HomeMy WebLinkAboutOrd 17-96 CUP Process/M-1 & M-2ORDINANCE NO. 17 -96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN
AMENDING CHAPTER 2 OF TITLE 8. OF THE DUBLIN ORDINANCE CODE
(THE ZONING ORDINANCE) TO ADOPT DEFINITIONS, ADOPT STANDARDS
AND PROCEDURES FOR PROCESSING CONDITIONAL USE PERMITS FOR FACILITIES
UNDER THE ALAMEDA COUNTY HAZARDOUS WASTE MANAGEMENT PLAN,
AND ADOPT LOCAL SITING CRITERIA CONSISTENT WITH THE COUNTY PLAN,
AND AMEND THE M-1 (LIGHT INDUSTRIAL) AND M-2 (HEAVY INDUSTRIAL)
ZONING DISTRICTS TO ALLOW THE LOCATION OF SMALL-SCALE
TRANSFER AND STORAGE FACILITIES AND OF
INDUSTRIAL TRANSFER/STORAGE/TREATMENT FACILITIES AS
CONDITIONAL USES SUBJECT TO THE PROCEDURES AND SITING CRITERIA.
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 8-21.3 is added to the Dublin Zoning Ordinance to read as follows: 8-21.3
INDUSTRIAL TRANSFER/STORAGE/TREATMENT FACILITY. Industrial Transfer/Storage/Treatment
facility means any hazardous waste management facility which is not a small-scale transfer facility or a residuals
repository. This facility category includes but is not l'maited to: a. Manifested waste transfer station; b.
Recycling facility; c. Aqueous treatment facility; d. Stabilization and solidification facility; and
e. Bioremediation.
Section 2. Section 8-22.0 is added to the Dublin Zoning Ordinance to read as follows: 8-22.0 SMALL-
SCALE TRANSFER AND STORAGE FACILITY. Small-Scale Transfer and Storage Facility means facilities
with wastestreams small enough to be exempt from manifest requirements as described in Califomia 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. A household hazardous waste collection facility is
considered to be a small-scale transfer and storage facility.
Section 3. Section 8-51.3 is added:to the Dublin Zoning Ordinance to read as follows: 8-51.3
CONDITIONAL USES: M-1 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as
follows:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
11. Small-Scale Transfer and Storage Facility
12. Industrial Transfer/Storage/Treatment Facility
Section 4. Section 8-52.2 is added to the Dublin Zoning Ordinance to read as follows: 8-52.2
CONDITIONAL USES: M-2 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as
follows:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
10.
Small-Scale Transfer and Storage Facility
11.
Industrial Transfer/Storage/Treatment Facility
Section 5. Section 8-104.0 is added to the Dublin Zoning Ordinance to read as follows:
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE.
8-104.0
8-104.1 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 off site hazardous waste facilities. These
standards, regulations and process are intended to be consistent with Article 8.7 of the California Health and
Safety Code, applicable portions of the Alameda County Hazardous Waste Management Plan and the City of
Dublin General Plan.
8-104.2
APPLICABILITY.
A.
The specific requirements of this ordinance are applicable to the siting and development of off-
site hazardous waste treatment, storage, and transfer facilities. Oft' site hazardous waste facilities
means those facilities which treat, store, recycle, incinerate or transfer hazardous wastes from at
least two producers of hazardous wastes which are not located on the same property of the
hazardous waste facility. Consistent with the Alameda County Hazardous Waste Management
Plan, off-site hazardous waste facilities only include those facility types as defined by the plan for
Small-Scale~Transfer and Storage Facilities including hazardous waste collection facilities, and
Industrial Transfer, Storage and Treatment Facilities.
B. The off-site facility definition does not apply to:
1. transportable treatment units (TTU) 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.
Facilities for the land disposal of hazardous wastes or treatment residues are prohibited in the
City of Dublin
D.
All such facilities (i.e., off-site, on-site, household hazardous waste collection, and TTU's) shall
obtain all necessary state licensing to install and operate.
Eo
Small Scale Transfer and Storage Facilities and Industrial Transfer/Storage Treatment Facilities
are permitted in the M-1 and M-2 Zoning districts pursuant to a Conditional Use Permit before
the Planning Commission.
