Town of Cumberland, RI
Providence County
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Table of Contents
Table of Contents
[Ord. No. 94-13, § 1, 9-7-1994]
Any application for the siting of a hazardous waste management facility in accordance with Title 19.7 of the General Laws of the State of Rhode Island and Providence Plantations shall conform with the requirements of this article and any and all other local, state and federal regulations.
[Ord. No. 94-13, § 1, 9-7-1994]
(a) 
No property located totally or partially within the Town shall be used for either a landfill or injection well for the disposal or management of hazardous wastes.
(b) 
No hazardous waste management facility shall be permitted to be located totally or partially in the watershed of a public drinking water supply reservoir or in the recharge area of a ground water aquifer which supplies or has been shown by competent hydrologic and water quality analysis to be capable of supplying a public drinking water system.
(c) 
The active portion of a hazardous waste management facility, as defined by Title 23, Chapter 19.7 of the General Laws of the State of Rhode Island and Providence Plantations, as amended, shall be subject to the following dimensional requirements, as measured from the actual construction or use site.
(1) 
No such active portion of a facility shall be located within 1,000 feet of a school, hospital, nursing home or center of institutional population.
(2) 
No such active portion of a facility shall be located within 1,000 feet of a public recreation facility or wildlife conservation area.
(3) 
No such active portion of a facility shall be located within 1,000 feet of contiguous residential uses or residentially zoned districts.
(4) 
No such active portion of a facility shall be located within 1,000 feet of an environmentally sensitive area. These areas include, but are not limited to, steep slopes having a gradient of 10% or more; areas identified as freshwater wetlands by the state department of environmental management pursuant to Title 2, Chapter 1 of the General Laws of the State of Rhode Island and Providence Plantations, as amended, excluding therefrom such setbacks from the wetlands edges as are contained in said chapter; areas in a special flood hazard district which are in the one-hundred-year flood zone or plain as established by the Cumberland Flood Insurance Rate Map; and ground water aquifer or recharge area as established by competent hydrologic evidence and analysis; areas with soils that are unstable, excessively permeable, wet or have a high water table.
(d) 
The following requirements shall apply for hazardous waste management facilities:
Minimum lot area
200,000 square feet
Minimum front yard
150 feet
Minimum rear yard
150 feet
Minimum side yard
150 feet
Minimum lot coverage percentage
50%
Maximum height of principal building(s)
60 feet
Maximum height of accessory building(s)
40 feet
[Ord. No. 94-13, § 1, 9-7-1994]
No application for a hazardous waste management facility siting agreement shall be accepted until such time as the potential developer thereof shall have received a permit for the proposed facility from the state department of environmental management, or its successor, pursuant to the so-called "Hazardous Waste Management Act of 1978," being Title 23, Chapter 19.1 of the General Laws of the State of Rhode Island and Providence Plantations.
[Ord. No. 94-13, § 1, 9-7-1994]
Any person, corporation, partnership or other business entity authorized to do business in the state seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk the following documents:
(1) 
Fifteen copies of the entire filing made pursuant to an application for a hazardous waste management facility as submitted to the state department of environmental management pursuant to Title 23, Chapter 19.1 of the General Laws of the State of Rhode Island and Providence Plantations, and such copies shall be so filed within 10 days of the application to the state department of environmental management under said chapter.
(2) 
Fifteen copies of the project impact report prepared by the applicant together with all supporting documentation. Such filing shall be made within 10 days of receiving a permit from the statement department of environmental management in accordance with Title 23, Chapter 19.1 of the General Laws.
[Ord. No. 94-13, § 1, 9-7-1994]
(a) 
The project developer shall submit to the Town Council a "project impact report" delineating the potential environmental and other impact of the following consideration:
(1) 
Public water and aquifers.
(2) 
Fire fighting, police protection and other public services to be provided.
(3) 
Sewer facilities.
(4) 
By-products of the facility.
(5) 
Monitoring procedures and practices.
(6) 
Proximity to food processing.
(7) 
Taxation.
(8) 
Economic security of the community.
(9) 
Economic viability of the proposed developer.
(10) 
Natural resources and the environment.
(11) 
Risk to public health, safety and welfare.
(b) 
An emergency plan shall be prepared by the applicant detailing procedures, techniques and equipment for fire fighting, evacuation and warning in case of emergency, and it shall be submitted to the Building Official along with site plans and building plans prior to the beginning of negotiations of a siting agreements.
[Ord. No. 94-13, § 1, 9-7-1994]
(a) 
For each hazardous waste management facility siting application received by the Town Clerk a local project assessment committee shall be appointed, and such appointments shall be made within 45 days after receipt by the Town Clerk of the application to the statement department of environmental management for a permit pursuant to Title 23, Chapter 19.1 of the General Laws. The committee shall serve until such time as the siting or impact agreement is negotiated with the potential developer and ratified by the Town and such agreement is approved in accordance with the provisions of Title 23, § 19.7-10 of the General Laws, or until such time as all legal proceedings initiated in connection with the siting or impact agreement have been concluded.
