Resolution No. 6969
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RESOLUTION NO. 6969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING A CONDITIONAL USE PERMIT TO
U.S. FILTER RgCOVERY SERVICES (CALIFORNIA), INC.
FOR A HAZARDOUS WASTE TREATMENT FACILITY AT
5375 BOYLE AVENUE
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Resolution No. 5750 on March 27, 1990 approved a conditional
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WHEREAS, the City Council of the City of Vernon by
use permit for N.I. Industries to operate a hazardous waste
treatment facility at 5215 Boyle Avenue in the City of
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Vernon, under Sections 26.3.5-3(b) and 26.5.2-11 of the
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Zoning Ordinance;
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facility to U.S. Filter Recovery Services (California),Inc.
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WHEREAS, N.I. Industries, Inc. is leasing said
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("U. S. Filter"); and
WHEREAS, U.S. Filter has applied for a conditional
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use permit with a change of address to 5375 Boyle Avenue to
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continue operating said facility, to allow it to expand the
area of the hazardous waste treatment facility and to add a
non-hazardous operation for packaging and shipping carbon
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for filters; and
WHEREAS, the City Council of the City of Vernon
held a hearing on said application for a conditional use
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permit on June 17, 1997 and August 5, 1997; and
WHEREAS, the operation of the hazardous waste
treatment facility by U.S. Filter has been permitted by the
California Department of Toxic Substances Control and the
County Sanitation Districts of Los Angeles County, and all
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environmental aspects with regards to the operation of the
1 facility have been reviewed and approved by these agencies;
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3 WHEREAS, the proposed site is adequate in size,
4 shape and topography for the proposed operation, has
5 adequate drainage, and landscaping, if required, will be
6 installed pursuant to the Vernon City Code; and
7 WHEREAS, the proposed site is surrounded by
8 industrial uses compatible with the proposed use and adverse
9 effects anticipated from the proposed operation have been
10 addressed in the project EIR and the mitigating measures;
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12 WHEREAS, the site has access to 54th Street and
13 Boyle Avenue; and traffic will be required to travel on
14 routes as shown on attached Exhibit "A" in order to mitigate
15 any environmental impact from travel of vehicles in
16 residential areas. All streets are of an adequate
17 pavement-type to handle the traffic generated from the
18 proposed operations; and
19 WHEREAS, the site, as proposed, has adequate off~
20 street parking and loading facilities as required by the
21 Vernon City Code; and
22 WHEREAS, the conditions imposed on the conditional
23 use permit will adequately protect the public health, safety
24 and general welfare and the operation is consistent with all
25 applicable rules and laws of the City of Vernon; and
26 WHEREAS, the proposed use, as to location,
27 operation and design is consistent with the General Plan and
..28 Zoning Ordinance-of the City of Vernon; and
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1 WHEREAS, the City Council has received an
2 Engineer's Report dated June 12, 1997, upon which it has
3 relied in making the foregoing recitals; and
4 WHEREAS, the City Council has made the
5 determinations required by the California Environmental
6 Quality Act for this project, as recited in Resolution No.
7 6971 approved concurrently herewith .
8 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
9 OF THE CITY OF VERNON AS FOLLOWS:
10 SECTION 1: The City Council of the City of Vernon
11 hereby finds and determines that the recitals contained
12 hereinabove are true and correct.
13 SECTION 2: The conditional use permit is granted
14 to U. S. Filter Recovery Services (California) ,Inc. to
15 operate an existing hazardous waste treatment facility at
16 5375 Boyle Avenue and .to expand said facility in accordance
17 with the plans attached to the application and to add a non-
18 hazardous carbon filter packaging operation.
19 qECTION 3: In order to adequately protect the
20 public health, safety and general welfare the following
21 conditions are imposed:
22 a. The facility shall be operated in accordance
23 with all current codes, rules, regulations and subject to
24 permit fees as adopted by the City of Vernon and all
25 Federal, State or local control agencies.
26 b. All required federal, state, local and
27 regulatory agency permits shall be obtained prior to
28 operation including, but not limited to the Los Angeles
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1 County Sanitation District, Regional Water Quality Control
2 Board and the Department of Toxic Substances Control.
3 c. All parking and loading facilities shall be
4 paved and maintained with a hard durable surface material
5 and shall be adequately drained, and kept free of dust, mud,
6 trash and weeds. Where parking or maneuvering areas adjoin
7 the public street a barrier wall or landscaping shall be
8 installed and maintained to meet City standards.
9 d. All existing cracked sidewalk, curb and gutter
10 adjacent to the site on Boyle Avenue and 54th Street shall
11 be repaired and maintained to meet City Standards.
12 e. Vehicles hauling hazardous waste to and from
13 the project site shall be limited to the routes shown on
14 attached Exhibit "A".
15 f. All waste haulers shall be certified and
16 Department of Transportation (D.O.T.) approved transporters.
17 g. u.s. Filter shall inform their customers that
18 as a condition of doing business with u.S. Filter, a letter
19 and map must be provided to all waste hauling operators
20 informing them that if any waste hauler is observed outside
21 the des~gnated routes, the hauler/driver will be banned from
22 future hauling to the u.S. Filter facility.
23 h. The facility shall be operated in compliance
24 with the "Statement of Findings, Overriding Considerations
25 and Mitigation Monitoring Plan for Norris Environmental
26 Services Hazardous Waste Facility Application Environmental
27 Impact Report" dated August 1996 and prepared by the
28 California Department of Toxic Substances Control.
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1 i. The sound level shall not exceed sixty-five
2 (65)dBA or the current ambient environmental noise level,
3 whichever is greater, as measured at or at any point outside
4 the property lines of the property.
5 j. The property shall be landscaped as approved
6 by the Director of Community Services.
7 k. u.s. Filter shall construct a new sewer main
8 on 54th Street from its outfall to Boyle Avenue as approved
9 by the City of Vernon or if u.s. Filter decides not to
10 construct such main, then u.S. Filter shall reduce its
11 discharge rates to below 400 gpm at all times.
12 I. Once the new sewer main has been constructed
13 on 54th Street, U.S. Filter shall not discharge into this
14 new main at rates in excess of 1000 gpm until additional
15 capacity becomes available in the Boyle Avenue sewer main.
16 m. u.s. Filter shall file a revised
17 Business/Contingency Plan which shall provide for an
18 emergency notification policy and a memorandum of
19 understanding (MOU) with Norris Industries (NI) to ensure
20 that all occupants at the 5215 Boyle Avenue and 2929 54th
21 Street lodttionswill be p:J::"omptlyalerted in the event of a
22 significant hazatdous materials incident at the u.S. Filter
23 site. The MOU shall also include a provision to provide an
24 orienta.tion of the U;S. Filter hazardous waste operation to
25 all new tenants/occupants at the adjacent NI site.
26 n. A revised copy of theE}u~iness/Contingency
27 Plan shall be submitted to the Environmental Health
28 D~partment with a copy of the MOU.
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1 o. u.s. Filter shall make all necessary revisions
2 to the hazardous materials inventory and site map to reflect
3 any changes to the types, quantities, storage containers,
4 and storage locations of hazardous materials that result
5 from the facility modifications.
6 p. u.s. Filter shall indemnify, hold harmless,
7 and defend the City of Vernon, its officers, agents, and
8 employees from and against any and all claims, complaints,
9 or petitions for (1) damages, losses, expenses resulting
10 from bodily injury, sickness, disease, disability or death
11 excluding therefrom any such claim resulting from the gross
12 negligence or intentional wrongdoing of the City of Vernon,
13 its officers, agents or employees, (2) a peremptory writ or
14 other relief by way of injunction, mandamus, or
15 administrative mandamus, or (3) legal expenses and
16 attorney's fees incurred by the City of Vernon or awarded
17 against the City of Vernon on behalf of any party in such a
18 proceeding. The City of Vernon does not waive its right to
19 participate in the defense of any such action.
20 q. This conditional use permit and its conditions
21 shall be accepted by u.s. Filter by a written instrument,
22 executed and acknowledged, filed with the City Clerk within
23 seven (7) days of its approval, stating that the recitals
24 and conditions are correct. If said acceptance is not so
25 filed, this permit shall be null and void and of no effect.
26 r. u.s. Filter shall provide a suitable barrier
27 on all property lines abutting a street as approved by the
28 Director of Community Services.
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S~CTION 4: The City Clerk of the City of Vernon
2 shall certify to the passage of this resolution and
3 thereupon and thereafter the same shall be in full force and
4 effect.
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8 ATTEST:
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APPROVED AND ADOPTED this 5th day of Augustl 1997.
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1 STATE OF CALIFORNIA )
) ss
2 COUNTY OF LOS ANGELES )
3 I BRUCE V. MALKENHORST, City Clerk of the City of
4 Vernon, do hereby certify that the foregoing Resolution,
5 being Resolution No. 6969 was duly adopted by the City
6 Council of the City of Vernon at a regular meeting of the
7 City Council duly held on Tuesday, August 5, 1997, and
8 thereafter was duly signed by the Mayor of the City of
9 Vernon.
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13 (SEAL)
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A
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
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June 4, 1997
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson~Director of Community
Services &: Water
SUBJECT: CONDITIONAL USE PERMIT - U.S. FILTER RECOVERY SERVICES
(CALIFORNIA), INC.
U.s. Filter Recovery Services (California), Inc., has submitted
an application for a conditional use permit. They currently operate
an existing hazardous waste treatment facility at 5375 Boyle Avenue
which was previously operated by Norris Environmental Systems for N.I.
Industries, and known as 5215 Boyle Avenue. They are planning to
expand the operations.
An Environmental Impact Report for the project has been completed
for the California Environmental Protection Agency Department of Toxic
Substances Control.
It is recommended that you receive the application and supporting
documents and that a public hearing for this conditional use permit be
held on June 17, 1997.
SKW:MFR:ps
~.[ \ ~
US FILTER RECOVERY SERVICES (CALIFORNIA), INC.
5375 SOUTH BOYLE AVENUE TELEPHONE 213-277-1500
LOS ANGELES, CA 90058 FACSIMILE 213-582-6879
August 21, 1997
\l.:( l,;'" -i.,.; E , V E D
AUG 2 1.
Mr. Kevin Wilson, P.E.
Director of Community Services
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
Dear Mr. Wilson;
This is to acknowledge receipt of your August 14th letter concerning the City Councils'
approval of our application f.~1.Ja PmDit. fdt the expansion and operation
of the hazardous waste facility at 5375 So. Boyle Ave. in the City of Vernon. We are
pleased to accept this Conditional Use Permit and agree to operate under the conditions
stated therein.
Sincerely,
~~~
Rick Henninger, VP
General Manager
\ ~1
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AFFIDAVIT OF ACCEPTANCE
U.S. Filter Recovery Services (California), Inc., acknowledges and agrees:
1. That it is the applicant for a conditional use permit to' operate the off-site hazardous
waste facility located at 5375 So. Boyle Ave., Vernon, CA.
2. That it has received notification of approval by the City Council of the application
for conditional use permit on August 5, 1997 granting said conditional use permit.
3. That it has read the notification letter dated August 14, 1997 and that the statements
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 r9...leday ofAl1cc.{~ 1997, at Los Angeles County, California.
-:;~
~~chard Henninger
Title: VP & General Manager
1~~~~-;~~-~~-1
- . =~:';=
I. Notary PublIc - CoIfomio ~
Los Angeles COlJ'Ity -
My Comrn. ExpIres Jun 30, 2W)
(Y);<jiJ
8' ~21-OfJ
@
Application
page 1 of 3
APPLICATION FOR CONDITIONAL USE PERMIT
Date: 2/15/97
The Applicant U~ Filter Recovery $~rvices (California), Inc.
is the lessee of the property situated at
5375 South Boyle Avenue, Vernon
between 54th Street and Fruitland
and is legally described as follows (attach additionalsheet{s)
if necessary):
See Attachment ~
FEB19 '97#777AiJ5?;'2 1:3;47 tt~M()NT 15001:00
REQUEST: The applicant requests a CONDITIONAL USE PERMIT to use the
above described property for the following purpose.
A~plicant rea~ests qn amendment to the e~isting CUP #5730 issued on
April 2. 1990 to add Buildina 12 for future waste manaaement and
recvcling activities as a~proved in DTSC Permit 96-SC-TS-006.
BURDEN OF PROOF: The applicant shall indicate the following
facts (attach additional sheet (s) if necessary):
(I) That the site for the proposed use is adequate in size and shape:
This is an aIg.endment to reflect cbange of ownership and the addition
of Buildin9 12 for hazardous waste recvcling operations as approved
in the DTSC Permit 96-SC-TS-006. A Health Risk Assessment and EIR
were complet~d for this proi.ect in Auaust 1996 when DTSC awarded
their permit.
Application
Page 2 of 3
(2) That the site has sufficient access to streets and highways,
and is adequate in width and pavement type to carry the
quantity and quality generated by the proposed use; and
See Part-B Dermit aD91icatio~ and EIR.
(3) That the proposed use will not have an adverse effect upon
adjacent or abutting properties.
See EIR and He~lth Risk Assessment
**NAME OF APPLICANT U.S. Filter Recoyery Service (California), Inc.
(print or type name of business)
CONTACT PERSON: Rick Henninqer
. ~(~int or type)
SIGNATURE: 7~ /~~
5375 South ~Qyle Avenue
Mailing Address
(213) 277-1500
(Area Code) Phone
Vernon
City
CA
State
90058
Zip Code
APPLICANTS REPRESENTATIVE/RELATIONSHIP TO APPLICANT (Engineer,
Architect, Attorney, Realtor): Consultaut
NAME OF COMPANY: Environmental Audit
CONTACT PERSON: DEBBIE BRIGHT
~'_ (~ri'!t o~~::.f^ 'l
SIGNATURE: ~hil::{ Q., ~
1000-A Ort~qa Wav
(Mailing Address)
(7;J.4) 632-8521
(Area Code) Phone
Plac~ntia
City
CA
State
92870
Zip Code
Application
Page 3 of 3
CBRTIPlCA'1'IOIf
SIGNATURE:
NI IndustJ:ies .
(print or type)
v
Address
(2~3) 588-7111
(Area Code) Phone
Verno]:')
City
CA
State
90058
zip Code
** SIGNATURES OF BOTH APPLICANTS{S) AND OWNER{S) MUST BE NOTARIZED
JRC:WORD:1719CUP.DOC
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
State of
County of
~CE~'~~
On c2-- /Cf~ Cj '7
DATE
personally appeared
NAME(S) SIGNER(S)
>0' personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
~~~ ~..A-~.A.- ~ -. I
,.. . t.1J;i,\ ROSA RUBIO 11
II p Comm. # 987843 ~
:> - l:GrARY PUBlIC.CALIFalNIA :II
:> Los Angeles ColInIl
Q. '~~~~~f~
WITNESS my hand and official seal.
~) ~ ~ujyl-t)
/ GNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
II! CO~PORATE OFFICER , '&
/Jjb ~l . jJJr
o PARTNER(S) 0 LIMITED
o GENERAL
DESCRIPTtON OF ATTAC ED DOCUMENT
3
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERV ATOR
o OTHER:
NUMBER OF PAGES
;2/ IS /9 Y)
I
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES
I. .
~
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No. 5907
~
State of
County of. . :.'" - < / ~ .
On ;2-/9-'1? before me, ae~~~~ '
n"'?- I J '''''. , ITLE EF . FICER . E~G., "JAN OE, NOTARY PUBLIC"
personally appeared . ../fL-. kJ' /TIl ()/PI4~x::J ,
NAME(S) OF SIGNER(S)
~ersonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
AlMA ROSA RUBIO '1J
NOT~~7843 ~
Los~e/es~ :D
MtComm. ExPires ".14.1997 ..&
WITNESS my hand and official seal.
(1p !JW.J 3&.h0 r;z (.J iJ~J
SIGNATURE O~Y
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D. INDIVIDUAL
~:"RATEflFFICE~
'L.b t/te.,;) d VPr b
TITLE(S)
DESCRIPTION OF ATTACHED DOCUMENT
~dzft/ ~
TITLE OR TYPE OF DOCUMENT
o PARTNER(S)
o LIMITED
o GENERAL
,,-)
NUMBER OF PAGES
o ATTORNEY-iN-FACT
o TRUSTEE(S)
o GUARDIANlCONSERV ATOR
o OTHER:
r:L-/~- f?
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAMEOFPE~(S)OR E~
17r tI1~. 'UJ
SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave., P.O. Box 7184' Canoga Park, CA 91309-7184
ATTACHMENT A
(
II- an Information associated with maps.
II- (B) (1) Provide written legal description ofthe property occupied by the facility for
which clear title is held.
Beginning at the intersection of the northerly line of east 54th Street (40feet wide)
as described in Parcell of the deed to the City of Vernon, recorded in Book 9934
Page 265 of Official Records, in said Recorder's Office, with the westerly line of
Boyle Avenue (80 feet wide) as described in the deed to the County of Los Angeles,
in Book 4983 Page 87 of deeds, records of said county; thence northerly along
said Boyle Avenue to the southerly line of said lot 41; thence easterly along said
southerly line a distance of 15 feet to the easterly line of said lot 41; thence,
northerly along said easterly line to the northeast corner of said lot 41 said corner
being also a point in the southerly line of Fruitland Avenue (40 feet wide); thence
westerly along said Fruitland Avenue to the westerly line of Boyle Avenue (80 feet
wide) as described in deed recorded in Book 5000 Page 11 of deeds, records of
said county; thence southerly along said last mentioned Boyle Avenue a distance
of 383.58 feet to the most southerly corner of the land described in the deed to
Aluminum Company of America, recorded in Book 17491 Page 46 of said Official
Records; thence along the boundary line of the land described in said last
mentioned deed as follows: northwesterly along a curve concal!e southwesterly
having a radius of 328.27 feet an arc distance of 238.11 feet and north 1 degree 28
minutes 30 seconds west 1.50 feet to a point in the southerly line of the land
described in the deed to Los Angeles and Salt Lake Railroad Company, recorded
in Book 16846 Page 160 of said Official Records; thence westerly along said last
mentioned southerly line to the westerly line of said lot 42; thence southerly along
the westerly line of said lot 42 to the northerly line of said lot 44; thence westerly
along said last mentioned northerly line a distance of 46.08 feet, more or less, to
the northwest corner of the land described in the deed to Norris-Thermador
Corporation, recorded December 12, 1963, as instrument No. 1028 of said Official
Records; thence along the westerly line of the land described in said last
mentioned deed, south 1 degree 17 minutes 33 seconds east 337.16feet to said
northerly line of east 54th Street; thence easterly along said east 54th Street to the
point of beginning.
