HomeMy WebLinkAboutOrdinance #2781 ORDINANCE NO. 2781
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 LANDFILL EXCAVATIONS AND HAZARDOUS
WASTE SITES
The City Council of the City of Huntington Beach does
ordain as follows:
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding sections 9331.1.1 through 9331.1.8 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 disposal sites, except in
the Sl district, subject to the requirements set out in this
article.
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9331 .1.2. LANDFILL EXCAVATIONS AND LAND DISPOSAL SITE.
DEFINITIONS. The following words and phrases shall be con-
strued as defined herein unless a different meaning is apparent
from the context:
(a) "Excavation" shall mean any activity and/or movement
of material which exposes waste to the atmosphere.
(b) "Land disposal site" shall mean any site where land
disposal of Group I, II or III waste, as defined by the
California Administrative Code, has been deposited either le-
gally or illegally on or into the land, including but not lim-
ited to landfill, surface impoundment, waste piles, land
spreading, sumps, and coburial with municipal refuse.
This article is not intended to apply to grading and
surcharging operations permitted under Appendix Chapter 70 of
the Uniform Building Code. Permits for grading on previously
approved development projects shall be subject to the
discretion of the Director of Development Services.
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
1.
the Director of Development Services. Such plan shall include
complete information regarding the identity, quantity and char-
acteristics of the material being excavated, including a chemi -
cal analysis performed by a laboratory, acceptable to the city,
together with the mitigation measures that will be used to in-
sure that health hazards, safety hazards, or nuisances do not
result from such activity.
(b) Mitigation measures contained in the operations plan
may include gas collection and disposal of waste, encapsula-
tion, covering waste, chemical neutralization, or any other
measures deemed necessary by the city.
(c) Ambient air quality monitoring, as well as other moni-
toring or testing deemed reasonably necessary, shall be in-
cluded in the operations plan.
9331.1.4. EXCAVATION ACTIVITY. APPROVAL OF OPERATIONS
PLAN. (a) The city shall not approve an operations plan un-
less 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 occur 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 opera-
tions plan, shall be implemented immediately.
9331.1.5. HAZARDOUS WASTE SITES. For any land disposal
site determined to be a hazardous waste site by the state
Department of Health Services and/or the City of Huntington
Beach, the following additional 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 notice 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 accord-
ance with the requirements of the state Department of Health
Services, and any other public agency with jurisdiction over
2.
hazardous waste sites.
9331.1.6. CONTENTS OF OPERATION PLAN. The operations plan
shall contain the following:
(a) A plan establishing lines of authority and responsi-
bility 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 ex-
posure of on-site workers or area residents to unhealthful va-
pors from the site. If deemed necessary by the state
Department of Health Services, the plan shall also include spe-
cific measures for evacuation of residents in the vicinity of
the site.
(c) A plan showing specific routes for vehicles trans-
porting 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. EXEMPTIONS. The following activities shall be
exempt from the requirements of this article unless otherwise
determined by the Director of Development Services:
(a) The drilling of holes up to twenty-four (24) inches in
diameter for telephone or power transmission 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 ar-
ticle 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 ap-
plicable regulations of other public agencies with jurisdiction
over hazardous waste sites have been met.
3.
(b) Compliance with the provisions of this article shall
not exempt any person from .failing to comply with the require=
ments of the California Health and Safety Code, and any other
applicable 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 regular meeting thereof held on the 19th
day of August 1985.
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•
Mayor
ATTEST: APPROVED AS TO FORM:
GAIL HUTTON, Cit Attorney
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• Cif/
By
City Clerk Deputy-CiW Attorney
REVIEWED AND APPROVED: INITIATED AND PPROVED:
City Administrator irector of evelopment
Services
3357/0185L
RCS:ahb
8/9/84; 2/28/85; 5/15/85; 7/3/85
4.
Ord. No. 2781
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
adjourned meeting thereof held on the 6th day of August
19 85 , and was again read to said City Council at a regular
meeting thereof held on the 19th day of August 19 85 , and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Finley, Green, Thomas
NOES: Councilmen:
None
ABSENT: Councilmen:
None
NOT VOTING: Councilmen: Mandic
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I. MCW M. Wentworth CITY CLERIC of the City of
Huntington Beach and eaaottida CIWt at the City
Council. do hereby Certify that a Synopsis of this
ordinance has been published in the Huntington
Beach independent on
in accorCj!,,�c with the City Charier of said City.
ALICIA M. WENTWORTN ............................
City Clerk
Cock
;duty City Clerk
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