All hazardous waste facilities shall comply with the following:
(A) Monitoring.
(1) Where reasonable notice is given, and for the purpose of ensuring compliance with all standards, conditions and other requirements that the city is authorized to enforce under its police power, city officials and their designated representatives may enter the premises where a hazardous waste facility permit has been granted.
(2) The owner or operator of a facility shall report quarterly to the City of Tulare Fire Chief the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and a map showing the exact location (coordinants and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of on-site, and treated on-site.
(3) The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, state or federal agencies to the City of Tulare Fire Chief.
(B) Miscellaneous.
(1) Any modifications of the types and quantities of hazardous waste to be managed at the facility, which were not included in the approved application for a conditional use permit, must be approved by the City of Tulare Fire Chief before such modifications occur at the facility.
(2) Each hazardous waste facility must have a Hazardous Materials Business Plan approved by the State of California, Department of Health Services. A copy of the Hazardous Materials Business Plan shall be maintained at the facility and shall be sent to the City Police, Fire and Engineering Departments and the Tulare County Department of Environmental Health.
(3) The owner or operator of a hazardous waste facility, prior to any local land use decision shall submit to the city’s Fire Department a Hazardous Materials Business Plan approved by the Department of Health Services. All revisions to a closure plan shall also be resubmitted to the city’s Fire Department.
(4) Prior to issuance of an occupancy permit for a hazardous waste facility, the applicant shall show proof that all financial responsibility requirements imposed by the State of California Department of Health Services and any other state or federal agencies have be met.
(5) The applicant agrees to indemnify, defend, and render harmless the City of Tulare and its City Council, and all officers, employees and agents of the city against and from all claims. actions, and liabilities relating to the land use decision arising out of the operation of the facility.
(6) No hazardous waste facility will be approved if it significantly reduces incentives for waste minimization by hazardous waste generators.
(7) Owners/operators of all waste facilities shall submit an annual air, soil and groundwater report to the Director of Planning and Building, the City Engineer and the City Fire Chief.
(8) Owners/operators of all waste facilities shall submit an annual report to the city’s Fire Chief, indicating the amount, location and type of all materials stored on-site and the risk to fire fighters should a fire occur on or near the facility.
(9) All costs of compliance associated with this chapter shall be borne by the facility owner/ operator.
(10) The City of Tulare may employ any and all methods permitted by law to enforce this chapter.
(11) The owner/operator shall keep all equipment and buildings in good repair and shall employ technological advances as may be required by the State of California Department of Health Services, San Joaquin Valley Air Pollution Control District or Federal Environmental Protection Agency.
(1995 Code, § 10.164.050) (Ord. 00-1854, passed - -2000)