The Building Inspector shall have the authority to certify a proposed industrial use or operation for probable compliance with the performance standards of § 340-16 of this chapter. It is recognized that in some cases the Building Inspector cannot adequately judge the relation of a prospective or established industrial use to the performance standards of this chapter. In such cases, the Building Inspector or the applicant may request an advisory opinion from the Planning Board.

Procedure for certification. Before issuing a building permit for an industrial use, the Building Inspector shall determine whether or not the proposed use will comply with the performance standards of § 340-16 of this chapter.

Procedure:

Violations. In the event of a determination by the Building Inspector of a probable violation of the performance standards subsequent to the granting of a permit, a written notice of the probable violation shall be sent by registered mail to the owner of the industrial use. The notice shall further state that upon the continuation of the probable violation, technical determinations as described in this chapter shall be made by the Building Inspector and that if violations as alleged are found, costs of such determinations, including the costs of hiring qualified experts, shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate; provided, however, that if it is determined that no violation exists, the cost of the determination will be paid by the Town of Johnston.

Review by Planning Board. Cases involving probable violations may be referred by the Building Inspector to the Planning Board. In such cases, the Planning Board shall proceed to investigate the alleged violation and shall make such technical determinations as are prescribed in § 340-16 of this chapter. The Planning Board shall make known its findings, in writing, to the Building Inspector.

Noise:

Vibration. Vibration shall be measured at the nearest property line. No vibration is permitted which is discernible to human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m., or 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting," on any structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this regulation.

Smoke and other forms of air pollution. Manufacturing operations shall conform to the Rhode Island Clean Air Act, R.I.G.L. § 23-23-1 et seq., as amended, and regulations promulgated thereunder, including, without limitations, the "Air Pollution Control Regulations" of the Rhode Island Department of Environmental Management, as amended.

Sewage and waste. Effluent from any manufacturing use which is discharged into the ground shall at all times comply with the "Rules and Regulations Pertaining to Disposal of Sanitary Sewage in Unsewered Areas" of the Rhode Island Department of Health, as amended. Manufacturing operations shall comply with the Rhode Island Hazardous Waste Management Act of 1978, R.I.G.L. § 23-19.1-1 et seq., the Hazardous Substance Community Right to Know Act, R.I.G.L. § 23-24.4-1 et seq., the Rhode Island Water Pollution Control Act, R.I.G.L. § 46-12-1 et seq., as such laws may be amended, and all regulations promulgated thereunder.

Heat and glare. Any manufacturing operation producing heat and/or glare (as differentiated from interior illumination) shall be shielded so that no heat or glare can be recorded at the property line. No lighting shall be used in such a manner that produces glare on public highways or neighboring property.

Radiation. Manufacturing operations shall cause no dangerous radiation at the property line as specified by the regulations of the United States Atomic Energy Commission.

Fly ash, dust, fumes, vapor, gases, and other forms of air pollution.

Gases and fumes. Any gases or fumes emitted in such quantity or of such nature that they are or potentially may become odorous or toxic shall be collected and filtered, washed, absorbed, burned or otherwise treated in a manner approved by the Zoning Enforcement Officer before being discharged into the atmosphere.

Compliance with applicable laws and regulations. The above list of industrial performance standards shall be in addition to, and not in lieu of, any other applicable federal and state laws and regulations with which an industrial use is bound to comply.

Establishment. An advisory body is hereby established known as the Industrial Performance Commission. The purpose of this body is to provide technical and scientific assistance in the determination by the Zoning Enforcement Officer of the performance characteristics of proposed or existing industrial operations pursuant to § 340-16 of this chapter.

Membership.

Chairperson. A Chairperson shall be elected by the Industrial Performance Commission.

Exemption of Commission members. No member of the Industrial Performance Commission shall pass on any matter in which such member has a business or personal interest.

Meetings. The Industrial Performance Commission shall meet monthly and at such other times at the request of the Zoning Enforcement Officer or the Chairperson of the Commission.

Quorum. Five participating members of the Industrial Performance Commission shall constitute a quorum. The concurring vote of three members shall be required to pass on any resolution or advisory opinion.

Rules and procedure. The Industrial Performance Commission shall determine rules of procedure that are not inconsistent with the provisions of this chapter and existing state and local laws.

Any structure or facility created for the manufacturing or storage of industrial gas. See the Table of Use Regulations, Subsection L(3).[1]

Any commercial composting of any materials, including, but not limited to, leaves, brush, grass clippings, food scraps, meat, fish, dairy products, vegetables or fruit scraps, garden wastes and animal wastes shall be prohibited within the boundaries of the Town of Johnston. See the Table of Use Regulations, Subsection A(8).

Any processing, recycling or dumping of construction/demolition wastes, debris on all/any property owned by Solid Waste Management Corporation in the Town of Johnston. Any materials, including, but not limited to, used asphalt, concrete, portland cement, tree stumps, wire, cable, pallets, railroad ties, tires, rocks, boulders, steel drums, industrial equipment.

Incinerators, dumps or sanitary landfills, and solid waste transfer stations. See the Table of Use Regulations, Subsections E(14), (15) and (16), respectively.