2008-0420
INTRODUCED BY: V.J. ST. PIERRE, JR.
(DEPARTMENT OF PLANNING AND ZONING)
ORDINANCE NO. 08-10-9
Title
An ordinance to amend the Zoning Ordinance of 1981, Ordinance No. 81-10-6, adopted October 19, 1981 to change the definition of and the approval process for landfills.
Body
WHEREAS, Ordinance No. 81-10-6 (adopted October 19, 1981) provides a definition and approval process for sanitary landfills which was consistent with the state regulations at the time of adoption; and,
WHEREAS, Since 1981, the state regulations for defining and approving various types of landfills has changed dramatically; and,
WHEREAS, The St Charles Parish Zoning Ordinance No. 81-10-6 has not been modified to reflect the changes in the state law with respect to landfill definitions and operational procedures; and,
WHEREAS, It is in the public interest to maintain regulations that are current and consistent with state environmental regulations.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the St. Charles Parish Code, Appendix A, Zoning Ordinance, Section III. Definitions is hereby amended to add the following:
38.1 Landfill: As defined by the Louisiana Administrative Code Section (LAC 33:VII. Subpart I. Section 115) and generally defined by Types of Facilities as follows:
Type I Facility - a facility used for disposing of industrial solid wastes. Any Type I Facilities shall only be allowed as an accessory use to an approved Industrial Facility.
Type II Facility - a facility used for disposing of residential and/or commercial solid waste.
Type III Facility - a facility used for disposing or processing of construction/demolition debris or woodwaste, composting organic waste to produce a usable material, or separating recyclable wastes. As per LAC 33: VII Subpart I. Section 115, construction/demolition debris is further defined as: non-hazardous waste generally considered not water-soluble that is produced in the process of construction, remodeling, repair, renovation, or demolition of structures, including buildings of all types (both residential and nonresidential). Solid waste that is not C&D debris (even if resulting from the construction, remodeling, repair, renovation, or demolition of structures) includes, but is not limited to, regulated asbestos-containing material (RACM) as defined in LAC 33:III.5151.B, white goods, creosote-treated lumber, and any other item not an integral part of the structure.
SECTION II. That the St. Charles Parish Code, Appendix A, Zoning Ordinance, Section III. Definitions is hereby amended to delete the following:
61. Sanitary landfill: Sanitary landfill is a disposal method in which non-toxic waste products are placed on or in the land, compacted to reduce their volume, and covered with a suitable containing material usually soil as prescribed by this Ordinance.
(1) Type II and Type III Landfills, upon review and approval of the Planning Commission and supporting Resolution of the Parish Council:
a. Permit Required. Notwithstanding any other provisions of this Ordinance no landfill shall hereafter be constructed, enlarged, altered, or placed into operation until a special permit use for said landfill has been heard by the Planning and Zoning Commission and then approved by ordinance of the Parish Council.
(1) The Commission shall schedule and hold a public hearing to consider the application. The Department of Planning and Zoning shall post a sign on the affected property which calls attention to the public hearing at least ten (10) days prior to that hearing date. All applications will be advertised at least three (3) times in the official journal of the Parish on three (3) separate and at least fifteen (15) days shall elapse between the first publication and the date of the hearing. All property owners
within five hundred (500) feet of the subject property shall be notified by certified mail of the public hearing.
(2) The Special Permit Use shall be valid for a period of one calendar year. If after one calendar year, the applicant has not received a permit by LDEQ, the applicant shall file a new Special Permit Use application if an extension is needed.
(3) A completed application form and three sets of the required supplemental application requirements data as set forth in the following section:
(a) The site plan shall show: the area dedicated to the landfill; identify the total site acreage and amount of acreage that will be used for processing and disposal; show all vehicular access points to the site; identify and buffer areas; describe any landscaping, or fencing proposed.
(b) A drainage plan prepared by a Louisiana licensed engineer shall be submitted to the parish. At a minimum, the plan shall show the drainage-flow patterns, show all major drainage systems and indicate the point of discharge. The Parish Engineer may require additional drainage information.
(c) If located in a floodplain, it must be demonstrated that the facility will not restrict the flow of the 100-year base flood or significantly reduce the temporary water-storage ability of the floodplain integrity.
(d) The types, maximum quantities (wet tons/week), and sources (percentage of the on-site or off-site generated waste to be received) of the waste to be processed or disposed by the facility.
(e) Identify the geographic area to be serviced by the facility.
(f) Indicate the days of operation per week and hours per day.
(g) Identify the maximum expected height of the waste pile.
(h) Describe provisions that will be employed to control dust, litter and odor.
(i) Provide the projected year of final closure and include a discussion of the long-term use of the facility after closure as anticipated.
(j)The site shall be screened with fencing, planting or other methods as approved, to block onsite views from the public. A landscape/screening plan shall be submitted with the Special Permit Use application and approved by the Planning Commission.
(4) Additional Procedural Requirements
(a) Provide the Planning Department a copy of the official order to proceed issued by the LDEQ.
(b) Upon issuance of the permit by the Louisiana Department of Environmental Quality (LDEQ), a copy shall be submitted to the Planning Department. This includes all permits issued by the LDEQ to the site. (i.e., waste, water, air, etc.). The permit shall include the final approved site plan by LDEQ. This shall also include any necessary federal or state approvals from agencies other than LDEQ.
(c) The owner shall submit to the parish's planning department a copy of the solid waste annual report that is submitted to the LDEQ, Office of Management and Finance. The report shall be submitted to the planning department on August 1st of each year.
(5) The Parish Planning and Zoning Department, Planning Commission and/or the Parish Council may require additional data where deemed necessary before taking final action or issuing a permit. Conditions of approval may be placed on the Special Permit Use by either the Planning Commission or the Parish Council.
SECTION IV. To delete Appendix A, Section X.E
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2008, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN: _____________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________