HomeMy WebLinkAboutCC Ord 1354 1992-06-08
ORDINANCE NUMBER
/.7.6'".4
AN ORDINANCE OF THE CITY OF SEAL BEACH
ADOPTING ZONE TEXT AMENDMENT 92-1 RELATING
TO "OFF-SITE HAZARDOUS WASTE FACILITIES", AND
ADDING SECfION 28-1500.(12) AND ARTICLE 33,
SECTIONS 28-3300 THROUGH 28-3311 TO THE CODE OF I
THE CITY OF SEAL BEACH.
mE CITY COUNCIL OF mE CITY OF SEAL BEACH DOES HEREBY FIND AS
FOLLOWS:
WHEREAS, in 1986, the State legislature approved AD 2948 (Tanner), requrrmg
"Hazardous Waste Management Plans" to be prepared by the counties and
cities of California. The major objective of the Tanner legislation is to ensure
that sufficient hazardous waste facilities are available in the state to manage
hazardous waste and protect the public health and environment; and
WHEREAS, the Tanner legislation establishes that each County in the state has the
responsibility to provide for sufficient facility capacity to manage the
hazar~ous waste generated within that county; and
WHEREAS, primary decision-making for the initial siting and permitting of new facilities
lies with the local elected officials, Local land use controls are authorized by
the California Government Code for the protection of the public health,
safety and welfare and are carried out through local General Plans, zoning
and land use ordinances and permits; and
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WHEREAS, local land use permits must be obtained from cities or counties for new
hazardous waste facilities to build and operate at particular locations,
Facilities must also comply with a variety of Federa~ State and regional
regulations and permit requirements; and
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WHEREAS, the Tanner legislation and the "State Guidelines for the Preparation of
Hazardous Waste Management Plans" recognize local control over land use
decisions and operations of hazardous waste facilities; and
WHEREAS, county hazardous waste management plans must contain "Facility Siting
Criteria", to be used by facility developers in locating suitable facility sites and
designing appropriate facilities, and to be used by cities in evaluating
proposed facility projects for local land use permits; and
WHEREAS, the Tanner legislation and subsequent legislation (AD 477, Greene, 1987)
requires counties and cities to take implementing actions within 180 days
following state approval of the county hazardous waste management plan to
incorporate the facility siting policies and criteria into local planning and
permitting processes; and
WHEREAS, the Orange County Hazardous Waste Management Plan has been approved I
by the State, and the cities were notified of this action on December 6, 1991;
and
WHEREAS, the attached Zone Text Amendment has been prepared based on the
"Hazardous Waste Facility Model Ordinance" prepared by Orange County as
part of the "Orange County Hazardous Waste Management Plan" to comply
with the requirements of AD 2948; and
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Ordinance Number 1~5~
WHEREAS, the attached Zone Text Amendment contains the following major provisions:
1)
Establishes a Conditional Use Permit requirement for "Off-site
Hazardous Waste Facility", in the M-l, Light Manufacturing Zone,
[Section 28,1500,(12)]
2)
Establishes specific "Hazardous Waste Facility Procedure" provisions
(Section 28-3300 through 28-3312); and
WHEREAS, the proposed Zone Text Amendment is in compliance with the provisions of
Final Program Environmental Impact Report # 490 for the Orange County
Hazardous Waste Management Plan, approved by the Seal Beach City
Council on April 17, 1989; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on May
20, 1992 to consider Zone Text Amendment 92-1; and
WHEREAS, the Planning Commission received into evidence the Staff Report of May 20,
1992, along with all attachments thereto, and considered all public testimony
presented; and
WHEREAS, The Planning Commission made the following findings and recommended
approval of the subject Zone Text Amendment by the City Council on May
20, 1992:
1.
The previously prepared Environmental Impact Report (# 490)
adequately discloses the potential environmental impacts of the
proposed Zone Text Amendment, and no substantial adverse
environmental impacts will result upon the adoption of this Zone Text
Amendment.
2, The proposed Zone Text Amendment will set forth policies and
requirements for establishing off-site hazardous waste facilities within
the City, in accordance with the provisions of Health and Safety Code
Section 25135.7(c),
3, The proposed Zone Text Amendment does not replace or supersede
any of the other General Plan elements. It amplifies and supports the
goals and policies that are included in the other General Plan elements
and establishes new policies and requirements where necessary in
order to comply with the provisions of State law,
4. The proposed Zone Text Amendment is consistent with the elements
of the Seal Beach General Plan,
WHEREAS, the City Council held a duly noticed public hearing on Tuesday, May 26,
1992; and
WHEREAS, the City Council received into evidence the Report of the Planning
Commission, including the Staff Report of May 20, 1992, Planning
Commission Resolution No, 92-6, and the Minutes of the Planning
Commission meeting of May 20, 1992, In addition, the City Council
considered all written and oral evidence presented at the time of the public
hearing; and
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WHEREAS, at the conclusion of the public hearing, based upon the evidence presented,
the City Council determined to approve Zone Text Amendment 92-1.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Seal Beach does hereby approve Zone Text Amendment 92-1, and amend Chapter 28 of the I
Code of the City of Seal Beach as indicated below:
Section 1. Section 28-1500(12) of Chapter 28, Article 15 of The Code of the City of Seal
Beach is hereby added to read as follows:
"Section 28-1500,(12), The following additional uses subject to the issuance of
a Conditional Use Permit:
(a) Off-site Hazardous Waste Facility, as defined in Section 28-3301,
subject to the requirements of Sections 28-3300 through 23-3312.
Section 2, Article 33 of Chapter 28 of The Code of the City of Seal Beach is hereby
added to read:
"Article 33, Off-site Hazardous Waste Facilities Procedure,
S 28-3300,
S 28-3301.
S 28-3302.
S 28-3303,
S 28-3304,
S 28-3305,
S 28-3306,
S 28-3307,
S 28-3308,
S 28-3309,
S 28-3310,
S 28-3311,
Section 28-3300,
Intent and Purpose,
Definitions,
Applicability,
Procedure,
Applicant Requirements,
Environmental Review,
Local Assessment Committee,
Public Hearings,
Findings.