(b) 
The public assessment committee for each proposed hazardous waste management facility shall consist of at least six members and not more than nine members and shall include the following members:
(1) 
The president of the Town Council, or another member of the Town Council should the president choose not to serve;
(2) 
The Mayor;
(3) 
The Chairman of the Cumberland Planning Board;
(4) 
A member of the Cumberland Conservation Commission designated by the commission; and
(5) 
At least two members of the public who shall be appointed by the Mayor, at least one of whom shall be knowledgeable in environmental matters by reason of training or expertise.
In addition to those persons required to be appointed to the project assessment committee, the Town Council may appoint such fit persons to the project assessment committee as it deems appropriate provided the total number of members does not exceed nine members.
Service on any other board or committee of the Town or any other project assessment committee of any such member, and such persons may be designated by a "public" member for the purpose of this article. A public assessment committee may consider more than one hazardous waste management facility siting application.
(c) 
Should any member of a public assessment resign or cease to so serve, the vacancy shall be filled forthwith pursuant to the same procedure that caused the vacating member's original appointment and based upon the same appointment criteria.
(d) 
The Building Official, Town Engineer and Director of Planning and Community Development shall serve as ex officio members of the project assessment committee without vote and shall prepare any reports or studies as may be required by the project assessment committee or the Town Council.
[Ord. No. 94-13, § 1, 9-7-1994]
Each project assessment committee shall have all powers, duties and responsibilities as assigned in Title 23, Chapter 19.7 of the General Laws. In addition thereto, the committee shall have the following powers and duties:
(1) 
The committee may seek and obtain such expert assistance as it deems advisable and appropriate. The primary source of such support assistance shall be from Town department, officials and boards; provided, however, the committee may seek and obtain such other expert assistance as it deems advisable and may expend such funds as approved by the Town Council as are necessary irrespective of whether such costs are reimbursable to the Town by the potential development of such facility.
(2) 
Subsequent to the creation of the project assessment committee and prior to the receipt of the proposed siting or impact agreement, the committee shall represent the Town in any proceedings held by the state department of environmental management or any other hearing resulting from such proceedings.
The committee may designate such of its members, Town officials, or other Town board members as it deems appropriate to attend hearings and/or to represent the Town, to review the proposal with the potential developer and to do such other acts as the committee authorizes during the state department of environmental management permit review process.
It is the intent of this article that the committee be involved in the hazardous waste management facility review process from its inception, and this provision is designed to maximize such involvement.
The project assessment committee shall not be bound by any action on its behalf prior to receiving the proposed siting or impact agreement.
(3) 
Prior to dissolving at the end of its mandated existence, the committee shall designate the Town official, board or department which is to be responsible for monitoring of the construction and on a regular basis for on-going practices and procedures of the hazardous waste management facility involved in its review to assure 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 findings by the potential developer of 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 article.
[Ord. No. 94-13, § 1, 9-7-1994]
(a) 
Notice of the public hearings required to be held by the project assessment committee shall be sent to the potential developer by certified mail, return receipt requested, and to all owners of real property within 500 feet of the property being proposed for a hazardous waste management facility not less than 10 days prior to the public 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 public hearing.
(b) 
The project assessment 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 procedure rules governing Town Council public hearings. Since the public hearing is for informational purposes, no right to appeal shall exist.
(c) 
The cost of the public hearing, the advertisement thereof, and the cost of notices under this article, shall be borne by the applicant and shall be deposited with the Town Clerk basked upon an estimate of the cost thereof. Should any additional funds be required, the applicant shall be further liable for such expenses. Should funds remain with the Town Clerk after the payment of all expenses incurred by the public hearing, the remaining funds shall be repaid to the potential developer.
[Ord. No. 94-13, § 1, 9-7-1994]
No siting or impact agreement negotiated by the project assessment committee shall be binding upon or enforceable against the Town until such agreement has been ratified by the Town Council by resolution.
[Ord. No. 94-13, § 1, 9-7-1994]
Upon receipt by the Town Clerk of any notice of a variance application filed with the state department of environmental management pursuant to Chapter 23, § 19.1-11 of the General Laws, the Town Council shall review the application or cause the same to be reviewed by some other appropriate Town official, board or department and request an advisory opinion therefrom.
If, in the Town Council's opinion and 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 for a variance before the state department of environmental management.
In addition to the provisions of Chapter 23, § 19.1 and 19.7 of the General Laws, all hazardous waste management facilities shall comply with the relevant portions of all zoning and land use ordinance requirements as from time to time shall be established by the Town.
[Ord. No. 94-13, § 1, 9-7-1994]
The applicant shall submit an affidavit acknowledging his/her understanding of the application standards provided herein and his/her continuing agreement to comply with such standards and procedures.