[1]
Prior legislation: Ord. 999.
The purpose of this article is to establish a uniform conditional use permit application and review process for hazardous waste facilities consistent with the city's general plan and the Contra Costa County hazardous waste management plan, and to ensure protection of the health, safety, welfare, quality of life, and environment of the residents of Pittsburg.
(Ord. 1026 § 1, 1991)
"Acutely hazardous waste"
is any hazardous waste classified as acutely hazardous by the State Department of Health Services under the authority of California Health and Safety Code Section 25110.02.
"County plan"
is the Contra Costa County hazardous waste management plan, as it existed at the adoption of this article, or as hereafter amended if an amendment is approved by the city council as provided in PMC § 18.84.530.
"Department"
is the planning department of the city.
"Director"
is the director of the planning department of the city.
"Extremely hazardous waste"
is any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics. (Health and Safety Code Section 25115.)
"Facility" or "hazardous waste facility"
is all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste (Health and Safety Code Section 25117.1), and includes an expansion of a facility.
"Hazardous material"
is any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant hazard to human health and safety or to the environment if released into the workplace or the environment. "Hazardous material" includes without limitation a hazardous substance (as defined in Health and Safety Code Section 25501(p)), hazardous waste and any material which a handler or the city has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment. (Health and Safety Code Section 25501(o).)
"Hazardous waste"
is any substance which is regulated as a hazardous waste by the responsible state department under California Code of Regulations Title 22, Division 4, Chapter 30, or a successor regulation. Regulated hazardous waste generally is either of the following:
1. 
A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may either:
a. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
b. 
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed;
2. 
A waste which meets any of the criteria for the identification of a hazardous waste adopted by the State Department of Health Services under Health and Safety Code Section 25141.
"Hazardous waste"
includes without limitation hazardous waste under the Resource Conservation and Recovery Act of 1976, as amended (42 USC Section 6901 et seq.). Hazardous waste also includes extremely and acutely hazardous waste. (Health and Safety Code Section 25117.)
"Immobile populations"
are persons who cannot or should not be moved. Centers of immobile populations include without limitation schools, hospitals, convalescent homes, prisons, and facilities for the mentally ill.
"Land disposal facility"
is a facility that involves any placement of hazardous waste in or on the land. (Health and Safety Code Section 25179.3(h) .)
"Limited scope facility"
is a transfer station which (a) does not include an incinerator; (b) is sized to serve and serves only the needs of local waste producers; and (c) does not accept acutely hazardous waste, extremely hazardous waste or waste containing any of the constituents listed by the Environmental Protection Agency, as an extremely hazardous substance pursuant to Section 313 of the Federal Superfund Amendments and Reauthorization Act of 1986.
"Off-site facility"
is a facility which is not an on-site facility. (Health and Safety Code Section 25117.11.)
"On-site facility"
is a facility at which a hazardous waste is produced and which is owned by, leased to, or under the control of the producer of the waste. (Health and Safety Code Section 25117.12.)
"Person"
is an individual, trust, firm, joint stock company, business concern, corporation, including without limitation a government corporation, partnership and association. "Person" also includes any city, county, city and county, district, commission, the state or any department, agency or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (Health and Safety Code Section 25118.)
"Processing"
is activity which alters the chemical or physical properties, or composition of a hazardous waste or material.
"Producer"
is any person who generates hazardous waste. (Health and Safety Code Section 25120.)
"Qualified aqueous portion"
is that portion of a wastewater stream containing less than one percent by weight of hazardous waste constituents; provided, that those constituents (a) are removed from the aqueous stream or otherwise treated on site to render the waste nonhazardous, and (b) do not constitute more than 100 tons per year.
"Residual repository"
is a land disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes in accordance with standards established pursuant to Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified or encapsulated.
"Single-user off-site facility"
is an off-site facility which serves only one producer. A single-user off-site facility may accept waste from more than one location, provided each location is owned by, leased to or under the control of the same producer.
"Specified hazardous waste facility"
is an off-site facility which serves more than one producer of hazardous waste. (Health and Safety Code Section 25199.1(m).)
"Storage facility"
is a facility which may legally store hazardous waste for specified time periods. (Health and Safety Code Section 25123.3).
"Thirty-year post-closure period"
is the 30-year period, starting with the certification of the closure of the facility by the appropriate state and federal regulatory agencies, during which the facility owner must continue to maintain and monitor the facility site in compliance with the post-closure plan required by Health and Safety Code Section 25246.
