Resolution No. 5730
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RESOLUTION NO. 5730
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A CONDITIONAL USE
PERMIT TO ALLOW N.I. INDUSTRIES, INC. TO
EXPAND THE VOLUME OF OFF-SITE HAZARDOUS
WASTES ACCEPTED AT ITS EXISTING HAZARDOUS
WASTE TREATMENT FACILITY AT 5215 BOYLE AVENUE
WHEREAS, N.I. Industries, Inc. has applied for a
conditional use permit to allow it to expand the volume of
off-site hazardous wastes accepted at its existing hazardous
waste treatment facility at 5215 Boyle Avenue; and
WHEREAS, the City Council of the City of Vernon held
a hearing on said application for a conditional use permit on
March 20, 1990; and
WHEREAS, the existing hazardous waste facility was
in operation prior to the City's requirement of a conditional
use permit for this type of operation, and therefore is a
grandfathered use, with respect to off-site treatment of haz-
ardous waste from its sister divisions/subsidiaries; and
WHEREAS, the proposed expansion in off-site hazard-
ous wastes to be accepted at the facility requires a condi-
tional use permit under Sections 26.3.5-3(b) and 26.5.2-11 of
the Zoning Ordinance; and
WHEREAS, the existing hazardous waste treatment
facility has been operating under permits issued by the
California Department of Health Services and the County
Sanitation District, and all environmental aspects with
regards to the operation of the facility have been reviewed
and approved by these agencies; and
WHEREAS, N.I. Industries, Inc. is not proposing to
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1 increase the capacity of the facility, therefore the City
2 has concentrated its environmental review on the transporta-
3 tion issues resulting from the proposed expansion in off-site
4 wastes accepted at the facility; and
5 WHEREAS, the proposed site is adequate in size,
6 shape and topography for the proposed operation, has adequate
7 drainage, and landscaping if required will be installed pur-
8 suant to the Vernon City Code; and
9 WHEREAS, the proposed site is surrounded by in-
10 dustrial uses compatible with the proposed use and no adverse
11 effect from traffic, parking noise, odors, dust, smoke, light
12 or glare, or risk of fire, infection or explosion is an-
13 ticipated from the proposed operation; and
14 WHEREAS, the site has access to 54th Street and
15 Boyle Avenue; and in order to mitigate any environmental im-
16 pact traffic will be required to travel on routes as shown on
17 attached Exhibit "A". All streets are of an adequate
18 pavement-type to handle the traffic generated from the
19 proposed operations; and
20 WHEREAS, the site is required to have adequate off-
21 street parking and loading facilities in accordance with the
22 Vernon City Code; and
23 WHEREAS, the conditions imposed on the conditional
24 use permit will adequately protect the public health, safety
25 and general welfare and the operation is consistent with all
26 applicable rules and laws of the City of Vernon; and
27 WHEREAS, the proposed use as to location, operation,
28 and design is consistent with the General Plan and Zoning Or-
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1 dinance of the City of Vernon.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
3 OF THE CITY OF VERNON AS FOLLOWS:
4 SECTION 1: The City Council of the City of Vernon
5 hereby finds and determines that the recitals contained
6 hereinabove are true and correct.
7 SECTION 2: The conditional use permit to N.I. In-
8 dustries, Inc. for the expansion of its existing hazardous
9 waste treatment facility at 5215 Boyle Avenue to accept off-
10 site hazardous waste is granted.
11 SECTION 3: In order to adequately protect the
12 public health, safety and general welfare the following condi-
13 tions are imposed:
14 a. The facility shall be operated in accordance
15 with the appropriate codes, rules, regulations, permit fees
16 and business license fees as adopted by the City of Vernon
17 and all Federal, State or local control agencies.
18 b. The facility shall employ and maintain an emer-
19 gency response team for the purpose of responding to any
20 spills on-site or on City streets, of substances designated
21 for processing at the facility. The emergency operations plan
22 shall be approved by the City Health and Fire Departments.
23 c. Existing structures on the hazardous waste site
24 must meet all current uniform code requirements as adopted by
25 the City of Vernon.
26 d. Vehicles hauling hazardous materials to and from
27 the project site shall be limited to the routes shown on
28 attached Exhibit "A".
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1 e. All waste haulers are required to be certified
2 and Department of Transportation (D.O.T.) approved trans-
3 porters.