Appeals,
Facility Siting Criteria and Permitting Requirements,
Special Development Requirements,
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Intent and Pur.pose,
The intent and purpose of this section is to establish uniform standards, land use
regulations and a permit process for controlling the location, design, maintenance
and safety of off-site hazardous waste facilities, The Zoning Ordinance has been
amended to implement general policies regarding hazardous waste management
facilities pursuant to State Assembly Bill No, 1201 - Tanner, 1989, Assembly Bill
2948 - Tanner, 1986 and Assembly Bill 477 - Greene, 1987 (Chapter 6,5 of the
California Health and Safety Code) and Program A-3 in the Orange County I
Hazardous Waste Management Plan,
Section 28-3301. Definitions, For the purpose of this Article the terms listed in this
section shall be defined as follows; provided, however, references to statutes or regulations
in existence at the time this Article is adopted shall also include references to such statutes
or regulations as they may be amended or changed in the future:
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A. "Applicant" means any person applying to the City for a Conditional Use
Permit or a land use decision concerning a specified hazardous waste facility,
as defined under the term "proponent" of State Health and Safety Code
Section 25199,I(i),
B,
"General Fund" means the State of California General Fund,
C,
"Governor's Appeal Board" means a board formed to review the appeal by an
"applicant", as defined herein, of a specified hazardous waste facility land use
decision disapproved by the City or of one or more conditions of approval
placed on an approved specified hazardous waste facility or an appeal by an
"Interested person", as defined herein, The Governor's Appeal Board's
membership, purpose and procedures are defined by State Health and Safety
Code Section 25199.9-,14.
D. "Hazardous Waste" means any material that is identified in:
(1) Section 25115 or 25117 of the California Health and Safety Code as
set forth in Section 66680 and 66684 of Title 22 of the California
Administrative Code; or
(2) The Code of Federal Regulations, Title 40, Sections 261,31-261.33,
E,
"Health and Safety Assessment" means a technical and environmental
evaluation of a proposed facility, site, and surrounding area prior to
consideration of a Conditional Use Permit application, The assessment shall
consider the qualities and the physical and chemical characteristics of the
specific types of waste that would be handled, The assessment shall include
a hydraulic evaluation as well as an evaluation of the 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.
F, "Immobile Populations" means schools, hospitals, convalescent homes, prisons,
facilities for the mentally ill, and other similar facilities,
G, "Interested Person" means a person who participated in one or more public
meetings or hearings held to consider an application for a land use decision
for a specified hazardous waste facility project. "Participation" as defined by
State Health and Safety Code Section 25199.1(c) includes, but is not limited
to, the giving of oral or written testimony at a meeting or hearing, submission
of questions at a meeting or hearing, or attendance at the meeting or hearing.
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"Land Use Decision" means a discretionary decision of the City concerning
a specified 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 pursuant to Title 7
(commencing with Section 65000) of the Government Code,
"Local Assessment Committee (LAC)" means a State-required committee of
locally appointed representatives, designed to represent, generally, the
interests of the residents in the City and residents in adjacent communities in
meetings with the applicants 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(d), as reiterated under Section 28-
3306,
Ordinance Number ;I~~~
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"Off-site 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)
(2)
(3)
(4)
(5)
(6)
incineration facility (i,e" rotary kiln, fluid bed, etc,);
residual repository (receives only residuals from hazardous waste
treatment facilities);
stabilization/solidification facilities;
chemical oxidation facilities;
neutralization/precipitation facilities; or
transfer/storage facilities,
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K. "Office of Permit Assistance (OPA)" means the State of California Office of
Permit Assistance,
L. "Office of Planning and Research (OPR)" means the State of California
Office of Planning and Research.
M, "Residuals Repository" means a waste disposal facility specifically restricted
to receiving only residuals from hazardous waste treatment facilities,
N, "Specified Hazardous Waste Facility" means a specific off -site facility project
proposal.
Section 28-3302,
Applicability,
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The specific requirements of this Article are applicable to the siting and development
of off-site hazardous waste treatment, storage, transfer and disposal facilities as
defined in Section 28-3301, "Definitions,"
The off-site facility definition does not apply to:
A. Transportable Treatment Units (TIU), 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 are owned by, leased to, or under the control
of the producer of the waste,
All such facilities (i,e" off-site, on-site, and TIU'S) shall require state licensing to
install and operate,
Section 28-3303,
Procedure,
The following procedures are for the purpose of identifying the steps for processing I
a Conditional Use Permit application for a specified off-site hazardous waste facility,
These procedures include the steps to be taken by the applicant, State and City,
A, At least 90 days before filing an application with the City for a conditional
use permit for a specified hazardous waste facility project, the applicant shall
file, with the Office of Permit Assistance (OPA) in the State's Office of
Planning and Research and with the City, a Notice of Intent to make an
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application, 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 OPA shall immediately notify the
affected state agencies of the Notice of Intent. The City shall publish a notice
in a newspaper of general circulation in the area affected by the proposed
project, shall post notices in the location where the project is proposed, and
shall notify, by a direct mailing, the owners of contiguous property, as shown
in the latest equalized assessment role, A Notice of Intent is not transferable
to a location other than the location specified in the notice and shall remain
in effect for one year from the date it is filed with a local agency or until it
is withdrawn by the proponent, whichever is earlier, The project applicant
shall pay a city-imposed fee equal to the cost of notification required by this
section, (Requirement of Section 25199,7(a) ofthe California Health & Safety
Code,)
B,
Within 90 days after a Notice of Intent is filed with the OPA, the OPA shall
convene a public meeting within the City to inform the public of the nature,
function, and scope of the proposed facility project and the procedures that
are required for considering applications for the project. OPA shall provide
notice to the City setting forth the location and time of the meeting so that
City representatives may attend, (Requirement of Section 25199,7(c) of the
California Health & Safety Code,)
C,
Any time after receiving notification of the filing of a Notice of Intent but no
later than 30 days after the application for a specified hazardous waste facility
project is accepted as complete, the City Council shall appoint a
seven-member Local Assessment Committee (LAC) pursuant to the
provisions of Section 28-3306, The project applicant shall pay a fee to cover
the City's costs of establishing and convening the local assessment committee.
The fee shall accompany the application for a land use decision, (Require-
ment of Section 25199,7(d) of the California Health & Safety Code.)
D, The City shall notify the OPA within 10 days after an application for a land
use decision (Conditional Use Permit) for a specified hazardous waste facility
project is accepted as complete by City, Within 60 days after receiving this
notice, the OPA shall convene a meeting ofthe lead and responsible agencies
for the project, the applicant, the LAC and the interested public, for the
purpose of determining the issues which concern the agencies that are
required to review the project and the issues which concern the public, The
meeting shall take place in the City, (Requirement of Section 25199,7(4)(e)
of the California Health & Safety Code.)
