HomeMy WebLinkAboutORD-16-92 Regulating Siting & Development of Off-Site Hazardous Waste FacilitiesORDINANCE NO. 16-
92 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REGULATING THE SITING
AND DEVELOPMENT OF OFF-SITE
HAZARDOUS WASTE FACILITIES PURSUANT TO
THE CALIFORNIA HEALTH AND SAFBTY CODB AND
THE ORANGB COUNTY HAZARDOUS WASTE
MANAGEMENT PLAN.WHEREAS, the siting and development of
hazardous waste facilities is a matter of utmost public concern
over pUblic health and
safety; and WHEREAS, the City council has previously
adopted and extended an interim ordinance requiring a
conditional use permit for any off-site hazardous
waste facility; and WHEREAS, AB2948 (Tanner, 1986) requires
the county of Orange to adopt a Hazardous Waste
Management Plan ("County Plan") certified by the California
Department of Toxic Substances Control, and the city of Orange
to adopt, by ordinance or general plan
amendment, hazardous waste controls consistent with the County Plan
within 180 days after the city receives notice of the
certification of the
County Plan; and WHEREAS, the City received notice
of the certification of the County Plan on or about December
10, 1991; and WHEREAS, state law, the Plan, and
sound public policy all require the adoption of an
ordinance regulating the siting and development of hazardous
waste facilities
within the City.NOW, THEREFORE, the City Council of the
City of Orange does hereby
ordain as
follows:SECTION I:A new section 17.46.040(0),
adding Off-site Hazardous Waste Facilities as a conditionally permitted
use in the Ml Zone, is hereby added to the Orange
Municipal Code
to read as follows:O. An Off-
site Hazardous Waste Facility, as defined in and subject
to the provisions of Chapter 17.100
SECTION II:
A new Chapter 17.100 is hereby added to the orange
Municipal Code to read as follows:
sections:
17.100.010
17.100.020
17.100.030
17.100.040
17.100.050
17.100.060
17.100.070
17.100.080
17.100.090
17.100.100
17.100.110
17.100.120
Chapter 17.100
HAZARDOUS WASTE FACILITIES
Purpose and Intent.
Definitions.
Permit Required.
Application Requirements.
Environmental Review.
Local Assessment Committee.
Public Hearings.
Findings.
Appeals.
Facility siting criteria And Permitting
Requirements.
Special Development Requirements.
Use of Permit.
section 17.100.010 Pureose and Intent. The purpose of
this Chapter is to establish uniform standards, land use
regulations and a permit process for controlling the
location, design, maintenance and safety of off-
site hazardous waste facilities. The zoning Ordinance is
amended to implement general plan policies regarding section 6.5
of Division 20 of the California Health and Safety Code
and Program A-3 in the Orange County Hazardous
Waste
Management Plan.NOTE: A HANDOUT IS AVAILABLE FROM THE COMMUNITY DEVELOPMENT DEPARTMENT OUTLINING THE
PROCESS SET FORTH IN STATE LA~ FOR APPROVAL OF AN OFF-SITE
HAZARDOUS WASTE FACILITY]section 17.100.020
Definitions. Unless otherwise stated, the following definitions pertain
to this ordinance:A. APPLICANT means any person applying
to the city for a permit or a land use decision
concerning a specified hazardous waste facility, as defined
under the term proponent" of California Health and
Safety Code section
25199.1(i) .B. GOVERNOR'S APPEAL BOARD means a
board formed to review the appeal by an applicant as defined
herein of a specified hazardous waste facility
land use decision disapproved by the city or County or of
one or more conditions of approval placed on
an approved specified hazardous waste facility or an appeal
by an interested person as defined herein based solely on
the grounds that the conditions imposed do not adequately
protect the public health, safety, or welfare. The Governor's
Appeal Board's Ord
membership purpose and procedures are defined by California
Health and Safety Code section 25199.9-.14.
C. HAZARDOUS WASTE means a waste, or combination of
wastes, which because of its quantity, concentration,
toxicity, corrosiveness, reactiveness, carcinogenicity,
teratogenicity, mutagenicity or flammability, or any
physical, chemical, or infectious characteristic may; 1)
cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible illness; or 2) pose a substantial
present or potential hazard to human health or the
environment when improperly treated, stored, transported, or
disposed of, or otherwise managed. Without limiting the
foregoing, "Hazardous Waste" also includes any waste defined
as hazardous or toxic under applicable federal, state or
local laws, ordinances, rules, or regulations.
D. HEALTH AND SAFETY ASSESSMENT means a technical and
environmental evaluation of a proposed facility, site, and
surrounding area prior to approval of a local permit. The
assessment will consider the qualities and the physical and
chemical characteristics of the specific types of waste that
would be handled. The assessment will include a hydraulic
evaluation as well as risks due to flooding, earthquakes and
potential water or air pollution. It is not intended that
the Health and Safety Assessment duplicate information
developed for environmental impact reports or risk
assessments required under local, state or federal
regulations.
E. IMMOBILE POPULATIONS means schools, hospitals,
convalescent homes, prisons, facilities for the mentally
ill, and other similar facilities.
F. INTERESTED PERSON means a person who participated
in one or more public meetings or hearings held to consider
an application for a land use decision for a specified
hazardous waste facility project. Participation as defined
in California Health and Safety Code Section 25199.1(c)
includes, but is not limited to, the giving of or written
testimony at a meeting or hearing, submission of questions
at a meeting or hearing, or attendance at the meeting or
hearing.
G. LAND USE DECISION means a discretionary decision
of the city concerning a specified hazardous waste facility
including the issuance of a land use permit, a conditional
use permit, the granting of a variance, the subdivision of
property and the modification of existing property lines
pursuant to Title 7 commencing with Section 65000 of the
Government Code.
