The purpose of this article is to address the unique needs of Landfill Operations in order that these activities function in a manner that 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 developed as a Landfill Operation.

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

Landfills include all of the following activities as defined by the South Carolina Department of Health and Environmental Control (SCDHEC) of the Lexington County Solid Waste Ordinance, now or in the future, and/or land use activities that collect and store solid waste material for immediate or future disposal. Landfills may consist of above and/or below ground waste storage. Landfills are classified as either limited, intermediate, or extensive and may include solid waste activities exempt from review by SCDHEC. Recycling activities which involve recovered materials, construction, demolition and/or land-clearing or yard debris are regulated in the same manner as the landfill classification within which they are listed, even if there is no landfill at the location of the recycling activity unless affiliated with a Construction Services land use activity and within the thresholds of such allowances (See "Construction Services"). Landfill activities must also comply with applicable provisions of the Lexington County Solid Waste Ordinance. Structurally filled areas, as approved by SCDHEC, shall not constitute a landfill.

Landfills (Limited) shall have a landfill area which does not exceed 4 acres and is operational for less than 2 years. This activity category does not include facilities such as municipal or industrial solid waste landfills or the disposal of hazardous materials, or the on-site processing of recovered materials, such as, construction, demolition, and/or land-clearing or yard debris for recycling.

Landfills (Intermediate) shall have a landfill area which does not exceed 12 acres. This activity category does not include the disposal of hazardous materials, but may include the on-site processing of recovered materials, such as, construction, demolition, and/or land-clearing or yard debris for recycling provided the amount of unprocessed material stored above ground does not exceed 10,000 cubic yards.

Landfills (Extensive) include all other landfills not included within the definition of Landfill (Limited) or Landfill (Intermediate). This activity category also includes the on-site processing of recovered materials, such as, construction, demolition, and/or land-clearing or yard debris for recycling.

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

Upon the effective date of these regulations, Landfill Operations can be developed or expanded only in accordance with the applicable restrictions contained herein. Legally nonconforming Landfill Operations are subject to the provisions found in Article 16, Nonconformity.

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

91.41 A request for a permit for a landfill operation will require special exception approval from the Board of Zoning Appeals. The basis for such approval is a demonstration by the applicant that the owner/operator can manage and operate the landfill operation in a manner that addresses the varying conditions and circumstances associated with such land use activities. It will be the responsibility of the applicant to make evident to the Board that the following criteria can be met:

a. The applicant must demonstrate the day-to-day operations of the landfill operation and the ability to manage the various tasks associated with the land use;

b. As demonstration that the landfill operation will be harmonious with the surrounding properties and the appropriate buffering restrictions, general requirements, performance standards, and landscape and/or vegetation requirements, if applicable;

c. As evidence that the applicant has obtained all other local, state, and/or federal permits to operate such activity, if applicable; and

d. For the protection of the surrounding environment, a response plan to address environmental or public safety related incidents.

91.42 For the Board to rule on a landfill operation special exception based on these criteria, the following information must be submitted for consideration with the application:

 a. Demonstrate the ability to manage and operate the landfill operation in accordance with the regulated hours of operation, performances standards, truck traffic to include stacking along the road and/or entrance driveways, odor, roadway noise, fugitive dust, on-going compliance with various environmental-type permits;

 b. A detailed plan illustrating the buffering restrictions, landscape or vegetation plan, access plan, berming or noise containment plan;

 c. Detailed plan on how materials brought to the site are monitored/inspected prior to acceptance into the facility;

 d. Methods and/or protocols for addressing non-compliance related issues with the landfill operation or nuisance complaints (i.e., explosions) associated with the operation;

 e. Emergency plans and protocols in the event of a fire or environmental-related issue, such as ground or surface water contamination; and

 f. A plan illustrating how the landfill operation will be reclaimed once the landfill in certain areas of the property or properties has ended or if the activity were to cease.

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

It shall be the sole responsibility of a Landfill Operation owner to establish and operate a Landfill Operation in accordance with the regulations as set forth in this article. The zoning permit shall be issued on the basis of compliance with all applicable state and local regulations.

The Landfill Operation regulations contained herein are in addition to any applicable regulations from the South Carolina Department of Health and Environmental Control (SCDHEC), Federal Aviation Administration (FAA) regulations pertaining to landfill locations in proximity to airports, and any other state or federal agencies. A Landfill Operation shall be issued a zoning permit only after receiving an approval from Lexington County as to its compliance with all County Solid Waste Regulations.

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

Each Landfill Operation shall adhere to the buffering restrictions covering height regulations, buffers, setbacks, and screening as outlined in Chapter 3 of Article 2, except where more restrictive regulations exist in this Article or elsewhere in this Ordinance. Where an existing residence is located less than 500 feet from the property line of a landfill activity the required buffering restrictions shall be doubled. Where an existing residence is located between 500 and 1,000 feet from the property line of a landfill activity, the required buffering restrictions shall be 1 ½ times the published requisites.

92.21 Buffer

Buffering requirements are defined in Section 23.20. In the event that an encroachment appears to be within the buffer area, and/or the buffer area is likely to be encroached unintentionally, the designated buffer area may be required to be clearly delineated by a material approved by the Zoning Administrator.

92.22 Setbacks

While accessory activities such as driveways and parking can occur within the designated setback as defined in Section 23.30, landfill operations may not encroach on any part of the setback area.

92.23 Screening

1.

In all Districts all of the landfill activity shall be screened from any neighboring property in accordance with the Chart of Maximum Buffering Restrictions of Section 23.60. This shall include, but is not limited to, buildings, structures, stockpiles, overburden storage areas, berms, surface debris/refuse, etc.

2.

All Landfill Operations must use natural or landscaped vegetation for screening. The screening requirements do not exclude the use of fencing for safety reasons. Existing natural vegetation shall be left undisturbed in the buffer areas located in all Districts. In the portion of the setback areas beyond the required buffer areas, existing natural vegetation shall also be left undisturbed with the single exception of grading in this area that is necessary to implement berms for noise containment necessary to comply with Section 92.70. However, this exception is allowed only if the vegetative screening requirements of this Section can be met.

3.

Additional vegetation must be added and existing vegetation altered as necessary to meet the screening requirements and shall be planted in a random manner to replicate natural forest conditions. The vegetation used must include sufficient quantities that are evergreen, drought-tolerant, and disease resistant to ensure that the screening requirements of the Ordinance are met during all seasons of the year.

4.

Total road frontage screening is required in all districts.

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

The chart contained in Section 22.02 designates the street classification necessary to access Landfill Operations. The following additional requirements must be met:

1.

A Landfill (Intermediate) operation is allowed access by a Local street provided that road is paved.

2.

A Landfill (Extensive) operation is allowed access by a Local or Collector road provided that road is paved.

The appropriate street access shall not be an issue if all of the vehicular activity associated with the landfill is self-contained on the site.

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

Driveway access to a paved road must consist of a paved apron at least 100 feet in length. Driveway access to an unpaved road must be stabilized in a manner to reduce excessive fugitive dust. Those driveways may also be required to have deceleration and/or acceleration lanes as a part of an encroachment permit from either Lexington County or the South Carolina Department of Transportation.

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

The following hours of operation restrictions shall apply:

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

Each Landfill Operation shall adhere to the Performance Standards as outlined in Chapter 4 of Article 2. It should be noted that one of those standards that requires extra attention during the design of a Landfill Operation are the limits placed on noise. Earthen berms are one of the few methods that will contain the noise on-site at a level that meets the standards contained on this Ordinance.

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