E, Following the meeting as contemplated in Section 28-3303,D" the applicant
and the LAC shall meet and confer on the specified hazardous waste facility
project proposal for the purpose of establishing the terms and conditions
under which the project may be acceptable to the community, (Requirement
of Section 25199,7(4)(f) of the California Health & Safety Code,)
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F,
At the request of the applicant, the City Council shall, within 60 calendar days
after the City has determined that an application for a conditional use permit
for a hazardous waste facility is complete, issue an initial written deter-
mination on whether the hazardous waste facility project is consistent with
both the City General Plan and Zoning Ordinance in effect at the time the
application was received, and the Orange County Hazardous Waste
Management Plan, (Requirement of Section 25199,5(a) of the California
Health & Safety Code,)
Ordinance Number ~:f~~
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(1)
If the LAC finds that it requires assistance and independent advice to
adequately review a proposed hazardous waste facility project, it may
request technical assistance grants from the City to enable the LAC to
hire a consultant to assist and/or advise the LAC. The LAC may use
technical assistance grant funds made available to it to hire a
consultant to do either, or both, of the following:
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(a) Assist the committee in reviewing and evaluating the
application for the project, the environmental documents
prepared for the project pursuant to the California
Environmental Quality Act (Division 13 (commencing with
Section 2100] of the Public Resources Code) and any other
documents, materials, and information that are required by a
public agency in connection with the application for a land use
decision or a permit.
(b) Advise the LAC in its meetings and discussion with the facility
proponent to seek agreement on the terms and conditions
under which the project may be acceptable to the community.
(2) The project applicant shall pay a fee equal to the amount of any
technical assistance grant provided to the LAC from the City.
(3)
The City shall deposit any fee imposed in an account created in the
City, maintain records of all expenditures from the account, and return
any unused funds and accrued interest to the project applicant upon
completion of the review of the proposed hazardous waste facility
project.
(Section 25199.7 of the California Health and Safety Code.)
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G. An applicant may file an appeal of a conditional use permit determination
made by the final approval body for a specified hazardous waste facility
project with the Governor or the Governor's designee. (Requirement of
Section 25199.9 of the California Health & Safety Code.)
Section 28-3304.
Ap,plicant Reauirements.
In connection with a submittal of a conditional use permit application for an off-site
hazardous waste facility, the applicant shall submit:
A. A completed application form;
B. A completed environmental assessment form;
C. Property owner verification/permission for request;
D.
A deposit/fee as required by City Council Resolution;
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E. A scaled site plan and development plan drawn in sufficient detail to clearly
describe the following:
(1) Physical dimensions of property and structures;
(2) Location of existing and proposed structures;
Ordinance Number
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(3) Setbacks;
(4) Methods of circulation;
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(6) Utilization of property under the requested permit;
(7) The distance from the project property lines to the nearest residential
structure;
(8) Proximity of the project to l00-year floodplain areas;
(9) Proximity of the project to any known earthquake fault zones;
(10) The relationship of the proposed project to all above-ground water
supplies as well as known underground aquifers that could conceivably
suffer contamination;
(11) Topographic description of the property and surrounding area;
(12) Existing and proposed utilities which service or will be needed to
service the facility;
(13) Identification of surrounding zoning and land uses;
I (14) Landscape plans showing theme and location of all landscape areas;
(15) Building elevations showing building height, exterior materials, and
architectural theme; and
(16) Other information as required by the Director of
the Development Services Department.
F. A preliminary geological study of the property and surrounding area which
incorporates as deep a soils analysis as there are known aquifers, regardless
of the potability of those aquifers;
G. A report identifying of aU wastewater, treated and untreated, generated by the
proposed facility and the method and place of final discharge;
H. A report identifying of the amounts (tonnage) and types of hazardous wastes
to be treated at the proposed facility; the sources of these wastes; the ultimate
disposition of the wastes; and the anticipated life of the facility. Information
shall be provided on the amount, sources, and types of hazardous wastes to
be treated 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;
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Within forty-five days of a scheduled public hearing on an Environmental
document or the Conditional Use Permit, five sets of mailing labels and an
original copy as outlined in Section 28-3307;
J. A schedule that clearly sets forth ample opportunity for public input into the
proposed project prior to any formally advertised and scheduled public
hearings, in order to ensure adequate public testimony on the project in an
effort to mitigate all public concerns prior to the formal review;
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A written plan that identifies an ongoing monitoring program to ensure no
unintentional release of any hazardous substance from the site. This shall
include any ongoing monitoring necessary by other permitting agencies such
as State Department of Health Services, the South Coast Air Quality
Management District, Environmental Protection Agency, Santa Ana Regional
Water Quality Control Board, etc.;
A preliminary contingency plan for emergency procedures designed to
minimize hazards to human health or the environment from fires, explosions
or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water. The plan shall
provide for its immediate implementation whenever there is a fire, explosion,
or release of hazardous waste constituents which could threaten human health
or the environment. The preliminary contingency plan shall address the
requirements included in Section 28-3311.C.; and
M. A letter of justification describing how the proposed project will meet the
findings in Section 28-3308.
N. Other information as required by the Director of Development Services to
demonstrate compliance with the Facility Siting Criteria as outlined in Section
28-3310.
Section 28-3305.
Environmental Review.
A.
The project shall be subject to environmental analysis according to the City's
environmental guidelines pursuant to the California Environmental Quality
Act (Public Resources Code Sections 21000-21177; 15000-15387).
B.
The environmental analysis shall address but not be limited to the following:
(1) At least two reasonable alternatives to the project which shall be
reviewed pursuant to the California Environmental Quality Act (Public
Resources Code Section 15060(d).)
(2) Visual, noise and any olfactory impacts associated with the project and
recommended mitigation measures.
(3) All anticipated air quality impacts associated with the project and
proposed mitigation to ensure no degradation of air quality in the
area.
(4) All probabilities of accidents or spills at the site, as well as,
transportation-related accidents from the point of origin to the facility.
Such health and safety assessment shall identify mitigation measures
to reduce identified risks. The assessment shall identify the most
probable routes for transporting hazardous wastes to the facility from
within Orange County and Los Angeles County.
(5)
Traffic impacts associated with the project and recommended
mitigated measures.
(6) All anticipated water quality impacts associated with the project and
proposed mitigation to ensure no degradation of water quality in the
area.
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(7) Other information as required by the California Environmental Quality
Act.
Section 28-3306. Local Assessment Committee.
Pursuant to Section 28-3303.C. of this Article, the City Council shall appoint a Local
Assessment Committee (LAC) comprising at least seven (7) members.
A. The membership of the LAC shall:
(1) Be broadly constituted to reflect the makeup of the community and
shall include three representatives of the community at large, two
representatives of environmental or public interest groups, and two
representatives of affected businesses and industries. Members of the
LAC shall have no direct financial interest, as defined in Section 87103
of the California Government Code, in the proposed specified
hazardous waste facility project. (Requirement of Section 25199. 7( d)(I)
of the California Health & Safety Code.)