4 f. N.I. Industries shall inform their customers
5 that as a condition of doing business with N.I. Industries, a
6 letter and map must be provided to all waste hauling operators
7 informing them that if any waste hauler is observed outside
8 the designated routes the hauler/driver will be banned from
9 future hauling to N.I. Industries facility.
10 g. No off-site waste generator is allowed to be a
11 waste treatment customer until the waste to be treated has
12 been fully profiled (to identify its constituents and
13 concentration) and found to be fully treatable.
14 h. Once the waste has been profiled and found ac-
15 ceptable the customer is allowed to ship, on a hazardous waste
16 manifest with a licensed hauler, the waste to N.I. IS Vernon
17 treatment facility.
18 i. The waste shipment is not accepted at the treat-
19 ment facility unless the manifest data matches the profile.
20 The wastes are not unloaded until they have again been sampled
21 and found to conform with the profile.
22 j. Once the test results and paperwork confirm the
23 treatability of the waste, it is pumped out of the transporter
24 tank and into a holding tank.
25 k. Only after the waste treatability has been com-
26 pletely confirmed by laboratory test, are the off-site wastes
27 treated, neutralized and separated in clean water and recycl-
28 able damp cake containing valuable heavy metals.
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1 1. The facility shall be operated in accordance
2 with the parameters contained in the document entitled "N.I.
3 Industries, Pollution Abatement Facility, Air Emissions Hazard
4 Assessment" which was prepared by ICF Technology, dated March
5 26, 1990, and attached to said letter, unless modified by per-
6 mit issued by other agencies.
7 m. The property shall be landscaped as approved by
8 the Director of Community Services.
9 n. All on-site areas subject to a possible spill
10 must be paved with Portland Cement Concrete and surrounded
11 by impervious sidewalls with sufficient capacity to contain
12 spills and to prevent rainwater from carrying pollutants to
13 ground or surface waters.
14 o. Approval must be secured from Regional Water
15 Quality Control Board for any surface drainage water that en-
16 ters storm drain system.
17 p. All necessary permits and approvals must be ob-
18 tained from applicable federal and state agencies including
19 but not limited to the Los Angeles County Sanitation District
20 and the California Department of Health Services. All permits
21 shall be secured prior to the acceptance of any off-site
22 wastes.
23 q. A fifty (50) foot curb return with sidewalk and
24 handicap ramp shall be constructed at the northwest corner of
25 Boyle Avenue and 54th Street. Said construction shall also
26 include power pole and catch basin relocation. Sufficient
27 right-of-way shall be deeded to the City for the construction.
28 All cracked or broken curb, gutter, sidewalk, driveway or curb
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drains shall be repaired as directed by the Director of Com-
munity Services. Where parking adjoins a public street a
masonry wall not less than 30 inches in height shall be con-
structed, except at driveways, walkways or where other open-
ings are necessary.
r. N.I. Industries shall indemnify, hold harmless,
and defend the City of Vernon, its officers, agents, and
employees from and against any and all claims, complaints, or
petitions for (1) damages, losses, expenses resulting from
bodily injury, sickness, disease, disability or death exclud-
ing therefrom any such claim resulting from the gross
negligence or intentional wrongdoing of the City of Vernon,
its officers, agents or employees, (2) a peremptory writ or
other relief by way of injunction, mandamus, or administrative
mandamus, or (3) legal expenses and attorney's fees incurred
by the City of Vernon or awarded against the City of Vernon on
behalf of any party in such a proceeding. The City of Vernon
does not waive its right to participate in the defense of any
such action.
s. This conditional use permit and its conditions
shall be accepted by N.I. Industries, Inc. by a written in-
strument, executed and acknowledged, filed with the City
Clerk within seven (7) days of its approval, stating that the
recitals and conditions are correct. If said acceptance
is not so filed, this permit shall be null and and void and
of no effect.
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SECTION 4: The City Clerk of the City of Vernon
shall certify to the passage of this resolution and thereupon
and thereafter the same shall be in full force and effect.
ATTEST:
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BRUCE V.
APPROVED AND ADOPTED this 27th day of March, 1990.
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. /L~9NIS C. MALBU ,G, Mayo"
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MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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I BRUCE V. MALKENHORST, City Clerk of the City of
Vernon do hereby certify that the foregoing Resolution being
Resolution No. 5730, was duly adopted by the City Council of
the City of Vernon, at an adjourned regular meeting of the
City Council held on Tuesday, March 27, 1990 and thereafter
duly signed by the Mayor of
s~/tty. /~~~
BRUCE V. MALfENHORST, City Clerk
(SEAL)
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