(A) Recordkeeping. The owner or operator of the hazardous waste facilities shall keep adequate records or manifests such that the type and amount of waste materials on site or in transport within the jurisdiction of the Town of Liberty can be determined at all times. These records or manifests shall be available for inspection, upon request, by any official or representative of the town so designated by the Town Council of the Town of Liberty.
(B) Protection from waste discharge. Adequate safeguards shall be provided to ensure that no discharge of waste materials harmful to human health or the environment will occur. These safeguards shall include at least the following:
(1) All storage containers, storage yards, loading facilities, building or structures containing hazardous waste materials shall be located no closer than 100 feet from any exterior property line.
(2) Facilities, including transporting vehicles, must be designed, constructed, maintained, and operated to minimize the possibility of a fire or explosion, or any unplanned sudden or non-sudden release of hazardous waste materials to air, soil, or surface water which could threaten human health or the environment.
(3) Prior to any storage of hazardous waste material, dikes or other structures shall be constructed such that all surface spills or discharges of hazardous waste material will be contained on site.
(4) The owner or operator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility.
(5) The petitioner shall agree that contingency plans will be developed upon receipt of special use permit and submitted to the Town of Liberty before operation of the facility begins. These plans must describe the actions to be taken by local officials and emergency and safety departments in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste materials to air, soil, or surface water at the facility or while the hazardous waste materials are in transport within the jurisdiction of the Town of Liberty.
(C) Odors and particulates. No obnoxious odors or particulate matter from the hazardous waste facilities shall be discernible on adjoining properties.
(D) Off-site transport. As a prerequisite to the approval of a special use permit, the Town Council of the Town of Liberty shall find that the use of the proposed facility will not endanger the safety of residential or other properties in the area, and that vehicular access to the storage or transferring facility will be provided from major thoroughfares and will not require the use of residential streets for access to the site.
(E) Inspection. The owner or operator of the hazardous waste facility shall allow authorized officials or representatives of the Town of Liberty access to the site and all facilities at any time and without prior notice. The purpose of such inspection shall only be to check for compliance with the provisions of the special use permit.
(F) Monitoring. In the event of any assumed or actual accidental discharge of hazardous waste the petitioner shall agree to pay the cost of all monitoring and analyses of air, soil and surface or subsurface water quality as may be deemed necessary by the Town Council to protect human health and the environment. The monitoring may take place on- and/or off-site and shall be conducted by a certified laboratory which has no association with either the Town of Liberty or the petitioner.
(G) Insurance requirement. The owners of said hazardous waste facility shall provide evidence that they have adequate liability insurance to cover the cost of all clean-up which may become necessary as the result of any spill or discharge of hazardous wastes either during storage, transferring or transporting within the jurisdiction of the Town of Liberty.
(H) Required buffers. Where a hazardous waste facility abuts a lot in a residential district or land occupied by any residential use permitted by this subchapter, there shall be provided and maintained along said property line, a continuous visual buffer. The buffer shall be a compact evergreen hedge or other type of evergreen foliage screening, or shall be a combined fence and shrubbery screen, the latter facing the residential use.
(Ord. passed 5-24-1982) Penalty, see § 55.99