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HomeMy WebLinkAbout1990-11-13 - AGENDA REPORTS - HAZARDOUS WASTE ORD 90-36 (2)AGENDA REPORT City Manager Approval Item to be presented by: "i]I�ESI�ISHED BUSINESS Lynn M Harris i DATE: November 13, 1990 SUBJECT: Draft Ordinance pertaining to Hazardous Waste Facilities Ordinance Number: 90-36 i DEPARTMENT: Community Development BACKGROUND At its meeting of October 30, 1990, the Council held a public hearing on the above item and then introduced the ordinance. The attached draft ordinance creates requirements for siting criteria and the approval of a conditional use permit for hazardous waste disposal facilities. RECOMMENDATION Waive further reading and adopt Ordinance No. 90-36 ATTACHMENTS Ordinance No. 90-36 MAR:241 Adopted,L��, o Agenda Item;' ORDINANCE NO. 90-36 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING SECTION 22.32.190-A-4 OF, AND ADDING SECTION 22.56.256 TO, THE SANTA CLARITA MUNICIPAL CODE, RELATING TO THE REGULATION AND ESTABLISHMENT OF PROCEDURES FOR THE SITING OF HAZARDOUS WASTE FACILITIES. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Section 22.32.190-A-4 is amended by adding the following use as a use permitted subject to a conditional use permit in the M-2 Zone: SECTION 2. Section 22.56.256 is added to the Santa Clarita Municipal Code to read: 22.56.256 HAZARDOUS WASTE FACILITIES - ADDITIONAL REGULATIONS. Hazardous waste facilities shall be subject to the approval of a conditional use permit in with the provisions of this Section. The conditional use permit process is intended to assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. A. Definitions Generally. Unless otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 25110) and Section 25199.1 of the California Health and Safety Code, and as such -provisions are amended from time to time. 1. Residuals Repository. "Residuals Repository" is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan. B. Procedures for Applications for Land Use Decisions. In addition to the procedures specified in this Chapter, applications for hazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 65, Article 8.7 of the California -1- dch/ORD05995 10/22/90 0 0 Health and Safety Code (commencing with Section 25199) and as such_ provisions may be amended from time to time. 1. Criteria. All hazardous waste facility projects must meet the criteria listed herein unless the City Council determines that one or more criteria should be relaxed to meet an overriding public need identified by the Council. 2. Notice; Nailing Labels. Not later than one (1) month prior to any public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide -three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (21000) foot.radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants, and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant. C. Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the Director of Community Development on the forms provided by the Director of Community Development, and accompanied by a filing fee as established by the City Council by resolution. D. Standards and Criteria. 1. Consistency with Siting Policies. All Hazardous Waste Facility projects in the City of Santa Clarita shall be consistent with the Hazardous Waste Siting policies, standards, and locational criteria in the Land Use Element°of the Santa Clarita General Plan and the provisions of this Section. 2. Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances, and other planning actions or policies that were in place at the time the application was deemed complete. 3. Changes in Real Property Values. The applicant shall fund an independent study of'the effects of the facility on real property values within the City. While the proponent shall fund -the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action -2- dch/ORD05995 10/22/90 on the application by the Local the information contained in the the Local Assessment Committee. 0 Assessment Committee so that study may be considered by 4. Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore, review, and impose appropriate taxes, user fees, and other revenue or compensation options. 5. Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the Local Assessment Committee so that the information contained in the study may be considered by the Local Assessment Committee. 6. Excess .Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Santa Clarita and not currently being managed by a facility located in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise. 7. Compatibility with County Hazardous Waste Management Plan. Any application shall clearly demonstrate compatibility with the portions of the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities. S. Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet. 9. Capability of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National FirePreservationAssociation. In addition, -3- dch/ORD05995 10/22/90 0 0 hazardous materials accident response services at the facility may be required based on the type of wastes handled on the location of the facility. 10. Flood Hazard Areas. Residuals repositories -are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation. 11. Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred (200) foot setback from a known active earthquake fault. 12. Slope Stability. Residuals repositories are prohibited in areas.of potential rapid geological change. All other facilities shall avoid locating in areas of potential rapid geological change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes. 13. Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area. 14. Aaueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies. 15. Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pre-treated as necessary prior to discharge into the sanitary sewer system. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge. 16. Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field. Location is preferred where the saturated zone predominately discharges to non -potable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of -4- dch/ORD05995 10/22/90 0 0 depression created by pumping a well field unless an effective.hydrogeologic barrier to vertical flow exists. 17. Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from -the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water. 