Subject: 9875 Hazardous Waste/Without Special Permit Date: Wed, 27 Jan 1993 10:44:00 -0500 ORDINANCE NO. 9875 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED, KNOWN AS THE ZONING ORDINANCE, SO AS TO AMEND ARTICLE V, SECTION 1001 (4) AND TO ADD ARTICLE XV RELATIVE TO THE REGULATION OF COMMERCIAL HAZARDOUS WASTE AND COMMERCIAL MEDICAL WASTE MANAGEMENT FACILITIES. ________________________ WHEREAS, a Hazardous Waste Task Force has been created as a joint effort of the Chattanooga and Hamilton County governments; AND WHEREAS, the Task Force has prepared a proposed ordinance amendment for the purpose of regulating the location of Commercial Hazardous Waste Management Facilities and Commercial Medical Waste Management Facilities; AND WHEREAS, the Chattanooga-Hamilton County Regional Planning Commission has reviewed the proposed amendment at a public hearing. 0C NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Ordinance No. 6958, as amended, the Zoning Ordinance, be and the same is hereby amended as follows: SECTION 1. That Article V, Section 1001 (4) be amended by adding additional language as follows: 1001 (4) except that Commercial Hazardous Waste Management Facilities or Commercial Medical Waste Management Facilities shall also be subject to the provisions of Article XV of this ordinance. SECTION 2. That Article XV be added as follows: Article XV. HAZARDOUS WASTE REGULATIONS: 100. INTENT STATEMENT: It is the purpose of this Article to establish reasonable regulation of all commercial hazardous waste management facilities and commercial medical waste facilities (as defined in this Ordinance) relative to appropriateness of location and method of operation in order to minimize the impact on the community adjacent to and surrounding such uses and to assure and maintain the public safety and general welfare. This basic purpose can and should be achieved without precluding or discouraging the following objectives: (1) encourage innovation and the use of new technologies for waste minimization, storage and disposal (2) increase collaborative activities among area industries which have common environmental concerns, and (3) facilitate access to international markets for products and technologies related to the environment while at the same time giving due concern for the environment, health and safety of the citizens of Hamilton County and all municipalities contained therein. It is the further intent of the City to encourage the recycling, reclamation, and reuse of materials so as to remove such materials from the solid and hazardous waste stream. To this end, the City encourages the state and federal governments to revise their rules and regulations to encourage such recycling, reclamation and reuse, after which the City shall consider similar revisions. 101. DEFINITIONS: (1) Commercial Hazardous Waste Management Facility: any hazardous waste management facility proposed for a new site or through a change of operations at an existing site within this jurisdiction that stores, treats (including incineration) or disposes of hazardous waste of which more than twenty-five (25%) by volume was generated off-site during either six-month period January 1 through June 30 or July 1 through December 31 in any calendar year, with the percentage to be the percent of the amount generated on site at the receiving facility during the corresponding time period of the preceding calendar year. (2) Generate: the act or process of producing hazardous wastes or medical wastes. (3) Off-Site: any property that is not classified as on-site by these regulations. (4) On-Site: on the site of generation. "On-site" further means the same or geographically contiguous property which may be divided by public or private right(s)-of-way. Noncontiguous property owned by the hazardous waste generator that is connected by a right-of-way which such hazardous waste generator controls and to which the public does not have access is also considered on-site property. (5) Hazardous Waste: a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical chemical, or infectious characteristics may-- (a) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (6) Commercial Medical Waste Management Facility: any medical waste management facility proposed for a new site or through a change of operations at an existing site within this jurisdiction used for treatment (including incineration), storage or disposal of any medical waste generated off-site, except that a facility that receives medical waste that is generated only at a site or sites owned or operated by the same corporation, or subsidiaries of such corporation, or sites under contract to such corporation for medical wastes generated by the corporation shall not be deemed to be a commercial medical waste management facility provided that the volume of medical waste received from such sites and placed in storage for more than one calendar month does not exceed twenty-five percent (25%) of the storage capacity at the designated accumulation area of the facility, referred to at the definition of "storage" in Title 40 CFR 259.10(a), Revised as of July 1, 1991, regarding Standards for the Tracking and Management of Medical Waste, and identified as required in Article XV, Section 102 of this zoning ordinance, and provided that during no calendar month may more than twenty-five percent (25%) of the total medical waste treated