(A) Permits required. No person shall permit the placement, construction, or operation of any hazardous material facility without first obtaining the proper permits pursuant to the provisions set forth in this section and as otherwise specified in the municipal code. Facilities may be permitted as follows:
(1) Hazardous material generators. Large generators shall be allowed only by use permit in areas zoned “Heavy Industrial District (M-2)” or “Planned Development (PD)” and designated “Heavy Industrial” on the General Plan. Small generators shall be allowed by use permit within specific commercial (C-1, C-2, C-3, C-4, MCR) or industrial (M-1, M-2), or Planned Development (PD) zoning districts or as otherwise specified by this code. Medical facilities and any other uses generating infectious wastes shall be permitted in those districts and in the manner specified by this code and must provide evidence that such wastes will be collected and disposed of by a certified handler.
(2) Hazardous waste processors and residual repositories. All processors and residual repositories shall be allowed only by use permit in areas zoned “Heavy Industrial District (M-2)” or “Planned Development (PD)” and designated “Heavy Industrial” on the General Plan. Proposed hazardous waste processors treating materials similar to those treated at an existing facility within Contra Costa County shall be discouraged, unless the need for such a facility can be strongly demonstrated. In conjunction with the city's use permit application process, processors other than approved household hazardous waste collection centers must undergo the approval/appeal procedure outlined in Cal. Health and Safety Code § 25199, which is as follows:
(a) A Notice of Intent (NOI) is filed by the applicant with the State Office of Planning and Research (OPR) and the city at least 90 days before a formal use permit application is made with the city. Once notified, the city will meet with the applicant as soon as possible to discuss the proposal;
(b) A local public informational meeting to discuss the proposal is held by the OPR within 90 days of the NOI filing;
(c) The City Council appoints a seven member Local Assessment Committee (LAC) to advise of terms and conditions under which the project may be acceptable. Individuals in the LAC shall have no direct financial interest in the proposed facility and its membership shall be broadly constituted to reflect the makeup of the community. Its membership shall include three representatives of the community at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. A consultant may be hired to assist the LAC if necessary, with costs to be borne by the applicant;
(d) A formal use permit application for the project is received by the city within 90 days of the NOI filing and the city notifies OPR of the application's completeness within 10 days;
(e) An environmental assessment of the project is conducted and a Negative Declaration issued or an Environmental Impact Report performed;
(f) OPR holds a local public meeting to determine the issues related to the proposal within 60 days of learning that the use permit application is complete;
(g) A meeting is subsequently held between the LAC and the applicant to discuss the conditions required to make the project acceptable;
(h) All properties within one mile of a proposed hazardous waste facility are duly notified of all public hearings pertaining to the proposal;
(i) The use permit application is considered by the Planning Commission, with appropriate conditions attached to the permit if approved;
(j) If the permit is disapproved or the applicant questions the imposition of one or more of the conditions of approval, the appeal is heard by the City Council;
(k) Once final city action is taken on the application, the applicant or any interested party may appeal the city's decision to an appeal board convened by the Governor or his designee. If the appeal is successful, the city then has 60 days from the issuance date of the appeal board's written decision to reconsider the application and approve the proposal subject to the terms of that written decision.
(3) Household hazardous waste facilities. Collection points for household hazardous wastes may be allowed in “Light Industrial (M-1)” or “Heavy Industrial (M-2)” Districts with a use permit.
(B) Criteria and standards. The Planning Commission or Zoning Administrator, when considering a use permit application for a hazardous material facility, shall have the ability to relax or impose stricter standards than those set forth in this section upon finding that such modifications are reasonably necessary to implement the general intent of this section and the purposes of this chapter.
(1) General standards.
(a) All facilities must have engineered structural design features, to include spill containment and monitoring devices.
(b) Underground storage of hazardous materials is preferred, unless project review proves this unfeasible.
(c) Water, sewer, and emergency services must be available to all hazardous material facilities. Properties located within the city's Sphere of Influence must first annex to the city and agree to participate in all applicable assessment districts before necessary utilities can be provided.
(d) Facilities must be designed to minimize any additional noise impacts on surrounding areas.