18. Proximity to Habitats of Threatened Endangered Species. Facilities are prohibited in habitats of threatened.or endangered species unless the applicant can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened. 19. Recreation. Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural, or aesthetic value. 20. Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented. 21. Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility. 22. Structures Fronting Truck and Transportation Routes. Facilities shall be located such that any truck or transportation route to and from state or interstate.divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.). -5- dch/ORD05995 10/22/90 23. Closure and Post -Closure Plan. The applicant shall submit to the Director of Community Development a written closure plan and post-closure.plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director of Community Development. 24. Financial Responsibility. Prior to issuance of a permit to begin the use.identified in the land use.decision, the applicant shall submit, to the City Manager, proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State Agency. 25. Indemnification. The applicant agrees to protect, defend, indemnify, and render harmless the City of Santa Clarita and its City Council, City Manager, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arisingout of its implementation at the Site. 26. General Conditions. The City may impose, as necessary, conditions and standards other than those presented in this subsection and in the Santa Clarita General Plan, in order to achieve the purposes of this ordinance and to protect the health, safety, or general welfare of the community. E. Mandatory Conditions. 1. Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorizedentry of persons, livestock, or wild animals onto any portion of the facility. 2. Surveillance. The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility. 3. Fencing. Perimeter fencing shall be constructed to the satisfaction of the Director of Community Development. 4. Signage. If not inconsistent with the requirements of other laws, 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. -6- dch/ORD05995 10/22/90 0 0 5. Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements which the City of Santa Clarita 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. 6. Reports. The owner or operator of a facility shall report quarterly to the Public Works Department the amount, type, and disposition of all wastes processed by the facility. Included in the.report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site. 7. Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other Local, Regional, State or Federal Agencies to the Director of Community Development. 8. Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response agencies, the Director of Public Works and the Director of Community Development. The emergency response plan andtheannual updates shall detail specific procedures to be undertaken in the event of an emergency. 9. Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the facility which were not included in the approved Conditional Use Permit, must be approved by the City through an amendment to the Conditional Use Permit before such modifications occur at the facility. 10. Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation plan, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to.the City Manager, Director of Community Development, Sheriff, the Fire Chief, each -7- dch/ORD05995 10/22/90 hospital within 20 miles, and the Los Angeles County Department of Health. 11. Environmental Monitoring Report. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director of Community Development, in a form approved by the Director of Community Development. 12. Release Response Costs. The facility owner/operator shall be responsible for all costs incurred by the City of Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or enroute to or from the facility. 13. Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste" as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation. 14. Duration of Land Use Decision. The life of.the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion." F. Compliance Costs. All costs of compliance with this ordinance shall be borne by the facility owner/operator. G. Enforcement. The City of Santa Clarita may employ any and all methods permitted by law to enforce this ordinance. SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, -8- dch/ORD05995 10/22/90 phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid.or unconstitutional. SECTION 4. In the consideration and adoption of this ordinance, the Council finds and determines as follows: A. The City of Santa Clarita is proceeding in a timely fashion with the preparation of a general plan. There is a reasonable probability that this ordinance will be consistent with the general plan proposal currently being considered or studied, that there is little or no probability of substantial detriment to orinterference with the future adopted general plan if the proposed project is ultimately inconsistent with that plan, and that the proposed project complies with all other applicable requirements of state law and local ordinances. B. Implementation of this draft ordinance will cause no significant adverse effects on the environment. SECTION 5. The City Council has reviewed and considered the environmental information contained in the Initial Study, and determines that it is in compliance with the California Environmental Quality Act and that the proposed project will not have a significant impact on the environment. A negative declaration was prepared for this project. Based upon the findings stated above, the City Council approves the negative declaration. SECTION 6. The Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner prescribed by law. PASSED, APPROVED, AND ADOPTED this day of , 1990 Jo Anne Darcy Mayor -9- dch/ORD05995 10/22/90 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) I, City Clerk of the City. of Santa=Clarita, do hereby certify that the foregoing Ordinance No. 90-1 was .regularly introduced and placed upon its first reading at a regular meeting of the. City . Council on the day of , 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK