[HISTORY: Adopted by the Town Council of the Town of Smithfield 6-14-1983 (Ch. 19, Art. III, of the 1985 Code). Amendments noted where applicable.]
The definitions included within Chapter 19.7 (Hazardous Waste Management Facilities) of Title 23 of the General Laws of Rhode Island and all amendments, and as further defined by the Rhode Island Department of Environmental Management thereto, are incorporated within this chapter as though fully set forth herein.
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 chapter to regulate the siting and ongoing operation of hazardous waste management facilities to the extent permitted by the "Rhode Island Hazardous Waste Management Facilities Act of 1982," being Title 23, Chapter 19.7 of the General Laws of the state, as amended.
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.
A hazardous waste management facility shall not be sited in the Town unless the following restrictions are fully met:
A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line of an M Zone, from the nearest residential or farming use or a residential or farming zone.
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, commercial zones and any buildings where the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from the property line as shown on maps in the Tax Assessor's office. This subsection shall not be applicable if the center of population is located within an industrial zone.
A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from the property line as shown on maps in the Tax Assessor's office.
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 5% 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 one-hundred-year flood zone or plain of the Town.
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 body of surface water or other waterway. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from water courses or wetland areas.
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 (percent): 25%.
Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the "Hazardous Waste Management Act of 1978" (G.L. 1956 section 23-19.1-1 et seq.) in seeking a permit for such facility. Said copies shall be filed with the Town Clerk within 10 days of filing under the Act.
In addition to the foregoing, any person seeking any renewals, extension or modifications or a state department of environmental management permit for any facility in the Town or in a neighboring community shall file with the Town Clerk a copy of the entire application within 10 days of filing for such permit.
In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact report as herein required for review by the Local Assessment Committee. This filing shall be made within 10 days of receiving the permit.
There shall be appointed a Local Assessment Committee consisting of no fewer than five nor more than nine members, including the Chief Executive Officer, the Town Council President or if either the Council President is the Chief Executive Officer or chooses not to serve on the Local Assessment Committee, another member of the Council chosen by the Council, the Chairman of the Planning Board, and not fewer than two public members appointed by the Town Council, at least one of whom shall be knowledgeable in environmental matters by reason of training or experience. The Committee shall elect its own Chairman. Service is permitted on any other board or committee of the Town or on any other assessment committee of any such member, and such person may be designated as a "public" member for the purpose of this chapter. 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 (G.L. 1956, § 23-19.1-1 et seq.), 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 Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended.
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 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 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 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 provision.
Powers and duties. The powers and duties of the Local Assessment Committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws of Rhode Island and all amendments thereto.
No siting or impact agreement negotiated by the Local Assessment Committee shall be binding upon or enforceable against the Town until:
The Town Council shall have the power to approve or reject any such siting or impact agreement.
Prohibited. Notwithstanding any provision in the Zoning Ordinance for the Town, no developer shall be entitled to receive any variance or special exception for any requirement in this chapter.
Procedure for DEM permit. Upon receipt by the Town Clerk of any notice of a permit application or modification of a permit filed with the state department of environmental management pursuant to § 23-19.1-11 of the General Laws, the Town Council shall review said application or cause the same 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 permit might adversely affect the Town, its citizens or the environment, the Council may authorize such action as it deems appropriate, including opposing the application.
The Town Clerk shall notify forthwith all members of the Town Council upon receipt from the State Department of Environmental Management of notice that an application to construct or substantially alter a hazardous waste management facility has been received. Council members shall be notified of applications for hazardous waste management facilities both within the Town and in neighboring communities.
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 established in this chapter. The Town Council shall exercise its power to approve or reject the proposed siting or impact agreement only after there has been a public hearing as set forth in this chapter. A 3/5 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.
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 1,000 feet of the property being proposed for a hazardous waste management facility not less than 30 days prior to such hearing. Additional public notice shall be given by publication in a newspaper of general circulation in the Town at least once each week for three weeks prior to the date of the hearing.
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.
In addition to the provisions in this chapter, all hazardous waste management facilities shall comply with the relevant portions of all Zoning Ordinance requirements as from time to time established by the Town.
The project developer shall submit to the Town Council a "project impact report" delineating the potential environmental and other impacts of the following considerations:
Public water, aquifers, wetlands, groundwater and floodplains;
Fire-fighting, police protection and other public services to be provided;
Types of waste and by-products of the facility;
Monitoring procedures and practices;
Proximity to food processors;
Economic security of the community;
Economic viability of the developer;
Risk to public health, safety and welfare;
Methods and routes of transporting waste and discharge;
Emergency incident management including evacuation routes and methods and relocation plans;
Liability coverage of the developer; and
Consequences of natural and man-made hazards such as explosions, fires and leaks.
The developer shall provide to the Town, at no cost to the Town, all equipment, materials and training necessary to manage effectively any fire or public health emergency unique to the proposed hazardous waste management facility.
The applicant shall submit an affidavit acknowledging his understanding of the applicable standards provided in this chapter and his continuing agreement to comply with these standards.