(A) The County Commissioners, upon the recommendation of the Hazardous and Low-Level Radioactive Waste Board, may specify conditions of granting a permit, as will, in their opinion, assure that the facility in its proposed location will meet the findings required in § 51.17(H). The Commissioners also may specify the level of liability insurance that the facility operator must have in excess of levels required herein. All such specified conditions shall be entered in the minutes of the meeting at which the permit request is approved. All specified conditions shall run with the permit and shall also be binding on the original applicants, their heirs, successors, and assigns. Any noncompliance with the specified conditions constitutes violation of this chapter and may invalidate the permit.
(B) The County Commissioners may limit or restrict the amounts and types of wastes entering the proposed site, may limit or restrict the type of treatment, handling, and/or disposal activities, or may require additional treatment or handling of the waste(s) before entering, leaving, or being disposed of on the site.
(C) In addition to conditions regarding the appropriateness of the proposed waste management scheme to the nature of the waste(s) handled, certain other conditions must be met by the proposed waste management facility. These include but are not limited to:
(1) Low-level radioactive waste and hazardous waste shall not be stored in the same facility;
(2) No two waste management facilities, either hazardous or low-level radioactive waste management facilities, shall adjoin, and no more than one facility of either type shall be located per township with the exception of on-site storage and/or treatment at the point of generation; and
(3) All wastes, hazardous or low-level radioactive, placed into any form of storage shall be retrievable and identifiable using best management practices.
(D) In addition to such restrictions as may be imposed pursuant to divisions (A), (B), and (C) above, the County Commissioners shall address the factors set out in divisions (D)(1) through (21) below and may impose such conditions on the permit as to the Commissioners shall seem appropriate, including by way of illustration only the conditions set forth below each of the factors.
(1) Contaminant flow period to water table.
(a) Leachate monitoring, collection, and withdrawal.
(b) Clay and synthetic liners; extra thickness, multiple liner.
(c) Spill prevention and containment measures.
(2) Contaminant movement with groundwater.
(a) Groundwater monitoring systems at site and in potentially affected areas.
(b) Subsurface “slurry wall” barriers.
(c) Controls on groundwater withdrawals in area.
(3) Predictability of contaminant movement. Additional preconstruction soil borings and groundwater modeling.
(4) Potential effect on surface water.
(a) Collection systems for surface water runoff.
(b) Liability insurance.
(5) Potential effect on aquifers.
(a) Provision of alternate water supply system.
(b) Liability insurance.
(c) County monitoring and inspection at applicant’s expense, both on-site and in potentially affected areas.
(d) Contingency plan for sudden or non-sudden spills and an impact of cleanup on the environment.
(6) Potential effect on (other).
(a) Special runoff collection and treatment.
(b) Provision of alternate water supply system.
(7) Possibility of site flooding.
(a) Special facility design.
(b) Special control dikes.
(c) Special liability insurance.
(d) Buffer zone setback in area of standard project flood area.
(8) Potential human exposure to treated wastewater.
(a) Oversized or redundant treatment capacity.
(b) Effluent monitoring and automatic shut-down systems.
(c) Liability insurance.
(9) Nature and predictability movement.
(a) Increased stack height.
(b) Modeling of groundwater movement.
(10) Potential human exposure to air pollution.
(a) Additional, oversized, or redundant pollution control equipment.
(b) Increased stack heights.
(c) Special combustion monitoring and automatic shutdown systems.
(d) Special air monitoring arrangement.
(11) Safety of transportation route.
(a) Evacuation plans and training.
(b) Transportation re-routing.
(c) Access road construction.
(d) Training of emergency fire and medical personnel.
(e) Truck safety features.
(12) Distance between sensitive sites and transportation route. Relocation of schools or other sensitive facilities.
(13) Potential for noise impact.
(a) Limitation on hours for delivery.
(b) Muffler installation.
(14) Potential for impact on environmentally significant lands. Monitoring and protection of environmentally significant lands.
(15) Proximity to residential areas or sensitive sites.
(a) Purchase of buffer zones adjacent lands.
(b) Reduction or limitation in facility size.
(c) Distance limitation between facilities.
(16) Compatibility with existing land uses.
(a) Orientation and layout of site plans.
(b) Buffer zone setback from use area to facility owner’s exterior property line referred to as a minimum interior buffer setback.
(c) Aesthetic design of facility and landscaping.
(d) Volume reduction requirements.
(e) Regular reporting of types and volume of waste handled.
(17) Compatibility. Compatibility with land use plans.
(18) Property value. Potential effect on property value.
(19) Impact on existing economic activity.
(a) Tax base expansion.
(b) Privilege license tax.
(20) Potential for earthquake activity.
(a) Special facility design.
(b) Evacuation plans.
(21) Inspection and monitoring. Employees and agents of the county have the right at any time to go on the premises for purposes of inspection and monitoring.
(22) Impact on historical and archeological sites. Historical and archeological resources should be protected and preserved.
(1996 Code, § 51.23) (Ord. passed 10-5-1987)