Pinedale City Zoning Code
ARTICLE XXXVIII
Use and Storage of Chemicals and Hazardous Waste
[Added 3-14-2016 by Ord. No. 561]
§ 475-322 Purpose.
The purpose of this article is to establish minimum standards for chemical use, storage, and housing as well as provide for the health, safety, and welfare of the public and surrounding properties.
§ 475-323 Applicability.
These development standards apply to developments located in I-1, 1-2, C-1, and C-2 Zoning Districts which use and/or store highly flammable or explosive liquids, solids or gases or any material listed under Title III of the Superfund Amendments and Reauthorization Act (SARA). [1]
[1]
Editor’s Note: See 42 U.S.C. § 9601 et seq.
§ 475-324 Development standards.
A.
All development which uses and/or stores any chemicals listed within Title III of the Superfund Amendments and Reauthorization Act (SARA) shall comply with the SARA requirements and the following minimum standards. No hazardous waste as defined by 40 CFR 261 shall be stored on any lot in any zone district. Failure to meet these standards shall be grounds to deny or revoke the conditional use permit.
B.
Any conditional use permit granted in I-1, I-2, C-1, and C-2 Zone Districts shall, in addition to the requirements of Article XXVIII, be subject to the following standards:
(1)
Provide a secure and safe enclosure suitable for chemical use and storage.
(2)
Facilities must have an adequate emergency operations plan which is updated annually and available upon request.
(3)
The application shall be provided to the Town and Fire Department for review and approval.
(4)
The applicant shall comply with all state and federal requirements.
(5)
The applicant shall permit yearly inspections by Town staff.
§ 475-325 Application standards.
The following items shall be included in all applications for conditional use permits relating to chemical use and storage for any materials listed under Title III of the Superfund Amendments and Reauthorization Act (SARA):[1]
A.
Size of premises on which chemicals will be stored.
B.
SDS forms and reactivity for all chemicals.
C.
Anticipated quantities of chemicals to be stored.
D.
Type of enclosure.
E.
Spill mitigation, for example; berms, earthen or man-made to contain hazardous materials.
F.
Proof of bond and insurance to mitigate any leaks or spills.
G.
Emergency operations plan.
H.
Location of any underground containers or facilities.
I.
Any other information related to the chemical storage as requested by the Planning and Zoning Commission.
J.
The conditional use permit is highly specific; any additional chemicals require an additional conditional use permit.
[1]
Editor’s Note: See 42 U.S.C. § 9601 et seq.
§ 475-326 Violations and Penalties
Any person who violates any provisions of this article is guilty of a misdemeanor and, upon conviction, is subject to the general penalty provisions of Chapter 1, Article W, General Penalty.