H. LOCAL ASSESSMENT COMMITTEE (LAC) means a State
required committee of locally appointed representatives,
designated to negotiate with the proponents of a proposed
hazardous waste facility. The membership, duties and
mission of the Committee are defined by California Health
and Safety Code Section 25199.7(d) as reiterated herein by
this Section of this ordinance.
3 Ord No. 16-
I. OFF-SITB HAZARDOUS WASTB FACILITY means
any structures, other appurtenances, and improvements on
the land, and all contiguous land serving more than one
producer of hazardous waste and used for the treatment,
transfer,storage, resource recovery, disposal, or recycling
of hazardous waste including but not limited
to:1. incineration facility (i.e. rotary kiln,
fluid bed,
etc.);2. residual repository; (receives only residuals
from hazardous waste treatment
facilities)3. stabilization/solidification
facilities;4. chemical oxidation
facilities;5. neutralization/precipitation
facilities;6. transfer/storage
facilities.Off-site Hazardous Waste Facility shall
not include any: a) Transportable Treatment unit (TTU), 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 b) permanent on-site hazardous
waste facility at the location where hazardous waste is
produced, and which are owned by, leased to, or under the
control of the producer
of the waste.J. OFFICB OF PERMIT ASSISTANCE (OPA)
means the state of California Office
of Permit Assistance.K. OFFICE OF PLANNING AND RESEARCH (
OPR) means the state of California Office of
Planning and Research.L. RESIDUALS REPOSITORY means
a waste disposal facility specifically restricted to
receiving only residuals from hazardous
waste treatment facilities.M. SPBCIFIED HAZARDOUS WASTE
FACILITY means a specific off-
site facility project proposal.17.100.030 Permit
Reauired. No Off-site Hazardous Waste Facility shall
be constructed, installed, operated, or maintained in, or within
300 feet of any residential,commercial, or office/
professional zone or district. Off-site Hazardous
Waste Facilities shall be constructed,installed, operated, or maintained only
in the M-1 and M-2 Zones and
only after first obtaining a Hazardous Waste Facility Siting
Permit (in accordance with this Chapter and Division 20, Chapter 6.
5 of the California Health and Safety Code, as
amended from time to time (including, without limitation, sections
25199 through 25199.14) and all other
applicable federal, state, county, and city permits,licenses,
and approvals. The Hazardous Waste siting Permit is also a conditional
use permit, and is subject to all provisions
of the Orange Municipal Code relating to conditional
use permits (except as specifically modified in this Chapter)
in
addition to the requirements of this Chapter.
17.100.040 ADD1ication Reauirements. An application for a Hazardous
Waste Facility Siting Permit
deemed complete unless it includes all of the following
information in such form, format, and detail as reasonably
determined by the Director of Community Development:
A. A completed application form;
B. A completed environmental assessment form;
C. Property owner verification/permission for
request;
D. A deposit/fee in an amount at least sufficient to
pay all costs required by this chapter and/or any provision
of state law to be borne by the applicant, or as otherwise
established by city council Resolution;
E. A scaled site plan drawn in sufficient detail to
clearly describe the following:
1. Physical dimensions of property and structures;
2. Location of existing and proposed structures;
3. Setbacks;
4. Methods of circulation;
5. Ingress and egress;
6. utilization of property under the requested
permit;
7. The distance from the project property lines to
the nearest residential structure;
8. Proximity of the project to 100-year flood
plain
areas;9. Proximity of the project to any known
earthquake fault
zones;10. The relationship of the proposed project to
all above ground water supplies as well as known
underground aquifers that could conceivably suffer
contamination;11. Topographic description of the property
and surrounding
area;12. Existing and proposed utilities which service
or will be needed to service the facility;
and 13. Identification of surrounding zoning and
land uses;
and 14. Identification of Immobile Populations within (
1 Mile) of the proposed
site;15. Landscape plans showing the location and
details of all landscape
areas;16. Building elevations showing building
height,exterior materials and architectural
theme;17. other information as required by the Director
of Community
Development.F. 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;G. Identification of all waste water, treated
and untreated, generated by the proposed facility and the
method and place of final
discharge;H. Identification of the amounts (tonnage) and
types of hazardous wastes to be treated at the proposed
facility;the sources of the these wastes; the ultimate disposition
of the wastes; and the anticipated life of the
facility.5 Ord No.
Information shall be provided on the amounts, sources and
types of hazardous wastes to be treated which 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.
I. The three sets of mailing labels, in accordance
with Section 17.100.070A, for all owners of record, as
shown on the latest County equalized assessment rolls, of
surrounding properties that lie within a 300 foot radius of
the boundary of the project site.
J. A plan that clearly delineates all public
involvement with the proposed project prior to any formally
advertised and scheduled public hearings. Said plan will
provide for adequate public testimony on the project in an
effort to mitigate all public concerns prior to the public
hearing on the application.
K. A plan that identifies an ongoing monitoring
program to ensure no unintentional release of any hazardous
substance from the site. This shall include but not be
limited to any ongoing monitoring necessary by other
permitting agencies such as the California Department of
Health Services, South Coast Air Quality Management
District, Environmental Protection Agency, California Air
Resources Board, Regional Water Quality Control Board, etc.
L. A preliminary contingency plan for emergency
procedures designed to minimize hazards to human health or
the environment from fires, explosions or any unplanned
sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water. The
plan shall provide for its immediate implementation
whenever there is a fire, explosion, or release of hazardous waste
or hazardous waste constituents which could threaten
human health or the environment. The preliminary contingency
plan shall address the requirements included in
Section 17.100.110B;
and M. An explanation of how the proposed project
will meet the required findings of Section 17.100.080 and
Section 17.92.
