Chapter 3-35
OFF-SITE HAZARDOUS WASTE MANAGEMENT FACILITIES

Sections:

3-35-010    Purpose and intent.

3-35-020    Applicability.

3-35-030    Definitions.

3-35-040    Procedure.

3-35-050    Application requirements.

3-35-060    Environmental review.

3-35-070    Facility siting criteria and permitting requirements.

3-35-080    Special development requirements.

3-35-090    Local assessment committee (LAC).

3-35-100    Findings.

3-35-110    Appeal.

3-35-120    Time limits.

3-35-010 Purpose and intent.

The purpose of this section is to establish uniform standards, land use regulations and a permit process for controlling the location, design, maintenance and safety of specified off-site hazardous waste facilities. This code incorporates general policies regarding hazardous waste management pursuant to Health and Safety Code Sections 25199.7 et seq. and the Alameda County Hazardous Waste Management Plan, November 1995. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.010)

3-35-020 Applicability.

A. The specific requirements of this code are applicable to the siting and development of off-site hazardous waste treatment, storage, and transfer facilities as defined in LPZC 3-35-030, Definitions.

B. The off-site facility definition does not apply to: (1) transportable treatment units (TTUs) which are designed to be moved either intact or in modules and which are intended to be operated at a given location for a limited period of time, or (2) permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste.

C. All such facilities (i.e., off-site, on-site and TTUs) shall require state licensing for their installation and operation.

D. A major 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 therefor which shall satisfy the same procedures and contents as those required in an initial application. (Ord. 1633 § 2, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.020)

3-35-030 Definitions.

A. “Off-site hazardous waste facility” means a facility, as defined in California Health and Safety Code Section 25117.1, that accepts hazardous wastes that are generated at another location (off-site) and serves more than one producer of hazardous waste.

B. “Small-scale transfer and storage facility” means off-site facilities with waste streams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of five gallons or a total weight of 50 pounds. Household hazardous waste facilities are considered small-scale transfer and storage facilities.

C. “Industrial transfer/storage/treatment facility” means any off-site hazardous waste management facility which is not a small-scale transfer and storage facility or a residuals repository (as defined in the Alameda County Hazardous Waste Management Plan). This facility category includes, but is not limited to, manifested waste transfer stations, recycling facilities, aqueous treatment facilities, stabilization and solidification facilities, and bioremediation. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.030)

3-35-040 Procedure.

For the purpose of identifying the steps for processing a major conditional use permit application for a specified off-site hazardous waste facility, the project proponent, state and city shall follow the procedures set forth in the Health and Safety Code Section 25199.7. (Ord. 1633 § 3, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.040)

3-35-050 Application requirements.

The information required for a major conditional use permit application for an off-site hazardous waste facility shall be determined by the community development department. (Ord. 1633 § 4, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.050)

3-35-060 Environmental review.

The project shall be subject to environmental analysis according to the city’s environmental guidelines, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 – 21177; 15000 – 15387). (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.060)

3-35-070 Facility siting criteria and permitting requirements.

The following siting criteria have been established for use by hazardous waste facility project proponents in locating and designing suitable facility sites and appropriate facilities, and by the city in evaluating proposed sites and facility projects. The purpose of the criteria is to reduce public health and environmental risks associated with development of hazardous waste facilities, consistent with the Alameda County Hazardous Waste Management Plan.

City of Livermore General Siting Criteria

Department of Health Services Definition

Small-Scale Transfer and Storage Facility

Industrial Transfer/Storage/Treatment Facility

A. Seismic

Exclusionary

Exclusionary

No facilities shall be placed within 200 feet of an active or recently active fault. CCR Title 22, Section 66391(a)(f11)A(1) and (2).

B. Floodplains

Conditional

Conditional

100-year floodplains and areas subject to flooding by dam or levee failure and tsunamis, seiches and coastal flooding.

May be built in areas subject to 100-year flooding if protected by engineered solutions designed to preclude failure, such as berms, raising above flood levels, etc.

C. Wetlands

Exclusionary

Exclusionary

Saltwater, freshwater, and brackish marshes, swamps and bogs inundated by surface or groundwater with a frequency to support a prevalence of vegetative or aquatic life which requires saturated soil conditions for growth and reproduction, as defined in adopted state or regional policies.

No facilities shall be located in wetlands.

D. Habitat of Endangered Species

Exclusionary

Exclusionary

Plant and animal rare, endangered and critical habitat areas.

No facilities shall be located within critical habitats of endangered species, defined as areas known to be inhabited permanently or seasonally or known to be critical at any stage in the life cycle of any species of wildlife or vegetation identified or being considered for identification as “endangered” or “threatened” by the U.S. Department of the Interior or the state of California.

