(A) The Advisory Board may recommend, and the Board of Commissioners may impose, specified conditions on issuing a permit, as will, in its opinion, assure that the facility in its proposed location will meet the findings required in § 91.06(H). All such specified conditions shall be entered in the minutes of the meeting at which the permit is issued. All specified conditions shall run with the permit and shall be binding on the original applicants, their heirs, successors, and assigns, as long as the land is used for the permitted use. Any noncompliance with the specified conditions shall invalidate the permit and constitute violation of this subchapter. The factors that shall be addressed for inclusion of specified conditions shall include, but not be limited to, rows 1 through 20 in the table below. Possible conditions are listed to the right of the factor considered but only by way of example and not by way of limitation.
Row | Factors | Possible Conditions |
Row | Factors | Possible Conditions |
1 | Contaminant flow period to water table | Leachate monitoring, collection, and withdrawal systems |
Clay and synthetic liners; extra thickness, multiple liner | ||
Spill prevention and containment measures | ||
2 | Contaminant movement with groundwater | Groundwater monitoring systems at site and in potentially affected areas |
Subsurface slurry wall barriers | ||
Controls on groundwater withdrawals in area | ||
3 | Predictability of contaminant movement | Additional preconstruction soil borings and groundwater modeling |
4 | Potential effect on surface water | Collection systems for surface water runoff |
Liability insurance | ||
5 | Potential effect on aquifer | Provision of alternate water supply system |
Liability insurance | ||
County monitoring and inspection at applicant’s expense, both on site and in potentially affected areas | ||
County right of access to monitoring equipment and sites by easements | ||
Contingency plan for sudden or non-sudden spills and an impact of clean-up on the environment | ||
Liability insurance | ||
6 | Potential effect on public water supplies | Special runoff collection and treatment |
Provision of alternate water supply system | ||
7 | Possibility of site flooding | Special facility design |
Special control dikes | ||
Special liability insurance | ||
Buffer zone setback in area of standard project flood area | ||
8 | Potential human exposure to treated wastewater | Oversized or redundant treatment capacity |
Effluent monitoring and automatic shutdown systems | ||
Liability insurance | ||
9 | Nature and predictability of pollutant movement | Increased stack height |
Modeling of groundwater movement | ||
10 | Potential human exposure to air pollution | Additional, oversized, or redundant pollution control equipment |
Increased stack heights | ||
Special combustion monitoring and automatic shutdown systems | ||
Special air monitoring arrangement | ||
11 | Safety of transportation route | Evacuation plans and training |
Transportation re-routing | ||
Access road construction | ||
Training of emergency fire and medical personnel | ||
Truck safety features | ||
12 | Distance between sensitive sites and transportation route | Relocation of schools for other sensitive facilities |
13 | Potential for noise impact | Limitation on hours for delivery |
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 | Purchase of buffer zones on adjacent lands |
Reduction or limitation in facility size | ||
Distance limitation between similar facilities | ||
16 | Compatibility with existing land uses | Orientation and layout of site plans |
Buffer zone setback from use area to facility owner’s exterior property line referred to as a minimum interior buffer setback | ||
Aesthetic design of facility and landscaping | ||
Volume reduction requirements | ||
Regular reporting of types and volume of waste handled | ||
17 | Compatibility with land use plans | |
18 | Potential effect on property value | |
19 | Impact on existing or future economic activity | Tax base expansion |
Privilege license tax | ||
20 | Potential for earthquake activity | Special facility design |
Evacuation plans | ||
21 | Inspection and monitoring | Employees and agents of the county shall have the right at any time to go on the premises for purposes of inspection and monitoring |
(B) (1) The Board of Commissioners may restrict or limit the amounts and types of wastes entering the proposed site, may limit or restrict the type of treatment, handling, and disposal activities, or may require additional treatment or handling of waste before entering, leaving, or being disposed of on the site.
(2) In addition to conditions regarding the appropriateness of the proposed waste management scheme to the nature of the waste handled, certain other conditions must be met by the proposed waste management facility. These include, but are not limited to:
(a) Low-level radioactive waste and hazardous waste shall not be disposed of at the same facility;
(b) 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 nor shall a facility be located within ten miles of a public water supply, school, hospital, nursing home, or other facility, with the exception of on-site storage and treatment at the point of generation; and/or
(c) All wastes, whether hazardous or low-level radioactive, placed into any form of storage shall be retrievable and identifiable using best management practices.
(Ord. passed 6-4-1984) Penalty, see § 91.99