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Chapter 8.60
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE

8.60.010 Purpose.

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.

8.60.020 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. Off 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.

E.    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 from the Planning Commission.

F.    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.

8.60.030 Procedure.

Applications for hazardous waste facilities as defined by this Chapter shall follow procedures specified by Article 8.7 of the State Health and Safety Code and Chapter 8.100, Conditional Use Permit.

8.60.040 Application 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:

A.    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 8.60.100.

D.    Information required for public meetings and hearings, as determined by the Director of Community Development.

E.    A scaled, fully-dimensioned site plan and development plan drawn in sufficient detail to clearly describe the following:

1.    Physical dimensions of property and structures;

2.    Location of existing and proposed structures;

3.    Setbacks;

4.    Methods of circulation and location of truck routes;

5.    Ingress and egress;

6.    Utilization of property under the requested permit;

7.    The distance from the project property lines to the nearest residential structure;

8.    Proximity of the project to 100-year floodplain areas;

9.    Proximity of the project to any known earthquake fault zones;

10.    The relationship of the proposed project to all aboveground water supplies as well as known underground aquifers that could conceivably suffer contamination;

11.    Topographic description of the property and surrounding area;

12.    Existing and proposed utilities which service or will be needed to service the facility;

13.    Identification of surrounding zoning and land uses;

14.    Landscape plans showing theme and location of all landscape areas;

15.    Building elevations showing building height, exterior materials, and architectural theme; and

16.    Other information as required by the Director of Community Development.

F.    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.

G.    Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge.

H.    Identification of the amounts (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.

I.    A plan that clearly 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.

J.    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 (BAAQMD), Environmental Protection Agency (EPA), San Francisco Bay Regional Water Quality Control Board, etc.

K.    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 8.60.070.C.

L.    Other information as required by the Director of Community Development to demonstrate compliance with the facility siting criteria as outlined in Section 8.60.060.

8.60.050 Environmental Review.

A.    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 Sections 21000-21177; and CEQA Guidelines, 14 California Code of Regulations Sections 15000-15387).

B.    The environmental analysis shall address, but not be limited to, the following:

1.    Describe at least two (2) reasonable alternatives to the project; these alternatives shall be reviewed pursuant to the California Environmental Quality Act (Guidelines Section 15060(d)).

2.    An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures.

3.    An analysis of all anticipated air quality impacts associated with the project and proposed mitigation to ensure no degradation of air quality in the area.

4.    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 air emissions, impacts and their mitigation; determines appropriate setbacks from residential designated property and immobile populations; as 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.

5.    An analysis of traffic impacts associated with the project and recommended mitigated measures.

6.    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).

8.60.060 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 required, 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.

B.    Ensure the Structural Stability of the Facility:

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 flooding 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 Code of Regulations, Title 22, Section 6391(a)(f11)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.

C.    Protect Water Quality:

1.    Groundwater:

All Facilities: 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.

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 Facility: 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 facilities: Developers shall comply with the requirements of the Alameda Countywide Clean Water Program.

3.    Wastewater:

All facilities: 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.

D.    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 Air Quality Management District. The required health and safety assessment will identify air emissions, impacts and mitigation associated with the facility.

E.    Protect Environmentally Sensitive Areas:

1.    Wetlands

All 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 policies (generally, areas inundated by surface water or ground water with a frequency to support, under normal circumstances, a prevalence of vegetative or aquatic life which requires 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 or being considered for identification as “endangered” or “threatened” by the U.S. Department of Interior of the State of California.

3.    Prime agricultural lands:

All facilities: 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.

4.    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 Facility: Facilities are prohibited from locating in protected recreational, cultural and aesthetic resource areas, as defined by local, regional, state or national plans or policies.

5.    Military lands:

All facilities: Facilities are prohibited from locating on military lands by the policy of the U. S. Department of Defense (DOD).

6.    Mineral resource areas:

All facilities: Facilities are prohibited from locating on lands containing significant mineral deposits, as classified by local plans or California’s mineral land class maps and reports, if the extraction of the mineral deposit would be precluded.

F.    Ensure Safe Transportation of Hazardous Waste:

1.    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.

2.    Proximity and Access to Major Routes:

All 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.

G.    Protect the Social and Economic Goals of the Community:

1.    Consistency with the General Plan, applicable Specific Plans and zoning:

All facilities: Facilities must be consistent with local planning policies, including the City General Plan and Zoning Ordinance.

2.    Fiscal impact:

All facilities: A facility’s fiscal impact to the City must be demonstrated.

3.    Socioeconomic impacts:

All facilities: The City may require the facility developer to fund an independent study on socioeconomic impacts of the facility.

4.    Proximity to Public Services:

All facilities: 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 from 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.

8.60.070 Special Development Requirements.

A.    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.

B.    Safety and Security:

1.    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.

2.    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.

3.    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.

4.    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 portion can be dangerous.

C.    Contingency Plan:

1.    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 air, soil, or surface water. The plan shall be prepared to the satisfaction of the Community Development Director and be carried 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, or 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 alternate routes.

3.    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.

(c)    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 Sections (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 Alameda County Fire Department (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;

5.    Extent of injuries; and

6.    Possible hazard to human health and the environment outside facility.

(f)    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.

(g)    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.

(h)    Immediately after 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:

1.    No wastes incompatible with the released material is handled until cleanup is completed; and

2.    Emergency equipment is cleaned and ready for use before operations are resumed.

4.    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 fifteen (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;

6.    Assessment of actual or potential hazards to human health or the environment, where applicable; and

7.    An estimate of the quantity of material recovered and its disposition.

(d)    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, Alameda County Fire Department (or successor agency), surrounding hospitals, Alameda County Health Care Agency, and other regulatory agencies as deemed appropriate.

(e)    The contingency plan shall be reviewed and amended when any of the following occur:

1.    The facility permit is revised.

2.    Applicable regulations are revised.

3.    The plan fails in an emergency.

4.    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.

D.    Monitoring:

1.    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.

2.    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.

E.    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:

1.    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.

2.    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.

4.    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 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.

5.    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.

6.    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 8.60.070.F below.

F.    Financial Responsibility:

The owner/operator shall show proof of liability insurance as follows:

1.    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.

2.    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.

3.    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 gross 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.

4.    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.

8.60.080 Local Assessment Committee (LAC).

A.    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 with 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.

B.    The approval body shall provide staff resources to assist the LAC in performing its duties. (Requirement of Section 25199.7(d)(3) of the California Health and Safety Code.)

C.    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 California Health and Safety Code.)

8.60.090 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 Chapter 8.100, Conditional Use Permits, of the City of Dublin Zoning Ordinance.

8.60.100 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.

D.    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 8.60.060.

8.60.110 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.

8.60.120 Time Limits.

A.    A Conditional Use Permit granted for an off-site hazardous waste facility shall be exercised within three (3) years from the effective date thereof, 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.

B.    Permit review and renewal shall be determined at the time of approval and shall not exceed five (5) years.

8.60.130 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 8.60.040, 8.60.060 and 8.60.070 where the data are determined to be nonessential for the approval of the permit.