Chapter 36 of the Little Rock, Arkansas Revised Code (1988) is hereby amended to add a new article XI entitled the "Hazardous and Medical Waste Disposal Facility Zoning Ordinance". Except to the extent of a conflict with the provisions of this article, the application, submission and review of conditional uses set forth in Little Rock, Arkansas Revised Code §§ 36-101—36-125 (1988), shall apply.

(Ord. No. 16,156, § 1, 1-21-92)

The purpose of this article is to provide for an application and review procedure for the issuance of a conditional use permit for any person seeking to locate a hazardous or medical waste disposal facility within the city, and zoned areas within its statutory three-mile extraterritorial jurisdiction. This article is to be liberally construed consistent with Arkansas Statutes and federal law applicable to the disposal of hazardous or medical waste.

(Ord. No. 16,156, § 2, 1-21-92)

This article is enacted pursuant to the authority of the city to engage in planning and zoning, as set forth in A.C.A. § 14-56-416 (1987).

(Ord. No. 16,156, § 3, 1-21-92)

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them by this section, except where the context clearly indicates a different meaning:

Disposal facility means any land and appurtenances thereon and thereto, used for the treatment, storage, or disposal by any means of hazardous or medical waste, excluding a crematorium.

Disposal site means any place in which hazardous or medical waste is dumped, abandoned, accepted or disposed of for final disposition by incineration, microwaving, landfilling, composting, or any other method, excluding a crematorium.

District zoned for residential uses means an area of the city and its extraterritorial jurisdiction as designated on the official zoning map which authorizes the use of land or buildings primarily for dwelling units. This definition includes all residential, planned residential and multifamily districts.

Hazardous waste means any waste or combination of solid, liquid, contained gaseous, or semi-solid form which, because of its quantity, concentration or physical, chemical or infectious characteristics, may in the judgment of the Arkansas Department of Pollution Control and Ecology: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or injury; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise improperly managed. Such wastes include, but are not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, or strong sensitizers or those which generate pressure through decomposition, heat, or other means.

Incineration means a controlled process by which solid, liquid and gaseous combustible wastes are burned and changed into gases and a residue produced which is relatively free of combustible materials.

Incinerator means all devices intended or used for the reduction or destruction of solid, liquid or gaseous wastes.

Medical waste is solid, semisolid or liquid waste and includes isolation waste, infectious agents, pathological waste, human or animal blood and blood products, sharps and nonsharps, human or animal body parts, contaminated bedding, surgical wastes and other contaminated disposal medical equipment and material that may pose a risk to the public health or welfare.

Occupied structure means a building or other structure:

(1)

Where any person lives or carries on a business or other calling; or

(2)

Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or

(3)

Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or

(4)

Which has not yet been constructed or completed but for which a building permit where applicable has been issued by the city and is valid on the date the application for the conditional use permit is filed.

Person means any individual, corporation, firm, partnership, association, trust, venture, or other legal entity, however organized.

Transportation of waste means the movement of hazardous or medical waste from the point of generation to any intermediate points, or to the point of ultimate storage, treatment or disposal if such points are not on the property of the generating entity.

(Ord. No. 16,156, § 4, 1-21-92)

No person shall engage in the operation of a hazardous or medical waste disposal facility within the city and its extraterritorial jurisdiction without first having obtained a conditional use permit as described herein. In no event shall a permit be issued to allow the operation of a hazardous waste disposal facility within one-half mile of an occupied structure or district zoned for residential uses on the date of the application for the permit. Medical waste disposal facilities shall not be permitted to operate within one thousand (1,000) feet of an occupied structure or district zoned for residential uses on the date of the application for the permit. Disposal facilities approved under this article shall only be allowed in districts zoned I-2 or I-3, subject to the spacing requirements which shall be measured from the property line of the proposed facility. No conditional use permit issued pursuant to this chapter shall become effective until the applicable permits submitted to PC&E have been granted. Actual construction of the disposal facility shall commence within one (1) year of the date of final approval of the conditional use permit or the permit shall be revoked.

(Ord. No. 16,156, § 5, 1-21-92)

Each person seeking a conditional use permit to operate a hazardous waste disposal facility shall file an application with the department of planning and development and provide the following information:

(1)

At least thirty (30) days prior to filing, the applicant shall send notice of intent to apply for a conditional use permit. The notice shall be sent by certified mail to all property owners within one-half mile of the proposed disposal facility. For purposes of this requirement, a list of property owners in a certified abstract obtained from an abstract company will suffice. Proof of notice shall be submitted with the application to the city;

(2)

In addition to the submission requirements of Little Rock, Arkansas Revised Code Section 36-103 (1988), the applicant shall provide a full and complete legal description and site survey of the land where the disposal facility is to be located, including a map with overlay of the official zoning map and the adopted land use plan of the area in question on the effective date of the application, demonstrating that the proposed disposal facility will not be located within one-half mile of an occupied structure or district zoned for residential uses on the date of the application;

(3)

A copy of the application or draft of application for permit submitted to the Arkansas Department of Pollution Control and Ecology (PC&E). A draft is sufficient to the extent that it provides all information required by PC&E in accordance with the Arkansas Hazardous Waste Disposal Act and Arkansas Hazardous Waste Management Code;

(4)

Proof of title to the property where the proposed disposal facility is to be constructed; in lieu of record title, the applicant may submit evidence of an agreement to purchase the property for use as a hazardous waste disposal facility; and

(5)

Information sufficient to establish that the utility requirements of the facility are currently met and will be sufficient to provide extraordinary service in the event of an accident.

