The provisions of this chapter are intended to meet the requirements of AB 2948 (Tanner, 1986) which requires the County of Orange to adopt a Countywide Hazardous Waste Management Plan and the city to adopt, by ordinance or general plan amendment, hazardous waste controls by establishing uniform standards, land use regulations, and a permit process for controlling the location, design, maintenance, and safety of off-site hazardous waste facilities.
(Ord. 924, 8-4-1992)
A. 
The specific requirements of this chapter are applicable to the siting and development of off-site hazardous waste facilities as defined in § 20.00.070.B. of this title, as amended.
B. 
The off-site hazardous waste facility definition does not apply to: Transportable Treatment Units (TTU), which are designed to be moved 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. All such facilities (i.e., off-site, on-site, TTU) shall be subject to the applicable federal, state, and local licensing to construct and operate.
(Ord. 924, 8-4-1992)
The following procedures are intended to identify the steps for processing an application for off-site hazardous waste facilities, in addition to the requirements of § 20.408.030.C. of this title, as amended. These procedures include steps to be taken by the applicant, state, and city.
A. 
At least ninety (90) days before filing a conditional use permit application with the Development Services Department for a project, the applicant shall file with the Office of Permit Assistance (OPA) and the city, a Notice of Intent (NOI) to make an application. The NOI 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 NOI. The city shall publish a notice in the newspaper of general circulation in the area and shall notify, by a direct mailing, the owners of real property within one thousand (1,000) feet of the project boundary, as shown on the Orange County latest equalized assessment roll. The city shall impose a fee upon the project applicant equal to the cost of notification required by this section.
B. 
Within ninety (90) days after a Notice of Intent is filed with OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project. The city shall contact OPA regarding the location and time of the meeting and shall have the representative(s) attend.
C. 
Within ninety (90) days after receiving a notification of the filing of the NOI, the City Council shall appoint a Local Assessment Committee (LAC) comprised of at least seven (7) members. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC.
D. 
The city shall notify OPA, in writing, within ten (10) days after it has determined that the application for the project is complete. Within sixty (60) days after receiving this notice, the OPA shall convene a meeting with 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 public. The meeting shall take place in the city.
E. 
Following the meeting as specified in paragraph D. of this section, the applicant and the LAC of the city shall meet and confer on the project proposal for the purpose of establishing the terms and conditions under which the project may be acceptable to the community.
F. 
If the LAC finds that it requires assistance and independent advice to adequately review a proposed 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 the technical assistance grant funds to hire a consultant to do either, or both, of the following:
1. 
To 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, 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.
2. 
To advise the LAC in meetings and discussion with the facility proponent when seeking an agreement on the terms and conditions under which the project may be acceptable to the community.
G. 
The project applicant shall pay a fee equal to the amount of any technical assistance grants provided to the LAC and the cost of staff time to review the project.
(Ord. 924, 8-4-1992)
A. 
Pursuant to § 20.48.030.C. of this chapter, the City Council shall appoint an LAC comprised of at least seven (7) members. The membership of the LAC shall be broadly constituted to reflect the make up of the community and shall include three (3) representatives of the community at large, two (2) representatives of environmental or public interest groups, and two (2) representatives of affected business and industries. Members of the LAC shall have no direct financial interest, as defined in Cal. Gov't Code § 87103, in the proposed specified hazardous waste facility project (requirement of Cal. Health & Safety Code § 25199.7(d)(1)).
B. 
The LAC shall elect a Chairperson from among its members for a term of one year, and subject to other provisions of law may create and fill such other offices as it may determine.
C. 
Pursuant to Cal. Health & Safety Code § 25199.7(d)(2), the LAC duties shall include the following:
1. 
Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of, and conditions for project approval which would protect the public health, safety, and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation.
2. 
Represent generally, in negotiation with the applicant, the interests of residents in the city and interests of adjacent communities.
3. 
Receive and expend the technical assistance grants made available as specified in § 20.48.030.F. of this chapter.
4. 
Adopt rules and procedures which are necessary to perform its duties as outlined herein and shall keep a record of its meetings, transactions, findings, determinations, which record shall, during all regular business office hours be open for public inspection.
5. 
Advise the city of the terms, provisions, and conditions for project approval which have been agreed upon by LAC and the applicant and of any additional information which the LAC deems appropriate. The approval body and/or legislative body of the city may use this advice for their independent consideration of the project.
6. 
