Chapter 17.96
HAZARDOUS WASTE FACILITIES

17.96.010 Intent and Purpose

The purpose of this Chapter is to establish a uniform conditional use permit application and review process for hazardous waste facilities consistent with the Los Angeles County Hazardous Waste Management Plan and to ensure protection of the health, safety, welfare, quality of life, and the environment of the residents of Palmdale.

17.96.020 Definitions

For the purposes of this Chapter, the following words and phrases are defined as follows. Any word, phrase or term which is not defined in this Chapter but which is defined in Chapter 17.16 PMC shall mean the same as the definition contained in Chapter 17.16 PMC.

Acutely Hazardous Waste. Any hazardous waste classified as acutely hazardous by the State Department of Health Services as based on California State Health and Safety Code Section 25110.02.

Applicant. The individual or entity submitting an application for a hazardous waste facility to the City.

City. The area contained within the City’s boundaries at the time an application is deemed complete.

City Council. The City Council of the City of Palmdale.

Consultant. An individual or an entity, or any individual employed by that entity, selected by the City to assist in the facility application review process.

Department. The Planning Department of the City of Palmdale.

Director. The Director of the Planning Department for the City of Palmdale.

Extremely Hazardous Waste. Any hazardous waste, or combination of wastes, that upon human exposure, poses a substantial risk of death, disabling personal injury or serious illness, as defined in California State Health and Safety Code Section 25115.

Facility. A hazardous waste facility, including all contiguous land and structures used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste as defined in California State Health and Safety Code Section 25117.1.

Facility Agreement. A binding legal document serving as an attachment to the conditional use permit approved for a facility, which may be attached as a condition to the conditional use permit, and which includes the terms, provisions, and conditions necessary to protect the public health, safety and welfare, to protect the environment of the City, and to provide special benefits and remuneration to the City for the local costs associated with the operation of a facility.

Hazardous Material. Any material that, because of its quantity, concentration, or physical or chemical characteristics poses a significant hazard to human health and safety or to the environment if released into the work place or the environment, as defined in California State Health and Safety Code Section 25501(j).

Hazardous Waste. A waste or combination of wastes that poses a threat to human health or to the environment, as defined in California State Health and Safety Code Section 25117, or that is defined as a hazardous waste on the basis of criteria and guidelines developed pursuant to California State Health and Safety Code Section 25141.

Hazardous Waste Facility. An on-site or off-site hazardous waste facility as defined in California State Health and Safety Code Section 25117.1.

Immobile Populations. Persons who cannot or should not be moved. Centers of immobile populations include, but are not limited to, schools, hospitals, convalescent homes, prisons, and facilities for the mentally ill.

Incineration Facility. A facility that uses thermal combustion processes to destroy or alter the character or composition of hazardous waste.

Infectious Hazardous Waste. Any of the wastes listed in California State Health and Safety Code Section 25117.5.

Land Disposal Facility. A facility that involves any placement of hazardous waste in or on the land, as defined in California State Health and Safety Code Section 25179.3(h).

Land Use Application. An application filed with the Director for a land use decision concerning a hazardous waste facility project.

Land Use Decision. A discretionary decision of the City Council, as defined in California State Health and Safety Code Section 25199.1(e).

Local Assessment Committee. A seven member public body appointed by the City Council to represent the interests of the community in the hazardous waste facility review process, as defined in California State Health and Safety Code Section 25199.7.

Off-site Facility. A facility which provides treatment, storage or disposal service to producers of hazardous waste other than those located at the site of the off-site facility, as defined in California State Health and Safety Code Section 25199.1(m). Generally, any facility which serves more than one producer of hazardous waste is an off-site facility.

On-site Facility. A facility which is located on the site of a producer of hazardous waste and that is used only by that producer, as defined in California State Health and Safety Code Section 25117.12.

One Hundred (100) Year Flood Prone Areas. Areas which are prone to inundation by floods having a 100-year return period, and by flash floods and debris flows resulting from major storm events, including areas subject to flooding by dam or levee failure or by natural causes.

Processed. Any activity which alters the chemical or physical properties, or composition of a hazardous waste or material.

Recycling Facility. A facility that reclaims hazardous wastes for reuse.

