A. Purpose: The purpose of this section is to mitigate the aesthetic and environmental impacts while minimizing potential damage to essential public facilities from hazardous liquids or materials transmission pipelines by:
1. Minimizing the likelihood of inadvertent or accidental damage from and to hazardous liquids or materials transmission pipelines due to external forces, such as construction activity, by ensuring early communication between those developing property and hazardous liquids or materials transmission pipeline operators.
2. Minimizing the risk of injury or damage to essential public facilities in the event of a hazardous liquids or materials transmission pipeline failure.
3. Mitigating potential adverse aesthetic impacts from the siting, construction, operation, and maintenance of a hazardous liquids or materials transmission pipeline.
4. Ensuring adequate protection of the environment in the event of a hazardous liquids or materials transmission pipeline failure.
5. Ensuring there is adequate protection of existing hazardous liquids or materials transmission pipelines from damage.
6. Limiting the exposure of land uses with on site populations that are difficult to evacuate, as well as land uses that serve emergency functions from the effects of a pipeline failure.
7. Supplementing existing federal and state regulations related to transmission pipeline corridor management.
B. Applicability: Regulations in this section apply to all proposed pipelines. Applications to install hazardous liquids or materials transmission pipelines shall be processed as conditional uses in all zone districts. To the extent any regulations within this section conflict with state or federal regulations or laws regulating hazardous liquids or materials transmission pipelines, those state or federal regulations and laws shall take precedence over these regulations. The county adopts by reference the definitions set forth in the hazardous liquid pipeline safety act of 1979, as amended, and recodified in 49 USC 601 and 49 CFR 190-199.
C. Definitions:
ESSENTIAL PUBLIC FACILITIES: Those public facilities which are required in order to provide basic health and safety services to residents and visitors of Summit County, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.
HAZARDOUS LIQUIDS OR MATERIALS: Any hazardous or toxic waste, substance or material, including petroleum, petroleum products, and anhydrous ammonia as defined by the comprehensive environmental response, compensation and liability act, 42 USCA section 9601 et seq.; the hazardous materials transportation act, 49 USCA section 5101 et seq.; the resource conservation and recovery act, 42 USCA section 6901 et seq.; the toxic substances control act, 15 USCA section 2601 et seq.; the federal water pollution control act, 33 USCA section 1251 et seq.; the hazardous liquid pipeline safety act, 49 USCA section 60101 et seq.; the Utah safe drinking water act, Utah Code Annotated section 19-4-101 et seq.; the Utah water quality act, Utah Code Annotated section 19-5-101 et seq.; the Utah solid and hazardous waste act, Utah Code Annotated section 19-6-101 et seq.; 49 CFR 195.2, and any successor state or federal environmental laws which define hazardous substances. Hazardous material, without limiting the scope of the foregoing, shall include, without limitation, hazardous liquids as defined by 49 CFR part 195.2, but shall not include natural gas, including liquefied natural gas.
HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINE CORRIDOR OR TRANSMISSION PIPELINE CORRIDOR: The pipeline pathway defined by rights of way and easements in which the pipelines and facilities of a hazardous liquids or materials transmission pipeline are located, including rights of way and easements over and through public or private property.
HAZARDOUS LIQUIDS OR MATERIALS TRANSMISSION PIPELINE OR TRANSMISSION PIPELINE: A pipeline, whether above or below ground, which transports or is designed to transport hazardous liquids or materials. As used herein, a transmission pipeline includes all parts of those physical facilities through which hazardous material moves in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances. A hazardous liquids or materials transmission pipeline includes a "hazardous liquid pipeline" as defined in section 13-1-2 of this code.
HIGH CONSEQUENCE LAND USE: A land use that if located in the vicinity of a hazardous materials transmission pipeline represents an unusually high risk to life in the event of a transmission pipeline failure due to the characteristics of the inhabitants or functions of the use. High consequence land uses include:
1. Commercial childcare;
2. Houses of worship, including churches and other religious institutions;
3. Hospitals;
4. Residential care facilities;
5. Institutional uses including private schools and public or quasi-public buildings; and
6. Essential public facilities.
JURISDICTIONAL WETLANDS: An area delineated and approved as a wetland by the United States army corps of engineers consistent with Utah Code Annotated section 17-27a-520.
MANMADE OR NATURAL RESERVOIR: A natural or artificial water body where water is collected and stored for use.
QUASI-PUBLIC BUILDINGS: Buildings that are open to the general public.
SOURCE PROTECTION ZONE: The surface water source protection zones designated as water source protection zone 1, zone 2, and/or zone 3, as set forth in title 4, chapter 6 of this code.
