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Home My WebLink About06 90 ORDINANCE NO.6-90 AN ORDINANCE AMENDING THE JEFFERSON COUNTY DEVELOPMENT CODE WHEREAS, Jefferson County has adopted the Development Code, Ordinance 3-89; and Jefferson County WHEREAS, the State Hazardous Waste Management Act, Chapter 70.105 Revised Code of Washington mandates the legislative authority of the county to designate areas in which hazardous waste treatment and storage facilities are allowed; and WHEREAS, the Planning Commission has studied, conducted public hearings, reviewed and recommended certain amendments to Sections 2.20 Definitions, 3.40 Exemptions, and 6.30 Industrial Development of the Jefferson County Development Code, NOW THEREFORE BE IT ORDAINED: SECTION I 2.20 Definitions Add: Hazardous Substance: Any liquid, solid, gas, sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under RCW 70.105. Add: Hazardous Waste: All dangerous and extremely hazardous waste as defined below: Dangerous Waste: Any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: (a) Have short-lived, toxic properties that may cause death, injury, or illness or have mutagenic, teratogenic, or carcinogenic properties; or (b) Are corrosive, explosive, flammable, or may generate pressure through decomposition or other means. Extremely Hazardous Waste: Any dangerous waste which: (a) Will persist in a hazardous form for several years or more at a disposal site and which in its persistent form (i) presen ts a signi fi can t environmen tal hazard and may be concentrated by living organisms through a food chain or may affect the genetic make-up of man or wildlife, and (ii) is highly toxic to man or wildlife (b) Is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. Add: Hazardous Waste Treatment and Storage Facilities: Facilities which treat and/or store hazardous wastes through such means as containers (barrels, drums), above ground and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste treatment and storage facilities are those facilities which require an interim or final status permit pursuant to Dangerous Waste Regulations, Chapter 173-303-240 WAC. These regulations apply to hazardous waste generators who generate 2.2 pounds or more of extremely hazardous waste per month or 220 pounds or more of dangerous waste per month. Criteria for the siting of Dangerous Waste Management Facilities, as adopted by the State of Washington, shall be used as guidelines in the siting of Hazardous Waste and Treatment Storage Facilities. Hazardous waste treatment and storage facilities are further defined as: On-Site Facilities: Facilities where hazardous wastes are treated and/or stored on the same site as a legally established use which processes or handles hazardous substances. Provided that centralized facilities utilized by resource industries and natural resource agencies for the treatment and storage of hazardous wastes which were processed or handled in remote locations shall be considered on-site facilities. On- site facilities shall be considered as accessory uses. Off-Site Facilities: Facilities which treat and store hazardous wastes from generators located on properties other than those on which the off-site facilities are located. Off-site facilities shall be considered heavy industry pursuant to Section 6.30 herein. SECTION II Amend 3.40 Exemptions 15. Any grading, filling or excavation of land, except within the area governed by the Jefferson-Port Townsend Shoreline Management Master Program or those sub3ect to surface mining permit, or for the purpose of creation of a hazardous waste treatment and storaqe facility. SECTION III Amend 6.310 Industrial Development 2. Utilize five (5) acres or less of land for on-site requirements except for use as an off-site hazardous waste treatment and storaqe facility. SECTION IV SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance or amendment thereto, or its application to any person or circumstances, is held invalid, the remainder or application to other persons or circumstances shall not be affected. SECTION V EFFECTIVE DATE. This ordinance shall be of full force and effect immediately upon passage. DA~T~E~D"i~IS~ /~DAY OF OCTOBER, 1990. ~,,.,.':. . ~ ~' , / Lorna L. Delaney, Clerk of the Board COOEREV. PH 'GeOrge 'c.~~own, Chai-rman B. G. Brown, Member -Deh~i~n, Member- AMENDMENT TO THE JEFFERSON COUNTY DEVELOPMENT CODE PROPOSAL Amend Sections 2.20 Definition, 3.40 Exemptions, and 6.30 Industrial Development of the Jefferson County Development Code in order to comply with the provisions of the State Hazardous Waste Management Act, Chapter 70.105 Revised Code of Washington, as enacted by the State Legislature. The Act requires County and other local governments to designate land use zones in which hazardous waste treatment and storage facilities are allowed. FINDINGS The Jefferson County Development Code: An Ordinance Implementing the Jefferson County Comprehensive Plan (Ordinance 3/89) constitutes an official control and establishes a uniform set of development standards for industrial, commercial and multi-family projects. Amendments to the text of the Development Code are subject to the procedures established in the State Planning Enabling Act, Chapter 36.70 Revised Code of Washington. A public hearing was scheduled by the Jefferson County Planning Commission for Wednesday, September 5, 1990 at ?:00 p.m. in the basement floor conference room of