Residual Repository. A land disposal facility that accepts only the solid residues resulting from the treatment of hazardous wastes in accordance with standards established pursuant to California State Health and Safety Code Section 25179.6, or that accepts hazardous organic waste that is stabilized, solidified or encapsulated.

Storage Facility. A facility which may legally store hazardous waste for specified time periods, as defined in California State Health and Safety Code Section 25123.3(a), (b) and (d).

Thirty (30) Year Post-Closure Period. The thirty year period, starting with the certification of the closure of the hazardous waste facility by the appropriate state and federal regulatory agencies, during which the facility owner must continue to maintain and monitor the hazardous waste facility site in compliance with the post-closure plan required by California State Health and Safety Code Section 25246.

Transfer Station. An off-site facility designed for the handling and storage of hazardous waste in order to facilitate transportation of the waste, as defined in California State Health and Safety Code Section 25123.3(c).

Treatment Facility. A hazardous waste facility that uses processes designed to alter the physical, chemical or biological character or composition of a hazardous waste, as set forth in California State Health and Safety Code Section 25123.5, except that the definition used in this Ordinance excludes thermal treatment combustion processes.

17.96.030 Conditional Use Permit Requirements

A.    No residual repository shall be permitted in the City. All other new facilities or expansions to existing facilities are to be considered discretionary land uses and will require a Conditional Use Permit pursuant to the requirements of this Chapter and Chapter 17.22 PMC. The Planning Commission shall act to recommend approval or denial to the City Council, who shall act to approve or deny the Conditional Use Permit.

B.    Off-site facilities shall be located in areas designated on the General Plan land use map for medium or heavy industrial use, except that transfer stations may be located in areas designated for light industrial use if all the findings set forth below are met:

1.    The proposed facility shall not be in substantial conflict with the City’s General Plan.

2.    The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed facility shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings or structures.

3.    The site for a proposed facility shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Ordinance, or as required by the Planning Commission, City Council or Local Assessment Committee as a condition in order to integrate said use with the uses in the neighborhood.

4.    The site for a proposed facility shall be served by highways or streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate, and to assure the safe transport of hazardous waste to the proposed facility.

17.96.040 Application of the California Environmental Quality Act (CEQA)

All applications for off-site facilities shall follow the procedures set forth in Public Resources Code Section 21000-21177. In addition, all applications shall comply with the following provisions:

A.    Except as otherwise noted, all facilities regulated under this Chapter are “projects” subject to the provisions of State law including, but not limited to, the California Environmental Quality Act, the State CEQA guidelines and the City’s CEQA guidelines.

B.    Review of facility applications will in general require development of an environmental impact report (EIR) unless the Director determines otherwise, by finding that the proposed facility meets all of the conditions set forth in PMC 17.96.040(C)(1) through (3), below. Any proposed incineration facility will require development of an EIR. Health risk and environmental risk assessments must be conducted for any proposed off-site facility, and on-site incinerator facility, to the satisfaction of the Planning Director, Local Assessment Committee, Planning Commission and City Council, as based on well-defined and credible assumptions detailing the results of a “worst-case” scenario with regard to actual and potential threat to public health and safety and the environment.

C.    A negative declaration may be prepared for an on-site facility which does not include an incinerator, or for an off-site transfer station facility if the Director determines:

1.    The facility is sized to serve only the needs of local waste producers; and

2.    The facility will not accept acutely hazardous wastes, extremely hazardous wastes, infectious hazardous wastes, or wastes containing the constituents listed in the list of extremely hazardous substances prepared by the federal Environmental Protection Agency based on the requirements of Section 313 of the Superfund Amendments and Reauthorization Act of 1986; and

3.    The Director finds that the initial environmental study conducted pursuant to CEQA demonstrates that there is no potential significant impact to the environment, or to the public health and safety.

4.    The City shall be the lead agency for the review of all facility applications regulated by this Ordinance;

D.    An initial study shall be required for all hazardous waste facility applications.

E.    The Director may hire additional consultants to review the draft EIR and risk assessments, or any special studies, and the responses to public comments on these documents, and the proposed CEQA mitigation measures required by CEQA. The applicant shall reimburse the City for all such costs.

F.    All consultants will be selected by the City. The applicant will in no way be involved in the preparation of environmental documentation for the proposed facility, except to provide funding and any necessary data, and to provide public comments on the draft, as it chooses.

