Chapter 13. Hazardous Waste Management Plan

Article 1. Purpose

Sec. 10-13.101 Purpose.

The purpose of this Chapter is to implement the Hercules Hazardous Waste Management Plan for the establishment of uniform standards in order to control the location, design and maintenance of hazardous waste facilities and to protect the health and environment of the residents of the City of Hercules. (Ord. 294 Div. 1 (part), 1990)

Article 2. Procedures

Sec. 10-13.102 Applicability.

All hazardous waste facility projects, as defined in the Health & Safety Code, require a conditional use permit pursuant to the requirements of this Chapter and Chapter 1, Title 10, of the City of Hercules Municipal Code. The local permitting process is intended to assure adequate protection of public health and the environment without imposing undue restrictions on projects.

All hazardous waste facility projects must meet the criteria within the Hercules Hazardous Waste Management Plan. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.103 Specified Hazardous Waste Facility.

All applications for specified hazardous waste facility projects must follow the procedures set forth in Health & Safety Code Sections 25199, et seq., Public Resources Code Sections 21000 – 21177, and Government Code Sections 65920, et seq.

(a) The person, or entity, preparing the documents required by the California Environmental Quality Act shall not be the same person, or entity, which acts as a consultant to the Local Assessment Committee.

(b) All applications for a specified hazardous waste facility project shall contain a proposed public education/participation program to be employed during the local land use decision-making process. Such plan shall be mutually agreeable to the project proponent and the Planning Director.

(c) The Local Assessment Committee, as a unit, shall provide comments on the draft environmental impact report or proposed negative declaration, as appropriate. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.104 Hazardous Waste Facility Projects.

All applications for hazardous waste facility projects which are not specified hazardous waste facility projects shall follow the procedures set forth in Hercules Municipal Code Title 10, Chapter 1, Article 13, in addition to, and consistent with, Public Resources Code Sections 21000 – 21177 and Government Code Sections 65920, et seq. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.105 Applications; Contents of Application.

Every application for a hazardous waste facility project shall be made in writing to the Planning Director on the forms provided by the Planning Department and accompanied by a filing fee. An application shall include, but is not limited to, the following information:

(a) Name and address of the applicant;

(b) Evidence that the applicant is the owner of the premises involved or that it has written permission of the owner to make such application;

(1) Physical dimensions of the property and structures,

(2) Location of existing and proposed structures,

(3) Setbacks and landscaping,

(4) Methods of circulation and parking,

(5) Drainage patterns, ingress and egress,

(6) Storage and processing areas,

(7) Utilization of property under the requested land use permit,

(8) The distance from the project property line to the nearest adjacent structure, and a description and location of such structure,

(9) Proximity of the project to the one hundred (100) year flood prone areas,

(10) Proximity of the project to any known earthquake fault zones,

(11) The relationship of the proposed project to all aboveground water supplies as well as the water table and all known underground aquifers that might be threatened with contamination,

(12) Topographic description of the property and surrounding area,

(13) A preliminary geological study of the property and surrounding area; the depth of soil analysis shall be sufficient to describe any and all known aquifers under the property, regardless of the potability of those aquifers; as well as an identification of the groundwater depth at the property and surrounding area,

(14) Existing and proposed utilities which service or will be required to service the facility,

(15) Vicinity map which indicates, at a minimum, proximity of the project to schools, parks and other community facilities within the City of Hercules;

Sufficiency as to depth and detail to which the facility applicant must address the above elements of the application shall be determined by the Director;

(d) Identification of all wastewater, treated and untreated, generated by the proposed facility and the method and place of final discharge;

(e) An analysis of visual, noise and any olfactory impacts associated with the project and recommended mitigation measures;

(f) An analysis of all anticipated air quality impacts associated with the project and proposed mitigation measures to ensure no degradation of air quality in the area;

(g) Identification of any rare or endangered species of plant or animals within the project site and recommended impact mitigation measures;

(h) Identification of the amounts (in tons), sources and types of hazardous waste to be treated, stored, disposed of at the proposed facility; the ultimate disposition of the wastes, and anticipated life of the facility. This information shall be 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 risk assessment which analyzes, in detail, all probabilities of accidents or spills at the site, transportation related accidents from the point of origin to the facility, and any other probabilities requested by either the Planning Director, the Planning Commission or the City Council. Such analyses shall identify mitigation measures to reduce the identified risks. The risk assessment shall identify the most probable routes for transporting hazardous wastes to the facility;

(j) A plan that identifies an ongoing monitoring program of air, soil and groundwater. The plan shall include any monitoring requirements imposed by other permitting agencies such as, but not limited to, the Bay Area Air Quality Management District, Regional Water Quality Control Board and Department of Health Services;

(k) All applications shall contain a designation of at least two (2) reasonable alternative sites which shall be reviewed pursuant to the California Environmental Quality Act;

(l) An emergency response plan that indicates at a minimum:

(1) That the proposed plan is consistent with any and all applicable county and regional emergency response plans and all city, county, state and federal regulatory requirements regarding emergency response procedure.