or disposed at the facility be from such sites, and the facility shall maintain records available for public inspection for two (2) years to demonstrate compliance. (7) Medical Waste: solid or liquid wastes which contain pathogens with sufficient virulence and quantity such that exposure to the waste by a susceptible host could result in an infectious disease. All of the following types of wastes shall be considered to be medical wastes for the purposes of these regulations: (a) Biological wastes and discarded materials contaminated with blood, excretion, exudates, or secretions from patients who are isolated to protect others from certain highly communicable diseases, or isolated animals known to be infected with highly communicable diseases; and (b) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures; and (c) Human pathological wastes, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and their containers; and (d) Liquid waste human blood; products of blood; items saturated and/or dripping with human blood; or items that were saturated and/or dripping with human blood that are now caked with dried human blood; including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis or the development of pharmaceuticals; and intravenous bags; and (e) Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips; and (f) Contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals), production of biologicals or testing of pharmaceuticals; and (g) The following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel blades. (8) Storage: holding hazardous waste or medical waste for a period of more than ninety (90) days, at the end of which the hazardous waste or medical waste is treated, disposed of, or stored elsewhere. A commercial hazardous waste management facility or a commercial medical waste management facility shall not be subject to the ninety days restriction for the purposes of this definition and these zoning regulations if it either: (A) Generates more than 100 kilograms and less than 1000 kilograms of hazardous waste or medical waste in a calendar month; and the quantity of waste accumulated on-site never exceeds 6000 kilograms; and the facility has complied with all other applicable provisions of 40 CFR 262.34(d), in which case accumulation on-site would constitute "storage" after 180 days. 09 In addition, if such a facility must transport its hazardous waste or medical waste or offer them for transportation over a distance of 200 miles or more for off-site treatment, storage or disposal then accumulation on-site would constitute "storage" after 270 days; or (B) Generates less than 100 kilograms of hazardous waste or medical waste in a calendar month; and generates one (1) kilogram or less of acute hazardous wastes listed in 40 CFR 261.31, 261.32, or 261.33(e); and generates 100 kilograms or less of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous wastes listed in 40 CFR 261.31, 261.32, or 261.33(e); and the quantity of hazardous or medical waste accumulated on-site never exceeds 1000 kilograms; and the facility has complied with all other applicable provisions of 40 CFR 261.5, in which case accumulation on-site could continue indefinitely at a facility that is not otherwise a "commercial hazardous waste facility" or a "commercial medical waste facility" for the purposes of these zoning regulations. (9) Construction: in general, initiation of physical on-site construction activities on a management unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in the method of operation this term refers to those on-site activities, other than preparation activities, which mark the initiation of the change. (10) 100-Year Floodplain: any land area which is subject to a one percent or greater chance of flooding in any given year from any source as defined in 44 Code of Federal Regulations Part 67, Final Flood Elevation Determinations and as effective on the date of issuance of the Flood Insurance Rate Map showing the 100-year flood elevations for the community. (11) 500-Year Floodplain: any land area which is subject to a two tenths chance in one hundred (one chance in five hundred) of being flooded in any one-year period as shown on the Flood Insurance Rate Map or the Flood Hazard Boundary Map. (12) Flood Hazard Boundary Map: an official map of a community, issued by the Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard have been designated. For the purposes of these regulations, the floodplains identified by FEMA in its Flood Boundary and Floodway Maps Numbers 470072 0001, 0002, 0016, 0017, 0018, 0019, 0022, 0023, 0024, 0025, 0029 and 0030 and Map Index to Numbers 470072 0001-0030 dated September 6, 1989. At least one copy of each map has been filed in the office of the city building inspector at least fifteen (15) days prior to adoption of these amendments to the Chattanooga Zoning Ordinance for public use, inspection and examination. (13) Flood Insurance Rate Map: an official map of a community, on which the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. For the purposes of these regulations, the floodplains identified by FEMA in its Flood Insurance Rate Maps Numbers 470072 0026B and 0027B dated October 16, 1992; and Numbers 470072 0001D, 0002D, 0016D, 0017D, 0018D, 0019D, 0022D, 0023D, 0024D, 0025D, 0029D, 0030D dated September 6, 1989; and Numbers 470072 0004A, 0005A, 0007A, 0008A, 0009A, 0010A, 0012A, 