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HomeMy WebLinkAboutPH 4 INTERIM ZONING REG 6-18-90DATE: TO: FROM: SUBJECT: JUNE 18, 1990 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING N0. 4 6/18/90 Inter - Com URGENCY ORDINANCE FOR CITY-WIDE INTERIM ZONING REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES RECOMMENDATION 1. M.O. that Urgency Ordinance No. 1045 establishing interim zoning regulations for the siting of hazardous waste facilities have reading by title only. 2. M.O. that Urgency Ordinance No. 1045 be introduced. 3. M.O. that Urgency Ordinance No. 1045 be passed and adopted. BACKGROUND AND DISCUSSION Section 6.5 of the California Health and Safety Code also referred to as the Tanner Bill 2T48 was approved by the Governor in 1986. The bill imposed significant requirements on local government for managing, siting and planning for the future handling, disposal and treatment of hazardous waste. Community Development staff are now recommending City Council adoption of the attached Ordinance (1045 ) as an interim measure to respond to legal requirements of the new legislation. Under the Tanner Bill, each county was required to develop a Hazardous Waste Management Plan which is subject to approval of the State Department of Health Services. Each city must then enact an ordinance adopting the County Plan or incorporate applicable portions of the County Plan. Cities have the advantage of incorporating more restrictive siting criteria and policies than are available to the County, however, a city is precluded from refusing all applications for proposed hazardous waste facilities on grounds that such facilities are not desireable within the city. On March 30, 1989, the Tustin City Council approved the Orange County Hazardous Waste Management Plan and Environmental Impact Report. The Tanner Bill required that once the State approved the County Plan, cities would have 180 days to take action to amend their General Plan and/or Municipal Code. Urgency Ordinance June 18, 1990 Page 2 The County of Orange submitted its Hazardous Waste Management Plan to the State. On November 30, 1989, the State formally disapproved the County Plan citing that several sections failed to comply with the Department's guidelines. The Tanner Hazardous Waste Task Force Legal Subcommittee issued an opinion regarding the disapproved plan, asserting that cities may incorporate all or portions of the County Plan, whether the County Plan has been approved or disapproved by the State. Although the State did not approve the Orange County. Hazardous Waste Management Plan, staff have been advised that it is imperative for the City's own legal protection that hazardous waste siting be addressed as soon as possible. Failure to have an ordinance in place would limit the City's ability to control the location and development standards related to hazardous waste facilities, thereby usurping local control and potentially resulting in the state stepping in. Ordinance No. 1045 provides that all hazardous waste facilities shall be subject to a Conditional Use permit and confines the location of hazardous waste facilities to the siting criteria as established by the County Plan but also limits facilities to the Industrial (M) and Planned Community Industrial (PC -I) Districts. The ordinance addresses the policies in siting hazardous waste facilities, definitions, permit requirements and application procedures, standards and locational criteria and the conditions which would be imposed upon a hazardous waste facility operator. The Conditional Use Permit procedure will require public notice, public hearings and certain conditions and findings by the Planning Commission and appeal rights to the City Council. Costs for processing application for hazardous waste facilities would be covered by the Conditional Use Permit and Environmental Review fees. Environmental studies, other studies required in conjunction with preparation of an application and post monitoring of the facility costs would also be assumed by the applicant. California Government Code Section 65858 permits the City Council to adopt an interim urgency ordinance to protect the public safety, health and welfare by prohibiting or restricting any uses which may conflict with a contemplated General Plan or zoning code amendment which the City intends to study or revise within a reasonable time. Urgency ordinances requires a 4/5ths vote of the City Council to adopt and are effective immediately upon that vote. Following a notice and public hearing a interim ordinance is effective for a period of 45 days from the date of adoption, and can be subsequently extended for an additional twenty-two (22) Urgency Ordinance Community Development Department June 18, 1990 Page 3 months through another notice and public hearing procedure. Staff anticipates the need to extend the ordinance. The City Attorney's office has reviewed the proposed interim ordinance and finds it acceptable. The proposed interim ordinance is also exempt from the requirements of the California Environmental Quality Act and no further environmental review is anticipated. A public hearing notice identifying the time, date and location of the public hearing for the subject urgency ordinance was published June 7, 1990 in the Tustin News. Notice of the hearing was posted at the City Hall and Police Department on June 8, 1990. While there are currently no applications for a hazardous waste facility within the City of Tustin, approval of Ordinance No. 1045 will guarantee that any application for a hazardous waste facility will be subject to conditions and requirements of the attached urgency ordinance, ensuring maximum protection and public input into any hazardous waste facility siting decision within the City of Tustin. Staff therefore recommends approval of the attached ordinance. Christine Shing ton Rita Westfield Director Community Development Asst. Dir. Community Development RW: mas 1 V 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1045 