"Transfer station"
is an off-site facility which is related to the transportation of hazardous waste, including but not limited to loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course of transportation. (Health and Safety Code Section 25123.3(c).)
"Treatment facility"
is a hazardous waste facility that uses any method, technique or process which changes or is designed to change the physical, chemical or biological character or composition of a hazardous waste or any material contained in it, or removes or reduces its harmful properties or characteristics for any purpose (Health and Safety Code Section 25123.5.)
(Ord. 1026 § 1, 1991)
No person shall establish or operate a hazardous waste facility except as allowed under this article.
(Ord. 1026 § 1, 1991)
A specified hazardous waste facility is permitted with a conditional use permit in the IG district. A land disposal facility is permitted with a conditional use permit in the IG district, but only as an accessory use. A transfer station or an on-site hazardous waste facility is permitted with a conditional use permit in the IG and IL districts. An off-site single-user hazardous waste facility is permitted with a conditional use permit in the IG and IL districts. A residual repository is permitted with a conditional use permit in the OS district.
(Ord. 1026 § 1, 1991)
An applicant for a conditional use permit for a facility shall submit a written application to the director, using forms provided by the department and accompanied by the appropriate application fees. An application shall include the following information:
A. 
Name and address of the applicant;
B. 
Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make the application;
C. 
A list of adjacent property owners and a map indicating their location relative to the proposed facility;
D. 
An environmental assessment questionnaire based upon the initial study required by the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA");
E. 
A land use map;
F. 
As appropriate for the facility proposed, identification of the amounts (in tons), sources and types of hazardous materials or wastes to be treated or stored at the proposed facility; the geographical location of the producers; the ultimate disposition of the waste; and the anticipated life of the facility. The information on types and quantities of hazardous materials or waste to be treated or stored shall indicate both the capacity to treat or store the different types of waste, and expected throughput on a weekly and annual basis. This information shall be based on an actual survey of the industries to be served and be representative of the wastes that will be processed at the facility. Information on hazardous materials shall relate to hazardous materials involved with, reasonably related to or affected by the proposed waste management activity;
G. 
Identification of the type(s) of processes proposed to be used at the facility. For any proposed facility other than storage or recycling, the application shall specify whether any anticipated wastestreams meet the definition of "recyclable material" under Health and Safety Code Section 25120.5 or are listed by the state as recyclable wastes under Health and Safety Code Section 25175. If either of these conditions exists and recycling is not proposed, the application shall explain why these wastes should not be recycled;
H. 
Identification of all wastewater, 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 or permit application pursuant to State Water Code Section 13260 et seq., and National Pollutant Discharge Elimination System (NPDES) permit or permit applications, pursuant to 40 Code of Federal Regulations Section 122;
I. 
An analysis of visual, noise and odor impacts associated with the proposed facility and recommended mitigation measures;
J. 
A business plan pursuant to Health and Safety Code Section 25500 et seq., which includes a plot plan of the proposed facility, an inventory of chemicals to be used and an emergency response plan. At a minimum, the emergency response plan shall be consistent with any and all applicable city, county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedures;
K. 
A copy of each summary of a report or plan required of the facility under the Hazardous Waste Source Reduction and Management Review Act of 1989 (Health and Safety Code Section 25244.12 et seq.), or a statement of the reasons the facility is not subject to those regulations;
L. 
A list of each application, permit or report (such as, without limitation, a hazardous materials management plan) concerning the presence, handling or disposal of hazardous material or hazardous waste which the facility is required to submit to any other local, state or federal regulatory agency, and a copy of each such application, permit or report requested by the director; and
M. 
Any information described in PMC § 18.84.490 which the director determines is necessary to conduct the administrative review described in PMC § 18.84.480.
(Ord. 1026 § 1, 1991)
Each of the following facilities is subject to the provisions of PMC § 18.84.490 and § 18.84.515:
A. 
Specified hazardous waste facility;
B. 
New off-site single-user facility with the capacity to manage more than 4,000 tons per year of hazardous waste;
C. 
New on-site facility with the capacity to manage more than 4,000 tons per year of hazardous waste;
D. 
Expansion of an existing off-site single-user facility that increases the capacity of the facility or the actual amount of hazardous waste handled by more than 2,000 tons per year;
E. 
Expansion of an existing on-site facility that increases the capacity of the facility or the actual amount of hazardous waste handled by more than 2,000 tons per year; and
F. 
