HomeMy WebLinkAboutOrdinance #2723 ORDINANCE NO. a
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING SECTIONS 9331.1. 1 THROUGH 9331. 1.7
RELATING TO EXCAVATION OF LANDFILLS OR LAND
DISPOSAL SITES
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The City Council of the City of Huntington Be ch does ordain
as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto sections 9331.1. 1 rough 9331.1.7. to
read as follows:
9331 .1.1. LANDFILLS OR LAND DISPOSAL SITES. CONDITIONAL USE
PERMIT REQUIRED. A conditional use permit may be granted for
excavation of landfills or land disposa sites except in the Al,
SP-1 and S1 districts subject to the r quirements of this article.
9331.1 .2 . LANDFILL EXCAVATION A D LAND DISPOSAL SITE.
DEFINITIONS . The following words a d phrases shall be construed
as defined herein unless a differe t meaning is apparent from the
context:
(a) "Excavation" shall mea any activity and/or movement of
earth which exposes buried was a to the atmosphere.
(b) "Land disposal site" shall mean any site where land
disposal of Class I, II or XI waste, as defined by California
Administrative-Code, has b en deposited either legally or
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illegally on or into the nd, including but not limited to
landfill, surJAA
mpoun Ent, waste piles, land spreading,
sumps, and cowit municipal refuse.
9331.1.3 . VAT ON ACTIVITY. OPERATIONS PLAN REQUIRED.
(a) No psh 11 conduct any excavation activity at any
land disposali the city of Huntington Beach without first
submitting toi y an operations plan, approved by the
Director of Dent Services . Such plan shall include
complete infon regarding the identity, quantity and
characteristithe material being excavated, including a
chemical analerformed by a laboratory, acceptable to the
city, togethe the mitigation measures that will be used to
insure that health hazards, safety hazards , or nuisances do not
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(b) 1`3A K[E H
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result from such activity.
(b) Mitigation measures included in the opera/ERATIONS
may
include gas collection and disposal of waste, enca
covering waste, chemical neutralization, or any ots
deemed necessary by the city.
(c) Ambient air quality monitoring, as well a
monitoring or testing deemed reasonably necessary,
included in the operations plan.
9331 .1 .4. EXCAVATION ACTIVITY. APPROVAL OF O
PLAN. (a) The city shall not approve an operatiins plan unless
such plan includes provisions for the immediate cessation of
excavation activity when the operator, or any agent thereof, of a
land disposal site has been notified by the city that a nuisance,
health or safety hazard has or is about to oc ur as a result of
such activity therein.
(b) Upon determination by any government agency that a
nuisance, safety or health problem exists on any land disposal
site in the city, mitigation measures, contained in the
operations plan, shall be implemented im-mediately.
9311 .1 .5 . HAZARDOUS WASTE SITES: For any land disposal site
determined to be a hazardous waste s ' a by the state Department
of Health Services, the following additional measures shall be
taken prior to excavation of such P te:
(a) All property owners witlyin a one-half mile radius of the
site shall receive written notification of all public hearings to
be held regarding proposed exca ation on the site. The cost of
preparing and mailing said not ' fication shall be paid by the
operator/applicant.
(b) A type of bond, acceptable to the City Attorney, shall
be posted by the operator/applicant insuring that necessary funds
are available to restore th� site to a safe condition if
excavation is prematurely/erminated.
(c) Excavation of th site shall be performed in accordance
with the requirements of7the state Department of Health Services,
and any other public agency with jurisdiction over hazardous
waste sites.
9331.1.6. CONTENTS OF OPERATION PLAN. The operations plan
shall contain the following:
a
(a) A plan formalizing lines of authority and responsibility
2.
between public agencies and the operator/applicant, or his
agents, during excavation. The plan shall contain specific
procedures to be followed by all responsible parties involved
with the excavation.
(b) A plan containing specific measures to monitor air
quality to be implemented during excavation to preven the
exposure of on-site workers or area residents to unhealthful
vapors from the site. If deemed necessary by the s0te
Department of Health Services, the plan shall also/include
specific measures for evacuation of residents in she vicinity of
the site.
(c) A plan showing specific routes for ve icles transporting
hazardous wastes from the site.
(d) A plan containing specific steps for restoration of the
site to a safe condition if excavation is terminated prematurely.
9331 .1 .7 . EXCAVATION ACTIVITY PROHI TED. (a) No person
shall excavate at any land disposal sit in the city of
Huntington Beach unless he or she firs certifies that all
applicable regulations of other publiE agencies with jurisdiction
over hazardous waste sites have been met_.
(b) Compliance with the provi ions of this article shall not
exempt any person from failing to comply with the requirements of
the California Health- and Safety Code, and any other applicable
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codes, rules or regulations .
SECTION 2 . This ordinance shall take effect thirty days
after its passage.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regul/r meeting thereof held on the
dayof 984.
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ATTEST:
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Mayor
City Clerk
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REVIEWED AND APPROVED: APPROVED AS TO FORM:
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ity Admini rator City Attorney
INITIATED AND APPROVED:
6/4Director o Development
Services
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