020A.N. A closure plan meeting the requirements of
Section 17.100.
110D.o. other information as required by the Director
of Community Development to demonstrate compliance with
the Facility Siting criteria as outlined in Section 17.100.
100.17.100.050 Environmental
Review.A. The project shall be subject to
environmental analysis according to the City's established
procedures pursuant to the California Environmental Quality Act (
Public Resources Code Sections 21000-
21177; 15000-15387).B. The environmental analysis shall
address but not be limited
to the following:1. Descriptions of a
reasonable range of feasible alternatives to the project
including, but not limited to, at least two (2) alternative
sites in addition
Ord
to a "no project" alternative, which shall be reviewed
pursuant to the California Environmental Quality Act (Public
Resources Code Section 15060(d))
2. An analysis of visual, noise and any
olfactory impacts associated with the project and proposed
mitigation measures.
3. An analysis of all anticipated air quality
impacts associated with the project and proposed mitigation
measures to ensure no degradation of air quality in the
area.
4. A health and safety assessment that analyzes
in detail all probabilities of accidents or spills at the
site, as well as, transportation related accidents from the
point of origin to the facility. Such analysis shall
identify mitigation measures to reduce identified risks.
The health and safety assessment shall identify the most
probable routes for transporting hazardous wastes to the
facility within Orange County.
5. An analysis of traffic impacts associated with
the project and recommended mitigation measures.
6. An analysis of all anticipated water quality
impacts associated with the project and proposed mitigation
to ensure no degradation of water quality in the area.
7. Other information as required by the
California Environmental Quality Act.
17.100.060 Local Assessment Committee. Pursuant to
section 25199.7 of the California Health and Safety Code,
the city Council shall appoint a seven member Local
Assessment Committee (LAC) for each proposed project. The
City council shall have authority to appoint additional
members to this committee as they deem appropriate. Each
LAC shall have the power and duties, and perform the
functions set forth in said section 25199.7 and/or as
otherwise specified by state law. The LAC shall be broadly
constituted to reflect the makeup of the community and shall
include three representatives of the community at large, two
representatives of environmental or public interest groups,
and two representatives of affected businesses and
industries or as otherwise specified by state law. Members
of the LAC shall have no direct financial interest, as
defined in section 87103 of the California Government Code,
in the proposed specified hazardous waste facility project.
If the LAC and the applicant are unable to resolve all
issues and differences through the procedures specified in
state law, the matter shall be submitted for dispute
resolution assistance by the State Office of Permit
Assistance prior to any public hearings. The applicant
shall pay any part of the costs for this assistance not paid
by the State of California.
17.100.070 Public Hearinqs.
A. Information required for public hearing:
7
Ord No. 16-
1. The applicant shall provide not less than one
month prior to a scheduled public hearing, three sets of
mailing labels for all owners of records as shown in the
latest County equalized assessment rolls that lie within a
300 foot radius of the boundary of the project site.
B. Public Notices:
1. Notice of a public hearing shall be given not
less than ten (10) days prior to the date of hearing.
2. Notices shall contain information on the
project, including a brief description of the proposal, the
environmental review status, and the hearing date, time and
location.
3. Notices shall be mailed out to all names on
the list required by subsection A above.
4. Notices shall be displayed on the property
and at public posting sites designated by the city council
and/or published in newspaper(s) of general circulation.
5. The applicant shall pay the costs of all
public notices, whether mailed, posted or published, as part
of the deposit/fee required in section 17.100.040.
C. Public hearings:
1. The Director of Community Development shall
set the time and place of public hearings required to be
held by the Planning Commission.
2. The Planning Commission shall hold at least
one (1) public hearing and shall then recommend to the City
Council approval, denial, or conditional approval of the
request by resolution based on the findings in Section
17.100.080.
3. The City Council shall then hold at least one
public hearing and shall approve, deny or conditionally
approve the request, by resolution, based on the findings in
Section 17.100.080.
D. A Hazardous Waste Facility Siting Permit shall
become valid 30 days after the date approved by the City
Council unless appealed in accordance with Section
17.100.090 below.
17.100.080 pindinqs.
A. No Hazardous Waste Facility Siting Permit shall be
granted unless the following findings are made in writing by
the Planning Commission and City Council, after
consideration of the evidence presented at the public
hearings.:
1. The project will be consistent with the
General Plan.
2. The project will not be detrimental to the
health, safety, or general welfare of the community.
3. The project site is or will be adequately
served by roads and other public or private service
facilities.
4. The project will be consistent with the
Regional Fair Share Facility Needs Assessment and siting
Ord No. 16-92
policies established in the Orange county Hazardous Waste
Management Plan.
5. The project will comply with the Facility
siting criteria per section 17.100.100.
6. The project will meet the required findings
for a Conditional Use Permit set forth in Section 17.92.020A
of the orange Municipal Code.
17.100.090 ADDeals.
An applicant or an interested person may file an appeal of a
land use decision made hereunder by the city Council to the
Governor's Appeals Board pursuant to the California Health
and Safety Code Section 25199.9, or as otherwise provided by
State law.
17.100.100 Facilitv sitinq criteria And Permittinq
ReClUir_ents.
The following siting criteria has been established for
use by hazardous waste facility applicants in locating and
designing suitable facility sites and facility projects.
The purpose of the criteria is to reduce public health and
environmental risks and governmental costs associated with
development of the facility (Reference: 1988 Orange County
Hazardous Waste Management Plan - Table V-3).
A. Protect the Residents of orange county and the city
of Orange.
