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. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. The following regulations for an industrial hazardous
waste management facility shall apply:
(1) Minimum lot area: 200,000 square feet.
(2) Minimum lot frontage: 200 feet.
(3) Minimum front yard: 75 feet.
(4) Minimum rear yard: 75 feet.
(5) Minimum side yard: 75 feet.
(6) Maximum lot coverage (percent): 25%.
(7) Maximum height:
(a) Principal structure: 35 feet.
(b) Accessory structure(s): 25 feet.
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.
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:
A. Public water, aquifers, wetlands, groundwater and floodplains;
B. Fire-fighting, police protection and other public services
to be provided;
D. Types of waste and by-products of the facility;
E. Monitoring procedures and practices;
F. Proximity to food processors;
H. Economic security of the community;
I. Economic viability of the developer;
K. Risk to public health, safety and welfare;
L. Methods and routes of transporting waste and discharge;
M. Emergency incident management including evacuation routes
and methods and relocation plans;
N. Liability coverage of the developer; and
O. 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.