(2) Advise the City of the terms and conditions under which the proposed
hazardous waste facility project may be acceptable to the community.
The LAC shall do the following:
(a)
Enter into a dialogue with the applicant for the proposed
hazard waste facility project to reach an understanding with the
applicant on:
[1] The measures that should be taken by the applicant in
connection with the operation of the proposed
hazardous waste facility project to protect the public
health, safety, and welfare, and the environment of the
City.
[2] The special benefits and remuneration the applicant will
provide the City as compensation for the local costs
associated with the operation of the facility.
(Requirement of Section 25199.7(d)(2)(a) of the California Health and Safety
Code.)
(3) Represent generally, in meetings with the applicant, the interests of the
residents in the City and the interests of adjacent communities.
(Requirement of Section 25199.7(d)(2)(B) of the California Health &
Safety Code.)
(4) Receive and expend the technical assistance grants made available as
specified in Section 28-3303.F. of this Chapter. (Requirement of
Section 25199.7(d)(2)(C) of the California Health & Safety Code.)
(5) Adopt rules and procedures which are necessary to perform its duties
as outlined herein. (Requirement of Section 25199. 7( d)(2)(D) of the
California Health & Safety Code.)
(6) Advise the City of the terms, provisions, and conditions for project
approval which have been agreed upon by the LAC and the applicant
and of any additional information which the LAC deems appropriate.
Ordinance Number /3.5'.4
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The legislative body of the City may use this advice for its independent
consideration of the project. (Requ irement of Section
25199.7(d)(2)(E) of the California Health & Safety Code.)
(7) Cease to exist after final administrative action has been taken by the I
State and local agencies on the permit applications for the project for
which the LAC was formed. (Requirement of Section
25199.7(d)(4) of the California Health & Safety Code.)
B. The approval body shall provide staff resources to assist the LAC in
performing its duties. (Requirement of Section 25199.7(d)(3) of the
California Health & Safety Code.)
C. If the LAC and the applicant cannot resolve any differences through the
meetings specified in Section 28-3303.E. of this Article, the OPA may assist
pursuant to Section 25199.4 of the California Health and Safety
Code. (Requirement of Section 25199.7(h) of the California Health & Safety
Code. )
Section 28-3307.
Public Hearin~s.
A. Information Required for Public Hearing.
The applicant shall provide the following information on five sets of mailing I
labels and an original set within forty five days of a scheduled public hearing.
(1) A listing of all property owners within three hundred (300) feet of the
boundaries of the proposed project as shown on the latest equalized
assessment roll of Orange County.
(2) A listing of all addresses within three hundred (300) feet of the
boundaries of the proposed project if:
(a) The property is not occupied by the property owner (tenant
occupied); or
(b) The property is not yet listed on the latest equalized assessment
roll of Orange County.
(3) A listing of aU owners associations governing property within three
hundred (300) feet of the boundaries of the proposed project.
(4) A map which is keyed to all of the above listings.
B.
Public Notices.
(1) Notice of a public hearing shall be given not less than fifteen (15)
days nor more than sixty (60) days prior to the date of the hearing.
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(2) Notices shall contain information on the project, including a brief
description of the proposal, the environmental review status, and the
hearing date, time and location.
(3) Notices shall be mailed out to all names on the list required by the
Section 28-3307.A.
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(4)
Notices shall be displayed on the property and at public posting sites
designated by the City Council and/or published in newspaper(s) of
general circulation.
C.
Public Hearings.
The Director of Development Services shall set the time and place of
public hearings required to be held by the Planning Commission.
(2) The Planning Commission shall hold at least one (1) public hearing
and shall approve, deny or conditionally approve the request by
resolution based on the findings in Section 28-3308.
(1)
D. Time Limits.
The Conditional Use Permit for a hazardous waste facility shall become valid
15 days after the date of the decision by the Planning Commission unless
appealed. If appealed and then approved by the City Council, it shall become
valid on the date of City Council adoption of the resolution of approval.
Section 28-3308.
Findin2s.
A.
No conditional use permit shall be granted unless the Planning Commission
adopts a resolution setting forth the following findings:
(1) The project will be consistent with the General Plan.
(2) The project will not be detrimental to the health, safety or general
welfare of the community.
(3) The project site is or will be adequately served by roads and other
public or private service facilities.
(4) The project will be consistent with the Regional Fair Share Facility
Needs Assessment and siting policies established in the Orange County
Hazardous Waste Management Plan.
(5) The project will comply with the Facility Siting Criteria per Section 28-
3310.
Section 28-3309. Appeals.
A.
(1) Any decision of the Planning Commission may be appealed to the
City Council by the applicant, the City Council, or any interested
person as defined in Section 28-3301, within fifteen (15) days of the
date of the decision.
(2) Appeals shall be filed with the City Clerk and shall be accompanied
by a letter stating the reasons for the appeal. The City Clerk shall
schedule the appeal for a hearing within sixty
(60) days of receipt of the appeal.
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(3) An appeal shall be accompanied by a deposit/fee as required by the
City Council. An appeal by a member of the City Council shall not
be subject to the payment of a deposit/fee.
(4)
The City Council shall hold at least one (1) public hearing on any
appeal in accordance with Section 28-3307.
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(5) The City Council may affirm, reverse or modify the previous
decision. The decision of the City Council shall be final unless
appealed pursuant to Section 28-3309.B., below.
B. An applicant or an interested person may file an appeal of a conditional
use permit determination made by the City Council to the Governors
Appeals Board within 30 days after the date the City takes final action on
the land use decision pursuant to the California Health and Safety Code
Section 25199.9. An interested person may appeal only on the basis that
the conditions imposed do not adequately protect the public health, safety
or welfare. Procedures for filing an appeal are outlined in Sections
25199.9-.14 of the California Health and Safety Code.
Section 28-3310.
Facility Sitin2 Criteria and Permittin2 Reauirements.
The following siting criteria has been established for use by hazardous waste facility
applicants in locating and designing suitable facility sites and appropriate facilities, .
and by the City in evaluating proposed sites and facility projects. The purpose of the I
criteria are to reduce public health and environmental risks and governmental costs
associated with development of the facility (Reference: ''January 1989 Orange County
Hazardous Waste Management Plan, with Amendments June 1991" - Table V-3).