1. Health and safety Assessment
All Facilities: Facilities shall be sited so as not to
create significant risks or cause adverse impacts to the health
and safety of populations in surrounding public and private
areas, as determined by a Health and Safety Assessment. A Health
and Safety Assessment by a state licensed expert in the
applicable field (or, if no state license is applicable, a
preparer otherwise shown by academic training and experience to
be a qualified expert to the satisfaction of the city) is
required for a proposed facility prior to approval of a local
permit, to provide technical and environmental evaluation of the
proposed facility, site and surrounding area. A Health and
Safety Assessment will provide the information and analysis
needed to demonstrate compliance of the proposed facility with
the Siting Criteria. The scope of the assessment will vary
according to the size, type and proposed location of the
facility. It is not intended that the Health and Safety
Assessment duplicate information developed for environmental
impacts reports or risk assessments required under local, state
or federal regulations. When environmental impact reports and
health risk assessments are required, their scope should provide
the information and analysis required, and thereby suffice for
the Health and Safety Assessment.
The Health and Safety Assessment shall evaluate, at
minimum the area within 2,000 feet of the site, which is
designated a sensitive area, and shall evaluate the potential
impact on sensitive populations within that area and on immobile
populations within one mile of the site. Sensitive populations
9 Ord No. 16-
include residential populations, employment populations, and
immobile populations such as those in schools, hospitals,
convalescent homes, jails and other similar facilities within the
area of potential impact. The Health and Safety Assessment must
consider the quantities and the physical and chemical
characteristics of the specific types of waste that would be
handled, the facility design features and planned operational
practices. The need and distance for any buffering of the
facility from residential areas or other sensitive land uses
will be identified. The Assessment shall include a hydrologic
evaluation, and shall assess risks due to physical hazards such
as flooding and earthquakes and potential water or air pollution.
The Assessment shall detail credible potential accidents,
including the distance over which effects would carry a variety
of options for reducing risks, and procedures for dealing with
the effects. The Assessment will identify the capabilities
including equipment and trained personnel) and response times
of existing emergency services with regard to accidents at the
facility, and will provide an emergency evacuation plan. If
existing emergency services are deemed inadequate, the local
agency may require the developer to supplement those services
with onsite trained personnel and equipment.
Avoidance or mitigation of potential significant health
or safety risks must be demonstrated to the satisfaction of the
local permitting agency and the California Department of Health
Services.
2. Distance from Populations
Treatment. Recvclina and Collection Facilities:
Facilities shall comply with local minimum zoning code setbacks
unless a greater buffer distance from other uses is deemed
necessary, based on a required Health and Safety Assessment.
Residuals Reoositories: A minimum buffer distance of
2,000 feet from residences and other sensitive land uses is
required for a hazardous waste residuals repository per Health
and safety Code section 25202.5(b) and (d). The size of the
buffer zone necessary to protect public health and safety will be
identified based on a required Health and Safety Assessment.
B. Ensure the structural stability of the Facility.
1. Floodplains
All Facilities: Facilities must be designed,
constructed, operated and maintained to preclude failure due to
flooding, per flood control authorities and requirements.
provisions must be made to contain and test storm runoff prior to
discharge in areas subject to contamination by waste or treated
material. The required Health and Safety Assessment will address
flooding risks associated with the facility.
Treatment. Recvclina and Collection Facilities:
Facilities may be located in areas subject to 100-year
flooding only if protected by offsetting engineered improvements, such
as berms or raising the facility above flood levels. This
includes areas subject to flooding by dam or levee failure and
natural causes such as river flooding, flash floods, rainfall, or
snow melt, tsunamis (tidal waves), seiches (earthquake-
induced waves Ord No.
in lakes), and coastal flooding. A structural analysis or
engineering design study must be provided which shows methods to
prevent inundation or washout.
Residual Reoositories: Repositories are prohibited
from locating in floodplain areas subject to loo-year
flooding from natural cases or dam failure, even with protection, per
Code of Federal Regulations (CFR), Title 40, section 264.18(b),
and California Administrative Code (CAC), Title 22,
section 66391(a) (11) (
b).2.
Earthquakes.All Facilities: Facilities must have a minumum
200-foot setback from active or recently active geologic faults,
per the California Administrative code (CAC), Title 22,
Section 6391(a) (11)A(I) and (2). The required Health and
Safety Assessment will address earthquake safety of the
facility.3. Unstable
Soils.Treatment. Recvclinq and Collection
Facilities:Facilities are prohibited from locating in areas of
potential rapid geologic change, unless the facility and its
containment structures have engineered design features to assure
structural stability. This includes areas with unstable soils,
steep slopes, and areas subject to liquefaction, subsidence, or
other severe geologic constraints. The required Health and
Safety Assessment will include a geologic report defining any
such constraints and engineered
solutions.Residual Reoositories: Repositories are
prohibited from locating in areas of potential rapid geologic
change,subsidence, or liquefaction per California Code of
Regulations,Title 23, Subchapter 15, section 2531(e). The required
Health and Safety Assessment will include a geologic
report.C. Protect Surface and Groundwater
Quality 1. containment and Groundwater
Monitoring.All facilities: Facilities shall be fully enclosed
by containment structures of impermeable materials which
would contain any unauthorized release of hazardous
material.Facilities shall be equipped with leak detection
and spill control and recovery capability. Groundwater
monitoring wells must be located around each facility to
determine background vadose zone and groundwater quality, and to
detect leaks and spills from the facility. An ongoing
groundwater monitoring program should be developed in consultation
with local, state and water district
representatives.2. Water
Quality All Facilities: Facilities shall not be sited
within watershed areas tributary to open reservoirs and aqueducts
that contain drinking water supplies. Facilities shall locate
such that domestic water supply wells cannot be adversely
affected from unauthorized releases of contaminants. As a
minimum standard, facilities shall locate at least one mile from
domestic supply wells in the Forebay area (principal) recharge area to
the Orange County groundwater basin), and at least one-half
mile from domestic supply wells in the pressure area of the
Orange County groundwater basin, unless clearly demonstrated to be
safe at closer proximity through the Health and
Safety Assessment.ord No. 16-92 11
Facilities shall not locate within wellhead protection zones as
identified by EPA guidelines or municipal water supply agencies
and local water districts. Facilities shall not impact the
quality of surface waters (lakes, rivers, streams, creeks, etc.)
