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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. 21 22 23 24 25 27 28 1 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 26 s2: kd\1086. #2 27 28