(e) Hazardous material storage areas should be located as far as possible from electric transmission lines in order to minimize the chances of interaction between the two.
(f) Facilities shall be located in areas with immediate access to a city-approved Hazardous Material Carrier Route.
(g) Processors shall be located close to waste generation sources to minimize the need for waste transportation.
(h) The reduction of hazardous wastes at the source shall be preferred, with the on-site processing of generated wastes encouraged over the transport and disposal of wastes off-site.
(2) Large hazardous material generators and all hazardous waste processors other than approved household hazardous waste collection centers shall not be located:
(a) Within 200 feet of a recognized earthquake fault;
(b) Within wetland areas, such as marshes, swamps, and bogs;
(c) On prime agricultural lands, unless an overriding public need is served and the facility cannot be better located on an alternate site;
(d) Within recreational, cultural, historic, aesthetic, or otherwise significant areas;
(e) In such a manner as to preclude extraction of minerals necessary to the state economy;
(f) Within the watershed of existing or proposed drinking water reservoirs or near temporary or permanent sources of drifting water;
(g) Within critical habitat areas;
(h) Within areas with unstable soils, unless engineered design features are incorporated which assure structural stability;
(i) Within non-attainment areas or Prevention of Significant Deterioration areas unless Risk Assessments show that emissions will not significantly contribute to the non-attainment of air quality standards, that such emissions can be miti-gated, and that emissions are significantly less than those associated with the transportation of hazardous waste out of the area;
(j) Within high groundwater areas, within the 100-year flood plain or near any bodies of water unless the engineered design of the containment structure can withstand geologic or soil failure events; and
(k) Within 2,000 feet of any existing or future immobile population, such as residences, schools, or hospitals, unless a Risk Assessment study shows that a greater distance is necessary. This buffer zone shall be permanently maintained upon establishment of the facility.
(3) In addition to the applicable siting criteria listed above the following criteria shall also apply to residual repositories:
(a) Facilities shall in no case be located within areas subject to 100-year flood events;
(b) Areas known or suspected to be supplying principal recharge to a regional aquifer shall not be considered;
(c) Repositories must conform to all State Water Resource Control Board regulations concerning permeable strata and soils and ground-water areas; and
(d) Residual repositories may be located at greater distances from waste generation sources due to their need for larger land areas.
(4) In addition to the findings required for use permit approval, the following findings must also be made for hazardous materials facilities:
(a) That the facility is in conformance with all applicable siting criteria listed in the city's Hazardous Material Ordinance and all applicable federal, state and local regulations;
(b) That sufficient evidence has been presented that the facility will be operated using the best feasible hazardous material management tech-nologies;
(c) That alternative locations for the project have been adequately considered and the location selected is the most suitable; and
(d) That all significant environmental impacts associated with the project have been con-sidered and will be adequately addressed.
(5) For hazardous waste processors, the following findings must also be made:
(a) That the need for the proposed hazardous waste facility has been adequately demonstrated; and
(b) That any conditions recommended by the project's Local Assessment Committee were considered and those applicable were attached to the use permit approval for the facility.
(6) New pipelines and other channels carrying hazardous materials shall avoid existing and approved residential areas and other immobile populations to the greatest extent possible. Where installed, they must be properly designed to control leakage and above-ground pipelines must be completely surrounded by spill containment basins.
(C) Submittal requirements. Use permit applications for new large hazardous material generators, any hazardous material processor other than an approved household hazardous waste collection center, residual repositories or expansions of similar existing facilities shall include the following:
(1) A special “Hazardous Materials Facility“ use permit application;
(2) A modified Environmental Review Checklist, containing questions regarding a facility's anticipated use and/or production of hazardous materials;
(3) An Emergency Response Plan for the facility;
(4) For large hazardous waste generators, written explanation of the facility's operation and the reasons for its use and/or production of hazardous materials;
(5) For large hazardous waste generators, a Minimization/Management Plan designed to reduce the facility's use/production of hazardous materials;
(6) For large hazardous waste generators, an assessment of the facility's ability to provide on-site treatment of hazardous wastes produced and/or to participate in a program to recycle its wastes;
(7) For hazardous waste processors, an analysis of the local/regional need for the proposed facility with at least two alternate sites considered;
(8) For large hazardous waste generators and all hazardous waste processors, an agreement that a Health Risk Assessment analyzing the health and safety concerns related to the proposal and associated mitigation measures may be necessary with consultant to be selected by the city and costs to be borne by the applicant;
(9) For large hazardous waste generators and all hazardous waste processors an agreement that a Communication and Information Panel will be established for the facility; and
(10) A Transportation Analysis may be required depending on the facility's proximity to an approved carrier route, its distance to a highway, and the materials to be transported. The analysis is to determine the effects that the transport of hazardous materials to/from the site will have on the local circulation network.
