Ordinance Number 731ORDINANCE NO. 731
CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SECTION 9-3.304 AND ADDING
SECTION 9-3.631 TO THE MUNICIPAL CODE ESTABLISHING A
HAZARDOUS WASTE FACILITIES ORDINANCE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
(a) The provisions established by Assembly Bill 1201 (Tanner, 1989);
Assembly Bill 2948 (Tanner, 1986); and Assembly Bill 477 (Greene, 1987) require the
preparation and adoption of a Hazardous Waste Facilities Ordinance and staff has
prepared such an Ordinance consistent with those legislative provisions.
(b) The provisions established by the Orange County Hazardous Waste
Management Plan (Program A-3) mandate the preparation and adoption of a Hazardous
Waste Facilities Ordinance.
(c) The Orange County Hazardous Waste Management Plan, Regional Fair
Share Facility Needs Assessment, mandates that all cities within the County accept their
fair share responsibility for siting hazardous waste facilities.
(d) The Hazardous Waste Facilities Ordinance is consistent with the goals,
policies and objectives of the San Juan Capistrano General Plan.
(e) The Environmental Review Board has considered the Hazardous Waste
Facilities Ordinance and issued a negative declaration pursuant to the provisions of the
California Environmental Quality Act (1970) and otherwise carried out all applicable
provisions of that Act.
(f) The Hazardous Waste Facilities Ordinance complies with the provisions
of the California Environmental Quality Act (1970).
(g) The Hazardous Waste Facilities Ordinance will protect the health,
safety, and general welfare of the residents of the City of San Juan Capistrano through
public review procedures and substantive requirements which assure that such facilities
are appropriately located and subject to specific operational requirements.
SECTION 2. AMENDMENT TEXT.
Based upon the findings set forth in Section 1 preceding, the Municipal Code is amended
as follows:
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Amend Section 9-3.304, entitled Specific Uses Requiring Conditional Use Permits by
adding the following subsection:
(k) "Hazardous Waste Facilities" subject to the standards contained in Section
9-3.631.
Add Section 9-3.631, Hazardous Waste Facilities Ordinance:
(a) Purpose and Intent.
The purpose of this section is to establish uniform procedures and
standards for controlling the location, design, maintenance and safety of hazardous waste
facilities. The Land Use Code has been amended to include the provisions herein 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) and Program A-3 of the Orange County Hazardous
Waste Management Plan. The purpose and intent of this Ordinance is to meet the "Fair
Share Facility Siting" policy of the Orange County Hazardous Waste Management Plan.
However, the City shall have absolutely no obligation to approve any conditional use
permit which proposes to process a volume of hazardous waste which exceeds that
generated by land uses within the City.
(b) Applicability.
The specific requirements of this section are applicable to the siting and
development of all hazardous waste treatment, storage, transfer and disposal facilities as
defined in Section (k), "Definitions." All such facilities shall require applicable State
licensing to develop and operate.
(c) Procedure.
All "Hazardous Waste Facilities" shall be subject to approval of a
conditional use permit issued by the Planning Commission and the standards established
by this section. The following procedures shall govern the processing of a conditional use
permit application for all hazardous waste facilities:
(1) At least ninety (90) days before filing an application with the City
for a hazardous waste facility conditional use permit, 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 such an 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 the Notice of Intent 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. (Requirement of Section 25199.7 (a) of the California
Health & Safety Code.)
(2) Within ninety (90) days after a Notice of Intent is filed with the
Office of Permit Assistance, the OPA shall convene a public meeting within the City to
inform the public on the nature, function, and scope of the proposed project and the
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procedures that are required for approving the project application. OPA shall advise the
City of the date, time, and location ofthe meeting. (Requirement of Section 25199.7(c)
of the California Health & Safety Code.)
(3) Within ten (10) calendar days after the City has determined that a
conditional use permit application for a hazardous waste facility is complete, staff shall
solicit services from qualified consultants pursuant to the City's professional consultant
selection requirements. The purpose of the consultant shall be to provide technical
assistance to the staff and Local Assessment Committee (LAC). Following selection of
the consultant, the applicant shall deposit necessary fees with the City to cover all costs
associated with the approved scope of work.