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING CITY-WIDE INTERIM ZONING REGULATIONS FOR THE SITING OF HAZARDOUS WASTE FACILITIES. The City Council of the City of Tustin DOES HEREBY ORDAIN as follows: I. The City Council finds and determines as follows: A. Assembly Bill 2948 "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. B. Should the City not develop a plan and have appropriate policies, regulations, Ordinances and procedures, the City will lose the ability to regulate the siting of hazardous waste facilities within Tustin and the State of California will retain the right to make hazardous waste facility siting decisions and regulations for the City of Tustin. C. Current regulations and City codes do not address hazardous waste facilities and the City currently lacks zoning and regulatory authority and has no siting criteria for hazardous waste facilities. D. In March 1989, the Tustin City Council adopted Resolution No. 89-41 approving the Orange County Hazardous Waste Management Plan. The City of Tustin is in the process of adopting provisions of the "Plan" into the City's General Plan and zoning code so as to make siting criteria and standards consistent with the Orange County Waste Management Plan. E. The City is currently considering and studying the feasibility of an Ordinance which provides policies, regulations, and procedures for the siting of hazardous waste facilities. Hazardous Waste Facility issues will also be examined as part of the General Plan Revision Program currently being initiated. 3 4 5 6 i 8 9 10 11 12 13 14 15 16 li 18 19 20 21 22 23 24 25 _ 26 27 28 Ordinance No. 1045 Page 2 II. The provisions of Exhibit "A" attached hereto and incorporated by this reference, are added to the City's zoning ordinances, Chapter 2 of the City's Code. III. Pursuant to the California Environmental Quality Act ("CEQA") and Article 18 of the State Guidelines, the proposed project has been found to be exempt from the requirements of CEQA, and therefore, no environmental documents are required. IV. This Ordinance is a City-wide Urgency Ordinance, enacted pursuant to Government Code Section 65858(b), adopting interim zoning regulations for the siting of hazardous waste facilities, as shown on Exhibit A. These Urgency Ordinance provisions are adopted pending the completion of a study and report of the Planning Commission and Community Development Department and action by the City Council on General Plan and zoning code amendments. The Urgency Ordinance shall extend for a period of 45 days from the date of adoption of this Ordinance, unless legally extended by a noticed public hearing or terminated. V. There is a current and immediate threat to the public welfare, health, and safety and that the approval of additional subdivisions, use permits, variances,'bui1ding permits, or other applicable entitlements for use without the provisions of Exhibit "A" would result in a threat to public health, safety, and welfare. The facts constituting the urgency are as follows: a. Without local regulations and siting criteria, applications and siting for hazardous waste facilities will be subject to State or County regulations. The City may be required to permit a hazardous waste facility on a site inappropriate for such use which may have an adverse impact on other land uses and development in the City and upon proper City planning b. Without local regulations, which are required to protect public health, safety and welfare, the City may be required to permit a hazardous waste facility that poses a danger to public health or safety. 1 V 3 4 5 G i 8 C 1( ll 1� 1` 14 1� 1( 1. 1� 1� 2( 2'. 2' 2; 2, 2 2 2' 2 Ordinance No. 1045 Page 3 As a result, the City Council finds and declares that this Urgency Ordinance is required for the immediate preservation of the public peace, safety, and/or health of the citizens of Tustin. Pursuant to the California Government Code 65858, this Ordinance requires a four- fifths (4/5) vote of the City Council and shall be effective immediately upon said vote. Passed and adopted at a regular meeting of the City Council held on the 18th day of June, 1990. MARY E. WYNN CITY CLERK RICHARD B. EDGAR MAYOR ORDINANCE NO. 1045 EXHIBIT A HAZARDOUS WASTE FACILITIES 1.0 - PURPOSE AND POLICIES The purpose of this interim Ordinance is to establish interim 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 the residents of Tustin. The City Council finds and determines that the interim Ordinance regulations for hazardous waste facilities are necessary to protect, promote and enhance the public health, safety and general welfare; and that the interim Ordinance incorporates State mandated criteria; and that hazardous waste and hazardous waste facilities are of significant regional and environmental importance to require local cooperative efforts, specified siting criteria, environmental review and public input. Therefore the City of Tustin adopts the following policies: 1. The City will place public participation as a top priority throughout the process of siting hazardous waste facility projects. 2. The City of Tustin will cooperate fully with other local, State, and Federal agencies to efficiently regulate the management of hazardous material and hazardous waste. 3. Transportation of hazardous waste will be minimized, and regulated where possible, to avoid environmentally sensitive areas and populated, congested, and dangerous routes, especially within the City of Tustin. 4. The regulations governing the discharge of hazardous waste into sewer systems will be strictly enforced. 5. The City of Tustin recognizes that household hazardous wastes are a problem, and will work with Orange County Fire Department to ensure that household hazardous wastes are properly managed and not deposited in County landfills. The City of Tustin General Plan, when such Plan is prepared, shall address types and quantities of household hazardous waste generated in Tustin, options and strategies for managing these wastes, and a program for educating the residents of Tustin as to EXHIBIT A Page 2 identification and proper management of household hazardous waste. 