All hazardous waste facility projects in the city shall comply with the following:
   (A)   Proximity to populations. The active portions of any hazardous waste facility shall not be located closer than 1,000 feet or, in the case of residuals repositories, not closer than 2,000 feet, from the boundary of any property used for residential, school, park, hospital, sanitarium, nursing home, daycare or similar purposes within the city, or any adjacent city or county area, unless, following a health and safety risk assessment study, the Planning Commission approves a lesser distance, after making a finding and determination that the facility will not pose a significant health and safety risk to such nearby uses.
   (B)   Proximity to immobile populations.  
      (1)   For all types of facilities, a health and safety risk assessment shall be completed, which details the maximum credible accident from the facility operations, and its impact on all immobile populations in the city.
      (2)   The extent of the study shall appropriately address the quantity and types of wastes that could be received at the facility.
      (3)   It shall also include consideration of the design features and planned operational practices at the facility.
      (4)   Additionally, the study shall provide an estimate of the distance over which the effects of a spill or emergency situation would carry, options for reducing the risks, and procedures for dealing with such spills or emergency situations.
   (C)   Capability of emergency services. 
      (1)   All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association.
      (2)   In addition, hazardous materials accident response services at the facility may be required, based on the type of wastes handled or the location of the facility.
   (D)   Flood hazard areas. Residuals repositories and facilities shall not be located in any area subject to flood hazard, as shown on the Federal Emergency Management Agency flood insurance maps, unless such facilities are designed, constructed, operated and maintained in a manner deemed adequate by the city to prevent inundation.
   (E)   Proximity to active or potentially active faults. All facilities shall be located no closer than 600 feet from known, active earthquake faults.
   (F)   Slope stability.
      (1)   Residuals repositories and facilities are prohibited in areas of potential rapid geologic change.
      (2)   All other facilities shall avoid locating in areas of potential rapid geologic change, unless containment structures are designed, constructed and maintained to the city's satisfaction to preclude failure as a result of such changes.
   (G)   Subsidence/liquefaction. Residuals repositories and facilities shall not be located in areas where the soils have a potential for subsidence or liquefaction.
   (H)   Aqueducts and reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies contained in reservoirs and aqueducts.
   (I)   Discharge of treated effluent.  
      (1)   Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge.
      (2)   If sewers are not available, the site shall be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream, river or the ocean.
   (J)   Proximity of supply wells and well fields. All hazardous waste facilities shall locate at least 50 feet outside the cone of depression created by pumping a water well or water well field for 90 days.
   (K)   Depth to groundwater. 
      (1)   Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is 25 feet or less from the lowest subsurface point of the facility.
      (2)   At all facilities, the foundation of all containment structures shall be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression or uplift, as certified by a California-registered civil engineering geologist.
   (L)   Groundwater monitoring.
      (1)   Residuals repositories and facilities with subsurface storage and/or treatment shall develop a program that successfully satisfies the Regional Water Quality Control Board (RWQCB) permit requirements for groundwater monitoring.
      (2)   Facilities that handle liquids should be located where groundwater flow is in one direction, with no vertical interformational transfer of water.
   (M)   Major aquifer recharge area.
      (1)   Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer.
      (2)   Facilities with subsurface storage or treatment shall be located at least one-half mile away from potential drinking water sources.
      (3)   All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.
   (N)   Soil permeability.
      (1)   Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board.
      (2)   All other above ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices.
      (3)   All other facilities shall not be located in areas were surficial materials are principally highly permeable materials, unless spill containment and inspection measures are employed, which the city determines to be adequate.
   (O)   Existing groundwater quality. 
      (1)   Hazardous waste facility projects shall not be located in areas where there is a potential for contamination of Class I or Class II groundwater, as such groundwater is defined by the U.S. Environmental Protection Agency.
      (2)   Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human-induced conditions) to the extent that it could not reasonably be considered for beneficial use.
   (P)   Nonattainment areas.  
      (1)   All facilities with air emissions locating in nonattainment areas and emitting air contaminants in excess of established limits shall require preconstruction review under new source review requirements, and obtaining permits to construct and operate from the South Coast Air Quality Management District.
      (2)   All facilities locating in the region with air emissions that are classified under the PSD regulations as major stationary sources will be required to submit to preconstruction review and apply best available control technology.
   (Q)   Wetlands. All types of facilities are prohibited from locating in wetlands unless:
      (1)   Industrial usage is permitted;
      (2)   No additional filling is required; and
      (3)   Fish, plant and wildlife resources can be maintained and enhanced on a portion of the site, or preserved elsewhere in the area.
   (R)   Proximity to habitats of threatened and endangered species. Facilities are prohibited in habitats of threatened or endangered species, unless the developer can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.
   (S)   Recreation, cultural or aesthetic areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value, as determined by the Director of Community Development or the Planning Commission.
   (T)   Proximity to areas of waste generation. 
      (1)   All facilities shall be located in areas best suited for providing services to the hazardous waste generators of the city.
      (2)   Facilities primarily serving generators from outside the city shall demonstrate why the facility cannot be located closer to the points of hazardous waste generation.
   (U)   Distance from major transportation routes.
      (1)   Distance traveled on minor or residential roads shall be kept to a minimum.
      (2)   Facility proponents shall pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.
      (3)   If access to facilities is to be by private roads or driveways, such roads or driveways shall be designed and constructed to accommodate heavy vehicles.
   (V)   Structures fronting minor routes.
      (1)   Facilities shall be located such that any minor routes to and from state or interstate divided highways are not used primarily by trucks, and the number of nonindustrial structures (homes, hospitals, schools, and the like) along such routes is minimal.
      (2)   The facility proponent shall evaluate the “population at risk,” based on the Federal Highway Administration's guidelines for applying criteria to designate routes for transporting hazardous materials.
      (3)   The population at risk factor should not exceed that for existing facilities, and sites with lower factors are preferred.
   (W)   Capacity versus average daily traffic of access roads. 
      (1)   The changes in the ratio of route capacity to average annual peak hour traffic shall be negligible, after calculating the number of trucks on the major and minor routes expected to service the facility.
      (2)   To determine if a change in average annual peak hour traffic is negligible, the same standards of significant/insignificant impact utilized in the California Environmental Quality Act shall be used.
(Ord. 4499, passed 8-13-07; Am. Ord. 4735, passed 5-14-18)