(-
II-IS
June 1, 1995
ATTACHMENT 3
ATTACHMENT 4
PROPERTY OWNER'S MAILING ADDRESSES WITHIN 300' RADIUS
KEY, COMPANYW/ADDRESS
ASSESSOR'S I.D. NO.
BOOK PAGE PARCEL
A
Aluminium Company of America
2100 E. 25 the Street
Vernon, CA 90058-1126
Aluminum Company of America 6310
5151 Alcoa Avenue
Vernon, CA 90058
Note: This is site address, mailing address was not given.
008
002
6310
B
008
003
C
Owen's Illinois Glass Container, Inc. 6310 009 014
1-Seagate 6310 009 015
Toledo, Ohio 43666-??oo
Levine, Sid ET AL TRS 6310 009 010
9300 Wilshire Blvd. 6310 009 012
Ste 410 6310 010 012
Beverly Hills, CA 90212-3210 6310 010 013
6310 010 014
Ronald R. Levine et al Trust 6310 009 010
9300 Wilshire Blvd. 6310 009 012
Ste 410 6310 010 012
Beverly Hills, CA 90212-3210 6310 010 013
6310 010 014
NI Industries, Inc. 6310 009 018
5215 S. Boyle Avenue 6310 009 019
Vernon, CA 90058-3907
Levine, HIiman and Emma 6310 010 007
9300 Wils ire Blvd.
Room 410
Beverly Hills, CA 90212-3210
D
E
F
JRC:WORD:1719CUP.DOC
ATTACHMENT 5
TENANTS LIST WITHIN 300' RADIUS
KEY, COMPANYW/AQD~S
1 V &0 of California
2840 54th Street
Vernon, CA 90058
2 Vacant
2844 54th Street
Vernon, CA 90058
3 R&R&Jimenez Cutting Service
2848 54th Street
Vernon, CA 90058
4 AHeam Home Fashions
2856 54th Street
Vernon, CA 90058
5 Vacant
2862 54th Street
Vernon, CA 90058
6 Non-Stop Finishing
2864 54th Street
Vernon, CA 90058
7 Vacant
2868 54th Street
Vernon, CA 90058
8 Graham Lee & Associates
2870 54th Street
Vernon, CA 90058
9 Vacant
2874 54th Street
Vernon, CA 90058
10 Vacant
2876 54th Street
Vernon, CA 90058
11 Engineered Coating Technology Inc.
2882 54th Street
Vernon, CA 90058
12 Vacant
2888 54th Street
Vernon, CA 90058
13 Cootempra Woodfinishing/Painting
2890 54th Street
Vernon, CA 90058
14 Pride Jeans Inc.
2898 54th Street
Vernon, CA 90058
15 Vacant
2900 54th Street
Vernon, CA 90058
16 Price Fashion Inc.
2906 54th Street
Vernon, CA 90058
17 Vacant
2912 54th Street
Vernon, CA 90058
18 Price Fashion Inc.
2914 54th Street
Vernon, CA 90058
19 Best Mexican Foods Inc. (B.M.F. Inc.)
2924 54th Street
Vernon, CA 90058
20 Engineered Coating Tech Inc.
2926 54th Street
Vernon, CA 90058
21 Vacant
2928 54th Street
Vernon, CA 90058
22 A.C.L. Cutting Service
2930 54th Street
Vernon, CA 90058
23 B.M.F. Inc. (Best Mexican Foods)
2932 54th Street
Vernon, CA 90058
24 N.t Industries #10
2938 54th Street
Vernon, CA 90058
25 Nationwide Papers
2962 54th Street
Vernon, CA 90058
Owens Brockway (Illinois) Glass Co.
2900-01-23 Fruitland Avenue
Vernon, CA 90058
Sunwest Screen Graphics Inc.
5401 Boyle Avenue
Vernon, CA 90058
Phoenix Draperies International
5455 Boyle Avenue
Vernon, CA 90058
Engineered Coating Technology Inc.
2838 54th Street
Vernon, CA 90058
30. Aluminum Company of America
5151 Alcoa Avenue
Vernon, CA 90058
26
27
28
29
31. NI Industries, Inc.
Norris Division
5215 S. Boyle Avenue
Vernon, CA 90058
JIlC:WORD:l719CUP.DOC
ATTACHMENT 6
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PROPERTY OWNERS LIST STATEMENT
****************************************************************
- The undersigned has duly prepared the attached "Property Owners
-List". This list includes all of the names, and respective ad-
dresses, of persons being owners of property any part of which is .
within 300. feet of the outer boundaries of the property in sub-
jectzoning case. This information is to be obtained from the
latest available Los Angeles County Tax Assessroent Roll.
This list was prepared on Februarv 5, 1997
. from the Tax Roll
maintained at County Tax Assessor's Office, Los Angeles
(name and locati<;>n of office)'
It is understood that the accuracy and completeness of this list
is the responsibility of th~~ap~licant.
Signed: ~ II -
rson wno prep
,
On this ~ l ~::h- day of F-e icv Qr
undersigned a Notary Public in an
personally appeared ~ .
known to me, or proven to me to be the
within instrument.
'199"'h before me the
said County and State t
6r Ie
person that executed the
and for said County and State
My conpnission expires:.~'(? fJ~, /9Cf7
f
-K;'yJe;n- S~uth;r~ f
Comm. '1011897 "
IIItY PUeuC. CAlIFORNIAOWI
, 0AANc3E COUNTY
00lMt..... DiIe. 22. 1997 ""
..-.....
......
Signed:
~~
(Applicant)
,
(i)
ENGINEER'S REPORT
ON U.S. FILTER RECOVERY SERVICES (CALIFORNIA), INC.
CONDITIONAL USE PERMIT TO OPERATE AND EXPAND
AN EXISTING HAZARDOUS WASTE TREATMENT
PLANT FOR COMMERCIAL USE
5375 BOYLE AVENUE
June 12, 1997
On March 27, 1990, the City Council of the City of Vernon
granted a Conditional Use Permit to N. I. Industries for the
expansion of its existing hazardous waste treatment facility at
5215 Boyle Avenue. The facility has been in operation since
1981. At that time, Norris Industries operated a facility to
treat the hazardous waste that they generated on-site. In 1990,
N. I. Industries proposed to expand the facility and accept off-
site material for treatment and was granted a Conditional Use
Permit for such use by Resolution No. 5730. Until July, 1995,
Norris Environmental Services (NES) was a business group of N.I.
Industries. In July, 1995, NES began operating as a separate
entity.
U. S. Filter Recovery Services (California), Inc. ("U. S.
Filter") took over the operation of the NES facility on October
25, 1996. The facility address is now considered to be 5375
Boyle Avenue to distinguish it from the NI Industries facility
(5215 Boyle Avenue). U.S. Filter is proposing an expansion of
the existing hazardous waste treatment facility. While the
amount of waste being processed at the facility is not being
increased, modifications will be made to its waste handling
system which include enhancing and upgrading the processing and
1
recycling of waste streams and the addition and modification of
storage tanks and other process changes. Additional square
footage is being taken over by the facility as indicated on the
plans submitted with the application.
U. S. Filter is proposing to expand the facility to include
the use of all of Building 12, except that which is occupied by
Atlantic Research Corporation, as indicated on the plans
submitted with the conditional use permit application. Building
12 will be used for maintenance activities {both current and
additional}; storage area for chemicals, mi"scellaneous equipment,
and empty drums; packaging and storage of resin/carbon recycled
products; a compressor area; laboratory; offices, lunch, and
locker rooms. The electrolytic reduction processes and processes
including the ion exchange regeneration pad will be located
within Building 12. Additional improvements include a new office
building, the removal of temporary offices, and an additional
truck loading area, as indicated on said plans.
The proposed regulated activities have been permitted by the
California Environmental Protection Agency, Department of Toxic
Substances Control {DTSC} and may be modified by additional
permit processes controlled by that department. A Draft
Environmental Health Risk Assessment and Final Environmental
Impact Report were completed for the DTSC. It is the City of
Vernon's position that most environmental aspects affected by the
expansion of the facility will be reviewed and approved by the
DTSC, as the lead agency. In its review, the City has
2
~
concentrated on the zoning, transportation, sewerage and
Certified Unified Program Agency (CUPA) issues of the proposed
project.
GENERAL PLAN
The site is located in the General Industry (M) Zone. A
hazardous waste treatment facility can be located within this
zone with a Conditional Use Permit. The facility is an existing
facility.
PROJECT DESCRIPTION
U. S. Filter currently operates a hazardous and nonhazardous
waste processing facility. The facility treats and stores
hazardous and non-hazardous wastes from outside commercial
sources. The facility's design capacity is 54,750,000 gallons
per month. However, the maximum permitted quantity of liquid or
slurried waste treated or managed at the facility is 33,126,000
gallons per month. The maximum permitted quantity of solid waste
treated or managed at the facility is 30,000 tons per year.
These permitted quantities were determined by the DTSC. The
current operational capacity of the facility is far less than the
permitted capacity. Somewhere between 40,000 and 200,000 gallons
is being discharged to the sewer per day.
The facility receives a variety of wastewater, sludges and
solids via pipeline, trucks, and railcars. Sources of the
wastewater include process solutions and rinse waters from
manufacturing; electronic, printed circuit, and metal finishing
industries; maintenance wash waters; contaminated storm waters;
3
landfill leachate, condensate from landfill gas recovery systems;
partially treated water and solids from industrial treatment
facilities and operations; and waste waters from management of
emergency situations such as fire fighting water collected during
industrial fires, earthquakes, accidents, spills and other
emergency response actions.
Wastes are treated by chemical and physical processes that
destroy or remove hazardous constituents. Activities at the
facility include dissolution, oxidation, reduction, acid and
alkali neutralization, oil/water separation, carbon absorption,
stabilization, solidification, flocculation/coagulation/
precipitation, container decontamination and destruction,
filtration, phase separation/clarification/decantation, transfer
and blending.
Once wastes have been delivered, they are tested to ensure
that the wastes conform to the profile that has been previously
established. When the testing has been completed, the wastes can
be directed to anyone of the tanks at the facility as
appropriate for safe management. These tanks are designated for
cyanide, chromate, acid, alkali, trace organic compounds and
their compatible mixtures.
After the wastes have been treated, the end product includes
water that can either be recycled or discharged to the sanitary
sewer. The remaining metal bearing solids can either be sent
off-site for recycling or proper disposal.
NES was required to renew its Part B Permit from the
4
Department of Toxic Substance Control. An environmental impact
report was done as part of this process for the NES Facility.
U.S. Filter took over operation of the facility after NES
received the Part B Permit. Proposed changes in operation since
the application for the Part B Permit include the expansion of
occupancy to encompass all of Building 12, except that which is
occupied by Atlantic Research Corporation (ARC) and the
relocation of treatment systems to Building 12. The proposed
electrolytic processing and ion exchange processes to recycle
waste metals, which was included in the Part B Permit
application, will be constructed in Building 12 instead of the
previously proposed location at the facility in order to allow
for more efficient truck loading and space utilization. This
relocation does require a modification in U.S. Filter's Part B
Permit, which will be obtained before that portion of the
processing is installed.
One additional operation is the U.S. Filter Carbon products
packaging. This operation will not require a permit from the
DTSC since it does not include the treatment of hazardous waste.
U.S. Filter has acquired this operation and is relocating it from
its location in Commerce to the Vernon facility. U.S. Filter
previously purchased prepackaged carbon and delivered it to
customers. They will now package and service the carbon
containers from this site. There will be a small increase in
traffic due to this operation. The operation will include
approximately four delivery trucks that will have daily service
5
routes delivering the carbon products. In future years, this may
represent as many as 15 truck trips per day. However, this is a
conservative estimate and still of minimal impact when compared
to the EIR traffic analysis.
SEWERAGE:
Historically, there have been problems with sewer
surcharging because of the U.S. Filter operation. The U.S.
Filter plant discharges its treated wastewater into the City of
Vernon main on 54th Street. The 54th Street main flows into the
City of Vernon main in Boyle Avenue. U.S. Filter empties its
discharge tanks and generates peak discharge rates that are far
beyond the capacity of the existing sewer main on 54th Street and
also exceed the capacity of the main on Boyle Avenue. Recently,
U.S. Filter has applied for a new Industrial Wastewater Permit
from the County Sanitation Districts of Los Angeles County. U.S.
Filter continues to operate under a temporary permit issued by
the Districts. The City of Vernon required that U.S. Filter
reduce its flow to below 400 gpm at all times. U.S. Filter
reduced its flow rates and this helped to alleviate problems with
both the 54th Street and Boyle Avenue main. Instead of reducing
flow rates to below 400 gpm at all times, U.S. Filter has
proposed to construct a new main on 54th Street from its outfall
to Boyle Avenue. If U.S. Filter decides not to construct such
main, it shall reduce its discharge rates to below 400 gpm at all
times. Once U.S. Filter has constructed the new sewer main, U.S.
Filter will not discharge at rates in excess of 1000 gpm until
6
additional capacity may become available in the Boyle Avenue
sewer main. The approval of the sewer construction is contingent
upon the granting of the CUP and the Industrial Wastewater
Permit. U.S. Filter has installed a flow controller set at 1000
gpm to mitigate the peak flow and has agreed to install a
dedicated pipeline in 54th Street. The latest data gathered from
the City of Vernon flowmeter indicates that maximum discharge
rates of 1000 gpm are being maintained.
ACCESS
The site has access to 54th Street and Boyle Avenue. It was
indicated in the last conditional use permit that N.I. Industries
conservatively estimated 50 incoming trucks per day. In the
permit granted by the DTSC, U.S. Filter is permitted to receive
no more than 80 incoming trucks of hazardous waste per day. No
adverse effects are anticipated from this increase in truck
arrivals as discussed in the project EIR. The maximum hazardous
waste treatment capacity of the facility is limited by the number
of incoming trucks containing hazardous waste. Currently, U.S.
Filter operates well below this limit. It is important to note
that the amount of waste being treated at the facility is
currently not being increased, even though there is an increase
in truck traffic. The reason for this increase is a change in
the mode of transportation of hazardous waste to the facility.
Previously, most of the hazardous waste was received via pipeline
from N.I. Industries, Inc., whereas now more will be received via
truck.
7
Routes for entering and exiting the facility shall be
limited to the routes as shown in Exhibit "A", thus avoiding
neighboring residential areas. These routes were established in
the previously granted conditional use permit. Truck drivers
will be provided with maps indicating these approved routes.
STATE AND FEDERAL CONDITIONS
U.S. Filter shall comply with all state and federal
conditions, specifically with all requirements of the California
Environmental Protection Agency Department of Toxic Substances
Control as dictated in its Hazardous Waste Facility Permit, and
any future modifications.
CONDITIONS:
a. The facility shall be operated in accordance with all
current codes, rules, regulations and subject to permit fees as
adopted by the City of Vernon and all Federal, State or local
control agencies.
b. All required federal, state, local and regulatory agency
permits shall be obtained prior to operation including, but not
limited to the Los Angeles County Sanitation District, Regional
Water Quality Control Board and the Department of Toxic
Substances Control.
c. All parking and loading facilities shall be paved and
maintained with a hard durable surface material and shall be
adequately drained, and kept free of dust, mud, trash and weeds.
Where parking or maneuvering areas adjoin the public street a
barrier wall or landscaping shall be installed and maintained to
8
meet City standards.
d. All existing cracked sidewalk, curb and gutter adjacent
to the site on Boyle Avenue and 54th Street shall be repaired and
maintained to meet City Standards.
e. Vehicles hauling hazardous waste to and from the project
site shall be limited to the routes shown on attached Exhibit
"A" .
f. All waste haulers shall be certified and Department of
Transportation (D.O.T.) approved transporters.
g. U.S. Filter shall inform their customers-that as a
condition of doing business with U.S. Filter, a letter and map
must be provided to all waste hauling operators informing them
that if any waste hauler is observed outside the designated
routes, the hauler/driver will be banned from future hauling to
the U.S. Filter facility.
h. The facility shall be operated in compliance with the
"Statement of Findings, Overriding Considerations and Mitigation
Monitoring Plan for Norris Environmental Services Hazardous Waste
Facility Application Environmental Impact Report" dated August
1996 and prepared by the California Department of Toxic
Substances Control.
i. The sound level shall not exceed sixty-five (65) dBA or
the current ambient environmental noise level, whichever is
greater, as measured at or at any point outside the property
lines of the property.
j. The property shall be landscaped as approved by the
9
Director of Community Services.
k. U.S. Filter shall construct a new sewer main on 54th
Street from its outfall to Boyle Avenue as approved by the City
of Vernon or if U.S. Filter decides not to construct such main,
then U.S. Filter shall reduce its discharge rates to below 400
gpm at all times.
