Treatment Facilities.

A one hundred (100) year floodplain or an area subject to flooding by dam failure or tsunami, unless the project is protected by adequate engineered solutions designed to preclude flood failure.

Unless the applicant has demonstrated by risk assessment that a smaller buffer zone provides adequate protection for the public in the event of an accident:

Five hundred feet (500') of any dwelling unit or any area designated for residential use in this title; or

Two thousand feet (2,000') of any dwelling unit or any area designated for residential use in this title for facilities that will handle ignitable, explosive, or reactive hazardous wastes.

(3)

Unless the applicant has demonstrated by risk assessment that a smaller buffer zone provides adequate protection for the public in the event of an accident:

Five hundred feet (500') of any immobile population; or

Five thousand feet (5,000') of any immobile population for facilities that will handle ignitable, explosive, or reactive hazardous wastes.

(4)

A recreational or scenic area.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.705 Application Requirements.

In addition to the documents required for a conditional use permit application pursuant to Article 5 of Chapter 7, an application for a conditional use permit for a Hazardous Waste Facility shall be accompanied by the following documents:

A letter of justification describing the proposed Hazardous Waste Facility and explaining how it will satisfy the findings in Article 5 of Chapter 7.

A preliminary geological study of the property and surrounding area which includes as deep a soils analysis as there are known aquifers, regardless of the potability of those aquifers.

Identification of the amounts (tonnage) and types of hazardous wastes to be managed at the Hazardous Waste Facility, the sources of these wastes, the ultimate disposition of the wastes, and the anticipated life of the project. Information shall be provided on the amount, sources, and types of hazardous wastes to be treated based on an actual survey of the businesses to be served.

(d)

Identification of travel routes to be used by generators and the owner/operator of the Hazardous Waste Facility for the transportation of hazardous wastes.

(e)

A plan for public involvement with the proposed project prior to any Planning Commission public hearings. This plan will provide for adequate public testimony on the project in an effort to mitigate all public concerns prior to the Planning Commission's review and determination.

(f)

A plan that identifies an ongoing monitoring program to ensure no release of any hazardous substance from the project site into the environment. This shall include any ongoing monitoring required by other permitting agencies such as the State Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, the Bay Area Air Quality Management District, the Federal Environmental Protection Agency, etc.

(g)

A risk assessment which, at a minimum, studies the potential risks to public health, safety and the environment with attention to the proximity of the proposed site to residential uses, civil uses, environmentally sensitive areas, and groundwater.

(h)

Evidence that all other necessary permits from regional, State and Federal agencies have been applied for or received.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.706 Noticing Requirements.

In addition to the noticing requirements set forth in Chapter 7, hearings and public notices shall be consistent with the applicable requirements of California Health and Safety Code Sections 25199 through 25199.14.

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.707 Local Assessment Committee.

No later than thirty (30) days after an application for a Hazardous Waste Facility is accepted as complete, the City Council shall appoint a seven (7) member Local Assessment Committee (LAC) for each Hazardous Waste Facility application.

Pursuant to California Health and Safety Code Section 25199.7(d), the City Council shall appoint a seven (7) member Local Assessment Committee (LAC). The City Council has discretion to appoint additional members to this committee as they deem appropriate. The membership, responsibilities and duties shall be consistent with the provisions of California Health and Safety Code Section 25199.7. The LAC shall cease to exist after the final administrative action has been taken by the State and local agencies on the permit applications for the project for which the LAC was formed.

The City shall provide staff resources to assist the LAC in performing its duties as required by California Health and Safety Code Section 25199.7(d)(3).

If the LAC and the applicant cannot resolve any differences through the meetings specified by State law, the State Office of Permit Assistance may assist in this resolution pursuant to California Health and Safety Code Section 25199.4, as required by California Health and Safety Code Section 25199.7(h).

(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)

9-5.708 Conditions of Approval.

In approving a conditional use permit for a Hazardous Waste Facility, the Planning Commission may designate such conditions as it deems necessary in order to fulfill the purposes of this article, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions may include, but are not limited to, the following:

An increase in the amount of liability insurance required under State law for such facilities whether or not a Hazardous Waste Facility is required to comply with such State law.

An agreement to indemnify the City of Emeryville in the event of a spill or release of hazardous wastes or any constituents thereof into the environment.