17.96.050 Applications

All applications for land use decisions will be filed with the Director accompanied by the appropriate fees.

17.96.060 Fees

The applicant will pay all costs related to City processing and review of the facility application, the preparation, review and administration of all documentation and programs prepared pursuant to the California Environmental Quality Act (CEQA), and all activities of the local assessment committee related to the facility application review and processing. All fees are payable to the Department, and are established by the Palmdale Fee Resolution. The applicant is responsible for any other fees not specifically identified in this Chapter or the Palmdale Fee Resolution which are necessary and associated with the review and processing of a facility application, as determined by the Director.

A.    The applicant shall pay in advance the complete estimated cost of processing the facility application.

B.    The applicant shall in addition provide in advance a minimum of thirty (30) percent of the EIR preparation costs to the City to defray the City’s cost of providing an independent review by City staff of the EIR or the environmental documents.

C.    In accordance with the Palmdale fee resolution and at the request of the City, the applicant shall supplement, as necessary, the accounts established for the review and processing of a proposed hazardous waste facility, in order to ensure the City’s recovery of all costs and staff time associated with reviewing and processing the application.

D.    The fees specified in the Palmdale Fee Resolution and in PMC 17.96.060 are non-refundable unless the application is withdrawn by the applicant. In this case, up to 80 percent of the total fees paid may be refunded if no work has been performed in the review and processing of the application. In the event that such work has commenced by the City, the amount of the refund shall be further reduced by an amount equal to the proportion of work completed.

17.96.070 Local Assessment Committee

A local assessment committee (LAC) will be formed for all proposed off-site facilities, and with the exceptions noted below, for all proposed on-site facilities. The role of the LAC is to review the application and the environmental documentation, to solicit public comments on the proposed facility application, and to recommend conditions to be attached to the conditional use permit. The conditions shall be written so as to compensate and mitigate the impacts that will be imposed by the facility on the community. Policies and procedures for establishing and administering the LAC are generally defined in Section 25199.7 of California State Health and Safety Code and are hereby incorporated by reference. In addition, the following provisions shall also govern this process:

A.    At the discretion of the City Council, and upon the recommendation of the Director, an LAC need not be formed for a proposed on-site storage or recycling facility which does not include an incinerator, or for any on-site facility for which an environmental impact report is not required.

B.    The LAC will provide comments to the Planning Commission and City Council on the initial study, the draft EIR, the health and environmental risk assessment, and any other necessary special studies required as a part of the facility application or associated environmental review.

C.    The LAC will hold public meetings in accordance with the provisions of the Ralph M. Brown Act with sufficient frequency to keep the public informed of the progress of LAC review and to solicit public comments on the proposed facility.

D.    The LAC may recommend to the City Council that a separate body act as a “standing committee” during the facility’s operational life and closure period to promote ongoing communication between the applicant and the community, and to monitor the adherence of the applicant to its requirements.

17.96.080 Facility Agreement

The facility agreement shall be a binding legal document serving as an attachment to the conditional use permit. The recommended conditions transmitted to the Planning Commission and the City Council by the LAC shall be comprised of a facility agreement documenting areas of both agreement and disagreement between the requests of the LAC and the responses of the applicant. In conducting the dialogue the LAC shall consider, at a minimum, all of the following as recommended conditions to the conditional use permit:

A.    Development of environmental data to determine air, water, noise, cultural resource, biological, public facilities, slope, geotechnical, hydrology, traffic, aesthetics, soil and any other relevant conditions prior to commencement of facility operations.

B.    Ongoing or periodic environmental monitoring requirements including air quality and groundwater, and real-time continuous emissions monitoring for all incinerators. These requirements may be more stringent than those required by responsible agency permits.

C.    Limitations on the use of access routes to and from the facility by vehicles containing hazardous waste.

D.    Immediate notification to the City of any release to the air, water or soil, from an on-site or off-site facility, that is not specifically provided for in one or more operating permits.

E.    Provisions by the applicant of reduced cost waste management services for local hazardous waste producers, and consideration of such services for household hazardous waste producers.

F.    Submittal of quarterly reports to the Department, and to the standing committee if one is formed, providing at a minimum, data on the types and volumes of wastes received and managed, an update of all interactions with local, state and federal permitting agencies and any releases as identified in subsection D of this Section.