1. Once the new sewer main has been constructed on 54th
Street, U.S. Filter shall not discharge into this new main at
rates in excess of 1000 gpm until additional capacity becomes
available in the Boyle Avenue sewer main.
m. U.S. Filter shall file a revised Business/Contingency
Plan which shall provide for an emergency notification policy and
a memorandum of understanding (MOU) with Norris Industries (NI)
to ensure that all occupants at the 5215 Boyle Avenue and 2929
54th Street locations will be promptly alerted in the event of a
significant hazardous materials incident at the U.S. Filter site.
The MOU shall also include a provision to provide an orientation
of the U.S. Filter hazardous waste operation to all new
tenants/occupants at the adjacent NI site.
n. A revised copy of the Business/Contingency Plan shall be
submitted to the Environmental health Department with a copy of
the MOU.
o. U.S. Filter shall make all necessary revisions to the
hazardous materials inventory and site map to reflect any changes
to the types, quantities, storage containers, and storage
locations of hazardous materials that result from the facility
10
modifications.
p. U.S. Filter 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 excluding 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.
q. This conditional use permit and its conditions shall be
accepted by U.S. Filter by a written instrument, 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 void and of no effect.
11
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ATTACHMENT 7
California Environmental Protection Agency
Department of Toxic Substances Control
,HAZARDOUS WASTE FACILITY PERMIT
Facility:
U.S. Filter Recovery Services,
(California) Inc.
5375 S. Boyle Avenue
Vernon, CA 90058
Regional Permit No.: 96-SC-TS-06
Permit Modification No. 1
EP A ID Number:
CAD 097 030 993
Operator: .
U. S. Filter Recovery Services,
(California) Inc.
5375 S. Boyle Avenue
Vernon, CA 90058
Issuance Date:
August 30, 1996
Effective Date:
October 25, 1996
Expiration Date:
October 7, 2006
Owner:
NT Industries, Inc.
5215 S. Boyle Avenue
Vernon, CA 90058
Pursuant to Section 25200 of the California Health and Safety Code, this modified Hazardous
Waste Facility Permit is hereby issued to U.S. Filter Recovery Services, (California) Inc.
(Operator) and Nllndustries, Inc. (Owner).
The issuance of this modified Permit is subject to the conditions set fonh in Attachment A
which consists of 100 pages, Attachment B which consists of 9 pages, Attachment C which
consists of 1 page, and Attachment D which consists of 5 pages.
, C ef
Fa ty Permitting Branch
Southern California Region, Glendale
Department of Toxic Substances Control
Date: /0~&
'.
TABLE OF CONTENTS
ATTACHMENT A
I.
. . . . . . .. . . . .
A.
. B.
DESCRIPTION OF FACILITY
1
Ownership, Operations, and Location ...
Compliance With California Environmental
Quality Act (CEQA) ........
1
2
II. GENERAL CONDITIONS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
. . . . . . . . . . . .
2
Effect of Permit . . . . . .
Requirement to Submit Information
Consent to Entry by DTSC Representatives . . .
Specific Conditions . . . . . . . . . .
Land Disposal Restrictions . . . . . .
Permit Actions . . . . . . . . .
Need to Halt or Reduce Activity ...
Severability . . . . . .. ... .
Permit Expiration ................
24-Hour Reporting ..........
Notice of Planned Physicai Changes and
Certification of Construction
Operation at Night . . . . . . . . . .
Part B Application (Operation Plan) of the
Hazardous Waste Facility Permit Application
General Responsibilities of Operator . . .
1. Compliance .............
2. Transfer of the Permit . . . . . . .
3. Operation and Maintenance . . . .
4. Phasing out of Chlorine . . .
5. Submittal of Requested Information ...
6. Hazardous Waste List . . . . . . . .
7. Anticipated Noncompliance . . . .
8. Noncompliance . . . . . . . . . .
9. Incomplete and/or Incorrect Information . . .
Signatory Requirement ... .. .
Recycling . . . . . . . . .
Option to Cease Operation
2
3
3
3
4
4
5
5
5
5
6
6
6
6
6
7
7
. . . 7
8
8
9
9
9
9
. . . 9
. . .. 10
III. SPECIAL CONDITIONS
. . . . . . . . . . .
10
A. Prohibition of Disposal . . . . . . . . . .. 10
B. Indentification of Permitted and prohibited Waste. 10
C. Mitigation Measures for Potential Environmental
Impacts.. . . . . . . .. . . . . . . . . . .. 11
D. Faciiity Activity Units . . . . . . . .. 12
Unit 1 ...... . . . . . . . .. 12
Unit 2 ........ . . . 13
Unit 3 ...... ... ...... 14
,
IV.
Attachments
IV.A-7
Unit 4
. . . . . . . . . . . . . . . . . . .
CORRECTIVE ACTIONS
. . . . . . . . . . . . .
A.
B.
C.
D.
E.
AUTHORITY . . . . . . . . . .. ...... . .
STATEMENT OF PURPOSE . . . ........
DEFINITIONS . . . . . . . . . . . . . . . .
PROJECT COORDINATOR . ... ........
WORK TO BE PERFORMED . . . . .. .....
1. Interim Measures . . . . . . .. ... . .
2. Potential or Immediate Threats/Newly
Identified Releases/Newly Identified SWMUs
3. RCRA Facility Investigation . . . . . . . . .
4. Corrective Measures Study . . . . . . . .
5. California Environmental Quality Act . . .
6. Corrective Measures Implementation.
DTSC APPROVAL/REPORTING/PROPOSED CONTRACTOR/
ADDITIONAL WORK . . . . . . . . ........
QUALITY ASSURANCE . . . . . . . . . . . . .
SAMPLING/ACCESS . . . . . . .. ..... .
RECORD PRESERVATION . . . . . . . .. ...
DISPUTE RESOLUTION . . . . . . . . . .
MODIFICATION . . . . . . . . . . . . . . .
FACILITY SUBMITTAL SUMMARY . . . . . . . .
F.
G.
H.
I.
J.
K.
L.
IV.A-1
IV.A-2
IV.A-3
IV.A-4
IV.A-5
IV.A-6
SCOPE OF WORK FOR INTERIM MEASURES IMPLEMENTATION
SCOPE OF WORK FOR A PUBLIC INVOLVEMENT PLAN
SCOPE OF WORK FOR A RCRA FACILITY INVESTIGATION
SCOPE OF WORK FOR A CORRECTIVE MEASURES STUDY
SCOPE OF WORK FOR PROGRESS REPORTS
SCOPE OF WORK FOR CORRECTIVE MEASURES
IMPLEMENTATION
SCOPE OF WORK FOR A WASTE MINIMIZATION PLAN AND
REPORT
ATTACHMENT B
Permitted Waste Codes
. . . . . . . . . . . . .
B-1 to B-9
ATTACHMENT C'
Facility Equipment Locations
. . . . . . .. . . . . . . C-l
ATTACHMENT 0
List of Permitted Tanks
. . . . . . . . . . . .
0-1 to 0-5
15
16
16
17
17
19
19
20
20
21
23
24
25
26
28
29
31
32
33
34
.r
SA ~
ATTACHMENT A
Hazardous Waste Facility Permit
U.s. FILTER RECOVERY SERVICES (CALIFORNIA), XNC. .
5375 S. BOYLE AVENUB
VERNON, CALIFORNIA
US BPA XD NO.: .CAD 097 030 '93
I. DESCRIPTION OF FACILXTY
A. OwnershiD, ODerations. and Location
U.s. Filter Recovery Services (California) Inc. (hereafter
"U.S. Filter", or "Operator") operates a hazardous waste
treatment and storage facility referenced above. U.S. Filter
leases the property from NI Industries, Inc. (hereafter "NI",
or "Owner"), which is owner of the property upon which this
facility is located. Norris Environmental Services (NES), the
former operator, and NI have applied to the California
Department of Toxic Substances Control (hereafter "DTSC" or
"Department") for a permit authorizing the continuing
operation and modification of a hazardous waste treatment and
storage facility. The permit was issued on August 30, 1996.
A Class 1 Modification request was made by NES to transfer the
operational control to U.S. Filter. Accordingly, this permit
is being issued to U.S. Filter as Operator, and to NI as
Owner.
The facility has been operated by NI under a grant of interim
status since 1981 and has been approved as an off-site
hazardous waste facility since 1989. Until mid-199S, the
facility was operated by a division of NI, known as Norris
Environmental Services. In 1995, the company incorporated NES
as a subsidiary corporation to operate the facility. NI and
NES separated the two companies' operations in 1995 and 1996.
The issuance of this permit to U.S. Filter has the effect of
transferring the right to operate the hazardous waste facility
from NES to U.S. Filter.
NI remains the owner of the permitted facility and will lease
the real property at which the facility is located to U.S.
Filter. NI has signed the permit application and has
consented to the use of the real property by U.S. Filter in
accordance with the terms of the permit application and the
permit.
U.S. Filter. is a treatment and storage facility that.treats,
stores and transfers hazardous and non-hazardous wastes from
outside commercial sources. The facility accepts a variety of.
wastewater, sludge, and solids for treatment. The permitted
maximum quantity of liquid or slurried hazardous/non-hazardous
~.
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H~' rri~ Environaental Service., Inc.
H zardous Waste Facility Perait
D te I.sued: August 30, 1996
waste treated or managed at the U.S. Filter facility is
33,126,000 gallons per month. The permitted maximum quantity
of hazardous/non-hazardous solid waste treated or managed' is
30 thousand tons per year. The wastes are treated by a series
of chemical and/or physical processes to destroy or remove
hazardous constituents. The residues' from this treatment are
either recycled on-site, or shipped off-site to an appropriate
facility. The treated waste water is discharged to the
Publicly Owned Treatment Works (POTW) industrial sewer system
operated by the Los Angeles County Sanitation Districts or
further utilized and recycled on-site.
U.S. Filter is located in the south-central portion of Los
Angeles County at 5375 S. Boyle Avenue in Vernon, California.
Latitude: 33 degrees 59 minutes 40 seconds North; Longitude:
118 degrees 12 minutes 45 seconds west, Township: 2 South,
Range: R13 West, Section: 14, Principal Meridian: San .
Bernardino Base, Assessor's Parcel Number: Book 6310 Page 009
Parcel 013.
B. Comoliance With California Environmental Quality Act (CEOAl
A mandatory Environmental Impact Report and supporting
documents were prepared for this facility to meet the
requirements of CEQAGuidelines, Section 15080 et seq. because
the facility is defined as a large off-site treatment and
storage facility. In accordance with the Public Resources
Code, Section 21151.1, a mandatory Environmental Impact report
is required.
GENERAL CONDITIONS
A. Effect of Permit
1. The issuance of this permit by DTSC does not release the
Owner or Operator from any liability or duty imposed by
federal or state statutes and regulations or local
ordinances, except the obligation to obtain this permit.
In particular, unless otherwise specifically provided in
this permit, the OWner or Operator shall comply with the
provisions of the Health and Safety Code (HSC), division
20, chapter 6.5 and the California Code of Regulations,
title 22 (Cal. ~ode Regs.), division 4.5.
2. Issuance of this permit by the DTSCdoes.not prevent the
DTSC from adopting or amending regulations, issuing
administrative orders, or obtaining judicial orders
imposing requirements which are in addition to or more
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No;ris Environmental Services, Inc.
Ha ardous Waste Facility Permit
Da e Issued: August 30, 1996
appropriate, this permit is also subject to HSC sections
25159.6 and 25159.7 relating to the incorporation and
implementation of federal regulations in the absence of
equivalent state regulations.
3. This permit does not convey either an irrevocable right
or an exclusive privilege, and is subject to all legal
requirements and conditions for the exercise of this
permit under applicable law.
4. This permit is granted by DTSC under authority delegated
from the United states Environmental protection Agency
(EPA) to the state of California pursuant to 42 U.S.C.
Section 6926, under which EPA authorized the state to
administer and enforce a hazardous waste program. This
permit is equivalent to a RCRA permit granted under 42
U.S.C., Section 6925 and has the same force and effect as
a permit granted by EPA.
B. Requirement to Submit Information
All information, reports, submittals, or notices required by
this permit shall be submitted to the Southern California
Region, Permitting Branch Chief at Glendale Office.
C. Consent to Entrv bv DTSC Representatives
The Owner and Operator, by accepting this permit, consents to
entry by any authorized representative of the DTSC or of the
local health officer at any reasonable hour of-the day in
order to carry out the purposes of the Hazardous Waste Control
Law, HSC section 25100 et seq., including, but not limited to,
the activities listed in HSC section 25185 and title 22, Cal.
Code Regs., section 66270.30(i).
D. Specific Conditions
1. The Owner or Operator shall maintain financial
responsibility in accordance with title 22, Cal. Code
Regs., division 4.5, chapter 14, article 8, and section
66270.40(b), and HSC 25245. et seq. Documentation of
financial assurance shall be submitted to:
Department of Toxic Substances Control
Attn: Facility Permitting Branch Chief
Southern California Region, Glendale Office
1011 N. Grandview Ave.
Glendale, CA 91201
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Ndrris Environmental. Services, Inc.
H~zardous Waste Facility Permit
D~te Issued: August 30, 1996
2. The Owner or Operator shall comply with the general
facility standards contained in title 22, Cal. Code
Regs., division 4.5, chapter 14, article 2.
3. The Owner or Operator shall comply with preparedness and
prevention requirements contained in title 22, Cal. Code
Regs., division 4.5, chapter 14, article 3.
4. The Owner or Operator shall comply with the contingency
plan and emergency procedure requirements contained in
title 22, Cal.. Code Regs., division 4.5, chapter 14,
article 4.
5. The Owner or Operator shall comply with the manifest
system, recordkeeping and reporting requirements
contained in title 22, Cal. Code Regs., division 4.5,
chapter 14, article 5, and section 66270.30(l).
6. The Owner or Operator shall comply with the closure and,
if applicable, post-closure requirements contained in
title 22, Cal. Code Regs., division 4.5, chapter 14,
article 7.
E. Land Disposal Restrictions
1. The Owner or Operator shall comply with applicable
provisions of the land disposal restrictions as found in
title 22, Cal. Code Regs., division 4.5, chapter 18.
2. The Owner or Operator shall retain on-site, until closure
of the facility, a copy of all notices, certifications,
and demonstrations related to the management of all
wastes (for on-site or off-site treatment, storage or
disposal) subject to land disposal restrictions.
3. The Owner or Operator shall retain on-site, a current
waste analysis plan describing how and when wastes or
treatment residues will be tested to comply with the land
disposal restriction regulations.
F. Permit Actions
This permit may be modified, revoked and reissued, or
terminated for cause. The filing of a request by the Owner or
Operator for a permit modification, revocation and reissuance,
or termination or a notification of anticipated noncompliance
or planned changes (except as provided in title 22, Cal. Code
Regs., section 66270.42(a)), does not stay any permit
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No~ris Environmental Services, Inc.
Ha~ardous Waste Facility Permit
Da~e Issued: August 30, 1996
condition. Except as provided in title 22, Cal. Code Regs.,
section 66270.42(a), a new facility permit condition or a
modification of an existing facility permit condition shall
become effective on the date specified in the DTSC's written
notice of approval of the permit modification, pursuant to
title 22, Cal. Code Regs., sections 66270.42 and/or 66271.14.
G.Need to Halt or Reduce Activitv
It shall not be a defense for the Owner or Operator in an
enforcement action that it would have been necessary to halt
or reduce the permitted activity in order to maintain
compliance with the conditions of this permit.
H. Severability
The provisions of this permit are severable, and if any
provision of this permit or the application of any provision
of this permit to any circumstance is held invalid, the
application of such provision to other circumstances and the
remainder of this permit shall not be affected thereby.
I. Permit Exoiration
In accordance with title 22, Cal. Code Regs., section
66270.51, this permit and all conditions therein will remain
in effect beyond the permit expiration or termination date,
.until the effective date of a new permit, if the Owner or
Operator has submitted a timely and complete application (both
Part A and Part B) for a new permit and, through no fault of
the Owner or Operator, the DTSC has not issued a new permit.
In accordance with title 22, Cal. Code Regs., section
66270.10(h), a timely and complete application for a new
permit shall be submitted at least 180 days before this permit
expires, unless permission for a later date is granted in
writing by the DTSC. In the event a renewal application is
not submitted in accordance with 66270.10(h), this permit
shall expire on October 7, 2006.
J. 24-Hour Reportinq
Within 24 hours, the Owner or Operator shall, pursuant to the
conditions of this permit and any of the provisions of title
22, Cal. Code Regs., division 4.5 or HSC, division 20, chapter
6.5, report to the DTSC any incidents of noncompliance which
may endanger health or the environment in compliance with the
reporting requirements in title 22, Cal. Code Regs., section
66270.30(l) (6).
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No~ris Environmental Services, Inc.
Ha~ardous Waste Facility Permit
Da~e Issued: August 30, 1996
K. Notice of Planned Physical Chanqes and Certification of
Construction
The Owner or Operator shall give notice to the OTSC as soon as
possible, and, in any event, at least 30 days in advance of,
any planned physical alterations or additions to the permitted
facility. In addition, prior to commencement of the
treatment, storage, or transfer of hazardous wastes at a new
facility or modified portion of an existing facility, the
Owner or Operator shall comply with the requirements contained
in title 22, Cal. Code Regs., section 66270.30(l) (2).
L. Operation at Niqht
When the facility is operated during hours of darkness, the
Owner or Operator shall provide sufficient lighting to ensure
safe, effective management of hazardous wastes.
