HomeMy WebLinkAboutORD 1086 (1992) 2 ORDINANCE NO. 1086
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 TUSTIN ADOPTING CITY-WIDE ZONING REGULATIONS FOR
THE SITING OF HAZARDOUS WASTE FACILITIES BY
5 ADDING CHAPTER 9A TO ARTICLE 9 OF THE TUSTIN CITY
CODE, BY ADDING SUBSECTION (I) TO SECTION 9242B
6 OF PART 4, CHAPTER 2, ARTICLE 9 OF THE TUSTIN
CITY CODE, AND BYAMENDING THE PLANNED COMMUNITY
7 DISTRICT REGULATIONS FOR THE IRVINE INDUSTRIAL
COMPLEX.
9 The City Council of the City of Tustin does hereby ordain
as follows:
10
Section 1. Section 9242b of Part 4, Chapter 2, of
1] Article 9 of the Tustin City Code is hereby amended to add
Subsection (i) to. read as follows.:
12
"(i) Hazardous waste facilities, subject to all
13 standards and criteria contained in the Tustin
City Code."
Section 2. The Planned Community District Regulations
15 for the Irvine Industrial Complex (Walnut Avenue), adopted
by Ordinance No. 611, are. hereby modified by adding
16 Subsection 11 to Section VI.C entitled "Permitted Uses
Subject to Conditional Use Permit" to read as follows:
"11. HazardoUs waste facilities, subject to all
18 standards and criteria contained in the Tustin
19 City Code."
.Section 3. The Planned Community District Regulations
20 for the Irvine Industrial Complex (Redhill Avenue), Part I,
Section I, adopted by Ordinance No. 400, are hereby
21 modified by adding a subsection entitled "Conditionally
Permitted Uses" immediately following the subsection
22 entitled "Permitted Uses," to read as follows:
23 "Conditionally Permitted Uses
24 1. Hazardous waste facilities,.subject to all
standards-and criteria contained in the
25 Tustin City Code."
26 Section 4. Chapter 9A is hereby added to Article 9 of
the Tustin City Code to read as follows: ..
27
28
Ordinance No. 1086
Page 2
·
"CHAPTER 9A
HAZARDOUS WASTE FACILITIES
A9901 PURPOSE AND FINDINGS
The purpose of this chapter is to establish standards
in order to control the location, design, and maintenance
of hazardous waste facilities and to protect the public
health, safety, general welfare, quality of life, and
environment of residents. The City finds and determines as
follows:
(1) Assembly Bill 2948, the "Tanner Bill," adopted by the
California State Legislature in 1986 and modified in
1989 by Assembly Bill 19201 requires local
jurisdictions to develop plans and policies for
regulating hazardous Waste including 'the management,
siting and planning for future handling, disposal and
treatment of hazardous waste; and
(2) Should the City not have developed a plan and had
appropriate policies, regulations, ordinances and
procedures, the City would have lost the ability to
regulate the siting of hazardous waste facilities
within Tustin and the State of California would have
retained 'the right to make hazardous waste facility
siting decisions and regulations for the City of
Tustin; and
(3) The Tustin City Council has adopted resolutions
approving the Orange County Hazardous Waste Management
Plan and its amendment. It is important that
provisions of the "Plan" are adopted into the City's
General Plan so as to make siting criteria and
standards consistent with the Orange County Hazardous
Waste Management Plan; and
(4) The provisions of this Chapter incorporate State
mandated criteria and recognize that hazardous waste
and hazardous waste facilities are of significant
regional and environmental importance requiring local
cooperative efforts, specified siting criteria,
environmental review and public input.
Ordinance No. 1086
Page 3
A9902 SCOPE
The provisions of this Chapter shall apply to the
siting and development of offsite hazardous waste
treatment, storage, transfer, and disposal facilities as
defined in Section A9903, "Definitions."
The provisions of this Chapter shall not apply to a)
Transportable Treatment Units (TTU), which are designed to
be moved either intact or in modules and which are intended
to be operated at a given location for a limited period of
time, b) permanent on-site hazardous waste facilities at
locations where hazardous waste is produced, and which is
owned by, leased to, or under the control of the producer
of the waste, and c) motor waste oil reclamation on service
station sites. This exemption shall not preclude
applicable City codes which may require Conditional Use
Permits for the above identified uses.