(2) Detailed procedures to be employed at the time of emergency for each and every type of chemical substance and emergency, including contingency procedures.

(3) Anticipated impacts on local fire, police and medical services.

(4) Names, home and business addresses, and home and business telephone numbers of all management personnel at the facility, and a detailed description of uncontrolled release and emergency situation reporting procedures.

An application shall not be declared complete until such emergency response plan is approved by the Planning Director, as prescribed in this section. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.106 Mandatory Conditions.

(a) Safety and Security.

(1) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons, livestock or wild animals onto any portion of the facility.

(2) The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility.

(3) Perimeter fencing shall be constructed.

(4) Signs with the legend “DANGER HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT,” shall be posted at each entrance of the facility, and at other appropriate locations. The legend shall be written in English and Tagalog and shall be legible from a distance of at least twenty-five (25) feet. (b) Monitoring.

(1) Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Hercules is authorized to enforce under its police power, city officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

(2) The owner or operator of a facility shall report quarterly to the Planning Department 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 wastes and include a map showing the exact location (coordinates and elevation) of quantities and types of materials placed in repositories or otherwise stored or disposed of onsite. The owner or operator of the facility shall immediately notify the Hercules Police Department and the Rodeo-Hercules Fire District upon receipt of any type of hazardous waste which was not included in the last quarterly report, or upon receipt of any hazardous waste which will be placed in repositories or stored or disposed of at locations other than those locations disclosed in the last quarterly map.

(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 Planning Director.

(4) The emergency response plan shall be updated annually, signed by all management personnel at the facility, and distributed to all local emergency response agencies and the Planning Director.

(1) The City may impose, as necessary, conditions and standards other than those presented and subsections (a) and (b) of this section in order to achieve the purposes of the ordinance codified in this chapter and to protect the health, safety or general welfare of the community.

(2) No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Hercules and not currently being managed by a facility located in Hercules unless satisfactory compensation is made to the City or a joint powers agreement provides otherwise.

(3) 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 land use must be approved by the City before such modifications occur at the facility.

(4) Every hazardous waste facility project must have a contingency operation plan approved by the State Department of Health Services. A copy of the contingency plan shall be maintained at the facility and sent to the local police department, fire department, hospitals and the Contra Costa County Department of Environmental Health.

(5) The owner or operator of a hazardous waste facility project shall, prior to the local land use decision, submit to the Planning Director a written closure plan approved by the State Department of Health Services. All revisions to such closure plans shall also be submitted to the Planning Department.

(6) Prior to issuance of an “occupancy permit” to begin the use identified in the land use decision, the applicant shall show proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or state agency.

(7) The applicant shall indemnify, defend and render harmless the City of Hercules and its City Council, and all officers, employees and agents of the City against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site.

(8) No hazardous waste facility project will be approved if it significantly undercuts incentives for waste minimization by hazardous waste generators.

(9) Owner/operators of all facilities shall prepare and submit an annual emergency response preparedness report to the Planning Director. Such report shall be initialed by each person at the facility who has emergency response responsibilities.

(10) Owners/operators of all facilities shall submit a quarterly air, soil and groundwater monitoring report to the Planning Director.

(11) The facility owner/operator shall be responsible for all costs of responding to a release of hazardous wastes.

(12) Any storage, treatment, disposal or transportation of “extremely hazardous waste,” as defined in Section 25115 of the Health & Safety Code, by the facility owner/operator shall be reported to the Planning Director at least forty-eight (48) hours prior to such storage, treatment, disposal or transportation.

(13) All costs of compliance with this chapter shall be borne by the facility owner/operator.

(14) The City of Hercules may employ any and all methods permitted by law to enforce this chapter. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.107 Findings.

Any action on an application filed pursuant to this Chapter shall set forth findings detailing compliance with this Chapter and findings consistent with the requirements for use permit findings generally, as provided in Title 10, Chapter 1, Article 13 of this code. (Ord. 294 Div. 1 (part), 1990)

Sec. 10-13.108 Duration of Land Use Decision.

The life of the application approval shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion. (Ord. 294 Div. 1 (part), 1990)