M. Part B Application (Operation Plan) of the Hazardous Waste
Facilitv Permit Application
1. By issuance of this permit, the Part B Permit Application
dated August, 1994, revised on June 1, 1995, January 31,
1996 and March 11, 1996, is hereby approved. This Part B
Permit Application and subsequent revisions as of March
11, 1996, thereto, subject to the permit modification
requirements contained in title 22, Cal. Code Regs.,
sections 66270.41 and 66270.42, are by this reference
made part of this permit.
2. The Owner or Operator shall operate and maintain the
facility in accordance with the approved Part B Permit
Application.
3. In the event of any conflict between this document and
the Part B Permit Application, the most stringent
provisions shall control.
4. The Part B Permit Application and this document shall be
maintained at the facility and place of business at all
times until closure is completed.
N. General Responsibilities of Owner or Operator
1. Compliance
The Owner or Operator shall comply with all conditions of
this permit in accordance with title 22, Cal. Code Regs.,
section 66270.30. The Owner or Operator shall comply
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Nokris Environmental Services, Inc.
Ha,ardous Waste Facility Permit
Da~e Issued: August 30, 1996
with all laws, regulations, permits, zoning conditions,
and all other requirements established by federal, state,
and local agencies.
2. Transfer of the Permit
This permit may be transferred to a new Owner or Operator
only if it is modified or revoked and reissued pursuant
to title 22, Cal. Code Regs., section 66270.40. The
Owner or Operator shall notify the Southern California
Branch, Glendale Office, Facility Permitting Branch
Chief, in writing, of a proposed change in ownership of
this facility no later than 90 days prior to the proposed
date of transfer. A copy of the notification, required
under title 22, Cal. Code Regs., section 66264.12(c),
informing the new Owner or Operator of the requirements
of this permit and title 22, Cal. Code Regs., division
4.5, chapters 14 and 20, shall be submitted to the DTSC
prior to the transfer.
3. Operation and Maintenance
a. The Owner or Operator shall at all times maintain
and operate this facility to minimize the
possibility of a fire, explosion, or any unplanned
release of hazardous waste or hazardous waste
constituents to air, soil, or surface water, which
could threaten human health or the environment.
b. The Owner or Operator shall maintain. all equipment,
pipes, secondary containment, and lines used at the
facility to handle, transfer, pump, or store
hazardous wastes in a manner that prevents the
leaking and spilling of hazardous wastes.
c. The Owner or Operator shall at all times properly
operate and maintain all facilities and systems of
treatment and control in accordance with title 22,
Cal. Code Regs., section 66270.30(e).
4. Phasing Out of Chlorine
a. Within 90 days after the effective date of this
permit, Owner or Operator shall submit to DTSC a
schedule to phase out the use of chlorine. The
schedule shall be implemented immediately when
approved by DTSC. Monthly progress reports shall be
submitted to DTSC until the completion of the
phasing out. The Owner or Operator is required to
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No~ris Environmental Services, Inc.
Ha~ardous Waste Facility Permit
Da~e Issued: August 30, 1996
phase out the use of chlorine before September 1,
1997.
b. Compliance Schedule Summary:
The Owner or Operator shall comply with the
following:
Tasks
Due Date
Submit schedule for the
phase out of the use of
chlorine
90 days after the
effective day of
this permit
Discontinue and remove
chlorine gas from the
facility
September 1, 1991
Submit Progress Report
The 15th calendar day
of every month
following the month
the schedule is
approved.
5. Submittal of Requested Information
The Owner or Operator shall furnish to the DTSC, within
the time frame specified by the DTSC in its request, any
relevant information which the DTSC may request to
determine whether cause exists for modifying, revoking
and reissuing, or terminating this permit, or to
determine compliance with this permit. The Owner or
Operator shall also furnish to the DTSC, upon request,
within the time requested, copies of records required to
be kept by this permit.
6. Hazardous Waste List
The Owner or Operator shall maintain a current list of
hazardous wastes that are handled by the facility. The
Owner or Operator shall, as necessary, update the
hazardous waste list presented in the approved Part B
Permit Application, in accordance with the permit
modification requirements contained in title 22, Cal.
Code Regs., section 66270.42 (a), (b) or (c). Any
additions to the list must be approved by the DTSC, in
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Norris Environmental Services, Inc.
Haz~rdous Waste Facility Permit
Dat~ Issued: August 30, 1996
accordance with the requirements of title 22, Cal. Code
Regs., sections 66270.41 and/or 66270.42, prior to their
inclusion.
7. Anticipated Noncompliance
The Owner or Operator shall give advance notice to the
DTSC of any planned changes in the permitted facility or
activity Which may. result in noncompliance with permit
requirements, in accordance with title 22, Cal. Code
Regs., section 66270.30(l) (2).
8. Noncompliance
In the event of noncompliance with the permit, the Owner
or Operator shall take all reasonable steps to minimize
or correct releases tp the environment, and shall carry
out all measures as are reasonable to prevent and correct
adverse impacts on human health or the environment. The
Owner or Operator shall report to the DTSC and to the
California Office of Emergency Services (800) 852~7550
any circumstances that may endanger public health or the
environment immediately upon becoming aware of the
incident.
9. Incomplete and/or Incorrect Information
Where the Owner or Operator becomes aware that any
relevant fact was not included in a permit application,
or incorrect information was submitted ina permit
application or in any report to the DTSC, the Owner or
Operator shall promptly correct the error or omission by
submitting the correct information to the DTSC.
O. Siqnatorv Reauirement
1. The Owner and Operator shall comply with the signatory
requirements in title 22, Cal. Code Regs., section
66270.11, for all applications, reports or information
submitted to the DTSC.
2. The Owner or Operator shall provide documentation of an
agreement for operation of the facility between the
property owner and the facility owner, if different from
the property owner, within 30 days of the issuance of
this permit.
P. Recvclina
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lorrls Environmenta1 Services, Inc.
Hazatdous Waste Faci1ity Permit
Date Issued: August 30, 1996
The Owner or Operator shall comply with the requirements for
recyclable hazardous wastes specified in title 22, Cal. Code
Regs., division 4.5, chapter 16.
Q. Option to Cease Operation
If the Owner or Operator decides to cease conducting regulated
activities rather than continue to operate and meet permit
requirements, the Owner or Operator shall comply with the
applicable requirements of title 22, Cal. Code Regs., section
66270.33(b).
III SPECIAL CONDITIONS
A. Prohibition of Disposal
Hazardous wastes shall not be disposed of at the facility.
B. Identification of Permitted and Prohibited Waste
1. A complete list of waste codes both in EPA waste codes
and California waste codes is attached (Attachment B).
Wastes that are not listed in Attachment B shall not be
accepted at the facility for storage or treatment.
2. NES shall not accept for treatment waste streams that are
prohibited under this permit or any other applicable
federal, state or local regulations.
Pursuant to this permit, Owner or Operator' shall not
accept for treatment wastes that are:
a. infectious (contain etiological agents/biohazards),
as defined in Title 49 of the Code of Federal
Regulations section 173.134;
b. flammable, as defined in Title 49 of the Code of
Federal Regulations Part 173, including flammable
gases (49 CFR, Sec.173.115) , flammable liquids (49
CFR, Sec.173.120), and flammable solids (49 qFR,
Sec.173.124);
c. explosive, as defined in Title 49 of the Code of
Federal regulation Section 173.50;
d. waste which equal or exceed the Total Toxic
Organics, Oil/Grease, pesticides, PCBs, and/or other
parameters set forth in the facility's permit issued
by the County Sanitation Districts of Los Angeles
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NoriiS &nvi~Dmental services, Inc.
Haz rdous Waste Facility Permit
Dat Issued: August 30, 1996
County.
e. prohibited waste that are listed in the tank list
(Attachment D).
C. Mitiqation Measures for Potential Environmental Impacts
1. For future construction activities, Owner or Operator
shall submit construction plans and any required
subsequent construction reports to the City of Vernon to
verify compliance with applicable Uniform Building Code
Zone 4 requirements. Copies shall be submitted to DTSC
to verify compliance.
2. Owner or Operator shall maintain on-site truck loading
zones to minimize congestion on local streets. Owner or
Operator shall post a sign in the receiving office
instructing truck drivers to shut off the engines after
arriving at the site, except when reasonably necessary to
move the trucks or to power accessories for loading or
unloading waste.
3. Owner or Operator shall inspect the pavement, containment
structures, berms, sumps, and housekeeping on a daily
basis to ensure no cracks, spills, or leaks are present.
Inspections shall be conducted immediately after an
earthquake or other events that could damage the
facility.
4. Construction equipment shall be fitted with mufflers,
silencers or other devices as feasible to reduce noise.
5. During the interim period between the issuance of this
permit and the elimination of chlorine gas at the
facility, Owner or Operator must continue to operate the
existing site safety features for chlorine use which
include the chlorine detectors and implementation of the
various features in the Risk Management and Prevention
Program by the City of Vernon.
6. The Owner or Operator shall limit daily truck traffic for
waste receiving to no more than 80 trucks per day.
7. The Owner or Operator shall limit railroad traffic for
waste receiving to no more than one car in any two-day
interval.
8. The Owner or Operator shall limit the transfer of
wastewater through pipeline to the facility to no more
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NoriiS Environmenta~ Services, Inc.
Haz rdous Waste Faci~ity Permit
Dat Issued: August 30, 1996
than 480 gallons per minute.
9. In the event of a chlorine release that has the potential
to impact off-site populations, the Owner or Operator
shall notify local school principals immediately in
addition to the required appropriate emergency response
agencies. These schools include Huntington Park High
School, Huntington Park Community Adult School, Pacific
Boulevard School, S.aint Matthias School, and San Antonio
Elementary School.
10. The Owner or Operator shall request that trucks deliver
during off-peak traffic. hours. These requests shall be
documented in the operating record and be made available
for DTSC's inspection upon request.
D. FacilitvActivities and Units
This permit authorizes operation of the following facility
units and listed 'activities for specified waste. This permit
also authorizes installation of the equipment, tank systems or
components as indicated. Any modification to the designated
units and/or permitted activities, other than those
specifically designated herein, requires approval of a permit
modification.
1. Storage and/or Treatment Tanks:
A tank list and map are attached (Attachments C and D)
to illustrate the treatment and storage tanks, the
capacities, dimensions, construction materials, wastes
handled and wastes prohibited. With the exception of
reagent tanks which handle only products rather than
wastes, any modifications, change in capacity or piping
to the tank systems are subject to the requirements set
forth in section II, F of this permit.
2. Storage and/or Treatment Areas:
Unit 1
The Southern container Storage Area
1. Waste Class : RCRA and Non-RCRA
2. Activity type: Storage and/or Treatment
3. Activity Description: The southern container storage
area has dimensions of 54 feet by 64 feet, and is
surrounded by 12-inch high berms on. three sides and
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I
Nor~1'S EnVironmen. tal Services, Inc.
Haz rdous Waste Facility Permit
Dat Issued: August 30, 1996
a 4-foot 4-inch wall on the side that abuts the
containment system for tanks 22, 23, 24 and 30. The
container storage area is constructed of 8-inch
reinforced concrete. Many types of containers are
used to store hazardous waste at the facility.
Some examples are small quantity (1-5 gallons)
containers or lab packs, drums ranging from 30 to
110 gallons, totes, bins, boxes, bags, overpaks.
All containers shall meet DOT regulations. Each
container has a label containing information
required. to properly handle the waste pursuant to
Title 49 CFR Part 172. The waste containers shall
not be stacked more than three levels.
4. Maximum capacity: 58,080 Unit of Measure: gallon
5. Waste Type: Liquids, slurries, and solids. The
origin of these wastes include those generated by
commercial industries, predominantly metal finishing
and associated process. Also includes aqueous
wastes from maintenance and cleaning operations,
landfill leachate, stormwater, emergency and routine
mitigation and remediation.
6. Waste Codes: See attachment I for waste codes
7. Excluded Waste Types: Any waste that is not
compatible with the wastes stored at the same
location and the materials of the containers.
Unit 2
The Northern container storage Area
1.
Waste Class
RCRA and Non-RCRA
2. Activity type: Storage and/or Treatment
3. Activity Description: The northern container storage
area has dimensions of 26 feet by 50 feet, and is
surrounded by 8-inch high berms on all sides. The
container storage area is constructed of reinforced
concrete. Many types of containers are used to
store hazardous waste at the facility. Some
examples are small quantity (1-5 gallons) containers
or lab packs, drums ranging from 30 to 110 gallons,
totes, bins, boxes, bags, overpaks. All containers
shall meet DOT regulations. Each container has a
label containing information required to properly
handle the waste pursuant to Title 49 CFR Part 172.
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I
Nor~iS Environmental Services, Inc.
Haz rdous Waste Facility Permit
Dat Issued: August 30, 1996
The waste shall not be stacked more than three
levels.
4.
Maximum Capacity:
15,840 unit of Measure: gallon
5. Waste Type: Liquids, slurries, and solids. The
origin of these wastes include those generated by
commercial industries, predominantly metal finishing
and associated process. Also includes aqueous
wastes from maintenance and cleaning operations,
landfill leachate, stormwater, emergency and routine
mitigation and remediation.
6. Waste Codes: See Attachment B for waste codes
7. Excluded Waste Types: Any waste that is not
compatible with the wastes stored at the same
location and the materials of the containers.
Unit 3
The Bulk containment Area
1.
Waste Class
RCRA and Non-RCRA
2. Activity type: Storage and/or Treatment
3. Activity Description: The bulk container storage
area has an approximate total area of 13,600 square
feet and is designed for storing waste in tank
trucks or roll-off bins or other DOT-approved
containers. The whole area is paved and sloped to
aid drainage and contain possible spills. Each
container has a label containing information
required to properly handle the waste pursuant to
Title 49 CFR Part 172. Covers are required, if
applicable, to all containers at all times.
4. Maximum Capacity: 360,000 Unit of Measure: gallon
5. Waste Type: Liquids, slurries, and solids. The
origin of these wastes include those generated by
commercial 'industries, predominantly metal finishing
and associated process. Also includes aqueous
wastes from maintenance and cleaning operations,
landfill leachate, stormwater, emergency and routine
mitigation and remediation.
6. Waste Codes: See Attachment B for waste codes
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Nor is Environmental Serviees, Inc.
Haz rdous Waste Facility Permit
Dat Issued: August 30, 1996
7. Excluded Waste Types: Any waste that is not
compatible with the wastes stored at the same
location and the materials of the containers.
Unit 4
The Primary Off-loading Area
1. Waste Class : RCRA and Non-RCRA
2. Activity type: storage
3. Activity Description: The primary off-loading
storage area has an approximate total area of 3,264
square feet, and is surrounded by 12-inch high berms
on all sides. The container storage area is
constructed of 9-inch reinforced concrete. Many
types of containers are used to store hazardous
waste at the facility. Some examples are small
quantity (1-5 gallons) containers or 'lab packs',
drums ranging from 30.to 110 gallons, totes, bins,
boxes, bags, overpaks. All containers shall meet
DOT regulations. Each container has a label
containing information required to properly handle
the waste pursuant to Title 49 CFR Part 172. The
waste shall not be stacked more than two levels.
4. Maximum Capacity: 16,500 Unit of Measure: gallon
5. Waste Type: Liquids, slurries, and solids. The
origin of these wastes include those generated by
commercial industries, predominantly metal finishing
and associated process. Also includes aqueous
wastes from maintenance and cleaning operations,
landfill leachate, stormwater, emergency and routine
mitigation and remediation.
6. Waste Codes: See Attachment B waste codes
7. Excluded Waste Types: Any waste that is not
compatible with the wastes stored at the same
location and the materials of the containers.
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~ORRIS
Environmental Services, Inc.
. .
5375 SO. BOYLE AVE - P.O. BOX 58128
LOS ANGELES, CALIFORNIA 90058
(800) 266-7747 FAX (213) 582-6879
September 30, 1996
MJ;. Jose Kou
Chief, Permitting Branch
Cal/EP A, Dept. of Toxic
Substances Control
Southern California Branch
1011 North GrandviewAvenue
Glendale, CA 91201
Re: Hazardous Waste Facility Permit No. 96-SC-TS-06
Norris Environmental Services, Inc., CAD 097030993
Petition for Review of Permit Conditions
Dear Mr. Kou:
By this letter, Norris Environmental Services, Inc. [liNES"] petitions for review of
certain specific conditions set forth in the Hazardous Waste Facility Permit ["Permit"]
issued toNES by the Department of Hazardous Substances Control ["DTSC"] on
August 30,1996. The appealed conditions are specifically identified according to the
page number and section number contained in the Permit. .
1. DTSC's Attempted Regulation oiNon-hazardous Wastes. [Permit, p. I, S LA.4.]
The appealed Permit provision states:
NES is a treatment and storage facility that treats, stores and transfers hazardous
and non-hazardous wastes from outside commercial sources. The facility .
accepts a variety of wastewater, sludges, and solids for treatment. The permitted
maximu~ quantities of liquid or slurried hazardous/non-hazardous waste
treated ormanaged at the NES facility is 33,126,000 gallons per month. . . .
The permitted maximum quantity of hazardous/non-hazardous solid wastes
treated or managed is 30 t40usands tons per year.
(Emphasis added). DTSC lacks any authority whatsoever to regulate non-hazardous
wastes. These wastes are outside the bounds of DTSC's regulatory authority and this
portion of the condition is apparently based on a clearly erroneous conclusion of law.
Furthermore, DTSC's attempt to regulate non-hazardous waste presents an important
policy issue that DTSC should review. NES requests that the underlined provisions of
the section of the Permit quoted above be deleted.