A9903 DEFINITIONS
For the purposes of this Chapter, the following words
and terms .shall have the following meanings:
"Applicant" means any person, persons, or business entities
applying for a Conditional Use Permit or other
discretionary land use request concerning a hazardous waste
facility.
"Hazardous Waste" means a waste, or combination ofwastes,
which because of its quantity, concentration, toxicity,
corrosiveness, mutagenici-ty, flammability, or physical,
chemical, or infectious characteristics 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.
"Hazardous Waste 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:
Ordinance No. 1086
Page 4
(1) Incineration facility
(2) Residual repository
(3) Stabilization/solidification facilities
(4) Recycling facilities
(5) Transfer/storage facilities '
(6) Treatment facilities
"Hazardous Waste Incineration Facility" means a facility
where organic liquids and solids. are burned in
incinerators. The facility generally consists of primary
and secondary burners, a tall smokestack, storage tanks and
support buildings.
"Hazardous Waste Recycling Facility" means a facility for
recovery of liquid organics, solvent distillation, and oil
refining which is similar to a small refinery or
petrochemical plant comprised of storage tanks, pipelines
and distillation towers.
"Hazardous Waste Stabilization/Solidification Facility"
means a facility where liquid wastes and sludges are
solidified by the use of special additives and where other
wastes are encapsulated in asphalt or plastic for lengthy
storage or disposal. A 'solidification facility resembles
a large industrial building with several tall silos.
"Hazardous Waste Transfer/Storage Facilities"- means a
facility which serves as a collection station for small
quantities of hazardous waste which arrive by rail,
automobile, and by vacuum truck, flatbed or tank trucks
then combined like wastes are shipped to a treatment or
recycling facility. Transfer and storage facilities are
comprised of storage tanks with large open areas for truck
transport.
"Hazardous Waste Treatment Facilities" means a facility
where various heavy metals, reactive ions and organic
matter are removed and the effluent is either discharged
into the sewer, ponded, incinerated, converted or
stabilized. A treatment facility resembles a typical
municipal sewage treatment plant.
"Health and Safety Assessment" means a technical and
environmental evaluation of a proposed facility, site and
surrounding area prior to approval of a Conditional Use
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
Ordinance No. 1086
Page 5
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.
"Immobile Populations" means schools, hospitals,
convalescent homes, prisons, facilities for the mentally
ill, and other similar facilities.
"Land Use Decision" means a discretionary decision of the
City concerning a hazardous waste facility including but
not limited to a General Plan amendment and~or zone change,
conditional use permit, variance, tract map, parcel map,
lot line adjustment, or design review.
"Local Assessment Committee (LAC)" means a State required
committee of locally appointed representatives, designed to
negotiate with the applicants of a proposed hazardous waste
facility, The membership, duties, and mission of the
Committee are defined by the State Health and Safety Code.
"Notice of Intent" means a pre-application submitted to
both the State and the City informing the agency of the
intent to apply to locate, construct or operate a.hazardous
waste facility within the boundaries of the. City.
"Office of Permit Assistance (OPA)" means the State of
California Office of Permit Assistance.
"-Office of Planning and Research (OPR)" means the State of
California Office of Planning and Research.
"Residual Repository" means a hazardous waste disposal
facility specifically restricted to receiving solid
materials resulting from hazardous waste treatment
facilities. Such a facility may be only sited in an area
meeting the geologic and other requirements of the State
Water Resources Control Board.
"Tension-Saturated Zone" means the zone above the
groundwater interface where water completely fills the pore
space, and is held there by the interaction of the size of
the pore space and the surface tension of water. The
thickness of the zone ranges from a few centimeters in
sands to as much as 30 meters in certain clays.
Ordinance No. 1086
Page 6
A9904 PERMIT REQUIREMENTS AND APPLICATION PROCEDURES
The following permits and procedures shall apply to
all applications for hazardous waste facilities projects:
a Permits Required
(1) Hazardous waste facilities shall only be
permitted in the Industrial District (M) and the
Planned Community Industrial District (PC-IND)
subject to a Conditional Use Permit and
compliance with all requirements contained in
this Chapter.
