ORDINANCE 1280ORDINANCE NO. 1280
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA,
ESTABLISHING A HAZARDOUS WASTE
REGULATORY PROGRAM, INCORPORATING
SOURCE REDUCTION MEASURES.
WHEREAS, the Congress of the United States (hereinafter "Congress ") has determined that the
United States of American annually produces millions of tons of pollution and spends tens of billions of
dollars per year controlling this pollution.
WHEREAS, Congress, in 1990, established the Pollution Prevention Act, to reduce or prevent
pollution at the source through cost - effective changes in production, operation, and raw material use,
resulting in substantial savings in reduced raw material, pollution control and liability costs, as well as
help protect the environment and reduce risks to worker health and safety.
WHEREAS, The City of El Segundo (hereinafter "City "), along with other municipalities of Los
Angeles County has elected to become a Certified Unified Program Agency (hereinafter "CUPA ") for the
regulation of hazardous materials and waste.
WHEREAS, the City, as a CUPA, is encouraged, through regulation, to incorporate hazardous
waste source reduction and pollution prevention programs that shall, to the maximum extent practicable,
reduce hazardous waste generation at the source, rather than focus upon treatment and disposal.
WHEREAS, a five percent (5 %) reduction in hazardous waste permit fees imposed on
businesses will be an incentive to develop and promote hazardous waste source reduction programs.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 6.23 entitled "Hazardous Waste Source Reduction Program" is hereby added to
Title 6 of the El Segundo Municipal Code to read as follows:
Chapter 6.23
HAZARDOUS WASTE SOURCE REDUCTION PROGRAM
Section 6.23.010: TITLE
This chapter shall be entitled "HAZARDOUS WASTE SOURCE REDUCTION PROGRAM" and
shall be known as such throughout the code.
Section 6.23.020: PURPOSE AND INTENT
The purpose of this chapter is to protect public health and the environment and to promote the
reduction of hazardous waste generation by:
(A) Effectively regulating hazardous waste generators that generate waste for treatment or
disposal off -site; and
(B) Educating businesses on source reduction opportunities; and
(C) Establishing incentives and disincentives to encourage hazardous waste source reduction.
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The intent of this Chapter is to enhance and protect the environmental quality of Los Angeles
County in a matter that is consistent with the Pollution Prevention Act of 1990.
Section 6.23.030: DEFINITIONS
For the purpose of this Chapter, the following words shall have the meanings ascribed to them
in this Section:
(A) "Business" shall refer to any employer, self - employed individual, trust, firm, joint stock
company, corporation, partnership, or association which routinely generates any amount
of hazardous waste at a non - residential site located within the City. "Business" includes
both a non - profit and profit- making business.
(B) "Certified Unified Program Agency" or "CUPA" shall mean the City of El Segundo.
(C) "Extremely Hazardous Waste" shall mean any hazardous waste or mixture of hazardous
wastes which, if human exposure should occur, may likely result in death, disabling
personal injury or serious illness caused by the hazardous waste or mixture of hazardous
wastes because of its quantity, concentration or chemical characteristics.
(D) "Generator" shall mean any person, by site, whose act or process produces a hazardous
waste or whose act first causes a hazardous waste to become subject to regulation.
(E) "Hazardous Waste" shall mean a hazardous waste as defined in California Code of
Regulations, Title 22, Section 66261.3, as amended.
(F) (1) "Source reduction" shall mean one of the following:
(a) Any action which causes a net reduction in the generation of hazardous waste.
(b) Any action taken before the hazardous waste is generated that results in a
lessening of the properties which cause it to be classified as a hazardous
waste.
(2) "Source reduction" includes, but is not limited to, all of the following:
(a) "Input change" which means a change in raw materials or feedstocks used in a
production process or operation so as to reduce, avoid, or eliminate the
generation of hazardous waste.
(b) "Operational improvement" which means improved site management so as to
reduce, avoid, or eliminate the generation of hazardous waste.
(c) "Production process change" which means a change in a process, method, or
technique which is used to produce a product or a desired result, including the
return of materials or their components, for reuse within the existing processes
or operations, so as to reduce, avoid, or eliminate the generation of hazardous
waste.
(d) "Production reformulation" which means changes in design, composition, or
specifications of end products, including product substitution, so as to reduce,
avoid, or eliminate the generation of hazardous waste.