E. Unstable Soils

Conditional

Conditional

Steep slopes and areas subject to liquefaction and subsidence due to natural causes.

Facilities located in these areas should have engineered design features (i.e., containment structures) to assure structural stability.

F. Major Aquifer Recharge Areas

Conditional

Conditional

Areas known or suspected to be supplying principal recharge to a regional aquifer, as defined in adopted general, regional, or state plans.

If located in these areas, facilities should provide properly designed, constructed, and maintained engineering spill containment features, inspection and monitoring measures and other environmental protection controls to prevent runoff from the facility.

G. Distance from Residences

Conditional

Conditional

Residences

The city of Livermore currently has a county household hazardous waste collection facility. No additional facilities of this nature are anticipated.

Small-scale facilities for commercial/industrial generators are more appropriately located away from residences and in a central location to serve all such generators. Small-scale facilities shall provide a minimum buffer zone of 500 feet between the nearest legal residence in an industrial/commercial area or residential designated property and the facility site.

Treatment, storage, or transfer facilities handling ignitible, explosive, reactive or acutely hazardous wastes must provide a minimum buffer zone of at least 2,000 feet between the nearest legal residence in an industrial/commercial area and residential designated property and the facility site, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the public in the event of an accident. For other facilities, including recycling, transfer, or storage of other types of hazardous wastes, a buffer zone of at least 500 feet is required between the facility site and the nearest legal residence in an industrial/commercial area and residential designated property (again, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the public in the event of an accident).

H. Distance from Immobile Populations

Conditional

Conditional

Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, day care centers, homeless shelters, etc.

The city of Livermore currently has a household hazardous waste collection facility. No additional facilities of this nature are anticipated. Small-scale facilities for commercial/industrial generators are more appropriately located away from residences and in a central location to serve all such generators.

Small-scale facilities for commercial/industrial generators are more appropriately located away from immobile populations and in a central location to serve all such generators. Small-scale facilities shall provide a minimum buffer zone of 500 feet between the nearest site with an immobile population and the facility site.

Larger buffer zones are required between a transfer station, storage, or treatment facility and any immobile populations where evacuation in the event of an accident at the facility is likely to be difficult or inadvisable. This is especially true for facilities handling ignitible, explosive, or reactive wastes. A minimum buffer zone of 5,000 feet between a facility site and any site with an immobile population is therefore required, unless the developer can demonstrate by risk assessment and as part of the local permitting process that a smaller buffer zone provides adequate protection for the immobile population.

I. Proximity to Major Transportation Routes

Conditional

Conditional

Should be located so as to minimize distances to major transportation routes which are designed to accommodate heavy vehicles.

All Facilities: Road networks leading to major transportation routes should not pass through residential neighborhoods, should minimize residential frontages in other areas, and should be safe with regard to road design and construction, accident rates, excessive traffic, etc.

J. Permeable Strata and Soils

Conditional

Conditional

Permeability requirements are defined in CCR Title 23, Chapter 15.

Facilities should avoid locating on highly permeable soils or sediment. Facilities located in areas where surficial soils are principally permeable materials such as sand and gravel should provide for spill containment and monitoring measures.

K. Nonattainment Air Areas

Conditional

Conditional

Areas not in compliance with national air quality standards for one or more measured air pollutants.

All facilities must comply with requirements of the Bay Area Quality Management District.

L. PSD Air Areas

Conditional

Conditional

Prevention of significant deterioration areas are those in compliance with national air quality standards.

All facilities must comply with the permitting requirement of the Bay Area Quality Management District.

M. Prime Agricultural Lands

Conditional

Conditional

Areas designated as prime agricultural lands in the applicable general, regional or state plan.

Prime agricultural lands under California law may not be used for urban purpose unless an overriding public need is demonstrated by the applicant.

When siting hazardous waste management facilities in these areas, overriding public service needs must be demonstrated by the applicant.

N. Depth to Groundwater

Conditional

Conditional

Facilities may be located in high groundwater areas if the engineered design of the containment structure is capable of withstanding failure because of geologic or soil failure which may arise.

O. Proximity to Public Services

Conditional

Conditional

Public utilities (sewer, water, etc.) and emergency services, including fire, police, medical and hazardous materials response personnel/facilities/equipment. Other public facilities such as corporation yards, roads, large open spaces on military reservations, and state school lands in remote areas.

For transfer and storage facilities, self-sufficient services may be appropriate, where these facilities are necessary to serve remote rural areas. In urban areas, public services should be available. For other facilities, public water and sewer services and emergency services should be readily available.

Potential adverse impacts which could occur because of proximity to public facilities shall be determined as part of the risk assessment conducted in the permitting process. This should consider the physical and chemical characteristics of the wastes that will be handled and the design features of the facility. Proximity to other public facilities such as corporation yards, utilities, roads, large open spaces on military reservations, and state school lands in remote areas may be acceptable.

P. Proximity to Waste Generation Stream

Conditional

Conditional

Transportation of hazardous waste should be minimized to decrease risk of accidental spills.

Collection centers should be close to small quantity generator areas to encourage their use.

TSDFs should be located close to waste generation source to minimize the risks of transportation.

Q. Appropriate Zoning

Conditional

Conditional

Specified by the appropriate jurisdiction. All jurisdictions should have some type of zoning which will allow siting of different types of hazardous waste management facilities.

Small-scale transfer and storage facilities are a conditional use in the I-3 (Heavy Industrial) zoning district.

Industrial transfer/storage/treatments facilities are a conditional use in the I-3 (Heavy Industrial) zoning district.

R. Recreational, Cultural or Aesthetic Areas

Conditional

Exclusionary

Historic preservation, Indian reservations, and other cultural and scenic areas, as defined in locally adopted general plans.

Low-volume transfer and storage facilities may be allowed in these areas if necessary to handle hazardous wastes generated by visitors, workers, or residents in these areas. The city of Livermore currently has a household hazardous waste collection facility. No additional facilities of this nature are anticipated. Small-scale facilities for commercial/industrial generators are more appropriately located away from parks and recreation areas and in a central location to serve all such generators. Small-scale facilities shall provide a minimum buffer zone of 500 feet between the nearest recreational, cultural or aesthetic area as designated by local ordinances and/or general plan and the facility site.

Other facilities should not be allowed in these areas.

S. Mineral Resources Areas

Conditional

Conditional

Defined as Sand and Gravel in Alameda County General Plan.

No facilities should be sited so as to preclude extraction of minerals necessary to sustain the economy of the state.

T. Military Lands

Exclusionary

Exclusionary

It is the policy of the Department of Defense (DOD) that military land shall not be considered for siting of public hazardous waste management facilities. This policy is considered nonnegotiable by DOD.

U. Other State, Federal and Indian Lands

Conditional

Conditional

The criteria listed above are suitable for use in determining the suitability of lands within these areas for siting of hazardous waste management facilities.

Additional City of Livermore Criteria

Small-Scale Transfer and Storage Facility

Industrial Transfer/Storage/Treatment Facility

Airport Zones

Exclusionary

Exclusionary

No facility may be located within an FAA approach zone, air installation compatible use zone, or safety zone as described in the Alameda County Airport Land Use Policy Plan, generally defined as the area immediately surrounding a public or military airport, including the immediate approach and take-off paths.

(Ord. 1483 § 1, 1996; Ord. 442 § 21.62.070)

3-35-080 Special development requirements.

Additional development requirements will be required to ensure public health, safety and welfare including, but not limited to, safety and security, contingency plans, monitoring, closure plans, and financial responsibility. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.080)

3-35-090 Local assessment committee (LAC).

The city council shall appoint a seven-member local assessment committee (LAC) in accordance with Health and Safety Code Section 25199.7. The city council has discretion to appoint additional members as they deem appropriate. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.090)

3-35-100 Findings.

In order for the city council to approve a major conditional use permit for a hazardous waste facility, the council shall find that:

A. The project is consistent with the city’s general plan and zoning code.

B. The project is not detrimental to the public health, safety or general welfare of the community.

C. The project site is or will be adequately served by roads and other public or private service facilities.

D. The project is consistent with the regional fair share facility needs assessment and siting policies established in the Alameda County Hazardous Waste Management Plan.

E. The project complies with the facility siting criteria per LPZC 3-35-070. (Ord. 1633 § 5, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.100)

3-35-110 Appeal.

In addition to the appeals process set forth in Chapter 5-15 LPZC, an applicant or interested person may file an appeal of the decision made by the city council to the governor’s appeal board pursuant to Health and Safety Code Sections 25199.9 through 25199.14. (Ord. 1483 § 1, 1996; Ord. 442 § 21.62.110)

3-35-120 Time limits.

A major conditional use permit granted for an off-site hazardous waste facility shall be exercised within two years from the effective date thereof. The city council may grant one extension up to one year. Otherwise, the permit shall be null and void. The term “exercised” shall mean the beginning of substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion. (Ord. 1633 § 6, 2001; Ord. 1483 § 1, 1996; Ord. 442 § 21.62.120)