(2) Application for hazardous waste facility shall be
processed pursuant to Conditional Use. Permit
procedures contained in the. Tustin City Code,
except as superseded by more restrictive
procedures or standards contained herein.
(3) Any other land use decisions necessary for the
project shall be'processed pursuant to the Tustin
City Code except as superseded by the restrictive
procedures or standards contained herein.
-
b Application Procedures
(1) At least ninety (90) days before filing ;fan
application for a Conditional Use Permit for a
hazardous waste facility project with the Cityof
Tustin, the applicant shall file a notice of
intent to file an application with the Office of
Permit Assistance in the State of California
Office of Planning and Research and with the City
of Tustin Community Development Department. The
Notice of Intent shall specify the location to
which the Notice of Intent is applicable and
shall contain a complete description of the
nature, function, and scope of the project. The
Notice of Intent filed with the Community
Development Department shall be accompanied by a
processing fee which shall be established byCity.
Council Resolution. In addition, the applicant
shall supply the City two (2) sets of mailing
labels and location maps identifying all property
owners within a two thousand (2,000) foot radius
of the project site.
Ordinance No. 1086
Page 7
The Office .of Planning and Research shall
immediately notify affected State agencies of the
Notice of Intent. Within thirty (30) days of
receipt of the Notice of Intent, the City of
Tustin shall publish a notice in a newspaper of
general circulation in the City of Tustin, shall
post notices at the proposed project location,
and shall notify by direct mailing the owners of
property within a two thousand (2,000) foot
radius of the proposed site as shown in the
latest Orange County equalized assessment roll.
The notification required for the Notice of
Intent shall not eliminate the required
Conditional Use Permi~ public hearing
notification procedures.
(2) An applicant may not file an application for a
Conditional Use Permit for a hazardous waste
facility project with the City of Tustin unless
the applicant has first complied with the
provisions of Subsection b(1) of this Section.
(3) The City Council shall appoint a seven (7) member
Local Assessment Committee to advise it in
considering an application for a Conditional Use
Permit for a hazardous waste facility project.
The members of the Local Assessment Committee may
be appointed at any time after the Notice of
Intent is filed with the City.
The City shall charge the applicant a fee to
cover the costs of establishing and convening the
local assessment committee. The fee shall
accompany the application for a Conditional Use
Permit.
The Local Assessment Committee shall provide
comments on the draft environmental impact report
or proposed negative declaration, as appropriate.
The City of Tustin Community Development
Department shall act as contract administrator
for the preparation of documents required by the
California Environmental Quality Act.
(4) The Community Development Department shall have
thirty (30) working days to determine and notify
the applicant that the Conditional Use Permit'
application is complete or not complete. The
Ordinance No. 1086
Page 8
application shall be deemed complete when all
information required in Section A9905 of this
Chapter is submitted, when the Director of
Community Development has determined that the
application complies with all applicable
requirements of the California Environmental
Quality Act, and has determined that the site
conforms to the general standards and locational
criteria required in Section A9906 of this
Chapter, and when all necessary State and federal
permits regulating the facility have been
obtained.
(5) Within ninety (90) days after a Conditional Use
Permit application is deemed complete, the
Planning Commission shall hold a public-hearing
on the application for a hazardous waste
facility.
(6) Unless appealed within thirty (30) days of the
Planning Commission's action, the decision of the
Planning Commission shall be final.
A9905 CONTENTS OF APPLICATION
All Conditional Use Permit applications for a
hazardous waste facility shall include the following
information:
a Name, address and telephone numberof the applicant
and property owner.
b Evidence that the applicant is the owner of the
property involved or that the applicant has written
permission of the owner to make such application.
c Three (3) sets of mailing labels and location maps
identifying all property owners of record as shown on
the latest County of Orange Equalized Assessment Roll
that lie within a two thousand (2,000) foot radius of
the boundary of the project site and three (3).sets of
mailing labels indicating all residents, tenants, and
businesses within a two thousand (2,000) foot radius
of the project site.
d All necessary information required in the City's
Design/Zoning Review Application Packet, including the
following additional information:
Ordinance No. 1086
2 Page 9
3
4 (1) Proximity of the project to the one hundred (100)
year flood prone areas.
