Resolution No. 5918
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RESOLUTION NO. 5918
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON GRANTING A CONDITIONAL USE
PERMIT TO ALLOW BFI MEDICAL WASTE SYSTEMS OF
CALIFORNIA, INC. TO OPERATE A HAZARDOUS WASTE
TREATMENT FACILITY AT 2775 26TH STREET
WHEREAS, BFI Medical Waste Systems of California,
Inc. has applied for a conditional use permit to allow them to
operate a hazardous waste treatment facility at 2775 26th
Street; and
WHEREAS, the City Council of the City of Vernon held
a hearing on said application for a conditional use permit on
May 7, 1991; and
WHEREAS, the original hazardous waFte treatment
facility was in operation prior to the City'S requirement of a
conditional use permit for this type of operation, and there-
fore has been a grandfathered use; and
WHEREAS, the expansion in Off-site hazardous wastes
managed at the facility and new equipment 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 original 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
by these agencies; and
WHEREAS, the California State Department of Health
Services, Toxic Substances Control Division, has prepared a
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2 Negative Declaration in accordance with the California En-
3 vironmental Quality Act and the state guidelines, therefore
4 the City has concentrated its environmental review on the
5 transportation issues resulting from the proposed expansion in
6 off-site wastes accepted at the facility; and
7 WHEREAS, the site is adequate in size, shape and
8 topography for the operation, has adequate drainage, an~
9 landscaping if required will be installed pursuant to the Ver-
10 non City Code; and
11 WHEREAS, the site is surrounded by industrial uses
12 compatible with the proposed use and no adverse effect from
13 traffic, parking, noise, odors, dust, smoke, light or glare,
14 or risk of fire, infection or explosion is anticipated from
15 the operation; and
16 WHEREAS, the site has access to 26th street; and in
17 order to mitigate any environmental impact, traffic will be
18 required to travel only on arterials and collector streets as
19 shown on the City of Vernon Master Plan of Streets. All
20 streets are of an adequate pavement-type to handle the traffic
21 generated from the operations; and
22 WHEREAS, the site is required to have adequate off-
23 street parking and loading facilities in accordance with the
24 Vernon City Code; and
25 WHEREAS, the conditions imposed by the conditional
26 use permit will adequately protect the public health, safety
27 and general welfare and the operation is consistent with all
28 applicable rules and laws of the City of Vernon; and
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2 WHEREAS, the use as to location, operation, and
3 design is consistent with the General Plan and Zoning Or-
4 dinance of the City of Vernon.
5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
6 OF THE CITY OF VERNON AS FOLLOWS:
7 SECTION 1: The City Council of the City of Vernon
8 hereby finds and determines that the recitals contained
9 hereinabove are true and correct.
10 SECTION 2: The conditional use permit to BFI Medi-
11 cal Waste Treatment Systems of california, Inc. for the
12 operation of a hazardous waste treatment facility at 2775 26th
13 street is granted.
14 SECTION 3: In order to adequately protect the
15 public health, safety and general welfare the following condi-
16 tions are imposed:
17 a. The facility shall be operated in accordance
18 with the appropriate codes, rules, regulations, permit fees
19 and business license fees as adopted by the City of Vernon and
20 all federal, state or local control agencies. BFI shall pay
21 the business license tax as outlined in City of Vernon Or-
22 dinance No. 991.
23 b. All necessary permits and approvals must be ob-
24 tained from applicable federal, state and local regulatory
25 agencies including but not limited to the Los Angeles county
26 Sanitation District, South Coast Air Quality Management Dis-
27 trict and the California Department of Health Services. All
28 permits shall be secured prior to the operation of the
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2 proposed autoclave unit.
3 c. The facility shall acc::ept wastes and operate
4 only as approved by the California state Department of Health
5 services and Los Angeles County Sanitation District.
6 d. Existing structures on the site shall meet all
7 current uniform code requirements as adopted by the city of
8 Vernon. All structures shall be permanent.
9 e. BFI Medical Waste Systems of california, Inc.
10 shall prepare an emergency operations plan with provisions to
11 employ and maintain an emergency response team for the purpose
12 of responding to any spills on-site, on City streets, on rail-
13 road rights-of-way, or elsewhere of substances designated for
14 processing at the facility or to contract for said services.
15 The emergency operations plan shall be approved by the City
16 Health and Fire Departments.
17 f. Vehicles hauling wastes to and from the project
18 site shall be limited to arterials and collectors within the
19 City of Vernon as shown on the City of Vernon Master Plan of
20 streets.