Facility which the director determines is subject to PMC § 18.84.490 and § 18.84.515 after the director has conducted the administrative review required under PMC § 18.84.480.
For the purpose of computing tons of hazardous waste under this section, the qualified aqueous portion of a wastewater stream shall not be included in the computation of the amount of hazardous waste managed.
(Ord. 1026 § 1, 1991)
A. 
An application for a facility not described in PMC § 18.84.475(A) through (E) shall be reviewed as provided in this section.
B. 
The director shall review an application under this section in order to determine: (1) whether the application is sufficiently complete in order to allow processing without the additional information required by PMC § 18.84.490; and (2) whether the proposed facility should be reviewed subject to PMC § 18.84.280 (permit required for the handling of hazardous materials) and PMC § 18.16.040 (specific findings necessary for conditional use permit), or subject to PMC § 18.84.515 (findings necessary for a facility described in PMC § 18.84.475).
C. 
The director may determine that the application shall be processed without the additional information required by PMC § 18.84.490 or subject to PMC § 18.84.515, but rather under PMC § 18.16.040 and § 18.84.280 and other applicable sections of this article, if he determines that:
1. 
Sufficient information exists to find whether the proposed facility generally conforms with the siting criteria contained in the city's hazardous waste management plan and the county plan (as appropriate for the particular facility under consideration), and that a complete health and environmental risk assessment is unnecessary under the circumstances of the particular project;
2. 
Based upon the information submitted, review under PMC § 18.16.040 and § 18.84.280 is adequate to protect the public health, safety and general welfare; and
3. 
Review under PMC § 18.16.040 and § 18.84.280 will provide adequate public involvement in the consideration of the facility.
D. 
If the planning commission determines to approve an application for a conditional use permit in which the director has made each of the findings under subsection (C) of this section, the commission may impose any or all of the conditions of approval described in PMC § 18.84.520, shall find that the proposed facility is consistent with the city's hazardous waste management plan and the county plan (as appropriate for the particular facility under consideration) and shall consider the appropriateness of imposing on the facility the mitigation measures described in the final environmental impact report prepared by Contra Costa County for the adoption of the county plan.
E. 
If the director does not make each of the findings under subsection (C) of this section, the application is subject to PMC § 18.84.515 and § 18.84.520, in addition to being subject to any other applicable sections of this article.
(Ord. 1026 § 1, 1991)
An expansion of an existing off-site single-user facility or of an existing on-site facility which is not described in PMC § 18.84.475(D) or (E), and which does not (A) increase the capacity of the facility by more than 50 percent, (B) increase the amount of waste managed by more than 50 percent of the amount managed in the previous 12 months, or (C) add the management of extremely hazardous waste in any amount, is not subject to administrative review under PMC § 18.84.480 or the provisions of PMC § 18.84.490, but shall be processed under PMC § 18.16.040 and § 18.84.280 and other applicable sections of this article.
(Ord. 1026 § 1, 1991)
An application for a facility subject to this section shall include the following information in addition to that required by PMC § 18.84.470:
A. 
A plot and development 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. 
Distance from the facility property line to the nearest adjacent structure, and a description and location of such structure,
10. 
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 as shown on the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency,
12. 
Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the State Department of Mines and Geology,
13. 
Evaluation of the susceptibility of the facility to earthquakes, including a specification of the minimum ground acceleration that should trigger an immediate shutdown of the facility,
14. 
Relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground within one mile of the facility,
15. 
Topographic description and plotting of the property and surrounding area on a topographic map,
16. 
Preliminary geological study of the property and surrounding area including data on the permeability of the substrate,
17. 
Existing and proposed utilities which service or will be required to service the facility, and
18. 
Radius and vicinity map including the project boundary;
B. 
A grading plan;
C. 
A title report completed within six months of the date of application submittal;
D. 
Identification of any other hazardous or solid waste facilities presently or in the past owned or operated by the applicant, with copies of all permits or permit applications and a listing of regulatory and community contacts for each facility, with their affiliations and current phone numbers;
E. 
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 formerly owned or operated by the applicant, or proposed for operation in the future;
F. 
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, operated or controlled by the applicant;
G. 
Financial statements for the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with operation of the facility;
H. 
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 post-closure costs;
I. 
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 applicable permits or applications for permits from the Bay Area Air Quality Management District;
J. 