G.    Provision for the automatic shutdown of the facility in the event of earthquakes in excess of specified ground accelerations, fires and floods, and resumption of facility operations only following an inspection of the facility by one or more independent agencies which includes the City.

H.    Provisions for encouraging and protecting facility employees and members of the community that raise concerns regarding safe operation of the facility.

I.    Provision for a periodic general review by the Planning Commission and/or City Council of the applicant’s compliance with the facility use permit and the facility agreement, with provisions for modifying the existing conditions or adding new conditions, as appropriate.

J.    Full reimbursement by the applicant of any ongoing or periodic costs incurred by the City in monitoring or enforcing the facility agreement.

K.    Payment of all CEQA mitigation monitoring costs. Such costs shall include, but are not limited to, preparation and administration of a mitigation monitoring program for the proposed hazardous waste facility. Such program shall include, at a minimum, identification of:

1.    All required mitigation measures for stated environmental impacts, including the performance and compliance criteria;

2.    Methods by which the needed reporting or monitoring to verify compliance will occur;

3.    The individual or entity that will be responsible for conducting the required monitoring; and

4.    A schedule for when the monitoring and reporting will occur.

L.    Full reimbursement of all extraordinary costs incurred by the City related to provision of emergency or non-emergency services to the facility.

M.    Payment to the City to mitigate or compensate for any other impacts associated with the facility.

N.    Periodic payment into a fund to be used to address any contamination problems that may arise after the thirty (30) year post-closure period.

O.    Provision for renegotiating the entire facility agreement and/or modifying specific provisions based on facility expansion or significant changes in facility operations, or introduction or discovery of new information not considered as a part of the original facility application.

P.    Provision for arbitration, including any associated costs, of any disputes that arise between the applicant and the City regarding the implementation of the facility agreement.

Q.    Provisions for ensuring that any future owners of the facility have the technical capability and experience and the financial resources, necessary to ensure the safe operation and closure of the facility, and have no serious violations of local, state or federal hazardous waste law as determined by City Council.

R.    If the applicant is the appealing party and if the state appeal board issues a final decisions reversing the City’s land use decision in accordance with California State Health and Safety Code Section 25199.14, then the City will return the payment to the applicant.

S.    Such other conditions as will make possible the development of the proposed facility in an orderly and efficient manner, and in general accord with all elements of the General Plan and the intent and purposes of this Ordinance and the City Zoning Ordinance.

17.96.090 Contents of Application

Every application for a facility pursuant to this Chapter shall be made in writing to the Director on the forms provided by the Department, and must be in sufficient detail to facilitate thorough review by the Department. All applications shall be accompanied by the appropriate filing fees. An application shall include, but is not limited to, the following information:

A.    Name and address of the applicant;

B.    Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

C.    A plot and development plan drawn in sufficient detail to clearly describe the following:

1.    Physical dimensions of the property and structures;

2.    Location of existing and proposed structures, including elevations;

3.    Setbacks and landscaping;

4.    Methods of circulation and parking;

5.    Drainage patterns;

6.    Ingress and egress;

7.    Storage and processing areas;

8.    Proposed utilization of property;

9.    The distance from the facility property line to the nearest adjacent structure, and a description and location of such structure;

10.    The distance to nearest residences, to properties designated in the General Plan for residential use, to proposed or presently zoned residential areas and to immobile populations;

11.    Proximity of the proposed facility to the one hundred (100) year flood prone areas;

12.    Proximity of the proposed facility to any known active or potentially active earthquake faults as defined by the California State Department of Mines and Geology;

13.    The relationship of the proposed facility to all surface water bodies, and all known underground aquifers beneath the facility or beneath the ground adjacent to the facility;

14.    Topographic description and plotting of the property and surrounding area on a topographic map;

15.    A preliminary geological study of the property and surrounding area including data on the permeability of the substrata;

16.    Existing and proposed utilities which service or will be required to service the facility; and

17.    A radius and vicinity map including the project boundary.

D.    A list of adjacent property owners and a map indicating their location relative to the proposed facility;

E.    An environmental assessment questionnaire;

F.    A land use map;

G.    A grading plan;

H.    A title report completed within six (6) months of the date of facility application submittal;

I.    A legal plot map;

J.    Identification of any other hazardous or solid waste facilities presently or in the past owned or operated by the applicant, with copies of all permits and a listing of regulatory and community contracts for each facility, with their affiliations and current phone numbers;

