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ZOA No. 2024-02 & AA No. 2024-03 (Transit Zoning Code Amendments) <br />February 24, 2025 <br />Page 9 <br />3 <br />3 <br />6 <br />7 <br />and/or monitoring hazardous clean-up sites, or other industrial facility-related activities for <br />sites located within the TZC. <br />The City has responses to its Public Records Act request from SCAQMD, the Santa Ana <br />Regional Water Quality Control Board (SARWQB), and the Orange County Environmental <br />Health Division Certified Unified Program Agency (CUPA). Records show SCAQMD <br />issued two notices to comply with one industrial business on August 2023 and April 2024 <br />for failure to maintain records, such as temperature graphs, poundage logs, and source test <br />data. SCAQMD issued several permits to construct and to operate to the new operator of <br />this same facility, which is currently in compliance with SCAQMD. Two notices of violation <br />to one industrial business for operating a paint spray booth without a valid permit to operate <br />from SCAQMD. <br />The report from the SARWQCB from 2023 shows five (5) active industrial businesses in the <br />TZC that were in violation of their permit for providing a late report or incomplete and/or <br />insufficient information for their Stormwater Pollution Prevention Plan (SPPP). <br />Public records from the Certified Unified Program Agency (CUPA) for Orange County, <br />spanning 2022-2024, reveal a pattern of non-compliance with environmental and <br />hazardous materials regulations among industrial businesses within the TZC. While some <br />2023 violations related to Hazardous Material Business Plan staff training and reporting <br />were later corrected, current records indicate four businesses still have multiple open <br />violations. These ongoing issues include non-compliance with documentation for <br />hazardous waste transportation and disposal, as well as deficiencies in industrial <br />stormwater reporting requirements. Notably, records from 2022-2024 show repeated <br />failures to submit required stormwater reports and deficiencies in hazardous waste <br />management and emergency response planning, including missing documentation and <br />training. These violations highlight potential risks to public health and the environment. <br />The proposed amendments for the TZC aim to strengthen the City's land use regulatory <br />oversight, providing a necessary tool to address these deficiencies and safeguard the <br />health, safety, and welfare of the TZC community. <br />Air emission complaints continue to be reported to SCAQMD. These complaints included <br />one involving black smoke and another regarding unpermitted soil vapor extraction <br />equipment onsite. SCAQMD staff has clarified that for air quality complaints they receive, <br />their inspector is required to be physically present to observe the activity from the facility <br />described in the complaint to determine if the complaint warrants further investigation or <br />enforcement action in accordance with SCAQMD Rules 401 (Visible Emissions), 402 (Public <br />Nuisance), and 403 (Fugitive Dust). Therefore, although community members continue to <br />share concerns with City and SCAQMD staff, the turnaround time for an SCAQMD inspector <br />to be physically present at an SCAQMD-permitted facility to investigate an air quality <br />complaint, especially if a complaint is reported after working hours or on weekends, is <br />ineffective in addressing the immediate needs of the community. <br />