(4) Within thirty (30) days of acceptance of a conditional use permit as
complete, the City Council shall appoint the seven member Local Assessment Committee
(LAC) pursuant to the provisions of subsection (f). (Requirement of Section 25199.7(d) of
the California Health & Safety Code.)
(5) The City shall notify the OPA within ten (10) days after an
application for a conditional use permit for a hazardous waste facility project is
accepted as complete by the City. Within sixty (60) day after receiving such notice, the
OPA shall convene a meeting of the lead and responsible agencies for the project, the
applicant, and the interested public, for the purpose of determining the issues which
concern the public agencies and the public. (Requirement of Section 25199(4xe) of the
California Health & Safety Code.)
(6) Following the meeting specified in subsection (c)(5), the applicant,
City staff and the LAC shall meet and confer on the proposed 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.)
(7) At the request of the applicant, the Planning Department shall,
within sixty (60) calendar days after the City has determined that a conditional use
permit application for a hazardous waste facility is complete, issue an initial written
determination on whether the 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.)
(8) An applicant may appeal the City's final approving body action on a
conditional use permit for a hazardous waste facility project to the Governor or the
Governor's designee. (Requirement of Section 25199.9 of the California Health & Safety
Code.)
(d) Application Submission Requirements.
In addition to the standard submission requirements for a conditional use
permit, applications for an off-site hazardous waste facility must be accompanied by the
following:
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(1) A preliminary geotechnical study of the property and surrounding
area including the location and characteristics of any aquifers, regardless of the
potability of those aquifers.
(2) Identification of all wastewater, treated and untreated, generated
by the proposed facility and the method and place of final discharge.
(3) Identification of the amounts (pounds) 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
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.
(4) An emergency operations plan containing emergency procedures
pursuant to subsection (kH2).
(5) Other information as required by the Planning Director to
demonstrate compliance with the subsection (h), Criteria in Subsection (j), Facility Siting
Standards.
(6) A Health and Safety Assessment prepared by a qualified preparer is
required 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. 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, employment, and immobile populations such as schools, hospitals,
convalescent homes, and other similar facilities within the area of potential impact. The
Health and Safety Assessment must consider the qualities and the physical and chemical
characteristics of the specific types of the waste that would be handled, the facility
design features and planned operations 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 City may require the developer
to supplement those services with on site trained personnel and equipment.
(e) Environmental Review.
All hazardous waste facility projects shall be subject to environmental
analysis according to the City's environmental review guidelines and pursuant to the
California Environmental Quality Act (CEQA, 1970). Preliminary environmental review
shall include analysis with particular emphasis on risk of upset, public health, water
quality, air quality, visual resource, and noise impacts.
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W Local Assessment Committee.
The City Council shall appoint a seven (7) member Local Assessment
Committee (LAC) to administer the provisions of this Code as specified herein.
(1) The LAC shall include three (3) representatives of the community
at large, two (2) representatives of environmental or public interest groups, and two (2)
representatives of affected businesses or industries. Members of the LAC shall have no
financial interest, as defined by Section 87103 of the California Government Code, in the
hazardous waste facility project under review. The responsibilities of the LAC shall
include:
(i) Advise the City of the terms and conditions under which a
proposed hazardous waste facility would meet the requirements of this section of the
Code. The LAC shall determine, in consultation with the applicant, the following
(Requirement of Section 25199.7(dX2)(a) of the California Health & Safety Code.):
(aa) Measures which should be undertaken in connection with
the operation of the proposed hazardous waste facility project to protect the public
health, safety, and welfare.
(ab) Special benefits or remuneration the applicant will
provide the City as compensation for the local costs associated with the operation of the
proposed hazardous waste facility.
(ii) In meetings with the applicant, generally represent the
interests of the City's residents and businesses as well as those of adjoining
communities. (Requirement of Section 25199.7(d)(2XB) of the California Health & Safety
Code.)
(iii) Expend the technical assistance services made available under
subsection (c)(3). (Requirement of Section 25199.7(dX2)(C) of the California Health &
Safety Code.)