6. The hazardous waste facility Ordinance does 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, or 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, or c) motor waste oil reclamation on service station sites. This exemption shall not preclude applicable City codes when Conditional Use Permits are required for the above identified uses. 2.0 - DEFINITIONS Unless otherwise stated, the following definitions pertain to this interim Ordinance. "Applicant" means any person applying to the City for a Conditional Use Permit or land use decision concerning a hazardous waste facility. Hazardous Waste means a waste, or combination of wastes which because of its quantity, concentration , � Y. toxicity, corrosiveness, mutagenicity or 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: (1) incineration facility (2) residual repository (3) stabilization/solidification facilities (4) Recycling facilities (5) transfer/storage facilities (6) treatment facilities EXHIBIT A PAGE 3 "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 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. "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 Trans ferfStorage Facilities" means a facility which serves as a collection station for small quantities of hazardous waste which arrive by rail, vacuum, 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 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. EXHIBIT A PAGE 4 "Immobile Populations" means schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities. "Notice of Intent" means a pre -application submitted to both the Office of Permit Assistance 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. "Land Use Decision" means a discretionary decision of the City concerning a hazardous waste facility including the issuance of land use permit, a Conditional Use Permit, the granting of a Variance, the subdivision of property and the modification of existing property lines. "Local Assessment Committee (LAC)" means a State required committee of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties, and mission of the Committee are defined by State Health and Safety Code Section 25199.7. "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. 3.0 - 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 -I) subject to a Conditional Use Permit and compliance with all requirements contained in the interim urgency Ordinance. 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. EXHIBIT A PAGE 5 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 90 days before filing an application for a Conditional Use Permit for a hazardous waste facility project with the City of Tustin, the applicant shall file a notice of intent to make the application with the Office of Permit Assistance in the Office of Planning and Research and with the City of Tustin. 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 Office of Permit Assistance shall immediately notify affected State agencies of the notice of intent. The City of Tustin 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 proposed project is located, and shall notify, by a direct mailing, the owners of contiguous property, as shown in the latest equalized assessment role. The notification required for Notice of Intent shall not eliminate the required Conditional Use Permit public hearing notification procedures. A notice of intent shall be filed with the Department of Community Development and shall be accompanied by a fee which shall established by City Council Resolution in an amount equal to the City's cost of processing the notice of intent and carrying out the notification requirements. 2. A notice of intent is not effective and proponent may not file an application for a Conditional Use Permit for a hazardous waste facility project with the City of Tustin unless the proponent has first complied with B(1). 3. The City Council shall appoint a seven 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 project proponent 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. EXHIBIT A PAGE 6 a. The Local Assessment Committee, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate. b. The person, or entity, preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the Local Assessment Committee. 4. The Department of Community Development shall have thirty (30) working days to determine and notify the applicant that the application is complete or not complete. The application shall be deemed complete when all information required in Sections 4.0 of this Ordinance is submitted and the site conforms to general standards and locational criteria required in Section 5.0 of this Ordinance. 5. Within ninety (90) days after an application is deemed complete, the Planning Commission shall hold a public hearing on the application for a hazardous waste facility when: a. The Director of Community Development has determined that the application complies with all Ordinance requirements. b. All procedures required by the City of Tustin with regard to the California Environmental Quality Act have been met; and C. All necessary State and Federal permits regulating the facility have been obtained. 4.0 - CONTENTS OF APPLICATION All Conditional Use Permit applications for a hazardous waste facility shall include the following information: 1. Name, address and telephone number of the applicant and property owner. 2. 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. 