the Jefferson County Courthouse in Port Townsend, Washington. Public notice of the hearing was made by publishing legal notice in the August 22, 1990 edition of the Port Townsend-Jefferson County Leader· The full text of the proposed amendments to the Development Code were published. The Jefferson County Comprehensive Plan and most of the Community Plans contain policies addressing off-site hazardous waste treatment and storage facilities including the effects of industrial/manufacturing uses on adjacent properties. CONCLUSIONS The amendments as proposed will comply with the requirements of the State Hazardous Waste Management Act by: Defining hazardous substance, hazardous waste, dangerous waste and extremely hazardous waste. Defining on-site and off-site hazardous waste treatment and storage facilities. Providing a process for permitting off-site hazardous waste treatment and storage facilities as a conditional use under the review process and development standards of the Jefferson County Development Code. Recognizing facilities where hazardous wastes are treated and/or stored on the same site as a legally established accessory use. Recognizing centralized facilities utilized by resource industries and natural resource agencies for the treatment and storage of hazardous wastes which were processed or handled in remote locations as on-site facilities. RECOMMENDATIONS The Planning and Building Department has recommended approval of the amendments to the Jefferson county Development Code. The Jefferson County Planning Commission adopts the foregoing Findings and Conclusions and recommends amendment to the Jefferson County Development Code as per Attachment 1 to the Jefferson County Board of Commissioners. Passed and Adopted this -) day of 1990 Count_~~nnin mmission Jefferson ~_~__~.~~ ,. Sam Swanson, Chairman S~tary plan\hazardous .amd ATTACHMENT 1 The proposed text revisions are as follows: 1. Section 2.20 Definitions Add: Hazardous Substance: Any liquid, solid, gas, sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as described in rules adopted under. ROW 70.105. Add: Hazardous Waste: All dangerous and extremely hazardous waste as defined below: Dan.qerous waste: Any discarded, useless, unwanted, or abandoned nonradioactive substances, including but not iimited to certain pesticides, or any residues or containers of such substances which are disposed of such quantity or concentration as to pose a substantia~ hazard to human health, wildlife, or the environmenl 'because such wastes or constituents or combinations of such wastes: ~ Have short-lived, toxic properties that may cause dea th, injury, or muta_cenic, teratogenic, or carcino.Geniq properties; or (b) Are corrosive, explosive, flammable, or may ,qenerate pressure throu.qh decomposition other means. Extremely Hazardous Waste: Any dangerous waste which: _(a) Will Persist in a hazardous form for several years or more at a disposal site and which its persistent form .~{i) presents a !si.qnificant environmental hazard and may be concentrated by liviny organisms through a food chain or may affect the .qenetic make-up of man or wildlife, and .(ii). is highly toxic to man or wildlife {b)_ Is disposed of at a disposal site in such quantities as would present an extreme hazard to man or the environment. Add: Hazardous Waste Treatment and Storage Facilities: Facilities which treat and/or store hazardous wastes through such means as containers (barrels, drums), above ground and underground tanks, and waste piles and surface impoundments that will be cleaned up and not closed as landfills. Hazardous waste treatment and storage facilities are those facilities which require an interim or final status permit pursuant to Dangerous Waste Regulations, Chapter 1 75-$05~£40 WAC. These regulations apply to hazardous waste generators who generate £.2 pounds or more of extremely hazardous waste per month or ££0 pounds or more of dangerous waste per month. Criteria for the sitinq of Danqerous Waste Manaqement Facilitiest as adopted by the State of Washingtont shall be used as quidelines in the sitinq of Hazardous Waste and Treatment Storaqe Facilities. Hazardous waste treatment and storage facilities are further defined as: On-Site Facilities: Facilities where hazardous wastes are treated and/or stored on the same site as a legaliy established use which processes or handles hazardous substances· Provided that centralized facilities utilized by resource industries and natural resource agencies for the treatment and storage of hazardous wastes which were processed or handled in remote locations shali be considered on-site facilities. On- site facilities shall be considered as accessory uses. Off-Site Facilities: Facilities which treat and store hazardous wastes from generators located on properties other than those on which the off-site facilities are' located. Off-site facilities shall be considered heavy industry pursuant to Section 6.30 herein. Sect$on 3.40 Exempt$ons Amend: 15. Any grading, filling or excavation of land, except within the area governed by the Jefferson-Port Townsend Shoreline Management Master Program or those subject to surface mining permit, or for the purpose of creation of a hazardous waste treatment and storage facility. Section 6.30 Industrial Development Amend: 2. Utilize five (5) acres or less of land for on-site requirements except for use as an off-site hazardous waste treatment and storage facility.