§ 9-1-45.22. Hazardous waste and materials.

(a)

Hazardous materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in subsection (b) of this section:

(1)

Hazardous materials disclosure requirements. Prior to issuance of a certificate of occupancy for any land use listed in paragraph (2) of this subsection, the applicant shall comply with title 6, division 3, article 4 of this Code in a manner approved by the fire chief.

(2)

Hazardous waste management. Prior to issuance of a certificate of occupancy for any land use listed in paragraph (2) of this subsection, the applicant shall provide plans or identify measures to comply with health and safety code section 25100 et seq. and administrative code title 22 in a manner approved by the health care agency and sewering agency.

(3)

Underground storage tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with health and safety code section 25280 et seq. and administrative code title 23 in a manner approved by the health care agency.

(b)

Applicability. The requirements of subsection (a) pertaining to hazardous materials shall apply to the following land uses:

(1)

Automotive and vehicle maintenance, repair or painting.

(2)

Chemical and commercial cleaning product distribution or sales.

(3)

Cleaners, self-service laundries and vehicle washes.

(4)

Home improvement product, lumber and hardware sales.

(5)

Manufacturing.

(6)

Medical facilities.

(7)

Metal plating.

(8)

Mining and extraction.

(9)

Nurseries.

(10)

Oil and gas exploration and extraction.

(11)

Paint and finishing product sales.

(12)

Photo processing.

(13)

Recreation facilities such as golf courses, yacht clubs and amusement parks.

(14)

Recycling or resource recovery with potential for contact with hazardous materials.

(15)

Research, laboratory and testing facilities.

(16)

Service stations.

(17)

Transportation service facilities.

(18)

Utilities.

(19)

Waste disposal and treatment operations.

(20)

Wrecking and salvage facilities.

(21)

Other generation of hazardous waste, including materials to be disposed of by sanitary sewer.

(c)

Offsite hazardous waste facilities.

(1)

Offsite hazardous waste facilities may be established in the BP district if a use permit is approved in accordance with section 9-1-114. Such facilities shall be subject to the requirements of subsection (c) of this section. In addition, all such facilities shall comply with the siting standards and approval procedures established by the Orange County hazardous waste management plan and shall be subject to the provisions of section 25135 et seq. of the state health and safety code.

(2)

Definition. For the purposes of this section, the term "offsite hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to:

a.

Incineration facilities (i.e. rotary kiln, fluid bed, etc.);

b.

Residual repository (i.e. receiving only residuals from hazardous waste treatment facilities);

c.

Stabilization/solidification facilities;

d.

Chemical oxidation facilities;

e.

Neutralization/precipitation facilities; or

f.

Transfer/storage facilities.

(d)

Authority to suspend operations approval of any hazardous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons.

(Ord. No. 99-107, § 5, 2-2-99)