0014A, 0020A dated September 3, 1980; Numbers 470072 0006B, 0011B, 0015B, 0021B dated October 22, 1982; Numbers 470072 0028C dated November 1, 1985; Numbers 470071 0025D, 0043D, 0044D, 0127D, 0130D, 0135D, 0150D,0155D, 0160D, 0175D, 0200D, 0210D, 0220D, 0230D, 0235D, 0240D and 0255D dated September 6, 1989, and Numbers 470076 0001B and 0002B dated September 5, 1990; and Numbers 475422 0001B, 0002B, 0003B, and 0004B dated March 19, 1990; and Numbers 475445 0005B and 0010B dated June 1, 1983; and Number 475424 0010D dated August 1, 1983. At least one copy of each map has been filed in the office of the city builing inspector at least fifteen (15) days prior to adoption of these amendments to the Chattanooga Zoning Ordinance for public use, inspection and examination. (14) Bedrock: the solid rock underlying unconsolidated surface material such as soil. (15) Fault: a fracture along which strata on one side have been displaced with respect to that on the other, as shown on the East Central Sheet, Geologic Map of Tennessee, 1966, William D. Hardeman, State Geologist, compiled and edited by George D. Swingle, Robert A. Miller, Edward T. Luther, William D. Hardeman, Donald S. Fullerton, C. Ronald Sykes, and R. Keith Garman. At least one (1) copy of this map has been filed in the office of the city building inspector at least fifteen (15) days prior to adoption of these amendments to the Chattanooga Zoning Ordinance for public use, inspection and examination. (16) Thrust Fault: a reverse fault in which the dip of the fault plane is at a low angle to horizontal and in which the hanging wall block (or upper plate) may have overridden the footwall block (or lower plate). (17) Hanging Wall Block: the overlying surface of an inclined fault plane. (18) Footwall Block: the underlying surface of an inclined fault plane. (19) Sinkhole: a hollow in a limestone region in which drainage collects that communicates with a cavern or passage. (20) Private Water Supply: all water supplies that are not public water supplies and which are primary drinking water sources. (21) Public Water Supply: a system that supplies to the public piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days of the year. (22) Scenic, Cultural or Recreational Area: parks, forests, recreational areas, natural areas, museums, and wildlife management areas owned and/or operated by the Federal, State, and or local government (or agencies created by such government); sites included on the National Register of Historic Places established by the United States Department of Interior or forwarded for consideration for National Register listing to the United States Department of Interior by the Tennessee State Historical Commission State Review Board. (23) Unit: a contiguous area of land on or in which hazardous or medical waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed. (24) Land-Based Unit: a unit subject to regulations promulgated by the Tennessee Department of Environment and Conservation Division of Solid Waste including surface impoundments, landfills, waste piles, land treatment units, and hazardous waste management units. Units exempt from groundwater monitoring correction requirements under regulations promulgated by the Tennessee Department of Environment and Conservation Division of Solid Waste and covered indoor waste piles in compliance with regulations promulgated by the Tennessee Department of Environment and Conservation Division of Solid Waste are considered non-land-based units. (25) Non-Land-Based Unit: an incinerator, tank and its associated piping and underlying containment system, or container storage area, hazardous waste management units and other similar units that are not subject to regulations for land-based units promulgated by the Tennessee Department of Environment and Conservation Division of Solid Waste. (26) Unstable Area: a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of a commercial hazardous waste or medical waste treatment or storage facility's structural components responsible for preventing releases, including: (a) subsidence prone areas (i.e., areas subject to the lowering or collapse of the land surface either locally or over broad regional areas); (b) areas susceptible to mass movement (i.e., where the downslope movement of soil and rock under gravitational influence occurs); (c) areas with weak and unstable soils (e.g., soils that lose their ability to support foundations as a result of expansion or shrinkage). (27) Wetlands: lands which have hydric soils and a dominance (fifty percent [50%] or more of stem count based on communities) of obligate hydrophytes. They include the following generic types: (a) Fresh water meadows; (b) Shallow fresh water marshes; (c) Shrub swamps with semipermanent water regimes most of the year; (d) Wooded swamps or forested wetlands; (e) Open fresh water except farm ponds; and (f) Bogs. 102. Identification of Storage Areas A new or rebuilt facility, or an expanded portion of an existing facility, or any facility which changes its operations, proposed for use as a "commercial medical waste management facility", as defined in these zoning regulations notwithstanding the exclusions within the definition, shall be required, in both its building permit application prior to construction or reconstruction and in any required installation permit at the Chattanooga-Hamilton County Air Pollution Control Bureau, to identify in writing on its building and operating plans any and all portions of the proposed facility or portion of an existing facility through a change in operations or expanded portion of an existing facility proposed for "storage", as defined in these zoning regulations notwith- standing the exclusions within the definition. Such identi- fication of storage areas shall include the total cubic footage designated for accumulation of medical wastes at the "commercial medical waste management facility", as defined in these zoning regulations notwithstanding the exclusions within the definition. 