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HomeMy WebLinkAboutOrdinance #2724 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTIONS 9331 .1. 1 THROUGH 9331. 1.8 RELATING TO EXCAVATION OF LANDFILLS OR LAND DISPOSAL SITES The City Council of the City of Huntington Beach does ordain as follows: SECTION 1 . The Huntington Beach Ordi ance Code is hereby amended by adding thereto sections 9331 . . 1 through 9331. 1 .8 to read as follows: 9331 .1 . 1. LANDFILLS OR LAND DIS OSAL SITES. CONDITIONAL USE PERMIT REQUIRED. A conditional use permit may be granted for excavation of landfills or land disposal sites except in the Al, SP-1 and S1 districts subject to/the requirements set out in this article. 9331 .1.2 . LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE. DEFINITIONS . The followi/adifferent ords and phrases shall be construed as defined herein unless meaning is apparent from the context: (a) "Excavation" shall mean any activity and/or movement of earth which exposes buried ried waste to the atmosphere. (b) "Land disposal site" shall mean any landfill, authorized as such by a public agency, where land disposal of Class I, II or III waste, as deffined ,by the California Administrative Code, has been deposited Blither legally or illegally on or into the land, including but not limited to landfill, surface impoundment, waste piles, land spleading, sumps, and coburial with municipal refuse. 9331 .1 .3 , EXCAVATION ACTIVITY. OPERATIONS PLAN REQUIRED. (a) No person shall conduct any excavation activity at any land disposal site in the city of Huntington Beach without first submitting to the city an operations plan, approved by the Director of Development Services. Such plan shall include completinformation regarding the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a labor§ ff y, acept�able �¢ the city, together with the mitigation me svr thaLt will be used to IMAKEN ahb 8/11/84 (a) 1. 6 -notes L insure that health hazards, safety hazards, or nuisances do not result from such activity. (b) Mitigation measures included in the operations plan may include gas cc,llection and disposal of waste, encapsulation, covering waste, chemical neutralization, or any other measures deemed necessary by the city. (c) Ambient air quality monitoring, as well as othe monitoring or testing deemed reasonably necessary, sha be included in the operations plan. 9331.1.4. EXCAVATION ACTIVITY. APPROVAL OF OP RATIONS PLAN. (a) The city shall not approve an operations lan unless such plan includes provisions for the immediate cessa ion of excavation activity when the operator, or any agent thereo , of a land disposal site has been notified by the city t t a nuisance, health or safety hazard has or is about to o ur as a result of such activity therein. (b) Upon determination by any govern ent agency that a nuisance, safety or health problem exist on any land disposal site in the city, mitigation measures, ontained in the operations plan, shall be implemented immediately 9311.1.5. HAZARDOUS WASTE SITES. For any land disposal site determined to be a hazardous waste s to by the state Department of Health Services, the following addi/ ional measures shall be taken prior to excavation of such site: (a) All property owners within a one-half mile radius of the site shall receive written notice /of all public hearings to be held regarding proposed excavation on the site. The cost of preparing and mailing such noticg shall be paid by the operator/applicant. (b) A type of bond, accep able to the City Attorney, shall be posted by the operator/applic nt insuring that necessary funds are available to restore the sit to a safe condition if excavation is prematurely terminated. (c) Excavation of th site shall be performed in accordance with the requirementts o the state Department of Health Services, and any other public ag cy with jurisdiction over hazardous waste sites . 9331 .1.6. CONTENT OF OPERATION PLAN. The operations plan shall contain the following: AMR mu 2 . (a) A plan formalizing lines of authority and responsibility 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 monit r air quality to be implemented during excavation to prevent the exposure of on-site workers or area residents to unhealthful vapors from the site. If deemed necessary by the state Department of Health Services, the plan shall also include pecific measures for evacuation of residents in the vicinity of the site. (c) A plan showing specific routes for vehicles transporting hazardous wastes from the site. (d) A plan containing specific ste s for restoration of the site to a safe condition if excavation is terminated prematurely. 9331 .1 .7 . EXEMPTIONS. The foll wing activities shall be exempt from the requirements of thi article unless otherwise determined by the Director of Deve opment Services: (a) The drilling of holes u to twenty-four (24) inches in diameter for telephone or power ransmission poles or their footings. (b) The drilling of oil wrlls, gas wells or landfill gas collection wells or• the maintenance of gas or 'leachate collection systems . (c) The city may exempt from the requirements of this article any excavation activity which has been determined to pose an insignificant risk, or any/activity which has been covered sufficiently in a plan prepared for any other agency having jurisdiction over the site. 9331. 1.8. EXCAVATION ACTIVITY PROHIBITED. (a) No person shall excavate at any land disposal site in the city of Huntington Beach unless he or she first certifies that all applicable regulations of other public agencies with jurisdiction over hazardous waste sites als well as the requirements of this article have been met. (b) Compliance w ' th the provisions of this article shall not exempt any person fr m failing to comply with the requirements of the California Healt and Safety Code, and any other applicable codes, rules or regu ations. SECTION 2 . This ordinance contains regulations designed to 1 3 . L r protect the residents and environment in the area of any landfill or land disposal site in this city, and is necessary for the preservation of the health, safety and welfare of the community This ordinance shall become effective on September 4, 1984, at the expiration, of the moratorium placed on excavation activity and processing of wastes by Ordinance No. 2661. SECTION 3 . The City Clerk shall certify to the assage of this ordinance and shall cause same to be publish d within fifteen days of its adoption in the Huntington each Independent, a newspaper of general publication. PASSED AND ADOPTED by the City Council f the City of Huntington Beach at a regular meeting the of held on the day of , 1984. ------------------ -------------------------- Mayor ATTEST: APPROVED AS TO FORM: ju-- City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administ ator f hector of Development Services 4.