(2) Proximity of the project to any known earthquake
6 fault zones.
7 (3) The relationship of the proposed project to all
above ground water supplies and all known
8 underground aquifers that might be threatened
with contamination.
~0~ (4) A preliminary geological study of the property
and surrounding .area which provides a
sufficiently deep soils analysis in order to
identify known aquifers, regardless of the
potability of those aquifers.
(5) Existing and proposed utilities which service or
~3 will be required to service the facility.
]4 (6) Vicinity map which indicates, at a minimum,
proximity of the project to schools, parks and
]5 other community facilities within the City of
Tustin or a jurisdiction immediately adjacent to
]8 the project site.
~7 (7) Identification of waste water, treated and
untreated, to be generated by the. proposed
~8 facility and the method, volume, and place of
final discharge.
~9
(8) An analysis of visual, noise, and any odor
20 ~ impacts associated with the project and
recommended mitigation measures.
(9) An analysis of all anticipated air quality
22 impacts associated with the project and proposed
mitigation measure to ensure no degradation of
23 air quality in the area.
24 (10) Identification of any rare or endangered.species
of plant or animals within the project site and
25 recommended impact mitigation measures.
26 (11) Identification of the amounts (in tons), sources,
and types of hazardous wastes to be treated,
27 stored, or disposed of at the proposed facility
(by a rate measurement, i.e. in days, months,
28 etc.); the ultimate disposition of the wastes;
Ordinance No. 1086
Page 10
and anticipated life of the facility including
its capacity and rate of use. This information
shall be based on an actual survey of the
industries to be served and, thereby, be
representative of the wastes that will be
processed at the facility.
(12) A plan that identifies an ongoing monitoring
program of air, soil, and groundwater. This plan
shall include any monitoring requirements imposed
by other permitting agencies such as, but not
limited to, the California Environmental
ProtectionAgency (which includes the South Coast
Air Quality Management District and the Regional
Water Quality Control Board,) the Department of
Health Services, and the Federal Environmental
Protection Agency.
(13) All applications shall contain a designation of
at least two (2) reasonable alternative sites
which shall be reviewed pursuant to the
California Environmental Quality Act.
(14) All applications shall be subject to
environmental review (initial study) which may
require that a+draft Environmental Impact Report
or Negative Declaration be prepared pursuant to
the California Environmental Quality Act.
(15) An emergency response plan approved by the
Community Development Department that indicates
at a minimum:
(a) That the proposed plan is consistent with
any and all applicable County and regional
emergency response plans and all City,
County, State and Federal regulatory
requirements regarding emergency response
procedure.
(b) Detailed procedures to be employed at the
time of emergency for each and every type of
chemical substance and emergency, including
contingency procedures.
(c) Anticipated impacts on local fire, police,
and medical services.
Ordinance No. 1086
Page 11
(d) Names, home and business addresses, and home
and business telephone numbers of all
management personnel at the facility, if
known, and a detailed description of
uncontrolled release and emergency situation
reporting procedures.
(16) A risk assessment must be performed which details
the maximum credible accident from the facility
'operations and its impact on all immobile
populations in the City of Tustin or a
jurisdiction immediately adjacent to the project
site including as a result of prevailing wind
patterns and any other probabilities requested by
either the Director of Community Development, the
Planning Commission or the City Council. The
extent of the study must appropriately address
the quantity and types of wastes that could be
received at the facility. It must also include
consideration of the design features and planned
operational practices at .the facility.
Additionally, the study must provide an estimate
of the distance over which the affects of a spill
or emergency situation would carry, a variety of
options for reducing the risks (relating to short
and long term effects,) and procedures for
dealing with such spills or emergency situations.
Analysis should also identify mitigation measures
to reduce identified risks. Further, the risk
assessment shall identify the most probable
routes for transporting hazardous wastes to the
facility.
(17) All applications for a specified hazardous waste
facility project shall contain a proposed public
education/participation program to be employed
during or prior to Planning Commission and/or
City Council consideration of the application.
Such plan shall be mutually agreeable to the
project applicant and the Community Development
Department.
