ARTICLE IV. - HAZARDOUS WASTE MANAGEMENT FACILITIES
Part of the Code of Ordinances of Bristol, RI.
The text
Footnotes:
--- (3) --- Cross reference— Fire prevention and protection, ch. 12.
Sec. 13-141. - Statement of purpose.#
For the purpose of promoting general health, safety and welfare of the citizens of the town and for efficiently and effectively treating hazardous wastes while protecting the environment from contamination, it is the intent of this article to regulate the siting and on-going operation of hazardous waste management facilities to the extent permitted by the "Rhode Island Hazardous Waste Management Facilities Act of 1982," being G.L. 1956, § 23-19.7-1 et seq.
(Code 1972, § 9-21)
Sec. 13-142. - Definitions.#
The definitions included within G.L. 1956, § 23-19.7-1 et seq. and all amendments thereto are incorporated within this article as though fully set forth in this section.
(Code 1972, § 9-22)
Cross reference— Definitions generally, § 1-2.
Sec. 13-143. - Prohibition of landfills and injection wells as hazardous waste sites.#
No property located totally or partially within the town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.
(Code 1972, § 9-23)
Sec. 13-144. - Distance and area restrictions.#
A hazardous waste management facility shall not be sited in the town unless the following restrictions are fully met: (1)
A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from all zoning district boundary lines of an M zone and from the nearest residential or farming use, and from a residential or farming zone.
(2)
A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and any buildings where the concentration of population exceed one person per 100 square feet of building area. Such minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(3)
A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Such minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(4)
Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, areas of steep slope, e.g., slopes of five percent or more; areas identified as fresh water wetlands; water-related sensitive areas as delineated on the State of Rhode Island 208 Areawide Water Quality Management Plan (Rhode Island Statewide Planning Project (FRC-JF-01-13); and areas of flood hazard districts as delineated within the 100-year flood zone or floodplain of the town.
(5)
A development site for a hazardous waste management facility shall be at least 1,000 feet from any pond, any major stream or river or any minor stream or river, or any other surface water or waterway. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses and wetland areas.
(6)
The following regulations for an industrial hazardous waste management facility shall apply:
Minimum lot area: 200,000 square feet.
Minimum lot frontage: 200 feet.
Minimum front yard: 75 feet.
Minimum rear yard: 75 feet.
Minimum side yard: 75 feet.
Maximum lot coverage: 25 percent.
Maximum height: Principal structure: 35 feet.
Accessory structures: 25 feet.
(Code 1972, § 9-24)
Sec. 13-145. - Application filing.#
Any developer seeking to site a hazardous waste management facility in the town shall file with the town clerk ten copies of the entire filing made pursuant to the "Hazardous Waste Management Act of 1978" (G.L. 1956, § 23-19.1-1-1 et seq.) in seeking a permit for such facility. Such copies shall be filed with the town clerk within ten days of filing under the act. In addition to the foregoing, any person seeking any renewals, extensions or modifications of a DEM variance for any facility in the town or in a neighboring community shall file with the town clerk a copy of the entire application within ten days of filing for such variance. In addition, any such developer shall file with the town clerk ten copies of a proposed impact report as required in this section for review by the local assessment committee. This filing shall be made within ten days of receiving the permit.
(Code 1972, § 9-25)
Sec. 13-146. - Appointment, powers and duties of local assessment committee and ratification.#
(a)
Appointment. There shall be appointed a local assessment committee consisting of no less than five nor more than nine members, including: the town administrator, the town council chairperson, or if the council chairperson chooses not to serve on the local assessment committee, another member of the council chosen by the council, the chairperson of the planning commission, and not less than two public members appointed by the town administrator, at least one of whom shall be knowledgeable in environmental matters by reason of training or experience. The committee shall elect its own chairperson. Service on any other board or committee of the town or on any other assessment committee shall not bar participation on an assessment committee of any such member, and such person may be designated as a "public" member for the purpose of the article. An assessment committee may consider more than one hazardous waste management facility siting application. The local assessment committee shall be appointed within 45 days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Rhode Island Hazardous Waste Management Act of 1978, as amended, which facility proposes to be sited in or have impact upon the town. The committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the town council or until such time as siting or impact agreement is reached in accordance with G.L. 1956, § 23-19.7-1 et seq. Prior to dissolving at the end of its mandated existence, the committee shall suggest to the town council the appointment of a town official, board or department which is to be responsible for monitoring of the construction and on a regular basis the ongoing practices and procedures of the hazardous waste management facility involved in its review and to ensure the continued safe operation in compliance with the siting or impact agreement and other town ordinances and regulations. The committee may require the developer to make regular or specifically defined reports to such official, board or department, and a system of inspections, reports and funding by the developer for such monitoring may be included in the siting or impact agreement. The town council shall have the authority to take any appropriate action pursuant to the agreement as a result of the ongoing hazardous waste management facility operation and this subsection.