A. Protect the Residents of Orange County (and Seal Beach).
(1) Health and Safety Assessment
All Facilities: Facilities shall be sited so as not to create
significant risks or cause adverse impacts to the health and safety of
populations in surrounding public and private areas, as determined by
a Health and Safety Assessment. A Health and Safety Assessment by
a qualified preparer is required for a proposed facility prior to
approval of a local permit, to provide technical and environmental
evaluation of the proposed facility, site, and surrounding area. A
Health and Safety Assessment will provide the information and
analysis needed to demonstrate compliance of the proposed facility
with the Siting Criteria. The scope of the assessment will vary
according to the size, type and proposed location of the facility. It is
not intended that the Health and Safety Assessment duplicate
information developed for environmental impact reports or risk
assessments required under local, state or federal regulations. When I
environmental impact reports and health risk assessments are required,
their scopes should provide the information and analysis required, and
thereby suffice for the Health and Safety Assessment.
The Health and Safety Assessment shall evaluate, at minimum the
area within 2,000 feet of the site, which is designated a sensitive area,
and shall evaluate the potential impact on sensitive populations.
Sensitive populations include residential populations, employment
I
(2)
I
Ordinance Number /3.s;!
populations, and immobile populations such as those in schools,
hospitals, convalescent homes, jails and other similar facilities within
the area of potential impact. The Health and Safety Assessment must
consider the quantities and the physical and chemical characteristics
of the specific types of waste that would be handled, the facility design
features and planned operational practices. The need and distance for
any buffering of the facility from residential areas or other sensitive
land uses will be identified. The Assessment must include a hydrologic
evaluation, and must assess risks due to physical hazards such as
flooding and earthquakes and potential water or air pollution. The
Assessment will detail credible potential accidents, including the
distance over which effects would carry a variety of options for
reducing risks, and procedures for dealing with the effects. The
Assessment will identify the capabilities (including equipment and
trained personnel) and response times of existing emergency services
with regard to accidents at the facility, and will provide an emergency
evacuation plan. If existing emergency services are deemed inadequate,
the local agency may require the developer to supplement those
services with onsite trained personnel and equipment.
Avoidance or mitigation of potential significant health or safety risks
must be demonstrated to the satisfaction of the local permitting agency
and the California Department of Health Services.
Distance from Populations.
Treatment, Recycling and Collection Facilities: Facilities shall comply
with local minimum zoning code setbacks, unless a greater buffer
distance from other uses is deemed necessary, based on a required
Health and Safety Assessment.
Residuals Repositories: A minimum buffer distance of 2,000 feet
from residences and other sensitive land uses is required for a
hazardous waste residuals repository per Health and Safety Code
Section 25202.5(b) and (d). The size of the buffer zone necessary to
protect public health and safety will be identified based on a required
Health and Safety Assessment.
B. Ensure the Structural Stability of the Facility.
(1)
I
Floodplains.
All Facilities: Facilities must be designed, constructed, operated
and maintained to preclude failure due to flooding, per flood control
authorities and requirements. Provisions must be made to contain and
test storm runoff prior to discharge in areas subject to contamination
by waste or treated material. The required Health and Safety
Assessment will address flooding risks associated with the facility.
Treatment, Recycling and Collection Facilities: Facilities may be
located in areas subject to loo-year flooding only if protected by
offsetting engineered improvements, such as berms or raising the
facility above flood levels. This includes areas subject to flooding by
dam or levee failure and natural causes such as river flooding, flash
floods, rainfall or snowmelt, tsunamis (tidal waves), seiches
(earthquake-induced waves in lakes), and coastal flooding. A structural
Ordinance Number 1~4
.
analysis or engineering design study must be provided which shows
methods to prevent inundation or washout.
Residuals Repositories: Repositories are prohibited from locating I
in floodplain areas subject to loo-year flooding from natural causes or
dam failure, even with protection, per Code of Federal Regulations
(CFR), Title 40, Section 264.18(b), and California Administrative Code
(CAC), Title 22, Section 66391(a)(11)(b).
(2) Earthquakes.
All Facilities: Facilities must have a minimum 200-foot setback
from active or recently active earthquake faults, per the California
Administrative Code (CAC), Title 22, Section 6391(a)(1l)A(I) and (2).
The required Health and Safety Assessment will address earthquake
safety of the facility.
(3) Unstable Soils.
Treatment, Recycling and Collection Facilities: Facilities are prohibited
from locating in areas of potential rapid geologic change, unless the
facility and its containment structures have engineered design features
to assure structural stability. This includes areas with unstable soils,
steep slopes, and areas subject to liquefaction, subsidence or other
severe geologic constraints. The required Health and Safety
Assessment will include a geologic report defining any such constraints I
and engineered solutions.
Residuals Repositories: Repositories are prohibited from locating
in areas of potential rapid geologic change, subsidence, or liquefaction
per California Code of Regulations, Title 23, Subchapter 15, Section
2531 (e). The required Health and Safety Assessment will include a
geologic report.
C. Protect Surface and Groundwater Quality.
(1) Containment and Groundwater Monitoring.
All Facilities: Facilities shall be fully enclosed by containment
structures of impermeable materials which would contain any
unauthorized release of hazardous material. Facilities shall be
equipped with leak detection, spill control and recovery capability.
Groundwater monitoring wells must be located around each facility to
determine background vadose zone and groundwater quality, and to
detect leaks and spills from the facility, unless demonstrated to be safe
without them through the Health and Safety Assessment. An ongoing I
groundwater monitoring program should be developed in consultation
with local, state and water district representatives.
(2) Water Quality.
All Facilities: Facilities shall not be sited within watershed areas
which flow to open reservoirs or aqueducts that contain drinking water
supplies. Facilities shall not be located such that domestic water supply
wells can be adversely affected from unauthorized releases of
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(3)
.
Ordinance. Number ;I:1~~
contaminants. As a guideline, facilities should not be located within
one mile of domestic supply wells in the Forebay area (principal
recharge area to the Orange County groundwater basin), or one-half
mile from domestic supply wells in the pressure area of the Orange
County groundwater basin, unless demonstrated to be safe at closer
proximity through the Health and Safety Assessment. Facilities shall
not be located within wellhead protection zones as identified by EP A
guidelines or municipal water supply agencies and local water districts,
unless demonstrated to be safe at closer proximity through the Health
and Safety Assessment. Facilities shall not be located where they may
impact the quality of surface waters (lakes, rivers, streams, creeks, etc.)
or groundwater resources which have been identified for beneficial
uses by the Regional Water Quality Control Board Basin Plan (per
State Water Resources Control Board Policy Resolution 88-63). The
required Health and Safety Assessment will identify water quality
issues. Facilities must meet federal, state and local water quality
requirements.
Treatment, recycling and collection facilities: Facilities are encouraged
to locate outside of structured recharge areas to regional aquifers as
defined in local or state plans, including injection barrier well areas.
Facilities may locate in the following areas only with increased
engineered design features such as horizontal and vertical containment
and monitoring systems to ensure protection:
(a) Major aquifer recharge areas;
(b) Areas of permeable strata and soils;
(c) Areas where the existing groundwater has beneficial uses as
described in the Basin Plan.
