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HomeMy WebLinkAboutORD-11-91 Prohibit Hazardous Waste Treatment without PermitORDINANCE NO. 11- 91 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN URGENCY MEASURE PROHIBITING HAZARDOUS WASTE TREATMENT AND STORAGE FACILITIES WITHOUT A CONDITIONAL USE PERMIT.WHEREAS, the city Council of the City of orange has commissioned a study to develop appropriate criteria for the development of land uses involving the treatment, storage, and handling of hazardous waste as defined and controlled under the State of California's Tanner Act; and WHEREAS, the issue of hazardous waste is a cause of deep concern to the city Council and the residents of the city; and WHEREAS, the City Council finds that unless a restriction is placed upon the development of new facilities for such treatment,storage and handling of hazardous waste during the pendency of such study, pending and or expected applications to develop such facilities may result in severe adverse environmental impacts that cannot be properly mitigated by compliance with current standards, pose a serious risk of life and health endangering releases of hazardous and toxic substances, and otherwise endanger the lives and safety of workers and residents and thereby result in a serious threat to public health, safety and welfare.NOW, THEREFORE, the City Council of the city of Orange does ordain as follows:SECTION I:No use of land or any improvements on the land for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, as defined in California Health and Safety Code Section 25117, serving more than one producer of hazardous waste, shall be permitted in any district in the City except the M-2 District. In the M-2 District such use shall be permitted only after first obtaining a conditional use permit in accordance with Chapter 17.92 of the orange Municipal Code, which permit shall prescribe the conditions, under which such a use may be permitted. Such conditions shall be in addition to and not in derrogation of any other requirements of federal, state and local laws, rules, regulations and ordinances regulating any such hazardous waste or its treatment, transfer, storage, resource recovery, disposal or recycling.Section II:A summary of this Ordinance shall be published once within fifteen (15) days after this Ordinance's passage in the orange city News, a newspaper of general circulation, published and circulated in the City of Orange. The city Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of members voting for and against the Ordinance in accordance with Government Code section 36933. This Ordinance shall take effect immediately upon passage and shall be of no further force and effect forty-five days from the date of its passage unless extended in accordance with Government Code Section 65858.ADOPTED this 23rd day of 1991. ATTEST:7l1 "'~!fc- 1 ~ fttYf;City Cler f t~ C of Orange STATE OF CALIFORNIA)COUNTY OF ORANGE )CITY OF ORANGE )I, MARILYN J. JENSEN, City Clerk of the City of orange,california, do hereby certify that the foregoing Interim Ordinance adopted as an urgency measure was introduced, duly passed and adopted at the regular meeting of the city Council held on the 23rd day of April , 1991 by the following vote, to wit:AYES:COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER , COONTZ ,SPURGEON COUNCILMEMBERS: NONE NOES:ABSENT:COUNCIL MEMBERS: NONE ABSTAIN:COUNCIL MEMBERS: NONE a~ci y Clerk th i1V' of Orange Ord No. 11-