or groundwater resources which have been identified for
beneficial uses by the Regional Water Quality Control Board Basin
Plan (per state Water Resources Control Board Policy Resolution
88-63). The required Health and Safety Assessment will
identify water quality issues. Facilities must meet federal, state
and local water quality
requirements.Treatment. recvclinq and collection
facilities:Facilities may locate in the following areas only with
increased engineering design features, such as horizontal and
vertical containment and monitoring systems clearly demonstrated in
the Health and Safety Assessment to be safe at the particular site,
to ensure protection: (a) Major aquifer recharge areas, (b)
Areas of permeable strata and soils, (c) Areas where the
existing groundwater has beneficial uses as described in the Basin
Plan.Facilities with subsurface storage or treatment must be
sites,designed and operated to ensure that hazardous materials will
be a minimum of five feet above the highest anticipated elevation
of underlying
groundwater.Residuals Repositories: Repositories are
prohibited from locating in principal recharge areas to regional aquifers
as defined in local or state plans, including the Forebay
area.Repositories are prohibited in areas of high permeability (
such as sand and gravel) per the requirements of the State
Water Quality Control Board and California Code of Regulations,
Title 23, Subchapter 15, section 2531(b) or any other applicable
state,federal or local law, ordinance, rule or
regulation.Repositories may be located only where the uppermost
water-bearing zone or aquifer is presently mineralized (by natural)
or man-induced conditions) to the extent that it is
not considered for beneficial use by the Basin Plan. Repositories
must be sited, designed and operated to ensure that
hazardous materials will be a minimum of five feet above the
highest anticipated elevation of any
underlying groundwater.
3. Wastewater All Facilities: Facilities
generating wastewaters should be located in areas with adequate
industrial sewer capacity. The quality of wastewater must meet all
federal, state and local sewering agency discharge requirements and
the facility must obtain a valid industrial wastewater
discharge permit.D. Protect
Air Quality.1. Air Quality Nonattainment and
PSD Areas.All Facilities: Facilities are prohibited in
Class I areas as identified in the Clean Air Act, and
within wilderness,National parks, memorial areas and similarly
dedicated areas.Facilities may be sited in other nonattainment
and PSD Prevention of Significant Deterioration) areas only if
they meet the requirements of the South Coast Air
Quality Management District. The required Health and Safety
Assessment will identify air emissions, impacts and mitigations
associated with
the facility.Ord No.
B. Protect Bnvironmental Sensitive Areas.
1. Wetlands.
All Facilities: Facilities are prohibited from
locating in wetlands such as saltwater, freshwater and brackish
marshes, swamps and bogs, as defined in local, regional, and
state plans and policies (generally, areas inundated by surface
or groundwater with a frequency to support, under normal
circumstances, a prevalence of vegetative or aquatic life which
requires saturated soil conditions for growth and reproduction).
2. Animal and Plant Habitats.
All Facilities: Facilities are prohibited from
locating within critical or significant habitat areas of animal
and plant species (including threatened or endangered species),
as defined in local, regional or state plans and policies.
3. Prime Agricultural Lands.
All Facilities: Facilities are prohibited from
locating on prime agricultural lands, as defined in California
law and local plans, unless an overriding public need is served
and demonstrated.
4. Recreational, Cultural and Aesthetic
Resources.
Collection Facilities: Low volume transfer and storage
facilities may locate in protected, recreational, cultural or
aesthetic resource areas, as defined by local, regional, state or
national plans or policies, only if necessary to handle hazardous
wastes generated by workers, residents or visitors in these
areas.
Treatment and Recvclinq Facilities and Residuals
Reoositories: Facilities are prohibited from locating in
protected recreational, cultural and aesthetic resource areas, as
defined by local, regional, state or national plans or policies.
s. Mineral Resource Areas.
All Facilities: Facilities are prohibited from
locating on lands containing significant mineral deposits, as
classified by local plans or California's mineral land class maps
and reports, if the extraction of the mineral deposit would be
precluded.
F. Ensure Safe Transportation of Hazardous Waste
1. proximity to Waste Generation Areas.
Treatment. Recvclinq and Collection Facilities:
Facilities should locate close to sources of hazardous waste
generation (generally industrial areas) to minimize the risks of
transportation.
Residual Reoositories: Repositories may be located
more distance from the sources of hazardous waste generation than
other facilities because of the need for larger land areas and
buffer zones.
2. Proximity and Access to Major Routes.
All Facilities: Facilities shall be located to
minimize distance from major transportation routes. Facilities
must have good access by road designed to accommodate heavy
vehicles. Travel routes from facilities to major transportation
routes shall not pass through residential neighborhoods, shall
13 Ord No. 16-
minimize residential frontages, and shall be demonstrated as safe
with regard to road design and construction, accident rates,
excessive traffic, etc. The required Health and safety
Assessment will evaluate risks associated with transportation of
hazardous wastes.
G. Protect the Social and Economic Goals of the
community.
1. consistency with General Plan.
All Facilities: Facilities must be consistent with
local planning policies, including the City general plan and
zoning ordinances.
2. Fiscal Impact.
All Facilities: A facility's fiscal impact to the City
must be demonstrated.