(iv) Adopt administrative rules and procedures which are
necessary to perform duties outlined herein. (Requirement of Section 25199.7(d)(2XD) of
the California Health & Safety Code.)
(v) Advise the City of the terms, provisions, and conditions for
project approval which have been agreed upon by the LAC and the applicant, or which
the LAC deems appropriate. The City's decision-making body may rely upon the advice
and recommendations of the LAC. (Requirement of Section 25199.7(dX2)(E) of the
California Health & Safety Code.)
(vi) After final administrative action has been taken by the State
and local agencies on the conditional use permit application, the LAC shall automatically
cease to exist. (Requirement of Section 25199.7(dX4) of the California Health & Safety
Code.)
(2) The City shall provide the LAC with necessary staff resources to
assist in fulfilling its responsibilities. (Requirement of Section 25199.7(dX3) of the
California Health & Safety Code.)
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(3) If the LAC and applicant cannot resolve differences through the
public meeting process, the City may request the assistance of OPA to reach resolution
pursuant to Section 25199.4 of the California Health & Safety Code. (Requirement of
Section 25199.7(h) of the California Health & Safety Code.)
(g) Public Hearings.
Public hearings on "Hazardous Waste Facility" conditional use permits
shall be conducted pursuant to Section 9-2.313 of the Land Use Code. i
(h) Project Criteria.
Prior to approving a conditional use permit for a hazardous waste
facility, the Planning Commission must find that the following criteria have been met.
The Commission's findings must be contained in the approving resolution:
(1) The project will be consistent with the General Plan including in
particular, the policies of the Land Use, Circulation, and Public Safety Elements.
(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. The City may impose conditions of approval limiting the capacity of
facilities to that level commensurate with the amount of hazardous waste generated by
activities and businesses within the City's limits.
(5) The project will comply with the Facility Siting Standards
established by subsection (i).
(i) Facility Siting Standards.
The following siting criteria have been established for the design of
hazardous waste facilities and by the City in evaluating proposed sites and facility
projects.
(1) Public Health:
(i) Health & Safety Assessment. All 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. Potentially significant health or safety risks must be eliminated or
mitigated to the satisfaction of the local permitting agency and the California
Department of Health Services.
(ii) Distance from Populations. Treatment, Recycling and
Collection Facilities shall comply with local minimum zoning code setbacks, unless a
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greater buffer distance from other uses is deemed necessary by the Health and Safety
Assessment. Residuals Repositories shall provide a minimum buffer distance of 2,000
feet from residences and other sensitive land uses. The size of the buffer zone may be
increased based on the required Health and Safety Assessment.
(2) Structural Stability:
(i) Floodplain: All facilities must be situated outside the limits
of the 100 year floodplain (FHA).
(ii) Earthquakes: All Facilities must have a minimum 1,000 foot
setback from active earthquake faults, per the California Administrative Code (CAC),
Title 22, Sections 6391(a)(I OA(1) and 6391(a)(11)A(2).
(iii) Unstable Soils: All 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.
(3) Water Quality:
(i) Containment and Groundwater Monitoring: All 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 and spill control and recovery capability. Groundwater monitoring wells
must be located around each facility to determine background zone and groundwater
quality, and to detect leaks and spills from the facility.
(il) Water Quality: Facilities shall locate so that domestic water
supply wells cannot be adversely affected from unauthorized releases of contaminants.
Facilities shall not locate within well head protection zones as identified by EPA
guidelines or municipal water supply agencies and local water districts. Facilities shall
not impact the quality of surface waters (lakes, rivers, streams, creeks, etc.) or ground
water resources which have been identified for beneficial uses by the Regional Water
Quality Control Board Basin Plan (State Water Resources Control Board Policy
Resolution 88-63).
Treatment, recycling and collection facilities should locate
outside of principal recharge areas to regional aquifers as defined in local or State
plans. 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,
and (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 are prohibited from locating in
principal recharge areas to regional aquifers as defined in local or State plans.
Repositories are prohibited in areas of high permeability per the requirements of the
State Water Quality Control Board and California Code of Regulations, Title 23,
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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 to
ensure that hazardous materials will always to above the tension -saturated zone.
