2008 RES R-95-08 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-95-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF AN AMENDMENT TO ALLOW THE APPLICANT THE DISCRETION TO UTILIZE ANY OF THE APPROVED DISPOSAL METHODS FOR THE SHREDDED RECYCLABLE MATERIAL FOR THE PACIFIC RAIL INDUSTRIES METAL SHREDDER PROJECT: DAP -000-794 WHEREAS, an application was filed by Pacific Rail Industries for a modification to Conditional Use Permit (CUP) No. C-5-86 (the "Application") regarding the treatment of non- hazardous shredded recyclable material ("shredder fluff') at the property commonly referred to as Assessor Parcel Number 163-041-39 (the "Site"); and WHEREAS, the original CUP was granted for the development and operation of a rail dismantling and salvage operations facility at the Site, which CUP was modified to allow the relocation and re -assembly of a metal shredding facility and an increase in transloading activity (referred to herein as the "Facility"); and WHEREAS, the Applicant is currently approved to treat shredder fluff at the Site using the "in-line" treatment process, also known as the "standard management process", with approval to use specified alternate management processes if the standard management process is not available, as further described in the staff report accompanying this resolution, and presented at the public hearing regarding the Application; and WHEREAS, the requested modification to the Applicant's existing CUP would clarify that the Applicant has the discretion to use any one of five (5) approved treatment processes for shredder fluff (the "Modification"); and WHEREAS, the five (5) approved treatment processes for shredder fluff include: (1) the standard management process under a Department of Toxic Substances Control non- hazardous waste determination; (2) incidental management of the shredder fluff as a hazardous waste; (3) management of the shredder fluff as a recyclable material; (4) management of the shredder fluff as a hazardous waste; and (5) treatment and disposal of the shredder fluff as a hazardous waste, all as more specifically described in the Agenda Report accompanying this Resolution and the City of Colton Planning Commission ("Planning Commission") staff report presented at the public hearing conducted on July 22, 2008 by the Planning Commission related to the Application (the "Approved Processes"); and WHEREAS, the Approved Processes have each been extensively studied and analyzed in the Final Revised Environmental Impact Report (FREIR) for the Pacific Rail Industries Metal Shredder Project (the "Project"); and - 1 -