(18) The owner or operator of a hazardous waste
.facility project shall submit to the Community
Development Department a written closure plan
approved by the California Environmental
Protection Agency and, if appropriate, the
Federal Environmental Protection Agency. All
revisions to such closure plans shall also be
Ordinance No. 1086
Page 12
submitted to the Community Development Department
for review and approval by the appropriate
agencies.
(19) The project applicant shall fund an independent
study on the facility's fiscal and socioeconomic
impacts to the City including anticipated changes
in employment if the facility is sited. The
project applicant and the City shall agree
beforehand on the scope of the study and who will
conduct it. Based upon the reviewed and approved
impacts, the City may impose appropriate taxes,
user fees or other revenue or compensation
options. The City is entitled to receive as
annual revenue an amount not to exceed 10 (ten)
percent of the annual gross revenues of the
facility.
(20) Additional plans, drawings, calculations and
environmental information and other reports that
may be required by the Community Development
Department as needed to fully understand the
project and its anticipated impacts.
A9906 GENERAL STANDARDS AND LOCATIONAL CRITERIA
a All hazardous waste facility projects in the City of
Tustin shall comply with the following general
standards and criteria. Minimum standards and
locational criteria .described herein may be increased
as necessary to protect the public health and safety
pursuant t.o evidence established during a proposed
project's environmental review.
(1) PROXIMITY TO POPULATIONS. For a residual
repository, the minimum distance from the
facility to any residences or other sensitive
land uses such as schools, hospitals, prisons and
convalescent homes shall be two thousand (2,000)
feet.
All other hazardous waste facilities shall comply
with Building Code and Fire Code setback
requirements and zoning setback requirements for
the zoning district in which the proposed use
will be located unless a greater distance is
justified pursuant to a risk assessment.
Ordinance No. 1086
Page 13
4 (2) CAPABILITY OF EMERGENCY SERVICES. All facilities
shall locate in areas where the Fire Department
5 will be able to immediately respond to hazardous
materials accidents, where mutual aid and
6 immediate aid agreements are well established,
and where demonstrated emergency response times
7 are the same or better then those recommended by
the Fire Department. A copy of the emergency
8 response plan' shall be transmitted to the
Community Development Department for review by
9 the Fire Department who shall determine the
adequacy of the plan and the emergency response
~0 time.
(3) FLOOD HAZARD AREAS. Residual repositories are
prohibited in areas within the one hundred (100)
year flood plain identified on Federal Emergency
Management Agency (FEMA) maps, which includes
areas subject to flash floods and debris flows.
]4 All other facilities are prohibited from locating
in FEMA-identified one hundred (100) year flood
~5 plains including areas subject to flash floods
and debris flows unless they are designed,
]6 constructed, operated, and maintained to prevent
leakage of hazardous wastes in the event of
~7 inundation.
~8 (4) SLOPE STABILITY. Residuals repositories are
prohibited in areas of potential rapid geologic
~9 change, as identified in the Health and Safety
· Assessment,_~
20
All other facilities are prohibited from locating
2] in areas of potential rapid geologic change
unless containment structures are designed,
22 constructed, and maintained to preclude failure
as a result of such changes.
23
(5) SUBSIDENCE/LIQUEFACTION. R~siduals repositories
2~ are prohibited from locating in areas of
potential rapid geologic change, as identified in
25 the Health and Safety Assessment.
All other facilities are prohibited from locating
in areas of potential rapid geologic change
unless containment structures are designed,
constructed, and maintained to preclude failure
as a result of such changes.
Ordinance No. 1086
Page 14
(6) DAM FAILURE INUNDATION AREAS. All hazardous
waste management facilities shall locate outside
a dam failure inundation area as indicated on
Federal Emergency Management Agency maps.
(7) DISCHARGE OF TREATED EFFLUENT. Facilities
generating waste waters shall be located in areas
with adequate sewer capacity to accommodate the
expected waste water discharge as determined by
the City of Tustin and the County Sanitation
District. If sewers are not available, the site
should be evaluated for ease of connecting to a
sewer or for the feasibility of treated effluent
discharge directly into a stream or the ocean.
Further, the facility must obtain a valid
industrial wastewater discharge permit from the
State Water Resources Control Board.