(G) "Source reduction assessment" shall mean a review conducted by the generator of the
processes, operations, and procedures in use at a generator's site, according to the format
established in California Health and Safety Code, Section 25244.16(a) and does both of the
following:
(1) Determines any alternatives to, or modifications of, the generator's processes,
operations, and procedures that may be implemented to reduce the amount of
hazardous waste generated.
(2) Includes a plan to document and implement source reduction measures for
hazardous wastes that are technically feasible and economically practicable for the
generator, including a reasonable implementation schedule.
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Section 6.23.040: HAZARDOUS WASTE GENERATOR AND ON -SITE TREATMENT
PROGRAM
Pursuant to the provisions of the California Health and Safety Code, Chapter 6.11, Division 20,
and Chapter 6.5, commencing with Section 25100, supplemented by Division 4.5, Title 22 of the
California Code of Regulations, the City of El Segundo assumes administrative and enforcement
responsibility for the implementation of Title 22, Division 4.5, of the California Code of
Regulations and Chapter 6.5 of the California Health and Safety Code.
Section 6.23.050: PERMIT REQUIRED
A permit from the El Segundo Fire Department is required to perform any or all of the activities
as identified in Chapter 6.11 of Division 20 of the California Health and Safety Code. The
permittee shall operate all activities in accordance with established permit conditions to the
extent such conditions are identified in regulation, ordinance, or policy and as they apply to the
permittee's operation.
Section 6.23.060: PERMIT FEES
Any person required by this Section to have a permit shall pay the established permit fee as it
relates to the implementation of any and all CUPA elements. The CUPA elements shall
include, but not be limited to those programs identified in Chapter 6.11, Division 20 of the
California Health and Safety Code. The State - mandated surcharges shall be separate from the
city permit fee. The permittee shall pay the amount as designated in the fee resolution, as may
be amended by the Council from time to time. In addition to the remedies set forth in the
California Health and Safety Code, further remedies, fees or restitution authorized by the El
Segundo Municipal Code, not inconsistent with State law, shall apply to any violation of the
State laws.
Section 6.23.070: HAZARDOUS WASTE SOURCE REDUCTION
Effective January 1, 1998, any business which routinely generates between 900 and 12,000
kilograms of hazardous waste per year or any amount of extremely hazardous waste shall
develop a Source Reduction Assessment, similar to requirements in California Health and
Safety Code, Chapter 6.5, Article 11.9.
Section 6.23.080: HAZARDOUS WASTE SOURCE REDUCTION INCENTIVES
Notwithstanding any other provision of Title 6 of the El Segundo Municipal Code, the amount of
a hazardous waste permit fee imposed on any business by the said Title 6 of the El Segundo
Municipal Code, commencing on the effective date of this ordinance, shall be reduced by five
percent (5 %) for any business maintaining a Source Reduction Assessment and an annual
reduction of hazardous waste generation of more than five percent (5 %) from 1997 levels, or
prior year, based on a calendar year.
SECTION 2: If any section, subsection, sentence, clause, or portion or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining section, subsections, sentences,
clauses, portions or phrases of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, portion or phrase not
declared invalid or unconstitutional without regard to whether any other section, subsection, sentence,
clause, portion or phrase of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3: This Ordinance shall become effective thirty (30) days after its adoption.
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SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause
the same to be entered in the book of original ordinances of said City; shall make a notice of the
passage and adoption thereof in the records of the meeting at which the same in passed and adopted;
and shall within fifteen (15) days after the passage and adoption thereof cause the same to be
published or posted in accordance with the law.
ATTESTED:
9
dy Mort n
ity Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
PASSED, APPROVED AND ADOP ED this 7thday of October ., 1997.
'Saddra Jacobs, Mayor
of the City of El Segundo, California
Nancy Wernick, Mayor ProTem
City of E1 Segundo, California
haz- wst.ord
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being ORDINANCE NO. 1280 is a full, true correct original
of ORDINANCE NO. 1280 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, ESTABLISHING A HAZARDOUS WASTE
REGULATORY PROGRAM, INCORPORATING SOURCE REDUCTION
MEASURES.
which was duly passed and adopted by the said City Council, approved and signed by
the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 7TH DAY OF OCTOBER, 1997, and the same was
so passed and adopted by the following vote:
AYES: Mayor ProTem Wernick, Councilwoman Friedkin,
Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: Mayor Jacobs
ABSTAINED: None
NOT PARTICIPATING: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing ORDINANCE NO. 1280
was posted and /or published in the manner prescribed by law.
2 INDY E
City Cler of the
City of El Segundo, California
(SEAL)
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