Fo
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 therefore which shall satisfy the same
procedures and contents as those required in an initial application.
8-104.3PROCEDURE.
Applications for hazardous waste facilities as defined by tNs chapter shall follow procedures specified by
Article 8.7 of the State Health and Safety Code and Section 8-94.0 of the Zoning Ordinance.
8-104.4APPLICATION REQUIREMENTS.
The information listed below is required at the time a hazardous waste facility application for an off-site
facility is submitted to the Community Development Department:
io
A complete planning application for a Conditional Use Permit signed by the property owner or
its authorized representative.
B A non-refundable deposit or fee as set forth by ordinance or resolution of the City Council.
C
A letter of justification describing the proposed project and explaining how it will satisfy the
findings in Section 8-104.10.
Do
Information required for public meetings and hearings, as determined by the Director of
Community Development.
Eo
A scaled, fully-dimensioned site plan and development plan drawn in sufficient detail to clearly
describe the following:
o
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12°
13.
14.
15.
16.
Physical dimensions of property and structures;
Location of existing and proposed structures;
Setbacks;
Methods of circulation and location' of truck routes;
Ingress and egress;
Utilization of property under the requested permit;
The distance from the project property lines to the nearest residential structure;
Proximity of the project to 100-year floodplain areas;
Proximity of the project to any known earthquake fault zones;
The relationship of the proposed project to all aboveground water supplies as well as
known underground aquifers that could conceivably suffer contamination;
Topographic description of the property and surrounding area;
Existing and proposed utilities which service or will be needed to service the .facility;
Identification of surrounding zoning and land uses;
Landscape plans showing theme and location of all landscape areas;
Building elevations showing bt~ding height, exterior materials, and architectural theme;
and
Other information as required by the Director of Community Development.
Fo
A preliminary geological study of the property and surrounding area which comprehends as deep
a soils analysis as there are known aquifers, regardless of the potability of those aquifers.
Go
Identification of all wastewater, treated and untreated, generated by the proposed facility and the
method and place of final discharge.
m.
Ko
Lo
8-104.5
mo
B°
Identification of the mounts (tonnage) and types of hazardous wastes to be treated at the
proposed facility; the sources of these wastes; the ultimate disposition of the wastes; and the
anticipated life of the facility. Information shall be provided on the amount, sources, and types of
hazardous wastes to be treated based on an actual survey of the industries to be served and,
thereby, be representative of the wastes that will be processed at the facility.
A plan that dearly delineates all public involvement with the proposed project prior to any
formally advertised and scheduled public hearings. Said plan will provide for adequate public
testimony on the project in an effort to mitigate all public concerns prior to the approval body
reviewing the case.
A.plan that identifies an ongoing monitoring program to ensure no unintentional release of any
hazardous substance from the site. This shall include any ongoing monitoring necessary by other
permitting agencies such as State Department of Health Services, the Bay Area Air Quality
Management District 03AAQMD), Environmental Protection Agency (EPA), San Francisco
Bay Regional Water Quality Control Board, etc.
A preliminary contingency plan for emergency procedures designed to minimize hazards to
human health or the environment from fires, explosions or any unplanned sudden or nonsudden
release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The
plan shall provide for its immediate implementation, whenever there is a fire, explosion, or release
of hazardous waste constituents which could threaten human health or the environment. The
preliminary contingency plan shall address the requirements included in Section 8-104:7C.
Other information as required by the director of community development to demonstrate
compliance with the facility siting criteria as outlined in Section 8-106.6.
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 Section
21000-21177; 15000-15387).
The environmental analysis shall address, but not be limited to, the following:
.
Describe at least two (2) reasonable alternatives to the project; these alternatives shall be
reviewed pursuant to the California Environmental Quality Act (Public Resources Code
section 15060(d)).
°
An analysis of visual, noise and any olfactory impacts assodated with the project and
recommended mitigation measures.
o
An analysis of all anticipated ak quality impacts associated with the project and proposed
mitigation to ensure no degradation of ak quality in the area.
.