K.    Full disclosure of any past or present permit violations and any past or pending administrative, civil or criminal proceedings or litigation involving any facility in any location presently or in the past owned or operated by the applicant, or proposed for operation by the applicant;

L.    Disclosure of any past or present air, water, soil, or other property contamination that has resulted from any activity of the applicant, or that has occurred at any facility owned or operated by the applicant;

M.    Financial statements from the applicant including proposed means for financing development of the facility, and anticipated costs and revenues associated with operation of the facility;

N.    Detailed information regarding how the applicant will meet state pollution liability insurance requirements for sudden and non-sudden events, and state requirements for funding closure and post-closure costs;

O.    Identification of the amounts (in tons), sources and types of hazardous materials or wastes to be treated or stored at the proposed facility; the geographical location of the producers; the ultimate disposition of the wastes; and anticipated life of the facility. This information will be based on an actual survey of the industries to be served and be representative of the wastes that will be processed at the facility;

P.    Identification of the type(s) of processes that will be used at the facility. For any proposed facility other than storage or recycling, specification of whether any anticipated wastestreams meet the definition of “recyclable material” pursuant to California State Health and Safety Code Section 25120.5 or are listed by the state as recyclable wastes pursuant to California State Health and Safety Code Section 25175. If either of these conditions exist, an explanation of why these wastes should not be recycled shall be provided;

Q.    Identification of all waste water, treated and untreated, generated by the proposed facility, the method and place of final discharge, and a copy of the required state waste discharge permit pursuant to California State Water Code, Division 2, Chapter 4, Article 4, Section 13260, et seq., and national pollutant discharge elimination system (NPDES) permit applications, pursuant to 40 Code of Federal Regulations 122;

R.    A copy of the facility’s hazardous materials storage permit application and business plan, pursuant to Section 2.20.140 of the Los Angeles County Code and California State Health and Safety Code Section 25503;

S.    An analysis of visual, noise, and any olfactory impacts associated with the proposed facility and recommended mitigation measures;

T.    An analysis of all anticipated air quality impacts associated with the proposed facility, including the effect of wind patterns at the site, proposed mitigation measures to ensure no degradation of air quality in the area, and a copy of all required permits from the South Coast Air Quality Management District, or any other agency;

U.    Identification of any rare or endangered species of plant or animals within the proposed facility site and recommended impact mitigation measures;

V.    Identification of any cultural resources located on the proposed facility site, including archaeological, paleontological and historical resources, and proposed mitigation measures to ensure no significant impact to cultural resources occurs;

W.    The results of preliminary studies of the impact of the proposed facility on real property values and local employment patterns;

X.    A health and environmental risk assessment based on a worst case accident scenario resulting from an upset condition involving hazardous materials or wastes. If the proposed facility will include any hazardous materials or wastes listed on the United States Environmental Protection Agency’s list of extremely hazardous substances (as per Federal Register Volume 52, No. 77, page 13,397), a risk management prevention program pursuant to Chapter 6.95, Article II, Section 25531 of the California State Health and Safety Code shall also be submitted. Mitigation measures for all potentially significant impacts shall be recommended. The proposed scope, protocol and methodology of the risk assessments will be submitted to the Director for approval prior to the initiation of the risk assessments;

Y.    A health and environmental risk assessment which analyzes, in detail, all possibilities and probabilities of accidents or spills involving hazardous materials or wastes to be used at the site, transportation related accidents from the points of origin to the facility, and any other probabilities requested by either the Director, the Planning Commission or the City Council. The proposed scope, protocol and methodology of the risk assessments will be approved by the Director prior to starting the necessary work. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the transportation routes which will yield the least risk of accident and environmental impact resulting from trucks hauling hazardous wastes to the proposed facility;

Z.    A business plan pursuant to Chapter 6.95, Article I, Section 25500 of the California State Health and Safety Code shall be submitted which includes a plot plan of the proposed facility, an inventory of chemicals to be used and an emergency response plan. At a minimum, such emergency response plan shall be consistent with any and all applicable City, County, and regional emergency response plans and all City, County, State and Federal regulatory requirements regarding emergency response procedures;

AA.    A plan that identifies an ongoing monitoring program of air, soil, groundwater, and other environmental systems. This plan will include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the South Coast Air Quality Management District, the Regional Water Quality Control Board and the State Department of Health Services;

BB.    Documentation of how the proposed facility will serve the needs of local producers of hazardous waste, including household hazardous wastes;

CC.    All applications will contain a designation of at least two (2) reasonable alternative sites which will be reviewed pursuant to the California Environmental Quality Act.