(Ord. No. 16,156, § 6, 1-21-92; Ord. No. 21,867, § 1, 5-19-20)

(a)

Once an application has been accepted and the appropriate fees paid pursuant to Little Rock, Arkansas, Revised Code Section 23-3 (1988), notice of the date of a public hearing by the city regarding the application for the permit shall be given by the applicant via regular mail to each property owner described in Section 36-576(1). If any hearing is postponed, a new notice must be sent by regular mail.

(b)

At the public hearing, comments from the public in support of or opposition to the disposal facility will be recorded and forwarded by the city to PC&E. The hearing will also establish for the record the information required pursuant to section 36-376.

(c)

If failure to notify is established at the public hearing by a preponderance of the evidence, then the hearing shall be recessed, certified notice of the next hearing date given by the applicant, and a full public hearing held on that date.

(Ord. No. 16,156, § 7, 1-21-92)

If the application submitted pursuant to section 36-576 is found by the Little Rock Planning Commission to be in compliance with this article in all respects, and the planning commission determines that use of the property for the purpose described in the application is consistent with a coordinated, adjusted and harmonious development of the city and its environs, the conditional use permit shall be granted subject to approval of the applicant's request for a permit from PC&E. The planning commission shall not vary any of the provisions of this article. However, the planning commission shall retain the discretion and responsibility in reviewing the appropriateness of the proposed land use as provided in Little Rock, Arkansas, Revised Code Sections 36-105, 36-106, 36-107 and 36-108 (1988). If any of the applicable federal, state or local permits or amended permits to operate are denied, suspended or revoked at any time, the permit issued pursuant to this article shall automatically be revoked and a new permit shall be obtained prior to continuing operation. A new application shall not be denied solely on the basis that an occupied structure or district zoned for residential uses came into existence within the spacing requirement subsequent to the approval of the original permit.

(Ord. No. 16,156, § 8, 1-21-92)

Each person seeking a conditional use permit to operate a medical waste disposal facility shall file an application with the department of planning and development and provide the following information:

(1)

At least thirty (30) days prior to filing, the applicant shall send notice of intent to apply for a conditional use permit. The notice shall be sent by certified mail to all property owners within one thousand (1,000) feet of the proposed disposal facility. For purposes of this requirement, a list of property owners in a certified abstract obtained from an abstract company will suffice. Proof of notice shall be submitted with the application to the city;

(2)

In addition to the submission requirements of Little Rock, Arkansas Revised Code Section 36-103 (1988), the applicant shall provide a full and complete legal description and site survey of the land where the disposal facility is to be located, including a map with overlay of the official zoning map and the adopted land use plan of the area in question on the effective date of the application, demonstrating that the proposed disposal facility will not be located within one thousand (1,000) feet of an occupied structure or district zoned for residential uses on the date of the application;

(3)

A copy of the application or draft of application for permit submitted to the Arkansas Department of Pollution Control and Ecology (PC&E). Subject to the provisions of section 36-575 of this article, a draft is sufficient to the extent that it provides all information required by PC&E in accordance with the Arkansas Solid Waste Management Code;

(4)

Proof of title to the property where the proposed disposal facility is to be located. In lieu of record title, the applicant may submit evidence of an agreement to purchase the property for use as a medical waste disposal facility;

(5)

Information sufficient to establish that the utility requirements of the facility are currently met and will be sufficient to provide extraordinary service in the event of an accident;

(6)

Proposed use of facility and design to accomplish the use;

(7)

Proposed days and hours of operation;

(8)

Proposed emergency preparedness plan, including a detailed list of all city services which may be required in the event of an emergency. Such plan shall also contain a description of emergency procedures, safety and security precautions that will be implemented at the facility, details on emergency assistance and medical treatment that may be required of the area's medical facilities, fire, police and ambulance service;

(9)

Proposed maintenance schedule; and

(10)

Identity of contractors retained to build the facility and proof of any license required by Arkansas Code Annotated Section 17-22-101, et seq. (Supp. 1991).