A health and safety assessment that analyses in detail all probabilities of accidents or
spills and impacts to groundwater at the site; flooding risks; geologic constraints and
engineered solutions; identify ak emissions, impacts and their mitigation; determines
appropriate setbacks from residential designated property and immobile populations; as
4
well as transportation-related accidents from the point of origin to the facility. Such
analysis shall identify mitigation measures to reduce identified risks. The health and
safety assessment shall identify the most probable routes for transporting hazardous
wastes to the facility within Alameda County, and if applicable, Santa Clara County.
.
An analysis of traffic impacts associated with the project and recommended mitigated
measures.
.
An analysis of all anticipated water quality impacts associated with the project and
proposed mitigation to ensure no degradation of water quality in the area.
7. Other information as required by the California Environmental Quality Act (CEQA).
8-104.6
FACILITY SITING CRITERIA AND PERMITTING REQUIREMENTS.
The following siting criteria and permitting requirements 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 and governmental costs associated with development of off-site
hazardous waste facilities.
A. Protect the Residents of Alameda County (and the City of Dublin):
1. Distance from residentially designated property
All Facilities: Treatment, storage, or transfer facilities handling ignitable, explosive,
reactive or acutely hazardous wastes must provide a minimum buffer zone of at least
2,000 feet between the nearest 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
operational area within the facility site and the nearest 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).
2.. Distance from Immobile populations:
All Facilities: Facilities shall comply with City minimum zoning code setbacks, unless a
greater buffer distance from other uses is deemed necessary, based on a required health
and safety assessment. 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 ignitable, explosive, or reactive waste. A minimum buffer
zone of 5,000 feet between a facility site and any site with an immobile population is
therefore requked, 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.
5
Bo
Co
Ensure the Structural Stability of the FaciBty:
1. Floodplains:
All facilities: Facilities must be designed, constructed, operated and maintained to
preclude failure due to flooding, per flood control authorities and requirements.
Provisions must be made to contain and test storm runoff' prior to discharge in areas
subject to contamination by waste or treated material. The required health and safety
assessment will address flooding risks associated with the facility. Facilities may be
located in areas subject to 100-year rood'rog only if protected by offsetting engineered
improvements, such as berms or raising the facility above flood levels. This includes
areas subject to flooding by dam or levee failure and natural causes such as river
flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches (earthquake-
induced waves in lakes), and coastal flooding. A structural analysis or engineering
design study must be provided which shows methods to prevent undulation or washout.
2. Seismic:
All Facilities: Facilities must have a minimum 200-foot setback from active or recently
active earthquake faults, per the California Administrative Code (CAC), title 22, Section
6391(a)(fll)A(1) and (2). The required health and safety assessment will address
earthquake safety of the facility.
3. unstable soils:
All Facilities: Facilities are prohibited from locating in areas of potential rapid geologic
change, unless the facility and its containment structures have engineered design features
to assure structural stability. This includes areas with unstable soils, steep slopes, and
areas subject to liquefaction, subsidence or other severe geologic constraints. The
required health and safety assessment will include a geologic report defining any such
constraints and engineered solutions.
Protect Water Quality:
1. Groundwater:
AllFaciBties: 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.
Facilities are encouraged to locate outside of known or suspected principal recharge
areas to regional aquifers as defined in local or state plans and areas of permeable strata
and soils as defined by the Alameda County Hazardous Waste Management Plan.
Facilities may locate in these areas only with increased engineered design features such
as horizontal and vertical containment and monitoring systems to ensure protection.
Subsurface storage or treatment facilities must provide secondary containment and shall
be sited, designed and operated to ensure that hazardous materials will always be twenty
feet above the tension-saturated zone unless approved by the Alameda County Water
District.
D.
E.
Facilities are also encouraged to locate outside of areas where groundwater is within
twenty feet of the natural land surface. Facilities may locate in these areas only with
increased engineered design features such as horizontal and vertical containment and
monitoring systems .to ensure protection. Subsurface storage or treatment operation is
prohibited.
Industrial Transfer/Storage/Treatment FaciBty: Groundwater monitoring wells must be
located around each facility to determine background vadose zone and groundwater
quality, and to detect leaks and spills from the facility, unless demonstrated to be safe
without them through the health and safety assessment. An ongoing groundwater
monitoring program should be developed in consultation with local, state and water
district representatives.
