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(1) The owner/operator shall file with its petition for site approval a facility impact report which shall include the following: an Environmental Impact Report; a Socio-Economic Report; and a Risk Assessment. Each such facility impact report shall be in typewritten form and shall address issues and matters as hereinafter set out.
(2) The owner/operator shall publish notice of the availability of the facility impact report for examination and review at the Office of the Metro Council Clerk, such notice to be included in the public notice required in § 120.17 of this chapter with respect to the petition for site approval.
(B) Contents of facility impact report.
(1) The Facility Impact Report shall contain a Socio-Economic Report which shall include a comprehensive community inventory which shall identify the following:
(a) The historical land use of the facility site;
(b) Proximity of the facility site to residences, schools, churches, public parks, agricultural land, nursing homes, hospitals, cemeteries, historic structures and infant care facilities;
(c) A general profile of the business community located in the vicinity of the facility site, including commercial port facilities;
(d) Streets, highways and transportation facilities information including capacity and usage;
(e) Cultural resources;
(f) Population data and trends for the county and the vicinity of the facility site; and
(g) A statement as to the impact on the community, including community perception, direct and indirect impact on the local economy and economic growth, and an analysis of the impact on land values in the vicinity of the facility site.
(2) The facility impact report shall contain an environmental impact report which shall identify existing environmental conditions in the vicinity of the facility site, such report to include, at a minimum:
(a) A description of the soil types to include soil permeability, stability and drainage, and the geology down through and including the aquifer zones in the area;
(b) The hydrology and surface and groundwater quantity and quality in the area, including proximity to any aquifers and recharge areas and sensitive areas such as wetlands;
(c) Proximity to public and private surface or groundwater supplies, including current and potential future uses;
(d) The presence of significant, threatened or endangered species;
(e) Air quality, including the characteristics (stability) of the atmosphere which affects the site and the population, present and projected, in relation to the facility and the prevailing wind;
(f) Floodplain identification; and
(g) Historic, archeological and natural sites and landmarks, outstanding resource waters, public forest areas, dedicated or designated open space, public recreational areas, wildlife refuges and gamelands.
(3) To the extent the data and information included in subsection (B) of this section of a hazardous waste site or facility application as required by the provisions of Title 401, Chapter 38, Sections 90 through 210 of the Kentucky Administrative Regulations, sets forth the information required by subsection (B)(2), the owner/operator may submit a true and verified copy of subsection (B) of this section of the particular permit application submitted or to be submitted to the Kentucky Environmental and Public Protection Cabinet, with respect to the facility.
(4) The facility impact report shall include a risk assessment which shall quantitatively define the public health, safety and environmental risk associated with routine operations and upset conditions at the facility site. The scope and context of the impacts on the community will vary depending upon the nature, size, duration and extent of the activity to be conducted at the facility site. The risk assessment shall analyze those items as identified by the Metro Council, which shall include the following:
(a) Risks associated with accidents in transportation, such analysis to include mode of transport, route, schedule and frequency of deliveries, accident rate of mode and route, and the characteristics of structures and population, residential and nonresidential, within the reasonably predicted impact area;
(b) Nature, extent, quantity and impacts of routine releases to air, water, land from all sources at the facility site, including chemical transfer storage, handling or destruction;
(c) Nature, extent, quantity and impacts of releases to air, water, land in upset conditions, including both historical data from comparable facilities and modeling reasonable worst case upset conditions;
(d) Projections on possible health effects from emissions, and the probabilities that measurable changes will occur, with particular emphasis on occupational health, public health, chronic and acute exposure, and the identification of principal direct and indirect pathways for human exposure;
(e) Adequacy of emergency services (police, fire, medical) to protect public health, safety and environment from fire, explosion, flood, chemical release or any natural disaster, including emergency response capability and the owner/ operator's emergency implementation plan; and
(f) Adequacy of transportation system in the event of emergency, including an evacuation plan.
(1994 Jeff. Code, § 120.19) (Jeff. Ord. 26-1988, adopted and effective 10-25-1988; Lou. Metro Am. Ord. No. 165-2005, approved 10-18-2005) Penalty, see § 120.99