(Ord. No. 16,156, § 9, 1-21-92; Ord. No. 21,867, § 1, 5-19-20)

(a)

Once an application has been accepted and appropriate fees paid pursuant to Little Rock, Arkansas, Revised Code Section 23-3 (1988), notice of the date of a public hearing by the city regarding the application shall be given by the applicant via regular mail to each property owner described in section 36-579(1). If any hearing date is postponed, a new notice must be sent by regular mail.

(b)

At the public hearing comments from the public in support of or opposition to the disposal facility will be recorded and forwarded by the city to PC&E. The hearing will also establish for the record the information required pursuant to section 36-579.

(c)

If failure to notify is established at the public hearing by a preponderance of the evidence, then the hearing shall be recessed, certified notice of the next hearing date given by the applicant and a full public hearing held on that date.

(Ord. No. 16,156, § 10, 1-21-92)

If the application submitted pursuant to section 36-579 is found by the Little Rock Planning Commission to be in compliance with this article in all respects, and the planning commission determines that use of the property for the purpose described in the application is consistent with a coordinated, adjusted and harmonious development of the city and its environs, the conditional use permit shall be granted subject to approval of the applicant's request for a permit from PC&E. The planning commission shall not vary the provisions of this article. However, the planning commission shall retain the discretion and responsibility in reviewing the appropriateness of the proposed land use as provided in Little Rock, Arkansas, Revised Code Sections 36-105, 36-106, 36-107 and 36-108 (1988). If any of the applicable federal, state or local permits or amended permits to operate are denied, suspended or revoked at any time, the permit issued pursuant to this article shall automatically be revoked and a new permit shall be obtained prior to continuing operation. A new application shall not be denied solely on the basis that an occupied structure or district zoned for residential uses came into existence within the spacing requirement subsequent to the approval of the original permit.

(Ord. No. 16,156, § 11, 1-21-92)

Applicants or record objectors aggrieved by the decision of the planning commission may file an appeal with the board of directors in accordance with the provisions of Little Rock, Arkansas Revised Code Section 36-101 (1988).

(Ord. No. 16,156, § 12, 1-21-92)

Any person granted a conditional use permit under the authority of this article which will require the transportation of hazardous or medical waste to or from a disposal facility shall assure that such transportation is via an arterial roadway on a route calculated to minimize travel through residential areas. Any transportation of waste pursuant to this chapter shall comply with rules and regulations promulgated by the Arkansas State Highway and Transportation Department or other responsible state or federal agencies. A violation of this section shall be grounds for revocation of the conditional use permit.

(Ord. No. 16,156, § 13, 1-21-92)

Before granting a conditional use permit pursuant to this article, the planning commission shall find that the method of waste disposal proposed is consistent with a coordinated, adjusted and harmonious development of the city and its environs. The planning commission shall give greater weight to applicants who establish by a preponderance of the evidence that state-of-the-art technology has been or will be employed in the design and construction of the disposal facility such that it will not adversely affect, environmentally or otherwise, other property in the area where the proposed disposal facility is to be located.

(Ord. No. 16,156, § 14, 1-21-92)

A privilege license fee schedule, set forth in Chapter 17 of the Little Rock, Arkansas Revised Code (1988), shall be applicable to all persons operating hazardous and medical waste disposal facilities within the city. Payment of this fee is a prerequisite to maintaining a permit issued herein.

(Ord. No. 16,156, § 15, 1-21-92)

Applicants agree that as a condition of the permit, all disposal facilities described herein shall be subject to inspection at all reasonable times by inspectors retained by the city to assure compliance with this article and all other applicable city codes.

This article shall apply to all hazardous and medical waste disposal facilities proposed to be built from and after the effective date of this article. This article shall not apply to existing disposal facilities operated by an entity for the purpose of disposing of waste as currently generated on the date of this article by such entity on its premises. Further, this article shall not apply to renovations to existing disposal facilities, either through modification or additional construction, provided that such renovations are for the purpose of:

(1)

Complying with regulations or standards imposed by local, state or federal governmental agencies; or

(2)

Adding additional disposal capacity to an existing facility due to increased generation of waste by the entity on its current premises or land contiguous with its current premises.

This article shall not apply to existing crematoria. All crematoria in operation on the effective date of this article shall not be required to obtain a conditional use permit so long as they remain in continuous operation without expansion at the same location as that on the effective date of this article.

(Ord. No. 16,156, § 17, 1-21-92; Ord. No. 16,437, § 4, 6-9-93; Ord. No. 16,441, § 3, 7-6-93)

In the event any portion of this article is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this article, which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this article.

(Ord. No. 16,156, § 18, 1-21-92)

It is hereby found and declared that the disposal of hazardous or medical waste may be detrimental to the residents of the city if the location of such facility is not reviewed and conditioned in the manner prescribed herein. Therefore, this article is necessary to protect the public health, safety, and welfare, and shall be in full force and effect from and after its passage and approval.

(Ord. No. 16,156, § 19, 1-21-92)