2. Surface Water quality
All faciBties: Developers shall comply with the requkements of the Alameda
Countywide Clean Water Program.
3. Wastewater:
All faciBties: Facilities operating wastewater should locate in areas with adequate
industrial sewer capacity. The quality of wastewater must meet all federal, state and
local sewering agency discharge requirements; and the facility must obtain a valid
industrial wastewater discharge permit.
Protect Air Quality:
1. Air quality nonattainment and PSD areas:
All facilities: Facilities may be sited in nonattainment and PSD (prevention of significant
deterioration) areas only if they meet the requirements of the Bay Area Ak Quality
Management District. The required health and safety assessment will identify ak
emissions, impacts and mitigation associated with the facility.
Prote~ct Environmentally Sensitive Areas:
1. Wetlands
Ail facilities: Facilities are prohibited from locating in wetlands such as salt water, fresh
water and brackish marshes, swamps and bogs, as defined in local regional and state
plans and polities (generally, areas inundated by surface water or ground water with a
frequency to support, under normal ckcumstances, a prevalence of vegetative or aquatic
life which requkes saturated soil conditions for growth and reproduction).
2. Habitat of Endangered Species
All facilities: Facilities are prohibited from locating 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
7
Fo
o
.
o
o
Ensure
.
.
or being considered for identification as "endangered" or "threatened" by the U.S.
Department of Interior of the State of Califomia.
Prime agricultural lands:
All faciBties: Facilities are prohibited from locating on prime agricultural lands, as
defined in California law and local plans, unless an overriding public need is served and
demonstrated.
Recreational, cultural and aesthetic resources:
Small-Scale Transfer and Storage facilities: Low-volume transfer and storage facilities
may locate in protected, recreational, cultural or aesthetic resource areas, as defined by
local, regional, state of national plans or policies, only if necessary to handle hazardous
wastes generated by workers, residents, or visitors in these areas.
Industrial Transfer/Storage/Treatment FaciBty: Facilities are prohibited from locating
in protected recreational, cultural and aesthetic resource areas, as defined by local,
regional, state or. national plans or policies.
Military lands:
AllfaciBties: Facilities are prohibited from locating on military lands by the policy of the
U. S. Department of Defense (DOD).
Mineral resource areas:
All facilities: Facilities are prohibited from locating on lands containing significant
mineral deposits, as classified by local plans or Califomia's mineral land class maps and
reports, if the extraction of the mineral deposit would be precluded.
Safe Trtmsportation of Hazardous Waste:
Proximity to waste generation areas:
All.facilities: Facilities shall locate in the M-1 (Light Industrial) and M-2 (Heavy
Industrial) zoning districts at locations close to sources of hazardous waste generation to
minimize the risks of transportation.
Proximity and Access to Major Routes:
Ail facilities: 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 be on
industrial streets, accessible to designated truck routes, not pass through residential
neighborhoods, shall minimize residential frontages, and shall be demonstrated as safe
with regard to road design and construction, accident rates, excessive traffic, etc. The
required health and safety assessment will evaluate risks associated with transportation of
hazardous wastes.
8
Go
8-104.7.
m.
g.
Protect the Social and Economic Goals of the Community:
1. Consistency with general plan and zoning:
AllfaciBties: Facilities must be consistent with local planning policies, including the City
General Plan and Zoning Ordinance.
2. Fiscal impact:
AllfaciBties: A facility's fiscal impact to the City must be demonstrated.
3. Socioeconomic impacts:
AllfaciBties: The City may require the facility developer to fund an independent study
on socioeconomic impacts of the facility.
4. Proximity to PubBc Services:
AllfaciBties: Facilities shall be served by necessary public services including but not
necessarily limited to sewer, water, electricity, gas and telephone. The site shall be
located within a three minute response time fi.om the nearest fire station.
5. Consistency with Alameda County Hazardous Waste Management Plan:
All facilities: Facilities shall be consistent with the goals and policies of the Alameda
County Hazardous Waste Management Plan, and must demonstrate compliance with the
siting criteria established herein. Facilities shall be consistent with the fair share principal,
and with any interjurisdictional agreements on hazardous waste management. Local
needs are to be the primary basis for facility siting criteria decisions, along with regional
commitments; facilities are to be designed and sized primarily to meet the hazardous
waste management needs of Alameda County, or to meet the county's broader regional
commitments under an interjurisdictional agreement.