(8)' PROXIMITY TO SUPPLY WELLS AND WELL FIELDS. A
facility shall locate away from the cone of
depression created by pumping a well or well
field for ninety (90) days as determined by the
Regional Water Quality Control Board and
certified by a California registered Civill
Engineering Geologist. Location is -preferred
where the saturated zone predominantly discharges
to non-potable water without any intermediate
withdrawals for public water supply.
(9) DEPTH TO GROUNDWATER. Residuals repositories and
facilities with subsurface storage and/or
treatment must be sited, designed, and operated
to ensure that hazardous materials will always be
above the tension-saturated zone. At all
facilities, the foundation of all containment
structures at the facility must be capable of
withstanding hydraulic pressure gradients to
prevent failure due to settlement, compression,
or uplift as certified by a California Registered
Civil Engineering Geologist.
Facilities which handle liquids shall be located
where groundwater flow is in one direction with
no vertical transfer of water.
(10) GROUNDWATER MONITORING. Residuals repositories
and facilities with subsurface storage and or
treatment must develop a program that
successfully satisfies the California
Ordinance 'No. 1086
Page 15
Environmental Protection Agency's Regional Water
Quality Control Board permit requirements for
groundwater monitoring.
(11) SOIL PERMEABILITY. Soil permeability
requirements for disposal, subsurface treatment
and storage facilities shall conform to those
required by the California Environmental
Protection Agency (specifically, the Regional
Water Resources Control Board.) All other above
ground facilities shall have engineered
structural design features common to similar
types of industrial facilities. These features
shall include spill containment and monitoring
devices.
All other facilities may be located in areas
where surface materials are highly permeable
(such as sand or gravel,) as identified in the
Health an'd Safety Assessment, if approved spill
containment and inspection measures are employed.
(12) EXISTING GROUNDWATER QUALITY. Residuals
repositories are allowed only where the uppermost
water-bearing zone or aquifer is -presently
mineralized or petrified (by natural or human-
induced conditions) to the extent that it could
not reasonably be considered for beneficial use.
(13) NON-ATTAINMENT AREAS. All facilities with air
emissions locating in non-attainment areas and
emitting axr contaminants in excess of
established limits will require pre-construction
review under new source review requirements, and
the obtaining of a permit to construct and a
permit to operate from the South Coast Air
Quality Management District.
(14) PREVENTION OF SIGNIFICANT DETERIORATION (PSD)
AREA. All facilities with air emissions locating
in the region which are classified under the
Prevention of Significant Deterioration
regulations as major stationary sources will
required to submit for pre-construction review
and apply best available control technology as
determined by the South Coast Air Quality
Management District.
Ordinance No. 1086
Page 16
(15) PROXIMITY TO HABITATS OF THREATENED AND
ENDANGERED SPECIES. Facilities are prohibited in
habitats of threatened or endangered species, as
defined in local, regional, state or federal
plans or policies, unless the applicant can
demonstrate to the City's satisfaction that the
habitat will not be disturbed and the survival of
the species will not be threatened.
(16) RECREATION, CULTURAL, OR AESTHETIC AREAS. All
facilities shall be prohibited in areas of
recreation, cultural, or aesthetic value as
defined by local, regional, state, and national
plans or such policies as may be determined by
the Tustin City Council.
(17) CONSISTENCY WITH THE GENERAL PLAN. The proposed
facility shall be consistent with all general
plan requirements, zoning ordinances, and other
planning actions or policies.
A9907 CONDITION8 OF APPROVAL FOR HAZARDOUS WASTE FACILITY
a General
(1) The City may impose, as necessary, conditions and
standards other than those presented in Section
A9906 to achieve the purposes of this Chapter and
to protect the health, safety, or general welfare
of the community.
(2) No hazardous waste facility shall be sited if
such facility, by itself or in combination with
other such facilities, will manage a volume or
type of hazardous waste in excess of that
generated within the City of Tustin and not
currently being managed by a facility located in
Tustin unless a joint powers agreement provides
otherwise.
(3) Any modifications of the types and quantities of
hazardous waste to be managed at the facility
which were not included in the approved
application for the proposed use shall be
reviewed and approved by the City as an amendment
to the approved Conditional Use Permit before
such modifications occur at the facility. Any
amendments or requested modifications are subject
Ordinance No. 1086
Page 17
to the conditional use permit approval process
and Notice of Intent process specified herein.