3. Socioeconomic Impacts.
All Facilities: The city may require the facility
developer to fund an independent study on socioeconomic impacts
of the facility.
4. consistency with Orange county Hazardous Waste
Management Plan.
All Facilities: Facilities shall be consistent with
the goals and policies of the Orange County Hazardous Waste
Management Plan, and must demonstrate compliance with the siting
criteria established herein. Facilities shall be consistent with
the fair share principle, and with any interjurisdictional
agreements on hazardous waste management. Local needs are to be
the primary basis for facility siting criteria decisions, along
with regional commitments; facilities are to be designed and
sized primarily to meet the hazardous waste management needs of
Orange County, or to meet the County's broader regional
commitments under an interjurisdictional agreement.
17.100.110 SDecial DeveloDment Reauirements.
A. Generally Applicable Conditions.
Every City hazardous waste facility permit is deemed to be
subject to the following conditions, whether or not specifically
listed in the permit approval, and the applicant and facility
operator shall comply with each of the following:
1. 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.
2. The operator shall provide a 24-hour
surveillance system (e.g., television monitoring or surveillance by guards
or facility personnel) which continuously monitors and
controls entry onto the
facility.3. An artificial or natural barrier (e.g., a fence
in good repair or a fence combined with a cliff) shall
be constructed which completely surrounds the
facility.4. 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 Ord.
No.
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 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.B. Contingency
Plan.1. Every hazardous waste facility is required to
have a contingency plan designed to minimize hazards to human
health and the environment from fires, explosions, or unplanned
release of hazardous waste to air, soil, or surface water. The
plan shall be carried out immediately whenever a fire, explosion,
or unplanned release
occurs.2. The contingency plan shall
include:a. The actions employees must take in
response to a fire, explosion, or unplanned release of
hazardous
waste;b. Procedures for notification of
emergency response
agencies;c. The names, addresses and telephone
numbers office and home) of all persons qualified to act
as emergency coordinator. (If more than one name is
listed,the order in which they may assume authority shall be
given,with one person designated as primary coordinator.)
The emergency coordinator shall be available to respond to
an emergency and shall have the responsibility for
coordinating all emergency response measures. The emergency
coordinator shall be familiar with all aspects of the contingency
plan,all operations and activities of the facility, the
location and characteristics of wastes handled, and general
facility layout. The emergency coordinator shall have the
authority to commit the resources needed to carry out the
contingency
plan;d. A listing of all emergency equipment at
the facility, including its location and an outline of
its
capabilities;e. An evacuation plan for employees
where evacuation may be necessary, including signals used to
begin evacuation, primary evacuation routes and alternate
routes.3. Facility Emergency Coordinator
Responsibilities shall be identified in the contingency plan to include,
at minimum, the
following:a. In event of emergency (imminent or
natural)fire, the emergency coordinator shall immediately
activate facility alarms to notify employees and shall contact
all appropriate state and/or local emergency response
agencies.b. In the event of a fire, explosion, or
release of hazardous material, the emergency coordinator
shall immediately identify and disclose to all appropriate
state and/or local emergency response agencies the
character,exact source, amount and real extent of any
released materials. Concurrently, the emergency coordinator
shall assess possible hazards both direct and indirect, to
human 15 Ord No.
health or the environment that may result from the
emergency.
c. If the emergency coordinator determines that
the facility has had a release, fire or explosion which
could threaten human health and/or the environment outside
the facility, the emergency coordinator shall report his
findings as per the following Subsections (d) and (e).
d. If evacuation is necessary, local officials
shall be so notified.
e. The emergency coordinator shall, in every
situation, promptly notify the State Office of Emergency
Services by telephone/or such other telecommunications as
provided by that Office, providing the following
information:
1) Name and telephone of person reporting;
2) Name and address of facility;
3) Time and type of incident;
4) Name and quantity of material(s) involved;
5) Extent of injuries; and
6) possible hazard to human health and the
environment outside facility.
f. During the emergency, the emergency
coordinator shall take all reasonable measures to ensure
that fires, explosions, and releases do not occur or spread,
including such measures as:
1) Stopping operations;
2) Collecting and containing released waste; and
3) Removing or isolating containers.
g. If the facility stops operations during an
emergency, the emergency coordinator shall monitor for
leaks, pressure build-ups, gas generation or ruptures
in valves, pipes or other equipment as
appropriate.h. Immediately after an emergency, the
emergency coordinator shall provide for treating, storing or
disposing of recovered waste, contaminated soil or surface water,
or any other material resulting from a release, fire
or
explosion.i. Other activities required of the
emergency coordinator after an emergency
are:1) No wastes incompatible with the
release material is handled until clean-up is
completed; and 2) Emergency equipment is cleaned and
ready for use before operations
are resumed.4. Owner/Operator Responsibilities
shall be identified in the contingency plan to include,
at minimum,
the following:a. Notify the State Department
of Health Services and appropriate state and local
authorities that the above requirements have been met before
operations are resumed in the
affected area.b. Record the time, date and details
of any incident which requires implementing the
contingency plan.Ord
No.
c. within 15 days submit a written report on the
incident to the state Department of Health Services. The
report shall include:
1) Name, address and telephone number of the
owner/Operator;
2) Name, address and telephone number of the
facility;
3) Date, time and type of incident;
4) Name and quantity of materials involved;
5) Extent of any injuries;
6) Assessment of actual or potential hazards to
human health or the environment, where applicable; and
7) An estimate of the quantity of material
recovered and its disposition.
d. A copy of the contingency plan shall be
maintained at the facility. A copy shall be sent to the
City and County police and fire departments, local
hospitals, and the county environmental health agency.
e. The contingency plan shall be reviewed and
amended when any of the following occur:
1) The facility permit is revised;
2) Applicable regulations are revised;
3) The plan fails in an emergency;
4) Operations at the facility change in a way
that materially increases the potential of fire, explosion
or unplanned release of hazardous waste;
5) The list of emergency coordinators changes;
6) The list of emergency equipment changes.
