Unless otherwise stated, the following definitions pertain to this chapter:
A. “Applicant” means any person, agent, firm or entity applying to the City for a permit or a land use decision concerning a specified hazardous waste facility, or as otherwise defined under the term “proponent” contained in California Health and Safety Code, Section 25199.1(i).
B. “City” means the City of Cupertino, a California municipal corporation.
C. “County” means the county of Santa Clara, California.
D. “Director” means the Director of Community Development of the City of Cupertino, or authorized agent or designee thereof.
E. “Governor’s Appeal Board” means a panel formed to review the appeal by an applicant, as defined herein, of a specific hazardous waste facility land use application denied by the City, or of one or more conditions of approval attached to any offsite hazardous waste facility land use decision, or an appeal brought by an interested person, as defined herein, for review of any hazardous waste facility land use decision on the grounds that the conditions imposed therein do not adequately protect the public health, safety and welfare. The Governor’s Appeal Board membership, purpose and procedures are defined in the California Health and Safety Code, Sections 25199.9 through 25199.14.
F. “Hazardous waste” means a waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, flammability or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or serious, irreversible or incapacitating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise mismanaged.
G. “Health and safety assessment” means a technical and environmental evaluation of a proposed facility site to consider the physical and chemical characteristics of the specific types of wastes that would be processed in the facility. The assessment shall include all content described in Sections 9.20.140-9.20.220 of this chapter.
H. “Immobile population” means persons present in schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, and other similar facilities.
I. “Interested person” means any individual or group of persons who participated in one or more public hearings held to consider an application for a land use decision for a specific hazardous waste facility. “Participation,” for purposes of this definition, shall include, but not be limited to, attendance at, giving of testimony at, or submission of written or verbal questions at a meeting or hearing concerning said application.
J. “Land use decision” means a discretionary decision given by the City concerning a specific hazardous waste facility including the approval of a change of zone, planned development.
K. “Local Assessment Committee (LAC)” means a committee of locally appointed representatives whose membership, duties and mission are defined in California Health and Safety Code, Section 25199.7(d), and as described in Sections 9.20.230-9.20.270 of this chapter.
L. “Off-site hazardous waste facility” means any structure(s), other appurtenances or improvements on the land, and all contiguous land serving more than one producer of hazardous waste and used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to:
1. Chemical oxidation facility;
2. Incineration facility;
3. Neutralization/precipitation facility;
4. Stabilization/solidification facility;
5. Transfer/storage facility.
M. “Office of Permit Assistance (OPA)” means the State of California Office of Permit Assistance.
N. “Office of Planning and Research (OPR)” means the State of California Governor’s Office of Planning and Research.
(Ord. 2056, (part), 2010; Ord. 1555, Part 3, 1991)