Mr. Jose Kou
September 30,1996
Page 2
NES also appeals DTSC's attempt to limit the amount of solids wastes that can be
treated or transferred at NES during a year to 1/30 thousand tons per year.1/ NES
believes that DTSC may limit the amount of hazardous wastes that may be stored onsite
at any given time [i.e., DTSC may limit maximum storage capacity], but knows of no
authority under which DTSC may regulate the amount of wastes being handled or
transferred by the facility over a year's time. This provision appears to be based on a
clearly erroneous conclusion of law. The provision should be deleted.
2. Notice of Planned Physical Changes and Certification of Construction. [Permit,
p. 6, 9 U.K.]
The Permit states:
The Owner or Operator shall give notice to the DTSC as soon as possible, and,
in any event, at least 30 days in advance of, any planned physical alterations or
additions to the permitted facility. In addition, prior to commencement of the
treatment, storage or transfer of hazardous wastes at a new facility or modified
portion of an existing facility, the Owner or Operator shall comply with the
requirements set forth in title 22, Cal. Code Regs., section 66270.300> (2).
NES seeks clarification of this provision, which on its face is not limited to the permitted
units or activities at the facility. Itwould appear to require notice to DTSC of virtually
any modification of the NES facility, including office trailers installed at the facility, the
construction of new bathrooms or office space, or the installation of a truck scale.
Portions of the facility not used for the treatment, storage, or handling of hazardous
wastes are not regulated by DTSC and may be modified by NES without any prior
notice to or approval by DTSC. NES suggests that the provision could be clarified as
follows:
The Owner or Operator shall give notice to the DTSC as soon as possible, and,
in any eyent, at least 30 days in advance of, any planned physical alterations or
additions to tfte. permitted units or activities at the facility. In addition, prior
to commencement of the treatment, storage or transfer of hazardous wastes at a
new facility or modified portion of an existing facility, the Owner or Operator
shall comply with the requirements set forth in title 22, Cal. Code Regs.,
section 66270.300> (2).
Mr. Jose Kou
September 30,1996
Page 3
3. Prevention of Spills. [Permit, p. 7,9 II.N.3.b.].
The Permit states:
The Owner or Operator shall maintain all equipment, pipes, secondary
containment, and lines used at the facility to handle, transfer, pump, or store
hazardous wastes in a manner that prevents the leaking and spilling of
hazardous wastes.
(Emphasis added). NES appeals this condition because it appears to set an unattainable
standard for a facility operator - that all leaks and spills be prevented. "Allleaks and
spills" is not limited to spills that reach the environment (i.e., soil, water, or air),} but
appears to include a minor spill of even a few drops of material onto containment that is
promptly cleaned up. Pump repairs and valve replacements mvariably involve the
leaking of small quantities of waste into containment. Such routine maintenance
actions would appear to be violations subject to penalties of $25,000 per day under this
provision, as drafted. Such a result cannot be the intent of the regulations, which set
forth a more reasonable standard in 22 C.C.R. 9 66264.31, and therefore this condition is
apparently based on an erroneous regulatory interpretation. Furthermore, it presents
an impossible standard to attain, and DTSC should review this as a matter of policy.
NES requests the following clarifying changes:
The Owner or Operator shall maintain aIi cqnipme~t, pipes, secondary
containment, and lines used at- the facility tc: handle, transfer;'pump, or store
hazardous wastes in a manner that. is infended- to minimize the possibility. of.
prevents the leaking and spilling of hazardous wastes into the environment.
} 22 c.c.R. 9 66264.31 requires that "Facilities shall be located, designed, constructed, maintained, and
operated to minimize the possibility of a fire, explosion, o!' any unplanned sudden or non-sudden release
. of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten
human health or the environment." It does riot absolutely prc.hibit spills anywhere at the facility as the
provision in the permit appears to do.
:
Mr. Jose Kou
September 30, 1996
Page 4
4. Compliance with Parameters in Sanitation Districts' Permit. [Permit, p. 10,
9 ill.B.2.d.]
The Permit prohibits the facility from accepting the following for treatment:
Waste which equal or exceed the Total ToXic Organics, Oil/Grease, pesticides,
PCB's, and/or other parameters set farth in the facility's permit issued by the
County Sanitation -Districts of Los Angeles County.
This condition was added to the Final Permit, so NES may appeal it. The portion of this
provision that lists the specific parameters is unnecessary and is potentially confusing.
It is unnecessary because the specific parameters are already covered by requirements
in NES's permit issued by the Sanitation Districts. It is potentially confusing because it
appears to "lock in" the current requirements of the Sanitation Districts' permit to NES,
making them forever enforceable by DTSC as permit conditions, despite the fact that the
requirements set forth in the permit from the Districts may well change over time. In
fact, EP A has proposed new regulations for centralized waste treatment facilities. Since
neither DTSC or NES knows what the parameters in the final or subsequent regulations
will be, reference to specific parameters should be eliminated from the Final Permit.
Finally, DTSC lacks any authority to enforc~ the requirements of the Los Angeles
County Sanitation Districts' permit. For all these reasons, NES suggests the provision
be deleted or revised as follows:
Waste which equal or exceed the +otal Toxic Organics, Oil/Crease, pesticides,
PCB's, and/or other parameters set forth in the facility's permit issued by the
County Sanitation Districts of Los Angeles County, as it may be amended
from time to time.
5. Prohibited Wastes. [Permit, p. 11,9 ill.B.2.e.] The appealed provision states:
Pursuant to this permit, Owner or Operator shall not accept for treatment
wastes that are: ... '
(e) prohibited waste that are listed in the tank lis~ (Attachment D).
This provision, which was added to the Final Permit, must be deleted from the Permit
because it would have serious, unintended, and ~atastrophic impacts on NES, if
implemented, as discussed below.
. .
Mr. Jose Kou
Septenrrber30,1996
Page 5
DTSC attached to the Pernrrit (as Attaclunent D) a list of tanks at NES, which included
the following information:
· waste types for storage/treatm.ent in each tank
· a description of wastes that are incompatible with the wastes identified for
storage/treatm.ent in each specific tank
Many of the inconrrpatible wastes listed on Attaclunent Dare conrrpletely acceptable for
treatment by NES (in other, conrrpatible tanks) and are wastes that appear on the list of
approved waste codes appearing elsewhere in the Permit (Attadunent B) that DTSC
had determined can be received or treated by NES.
The unintended consequence of the appealed provision is to disallow at the facility
wastes that were listed as being inappropriate for storage I treatm.ent in certain tanks! In
effect, this provision would nullify the list of approved waste codes appearing in
Attaclunent B. We are certain this result was unintended.
If DTSC determines thatit is necessary to identify a list of waste codes that NES is not
allowed to accept, that list could be conrrpiled by conrrparing the list of approved codes
(Attadunent B) with the universe of regulated hazardous waste codes. NES believes
such a list of prohibited wastes would be superfluous.
6. Linrrits on Railroad Traffic. [permit, p. 11,9 ill.C.7.] The appealed provision in
the PerIIlit states:
The Owner or Operator shall limit railroad traffic for waste receiving to no
more than one car in any two-day interval.
NES appeals this condition, which was added to the Final Permit, for several reasons.
First, DTSC lacks authority to" regulate rail traffic or rail transportation generally.
"Without doubt, Congress has undertaken the regulation of almost all aspects of the
railroad industry. . .. Congress's general intent [is] that the railroads should be
regulated primarily on a national level through an integrated network of federal law."
Rf. Connan RR Co. v. Palmore, 999 F.2d 149, 152 (6th Cir. 1993). Congress has expressed
its intent that" car service" (which includes use, control, supply, movement, distribution
and return of rail cars, as well as the supply of trains by a rail carrier (49 V.S.C.
9 10102(2)) and "transportation" (services related to movement of property by rail,
including receipt, delivery, transfer in transit, storage, handling, and interchange of
property (49 V.S.C. 910102(9}) be under the exclusive jurisdiction of the federal Surface
Transportation Board. 49 U.S.C. 9 10501. .
Mr. Jose Kou
September 30, 1996
Page 6
. Second, the provision is impractical and unworkable. NES may request that its
customers send no more than one rail car every two days, but despite that request, the
railroad delivers the cars whenever it wishes. It is entirely possible that despite NES's
request, two or more rail cars could be delivered to NES on a single day.
NES suggests that the provision be deleted as beyond the bounds of DTSC's authority.
In the alternative, NES suggests that it be revised as follows:
The Owner or Operator shall limit railroad traffic for waste receiving to no
more than eae.183 car~ in any tv..o day one-year interval. Any disaster or
emergency situation that would exceed this limit would be dealt with through
an emergency permit issued by DTSC.
7. Maximum Rate for Receipt of Waste Via Pipeline [Permit, p. 11,9 ill.C.7.]
A condition added to the Final Permit purports to set a limit on the rate at which wastes
flow through pipelines on their way to NES, as follows:
The Owner or Operator shall limit the transfer of wastewater through pipeline
to the facility to no more than 480 gallons per minute. .
This condition is flawed for several reasons. First, DTSC cannot regulate pipes
belonging to NES customers or the throughput rate' in such pipes by placing a
condition in the NE~ permit. Second, DTSC has no authority to limit rate of flow
through pipes at a facility without first identifying an environmental impact r~lated to
flow rate. DTSC regulations do not govern process flow rates or piping. Finally, the
condition is impractical and impossible to enforce. It is not clear whether DTSC
intended that any single pipeline could not be used at more than 480 gallons per
minute (apparently regardless of the size of the pipeline) or whether all pipelines to the
facility cannotcollectively exceed the rate of 48G gpm. (For example, would it be a
permit violation (with potential penalties of $25,00C per d~y) to simultaneously receive
wastes through two pipelines, each operating at a flow rate of 300 gpm?) The
condition should be deleted. '
8. NES Actions to Limit Trucks' Delivery Times [Permit, p. 12,9 ill. C.10.]
A condition added to the Final Permit requires NES to implement measures to regulate
incoming truck traffic, as follows:
Mr. Jose Kou
September 30, 1996
Page 7
The Owner or Operator shall request that trucks deliver during off-peak traffic
hours. These requests shall be documented in the operating record and be
made available for DTSC's inspection upon request.
The condition attempts to regulate the hours of delivery by NES's incoming customers.
DTSC lacks any authority whatsoever to regulate the hours of local traffic -- a matter
governed by the City of Vernon. Furthermore, the environmental impact report did not
identify any significant environmental impact related to the hours of truck delivery;
therefore, the condition is not an appropriate mitigation measure.
In addition, NES is almost powerless to control the delivery time of its cuStomers.
Although most trucks attempt to "schedule" to arrive at specific times, travel distance,
traffic, weather, and other factors may result in ununpredictable arrival times.
Emergency response loads are rarely scheduled and often arrive unannounced from a
variety of fire departments and other public agencies.. If NES does not know the trucks
are coming, how can it request that they deliver during off-peak hours? The condition
is unworkable.
Further, the condition requires that NES document in its operating record that these
requests to truck drivers have been made, with the potential penalty for non-
. compliance of $25,000 per day. NES is at a loss to develop a method by which it can
comply with this requirement. Does DTSC intend that NES telephone all potential
customers that may bring waste to its facility and make a log of such calls? Would a
one-time mass mailing to all existing customers be sufficient compliance and
documentation thereof? The condition is absurdly vague and burdensome.
Finally, the most that NES could ever do is make non-binding "requests" of its
customers, which they would be free to reject or disregard without penalty. In view of
the lack of any regulatory justification for this condition and the unlimited compliance
problems it entails, it should be deleted from the Permit. . , .
9. Treatment in the Primary Off-Loading Area. [Permit, p. 15, section III.D.4.]
The Permit indicates (on page 15) that the only permissible "activity type" in the
Primary Off-loading Area is "storage." In comments submitted to DTSC by NES on the
draft permit, NES requested that DTSC add "treatment" to the designated activities for
this area because: (1) treatment is now conducted in the Off-loading Area and is critical
to NES's operations; (2) the Part B application (which is incorporated into the Permit)
identifies the types of treatment NES conducts there. DTSC rejected the request by
NES, and responded to its comment as follows:
.;
Mr. Jose Kou
September 30, 1996
Page 8
Due to the high volume traffic and limited space in the Off-loading
Area, treatment in containers or tankers ~ay not be protective of human
health and safety. All treatment must be restricted to authorized areas
which prohibit access by personnel other than trained workers.
(DTSC Response to Comments at p. 61.)
DTSC's rejection of NES's request to allow treatment and its articulated rationale for
doirig so reflect a lack of understanding of NES's operations, treatment processes, and .
site security, as explained more fully below.
First, "treatment" has long occurred in the Primary Off-loading Area. "Treatment''2. is a
broad term of art that includes filtering, , blending, decanting, container and tanker
washing and decontamination, solidification, carbon adsorption, and oil/water
separation. Opening, sampling, handling, and testing of wastes occur in the Off-
loading Area, as well as the combining of compatible drummed wastes. All of these
activities are described in the Part B application. All occur daily as needed in the .
Primary Off-loading Area. DTSC has never in the past (either during more than 5 years
spent reviewing NES's Part B application or during nUmerous facility inspections)
raised any concern about the appropriateness or sc..fety of these practices. . There is no
other area at the facility in which the above-listed activities can be conducted.
Further, there are several permanently and seismolo~cally affixed treatment units in
the Primary Off-loading Area. Under the Permit as written, an inspector could.find
them now to be in violation of the Permit. These include carbon filters, an oil/water
separator, and related filters.
2 Under federal regulations, "treatment" means any method, technique, or process, including
neutralization, designed to change the physical, chemical,. or biological character or composition of any
hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the
waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or
dispose of; or amenable for recovery, atn,enable for storage, or reduced in volume. 40 C.F.R 9260.10.
RCRA contains a less inclusive but otherwise identical definition, but then addf;: "Such term includes any
activity or processing designed to change the physical form or chemical composition of hazardous waste
so as to render it nonhazardous." 42 u.s.c. 9 6903 (34).
Under state regulations, "treatment" means any method, technique, or process which c.hanges or is
designed to change the physical, chemical, or biological character or composition of any hazardous wastenor any material contained therein, or removes or reduces its harmfu.l. properties or characteristics for any
purpose including, but not limited to, energy recovery, material recovery, or reduction in volume. 22 '.
C.C.R 9 66260.10. Health & Safety Code section 25123.5 contains a n~arly identical definition.
Mr. Jose Kou
September 30, 1996
Page 9
. DTSC's respons~ to NES's comment on this isSue suggests that the Primary Off-loading
Area is not an appropriate area with restricted access. This represents an obvious lack
of familiarity with the facility and an erroneous finding of fact by DTSC. The NES Off-
loading AIea is not on a public highway or thoroughfare. AcCess to the entire facility is
controlled via electronic gates and video cameras. The Off-loading Area is on the
interior of the facility and no unauthorized access is allowed. The only non-NES
employees allowed in the Off-loading AIea are the truck drivets themse1ves, whose
actions are carefully monitored by NES personneL They are directed to move their
trucks through various pointS on the facility in a coordinated process between NES's
Receiving staff and Off-load staff. Truck drivers are not allowed to move their trucks
unless instructed to do so by NES employees. One truck at a time.is allowed to move,
and move slowly, to unloading position, then forward toward the truck scale to exit
onto Boyle Avenue, a public street. Truck drivers are not allowed to wander through
any of the adjacent areas at the facility and must remain with their trucks during
unloading. These procedures are safe, thorough, and appropriate.
DTSC has articulated no reason why the facility should not continue to operate as it has
safely operated for years. Nor is there any. U DTSC maintains this Permit condition, it
will effectively disallow the use of NES's oil/water separator located on the west side of
the Off-loading Area and its containment, as well as the carbon absorption treatment
system located. just afew feet east of the pumping manifold and well within the Off-
loading Area and its containment. This condition would in effect deny NES the ability
to receive, handle, clean and process tankers and containers at the facility and is
completely arbitrary, unjustified, and unacceptable. NES respectfully requests that .
DTSC add "treatmenr' asa permitted activity in the Primary Off-loading,Area.
10. Requirements for Containers [Permit, pp. 12-15,9 m. D.]
The Final Permit contains numerous added requirements that all containers stored at
the facility meet DOT regulations. DTSC noted in its response to comments that it
added these provisions to the Final Permit to "enhance the enforceability of the permit."
(DTSC Response to Comments at p. 74). The permit also adds provisions requiring all
containers to be labeled "in accordance with 49 CPR part 172." This quoted language
was added without any comment 'or justification by DTSC. NES appeals these
conditions as inappropriate and contrary to law.
No California regulation requires that containe::s in a hazardous waste container
storage area meet oar regulations. At times, NES stores portable tanks, hoppers, bins
and other items classified by DTSC as II containers" in these areas. These containers are
suitable and appropriate for suchuse; however, they do not meet DOT regulations.
'.
...
Mr. Jose Kou
September 30, 1996
Page 10
Title 49 CPR part 172 sets forth requirements for highway transportation of containers,
not requirements for onsite storage. NES is aware of no regulatory requirement that a
container in a hazardous waste storage area that is not being transported on a highway
be labeled in accordance with the requirements of 49 CPR part 172. These conditions
relating to DOT regulations should be eliminated from the Permit.
11. Lack of Map in Description of Facility [Perrriit, p. 1,91.]
The description of the facility lacks a map, metes and bounds description, or even the
acreage of the facility. DTSC indicated that it added a "detailed description of the
location of the facility" (DTSC Response to Comments at p. 73), but this is not really
accurate or adequate. The the assessor's parcel number does not accurately reflect the
boundaries of the permitted facility, and the latitude and longitude is of little real value.
The map currently contained in the permit is NOT referenced in this section, and the
map is inaccurate anyway because it does not include Building 12. Attached hereto is a
recently surveyed map of the NES facility, which accurately delineates the facility
boundaries. NES requests that the Permit be revised so that the facility description
refers to the attached map (Exhibit A).