103. Prohibited Uses No commercial hazardous waste management facility or commercial medical waste management facility unit shall be allowed to be constructed within any 500-year floodplain identified on a Flood Hazard Boundary Map or a Flood Insurance Rate Map. This restriction shall also apply to any facility that meets the definition of "commercial hazardous waste management facility" or "commercial medical waste management facility" through a change in operations that does not involve constructing or reconstructing a building, so that such facility may not operate a commercial hazardous waste management facility or a commercial medical waste management facility within any 500-year floodplain identified on a Flood Hazard Boundary Map or a Flood Insurance Rate Map. Any construction, alteration, repair, reconstruction, or improvement to a commercial hazardous waste management facility or commercial medical waste management facility on which the start of construction was begun after the effective date of these regulations shall meet all applicable requirements for new construction as contained in these regulations, except as provided in the next sentence. Any commercial hazardous waste management facility unit or commercial medical waste management facility unit in existence prior to the effective date of this requirement that is hereafter damaged by any means to an extent of more than fifty percent (50%) of its assessed value may be reconstructed and used as before only if it is rebuilt in a manner that complies with all requirements in effect on the date the rebuilding commences and operates in that rebuilt portion of the unit in a manner that complies with all requirements in effect on the date that operation commences in the rebuilt commercial hazardous waste management facility unit or commercial medical waste management facility unit. In addition, the following requirements must be met: (A) The reconstruction must not exceed the volume and external dimensions of the original structure or offer any greater obstruction to the flow of flood waters within the 500-year floodplain than did the original structure; and (B) The lowest floor elevation (including basement) must be above the level of the 500-year flood plain or the structure must be floodproofed to a height above the level of the 500-year floodplain. Floodproofing measures shall be in accordance with the watertight performance standards of the publication Flood-Proofed Regulations prepared by the Office of the Chief of U.S. Army Corps of Engineers, Washington, D.C. dated March 31, 1992, which is hereby incorporated by reference as if fully set forth herein. One (1) copy of this document has been filed in the office of the city clerk at least fifteen (15) days prior to adoption of these amendments to the Chattanooga Zoning Ordinance for public use, inspection and examination; and (C) The reconstruction must commence within twelve (12) months after the damage first occurs, and the reconstruction must completed within twenty-four (24) months after the damage first occurs. In the event of fire, flood, labor dispute, epidemic, abnormal weather conditions or acts of God, the reconstruction commencement time period and/or the reconstruction completion period will be extended in an amount equal to time lost due to delays beyond the control of the owner or operator of the facility subject to this requirement. These requirements also apply to any commercial hazardous waste management or commercial medical waste management facility unit in existence prior to the effective date of these regulations that proposes to expand after the effective date of these regulations to the expanded portion of the facility. These requirements also apply to any commercial hazardous waste management or commercial medical waste management facility unit which is built subsequent to the adoption of these zoning regulations and thereafter damaged by any means to an extent of more than fifty percent (50%) of its assessed value. These requirements also apply to any facility that meets the definition of "commercial hazardous waste management facility" or "commercial medical waste management facility" through a change in operations that does not involve constructing or reconstructing a building, which is thereafter damaged by any means to an extent of more than fifty percent (50%) of its assessed value. 