Identification of any rare or endangered species of plants or animals within the proposed facility site and recommended mitigation measures;
K. 
Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological and historical resources, and proposed mitigation measures;
L. 
The results of preliminary studies on the impact of the proposed facility on real property values and local employment patterns;
M. 
A health and environmental risk assessment:
1. 
Based on a credible worst case accident scenario resulting from an upset condition involving hazardous materials or wastes. If the proposed facility will include any hazardous materials or wastes listed on the United States Environmental Protection Agency's list of extremely hazardous substances (as per Federal Register Volume 52, No. 77, page 13,397), the applicant shall submit a risk-management prevention program pursuant to Health and Safety Code Section 25531. The assessment shall recommend mitigation measures for all potentially significant impacts. The proposed scope, protocol, and methodology of the risk assessment shall be submitted to the director for approval prior to the initiation of the risk assessment,
2. 
Which analyzes, in detail, all credible probabilities of accidents or spills involving hazardous materials or wastes to be used at the site and transportation related accidents from the points of origin to the facility. The assessment shall identify mitigation measures to reduce identified risks. The assessment shall identify the transportation routes within the city which will yield the least risk of accident and environmental impact resulting from the transportation of hazardous waste to the proposed facility.
The risk assessment shall analyze risks concerning hazardous materials to the extent those risks are reasonably related to the presence or management of hazardous waste proposed in the application;
N. 
A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan shall include any monitoring requirements imposed by other permitting agencies such as, without limitation, the Bay Area Air Quality Management District, the Regional Water Quality Control Board and the State Department of Health Services;
O. 
Except for an on-site or single-user off-site facility, documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous waste;
P. 
A designation of at least two reasonable alternative sites;
Q. 
A detailed proposed public education and participation program to be employed during the decision-making process acceptable to the director; and
R. 
Such other information as the director may require to enable the complete evaluation of a particular application.
(Ord. 1026 § 1, 1991)
A. 
An application for a limited scope facility is not incomplete if the applicant does not submit the information contained in PMC § 18.84.490(H), (L) or (M). However, if an environmental impact report is required for the project, the EIR shall include the information contained in those items.
B. 
An application for an on-site or single-user off-site facility is not incomplete if the applicant does not submit all the information contained in PMC § 18.84.490(D), (E) or (F), if:
1. 
The applicant demonstrates to the director's satisfaction that production of that information would pose an unreasonable burden on the applicant;
2. 
The applicant states in writing the information the applicant can supply in an effort to satisfy the intent of PMC § 18.84.490(D), (E) or (F); and
3. 
The director determines that the applicant's proposed submittal of information is sufficient to provide meaningful review of the applicant's past performance in managing hazardous waste.
(Ord. 1026 § 1, 1991)
Any proposed modification of the type or quantity of hazardous waste to be managed at a facility which either exceeds the engineered design capacity or exceeds by more than 10 percent the expected throughput specified in the application for any type of waste, and which was not considered in an original application for the facility approved by the city, shall be the subject of an application for a modification of the conditional use permit. Materials from the original application may be used in the application for a modification to the extent allowed by the director.
(Ord. 1026 § 1, 1991)
A. 
The applicant shall pay in advance all costs for processing and reviewing the application; the preparation, review and administration of all environmental documents; and all activities of a local assessment committee.
B. 
The applicant shall be responsible for any additional reasonable fees should the director hire additional consultants to review environmental impact documents, risk assessments or perform any special studies.
C. 
The applicant is responsible for any other fees not specifically identified in this article which are necessary for the review and processing of an application, as determined by the director.
D. 
The applicant shall be responsible for the cost of any monitoring program established by the city to monitor the applicant's compliance with permit requirements during the facility's operational life and any post-closure period.
(Ord. 1026 § 1, 1991)
A. 
A local assessment committee (LAC) consisting of seven members shall be appointed by the city council for each proposed specified hazardous waste facility. The council may appoint a LAC for an application for a facility described in PMC § 18.84.475(B) through (F). Policies and procedures for establishing and administering the LAC are those contained in Health and Safety Code Section 25199.7.
B. 
The LAC shall review the application and environmental impact documents, solicit public comments on the proposed facility, provide comments to the planning commission and the city council on the initial study, any environmental impact report and the health and environmental risk assessment. The LAC shall make recommendations on required findings and conditions of approval described in PMC § 18.84.515 and § 18.84.520, respectively.