C. Monitoring.
1. Upon notice, City Officials, their designated
representative and representatives of other affected regulatory
agencies may enter a parcel on which a hazardous waste facility
permit has been granted for the purpose of monitoring the
operation of the facility.
2. In addition to the requirements of Chapter 15.33 of the
Orange Municipal Code, the holder of a hazardous waste facility
permit shall report quarterly to the City of Orange Fire
Department, the amount, type and disposition of all wastes
processed by the facility. The report shall also include a map
showing the exact location (coordinates and elevation) by
quantity and types of materials placed in repositories (or
otherwise stored or disposed of) onsite.
3. All structures shall remain accessible for inspection
purposes.
D. Closure Plan.
Pursuant to section 17.100.040N, the owner or operator
of a hazardous waste management facility shall submit a written
closure plan, which must be approved as part of the permit
process by the city Council. A copy of the approved plan and all
revisions to the plan shall be kept at the facility until closure
is completed. The plan shall identify steps necessary to
completely or partially close the facility at any point during
its intended operating life and to completely close the facility
at the ends of its intended operating life and to completely
17 Ord No. 16-
close the facility at the ends of its intended operating life.
The closure plan shall include at least:
1. A description of how and when the facility will be
partially closed, if applicable, and finally closed. The
description shall identify the maximum extent of the operation
which will be open during the life of the facility.
2. An estimate of the maximum inventory of wastes in
storage and in treatment at any time during the life of the
facility.
3. A description of the steps needed to decontaminate
facility equipment during closure.
4. An estimate of the expected year of closure and a
schedule for final closure. The schedule shall include a
minimum, the total time required to close the facility and the
time required for intervening closure activities which will allow
tracking of the progress of closure.
The owner or operator may amend his closure plan at any
time during the active life of the facility. (The active life of
the facility is that period during which wastes are periodically
received.) The owner or operator shall amend the plan whenever
changes in operating plans or facility design affect the closure
plan, or whenever there is a change in the expected year of
closure. When the owner or operator requests a permit
modification to authorize a change operating plans or facility
design, he shall request a modification of the closure plan at
the same time.
5. The plan shall clearly indicate an effective and
ongoing use for the facility after closure. The plan will
identify how the subject property will be used after the
anticipated life of the project; the nature and type of
reclamation, provisions for maintenance of the project and
finally the requirements for long-term monitoring of
the reclaimed area to ensure no hazardous materials are leaking
from the
site.6. The plan shall indicate financial
arrangements irrevocable trust or other form of security arrangement) for
the purpose of providing funds for the closure of its site and
its long-term post closure monitoring maintenance,
per Subsection E(
3) below.E.
Financial Responsibility.Prior to issuance of an "Occupancy Permit" to
begin the use identified in this permit, the applicant shall show
proof of liability insurance
as follows:1. 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 not be 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
be in form, substance and amounts, and with carriers, acceptable
to the City, 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.Ord
No.
2. Additionally, coverage will be provided for
workers compensation insurance and such other insurance as may
be required. Said insurance will name the city as either
additional insured or as an additional loss payee. certificates
of Insurance will be submitted to the City annually.
3. An Irrevocable Trust will be established to
provide funds for closure of the site and its long-term
post-closure and monitoring and maintenance. Funds for this
trust would be provided by the Owner/Operator of the
facility quarterly based on quantity and types of hazardous
wastes received and processed or percentage of gross income. The
terms of the Trust shall be in amounts and reasonably calculated
to provide sufficient funds to fully implement the closure,
and shall be in form and substance acceptable to the
Community Development Director. The terms will be reviewed annually
in regards to the amount of funds in the trust and
anticipated closure monitoring and maintenance costs. Applicant shall
also provide a bond in an amount to be determined by the City
for purposes of closure of the
site.4. The applicant shall defend, indemnify, and
hold harmless the City, its officers, agents, servants, and
employees from all claims, actions or liabilities arising out of
the issuance of this permit, operations at the facility
and transportation of wastes to and from the
facility.F. Additional
Conditions.The Planning commission or City Council may impose
such additional conditions upon any hazardous waste facility
permit as it deems necessary or proper to achieve the purposes of
this ordinance and the City's General Plan and/or to protect
the health, safety and general welfare of the community or
affected persons and
property.Section 17.100.120 - Use of Permit.
A. Qualifying Facilities.
A Hazardous Waste Facility Siting 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 approved 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 requirements as those for an initial
application.
B. Expiration of Permit.
Any Hazardous Waste Facility Siting Permit that is
granted shall be used within 2 years from the effective date
thereof, or within such additional time as may be set forth in
the conditions of approval, which shall not exceed a total of 5
years; otherwise, the permit shall be null and void.
Notwithstanding the foregoing, if a permit is required to be
used within less than 5 years the permittee may, prior to its
expiration, request an extension of time in which to use the
permit. A request for extension of time shall be made to the
body issuing the original permit, on forms provided by the
community Development Department and shall be filed with the
19 Ord No. 16-
Community Development Department accompanied by the appropriate
fee. within 60 days following the filing of a request for an
extension, the matter shall be set as an advertised public
hearing on the regular agenda of the City Council who shall
review the application. An extension of time may be granted
upon a determination that valid reason exists for permittee not
using the permit within the required period of time; that the
permittee has complied in good faith with all applicable
conditions of the permit to date; and that there has been no
intervening change in circumstances that would render the
extension a potential detriment to health, safety or general
welfare. The city Council in granting an extension may impose
additional conditions or modify previous conditions as it may
deem necessary or proper based upon the applicable standards for
granting an original permit. If an extension is granted, the
total time allowed for use of the permit shall not exceed a
period of 7 years, calculated from the effective date of the
issuance of the original permit. The term "use" shall mean the
beginning of substantial construction of the use that is
authorized, which construction must thereafter be pursued
diligently to completion.