Note: Applicable portions of a proposed facility's required Hazardous Materials Management Plan may fulfill one or more of the above submittal require-ments. Any changes to the Hazardous Materials Management Plan must be submitted to the city for its review with any expansions of or substantial changes to an operation subject to a supplemental use permit. Small generators requiring a use permit shall present evidence that the hazardous wastes produced by the operation shall be recycled to the extent feasible. Medical facilities and all other uses generating infectious wastes shall provide evidence that such wastes will be collected and disposed of by a certified handler.
(D) Transportation of hazardous materials.
(1) Vehicles transporting hazardous materials shall be required to use the most direct routes between the highway and hazardous material facilities. Hazardous Material Carrier Routes shall be designated by the City Engineer upon the recom-mendation of the City's Police, Public Works, and Planning Departments. Additional routes shall be considered by the City Engineer should their need emerge. Routes selected shall be the best alternatives available or proposed and shall, at a minimum, meet the following criteria:
(a) Little or no passage through residential areas or other immobile populations;
(b) Adequate road design to handle anticipated vehicle loads;
(c) Best possible access to the highway or to routes connecting to the highway;
(d) A minimum of daily traffic to preclude prolonged travel on the route; and
(e) Acceptable existing accident rates for the route.
(2) The designated routes shall be indicated on an official map to be maintained by the city's Engineering Department.
(3) The parking of vehicles carrying hazardous materials on city streets shall be prohibited unless in a location designated for such parking. New facilities shall be required to set aside specified areas for the parking, washing, and general main-tenance of trucks if applicable.
(E) Hazardous waste processor user fee. The city shall reserve the right to impose a user fee on the operation of an off-site, multi-user hazardous waste processing facility within the city limits pursuant to Cal. Health and Safety Code § 251735. This user fee shall not exceed 10% of a facility's annual gross receipts for the treatment, storage or disposal of hazardous waste at the facility, excluding the receipts derived from the recycling of hazardous waste. Funds collected shall be used to support emergency services, and to carry out any duties related to the operation upon which the user fee is imposed.
(F) Operation of hazardous material facilities.
(1) The city shall assist in the inspection of any hazardous material facility upon receipt of a complaint or any evidence that the facility is being operated in an unsafe manner. Spot checks may also be carried out to determine compliance with any applicable conditions of approval for the facility's operation. Assistance shall be provided to the County Health Officer, the State Department of Health Services, and the Riverview Fire District as required.
(2) The city shall impose penalties on facilities which are determined to be operating in an unsafe manner. Any fines collected shall be used to support emergency services, public information and education, and the inspection program. Non-compliance with a facility's conditions of approval may furthermore result in revocation of the facility's use permit, as set forth in this chapter.
(G) Closure of hazardous material facilities.
(1) The County Health Services Department shall be responsible for overseeing the closure of any hazardous material facility, with assistance provided by the city and the Riverview Fire District. Funding for the closure and post-closure maintenance shall be the responsibility of the facility's operator and any other responsible parties.
(2) Pipelines no longer in use shall be abandoned to the satisfaction of the City Engineer and shall comply with all applicable Environmental Protection Agency (EPA) requirements for such abandonments.
(H) Amendment of County Hazardous Waste Management Plan. After adoption of this chapter, any subsequent amendments to the Contra Costa County Hazardous Waste Management Plan shall have no force or effect on this chapter unless so determined by the City Council.
(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904