(4) Every hazardous waste facility project must have
a contingency operation plan approved by the
State Department of Health Services. A copy of
the contingency plan shall be maintained at the
facility and sent to the local police department,
fire department, hospitals, and the County
Environmental Health Agency.
(5) Prior to issuance of a Certificate of Occupancy,
the applicant shall show proof that it has met
all of the financial responsibility requirements
imposed by any Federal, State, or local Agency.
(6) The applicant agrees to indemnify, defend, and
render harmless the City of Tustin and its City
Council, Commissions, Committees and all
officers, employees and agents of the City
against and from all claims, actions, or
liabilities relating to approval of the
conditional use arising out of its operations on
the site.
(7) Owners/operators of all facilities shall prepare
and submit an annual emergency response
preparedness report to the Community Development
Department. Applicant shall provide in such
report a certification indicating sai~report has
been reviewed, and the certification shall be
initialed by each person at the facility who has
emergency response responsibilities. The
required contents of the report will be specified
by the Community Development Department, reviewed
by the local fire department and hazardous
materials response team units, and are subject to
requested modifications.
(8) Owners/operators of all facilities shall submit
an annual air, soil and groundwater monitoring
report to the Community Development Department.
The required contents of the report will be
specified by the Community Development
Department, the Southern California Hazardous
Waste Management Authority, the State Office of
Emergency Services and the State Department of
Health Services. Monitoring shall be performed
by other permitting agencies such as the
Ordinance No. 1086
Page 18
California Environmental Protection Agency (
which includes the Southern California Air
Quality Management District, Air Resources Board,
the Regional Water Quality Control Board, and the
Department of Toxic Substances Control) and the
Federal Environmental Protection Agency.
(9) The facility owner/operators shall be responsible
for all costs of emergency agency response to a
release of hazardous wastes. If City or regional
law enforcement or fire department respond, the
facility owner/operator will be billed and said
bill shall be paid within thirty (30) days.
(10) Any storage, treatment, disposal or
transportation of "extremely hazardous waste," as
defined in the State Health and Safety Code, by
the facility owner/operator shall be reported
.prior to action to the Community Development
Department, Orange County Fire Department and
Tustin Police Department.
b Safety and Security Conditions of Approval
(1) The owner or operator shall prevent the'unknowing
entry, and minimize the possibility for the
unauthorized entry, of persons, livestock, or
wild animals onto any portion of the facility.
(2) The operator shall provide a 24-hour surveillance
system which continuously monitors and controls
entry onto the facility.
(3) Perimeter fencing shall be constructed of a
material and at a height specified by the
Community Development Director.
(4) Signs with the legend "DANGER HAZARDOUS WASTE
AREA -UNAUTHORIZED PERSONNEL KEEP OUT", shall be
posted at each entrance to the facility, and at
other appropriate locations. The 'legend shall be
written in English and Spanish and shall be
legible from a distance of at least twenty-five
(25) feet.
Ordinance No. 1086
Page 19
c Monitoring Conditions of Approval
(1) Upon reasonable notice, and for the purpose of
ensuring compliance with all standards,
conditions, and other requirements which the City
of Tustin is authorized to enforce under its
police power, City officials or their designated
representatives may enter the premises on which
a hazardous waste facility permit has been
granted.
(2) The owner or operator of a facility shall report
quarterly to the C~mmunity Development Department
the amount, type, and disposition of all wastes
processed by the facility. Included in the
report will be copies of all manifests .showing
the delivery and types of hazardous wastes and
include a map showing the exact location
(coordinates and elevation) of quantities and
types of materials placed in repositories or
otherwise stored or disposed of on-site. The
report is to be developed by the owner or
operator of a facility and approved by the
Community Development Department.
(3) Within thirty (30) days of receipt of any
complaint pertaining to facility operations, the
owner or operator of a hazardous waste facility
shall immediately send copies of the complaints
received and copies of all inspection reports
made by other Local, State or Federal Agencies to
the Director of Community Development.