SPECIAL DEVELOPMENT REQUIREMENTS.
General Conditions:
The City may impose conditions on the granting of a Conditional Use Permit for a
hazardous waste facility in order to achieve the purposes of this section and the General
Plan and to protect the health, safety and general welfare of the community.
Safety and Security:
The owner or operator shall prevent the unknowing entry, and minimize the possibility
for the unauthorized entry, of persons or livestock onto any portion of the facility.
.
The operator shall provide a twenty-four hour surveillance system (e.g., elevation
monitoring or surveillance by guards or facility personnel which continuously monitors
and controls entry onto the facility.
9
Co
.
.
An artificial or natural barrier (e.g., a wall or a wall combined with a landscaped berm)
shall be constructed to completely surround the facility.
All gates or other entrances into the facility shall be provided with adequate means to
control entry at all times. Signs with the legend, "Danger - Hazardous Waste Area -
Unauthorized Personnel Keep Out," shall be posted at each entrance to the facility, and
at other locations, in sufficient numbers to be seen from any approach. The legend shall
be written in English, Spanish and any language predominate (predominant) in the area
surrounding the facility, and shall be legible from a distance of at least twenty-five (25)
feet. Existing signs with a legend other than "Danger - Unauthorized Personnel Keep
Out" may be used if the legend on the sign indicates that only authorized personnel are
allowed to enter the active portion, and that entry onto the active potion can be
dangerous.
Contingency Plan:
.'
The hazardous waste facility is required to have a contingency plan designed to
minimize hazards to human health and the environment from fires, explosions, or
unplanned release of hazardous waste to ak, soil, or surface water. The plan shall be
prepared to the satisfaction of the Community Development Director and be carded out
immediately whenever a fire, explosion, or unplanned release occurs.
2. The contingency plan shall include:
(a)
The actions' employees must take in response to a fire, explosion, unplanned
release of hazardous waste.
(b) Arrangements agreed to by local emergency response officials.
(c)
The names, addresses and telephone numbers (office and home) of all persons
qualified to act as emergency coordinator. (If more than one (1) name is listed,
the order in which they may assume authority shall be given, with one (1) person
designated as primary coordinator.) The emergency coordinator shall be
available to respond to all emergency response measures. The emergency
coordinator shall be familiar with all aspects of the contingency plan, all
operations and activities of the facility, the location and characteristics of wastes
handled, and general facility layout.
The emergency coordinator shall have the authority to commit the resources
needed to carry out the contingency plan.
(d)
A listing of all emergency equipment at the facility, including its location and an
outline of its capabilities.
(e)
An evacuation plan for employees where evacuation may be necessary, including
signals used to begin evacuation, primary evacuation routes and altemate routes.
l0
.
Facility emergency coordinator responsibilities shall be identified in the contingency plan
to include, at minimum, the following:
(a)
In event of emergency (imminent or natural) fire, the emergency coordinator
shall immediately activate facility alarms to notify employees and shall contact
appropriate state or local emergency response agencies.
(b)
In the event of a fire, explosion, or release of any hazardous material, the
emergency coordinator shall immediately identify the character, exact source,
amount and real extent of any released materials. Concurrently, the emergency
coordinator shall assess possible hazards both direct and indirect, to human
health or the environment that may result from the emergency.
If the emergency coordinator determines that the facility has had a release, fire or
explosion which could threaten human health and the environment outside the
facility, the emergency coordinator shall report his findings as per the following
subsections (d) and' (e).
(d) If evacuation is necessary, local officials shall be so notified.
(e)
The emergency coordinator shall, in every situation, notify the state office of
emergency services at 1-800-852-7550, the Dougherty Regional Fire Authority
(or successor agency) and the Dublin Community Development Department
providing the following information.