Cease to exist after final administrative action which has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed.
D. 
The Development Services Staff shall provide staff resources to assist the LAC in performing its duties.
E. 
If the LAC and the applicant cannot resolve any differences through the meetings specified in § 20.48.030.E. of this chapter, the OPA may assist in this resolution pursuant to Cal. Health & Safety Code § 25199.4.
(Ord. 924, 8-4-1992)
The proposed off-site hazardous waste facility shall require a public hearing before the City Planning Commission and is therefore subject to the notification and processing requirements for a conditional use permit in accordance with §§ 20.48.030 and 20.408.030.C. of this title, except that the notice of public hearing shall be mailed to all owners of property within a radius of one thousand (1,000) feet of the exterior boundaries of the property under consideration.
(Ord. 924, 8-4-1992)
The Planning Commission shall make the following findings in addition to the findings and conditions in § 20.408.030.D. of this title:
A. 
The project will be consistent with the Regional Fair Share Facility Needs Assessment and Siting Policies in accordance with Part V as established in the Orange County Hazardous Waste Management Plan; and
B. 
The project will comply with the development standards and facility siting criteria as established in this chapter.
(Ord. 924, 8-4-1992)
A. 
Any decision of the Planning Commission may be appealed to the City Council in accordance with Chapter 20.424 of this title.
B. 
An applicant or an interested person may file an appeal of a land use decision made by the City Council to the Governor's Appeal Board within thirty (30) calendar days after the date the City Council takes final action on the land use decision.
(Ord. 924, 8-4-1992)
A. 
A hazardous waste facility permit 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 wastes shall be allowed beyond those specified in the approved facility permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.
B. 
Any use authorized under the provisions of this facility must be exercised within the time limit pursuant to § 20.408.030.F. of this title.
(Ord. 924, 8-4-1992)
All off-site hazardous waste facility projects shall be consistent with the siting criteria as described in Table V-3, Part V of the Orange County Hazardous Waste Management Plan.
(Ord. 924, 8-4-1992)
A. 
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.
B. 
The operator shall provide a twenty-four (24) hour surveillance system (i.e., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.
C. 
An artificial or natural barrier (e.g., a fence in good condition or a fence combined with a berm) shall be constructed which completely surrounds the facility.
D. 
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 other language predominate in the area surrounding the facility, and shall be legible from a distance of at least twenty-five (25) feet. Existing signs with a legend other than “DANGER - 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.
(Ord. 924, 8-4-1992)
The owner/operator for an off-site hazardous waste facility shall provide a contingency plan to the City Fire Department in accordance with the Cal. Health & Safety Code § 25504.
(Ord. 924, 8-4-1992)
A. 
Upon reasonable notice, the city, its designated representatives, or other affected regulatory agencies may enter a parcel for which a conditional use permit for hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.
B. 
The holder of a conditional use permit shall report quarterly to the City Fire Department the amount, type, and disposition of all wastes processed by the facility. Included in this report shall 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 material placed in repositories or otherwise stored or disposed on site.
C. 
All structures shall remain accessible for inspection purposes by the city, its designated representatives or other affected regulatory agencies.
(Ord. 924, 8-4-1992)
The owner or operator of a hazardous waste management facility shall submit a written closure plan pursuant to Art. 80, § 780.107 of the City Fire Code.
(Ord. 924, 8-4-1992)
Prior to issuance of an occupancy permit to begin the use identified in this permit, the applicant shall submit a proof of liability insurance to the city as follows:
A. 
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 is not 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.
B. 
Additionally, coverage shall be provided for workers compensation insurance and such other insurance as may be required. Said insurance shall name the city as the additional loss payee. Certificates of insurance shall be submitted to the city annually.
C. 
An irrevocable trust shall be established to provide funds for closure of site and its long term post-closure, monitoring and maintenance. Quarterly funds for this trust would be provided by the owner of the facility based on quantity and types of hazardous waste received and processed or percentage of gross income. The terms of the trust shall be as agreed upon by the project owner and the city. The terms shall be reviewed annually in regard to the amount of funds in the trust and anticipated closure, monitoring, and maintenance costs. The applicant shall provide a bond in an amount to be determined by the city for purposes of closure of site.
D. 
The applicant shall defend, indemnify, and hold harmless the city, its officers, agents, servants, and employees from all claims, actions, liabilities arising out of issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
(Ord. 924, 8-4-1992)