(4) The emergency response plan shall be reviewed and
updated as required annually, signed by all
management personnel at the facility, and
distributed to all local emergency response
agencies and the Director of Community
Development.
A9908 LAND USE DECISION
a Authority
Applications for a conditional use permit to allow the
siting of a hazardous waste facility within the City
shall be reviewed and approved by the Planning
Commission after a public hearing. The City Council
has the authority to appeal any decision of the
Ordinance No. 1086
Page 20
Planning Commission and to revoke, uphold, or amend
the decision of the Planning Commission in the event
of appeal pursuant to Section A9909. Lacking such an
appeal, the Planning Commission's decision is final.
b Findings
(1) In addition to these general findings necessary
for granting a Conditional Use Permit contained
in the City Code, the following findings shall be
made by the Planning Commission prior to granting
a Conditional Use Permit to allow the siting of
a hazardous waste facility project.
(a) The Project shall be consistent with the
General Plan.
(b) The Project Site is or will be served by
roads and other public or private service
facilities.
(c) The Project has met or exceeded each
requirement of this Chapter.
(d) The environmental impacts identified in the
Environmental Impact Report or Negative
Declaration have been adequately mitigated.
c Length of Conditional Use Permit
(1) Any Conditional Use Permit granted under the
provisions of this Ordinance shall be null and
void if the project applicant does not commence
substantial construction of the facility within
one (1) year from the date of the approval of
said facility.
(2) The Planning Commission or City Council shall
place a maximum time limit on any conditional use
permit for a hazardous waste facility which in
any event shall not exceed ten (10) years. In
order to continue to operate the hazardous waste
facility after the time limit has expired, the
applicant shall reapply for a conditional use
permit and shall be subject to the same process
as the original application.
'
I
Ordinance No. 1086
2 Page 21
3
4 (3) Applications for any time extensions of the time
limit contained in section A9908c(1) shall be
5 filed prior to the expiration date and shall be
subject to the same public hearing process as the
6 original application.
7 A9909 APPEAL OF DECISION
8 a Any action of the Plan~ing Commission may be appealed
to the City Council'within thirty (30) days.
9
b The final land use decision made by the City Council
30 may be appealed to the Governor's Appeals Board within
30 days of the date of the decision pursuant to the
~] California Health and Safety Code. Procedures for
filing an appeal are outlined in the California Health
]2 and Safety Code."
~3 Section 5. Pursuant to the California Environmental
Quality Act ("CEQA") and Article 18 of the State
]4 .Guidelines, the proposed project has been found to be
exempt from the requirements of CEQA, and therefore, no
]5 environmental documents are required.
]6 Section 6. Severability
37 All of the provisions of this ordinance shall be
construed together in order to accomplish the purpose of
38 these regulations. If any provision of this ordinance is
held by a court to be unconstitutional, such
~9 unconstitutionality shall apply only t·o the particular
facts, or if a provision is declared to be unconstitutional
20 as applied to all facts, all of the remaining provisions of
this ordinance shall continue to be fully effective.
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Ordinance No. 1086
2 Page 22
3
4 PASSED AND ADOPTED at a regular meeting of the City Council
held on the 1st day of June, 1992.
LE~Li~NTiOU~/~SO~4
8 MAYOR
9
10 ~/~ E ~Y~N~
]] CITY
12
STATE OF CALIFORNIA )
]3 COUNTY OF ORANGE )
CITY OF TUSTIN )
14
]5 CERTIFICATION FOR ORDINANCE NO. 1086
]6 MARY E. WYNN, City Clerk and ex-officio Clerk of' the City
Council of the City of Tustin, California, does hereby
]7 certify that the whole number of the members of the City
Council of the .City of Tustin is five; that the above and
]8 foregoing Ordinance was duly and regularly introduced at a
regular meeting of the City Council held on the 18th day of
]9 May, 1992, and passed and adopted at a regular meeting of
the City Council held on the 1st day of June, 1992, by the
20 following vote:
COUNCILPERSONS AYES: Pontious, Ports, Puckerr, Saltarelli, Thol
22 COUNCILPERSONS NOES: None
COUNCILPERSONS ABSTAINED: None
23 COUNCILPERSONS ABSENT: None
25 ~ Ci~ Clerk
E
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