1. Name and telephone of person reporting;
2. Name and address of facility;
3. Time and type of incident;
4. Name and quantity of material(s) involved;
Extent of injuries; and
6. Possible hazard to human health and the environment outside facility.
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:
1. Stopping operations;
2. Collecting and containing released waste; and
3. Removing or isolating containers.
If the facility stops operations during an emergency, the emergency coordinator
shall monitor for leaks, pressure build-up, gas generation or ruptures in valves,
pipes or other equipment as appropriate.
Immediately at, er an emergency, the emergency coordinator shall provide for
treating, storing or disposing of recovered waste, contaminated soil or surface
water, or any other material resulting from a release, fire or explosion.
(i) Other activities required of the emergency coordinator after an emergency are:
o
No wastes incompatible with the released material is handled until
cleanup is completed; and
.
Emergency equipment is cleaned and ready for use before operations are
resumed.
Owner/operator responsibilities shall be identified in the contingency plan to include, at
minimum, the following:
(a)
Notify the state department of health services and appropriate state and local
authorities that the above requirements have been met before operations are
resumed in the affected area.
(b)
Record the time, date and details of any incident which requires implementing
the contingency plan.
(c)
Within fn°reen (15) days submit a written report on the incident to the State
Department of Health Services. The report shall include:
1. Name, address and telephone number of owner/operator;
2. Name, address and telephone number of the facility;
3. Date, time and type of incident;
4. Name and quantity of materials involved;
5. Extent of injuries;
o
Assessment of actual or potential hazards to human health or the
~vironment, where applicable; and
7. An estimate of the quantity of material recovered and its disposition.
(d)
(e)
A copy of the contingency plan shall be maintained at the facility. A copy shall
be sent to the City of Dublin Community Development Department, Dougherty
Regional Fire Authority (or successor agency), surrounding hospitals, Alameda
County Health Care Agency, and other regulatory agencies as deemed
appropriate.
The contingency plan shall be reviewed and amended when any of the following
occur:
1. The facility permit is revised.
12
Do
Eo
2. Applicable regulations are revised.
3. The plan fails in an emergency.
.
Operations at the facility change in a way that materially increases the
potential of fire, explosion or unplanned release of hazardous waste.
5. The list of emergency coordinators changes.
6. The list of emergency equipment changes.
Monitoring:
Upon reasonable notice, the City, their designated representatives of other agencies, may
enter a parcel on which a Conditional Use Permit for a hazardous waste facility has been
granted for the purpose of monitoring the operation of the facility.
.
The holder of a Conditional Use Permit for a hazardous waste facility shall report
quarterly to the Community Development Director 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.
3. All structures shall remain accessible for inspection purposes.
Closure Plan
The owner or operator of a hazardous waste management facility shall submit a written closure
plan. A copy of the approved plan, and all revisions to the plan shall be kept at the facility until
closure is completed. The plan shall identify steps necessary to completely or partially close the
facility at the end of this intended operating life. The closure plan shall include at least:
A description of how and when the facility will be partially closed, if applicable, and
finally closed. The description shall identify the maximum extent of the operation which
will be open during the life of the facility.
.
An estimate of the maximum inventory of wastes in storage and in treatment at any time
during the life of the facility.
3.. A description of the steps needed to decontaminate facility equipment during closure.
.
An estimate of the expected year of closure and a schedule for final closure. The
schedule shall include, (at) 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.
The owner or operator may amend his closure plan at any time during the active life of
the facility. (The active life of the facility is that period during which wastes are
periodically received.) The owner or operator shall amend the plan whenever changes in
operating plans or facility design affect the closure plan, or whenever there is a change in
Fo
the expected year of closure. When the owner or operator requests a permit
modification to authorize a change in operating plans or facility design, a modification of
the closure plan shall be requested at the same time.
.
The plan shall clearly indicate an effective and ongoing use for the facility after closure.
The plan will identify how the subject property will be used after the anticipated life of
the project; the nature and type of reclamation, provisions for maintenance of the project
and finally the requirements for long-term monitoring of the reclaimed area to ensure no
hazardous materials are leaking from the site.
o
The plan shall indicate financial arrangements (irrevocable trust or other form of security
arrangement) for the purpose of providing funds for the closure of its site and its long-
term post-closure monitoring maintenance, per section 8-104.7F below.