TRANSMISSION PIPELINE OPERATOR: The company or person responsible for the operation, maintenance and management of the transmission pipeline.
D. Development Standards For The Construction Of New Hazardous Liquids Or Materials Transmission Pipelines:
1. Hazardous Liquids Or Materials Transmission Pipeline Corridor: A fifty foot (50') easement or right of way (or such other widths as shall be approved and accepted by the director and county engineer for any given property along the course of the transmission pipeline, based upon individual topographical and/or site condition requirements) shall be recorded in the office of the Summit County recorder for all new hazardous liquids or materials transmission pipelines.
2. Setbacks: In order to mitigate the aesthetic and environmental impacts of hazardous liquids or materials transmission pipelines, while minimizing potential damage or interruption to essential public facilities caused by transmission pipelines, the following setbacks shall be observed:
a. Except as set forth in subsection D3 of this section or unless approved by the county engineer as part of the conditional use permit process, where adequate mitigation measures have been demonstrated by the applicant to the satisfaction of the county engineer, hazardous liquids or materials transmission pipeline corridors shall not be located closer than two thousand five hundred feet (2,500') in zone 1, one thousand feet (1,000') in zone 2, and five hundred feet (500') in zone 3, from East Canyon Creek and any other water sources as set forth in an established source protection zone. However, conditions such as slope and terrain may require additional mitigation as identified in the conditional use permit process.
b. Except as set forth in subsection D3 of this section, hazardous liquids or materials transmission pipelines shall not be located closer than one hundred feet (100') from: 1) any jurisdictional wetland, and 2) any year round naturally occurring creek, stream, river, private or public well, or pond unless approved by the county engineer as part of the conditional use permit process where adequate mitigation measures have been demonstrated by the applicant.
c. An aboveground hazardous liquids or materials transmission pipeline facility or appurtenance shall not be located closer than one thousand feet (1,000') from any high consequence land use structure or essential public facility structure, unless otherwise approved by the county engineer based upon independent modeling.
3. Basis Of Conditional Use Permits: Crossings of jurisdictional wetlands, year round naturally occurring creeks, streams, ponds, East Canyon Creek and any other water sources as set forth in an established source protection zone, or manmade or natural reservoirs may be allowed as part of the conditional use permit process, on the following basis:
a. Open cut trench excavation of jurisdictional wetlands, and year round naturally occurring creeks, streams, rivers or ponds (except for the East Canyon Creek, Weber River, and the Provo River) based upon the best engineering practices is permitted at the discretion of the county engineer. However, if in the opinion of the county engineer, circumstances warrant, horizontal directional drilling or jack and bore construction methods as set forth in subsection D3b of this section may be required.
b. Crossing of East Canyon Creek and any other water sources as set forth in an established source protection zone, unless otherwise approved by the county engineer, shall be by horizontal directional drilling or jack and bore construction methods. Jack and bore sending and receiving pits must be located outside of the 10-year frequency storm limits and/or the required clearance distances from the thalweg, whichever is greater, and must have the approval of the FEMA floodplain administrator if within the one percent (1%) chance annual floodplain (100-year storm). Directional drilling pits shall be constructed well beyond the top of the bank. A soils engineering report and/or engineering geology report may be required at the discretion of the county engineer. Armoring of the pipeline may be required as determined by hydraulic modeling and approved by the county engineer. The consultant designing the crossing shall assure proper depth of utility to prevent exposure from localized scouring caused by improvements in the stream corridor. Applicant shall coordinate with the local floodplain administrator to determine appropriate scour protection depths. Pipeline minimum depth is ten feet (10') under channel grade to the top of the pipeline.
c. County engineer shall review the engineering spill analysis and associated hydraulic reports and may require additional isolation valves immediately adjacent to both sides of jurisdictional wetlands, year round naturally occurring creeks, streams, ponds, rivers, East Canyon Creek and any other water sources as set forth in an established source protection zone, or manmade or natural reservoir crossings in order to minimize spills or leaks.
4. Design Techniques: Every effort shall be made so that pipeline related equipment enclosures and other structures are appropriately designed to mitigate their visual impact on the natural environment. This may include the incorporation of stealth design techniques and/or other visual screening methods as approved by the director.
a. In the event that it becomes necessary for a hazardous liquids or materials transmission pipeline to traverse a hillside or natural grade slope of greater than thirty percent (30%), adequate mitigation shall be required to ensure the alignment is sensitively sited so as to encourage stabilization of the disturbed slopes, minimize excavation, and the conservation of the natural appearance and grade of the hillside. The transmission pipeline alignment shall be integrated into the site, using topography, vegetation and other reasonable techniques, in a manner that causes it to blend into the hillside. (Ord. 827-A, 1-7-2015)