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HomeMy WebLinkAboutOrdinance #2725 r ORDINANCE NO. AN 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 Ordinance bode is hereby amended by adding thereto sections 9331. 1. 1 t hough 9331. 1.8 to read as follows: J 9331 .1 .1. LANDFILLS OR LAND DISPOSAL SIrTES. 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 Sl districts subject to the requirements set out in this article. I 9331 .1 .2 . LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE. DEFINITIONS. The following words and phrases shall be construed as defined herein unless a different meaning is apparent from the context: f (a) "Excavation" shall mean any activity and/or movement of earth which exposes buried waste to the atmosphere. (b) "Land disposal site" shall can any landfill, authorized as such by a public agency, where 1 d disposal of Class I , II or III waste, as defined by the Califo nia Administrative Code, has ---------- been deposited either legally or i legally on or into the land, including but not limited to land ill, surface impoundment, waste piles, land spreading, sumps, and coburial with municipal refuse. 9331.1 .3 . EXCAVATION ACTIVI Y. OPERATIONS PLAN REQUIRED. (a) No person shall conduc any excavation activity at any land disposal site in the city f Huntington Beach without first submitting to the city an oper tions plan, approved by the Director of Development Servic S. Such plan shall include complete information regardin the identity, quantity and characteristics of the material being excavated, including a chemical analysis performed by a laboratory, acceptable to the city, together with the mitigation measures that will be used to insure that health hazards, safety hazards, ,or nuisances do not ahb NO AU ION 8/9/84 1.(a) TAKEN L I result from such activity. (b) Mitigation measures included in the operations plan may include gas collection 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 other monitoring or testing deemed reasonably necessary, shall be included in the operations plan. 9331. 1 .4. EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS PLAN. (a) The city shall not approve an operations 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 nZ by the " ty that a nuisance, health or safety hazard has oout to cur as a result of such activity therein. (b) Upon determination bov nment agency that a nuisance, safety or health pr ' sts on any land disposal site in the city, mitigation s, contained in the operations plan, shall be impd immediately. 9311 .1 .5. HAZARDOUS WAST . For any land disposal site determined to be a hazardous ite by the state Department of Health Services, the folloditional IT shall be taken prior to excavation of such site: (a) All property owner within a one-half mile radius of the site shall receive written notification of all public hearings to be held regarding propose excavation on the site. The cost of preparing and mailing said notification 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 the site to a safe condition if excavation is prematurely terminated. (c) Excavation of the site shall be performed in accordance with the requirements of the state Department of Health Services, and any other public agency with jurisdiction over hazardous waste sites. 9331 .1.6. ONTENTS OF OPERATION PLAN. The operations plan shall contain he following: (a) A pla 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 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 specific 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 ' s terminated prematurely. 9331 .1.7 . EXEMPTIONS. The follo ing activities shall be exempt from the requirements of this article unless otherwise determined by the Director of Devel pment Services : (a) The drilling of holes up to twenty-four (24) inches in diameter for telephone or power ransmission poles or their footings. (b) The drilling of oil wells, 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 thXsite. 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 have been met. (b) Compli/nce with the provisions of this article shall not exempt any per on from failing to comply with the requirements of the California Health_ and Safety_Code, and any other applicable codes, rules or�egulations. SECTION 2 . This ordinance shall . take effect thirty days 3 . I after its passage. PASSED AND ADOPTED by the City Council of the City ofHuntington Beach at a regular meeting thereof held on the day of 1984. ------------------ -------------------------- Mayor ATTEST: APPROVED AS TO FORM: -- City Clerk City Attorney REVIEWED AND APPROVED: IN ATED AND APPROVED: City dmin strator irector of Development Services 4.