DD.    An application for an off-site facility must include a detailed proposed public education and participation program to be employed during the local land use decision-making process and is subject to review and approval by the Director.

17.96.100 Determination of Completeness and Processing Off-Site and On-Site Hazardous Waste Facility Applications

All applications for off-site hazardous waste facilities shall follow the procedures detailed below in addition to those set forth in California State Health & Safety Code Section 25199 et seq. and Government Code Section 65920 et seq. All applications for on-site hazardous waste facilities shall follow the procedures detailed below in addition to those set forth in Government Code Section 65920 et seq.

A.    The Director has thirty (30) working days to make a determination that an application is complete for filing purposes.

B.    Within ninety (90) days after the application is deemed complete, the Planning Commission will hold a hearing on the application for an on-site hazardous waste facility.

C.    A public hearing on the proposed facility will be set for the Planning Commission when:

1.    The Director has determined that the application complies with all Zoning Ordinance requirements; and

2.    All procedures required by the City with regard to the California Environmental Quality Act have been met.

D.    Not later than one (1) month prior to a public hearing on the proposed facility, the applicant will 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 (2,000) foot radius of the boundary or land owned by the 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 applicant.

17.96.110 Determination of Consistency

At the request of the applicant the City Council will within sixty (60) calendar days after the application has been deemed complete, issue an initial written determination on whether a proposed off-site facility serving more than one producer of hazardous waste is consistent with the City General Plan, applicable zoning ordinances, and adheres to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s CEQA Guidelines.

A.    The determination will not prohibit the City from making a different determination when the final decision is made if such decision is based on information which was not considered when the initial determination was made.

B.    The application must be consistent with the policies and procedures of this Ordinance, the City’s ongoing hazardous waste management planning efforts and the Los Angeles Country Hazardous Waste Management Plan.

17.96.120 Standards and Locational Criteria

All proposed off-site and on-site hazardous waste facilities shall comply with the following provisions:

A.    Proposed off-site facilities shall comply with each of the siting criteria specified in Appendix 6A, Volume III of the Los Angeles County Hazardous Waste Management Plan.

B.    At the discretion of the Director, proposed on-site facility applications shall also be made subject to specific siting criteria contained in the Los Angeles County Hazardous Waste Management Plan referenced in PMC 17.96.120(A).

C.    In evaluating applications for both proposed off-site and on-site facilities, the following County criteria referenced in subsection A of this Section shall be given the greatest weight, along with protecting the public health, safety, welfare and the environment: proximity to populations, proximity to active or potentially active faults, groundwater supply wells and well fields, aquifer recharge areas, protection of cultural resources, proximity to habitats of threatened and endangered species, changes in real property values, preservation of air quality and all criteria related to ensuring the safe transportation of hazardous waste.

17.96.130 Safety and Security

A.    The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock, or wild animals onto any portion of the facility. At a minimum, signs with the legend “DANGER! HAZARDOUS WASTE AREA – UNAUTHORIZED PERSONNEL KEEP OUT,” will be posted at each entrance to the facility, and at a minimum, shall be posted on the outside of the required perimeter fence. Minimum spacing requirements for such signage shall be determined at the time of facility application review. The legend shall be written in English and Spanish, and shall be legible from a distance of at least twenty-five (25) feet.

B.    The operator will provide a 24-hour surveillance system which continuously monitors and controls entry onto the facility.

C.    Perimeter fencing will be constructed.

17.96.140 Monitoring

A.    For the purpose of ensuring compliance with all standards, conditions, and other requirements of an approved facility permit which the City is authorized to enforce, City officials or their designated representatives may at any time enter the premises for which a hazardous waste facility permit has been granted.

B.    The owner or operator of a facility will report quarterly to the Director the amount, type, and disposition of all wastes handled or processed by the facility. Included in the report shall be copies of all manifests produced within each quarter identifying the hazardous waste producers using the facility, and the types of hazardous wastes delivered to the facility, and include a map showing the exact location (coordinates and elevation) of quantities and types of wastes treated or stored at the facility.