21 g. Only wastes that have been profiled and found
22 acceptable for processing or storage by BFI Medical Waste Sys-
23 tems of California, Inc. may be allowed to be shipped to the
24 facility. Wastes shall be transported by a licensed hauler and
25 logged at the facility.
26 h. Approval must be secured from the Regional Water
27 Quality Control Board for any surface drainage water that
28 enters the storm drain system.
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2 i. Wastes shall be stored in accordance with the
3 California Department of Health Services Regulations and must
4 be in compliance with all city of Vernon Codes.
5 j. BFI Medical Waste Systems of California, Inc.
6 shall keep a full account of all wastes managed at the site.
7 This account shall be made available to the Vernon Fire and
8 Health Departments at all times. At the end of each calendar
9 year BFI Medical Waste Systems of California, Inc. shall give
10 to the City an accounting of the total amount of wastes
11 managed at the site and the total gross receipts for the
12 facility. Financial Statements shall be available for City
13 of Vernon audit.
14 k. The facility and its logs shall be subject to
15 inspection during business hours by City of Vernon police of-
16 ficers, fire officers, andlor environmental health employees.
17 1. The facility must be operated in a manner that
18 prevents unsanitary conditions, odors, and other nuisances.
19 m. BFI Medical Waste Systems of California, Inc.
20 shall indemnify, hold harmless, and defend the City of Vernon,
21 its officers, agents, and employees from and against any and
22 all claims, complaints, or petitions for damages, losses or
23 expenses for property damage, bodily injury, sickness, dis-
24 ease, disability or death proximately caused or resulting from
25 the operation of the facility. This indemnity extends to
26 civil actions, peremptory writs or other relief by way of in-
27 junction, mandamus or administrative mandamus, or the legal
28 expenses and attorney's fees incurred by the city of Vernon or
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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. Any
such claim resulting from the gross negligence or intentional
wrongdoing of the City of Vernon, its officers, agents or
employees shall be excluded.
n. This conditional use permit and its conditions
shall be accepted by BFI Medical Waste systems of California,
Inc. by a written instrument, executed and acknowledged, filed
with the City Clerk within ten (10) business days of its ap-
proval, stating that the recitals and conditions are correct.
If said acceptance is not so filed, this permit shall be null
and void and of no effect.
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.
APPROVED AND ADOPTED this 7th day of May, 1991.
~
:':LEONIS c.w.e- G, May- r ... .
ATTEST:
4-
~~a~
MALKENHORST, City Clerk
BRUCE V.
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STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
I BRUCE V. MALKENHORST, City Clerk of the City of
Vernon do hereby certify that the foregoing Resolution being
Resolution No. 5918, was duly adopted by the City Council of
the City of Vernon, at a regular meeting of the City Council
held on Tuesday, May 7, 1991 and thereafter duly signed
by the Mayor of said City.
(SEAL)
~.....~~
BRUCEV. ~mHORST ,CtyClerk
7
OF
ill&@&uwrt .:.:
HAY 2 0 199i. @
ACCEPTAN~trY AOMINlST~ .
. CITY OF. . TOR's OFFiCE:
CALIFORNIA, INc.,~~ledges
BFI MEDICAL WASTE SYSTEMS OF
and agrees:
1. That it is the applicant for a conditional use permit to
process off-site hazardous waste at 2775 E. 26th street
Vernon, California.
2. That it has received a copy of Resolution No. 5918
granting .the conditional use permit/which was approved
on May 7, 1991, by the City council of the City of
Vernon.
3. That it has read said Resolution,'and that the state-
ments and recitals therein are true and correct.
4. That it will comply with and accepts all of the
conditions of said conditional use permit.
Executed this
16TH day of MAY
1991 at
PASADENA
, California.
B~~~
Name: DENNIS PAUL FENTON
---.
Title: VICE PRESIDENT
CORPORATE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
() ) ss.
COUNTY OF L /}S ~' lis )
=~~~~fyO~~;~.,te~~~~OWA~~iic.irt~~:~:~;~ii
to me (or proved to me on the bas~s of satisfactory evidence) to
be the person(s) who executed the within instrument as President
or Secretary on behalf of the corporation therein named, and ac-
knowledged to me that such corporation executed the within in-
strument (pursuant to its bylaws or a resolution of its board of
directors).
an, ~ial
rSlUVf\/ ~. .~--r
(name typ~d or pr~nted)
seal.
omCIALSEAL
mlYNlSCOlT
. NOTARY PUBLJC.CAlfORNlA
LOS ANGELES COUNTY
My Comm. ExQirU Noll. 27; 1992
(notarial seal)