Facilities with subsurface storage or treatment must be sited, designed
and operated to ensure that hazardous materials will be above the
tension- saturated zone.
Residuals Repositories: Repositories are prohibited from locating
in principal recharge areas to regional aquifers as defined in local or
state plans, including the Forebay area. Repositories are prohibited in
areas of high permeability (such as sand and gravel) per the
requirements of the State Water Quality Control Board and California
Code of Regulations, Title 23, Subchapter 15, Section 2531(b).
Repositories may locate only where the uppermost water-bearing zone
or aquifer is presently mineralized (by natural or man-induced
conditions) to the extent that it is not considered for beneficial use by
the Basin Plan. Repositories must be sited, designed and operated to
ensure that hazardous materials will always be above the
tension-saturated zone.
Wastewater.
All Facilities: Facilities generating wastewaters should locate in
areas with adequate industrial sewer capacity. The quality of
wastewater must meet all federal, state and local agency discharge
requirements and the facility must obtain a valid industrial wastewater
discharge permit.
Ordinance Number
1'3~~
D. Protect Air Quality.
(1) Air Quality Non-attainment and PSD Areas.
All Facilities: Facilities are prohibited in Class I areas as I
identified in the Clean Air Act, and within wilderness, National Parks,
memorial areas and similarly dedicated areas. Facilities may be sited
in other non-attainment and PSD (Prevention of Significant
Deterioration) areas only if they meet the requirements of the South
Coast Air Quality Management District. The required Health and
Safety Assessment will identify air emissions, impacts and mitigations
associated with the facility.
E. Protect Environmentally Sensitive Areas.
(1) Wetlands.
All Facilities: Facilities are prohibited from locating in wetlands
such as saltwater, fresh water and brackish marshes, swamps and bogs,
as defined in local, regional and state plans and policies (generally,
areas inundated by surface or groundwater with a frequency to
support, under normal circumstances, a prevalence of vegetative or
aquatic life which requires saturated soil conditions for growth and
reproduction).
(2) Animal and Plant Habitats.
All Facilities: Facilities are prohibited from locating within I
critical or significant habitat areas of animal and plant species
(including threatened or endangered species), as defined in local,
regional or state plans and policies.
(3) Prime Agricultural Lands.
All Facilities: Facilities are prohibited from locating on prime
agricultural lands, as defined in California law and local plans, unless
an overriding public need is served and demonstrated.
(4) Recreational, Cultural and Aesthetic Resources.
Collection Facilities: Low-volume transfer and storage facilities
may locate in protected, recreational, cultural or aesthetic resource
areas, as"defined by local, regional, state or national plans or policies,
only if necessary to handle hazardous wastes generated by workers,
residents, or visitors in these areas.
Treatment and Recycling Facilities and Residuals
Repositories: Facilities are prohibited from locating in protected
recreational, cultural and aesthetic resource areas, as defined by local, I
regional, state or national plans or policies.
(5) Mineral Resource Areas.
All Facilities: Facilities are prohibited from locating on lands
containing significant mineral deposits, as classified by local plans or
California's mineral land class maps and reports, if the extraction of
the mineral deposit would be precluded.
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Ordinance Number
~3~~
(6) Military Lands.
All Facilities. Facilities are prohibited from locating on
military lands by the policy of the U.S. Department of Defense
(DOD).
F.
Ensure Safe Transportation of Hazardous Waste.
(1) Proximity to Waste Generation Areas.
Treatment, Recycling and Collection Facilities: Facilities should
locate close to sources of hazardous waste generation (generally
industrial areas) to minimize the risks of transportation.
Residuals Repositories: Repositories may be located further from
the sources of hazardous waste generation than other facilities because
of the need for greater operating areas and buffer zones.
(2)
Proximity and Access to Major Routes.
All Facilities: Facilities shall be located to minimize distance
from major transportation routes. Facilities must have good access by
roads designed to accommodate heavy vehicles. Travel routes from
facilities to major transportation routes shall not pass through
residential neighborhoods, shall minimize residential frontages, and
shall be demonstrated as safe with regard to road design and
construction, accident rates, excessive traffic, etc. The required Health
and Safety Assessment will evaluate risks associated with
transportation of hazardous wastes.
G. Protect the Social and Economic Goals of the Community.
(1) Consistency with General Plan.
All Facilities:
policies, including
ordinances.
Facilities must be consistent with local planning
the City or County general plan and zoning
(2) Fiscal Impact.
All Facilities. A facility's fiscal impact upon the City must be
delineated.
(3) Socioeconomic Impacts.
All Facilities. The City or County may require the facility developer to
fund an independent study on socioeconomic impacts of the facility.
(4) Consistency with Orange County Hazardous Waste Management Plan.
All Facilities. Facilities shall be consistent with the goals and policies
of the Orange County Hazardous Waste Management Plan, and must
demonstrate compliance with the siting criteria established herein.
Facilities shall be consistent with the fair share principal, and with any
inter-jurisdictional agreements on hazardous waste management. Local
needs are to be the primary basis for facility siting criteria decisions,
Ordinance Number J'~~
along with regional commitments; facilities are to be designed and
sized primarily to meet the hazardous waste management needs of
Orange County, or to meet the County's broader regional
commitments under an inter-jurisdictional agreement.
Section 28-3311.
Soecial Develooment Reauirements.
A. General Conditions.
The City may impose conditions on the granting of a conditional use permit
for a hazardous waste facility in order to achieve the purposes of this Article
and the General Plan and to protect the health, safety and general welfare of
the community.
B. Safety and Security.
(1) The owner or operator shall prevent the unknowing entry, and
minimize the possibility for the unauthorized entry, of persons or
livestock onto any portion of the facility.
(2) The operator shall provide a 24-hour surveillance system (e.g.,
television monitoring or surveillance by guards or facility personnel)
which continuously monitors and controls entry onto the facility.
(3) An artificial or natural barrier (e.g., a wall or a wall combined with a
landscaped berm) shall be constructed which completely surrounds the
facility.
(4) All gates or other entrances into the facility shall be provided with
adequate means to control entry at all times. Signs with the legend,
"Danger - Hazardous Waste Area - Unauthorized Personnel Keep
Out," shall be posted at each entrance to the facility, and at other
locations, in sufficient numbers to be seen from any approach. The
legend shall be written in English, Spanish and any the language
predominate in the area surrounding the facility, and shall be legible
from a distance at least 50 feet. Existing signs with a legend other than
"Danger - Hazardous Waste Area - Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only
authorized personnel are allowed to enter the active portion, and that
entry onto the active portion can be dangerous.