All conditions in the Permit not expressly mentioned and appealed herein are not
challenged or appealed and therefore become effective on September 30, 1996 (unless
appealed by some other party).
Thank you for your consideration of the foregoing request for review.
Sincerely,
~#~
Richard Henninger
President
cc: Elizabeth M. Weaver, Esq.
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CY
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
SSe
I, Mike DeFrank, Engineering Aide of the City
of Vernon, do hereby certify that I did, on the 5th day
of June, 1997 at 3:40 pm, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held on June 17,
1997, (see attached copy) regarding a conditional use
permit application for u.S. FILTER RECOVERY SERVICES
(CALIFORNIA), INC. to operate and expand an existing
hazardous waste treatment facility at 5375 Boyle Avenue
in the City of Vernon.
One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific
Boulevard; and on the bulletin board in the lobby of the
City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of
Vernon.
Date: (,-J:~"l p?;h Ll-~/
Mike DeFrank, Engineering Aide
State of California
)
) sS.
)
Co
~
before me
ry Publi , personally appeared Mike DeFr
pe onally known to me (or known to me on th
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal
~(){)JV ~. fho~
)~ ~~ ~""" GlOmi OROSCo-1
[~ . Comm. # 1026355 ~
~ · NOTARY PUBLIC . CALfORNIA TI
... Los ~ COlI1ly .IJ
~ . ,,, 9oY"O, tit Ccmm. ExpireS May 26. 1998 t
~~--....,- ~ ~~n" "" ~.......~-....r~
*
I ."
...i....
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may
attend.
Place:
Time:
Applicant:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, June 17, 1997 at 5:00 p.m.
u.s. FILTER RECOVERY SERVICES
(CALIFORNIA), INC.
The purpose of the hearing is to obtain testimony from affected
and/or interested persons regarding this application. The public is
also invited to submit written comments regarding the request prior to
the Hearing.
Request:
Property Involved:
Grant a conditional use permit to allow the
operation and expansion of an existing
hazardous waste treatment facility. As a
responsible agency the City will also be
considering the adequacy of the Final EIR in
order to approve findings and a Statement of
Overriding Consideration.
5375 Boyle Avenue (see reverse side)
The application, maps, Final EIR and
supporting information are available in
the office of the City Clerk, Vernon
City Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this conditional use permit or
any provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
Review of the file:
CE V. MALKENHORS
City Administrator/C'
I.~
.
1
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5
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AFFIDAVIT OF MAILING
I, patricia Salerno, declare as follows:
1. That I am employed in the Community
Services Department in the position of Secretary to the
Director of Community Services.
2. That on June 5, 1997 I mailed a copy of
NOTICE OF PUBLIC HEARING to be held on June 17, 1997 (see
attached copy) along with the attached letter regarding a
conditional use permit application for u.s. FILTER
RECOVERY SERVICES (CALIFORNIA), INC. to operate and expand
an existing hazardous waste treatment facility at 5375
Boyle Avenue to the owners, tenants and interested parties
on the attached lists, by united States Mail with postage
prepaid.
CJllAj~~~
.,
CITY HALL
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETHJ. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
CITY COUNCIL
ILEONIS C. MALBURG
I Mayor
I
I THOMAS A. YBARRA
I
: Mayor Pro-Tern
I
! Wm. "BILL" DAVIS
I Councilman
Ik. "LARRY" GONZALES
I
I Councilman
~ MICHAEL McCORMICK
! Councilman
I
i
B~UCE V. MALKENHORST
city Administrator/City Oerk
FAX: (213) 581-7924
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
~EPflO~(213)583-8811
June 5, 1997
C-10
Interested parties or property owners:
Enclosed herewith for your information is a Notice of Public
Hearing to consider an application for a conditional use permit
to operate and expand an existing hazardous waste treatment
facility located at 5375 Boyle Avenue in Vernon. The applicant,
U.S. Filter Recovery Services (California), Inc., has taken over
the operation of the NI Industries hazardous waste treatment
facility from Norris Environmental Services.
~ i
A copy of the application and supporting evidence is
available for public review at my office between the hours of
7:15 am and 5:15 pm Monday through Thursday.
You are welcome to attend the Meeting on June 17, 1997 or to
send written comments prior to the meeting if you so desire.
This notice is intended for interested parties or property
owners within the project area. If you are no longer a property
owner in this area, please forward this notice to the new
property owner.
ve~~'E'
of Community Services & Water
Dire
Ips
*
*
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
(213) 583-8811
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may
attend.
Place:
Time:
Applicant:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, June 17, 1997 at 5:00 p.m.
u.s. FILTER RECOVERY SERVICES
(CALIFORNIA), INC.
The purpose of the hearing is to obtain testimony from affected
and/or interested persons regarding this application. The public is
also invited to submit written comments regarding the request prior to
the Hearing.
Request:
Property Involved:
Review of the file:
Grant a conditional use permit to allow the
operation and expansion of an existing
hazardous waste treatment facility. As a
responsible agency the City will also be
considering the adequacy of the Final EIR in
order to approve findings and a Statement of
Overriding Consideration.
5375 Boyle Avenue (see reverse side)
The application, maps, Final EIR and
supporting information are available in
the office of the City Clerk, Vernon
City Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this conditional use permit or
any provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
UCE V. MALKENHORS
City Administrator/C'
. il
, .
I
Lucille RtYbal-AlIard
Congress oman
255 E. T mple Street
Suite 18(jO
Los Angqles, CA 90012
ATTN: *na Figueroa
Charles Calderon
State Senator - 30th District
400 N. Montebello Boulevard
Montebello, CA 90640
Ci~o~Huntin~onPark
PlanniIjlg Department
6550 ~iles Avenue
HuntiItton Park, CA 90255
Ci~ o~ Los Angeles
Planni1j1g Department
200 N.I Spring Street
Los AItgeles, CA 90012
Ci~ of Commerce
Planning Department
2535 Commerce Way
Commerce, CA 90040
City of Bell
Planning Department
6330 Pine Street
Bell, CA 90201
Board ot1 Supervisors
Los Ang~les County
Director pf Planning
James H~ - Room 1390
320 West Temple Street
Los Ang~les, CA 90012
South ~oast Air Quali~
Management District
21865 IE. Copley Drive
Diam~d Bar, CA 91765
Gloria Molina
Board of Supervisors
500 West Temple Street
Suite 856
Los Angeles, CA 90012
Ci~ of Cudahy
Planning Department
5220 Santa Ana Street
Cudahy, CA 90201
Brian Scjmlon
L.A. Co~ty Public Works
MapPin~& Property Management
900 S. F emont Avenue
10th Flo
Alhamb~ CA 91803
Dave J1Carrker
California Water Service
5243 ~. Sheila Street
COJ1U1l,erce, CA 90022
L.A. Coun~ Sanitation District
P.O. Box 4998
Whittier, CA 90607
Smooke - c/o Wellman Properties
405 Mateo Street
Los Angeles, CA 90013-2219
lJ. Li~le
J.l Li~le Company, Inc.
3700 ~anta Fe Avenue
Vernoh, CA 90058
Sidney R. Title
Market Properties, Inc.
5245 Pacific Concourse
Suite 190
Los Angeles, CA 90045
H.P. Long
Sweetener Products
2050 E. 38th Street
Vernon, CA 90058
L.R. Uuppen
I
Metal rroducts Engineering
3050 Leonis Boulevard
Verno~, CA 90058
David Nazaryk
Catell s Development Corp.
1065 . PacifiCenter Drive
Suite 00
Anah im, CA 92806
Louis Chertkow
Elkay Plastics Company, Inc.
P.O. Box 23008
Vernon, CA 90023
Martha Escutia
State Assemblywoman
2650 Zoe Avenue - 2nd Floor
Huntin~on Park, CA 90255
Dolores Petullo
Chamber of Commerce
3801 Santa Fe Avenue
Vernon, CA 90058
LA Unified School
Real Estate and Asset Management Branch
Environmental Review Unit
355 South Grand Avenue, Suite 500
Los Angeles, CA 90071
Mothers of East L.A.
Ms. Guiterrez
924 S. Mott Street
Los Angeles, CA 90023
Ci~ of Maywood
Planning Department
4319 Slauson Avenue
Maywood, CA 90270
Robert J. Niccum
L.A. Unified School District
1425 S. San Pedro Street
Room 10 1
Los Angeles, CA 90015
Joseph R. Garruba
California Portland Cement Co.
2025 E. Financial Way
Glendora, CA 91740
John Kinas
United States Aluminum
3663 Bandini Boulevard
Vernon, CA 90023
Ron Matik
33292 Pleasant Oak Drive
Springville, CA 93265
Ellen Orlando
Karen Lehrer
2300 E. 11 th Street
Los Angeles, CA 90021
I
.: 4
i . ~
conn1e M. Carrasco, President
Che -Tech Systems, Inc.
3650 ast 26th Street
V em~n, CA 90023
Jame$ H. Hilands
Heger Realty Corporation
5657 E. Washington Boulevard
I
Los Angeles, CA 90040
~
E.J. Contreras
Owens-Brockway
2901 Fruitland Avenue
Vemon, CA 90058
City of Long Beach
Office of the City Manager
City Hall
333 W. Ocean Boulevard, 13th Floor
Long Beach, CA 90802
Brent P. Chappell
Catellus Development Corporation
1065 N. PacifiCenter Drive
Suite 200
Anaheim, CA 92806
Sun west Screen Graphics Inc.
5401 Boyle Avenue
Vernon, CA 90058
Phoenix Draperies International
5455 Boyle Avenue
Vernon, CA 90058
NI Industries, Inc.
5215 S. Boyle Avenue
Vernon, CA 90058
Engineered Coating Tech. Inc.
2838 54th Street
Vernon, CA 90058
V &G of California
2840 54th Street
Vernon, CA 90058
Vacant
2844 54th Street
Vernon, CA 90058
R&R&Jimenez Cutting Service
2848 54th Street
Vernon, CA 90058
Alkam Home Fashions
2856 54th Street
Vernon, CA 90058
Vacant
2862 54th Street
Vernon, CA 90058
Non-Stop Finishing
2864 54th Street
Vernon, CA 90058
. .
Aluminum Company of America
5151 Alcoa Avenue
Vernon, CA 90058
r .
Vacant
2912 54th Street
Vernon, CA 90058
Price Fashion Inc.
2914 54th Street
Vernon, CA 90058
Best Mexican Foods Inc. (B.M.F. Inc.)
2924 54th Street
Vernon, CA 90058
Engineered Coating Tech Inc.
2926 54th Street
Vernon, CA 90058
Vacant
2928 54th Street
Vernon, CA 90058
A.e.L. Cutting Service
2930 54th Street
Vernon, CA 90058
B.M.F. Inc. (Best Mexican Foods)
2932 54th Street
Vernon, CA 90058
N.I. Industries #10
2938 54th Street
Vernon, CA 90058
Nationwide papers
2962 54th Street
Vernon, CA 90058
Owens Brockway (Illinois) Glass Co.
2900-01-23 Fruitland Avenue
Vernon, CA 90058
Vacant
2868 54th Street
Vernon, CA 90058
Graham Lee & Associates
2870 54th Street
Vernon, CA 90058
Vacant
2874 54th Street
Vernon, CA 90058
Vacant
2876 54th Street
Vernon, CA 90058
Engineered Coating Technology Inc.
2882 54th Street
Vernon, CA 90058
Vacant
2888 54th Street
Vernon, CA 90058
Contempra Woodfinishing/Painting
2890 54th Street
Vernon, CA 90058
Pride Jeans Inc.
2898 54th Street
Vernon, CA 90058
Vacant
2900 54th Street
Vernon, CA 90058
Price Fashion Inc.
2906 54th Street
Vernon, CA 90058
I- " .
, '
Aluminium Company of America
2100 E. 25 th Street
Vernon, CA 90058-1126
Aluminum Company of America
5151 Alcoa Avenue
Vernon, CA 90058
Owen's lllinois Glass Container, Inc.
1-Seagate
Toledo, Ohio 43666-??oo
Levine, Sid ET AL TRS
9300 Wilshire Blvd.
Ste 410
Beverly Hills, CA 90212-3210
Ronald R. Levine et al Trust
9300 Wilshire Blvd.
Ste 410
Beverly Hills, CA 90212-3210
NI Industries, Inc.
5215 S. Boyle Avenue
Vernon, CA 90058-3907
Levine, Hyman and Emma
9300 Wilshire Blvd.
Room 410
Beverly Hills, CA 90212-3210
Rick Henninger
5375 Boyle Avenue
Vernon, CA 90058
Debbie Bright
Environmental Audit
1000-A Ortega Way
Placentia, CA 92870
~ i
GJ
STATEMENT OF FINDINGS,
OVERRIDING CONSIDERATIONS
AND MITIGATION MONITORING PLAN
for the
NORlUS ENVIRONMENTAL SERVICES
HAZARDOUS WASTE FACILITY APPLICATION
ENVIRONMENT AL IMPACT REPORT
California Environmental Protection Agency
Department of Toxic Substances Control
Region 3
State Clearinghouse No. 95011014
August 1996
t
TABLE OF CONTENTS
TABLE OF CONTENTS
Statement of Fmdings, Overriding Considerations and Mitigation Monitoring Plan:
.
1 Statement of Findings
Introduction.... .................. ................... ............... ........................ 1
Description of Proposed Project........................................................ 2
Alternatives. . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . .. . . . . . .... . . . . e.. 2
Findings of Fact.......................................................................... 4
1. Air Quality......................................................................... 4
2 . Noise. . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .. 7
3. ~d 11se auld ~oning ............................................................ 8
4. Risk of 11pset ...................................................................... 9
5. Traulsportation and Circulation................................................. 12
2 Statement of Overriding Considerations
Significault auld 11 navoidable Adverse Impacts ...................................... 14
Cumulative Air Quality Emissions ................................................ 14
Cumulative Noise Impacts.......................................................... 14
Cumulative ~d 11 se auld Zoning Impacts....................................... 14
Cumulative Risk of 11pset Impacts ................................................ 14
Cumulative Transportation/ Circulation Impacts................................. 15
Overriding Considerations.............................................................. 15
3 Mitigation Monitoring Plan
Mitigation Monitoring Plan............................................................ 17
General Mitigation Monitoring auld Reporting ...................................... 17
TABLES:
1-1 NES Mitigation Monitoring Plaul..........................................................18
1
~
.,
NORRIS ENVIRONMENTAL SERVICES
SECTION 1
STATEMENT OF FINDINGS
INTRODUCTION
Norris Environmental Services (NES), located at 5375 S. Boule Avenue, Vernon, California,
began operations in 1981 as part of NI Industries to treat the wastewater stream from activities
associated with the manufacture of ammunition shells. Since July 1995, NES and NI
Industries have been operating as separate entities. NES has applied to the California
Environmental Protection Agency's Department of Toxic Substances Control (DTSC) for a
hazardous waste storage and treatment permit to manage wastes from off-site generators.
DTSC has prepared an environmental impact report (EIR) for the proposed project in
compliance with the California Environmental Quality Act of 1970 (CEQA) [public Resources
Code (PRC) Section 2100 et seq.] and the State CEQA Guidelines [California Code of
Regulations (CCR) Title 14, Section 15000 et seq.), as amended. The purpose of the EIR is to
describe the proposed project, identify, analyze, and evaluate the potential significant
environmental impacts which may result from the project; and respond to public comments.
CEQA and the State Guidelines provide that:
No public agency shall approve or carry out a projectfor which an Environmental Impact
Repon has been cenified and which identifies one or more significant environmental effects
that would occur if the project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to
each significant effect:
1. Changes or alterations have been required in or incorporated into, the
project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by
that other agency.
3. Specific economic, legal, social, technological, or other considerations,
including considerations for the provision of employment opponunities for
highly trained workers, make infeasible the mitigation measure or
alternative identified in the environmental impact repone
(b) With respect to significant effects which were subject to a finding under
paragraph (3) of subdivision (a), the public agency finds that specific overriding
economic, legal, social, technological, or other benefits of the project outweigh
the significant effects on the environment (PRC Section 21081).
The EIR for the proposed NES hazardous waste facility permit analyzed potential impacts in
the following environmental areas: earth resources, air quality, water resources, noise, land
1
,
f
FIN 0 I N G S, 0 V ERR I 0 I N G CON SID ERA T ION SAN 0
MITIGATION MONITORING
use and zoning, risk of upset, transportation and circulation, public services, utilities, natural
resources, socioeconomics, and human health. The EIR included analyses of potential adverse
impacts from project alternatives and concluded that none of the alternatives eliminate or
reduce to insignificance any significant adverse impacts.
The EIR for NES identified significant cumulative effects that may occur to air quality, noise,
land use and zoning, risk of upset, and transportation and circulation as a result of this and
other proposed projects in the area. Discussion of adverse impacts and project benefits is set
forth below in the Findings of Fact and the Statement of Overriding Considerations. DTSC,
in accordance with the provisions of CEQA, hereby adopts these findings as part of the
approval of the NES hazardous waste treatment and storage facility permit.
DESCRIPTION OF PROPOSED PROJECT
DTSC adopts this Statement of Findings as part of its approval of a hazardous waste treatment
and storage facility permit for NES. NES operates a series of chemical and physical processes
to destroy or remove hazardous constituents and provides temporary storage of wastes.
Facility activities involve dissolution, oxidation, reduction, acid and alkali neutralization,
oil/water separation, carbon adsorption, stabilization, solidification,
flocculation/coagulation/precipitation, container decontamination and destruction, filtration,
phase separation/clarification/decantation, transfer, blending, pre-treatment for odor control
and/or emulsion breaking, selective solids reduction (ion exchange, electrolysis,
preneutralization), and volume reduction (leaching). Residues from treatment are either
discharged to the sanitary sewer system owned by the Los Angeles County Sanitation Districts,
. recycled on-site, or shipped off-site to a facility licensed or certified to accept such residue.