(Ord. 1026 § 1, 1991)
If an application for a facility is subject to this section, the planning commission shall not approve the application unless the commission makes each finding required by PMC § 18.16.040, and each of the following findings:
A. 
The proposed facility is consistent with the city's general plan and with the county plan, to the extent required for the facility under consideration.
B. 
The proposed facility complies with Section III, "Siting Criteria," Chapter 8 of the city plan, to the extent required for the facility under consideration.
C. 
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 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 the use, and reasonable restrictions or conditions to permit the establishment of the use will not prevent detriment or menace as indicated.
D. 
The conditions recommended by the local assessment committee, if one was appointed, were considered.
E. 
The activities of the applicant reasonably related to its proposed activities have not resulted in any material regulatory violations or contamination.
F. 
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 improved and located in such a manner as to provide for the safe transport of hazardous waste to the proposed facility.
G. 
Any significant environmental impacts identified in the environmental documentation have been satisfactorily addressed, and each of the mitigation measures contained in the final environmental impact report for the county plan have been considered and imposed as deemed appropriate.
H. 
The nature, condition and development of adjacent uses, buildings and structures shall be considered and no proposed facility shall be permitted where it will adversely affect adjacent uses, buildings or structures.
I. 
Alternative locations for the project both inside and outside the city have been adequately considered.
J. 
The site for a proposed facility shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the municipal code in order to integrate the facility with other uses in the neighborhood.
(Ord. 1026 § 1, 1991)
If an application is subject to this section, the planning commission shall consider each of the following as conditions of approval and impose those it deems appropriate, requiring the applicant to:
A. 
Develop baseline environmental data to determine air, water, noise, cultural resource, biological, public facilities, slope, geotechnical, hydrology, traffic, aesthetics and soil conditions prior to commencement of facility operations;
B. 
Provide ongoing or periodic environmental monitoring actions including air quality and groundwater and real-time continuous emissions monitoring for all incinerators. Any monitoring program shall include, without limitation, identification of:
1. 
All required mitigation measures for environmental impacts, including performance and compliance criteria,
2. 
Methods for necessary reporting or monitoring to verify compliance,
3. 
The individual or entity responsible for conducting required monitoring, and
4. 
A schedule for monitoring and reporting.
A monitoring program may include the creation of a standing communication and information panel during the facility's operational life and post-closure period to monitor compliance with conditions of approval and encourage communication between the applicant and the community;
C. 
Limit the use of access routes to and from the facility by vehicles containing hazardous waste;
D. 
Devise a plan satisfactory to the director for notification to the city of specified releases from the facility to the air, water or soil where notification is not specifically required by an operating permit. The plan may require immediate notification to the city's police department in the case of a serious release;
E. 
Provide reduced cost waste management services for local hazardous waste producers, and consideration of such services for household hazardous wastes, in the case of a specified hazardous waste facility;
F. 
Submit reports to and at times specified by the director, and to any standing committee, providing relevant information, such as data on the types and volumes of wastes received and managed, an update of all interactions with state and federal permitting agencies and any releases;
G. 
Provide procedures and systems for the immediate shutdown of the facility in the event of an earthquake in excess of specified ground accelerations, fires, and floods, and resumption of facility operations only following an independent facility inspection. Approved systems may require automatic shutdown devices;
H. 
Provide for a periodic general review by the planning commission of the applicant's compliance with the use permit and any facility agreement (see subsection (T) of this section), with provision for modifying the existing conditions or adding new conditions as appropriate;
I. 
Prevent the unauthorized entry of persons, livestock or wild animals onto any portion of the facility;
J. 
Provide a 24-hour surveillance system which continuously monitors and controls entry to the facility;
K. 
Provide perimeter fencing;
L. 
Allow city officials or their designated representatives to enter the premises at reasonable times for the purpose of ensuring compliance with all standards, conditions, and other requirements of the permit;
M. 
Within 15 working days of receipt, send the director copies of all complaints related to facility operations and copies of all inspection reports and documentation of any other regulatory action concerning or prepared by another local, state or federal agency;
N. 
Make periodic payment into a fund to be used to address any contamination problems that may arise after the 30-year post-closure period (for a residual repository or land disposal facility); and provide special benefits and remuneration to the city as compensation for local costs associated with the operation of the facility (Health and Safety Code Section 25199.7(d)(2)(A)(ii));
O. 