C. Contingency Plan.
(1) The hazardous waste facility is required to have a contingency plan
designed to minimize hazards to human health and the environment
from fires, explosions, or unplanned release of hazardous waste to air,
soil, or surface water. The plan shall be carried out immediately
whenever a fire, explosion, or unplanned release occurs.
(2) The contingency plan shall include:
(a) The actions employees must take in response to a fire,
explosion, unplanned release of hazardous waste;
(b) Arrangements agreed to by local emergency response officials;
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.Ordin~nce Number ~35'"~
(c)
The names, addresses and telephone numbers (office and
home) of all persons qualified to act as emergency coordinator.
(If more than one name is listed, the order in which they may
assume authority shall be given, with one person designated as
primary coordinator.) The emergency coordinator shall be
available to respond to an emergency and shall have the
responsibility for coordinating all emergency response measures.
The emergency coordinator shall be familiar with all aspects of
the contingency plan, all operations and activities of the facility,
the location and characteristics of wastes handled, and general
facility layout. The emergency coordinator shall have the
authority to commit the resources needed to carry out the
contingency plan;
I
(d) A listing of all emergency equipment at the facility, including
its' location and an outline of its capabilities;
(e) An evacuation plan for employees where evacuation may be
necessary, including signals used to begin evacuation, primary
evacuation routes and alternate routes.
(3) Facility Emergency Coordinator Responsibilities shall be identified in
the contingency plan to include, at minimum, the following:
I
(a) In event of emergency (imminent or natural) fire, the
emergency coordinator shall immediately activate facility alarms
to notify employees and shall contact appropriate state or local
emergency response agencies.
(b) In the event of a fire, explosion, or release of any hazardous
material, the emergency coordinator shall immediately identify
the character, exact source, amount and real extent of any
released materials. Concurrently, the emergency coordinator
shall assess possible hazards both direct and indirect, to human
health or the environment that may result from the emergency.
(c) If the emergency coordinator determines that the facility has
had a release, fire or explosion which could threaten human
health and the environment outside the facility, the emergency
coordinator shall report his findings as per the following
Subsections (d) and (e).
(d) If evacuation is necessary, local officials shall be so notified.
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(e) The emergency coordinator shall, in every situation, notify the
State Office of Emergency Services at 1-800-852-7550 providing
the following information:
[1]
Name and telephone of person reporting;
[2] Name and address of facility;
[3] Time and type of incident;
[4] Name and quantity of material(s) involved;
Ordinance Number J~~~
.
[5] Extent of injuries; and
[6] Possible hazard to human health and the environment
ou tside facility.
(f)
During the emergency, the emergency coordinator shall take all
reasonable measures to ensure that fires, explosions, and
releases do not occur or spread, including such measures as:
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[1] Stopping operations;
[2] Collecting and containing released waste; and
[3] Removing or isolating containers.
(g) If the facility stops operations during an emergency, the
emergency coordinator shall monitor for leaks, pressure
build-ups, gas generation or ruptures in valves, pipes or other
equipment as appropriate.
(h) Immediately after an emergency, the emergency coordinator
shall provide for treating, storing or disposing of recovered
waste, contaminated soil or surface water, or any other material
resulting from a release, fire or explosion.
(i)
Other activities required of the emergency coordinator after an
emergency are:
I
[1] No wastes incompatible with the released material is
handled until clean-up is completed; and
[2] Emergency equipment is cleaned and ready for use
before operations are resumed.
(4) Owner/Operator Responsibilities shall be identified in the contingency
plan to include, at minimum, the following:
(a) Notify the State Department of Health Services and
appropriate state and local authorities that the above
requirements have been met before operations are resumed in
the affected area.
(b) Record the time, date and details of any incident which
requires implementing the contingency plan.
(c)
Within 15 days submit a written report on the incident to the
State Department of Health Services. The report shall include:
I
[1] Name, address and telephone number of the
owner/operator;
[2] Name, address and telephone number of the facility;
[3] Date, time and type of incident;
I
[4]
[5]
[6]
[7]
Ordinance Number
Jj5~
Name and quantity of mate~ials involved;
Extent of any injuries;
Assessment of actual or potential hazards to human
health or the environment, where applicable; and
An estimate of the quantity of material recovered and its
disposition.
(d) A copy of the contingency plan shall be maintained at the
facility. A copy shall be sent to Public Safety, Orange County
Fire Department, surrounding hospitals, Orange County Health
Care Agency, and other regulatory agencies as deemed
appropriate.
(e) The contingency plan shall be reviewed and amended when any
of the following occur:
[1] The facility permit is revised;
[2] Applicable regulations are revised;
I
[3]
[4]
The plan fails in an emergency;
Operations at the facility change in a way that materially
increases the potential of fire, explosion or unplanned
release of -hazardous waste;
[5] The list of emergency coordinators changes;
[6] The list of emergency equipment changes.
D. Monitoring.
(1) Upon reasonable notice, the City, their designated representatives and
representatives of other agencies may enter a parcel on which a
Conditional Use Permit for a hazardous waste facility has been granted
for the purpose of monitoring the operation of the facility.
(2) The holder of a conditional use permit for a hazardous waste facility
shall report quarterly to the City 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
waste materials. The report should also include a map showing the
exact location (coordinates and elevation) by quantity and types of
materials placed in repositories or otherwise stored or disposed of
on-site.
I
(3) All structures shall remain accessible for inspection purposes.
E. Closure Plan.
The owner or operator of a hazardous waste management facility shall submit
a written closure plan. A copy of the approved plan and all revisions to the
Ordinance Number ~~~~
-
plan shall be kept at the facility until closure is completed. The plan shall
identify steps necessary to completely or partially close the facility at any
point during its intended operating life and to completely close the facility at
the end of its intended operating life. The closure plan shall include at least:
(1)
A description of how and when the facility will be partially closed, if
applicable, and finally closed. The description shall identify the
maximum extent of the operation which will be open during the life of
the facility.
I
(2) An estimate of the maximum inventory of wastes in storage and in
treatment at any time during the life of the facility.
(3) A description of the steps needed to decontaminate facility equipment
during closure.
(4) An estimate of the expected year of closure and a schedule for final
closure. The schedule shall include a minimum, the initial time
required to close the facility and the time required for intervening
closure activities which win allow tracking of the progress of closure.
The owner or operator may amend his closure plan at any time during
the active life of the' facility. (The active life of the facility is that
period during which wastes are periodically received.) The owner, or
operator shall amend the plan whenever changes in operating plans or
facility design affect the closure plan, or whenever there is a change in I
the expected year of closure. When the owner or operator requests a
permit modification to authorize a change operating plans or facility
design, a modification of the closure plan shall be requested at the
same time.