(iii) Wastewater: All facilities generating wastewaters must locate
in areas with adequate industrial sewer capacity. The quality of wastewater must meet
all federal, State and local sewer agency discharge requirements and the facility must
obtain a valid industrial wastewater discharge permit.
(4) Air Quality: All facilities are prohibited in Class I areas as
identified by 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 (SCAQMD).
(5) Environmentally Sensitive Areas:
(i) Wetlands. All 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.
(ii) Animal and Plan Habitats. All facilities are prohibited from
locating within 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.
(iii) Recreational, Cultural and Aesthetic Resources. Collection
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, or visitors in these areas.
Treatment and Recycling Facilities and Residuals
Repositories are prohibited from locating in protected recreational, cultural and
aesthetic resource areas, as defined by local, regional, State or national plans or policies.
(6) Transport of Hazardous Waste:
(i) Proximity to Waste Generation Areas. All facilities should
locate as close as possible to sources of hazardous waste generation (generally industrial
areas) to minimize the risks of transportation.
(ii) Proximity and Access to Major Routes. Facilities shall locate
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.
(7) General Plan Consistency: All facilities must be situated within
areas designated 114.0, Industrial Park" and "4.1, Quasi -Industrial" by the General Plan's
Land Use Element. Facilities must also be consistent with the Orange County Hazardous
Waste Management Plan.
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(j) Special Development Requirements. 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 Section and the General Plan and to protect the health,
safety and general welfare of the community.
(1) Safety and Security:
(i) 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.
(ii) A visual and security barrier shall be constructed which
completely surrounds the facility.
(iii) All gates or other entrances into the facility shall be
provided with signs which State "Danger - Hazardous Waste Area - Unauthorized
Personnel Keep Out". Signs shall be posted at each entrance to the facility, and at other
locations deemed necessary. The signs shall be written in English and Spanish.
(2) Emergency Operations Plan:
(i) The hazardous waste facility is required to have an
emergency operations 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 implemented immediately whenever a fire, explosion,
or unplanned release occurs.
(ii) The Emergency Operations Plan shall include:
(aa) The responsibilities of employees in response to a fire,
explosion or unplanned release of hazardous waste.
(ab) Role responsibility local emergency response officials
(subject to their approval).
(ac) 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 give, 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.
(ad) A listing of all emergency equipment at the facility,
including its location and an outline of it capabilities.
(ae) An evacuation plan for employees where evacuation
may be necessary, including signals used to begin evacuation, primary evacuation routes
and alternate routes.
(iii) Emergency coordinator responsibilities shall be identified in
the emergency operations plan to include, at minimum, the following:
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(aa) In event of an emergency (imminent or natural), the
emergency coordinator shall immediately activate facility alarms to notify employees
and shall contact appropriate State or local emergency response agencies.
(ab) 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.
(ac) 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 notify local officials
and also notify the State Office of Emergency Services by phone providing the following
information:
(ba) Name and telephone of person reporting.
(bb) Name and address of facility.
(bc) Time and type of incident.
(bd) Type and quantity of material (s) involved.
(be) Extent of injuries if any.
(bf) Potential hazard outside facility.
(ad) 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:
(ba) Ceasing operations.
(bb) Collecting and containing released waste.
(bc) Removing or isolating containers.
(ae) In the event the facility is closed, the emergency
coordinator shall monitor the site.
(af) Following 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.
(iv) Owner/Operator responsibilities shall be identified in the
emergency operations plan to include, at minimum, the following:
(aa) 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.
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(ab) Record the time, date and details of any incident which
required implementing the emergency operations plan.
(ac) Within 15 days of resuming operations following an
emergency incident, submit a written report on the incident to the State Department of
Health Services including all information required by the Department.
(ad) The emergency operations plan shall be reviewed
annually and amended as necessary.
(3) Public Agency Monitoring.
(i) Upon reasonable notice, the City or their designated
representatives 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.
(ii) The operator of 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.
(iii) All structures shall remain accessible for inspection
purposes.