Financial Responsibility:
The owner/operator shall Show proof of liability insurance as follows:
o
The types, amounts, periods of coverage, and provisions for periodic review as to
adequacy of coverage shall be specified in the conditions of approval. Required
insurance shall include, but not be limited to: general liability insurance, automotive
liability insurance, environmental impairment liability insurance, and architect's and
engineer's professional liability insurance.
All such insurance shall name the City as an additional insured and shall be maintained
for the life of the site and such additional periods as shall be specified in the conditions of
approval.
Additionally, coverage will be provided for workers compensation insurance and such
other insurance as may be required. Said insurance will name the City as either
additional insured or as an additional loss payee. Certificates of insurance will be
submitted to the City annually.
.
An irrevocable trust will be established to provide funds for closure of the site and its
long-term post-closure and monitoring and maintenance. Funds for this trust would be
provided by the owner/operator of the facility quarterly based on quantity and types of
percentage of grosg income. The terms of the trust would be as agreed upon by the
project owner/operator and the City. The terms will be reviewed annually in regards to
the amount of funds in the trust and anticipated closure monitoring and maintenance
costs. Applicants shall provide a bond in an amount to be determined by the City for
purposes of closure of the site.
.
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.
14
8-104.8
Ao
Bo
C.
8-104.9
8-104.10
8-104.11
LOCAL ASSESSMENT COMMITTEE (LAC)
Pursuant to Section 25199.7 (d) of the State Health and Safety Code, the City Council shall
appoint a seven-member Local Assessment Committee (LAC). The City Council has discretion
to appoint additional members to this committee as they deem appropriate. The membership,
responsibilities and duties shall be consistent wit the provisions of Section 25199.7 of the State
Health and Safety Code. The LAC shall cease to exist after the final administrative action has
been taken by the state and local agencies on the permit applications for the project for which the
LAC was formed.
The approval body shall provide staff resources to assist the LAC in performing its duties.
(Requirement of Section 25199.7(d)(3) of the Califomia Health and Safety Code.)
If the LAC and the applicant cannot resolve any differences through the meetings specified by
State Law, the OPA may assist in this resolution pursuant to Section 25199.4 of the California
Health and Safety Code. (Requirement of Section 25199.7(h) of the Califomia Health and
Safety Code.)
HEARINGS AND NOTICE.
Hearings and public notices shall be consistent with the applicable requirements of Article 8.7 of
the State Health and Safety Code and Section 8-94.0 CONDITIONAL USE PERMITS, of the
City of Dublin Zoning Ordinance.
FINDINGS.
In order for the Planning Commission to approve a hazardous waste facility application, the
commission must act on this application prior to approving a Conditional Use Permit for a
hazardous waste facility. The Planning Commission shall find that:
A. The project is consistent with the City's General Plan and Zoning Ordinance.
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.
Do
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 Section 8-104.6.
APPEAL
An applicant or an interested person may file an appeal of a land use decision made by the City
Council to the governor's appeal board within thirty (30) days after the date the City takes final
action on the land use decision pursuant to California Health and Safety Code section 25199.9
Procedures for filing an appeal are outlined in Section 25199.14 of the California Health and
Safety Code.
8~104.12 TIME LIMITS.
A Conditional Use Permit granted for an off-site hazardous waste facility shall be
exercised within three (3) years from the effective date thereo[ or within such additional
time as may be set in the conditions of approval, which shall not exceed a total of seven
(7) years; 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.
g.
x
Permit review and renewal shall be determined at the time of approval and shall not
exceed five (5) years.
8-104.13
HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES. Household Hazardous
Waste Collection Facilities which meets the requirements of Article 10:8 of the State Health and
Safety Code shall meet the requirements of this chapter provided that the Community
Development Director may exempt informational or analysis requirements of Sections 8-
104.4, 8-104.6 and 8-104.7 where the data are determined to be nonessential for the approval of
the permit.
Section 6.
This ordinance shall take effect and be enforced thirty (30) days from and at~er its passage. The
City Clerk of the City of Dublin shall cause this ordinance to be posted in at least three public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 13th day of August,
1996, by the following votes:
AYES:
Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~ ~it~ Cle~'~
g:pa96024\ordl
K~/8-1 $- 96/0 rd-h~mp ,doc
Mayor
16