(5) The plan shall clearly indicate an effective and ongoing use for the
facility after closure. The plan will identify how the subject property
will be used after the anticipated life of the project; the nature and
type of reclamation, provisions for maintenance of the project and
finally the requirements for long-term monitoring of the reclaimed
area to insure no hazardous materials are leaking from the site.
(6) The plan shall indicate financial arrangements (irrevocable trust or
other form of security arrangement) for the purpose of providing funds
for the closure of its site and its long-term post closure monitoring
maintenance, per Section 3311.F.(3) below.
F. Financial Responsibility.
The owner/operator shall show proof of liability insurance as follows:
(1)
The types, amounts, periods of coverage, and provisions for periodic
review as to adequacy of coverage shall be specified in the conditions
of approval. Required insurance shall include, but not be limited to:
general liability insurance, automotive liability insurance,
environmental impairment liability insurance, and architect's and
engineer's professional liability insurance. All such insurance shall
name the City as an additional insured and shall be maintained for the
life of the site and such additional periods as shall be specified in the
conditions of approval.
I
Ordinance. Number ~~~
I
(2) Additionally, coverage will be provided for workers compensation
insurance and such other insurance as may be required. Said insurance
will name the City as either additional insured or as an additional loss
payee. Certificates of Insurance will be submitted to the City annually.
An Irrevocable Trust will be established to provide funds for closure
of the site and its long-term post-closure and monitoring and
maintenance. Funds for this trust would be provided by the
owner/operator of the facility quarterly based on quantity and types of
hazardous wastes received and proces~ed or percentage of gross
income. The terms of the Trust would be as agreed upon by the
project owner/operator and the City. The terms will be reviewed
annually in regards to the amount of funds in the trust and anticipated
closure, monitoring and maintenance costs. Applicant shall provide a
bond in an amount to be determined by the City for purposes of
closure of the site.
(3)
(4) The owner/operator shall defend, indemnify, and hold harmless the
City, its officers, agents, servants, and employees from all claims,
actions or liabilities arising out of the issuance of this permit,
operations at the facility and transportation of wastes to and from the
facility.
G. Use of Permit.
I
(1) A Conditional Use Permit for a hazardous waste facility shall be
granted for only those substa~ces and quantities identified in the
conditions of approval. No additional types of wastes or increases in
the quantity of approved wastes shall be allowed beyond those
specified in the approved permit, unless a separate application is made
therefore which shall satisfy the same procedures and contents as those
required in an initial application.
I
(2) Conditional Use Permits granted for an off-site hazardous waste
facility shall be used within 3 years from the effective date thereof, or
within such additional time as may be set in the conditions of approval,
which shall not exceed a total of 5 years; otherwise, the permit shall
be null and void. Notwithstanding the foregoing, if a permit is required
to be used within less than 5 years, the permittee may, prior to its
expiration, request an extension of time in which to use the permit. A
request for extension of time shall be made to the final approval body,
on forms provided by the Development Services Department and shall
be filed with the Director, accompanied by the appropriate fee. Within
60 days following the filing of a request for an extension, the Director
shall set the matter as an advertised public hearing on the regular
agenda of the final approval body. An extension of time may be
granted by the final approval body upon a determination that valid
reason exists for permittee not using the permit within the required
period of time. If an extension is granted, the total time allowed for
use of the permit shall not exceed a period of 10 years, calculated
from the effective date of the issuance of permit. The term "use" shall
mean the beginning of substantial construction of the use that is
authorized, which construction must thereafter be pursued diligently
to completion.
Ordinance Number ~~~~
.
(3) Permit Review and Renewal. Permit review and renewal shall be
determined at the time of approval and shall not exceed 5 years."
Section 3. Severability.
In the event that anyone or more of the phrases, sentences, clauses, paragraphs I
or Sections contained in this Article shall be declared invalid or unenforceable by
a valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceablility shall not affect any of the remaining phrases, sentences, clauses,
paragraphs or sections of this Article which are hereby declared as severable and
shall be interpreted to carry out the intent hereunder.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Seal Beach does hereby adopt Zone Text Amendment 92-1.
~
( A'JTPST: ~~ I 12
~~u~jf7~
EJY Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
P ASSED~PROVED AND ADOPTED ) the City Council of the City of
Seal Beach a~meeting thereof held on the ~ day of
~ ~ ,1992.
_~AI~ /~",j~-'
Mayor
CITY ,g..&.~EACH
.#'ot SEAL 8~.1\11
- ..I. ......... f:'''f 1,_
if,....... ..~O.'O.4;.. C~\
ill ."~ ...,. 'C).o-,
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f"'!~. \0\1'
2 . .
~ 0: : <~
~_~o o.:iJ
I." ..r.,.o ~.".~: ~i1
"9" ~^'. .c. \~" .' ..0:::
" \,t~ o. or 27. .. "I
,~ '# (": ......... c.""':
11,,\\e.~ Nt".:....'
.,,,"...........-
1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby ~tify
that the foregoing Ordinance is an original copy of Ordinance Number /"5"" on
file in the offic the City Clerk, introduced at a meeting held on the ...?L. Itf
d~ 1992, and passed, approved and tpted by the City
oun iI of the City Seal Beach at a meeting held on the _ day of
, I 92 by the f 'ng vote:
I
Councilmembe
NOES: Councilmembers
ABSENT: COUnCilmemberS~ J
and do hereby further certify that Ordinance N~~r.L..;'.5""ihas been published
pursuant to the Seal Beach City Charter and Resolution N 2836.
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I
-,-
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
allin:~~~1
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach. California,
this ~I.( day of ~, 19~.
0," --tIw. [~n..>
I Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Ordina~ce Number ~3S-~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Public Hearing'
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NOTICE OF
PUBLIC HEAlING
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Ordinance Number ~~41
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAl. a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583: that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil), has been published In
each regular and entire Issue of said
newspaper and not In any supplement
thereof on ,the following dates, to-wit:
, ~MAU- ---/
all In the year 19..i2,..
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
.J t
this ";7 day of ~ M';......:.-. 19..i2,..
I ~.'" ,,--)
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
PUBUC NOTICE/Summary Ordinance
. . . . . . . . . . . . . . . . . . . . . . . . . . .'. .
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach. County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed Is a printed
copy (set In type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not In any supplement
thereof on the fOIlOWI~ dates, to-wit:
.......\..t\...r~ll.. I '
all In the year 19..i2...
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this I~ day of -.l...u'nL. 19..i2...
,f)
'\~
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Ordinance Number ~.;r~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
. . . . . . . . . . . . . . . . . . . . . . . . . . ... .
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