ALTERNATIVES
In accordance with CCR Title 14, Section 15126(d), an EIRis required to address a range of
reasonable alternatives to the project that could feasibly attain most of the basic project
objectives. The EIR evaluated the "no project" alternative and alternative project sites. It was
determined that neither of these alternatives would meet the general objectives of the project,
Le., the continued operation of an existing hazardous waste treatment facility. In order to
provide a complete review of the alternatives, a discussion of both alternatives was included in
the EIR. The alternatives, and the EIR conclusions thereof, are summarized below.
1. No Project Alternative
Under the no project alternative, the following actions are assumed to occur: (1) denial of
NES' Part B permit application and consequent termination of the Interim Status Document
under which NES is currently operating the facility; (2) cessation of all hazardous waste
management operations at the NES site that would require a Part B permit; (3) delivery of
hazardous wastes currently and potentially managed at the NES site to other locations for
management and/or disposal; and (4) re-use of the NES site for another heavy industrial use.
The no project alternative would avoid the less than significant impacts associated with the
proposed project in the areas of earth resources, air quality, water, noise, land use and zoning,
risk of upset, transportation and circulation, public services, utilities, natural resources,
socioeconomic, and human health. The no project alternative would result in greater impacts
and potentially significant impacts for air quality, land use and zoning, risk of upset, traffic
and circulation, and human health. The increase in impacts over the proposed project is due to
2
NORRIS ENVIRONMENTAL SERVICES
the fact that closure of NES would require that wastes generated from facilities at NI Industries
be transported by truck or rail car to a treatment facility instead of transported by pipeline to a
treatment facility. An estimated 4,147 trucks per month (as compared to the proposed project
impacts of 2,400 trucks per month) or 2,704 rail cars per month (as compared to the proposed
project of 15 rail cars per month) or some combination of rail and truck traffic would be
required to transport wastes generated by facilities at NI Industries. Therefore, the impacts on
air quality, traffic, and risk of upset would be greater under the no project alternative. In
addition, the no project alternative could lead to land use conflicts associated with the Los
Angeles County Hazardous Waste Management Plan by removing a large hazardous waste
treatment facility from the County.
2. Alternative Sites
Alternative 2 would involve relocating the NES facility to a new site. Under this alternative,
NES' Part B permit application would be denied and the Interim Status Document, under
which NES is currently operating, would be terminated. All hazardous waste management
operations at the current NES site would be ceased. Development of a new NES facility at a
different location would include the purchase or leasing of property, permitting and
engineering, construction (or probable major improvements to an existing facility), and start-
up activities, all of which would require significant lead time. It is also likely that the NES
site would be re-used for another heavy industrial use, given the surrounding industrial uses
and the site's land use and zoning designations by the City of Vernon as M (general
industrial). This would involve conversion of the existing NES facilities and equipment to
some other industrial use. Under this alternative, the wastes currently and potentially
received and managed at the NES facility would temporarily be taken elsewhere for treatment
until the new NES facility was ready for operation. In the long-term, hazardous waste haul
route distances for service to the new facility location would be greater for generators,
especially for facilities at NI Industries.
The site for a new facility would be required to comply with the Los Angeles County
Hazardous Waste Management Plan siting criteria and other aspects of what is commonly
known as the Tanner siting process. The Los Angeles County Hazardous Waste Management
Plan indicates general areas potentially suitable for hazardous waste treatment facilities in
industrial areas of Wilmington, Carson, Torrance, EI Segundo, Santa Fe Springs, La. Mirada,
Baldwin Park, Azusa, City of Industry, and Walnut, and the Santa Clarita and the Antelope
Valleys. Other appropriate areas include industrial areas south of downtown Los Angeles such
as the Cities of Vernon and Commerce; industrial areas along rail lines from northeast Los
Angeles into San Fernando Valley, and industrial areas in the northwest portion of Orange
County.
An alternative site would avoid the less than significant impacts associated with the proposed
project in the areas of earth resources, air quality, water,noise, land use and zoning, risk of
upset, transportation and circulation, public services, utilities, natural resources,
socioeconomic, and human health. An alternative site would result in greater impacts and
potentially significant impacts for wastewater, noise, risk of upset, and transportation and
circulation. The increase in impacts over the proposed project is partially due to the fact that
an alternative site would require that wastes generated from facilities at NI Industries be
transported by truck or rail car to another treatment facility instead of transported by pipeline
to NES. An estimated 4,147 trucks per month (as compared to the proposed project impacts
of 2,400 trucks per month) or 2,704 rail cars per month (as compared to the proposed project
of 15 rail cars per month) or some combination of rail and truck traffic would be required to
transport wastes generated by facilities at NI Industries. Therefore, the impacts on air quality,
3
FIN 0 I N G S, 0 V ERR I DIN G CON SID ERA T ION SAN D
MITIGATION MONITORING
traffic, and risk of upset would be greater under this alternative than under the proposed
project. In addition, an alternative site would be required to obtain an industrial wastewater
discharge permit for the Los Angeles County Sanitation Districts. Under this alternative, there
could be difficulty in achieving consistency with existing land uses when developing a new
facility, as well as in establishing consistency with planned/zoned uses and related land use
permitting for a new facility or for a major facility upgrade. The difficulty in achieving land
use deciSions has been evidenced by the failure to site any new hazardous waste treatment
facilities in southern California over the last 15 years.
FINDINGS OF FACT
DTSC has reviewed the fmal EIR for the proposed NES hazardous waste treatment and storage
facility permit and has considered the public record on the project. In addition to this
Statement of Findings, the public record for the proposed project includes the following
elements:
Notice of Preparation for Norris Environmental Services, Hazardous Waste Facility
Permit, December 29, 1994.
Draft Health Risk Assessment for Norris Environmental Services, January 1996.
Draft Environmental Impact Report for Norris Environmental Services Hazardous
Waste Facility Application, March 1996.
Final Environmental Impact Report for Norris Environmental Services Hazardous
Waste Facility Application, August 1996.
Responses to Comments Addendum for Norris Environmental Services Hazardous
Waste Facility Application, August 1996.
Mitigation Monitoring Program for the NES Environmental Services Hazardous Waste
Facility Application.
Resource Conservation and Recovery Act (RCRA) Part B Submittal for Norris
Environmental Services, updated June 1995.
All documents that are a part of the administrative record for the proposed projectare available.
at California Environmental Protection Agency, Department of Toxic Substances Control,
Region 3, 1011 N. Grandview Avenue, Glendale, California 91201 or by calling (818) 551-
2800.
Pursuant to PRC Section 21081, for each significant effect identified in the EIR, DTSC must
make one or more of the findings stated herein on page 1. After reviewing the public record,
as composed of the aforementioned elements, DTSC hereby makes the following findings
regarding the significant effects of the proposed project, pursuant to PRC Section 21081 and
CCR Title 14, Section 15091.
1. Air Quality
Significant Effect - Significant cumulative air quality emissions during construction and
operation of related projects: Cumulative emissions from related projects including
4
NORRIS ENVIRONMENTAL SERVICES
remediation activities at contaminated sites, construction activities associated with the Alameda
Corridor and construction activities associated with the Pacific Pipeline are considered to be
significant since emission thresholds established by the South Coast Air Quality Management
District are expected to be exceeded.
The cumulative projects, when considered in conjunction with other stationary and mobile
sources in the South Coast Air Basin, would contribute substantially to existing regional non-
complian.ce with state and federal ambient air quality standards. This is considered a
significant and unavoidable cumulative impact.
Findings:
(1) Changes or alterations have been required in or incorporated into, the project
which mitigate the significant effects on the environment.
(2) Changes or alternations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(3) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would definitively reduce this impact to a less
than significant level.
Facts in Support of Findings:
(1) Mitigation measures have been incorporated into the project to minimize air
quality impacts associated with the NES facility and include the following.
B-1 Water active construction sites where grading is accomplished twice a day except
during periods of rain. The emission estimates prepared as part of this project
assumed this mitigation measure would be achieved with a 34 percent emission
control factor. The South Coast Air Quality Management District is responsible
for compliance with this requirement.
B-2 All new sources are required to comply with the South Coast Air Quality
Management District New Source Review requirements which include the use of
Best Available Control Technology and the requirement to offset emission
increases. This review will be completed during the South Coast Air Quality
Management District permit approval process for all new or modified sources.
B-3 Request that trucks limit their delivery time to off-peak traffic hours. It is noted
that NES does not have a dedicated fleet and cannot dictate the exact times of
delivery .
B-4 Instruct truck drivers to shut off their engines as soon as possible after arriving at
the site to minimize on-site trucks emissions. This is expected to provide minor
air quality benefits, resulting in an estimated reduction of NOx emissions of about
0.4 pounds per day, assuming a reduction in idling from 15 minutes to five
minutes (see Appendix C).
B-5 NES is required to maintain on-site truck loading zones to minimize congestion
on local streets. Compliance with this mitigation measure is enforced by DTSC.
The truck loading area is identified in Figure 2-6.
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B-6 NES will request that the locomotive shift its engine into low idle during delivery
of wastes by rail car. Compliance with this mitigation measure is up to the rail
road companies and may be enforced by the U.S. EPA in the future. This
measure is likely to be considered infeasible by the rail road company since
delays in the release of the rail car from the remainder of the train which require
significant idling time are not expected.
The above mitigation measures will not reduce the cumulative impacts of related
projects to less than significant.
(2) The South Coast Air Quality Management District (SCAQMD) and the Southern
California Association of Governments (SCAG) jointly are responsible for air
quality planning in the South Coast Air Basin and development of the Air Quality
Management Plan. The Air Quality Management Plan establishes the strategies
that will be used to achieve compliance with federal and state ambient air quality
standards. The SCAQMD generally regulates stationary sources of air pollutants.
The California Air Resources Board generally regulates mobile emission sources.
Both agencies have and continue to develop emission control strategies that will
reduce air emissions and help the South Coast Air Basin comply with the state
and federal ambient air quality standards.
Mitigation measures have been adopted by other lead agencies for some of the
related projects in the area including the Pacific Pipeline Project (California
Public Utilities Commission) and the Alameda Corridor project (Alameda
Corridor Transportation Authority). The construction of the Alameda Corridor
improvements is being proposed as a mitigation measure to the implementation of
the Los Angeles and Long Beach Harbors 2020 Plan which would allow for
doubling of cargo handling through the port, resulting in a significant increase in
truck and rail traffic in the vicinity of the port. The improved efficiency of the
consolidated railway along the Alameda Corridor is expected to reduce emissions
of locomotive exhaust. Elimination of railway/roadway intersections through
consolidation of rail traffic and construction of grade separations will reduce
motor vehicle idling emissions and improve the efficiency of truck transport
(ACTA, 1992).
Mitigation measures for construction emissions include the use of best available
control technology for construction and/or remediation equipment, keeping all
vehicles and construction equipment well tuned, developing trip reduction plans,
and watering active construction sites to reduce dust emissions. The SCAQMD is
responsible for assuring compliance with these mitigation measures.
The mitigation measures to minimize air emissions associated with operation of
the related projects include compliance with SCAQMD rules and regulations such
as the use of best available control technology for all new emission sources and
modifications to existing sources. The use of best available control technology
would control localized emissions. A best available control technology review
would be completed during the SCAQMD permit approval process for all
new/modified sources. In addition, the U.S. Environmental Protection Agency
and California Air Resources Board have and continue to develop emission
control strategies for mobile sources, e.g. , the requirement for reformulated fuels
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in vehicles, the development of emission control standards for locomotive
engines, etc.
In addition, a number of existing and new regulations have been implemented or
are being proposed which are expected to result in emission reductions including
various regulations approved under the Air Quality Management Plan, the State
Implementation Plan, the RECLAIM program, New Source Review
requirements, etc.
(3) Given the South Coast Air Basin's existing and projected non-attainment of state
and federal ambient air quality standards, the related projects would contribute to
a cumulatively significant impact despite mitigation. No feasible alternatives
exist to reduce this impact to a less than significant level. As described in the
" Alternatives" portion of this document and in the EIR, no feasible alternatives to
the proposed project were identified that would reduce the emissions from the
facility. The alternatives would result in increased off-site mobile source
emissions associated with the transport of hazardous wastes off-site for treatment
or disposal.
2. Noise
Significant Effect - Significant cumulative noise impacts were identified during
construction and operation of related projects: Cumulative noise associated with the
construction of the Pacific Pipeline and Alameda Corridor were identified. The operation of
the Alameda Corridor project will concentrate rail and truck traffic along Alameda Street, thus
-reducing overall noise on other highways and railways but increasing the noise levels along
Alameda Street by eight to nine decibels at certain residential areas along the corridor.
Therefore, the cumulative noise impacts are considered significant at certain areas adjacent to
Alameda Street.
Findings:
(1) Changes or alterations have been required in or incorporated into, the project
which mitigate the significant effects on the environment.
(2) Changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(3) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would defmitively reduce this impact to a less
than significant level.
Facts in Support of Fmdings:
(1) Mitigation measures have been incorporated into the project to minimize noise
impacts associated with the NES facility and include the following.
D-l Construction equipment will befi~ with m.ufflers, silencers or other
aI>., ~ ..l1\~, ~ feasi~le, to ~educe/"~~r (~Gig~~;Y~onj~
Sl'ble fotasstmngcomphance WIth thelOca1 n_o~.
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FIN 0 I N G S, 0 V ERR I 0 I N G CON SID ERA T ION SAN 0
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D-2 Trucks shall be instructed to use approved truck routes which avoid
resiaential areas. The City of Vernon is responsible for assuring
compliance with this mitigation measure.
The above mitigation measures would not reduce the cumulative noise impacts of
related projects to less than significant.
(2) Mitigation measures have been adopted by other lead agencies for some of the
related projects in the area including the Pacific Pipeline Project (California
Public Utilities Commission) and the Alameda Corridor project (Alameda
Corridor Transportation Authority).
Mitigation measures for construction noise include coordinating construction
activities associated with the Pacific Pipeline and Alameda Corridor to reduce the
noise impacts. Construction activities should be limited to daytime hours.
Mitigation measures associated with operation of the Alameda Corridor include
noise barriers and construction of portions of the corridor below grade.
(3) As described in the" Alternatives" portion of this document and in the EIR, and
the alternatives discussions for other projects, no feasible alternatives were
identified that would reduce the noise to a less than significant level. The project
alternatives would result in increased off-site mobile source emissions associated
with the transport of hazardous wastes off-site for treatment or disposal.
3. Land Use and Zoning
Significant Effect - Significant cumulative land use and zoning impacts were identified
during operation of related projects: Cumulative land use impacts were identified from the
Alameda Corridor Project because development would require the taking of residential,
commercial, and industrial property and relocation of residents and businesses along the
proposed alignments.
Findings:
(1) Changes or alterations have been required in or incorporated into, the project
which mitigate the significant effects on the environment.
(2) Changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(3) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would definitively reduce this impact to a less
than significant level.
Facts in Support of Findings:
(1) Mitigation measures have been incorporated into the project to minimize land use
impacts associated with the NES facility and include the following.
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NORRIS ENVIRONMENTAL SERVICES
E-1 NES must continue to comply with the requirements of the Conditional
Use Permit issued by the City of Vernon. The City of Vernonis
responsible for assuring compliance with the requirements of the
Conditional Use Permit.
The above mitigation measure would not reduce the cumulative land use impacts of
related projects to less than significant.
(2) Mitigation measures have been adopted by other lead agencies for the significant
land.use impacts associated with construction of the Alameda Corridor project
(Alameda Corridor Transportation Authority).
Mitigation measures for the land use impacts included construction of sound
walls, provision of housing for displaced residents, providing assistance for
displaced commercial and industrial facilities, and assistance in providing
displaced parking.
(3) All alternatives for the Alameda Corridor project identified significant land use
impacts because the taking of private lands would be required under all
alternatives. No feasible alternatives exist to reduce this impact to a less than
significant level.
4. Risk of Upset
Significant Effect - Significant cumulative risk of upset impacts were identified for water
. quality. Cumulative risk of upset impacts were considered to be significant due to the
potential for a spill associated with the Pacific Pipeline.
Findings:
(1) Changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(2) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would definitively reduce this impact to a less
than significant level.
Facts in Support of Fmdings:
(1)
Mitigation measures have been adopted by other lead agencies for the significant
land use impacts associated with construction of the Pacific Pipeline (California
Public Utilities Commission).
Mitigation measures for risk of upset potential include the use of block and check
valves and the development of an Oil Spill Contingency Plan.
(2) The use of block and check valves have been required for the Pacific Pipeline
project at various places along the pipeline. The mitigation measures that are
technologically feasible have been included in the pipeline design. There are no
other mitigation measures that would eliminate the potential impacts associated
with a pipeline rupture. Alternatives to the pipeline project include the truck
9
FIN DIN G S, 0 V ERR I DIN G CON SID ERA T ION SAN D
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transport of petroleum products into the Los Angeles area which was determined
to have greater impacts than the proposed project.
Significant Effect - The cumulative risk of upset is considered significant for the related
projects in the event of a major disaster (e.g., major earthquake). Cumulative risk of
upset impacts were considered to be significant in the event of a major disaster (e.g.,
earthquake) a number of upset events could be triggered including spills, fIres, building
damage, etc. It is likely that emergency resources would be severely impaired during a major
emergency because the resources may be required at numerous locations at the same time.