3. Three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary of the project site and three EXHIBIT A PAGE 7 (3) sets of mailing labels indicating all residents, tenants, and businesses within a two thousand (2,000) foot radius of the project site. 4. All necessary information required in the City's Design and Review Application Packet, including the additional information: a. Proximity of the project to the one hundred (100) year flood prone areas. b. Proximity of the project to any known earthquake fault zones. C. The relationship of the proposed project to all above ground water supplies and all known underground aquifers that might be threatened with contamination. d. A preliminary geological study of the property and surrounding area which comprehends as deep of a soils analysis as there are known aquifers, regardless of the potability of those aquifers. e. Existing and proposed utilities which service or will be required to service the facility. f. Vicinity map which indicates, at a minimum, proximity of the project to schools, parks and other community facilities within the City of Tustin. g. Identification of waste water, treated and untreated, to be generated by the proposed facility and the method and place of final discharge. h. An analysis of visual, noise, and any olfactory impacts associated with the project and recommended mitigation measures. i. An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measure to ensure no degradation of air quality in the area. j. Identification of any rare of endangered species of plant or animals within the project site and recommended impact mitigation measures. k. Identification of the amounts (in tons), sources, and types of hazardous wastes to be treated, stored, EXHIBIT A PAGE 8 or disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. 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. 1. A risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility, and any other probabilities requested by either the Director of Community Development, the Planning Commission or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility. M. A plan the 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 South Coast Air Quality Management District, Regional Water Quality Control board and Department of Health Services. n. 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. o. All applications shall be accompanied by a draft Environmental Impact Report or Negative Declaration pursuant to the California Environmental Quality Act prepared by a qualified environmental consulting firm. p. An emergency response plan approved by the Community Development Department that indicates at a minimum: 1. 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. 2. Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures. EXHIBIT A PAGE 9 3. Anticipated impacts on local fire, police, and medical services. 4. 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. q. For all types of facilities, 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. 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, and procedures for dealing with such spills or emergency situations. r. All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use permit decision making process. Such plan shall be mutually agreeable to the project proponent and the Department of Community Development. S. The owner or operator of a hazardous waste facility project shall submit to the Department of Community Development a written closure plan approved by the State Department of Health Services. All revisions to such closure plans shall also be submitted to the Department of Community Development. t. The project proponent shall fund an independent study of the affect of the facility on real property values within the City. Both the project proponent and the Community Development Department shall agree beforehand upon the scope of the study and who will conduct it. U. Application for hazardous waste facility shall include a report on the facilities fiscal and socioeconomic impacts to the City. BAsed upon the EXHIBIT A PAGE 10 impacts the City may impose appropriate taxes, user fees or other revenue or compensation options not to exceed 10% of the gross receipts of the facility. V. The project proponent shall fund an independent study of anticipated changes in employment if the facility is sited. The developer and the City shall agree beforehand on the scope of the study and who will conduct it. W. Additional plans, drawings, calculation and environmental information and other reports that may be required by the Department of Community Development as needed to fully understand the project and its anticipated impacts. 5.0 - GENERAL STANDARDS AND LOCATIONAL CRITERIA All hazardous waste facility projects in the City of Tustin shall comply with the following general standards and criteria: 1. PROXIMITY TO POPULATIONS. For a residual repository, the minimum distance from the active portion of the facility to any residences shall be two thousand (2,000) feet. 2. All hazardous waste facilities shall comply with the Building and Fire Code and zoning setback requirements for the Industrial District (M) and Planned Community - Industrial District (PC -I) unless a greater distance is justified pursuant to a risk assessment. 3. CAPABILITY OF EMERGENCY SERVICES. All facilities shall locate in areas where the Fire Departments will be able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better then those recommended by the Orange County Fire Department. A copy of the emergency services plan shall be transmitted to and reviewed by the Orange County Fire Department who shall determine adequacy of emergency response time. 4. FLOOD HAZARD AREAS. Residual repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. EXHIBIT A PAGE 11 All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent leakage of hazardous wastes in the event of inundation. 5. PROXIMITY TO ACTIVE OR POTENTIALLY ACTIVE FAULTS. All facilities are required to have a two hundred (200) foot setback from a known active earthquake fault. 6. SLOPE STABILITY. Residuals repositories are prohibited in areas of potential rapid geologic change. All other facilities shall avoid 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. 7. SUBSIDENCE/LIQUEFACTION. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid 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. 8. DAM FAILURE INUNDATION AREAS. All hazardous waste management facilities shall locate outside a dam failure inundation area. 9. AQUEDUCTS AND RESERVOIRS. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts. 10. 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 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 discharge directly into a stream or the ocean. 11. PROXIMITY TO SUPPLY WELLS AND WELL FIELDS. A residuals repository shall locate away from the cone of depression created by pumping a well or well field ninety ( 9 0 ) days. Location is preferred where the saturated zone predominantly discharges to non -potable water without any intermediate withdrawals for public water supply. EXHIBIT A PAGE 12 All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field for ninety (90) days unless an effective hydrogeologic barrier to vertical flow exists. 12. DEPTH TO GROUNDWATER. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five (5) feet or less from the lowest subsurface point of the facility. 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 should be located where groundwater flow is in one direction with no vertical informational transfer of water. 13. GROUNDWATER MONITORING. Residuals repositories and facilities with subsurface storage and or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board (hereafter referred to as RWQCB) permit requirements for groundwater monitoring. 14. MAJOR AQUIFER RECHARGE AREA. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Facilities with subsurface storage or treatment must be located at least one-half (1/2) mile away from potential drinking water sources. All other facilities located in areas known to be, or suspected or, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures. 15. SOIL PERMEABILITY. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. EXHIBIT A PAGE 13 All other facilities may be located in areas where surficial materials are principally highly permeable materials if adequate spill containment and inspection measures are employed. 16. EXISTING GROUNDWATER QUALITY. Residuals repositories are allowed only.where the uppermost water -bearing zone or aquifer is presently mineralized (by natural or human - induced conditions) to the extent that it could not reasonably be considered for beneficial use. 17. NON -ATTAINMENT AREAS. All facilities with air emissions locating in non -attainment area and emitting air 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. 18. PREVENTION OF SIGNIFICANT DETERIORATION (PSD) AREA. All facilities with air emissions locating in the region which are classified under the PSD regulations has major stationary sources will be required to submit to pre - construction review and apply best available control technology. 19. PROXIMITY TO HABITATS OF THREATENED AND ENDANGERED SPECIES. Facilities are prohibited in habitats of threatened or endangered species unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened. 20. RECREATION, CULTURAL, OR AESTHETIC AREAS. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value as defined by local regional, state, national plans or policies and the Tustin City Council. 21. CONSISTENCY WITH THE GENERAL PLAN. The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete. 6.0 - CONDITIONS OF APPROVAL FOR HAZARDOUS WASTE FACILITY A. General 1. The City may impose, as necessary, conditions and standards other than those presented in Section 5.0 EXHIBIT A PAGE 14 to achieve the purposes of this Ordinance 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 satisfactory compensation is made to the City or 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 land use must be approved by the City before such modifications occur at the facility. 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 Orange County Department of Environmental Health. 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 the Department of Health Services and any other Federal or State 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 Department of Community Development. Such report shall be initialed by each person at the facility who has emergency response responsibilities. EXHIBIT A PAGE 15 8. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Department of Community Development. 9. The facility owner/operators shall be responsible for all costs of responding to a release of hazardous wastes. If City police or fire department respond the facility owner/operator will be billed and said bill shall be paid within thirty ( 3 0 ) days. 10. Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Department of Community Development, 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 posed 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. C. Monitoring Conditions of Approval 1. Upon reasonable notice, and for the purpose of ensuring compliance with all standard, 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. EXHIBIT A PAGE 16 2. The owner or operator of a facility shall report quarterly to the Department of Community Development 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 (coordinants and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site. 3. The.owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations 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 updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Director of Community Development. 7.0 LAND USE DECISION A. 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 or City Council 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 interim Ordinance. d. The environmental impacts identified in the Environmental Impact Report or Negative Declaration have been adequately mitigated. EXHIBIT A PAGE 17 B. Length of Conditional Use Permit I 1. Any Conditional Use Permit granted under the provisions of this Ordinance shall be null and void if the project proponent does not commence substantial construction of the facility within two (2 ) years from the date of the approval thereof not to exceed ten (10) years so designated by the Planning Commission or City Council. 2., Applications for any time extensions of the time limit contained in this section shall be filed prior to their expiration date.