104. Proximity of Commercial Hazardous Waste or Commercial Medical Waste Management Facilities to Other Uses All distances are to be measured from the "unit" as defined in this zoning ordinance to the nearest point of the property boundary line of the other land use. I. GROUNDWATER AND PUBLIC DRINKING WATER SUPPLIES (A) No commercial hazardous waste or commercial medical waste management facility unit shall be located within 2000 feet horizontally of a public drinking water supply well or public water supply intake point in a river, spring, lake, pond or reservoir, or within 1000 feet horizontally of a private drinking water supply well or private water supply intake point in a river, spring, lake, pond or reservoir. (B) A commercial hazardous waste or commercial medical waste management facility unit shall not be constructed on a wetland or a sinkhole, nor drain into a sinkhole or into a wetland, and shall comply with all requirements necessary to obtain a National Pollution Discharge Elimination System (NPDES) permit. (C) No commercial hazardous waste or commercial medical waste management facility unit shall be located within an area where the depth to the seasonally high water table in the uppermost saturated zone will rise to within five (5) feet of the ground surface. (D) No commercial hazardous waste or commercial medical waste management facility unit at which hazardous or medical wastes are stored or treated below ground (e.g. underground tank, surface impoundment) shall be located or constructed in such a manner that the bottom of the liner system or secondary containment system is closer than ten (10) feet from the uppermost saturation area. (E) Vertical Buffer Zones (1) Commercial hazardous waste or commercial medical waste management facility land-based units shall be located and constructed such that there is, between the bottom of the unit's liner system and the seasonably high groundwater elevation in the uppermost saturated zone underlying the unit a buffer layer of natural and/or emplaced soil meeting one of the following descriptions: (a) Ten (10) feet thick, with a saturated hydraulic conductivity of 1 x 10-5 centimeters/second, or (b) Five (5) feet thick, with a saturated hydraulic conductivity of 1 x 10-6 centimeters/second. (2) Commercial hazardous waste or commercial medical waste management facility non-land-based units shall be located and constructed such that there is, between the bottom of the unit's secondary containment system and the seasonably high water elevation in the uppermost saturated zone underlying the unit, a buffer layer of natural and/or emplaced soil meeting one of the following descriptions: (a) Four feet thick, with a saturated hydraulic conductivity of 1 x 10-5 centimeters/ second, or (b) Two feet thick, with a saturated hydraulic conductivity of 1 x 10-6 centimeters/ second, or (c) A buffer layer of other material, mechanically separate from the secondary containment system which will provide protection to fluid movement equivalent or superior to E.2.(a) or (b). (3) Hydraulic conductivity measurements are to be measured by the ASTM D5084 soil permeability test. (4) No commercial hazardous waste or commercial medical waste management facility unit or on-site access road to it shall be located within an area on the hanging wall block of a thrust fault line such that a vertical line as determined by a plumb line drilled by core drill to a depth of two hundred (200) feet will intersect a fault plane. II. COUNTY SEPTIC TANK PUMPER PERMANENT DUMPING SITES No commercial hazardous waste or commercial medical waste management facility unit shall be located within 1000 feet of any septic tank pumper permanent dumping site authorized by the Chattanooga-Hamilton County Health Department Rules and Regulations governing subsurface sewage disposal, including open-air disposal of septic tank effluent through land absorption. III. SCENIC, CULTURAL AND RECREATIONAL AREAS No commercial hazardous waste or commercial medical waste management facility unit shall be located within, or within 500 feet of, a scenic, cultural or recreational area in existence on the date a completed building permit application is submitted. IV. STRUCTURES To minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of surrounding areas, the following minimum separation distances shall be required of any commercial hazardous waste or commercial medical waste management facility unit: (a) It shall not be located within 2000 feet of existing schools, hospitals, or day care centers, residences or residential zones. (b) It shall not be located within 200 feet of any commercial buildings, other than those which are part of the facility. (c) It shall not be located within 1000 feet of existing churches and non-commercial buildings, other than those which are part of the facility. (d) A commercial hazardous waste management facility or commercial medical waste management facility unit shall not be located within 200 feet of the facility's property boundaries. (e) It shall not be located within 2000 feet of an existing commercial hazardous waste management facility or commercial medical waste management facility unit or site specifically designated as a superfund site by either state or federal regulations provided, this restriction does not apply to a site which is temporarily used to ameliorate an adjacent site. (f) Except for the purposes of Structures.(d)., distance measurements shall be from the nearest point in a property line of a parcel containing the non-hazardous or non-medical waste management facility use to the nearest point of the "unit" as defined in this zoning ordinance. V. UNSTABLE AREAS No commercial hazardous or medical waste management facility unit shall be located or constructed in an unstable area. 105. EXCEPTIONS The following solid wastes are not hazardous wastes: A. Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused. "Household waste" means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas). A resource recovery facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this definition, if such facility: (a) Receives and burns only (1) Household waste (from single and multiple dwellings, hotels, motels, and other residential sources) and (2) Solid waste from commercial or industrial sources that does not contain hazardous waste; and (b) Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility. B. Solid wastes generated by any of the following and which are returned to the soils as fertilizers: (1) The growing and harvesting of agricultural crops. (2) The raising of animals, including animal manures. C. Mining overburden returned to the mine site. D. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste, generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 Code of Federal Regulations 266.112 for facilities that burn or process hazardous waste. E. Drilling fluids, produced waters, and other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal energy. F. Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in Title 40 Code of Federal Regulations Part 261, subpart D due to the presence of chromium which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that: (a) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and (b) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and (c) The waste is typically and frequently managed in non-oxidizing environments. G. Specific wastes which meet the standard in Section 105F (a), (b), and (c) (so long as they do not fail the test for Toxicity Characteristic, and do not fail the test for any other characteristic) are: (a) Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retain/wet finish; no beamhouse; through-the-blue; and shearling. (b) Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (c) Buffing dust generated by the following subcategories of the leather tanning and finishing industry: hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; no beamhouse; through-the-blue. (d) Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (e) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/ retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. (f) Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome-tan/ retan/wet finish; and through-the blue. (g) Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries. (h) Wastewater treatment sludges from the production of TiO2 pigment using chromium-bearing ores by the chloride process. H. Solid waste from the extraction, beneficiation, and rocessing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 40 Code of Federal Regulations 266.112 for facilities that burn or process hazardous waste. For purposes of 40 CFR 261.4(b)(7), beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution, crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting, autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving) and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ton exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purpose of 40 CFR 261.4(b(7), solid waste from the processing of ores and minerals includes only the following wastes: (1) Slag from primary copper processing; (2) Slag from primary lead processing; (3) Red and brown muds from bauxite refining; (4) Phosphogypsum from phosphoric acid production; (5) Slag from elemental phosphorus production; (6) Gasifier ash from coal gasification; (7) Process wastewater from coal gasification; (8) Calcium sulfate wastewater treatment plant sludge from primary copper processing; (9) Slag tailings from primary copper processing; (10) Fluorogypsym from hydrofluoric acid production; (11) Process wastewater from hydrofluoric acid production; (12) Air pollution control dust/sludge from iron blast furnaces; (13) Iron blast furnace slag; (14) Treated residue from roasting/leaching of chrome ore; (15) Process wastewater from primary magnesium processing by anhydrous process; (16) Process wastewater from phosphoric acid production; (17) Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production; (18) Basic oxygen furnace and open hearth furnace slag from carbon steel production; (19) Chloride process waste solids from titanium tetrachloride production; (20) Slag from primary zinc processing. I. Cement kiln dust waste, except as provided by 40 CFR 266.112 for facilities that burn or process hazardous waste. J. Solid waste which consists of discarded wood or wood products which fails the test for the Toxicity Characteristic solely for arsenic and which is not a hazardous waste for any other reason or reasons, if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use. K. Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic of 40 CFR 261.24 (Hazardous Waste Codes D018 through D042 only) and are subject to the corrective action regulations under 40 CFR 280. L. Injected groundwater that is hazardous only because it exhibits the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) in 40 CFR 261.24 that is reinjected through an underground injection well pursuant to free phase hydrocarbon recovery operations undertaken at petroleum refineries, petroleum marketing terminals, petroleum bulk plants, petroleum pipelines, and petroleum transportation spill sites until January 25, 1993. This extension applies to recovery operations in existence, or for which contracts have been issued, on or before March 25, 1991. For groundwater returned through infiltration galleries from such operations at petroleum refineries, marketing terminals, and bulk plants, until January 1, 1993. New operations involving injection wells (beginning after March 25, 1991) will qualify for this compliance date extension (until January 25, 1993) only if: (1) Operations are performed pursuant to a written state agreement that includes a provision to assess the groundwater and the need for further remediation once the free phase recovery is completed; and (2) A copy of the written agreement has been submitted to: Characteristics Section (OS-333), U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. M. Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use. N. Used oil that exhibits one or more of the characteristics of hazardous waste but is recycled in some other manner than being burned for energy recovery. O. Any waste from any facility sited within Hamilton County, which waste is excluded from Title 40 Code of Federal Regulations Part 261.3 or the lists of hazardous wastes in Title 40 Code of Federal Regulations Part 261, Subpart D, by the United States Environmental Protection Agency pursuant to Title 40 Code of Federal Regulations Part 260.20 or Part 260.22 and published in either the Federal Register or in Title 40 Code of Federal Regulations Part 261, Appendix IX, or in both. (2) For purposes of this definition and these zoning regulations, "solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 33 U.S.C. 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923)[42 U.S.C.A. Section 2011 et. seq.]. (3) The following materials are not solid wastes for the purpose of this definition: (a) Domestic sewage and any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for treatment. "Domestic sewage" means untreated sanitary wastes that pass through a sewer system. (b) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the Clean Water Act, as amended. This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment. (c) Irrigation return flows. (d) Source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et.seq. (e) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process. (f) Pulping liquors (i.e. black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in 40 Code of Federal Regulations 261.1(c). (g) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in 40 Code of Federal Regulations 261.1(c). (h) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided: (1) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance; (2) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators); (3) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and (4) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal. (i) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose; and wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood. (j) When used as a fuel, coke and coal tar from the iron and steel industry that contains or is produced from decanter tank tar sludge, EPA Hazardous Waste K087. The process of producing coke and coal tar from such decanter tank tar sludge in a coke oven is likewise excluded from regulation. (k) Materials that are reclaimed from solid waste and that are used beneficially are not solid wastes and hence are not hazardous waste unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal. (4) A facility that reclaims materials that are used beneficially as provided in Section 105(3) (k) from solid waste it created is not a commerial hazardous waste management facility for the purpose of this Ordinance, unless that facility also stores or disposes of hazardous waste of which more than twenty-five percent (25%) by volume was generated off-site during either six-month period January 1 through June 30 or July 1 through December 31 in any calendar year, with the percentage to be the percent of the amount generated on-site at the receiving facility during the corresponding time period of the preceding calendar year. 106. ZONING REQUIREMENTS: Commercial Hazardous Management Facilities and Commercial Medical Waste Management Facilities shall be permitted only in the M-1 Manufacturing Zone subject to the requirements of the M-1 Zone and the provisions of Article XV. 107. BUILDING PERMIT APPLICATION REQUIREMENTS: Application for a building permit shall be accompanied by a site plan indicating method and hours of operation, building and structure location and function, extent and nature of all screening and buffer areas, type and volume of waste materials, proximity to waterways and drainage characteristics, location and type of surrounding land use. Additional information, if required, shall be submitted upon request by the Chief Building official. 108. SEVERABILITY: If any provision of these zoning regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these zoning regulations which can be given effect without the invalid provision or application, and to that end the provisions of these zoning regulations are declared to be severable. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two weeks from and after its passage as provided by law. PASSED on Third and Final Reading May 11, 1993 s/s____________________________ CHAIRPERSON APPROVED: X DISAPPROVED:_____ DATE: May 14, 1993 s/s____________________________ MAYOR RHRH:meb