Hazardous waste management facility siting

[Amended 10-26-2020 by Ch. No. 1997]

• (1) A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line in an industrial zone, from the nearest residential or farming use or a residential or farming zone.
• (2) A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and wherever the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from property lines.
• (3) A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from property lines.
• (4) Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, the following:
  • (a) Slopes of 5% or more.
  • (b) Areas identified as freshwater wetlands under the RIGL 2-1-20.
  • (c) Water-related sensitive areas and areas in the recharge area of a groundwater aquifer as delineated on the State of Rhode Island 208 Area Wide Water Quality Management Plan (R.I. Statewide Planning FRC-JF-01-13) or any other determination of said sensitive areas made by a competent hydrologic and water quality analysis as defined by the Rhode Island Department of Health under RIGL 46-13-2.
  • (d) Areas of flood hazard districts as delineated within the one-hundred-year flood zone or plain.

    [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

  • (e) Areas containing unique habitats as determined by the Audubon Society of Rhode Island Unique Areas Survey, 1973, and any updates thereto.
• (5) The Town Engineer shall determine that a development site for a hazardous waste management facility is at least 1,000 feet from any pond, any major stream or river, any minor stream or river or any recharge area of a groundwater aquifer. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from watercourses, wetlands areas and aquifers.
• (6) Any developer seeking to site a hazardous waste management facility in the Town shall file with the Town Clerk 10 copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (RIGL 23-19.1-1 et seq.) in seeking a permit for such facility, within 10 days of filing under the Act.
• (7) In addition, any such developer shall file with the Town Clerk 10 copies of a proposed impact agreement for review by the local assessment committee. This filing shall be made within 10 days of receiving the permit.
• (8) The following regulations for an industrial hazardous waste management facility shall apply:
  • (a) Minimum lot area: 174,240 square feet (four acres).
  • (b) Minimum lot frontage: 250 feet.
  • (c) Minimum front yard: 200 feet.
  • (d) Minimum rear yard: 125 feet.
  • (e) Minimum side yard: 75 feet.
  • (f) Maximum lot coverage: 25%.

• (1) Appointment.
  • (a) There shall be appointed a Local Assessment Committee consisting of five members. The Town Council President, the Town Manager and the Chairman of the Planning Board shall be members of the Committee. The remaining membership shall be drawn from the public and appointed by the Town Council President. At least one public member shall be knowledgeable in environmental matters by reason of training or experience. The Town Council President shall be the Chairman of the Committee.
  • (b) The Local Assessment Committee shall be appointed within 45 days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Rhode Island Hazardous Waste Management Act of 1978, as amended, which facility proposes to be sited in or have impact upon the Town. The Committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the Town Council or until such time as a siting or impact agreement is reached in accordance with Chapter 19.7 of Title 23 of the General Laws of Rhode Island, as amended.
• (2) Powers and duties. The powers and duties of the Local Assessment Committee shall be those set forth in Chapter 19.7 of Title 23 of the General Laws of Rhode Island and all amendments thereto.
• (3) Ratification. No siting or impact agreement negotiated by the Local Assessment Committee shall be binding upon or enforceable against the Town until such agreement is ratified by the Town Council.