The purpose of this article is to address the unique issues that are associated with the handling of extremely hazardous materials, in order that these activities operate in a manner that is protective of the natural environment and the lives therein and is compatible with the surrounding area.

(Ord. No. 23-17, 6-25-2024)

The regulations set forth herein shall apply to any property located within the jurisdiction of this Ordinance that is now or is proposed to be the location for any activities involving the handling of extremely hazardous materials.

(Ord. No. 23-17, 6-25-2024)

Hazardous Materials are any extremely hazardous substances identified in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 40 CFR Part 355 - Appendix A, as amended, which is considered a part of this Ordinance as though copied herein, present in an amount(s) above the Threshold Planning Quantity. The Zoning Administrator shall have the authority to identify explosive substances or materials as extremely hazardous substances/materials based on the particular chemistry, quantity, or irresponsible handling of the substances or materials.

Hazardous Materials Handling includes any activity involving the storage, processing, manufacture, disposal, repackaging, or distribution of hazardous materials as defined above.

(Ord. No. 23-17, 6-25-2024)

31.31 New Activities

Upon the effective date if these regulations, hazardous materials handling activities can be commenced, developed, or expanded only in accordance with the applicable restrictions contained herein.

31.32 Existing Activities

Any hazardous materials handling activity lawfully permitted or in existence prior to the effective date of these regulations is not required to meet all of the provisions listed in Chapter 2, but are subject to the provisions of Section 31.50 and the nonconformity provisions found in Article 11.

(Ord. No. 23-17, 6-25-2024)

It shall be the responsibility of a hazardous materials handler to establish and operate the activity in accordance with the regulations set forth in this Ordinance. The zoning permit shall be issued on the basis of compliance with these regulations and any other applicable County regulations.

(Ord. No. 23-17, 6-25-2024)

If there is a veritable threat to the health and/or safety of the environment and/or the lives therein, such as repeated releases or discharges of hazardous materials or violation of Federal, State, or County regulations, the Zoning Administrator may seek injunctive relief in Circuit Court to require the operation to cease immediately. Such action shall only be taken after consultation with the County Administrator, County Attorney, and Council Chairman, or in his absence, Vice-Chairman.

(Ord. No. 23-17, 6-25-2024)

All activities defined as hazardous materials handling must also be declared to be one of the other principal activities listed in Article 2, Chapter 1. That declaration will establish the minimum restrictions and standards that must be met for compliance with this Ordinance.

(Ord. No. 23-17, 6-25-2024)

32.11 32.11 A request for a permit for hazardous materials handling activities will require additional submittals for review. The basis for such approval is a demonstration by the hazardous material handler that the owner/operator can operate in a responsive and responsible manner that is protective of the natural environment and the lives therein. The following items must be provided and/or demonstrated for the Zoning Administrator to consider approval of a land use meeting the description contained within this Article:

a.

As demonstration of responsible hazardous material handling, a hazardous material inventory and management plan will be in place for the duration of the hazardous material use, to include the handling, storage and/or manufacture of the substance(s);

b.

The surrounding properties can be reasonably protected from the flammable, explosive, toxic, corrosive or other potentially damaging characteristic(s) of the hazardous material(s) through appropriate buffering restrictions;

c.

For the protection of the surrounding environment and the lives therein, a safety and emergency response plan will be operational during the life of the activity;

d.

As evidence of responsible business practice, the hazardous material handler has reasonable liability insurance coverage, based on the typical insurance coverage of a hazardous material handler with similar risk;

e.

Demonstration that the individuals who will be responsible for the operational decision making at the local site, to include plant design and daily operations, can be reasonably expected to design or operate the hazardous materials handling activity with a low risk of endangerment to the surrounding environment or the lives therein.

f.

A copy of all hazardous materials inventory statements and hazardous materials management plans and/or other chemical inventory forms, plans, etc. as required by the South Carolina Emergency Management Division (SCEMD), South Carolina Department of Health and Environmental Control (SCDHEC), Lexington County Emergency Services, and/or the International Fire Code (IFC);

g.

Detailed site plan of the hazardous materials handling activity showing all of the property on which it is to be located and the relationship with all surrounding property. This plan must show the buffering restrictions being proposed to insure that the activity is totally compatible with the surrounding area;

h.

Detailed safety and emergency response plan including those elements required by the Title III: Emergency Planning and Community Right-to-Know Act of the Superfund Amendments and Reauthorization Act of 1986 (SARA);

i.

Evidence of liability insurance coverage that would reasonably be expected of the hazardous material handling activity, based on the typical insurance coverage of a hazardous materials handler with similar risk;

j.

Names of any owners, investors, employees, or subcontractors who will be responsible for operational decision making for a Lexington County hazardous material activity site, to include plant design and daily operations, who have been convicted of a criminal violation regarding the handling of hazardous materials or have demonstrated a pattern of negligence in the handling of hazardous materials;

k.

For the purpose of providing independent additional and/or clarification of information to the Zoning Administrator regarding the desired hazardous material handling activity, the applicant may submit names of recognized independent experts or any additional information the applicant deems necessary to support his application;

l.

The County shall have the option of having its own independent expert review the materials submitted by the applicant and offer an opinion as to the adequacy of the materials to the Zoning Administrator;

m.

All hazardous materials handling activities are required to comply with all of the applicable sections of the International Fire Code (IFC); and,

n.

All required permitting through the United States Environmental Protection Agency (EPA) and/or SCDHEC shall be obtained prior to Zoning approval, and such approvals must be provided to the Zoning Administrator. The required EPA and/or DHEC permits or approvals must be maintained in good standing.

(Ord. No. 23-17, 6-25-2024)

Hazardous materials handling activities must first meet all of the restrictions and standards as required by this Ordinance for the appropriate principal activity classification. Any special exception approval by the Board of Zoning Appeals for the handling of hazardous materials must include a plan for the minimum additional buffering restrictions if necessary for the responsible operation of that particular activity.

(Ord. No. 23-17, 6-25-2024)