Prepare an emergency response contingency plan pursuant to Health and Safety Code Section 25503.5. The plan shall be approved by the Riverview Fire Protection District, maintained at the facility and sent to the police department, fire district, local hospitals and the Contra Costa County health services department. The applicant shall provide proof of distribution to the director before the issuance of a certificate of occupancy;
P. 
Prepare a written closure plan pursuant to Health and Safety Code Section 25246. This plan shall be approved by the State Department of Health Services and submitted to the director. All revisions to the closure plan shall also be submitted to the director with 15 working days of state approval;
Q. 
Before issuance of a certificate of occupancy, provide proof to the director's satisfaction that the applicant has met all of the financial responsibility requirements imposed by the State Department of Health Services and any other federal or state agency;
R. 
Be prohibited from storing hazardous waste over 90 days without a permit from the permitting agency under the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.);
S. 
Defend, indemnify and hold the city harmless against all claims, actions, or liabilities relating to approval of the application or operation of the facility;
T. 
Enter into an agreement with the city which contains all the required conditions of approval. In addition to the conditions of approval, the agreement may contain the following:
1. 
Provision for renegotiating and modifying the agreement or specific provisions based on facility expansion or significant changes in facility operations, or introduction or discovery of new information not considered as part of the original facility application, subject to any applicable notice and hearing requirements if modification of the use permit is necessary.
2. 
Provision for arbitration, including allocation of associated costs, of any disputes that arise between the applicant and the city regarding implementation of the agreement.
3. 
Provision for city approval of a proposed transferee of the facility. A proposed transferee shall demonstrate that it has the technical capability and experience and the financial resources necessary to the safe operation and closure of the facility, and has had no material violations of local, state or federal hazardous waste law.
4. 
For a specified hazardous waste facility, provision for payment by the applicant of all costs incurred by the city in processing and defending an appeal to the state of a land use decision on a facility application, or any condition attached to any approved facility permit, pursuant to the Health and Safety Code Section 25199.9 et seq. If the applicant is the appealing party and if the appeal board issues a final decision reversing the city's land use decision in accordance with Health and Safety Code Section 25199.14, then the city shall return payments made under this subsection to the applicant.
(Ord. 1026 § 1, 1991)
The duration of the conditional use permit shall be determined at the time of approval and shall not exceed 10 years. The applicant shall obtain all necessary building, site development or other permits within the time specified in the conditional use permit, and begin substantial construction of the facility within six months thereafter, or the permit shall be void.
(Ord. 1026 § 1, 1991)
If Contra Costa County amends the county plan after the adoption of this article, that amendment shall have no force or effect, and decisions on conditional use permits under this article need not be consistent with the amendment, unless the city council accepts the amendment. The council shall accept or reject the amendment by resolution after receiving and considering recommendations from the planning commission.
(Ord. 1026 § 1, 1991)
The provisions of this article do not apply to:
A. 
A project which has obtained a vested right before the effective date of this article;
B. 
A project which consists only of the maintenance, replacement, repair, replication, or augmentation of existing equipment and which does not require the issuance of a building permit;
C. 
A project consisting of reconstruction or repair of an existing facility which costs less than 25 percent of the assessed valuation of the structure at the time of reconstruction or repair;
D. 
A project for which the environmental review process under CEQA began before July 1, 1986, and for which Contra Costa County was the administrative agency; provided, however, that an expansion of such a project is subject to PMC § 18.84.475(D), (E) or (F), as appropriate;
E. 
A modification of a project that results solely from a change in regulations which alters the definition or characterization of hazardous waste. Unless otherwise exempt, a physical modification of a facility required by a regulatory change or agency is subject to the applicable provisions of this article; or
F. 
A project built solely to comply with federal or state laws, regulations, rules, or administrative or judicial orders under a compliance time schedule which precludes timely review under this article.
The exemptions granted by this section do not affect any other requirement of this title which may be applicable, including without limitation the provisions of Article VI of this chapter.
(Ord. 1026 § 1, 1991)
A conditional use permit granted under the provisions of this article shall be deemed to satisfy the requirement for a conditional use permit regarding hazardous materials in PMC § 18.84.280.
(Ord. 1026 § 1, 1991)
A. 
A person who violates any provision of this article or violates or fails to comply with each provision of a permit issued under this article is guilty of a misdemeanor and shall be punished as provided in PMC § 18.90.070.
B. 
The penalty provided in this section is in addition to the provisions of Chapter 18.28 PMC which provide for a forfeiture of the permit.
(Ord. 1026 § 1, 1991)