The emergency resources in the event of a major disaster are likely to be inadequate to handle
short-term emergency impacts (immediately after the disaster through about 24 hours).
Findings:
(1) Changes or alterations have been required in or incorporated into, the project
which mitigate the signifIcant effects on the environment.
(2) Changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(3) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would definitively reduce this impact to a less
than significant level.
. Facts in Support of Findings:
(1) Mitigation measures have been identified to minimize risk of upset impacts
associated with the NES facility and include the following:
F-1 NES shall phase out the use of chlorine and implement the use of an alternative
cyanide oxidation process that eliminates the use of chlorine, e.g., electrolytic
system. Enforcement of this measure will be assured through the DTSC Part B
permit.
F-2 During the interim period between the time the DTSC issues tb,~.l?~Bpermit
and the. operati~o.f the. alternative cyanide o~dati?n pr~'~c:~,',r.p.qi,
to~ ~ eXIstipg sIte safety f~tures fOt...~'.lf""'''''' ,
chlotine(ietectors~ jm~ell~ of~vatious .f~~es~J,i~.}~j$~ ... ,
~~e::g~g~~~r:r:~~;~~~'p:~<:;Jg:;~~~~~='"
the City ofVemon.
F-3 NES shall review the Contingency Plan on an annual basis to address specific
safety issues in facility operations. NES must report any changes to the
Contingency Plan to DTSC. Enforcement of this mitigation measure will be
through the DTSC Part B permit.
F-4 Trucks shall be instructed to use truck routes approved by the City of Vernon
which avoid residential areas to transport materials to/from NES and the local
freeway system. The City of Vernon is responsible for assuring compliance with
this mitigation measure.
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F-5 In the event of a chlorine release that has the potential to impact off-site
populations, NES will notify local school principals in addition to the required
appropriate emergency response agencies. The closest schools to the NES facility
include Huntington Park High School, Huntington Park Community Adult
School, Pacific Boulevard School, St. Matthias School, and San Antonio
Elementary School. These schools are not located in the predominant downwind
direction from the facility and would only require notification if a release
threatened the school. Schools located in the predominant downwind direction of
the facility include Loma Vista School and Nimitz Jr. High School. While these
schools are located further from the facility, there is a higher probability that they
could be impacted in the event of a release. Notifications to schools will be made
depending on the dominant wind direction at the time of the release. This
mitigation measure will remain in effect until the phase out of chlorine is
completed.
The above mitigation measures would not reduce the cumulative risk of upset
impacts of related projects to less than significant.
Risk of upset analyses will be required for other hazardous waste facilities
undergoing Part B permit review in order to identify the potential hazards and
hazard footprints so that appropriate mitigation measures can be developed. In
addition, DTSC shall require that emergency response plans be developed,
employee training be required, and certain on-site fire-fighting capabilities be
present to handle emergencies at facilities undergoing Part B permit review.
(2) Mitigation measures have or should be adopted by other agencies for the
significant cumulative risk of upset impacts to help assure that facilities can
handle emergency events in the event of a disaster. This would help minimize
impacts on emergency services. This could include the development and
implementation of an emergency response plan and related training, the
requirement for certain on-site fire-fighting capabilities, and assuring that
individuals are trained in first aid and cardiopulmonary resuscitation.
(3) Mitigation measures have been included in the proposed project to reduce the
impacts associated with an earthquake as follows:
A-I NES will submit construction plans and subsequent construction reports to the
City of Vernon to verify compliance with the applicable Uniform Building Code
Zone 4 requirements. Copies will be submitted to DTSC to verify compliance.
Compliance with the Uniform Building code will be assured through the building
permit requirements of the City of Vemon and appropriate conditions can be
imposed as part of the building permit(s).
This mitigation measure will reduce the impacts associated with an earthquake at
the site. Compliance with the Uniform Building Code also would minimize
impacts associated with a natural disaster such as an earthquake on other
buildings as well. However, there are old buildings in the central Los Angeles
area that may not be built to code. Therefore, in the event of a major disaster,
impacts associated with a risk of upset could not be completely avoided.
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The City of Vernon maintains an emergency response plan that outlines the steps
required for fire and rescue, law enforcement, traffic control, medical aid,
transportation, public health coroner duties, care and shelter, construction,
engineering, obtaining needed resources and coordinating outside support.
However, the emergency resources in the event of a major disaster are likely to
be inadequate to handle short-term emergency impacts (immediately after the
disaster through about 24 hours).
5. Transportation and Circulation
Significant Effect - Significant cumulative impacts on transportation and circulation
during construction and operation of the related projects were identified for the City of
Vemon. Cumulative transportation and circulation impacts were considered to be significant
in the year 2010, assuming a general population growth of one percent per year.
Findings:
(1) Changes or alterations have been required in or incorporated into, the project
which avoid the significant effects on the environment.
(2) Changes or alterations are within the responsibility and jurisdiction of another
public agency and have been or can and should be adopted by that other agency.
(3) Specific economic, social, legal, technical or other considerations make infeasible
mitigation or the alternative that would definitively reduce this impact to a less
than significant level.
Facts in Support of Findings:
(1) Mitigation measures have been identified to minimize risk of upset impacts
associated with the NES facility and include the following:
G-1 NES will coordinate construction truck delivery schedules to avoid peak hour
traffic wherever possible. The City of Vernon is responsible for assuring
compliance with this mitigation measure.
G-2 NES will provide truck drivers with approved truck routes to/from the facility so
that residential areas are avoided. The City of Vernon is responsible for assuring
compliance with this mitigation measure.
The above mitigation measures would not reduce the cumulative transporation and
circulation impacts of related projects to less than significant.
(2) Mitigation measures have been developed by other public agencies to minimize
transportation and circulation impacts associated with the construction of the
Pacific Pipeline (California Public Utilities Commission) and the construction
and operation of the Alameda Corridor (Alameda Corridor Transportation
Authority). The construction related traffic was determined to be short-term
and will cease following the construction period of the projects. In addition,
cumulative impacts on transportation and circulation were identified for general
growth in the Vernon area.
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The City of Vernon should monitor the traffic situation to determine which
intersections require mitigation as growth occurs. Development of the Alameda
Corridor is expected to reduce impacts on adjacent streets by consolidating truck
and rail traffic along Alameda Street, thereby alleviating impacts on adjacent
streets. Therefore, this impact can be mitigated to less than significant.
(3) Cumulative traffic mitigation measures have been identified. However,
construction of the the Alameda Corridor is predicted to have beneficial impacts
to many of the streets near Alameda Street because truck and rail road traffic
will be consolidated along the Corridor. The full impact of the Alameda
Corridor on adjacent streets cannot be predicted at this time and further review
of the traffic and circulation will be required to fully determine cumulative
impacts.
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FIN DIN G S, 0 V ERR I DIN G CON SID ERA T ION SAN 0
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SECTION 2
STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires a public agency to balance the benefits of a proposed project against its
unavoidable environmental impacts when considering project approval. nTSC proposes to
approve the NES hazardous waste treatment and storage permit despite certain significant and
unavoidable adverse cumulative impacts that will occur.
Significant effects that may result with project implementation were identified and discussed in
the fmal EIR. With implementation of the mitigation measures provided in the fmal EIR,
significant effects will be mitigated to less than significant levels except for the those identified
below. Further none of the alternatives would eliminate the significant and unavoidable
cumulative impacts. It should be noted that the unavoidable impacts are limited to cumulative
impacts and are primarily associated with the development of projects other than NES, Le.,
NES' contribution to the total impacts is small.
SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS
Cumulative Air Quality Emissions
The cumulative projects, when considered in conjunction with other stationary and mobile
sources in the South Coast Air Basin, would contribute substantially to existing non-
. compliance with state and federal ambient air quality standards. This would be considered a
significant and unavoidable cumulative impact.
Cumulative Noise Impacts
Cumulative noise associated with the operation of the Alameda Corridor will concentrate rail
and truck traffic along Alameda Street, thus reducing overall noise on other highways and
railways but increasing the noise levels along Alameda Street by eight to nine decibels at
certain residential areas along the corridor. This would be considered a significant and
unavoidable cumulative impact.
Cumulative Land Use and Zoning Impacts
Cumulative land use impacts were identified for the Alameda Corridor Project because
development would require the taking of residential, commercial, and industrial property and
relocation of residents and businesses along the proposed alignments. This would be
considered a significant and unavoidable cumulative impact.
Cumulative Risk of Upset Impacts
Cumulative risk of upset impacts were considered to be significant due to the potential for a
spill associated with the Pacific Pipeline. Cumulative risk of upset impacts were considered to
be significant in the event of a major disaster (e.g., earthquake) a number of upset events
could be triggered including spills, fires, building damage, etc. It is likely that emergency
resources would be severely impaired during a major emergency because the resources may be
required at numerous locations at the same time. The emergency resources in the event of a
major disaster are likely to be inadequate to handle short-term emergency impacts
14
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NORRIS ENVIRONMENTAL SERVICES
(immediately after the disaster through about 24 hours). These would be considered
significant and unavoidable cumulative impacts.
Cumulative Transportation/Circulation Impacts
Cumulative transportation/circulation impacts were considered to be significant since
construction of the Alameda Corridor and Pacific Pipeline were determined to have potentially
severe traffic impacts. Also, general population growth (assuming a one percent per year
growth rate through 2010) may lead to significant traffic impacts on local intersections. These
would be considered significant and unavoidable cumulative impacts.
OVERRIDING CONSIDERATIONS
If significant impacts of a proposed project remain after incorporation of feasible mitigation
measures, or no feasible measures to mitigate the adverse impacts are identified, the decisions
makers may make a determination that the benefits of the project outweigh the unavoidable,
significant, adverse environmental effects. When approving a project under such
circumstances, the unavoidable environmental effects may be considered "acceptable" (pRC
Section 21081 and CEQA Guidelines Section 15091 and 15093). Accordingly, a Statement of
Overriding Considerations regarding potentially significant adverse environmental impacts
resulting from the proposed project, as set forth below, has been prepared for the decisions
makers' consideration. This Statement of Overriding Considerations will be included in the
record of the project approval and also will be noted in the Notice of Determination.
Having reduced the effects of the proposed project by adopting mitigation measures to the
. extent feasible, and having balanced the benefits of the project against its potential unavoidable
adverse impacts, DTSC hereby determines that the specific overriding economic, legal, social,
technological, or other benefits of the proposed project outweigh the potential unavoidable
adverse effects on the environment, and that the unavoidable adverse effects are acceptable,
based on the following overriding considerations:
1. Approval of the proposed project would ensure compliance with the RCRA
regulatory framework for hazardous waste facilities. As presented in Chapter 2-
Project Description of the Final EIR, most of the hazardous waste storage and
treatment equipment, processes and activities have been operating under Interim
status or temporary authorization.
2. Approval of the proposed project would ensure that about 20.7 million gallons of .
hazardous waste potentially generated by facilities at NI Industries will be
transported to a treatment facility by pipeline. As discussed in Chapter 5 -
Alternatives, cessation of treatment by NES would required that hazardous wastes
be transported by rail or truck for treatment and/or disposal resulting in increased
impacts on air quality, transportation and circulation, and risk of upset.
According to Health and Safety Code Section 25179.4, on-site treatment of
hazardous waste is a more-preferred hazardous waste management approach than
off-site treatment. While NI Industries and NES are no longer part of the same
company and NES is now considered to be off-site treatment, NES is located
adjacent to the NI Industries facility and wastes from facilities at NI Industries are
transported to NES via pipeline so that the concerns associated with off-site
transport and treatment of wastes are minimized.
15
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FIN 0 I N G 8, 0 V ERR I 0 IN G CON 81 0 ERA T ION 8 AND
MITIGATION MONITORING
3. The proposed project would allow for the continued employment of highly
trained technical professionals at NES. nTSC recognizes the need to execute its
regulatory authority understanding both the need to protect the environment and
the importance of considering the effects on jobs and the continued operation of a
long-standing member of the business community.
4. nTSC recognizes that the continued operation of the NES facility will help the
County of Los Angeles to achieve the goals of the Hazardous Waste Management
Plan (plan) by allowing the operation of a treatment facility within the County
jurisdiction. The goal of the Plan includes the treatment of wastes generated
within the County to be treated within the County.
5. nTSC recognizes that most of the cumulative adverse impacts associated with the
related projects in the Vernon area are due to development of the Pacific Pipeline
and the Alameda Corridor. Environmental documents have been prepared for
these projects and mitigation measures have been developed by other lead
agencies to reduce and minimize the adverse impacts. The contribution of NES
to the cumulative adverse impacts is less than significant.
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NORRIS ENVIRONMENTAL SERVICES
SECTION 3
MITIGATION MONITORING PLAN
In addition to the requirements for preparing environmental analyses for proposed projects,
CEQA also requires an agency to prepare a plan for reporting and monitoring compliance with
and implementation of mitigation measures. Mitigation monitoring requirements are included
in Public Resources Code Section 21081.6, which specifically states:
When making fmdings as required by subdivision (a) of Public Resources Code Section
21081 or when adopting a negative declaration pursuant to Paragraph (2) of subdivision
(c) of Public Resources Code Section 21080, the public agency shall adopt a reporting
or monitoring program for the changes to the project which it has adopted or made a
condition of project approval in order to mitigate or avoid significant effects on the
environment (public Resources Code Section 21081.6). The reporting or monitoring
program shall be designed to ensure compliance during project implementation. For
those changes which have been required or incorporated into the project at the request
of an agency having jurisdiction by law over natural resources affected by the project,
that agency shall, if so requested by the lead or responsible agency, prepare and submit
a proposed reporting or monitoring program.
The provisions of Public Resources Code Section 21081.6 are triggered when the lead agency
certifies a CEQA document in which mitigation measures, changes, or alterations have been
required or incorporated into the project to avoid or lessen the significance of adverse impacts
-identified in the CEQA document. Public Resources Code Section 21081.6 leaves the task of
designing a reporting or monitoring plan to individual public agencies.
The mitigation monitoring plan's complexity will vary depending upon the project being
approved and the environmental effects being mitigated. To fulfill the requirements of Public
Resources Code Section 21081.6, DTSC staff has developed the following mitigation
monitoring plan for anticipated impacts resulting from the approval of the NES hazardous
waste storage and treatment permit. The following mitigation monitoring plan, in part,
identifies other agencies as responsible for performing the noted mitigation. The DTSC will
advise and follow up with these agencies to review their progress regarding the required
actions.
General Mitigation Monitoring and Reporting
The mitigation monitoring and reporting described in this plan is primarily the responsibility of
the DTSC as the CEQA lead agency and some are under the jurisdiction of other responsible
agencies. The mitigation measures discussed herein are the responsibility of NES to
implement. To certify compliance, documentation of mitigation measure implementation will
be maintained by NES to ensure potential significant environmental impacts are mitigated to an
insignificant level or the greatest extent feasible.
The environmental resources which were identified in the EIR as having significant or
potentially significant impacts are identified in Table 1-1. The mitigation measures developed
to minimize the project impacts are summarized along with the responsible agency, monitoring
and reporting actions, effectiveness criteria and timing.
17
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NOTICE OF CONTINUANCE OF PUBLIC HEARING
REGARDING THE REQUEST FROM U.S. FILTER RECOVERY SERVICES
(CALIFORNIA), INC. FOR A CONDITIONAL USE PERMIT TO OPERATE A
HAZARDOUS WASTE TREATMENT FACILITY AT 5375 BOYLE AVENUE
I HEREBY CERTIFY THAT THE PUBLIC HEARING HELD JUNE 17, 1997 AT
5:26 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL LOCATED AT
4305 SANTA FE AVENUE, VERNON, CALIFORNIA WAS CONTINUED TO AUGUST
5, 1997 AT APPROXIMATELY 5 P.M. IN THE COUNCIL CHAMBERS OF THE
CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA
~P.oJ II fJ4k~
ce V. Malkenbo st I ~
City Clerk
BY: jj;~ ~dJ~
~oria J. or~co
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
NOTICE OF CONTINUANCE OF A PUBLIC HEARING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, GLORIA J. OROSCO, Chief Deputy City Clerk of the City of
Vernon, do hereby certify that I did, on the 18th day of June,
1997, have posted:
The above Notice of Continuance of Public Hearing.
Said Notice was posted at a conspicuous place near
the door of the room at which said meeting was
held, within 24 hours of said adjournment.
I declare under penalty of perjury that the foregoing is
true and correct.
Dated: 0/8/97
loria J. Orosc
Chief Deputy Ci
Gen:Contph
.,. \
(/
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C71. .
vi" ~J1
O~$;J
J!QS~) ;1
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NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you may
attend.
Place:
Time:
Applicant:
Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Tuesday, June 17, 1997 at 5:00 p.m.
O.S. FILTER RECOVERY SERVICES
(CALIFORNIA), INC.
The purpose of the hearing is to obtain testimony from affected
and/or interested persons regarding this application. The public is
also invited to submit written comments regarding the request prior to
the Hearing.
Request:
Property Involved:
Review of the file:
Grant a conditional use permit to allow the
operation and expansion of an existing
hazardous waste treatment facility. As a
responsible agency the City will also be
considering the adequacy of the Final EIR in
order to approve findings and a Statement of
Overriding Consideration.
5375 Boyle Avenue (see reverse side)
The application, maps, Final EIR and
supporting information are available in
the office of the City Clerk, Vernon
City Hall, 4305 Santa Fe Avenue, between the
hours of 7:15 a.m. and 5:15 p.m. Monday
through Thursday.
If you challenge the granting of this conditional use permit or
any provisions thereof in court, you may be limited to raising only
those issues you or someone else raised at the hearing described in
this notice or in written correspondence delivered to the City of
Vernon at, or prior to, the meeting.