C. Permit Review and Renewal.
Permit review and renewal shall be determined at the
time of approval, but an initial review and renewal procedure
shall be required not more than 3 years from the date of project
completion.
section III: Severabilitv.
In the event that anyone or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Ordinance
shall be declared invalid or unenforceable by a valid judgment
or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this
Ordinance with which are hereby declared as severable and shall
be interpreted to carry out the intent hereunder.
SECTION IV
A summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be
posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to
be adopted. A summary of this Ordinance shall also 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
those City Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This
Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
Ord No. 16-
92
Adopted this 21~T day of 1992.
ATTEST:
@1~f~-~~Cl.
ty C e of ~City 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 Ordinance was introduced
at the regular meeting of the city Council held on the day
of July 14 , 1992, and thereafter at the regular meeting of said
City Council duly held on the 21st day of July , 1992, was duly
passed and adopted by the following vote, to wit:AYES:
COUNCIL MEMBERS: BARRERA, MAYOR BEYER, COONTZ, SPURGEON NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: STEINER ABSTAIN:
COUNCIL MEMBERS: NONE h~#/
r,Q~/City
C erk the/C' of Orange 21
Ord No. 16-92
PROCEDURE (
INFORMATIONAL HANDOUT)The
following procedures are established by state law and city ordinance and are provided
for the purpose of identifYing the steps for processing an appllcat'on for a specified offsite hazardous
waste facility. These procedures Include the steps to be taken by the applicant, State and City
The Informalion set forth here IS a summary and applicants should refer to the cited sections of state
law for full details.a.
At least 90 days before filing an application with the City for a land use decision for a specified
hazardous waste facility project, the applicant shall file with the Office of Permit Assistance OPA)
in the State's Office of Planning and Research and with City a Notice of Intent to make an application.
The Notice of Intent 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 Notice of Intent. City shall
publish a notice in a newspaper of general circulation In the area affected by the proposed project,shall
post notices in the location where the project is proposed, and shall notify, by a direct mailing, the owners
of contiguous property, as shown in the latest equalized assessment role. The City shall Impose a
fee upon a project applicant equal to the cost of notification reqUired by this section. (Requirement of Section
25199.7(a) of the California Health & Safety Code.)b.
Within 90 days after a Notice of Intent is filed with the OPA, the OPA shall convene a public
meeting within the City to rnform the public of the nature, function, and scope of the proposed facility
project and the procedures that are required for approving applications for the project. By State law,
the City is encouraged, but not reqUired to contact OPA regarding the location and lime of the meeting
and to have representatives attend. (Requirement of Section 251997(c) of the California Health &
Safety Code.)c.
Within 90 days after receiving a notification of the filing of a Notice of Intent, the City shall
appoint a seven-member Local Assessment Committee LAC) pursuant to the provisions of Section
5 of this Ordinance. (Requirement of Section 25199.7(d) of the California Health & Safety Code.)
d. The City shall notify the OPA within 10 days after an application for a land use
decision for a specified hazardous waste facility project is accepted as complete by City and within 60
days after receiving this notice the OPA shall convene to meeting of the Lead and Responsible Agencies
for the project, the appl~cant, the LAC and the interested public, for the purpose of determining the Issues
which concern the agencies that are requlled to approve the project and the Issues which concern the
public. The meeting shall take place in City. (Requirement of Section 25199.7(b) of the California Health
Safety Code).
e. Following the meeting as specified in Seclion 3(d) of this Ordinance, the applicant
and the LAC of City shall meet and confer on the specified hazardous waste facility project proposal for
the purpose of establishing the terms and conditions under which the project will be acceptable to the
community, (Requirement of Section 25199.7(f) of the California Health & Safety Code.)
f. At the request of the applicant, City shall, within 60 calendar days after the City has
determined that an application for a land use decision for a hazardous waste facility is complete, Issue an
Initial written determination on whether the hazardous waste facility project IS consistent with both City
General Plan and Zoning Ordrnances In effect at the time the application was received, and the Orange
County Hazardous Waste Management Plan. (Requirement of Section 25199.5(a) of the California
Health & Safety Code.)
g. The applicant for a specified hazardous waste facility project shall pay a fee,
established by the OPA, equal to the cost of hiring independent consultants to review the project. The
OPA shall deposit these fees in the Local Agency Technical Assistance Account, created within the State
General Fund. The moneys in that account may be expended by the OPA, upon appropriation by the
Legislature, to make technical assistance grants to the LAC to enable the LAC to hlle an independent
consultant to assist the LAC In reviewing the project and negotiation terms and conditions with the
applicant. City may request technical assistance from any State agency which authorizes permits for
hazardous waste facilities projects (Requirement of Section 25199.7(g) of the California Health & Safety
Code)
h The City Planning CommisSion shall then hold a public hearing, who will take action
on the Envllonmentallmpact Report and the Hazardous Waste Fac,llty Siting Permit/Conditional Use
I
Permit application as a recommendation to the City Council. The City Council will lake final action on
both the EIR and the Permit atter holding its own public hearing.
i. An Interested party may file an appeal of a land use decision made by the City Counc,l
for a specified hazardous waste facility project with the Governor or the Governor's designee.
Requirement of Section 25199.9 of the Calitornia Health & Satety Code.)
I