(b)
Powers and duties. The powers and duties of the local assessment committee shall be those set forth in G.L. 1956, § 23-19.7-1 et seq.
(c)
Ratification. No siting or impact agreement negotiated by the local assessment committee shall be binding upon or enforceable against the town until the local assessment committee holds a public hearing on the proposed siting or impact agreement, and, following such public hearing, the agreement is ratified by the town council. The town council shall by this article have the power to approve or reject any such siting or impact agreement.
(Code 1972, § 9-26)
Sec. 13-147. - Variances; special exceptions.#
(a)
Prohibition against variances or special exceptions. Notwithstanding any provision in the zoning ordinance for the town set out in chapter 28, no developer shall be entitled to receive any variance or special exception for any requirement in this article.
(b)
Procedure for DEM variances. Upon receipt of the town clerk of any notice of a variance application filed with the department of environmental management pursuant to G.L. 1956, § 23-19.1-11, the town council shall review such application or cause the application to be reviewed by some other town official, board or department and request an advisory opinion therefrom. If in the town council's determination the variance might adversely affect the town, its citizens or the environment, the council may authorize such action as it deems appropriate, including opposing the application.
(Code 1972, § 9-27)
Sec. 13-148. - Notification of receipt of application.#
The town clerk shall notify forthwith all members of the town council upon receipt from the department of environmental management of notice that an application to construct or substantially alter a hazardous waste management facility has been received. Councilmembers shall be notified of applications for hazardous waste management facilities both within the town and in neighboring communities.
(Code 1972, § 9-28)
Sec. 13-149. - Council ratification required.#
(a)
The town council shall hereby be empowered to approve or reject any proposed siting or impact agreement submitted to it by the local assessment committee. The town council shall exercise their power to approve or reject the proposed siting or impact agreement only after there has been a public hearing as set forth in this article.
(b)
A two-thirds majority vote of the council shall be necessary for approval. Once approved, the siting or impact agreement statement shall be binding and enforceable upon all parties thereto.
(Code 1972, § 9-29)
Sec. 13-150. - Notice of public hearing and conduct of meetings.#
(a)
Notice of the public hearing required to be held by the assessment committee shall be sent by certified mail to all owners of real property within 500 feet of the property being proposed for a hazardous waste management facility not less than ten days prior to such hearing. Additional public notice shall be given by publication in a newspaper of general circulation in the town at least seven days prior to the date of the hearing.
(b)
The committee shall afford all interested persons an opportunity to be heard at the public hearing, and the hearing shall be conducted in accordance with the customary procedural rules governing town council public hearings. Since the hearing is for informational purposes, no right of appeal shall exist.
(c)
All costs associated with this section shall be paid by the applicant.
(Code 1972, § 9-30)
Sec. 13-151. - Performance standards.#
In addition to the provisions in this article, all hazardous waste management facilities shall comply with the relevant portions of all zoning ordinance requirements in chapter 28 as from time to time established by the town.
(Code 1972, § 9-31)
Sec. 13-152. - Project impact report.#
The project developer shall submit to the town council a project impact report delineating the potential environmental and other impacts of the following considerations: (1)
Public water and aquifers, wetlands, floodplains and groundwater;
(2)
Firefighting, police protection and other public services to be provided including, but not limited to, equipping and training local emergency personnel;
(3)
Sewer facilities;
(4)
Byproducts of facility;
(5)
Monitoring procedures and practices;
(6)
Proximity to food processors;
(7)
Taxation;
(8)
Economic security of community;
(9)
Economic viability of developer;
(10)
Natural resources;
(11)
Risk to public health, safety and welfare;
(12)
Transportation of hazardous materials, to, from and within the site; and
(13)
Emergency procedures.
(Code 1972, § 9-32)
Sec. 13-153. - Affidavit from applicant.#
The applicant shall submit an affidavit acknowledging his understanding of the applicable standards provided in this article and his continuing agreement to comply with these standards.
(Code 1972, § 9-33)