C.    The owner or operator of a facility shall immediately send copies of all complaints related to facility operations and copies of all inspection reports and documentation of any other regulatory action including correspondence made by other local, state, or federal agencies to the Director within three (3) working days of receipt of such complaint, report, or other documentation.

17.96.150 General Conditions

A.    The City may impose, as necessary, conditions and standards other than those presented in this Chapter, in order to achieve the purposes of this Ordinance and to protect the health, safety, or general welfare of the community and the environment.

B.    Any modifications of the types and quantities of hazardous wastes to be managed at the proposed facility or significant modifications to the processes employed at the facility which were not considered in the original facility approval by the City, shall be presented to the Director in writing before such modifications commence at the facility. Proposed modifications may, at the discretion of the Director, result in modification or revision of the facility use permit, or may require a new facility use permit.

C.    Every facility shall have an emergency response contingency plan prepared pursuant to California Health and Safety Code Section 25503.5, and approved by the Los Angeles County Fire Department. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals, and the Los Angeles County Department of Environmental Health. Proof of such distribution shall be provided to the Department prior to the issuance of a Certificate of Occupancy.

D.    The applicant shall, prior to any City public hearing on a facility application, submit to the Department a written closure plan prepared pursuant to California Health and Safety Code Section 25246, and approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Department within three (3) working days of the approval of said revisions.

E.    Prior to the issuance of a Certificate of Occupancy, the applicant shall provide proof to the satisfaction of the Department that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or state agency.

F.    The applicant agrees to indemnify, defend, and hold harmless the City, the Planning Commission, the City Council, the LAC, and all officers, employees and agents of the City against and from all claims, actions, or liabilities relating to the land use decision or arising out of its implementation at the facility location.

17.96.160 Findings

A.    The following findings will be made in writing prior to the approval of a proposed facility:

1.    The proposed facility is consistent with the City’s General Plan and Zoning Ordinance, and with the Los Angeles County Hazardous Waste Management Plan.

2.    The proposed facility will not be detrimental to the health, safety, or general welfare of the community or to the environment. The Commission shall deny the requested conditional use permit where the findings indicate, and the City Council determines, that the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to permit the establishment of the proposed use will not prevent detriment or menace as indicated.

3.    The conditions recommended by the LAC, including those not agreed to by the applicant, were considered by the Planning Commission and City Council.

4.    The past and present activities of the applicant have not resulted in any serious regulatory violations or contamination problems.

5.    The proposed facility is or will be served by roads and all other necessary public and private service facilities and utilities. The circulation features serving the proposed facility are adequate in width and location, and are improved and located in such a manner as to provide for the safe transport of hazardous wastes to the proposed facility.

6.    The proposed facility has met or exceeded each requirement of this Ordinance.

7.    Health risk and environmental risk assessments have been conducted for the proposed off-site facility or proposed on-site facility as required by the Department based on well-defined and credible assumptions detailing the results of a “worst-case” scenario as well as all other possible or probable accidents or spills at the proposed facility, which address both the potential threat to public health, safety and the environment posed by the proposed facility.

8.    The nature, condition and development of adjacent uses, buildings and structures shall be considered, and no proposed facility shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings or structures.

9.    The site for a proposed facility shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Ordinance, or as required by the City Council as a condition in order to integrate said use with the uses in the neighborhood.

10.    All potentially significant environmental impacts identified in the Environmental Impact Report or Negative Declaration have been fully analyzed, and appropriate mitigation measures have been developed and applied where necessary, and incorporated into a mitigation monitoring program, pursuant to the California Environmental Quality Act of 1970, as amended.

17.96.170 Duration of Land Use Decision

A.    The duration of the land use decision will be determined at the time of approval and will not exceed ten (10) years. The applicant will commence substantial construction of the facility within two (2) years of the land use decision and such construction shall be pursued diligently to completion.

B.    Failure to comply with the conditions contained in the conditional use permit, to implement the required CEQA mitigation strategies or provisions of this Ordinance, or to abide by the provisions of the facility agreement will be considered grounds for permit review and revocation at the discretion of the City Council. Permit revocation will follow the procedures set out in the City Zoning Ordinance.