(4) Closure Plan. The applicant for a hazardous waste management
facility shall submit a closure plan and cost estimate for closure. The plan shall identify
steps necessary to completely 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:
(i) A description of how and when the facility will be finally
closed. The description shall identify the maximum extent of the operation which will be
open during the life of the facility.
(ii) An estimate of the maximum inventory of wastes in storage
and in treatment at any time during the life of the facility.
(iii) A description of the steps needed to decontaminate facility
equipment during closure.
(iv) 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 will allow
tracking of the progress of closure.
(v) The plan shall indicate financial arrangements (irrevocable
trust or other form of security arrangement) for the purpose of providing funds for the
closure of the site and long-term post closure monitoring maintenance.
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(5) Financial Responsibility. The owner/operator shall show prove of
liability insurance as follows:
(i) The types, amounts, periods of coverage, and provisions from
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 errors and omissions 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. Certificates of Insurance must be submitted to the City annually.
(ii) Applicant shall provide surety in an amount and form to be
determined by the City for the purpose of assuring adequate closure of the site. An
Irrevocable Trust will be established to provide funds for closure of the site and its long-
term postclosure 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 processed or percentage of gross income. The terms of
the Trust would be agreed upon by the project owner/operator and the City. The terms
will be reviewed annually to determine the adequacy of the amount of trust funds with
respect to the anticipated closure monitoring and maintenance costs.
(iii) 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.
(6) Effect of the Conditional Use Permit. A conditional use permit for
a hazardous waste facility shall be granted for only those substances 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 which shall satisfy the same procedures and
contents as those required in the initial application.
(k) Definitions. Unless otherwise Stated, the following definitions pertain to
this Ordinance:
(1) "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 25199.1(1).
(2) "General Fund" means the State of California General Fund.
(3) "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 decisions 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, based solely on the ground that the conditions imposed do not adequately
protect the public health, safety or welfare. The Governor's Appeal Board's membership,
purpose and procedures are defined by State Health and Safety Code Sections 25199.9
through .14.
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(4) "Hazardous Waste" means a waste, or combination of wastes, which
because of this quality, concentration, toxicity, corrosiveness, mutagenicity or
flammability, or physical, chemical, or infectious characteristics may: 1) cause, or
significantly contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible illness; or 2) pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
(5) "Health and Safety Assessment" means a technical and
environmental evaluation of a proposed facility, site, and surrounding area prior to
approval of a conditional use permit. The assessment will consider the qualities and the
physical and chemical characteristics of the specific types of waste that would be
handled. The assessment will include a hydraulic evaluation as well as risks due to
flooding, earthquakes and potential water or air pollution. It is not intended that the
Health and Safety Assessment duplicate information developed for environmental impact
reports or risk assessments required under local, State or federal regulations.
(6) "Immobile Populations" means schools, hospitals, convalescent
homes, prisons, facilities for the mentally ill, and other similar facilities.
(7) "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.
(8) "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.
(9) "Off -Site Hazardous Waste Facility" means a hazardous waste
facility including 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, and/or recycling of hazardous
waste including but not limited to:
(i) Incineration facility;
(ii) Residual repository (hazardous waste only);
(iii) Stabilization/solidification facilities;
(iv) Chemical oxidation facilities;
(v) Neutralization/precipitation facilities; or
(vi) Transfer/storage facilities.
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(10) "Office of Permit Assistance (OPA)" means the State of California
Office of Permit Assistance.
(11) "Office of Planning and Research (OPR)" means the State of
California Office of Planning and Research.
(12) "Residuals Repository" means a waste disposal facility specifically
restricted to receiving ony residuals from hazardous waste treatment facilities.
(13) "Specified Hazardous Waste Facility" means an off-site facility
project proposal.
(1) Severability. In the event that any one or more of the sentences,
clauses, paragraphs, or subsections contained in this Ordinance shall be declared invalid
or unenforceable by a valid judgement or decree of a court of competent jurisdiction,
such invalidity shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Ordinance which are hereby declared as severable.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be
published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, A�— ------ ' "
ATTEST:
CITY CLERK
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393.
4401
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 731 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on May 18th , 1993, and adopted at
a meeting held on June 15th , 1993, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, IT CLERK
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