CHAPTER 17.64: CONDITIONAL USE PERMIT FOR WASTE INCINERATORS
Section
17.64.030 Application and approval procedures
17.64.040 Conditions for approval
17.64.060 General standards for approval
17.64.070 Standards governing medical waste incinerators
17.64.080 Standards for nonmedical waste incinerators
17.64.100 Amendment of conditional use permit
17.64.110 Applicant’s continuing responsibilities
17.64.120 Transfer of a conditional use permit
17.64.130 Termination of a conditional use permit
17.64.140 Violations, enforcement, and penalties
17.64.010 INTENT.
(A) The intent of this chapter is to designate incinerators and medical waste incinerators as industrial uses, to regulate the siting of these facilities, and to set standards to ensure the safe operation of all incinerators. Siting of new medical waste incinerators and other incinerators shall be allowed only where compatible with existing land uses, and where they do not endanger the public health, safety and welfare, and do not pose a threat to the natural or human environment.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.020 APPLICABILITY.
(A) This chapter applies in all areas of the borough except where the use is prohibited by ordinance within a special land use district. Where a special land use district regulates incinerators or medical waste incinerators as a conditional use, the granting of a conditional use permit shall require compliance with the conditions of this section. Where this section is in conflict with the conditional use permit conditions of the special land use district, the most restrictive conditions shall apply.
(B) This section does not apply within the cities of Houston, Palmer, or Wasilla.
(C) This chapter shall not apply to fireplaces, wood stoves, or wood pellet stoves used for building heating purposes, nor shall it apply to barrels used for burning garbage, yard waste, and other household-type wastes typically generated by a residence or small business.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.030 APPLICATION AND APPROVAL PROCEDURES.
(A) An application for a conditional use permit for a new incinerator or medical waste incinerator, or modification of an existing permit, may be initiated by a property owner or the owner’s authorized agent. The applicant shall complete a form provided by the planning department and file it with the director. The application shall be accompanied by the filing fee in the amount established by the assembly. The filing fee is to be made payable to the Matanuska-Susitna Borough.
(B) The application shall include documentation that the applicant has met the requirements of MSB 17.64.060 and 17.64.070 if applying for a medical waste incinerator permit, or MSB 17.64.080 if applying for a nonmedical waste incinerator permit.
(C) The director may reject any application that is incomplete or fails to meet the documentation requirements of subsection (B) of this section. The rejection shall be in writing and shall state the deficient items. Once the deficiencies are corrected, the application shall be accepted.
(D) A public hearing before the planning commission shall be scheduled within 60 days of the acceptance of a complete application. The applicant may waive the 60-day limit.
(E) The planning commission shall hear any interested parties and shall render a decision on the application for a conditional use permit within 30 days from the date of public hearing. In recommending the granting of a conditional use permit, the planning commission shall state in writing the conditions of approval of the permit.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.040 CONDITIONS FOR APPROVAL.
(A) In addition to the requirements of this section, the planning commission may require additional conditions and safeguards for a permit including, but not limited to:
(1) ensuring that structures and areas proposed are arranged and screened in such a manner to decrease visual impact such as requiring obscuring fencing or landscaping;
(2) increasing setback or buffering dimensions;
(3) increasing lot size requirements;
(4) limiting height of buildings or structures;
(5) controlling the number and location of vehicular access points;
(6) increasing or decreasing the number of parking spaces as well as designating the location, screening, drainage, surfacing or other improvements of the proposed parking area;
(7) limiting hours of operation;
(8) providing additional containment and contingency planning for safe management or storage of hazardous substances, hazardous wastes, and explosion/combustion hazards or other wastes;
(9) providing for additional control of runoff from the facility to ensure water quality is maintained in lakes, streams, wetlands, and groundwater; and
(10) adding additional requirements necessary to protect public health, safety, or welfare.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.050 APPROVAL PROCESS.
(A) Construction. Prior to any construction of an incinerator or a medical waste incinerator, the applicant shall obtain planning commission approval of the conditional use permit. Prior to commencement of operation of the incinerator or a medical waste incinerator, the applicant shall obtain an operating certification as defined in MSB 17.64.050(B).
(B) Operating certificate. The operator or owner of any incinerator or a medical waste incinerator which has been granted a conditional use permit under this chapter shall obtain an operating certificate prior to commencing operation. The operating certificate shall be issued upon filing and acceptance of the following documents with the planning department:
(1) an as-built survey of the property stamped with the seal of a surveyor licensed to practice in the state of Alaska;
(2) a certificate of completion from a licensed professional engineer that the facility has been constructed in compliance with the requirements of the conditional use permit; and
(3) copies of all current, valid inspection reports, permits, or letters of nonobjection from state and federal agencies, including but not limited to the Alaska State Department of Environmental Conservation and the United States Environmental Protection Agency.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.060 GENERAL STANDARDS FOR APPROVAL.
(A) Minimum property size. No incinerator or medical waste incinerator shall be constructed on a lot of less than 10 acres.
(B) Flood hazard. No conditional use permit shall be granted to a proposed incinerator or medical waste incinerator which is located in a specially designated flood hazard area, as shown on the National Flood Insurance Rate Maps or in supplemented information.
(C) Proximity to other structures. No conditional use permit shall be granted for a proposed incinerator or medical waste incinerator which is located within one-half mile of an existing residential structure, group home, community care facility, or other residential facility. No conditional use permit shall be granted for a proposed incinerator or medical waste incinerator which is located within one mile of a school, day care facility, or other similar use.
(D) Vehicle access. All parking and vehicle access areas to the incinerator or medical waste incinerator and areas surrounding the incinerator shall be constructed with an approved hard surface to allow access for emergency vehicles during all seasons.
(E) Insurance. The applicant shall provide a certificate of general liability insurance with limits not less than $1,000,000 per occurrence/$2,000,000 aggregate, which insurance shall insure liability for bodily injury and property damage. The certificate of insurance shall include 30 days’ notice of cancellation to the borough. The borough shall be named on the applicant’s general liability policy as an additional insured and the applicant shall waive their rights of subrogation against the borough. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit period.
(F) All applications for a conditional use permit for an incinerator or a medical waste incinerator shall provide documentation showing compliance with the following:
(1) a copy of the deed to the property showing any recorded covenants or restrictions on use of the property;
(2) a written statement signed by the owner of the property consenting to the construction and operation of the incinerator or medical waste incinerator;
(3) a narrative description of the size, operation, projected volume, type of materials (medical, non-medical) to be incinerated, capacity of incinerator equipment, projected traffic count, and the type and specifications of equipment to be used for incineration purposes;
(4) a general narrative description of the site topography, geology, surface hydrology, and groundwater hydrology prepared and certified by a professional engineer;
(5) a detailed site plan drawn to scale showing the location of all buildings and structures on the site, access points, visual screening, buffering, drainage, snow storage and disposal sites, vehicular and pedestrian circulation patterns, and parking areas. The site plan shall show all setbacks and easements and vehicular egress and shall provide adequate egress and access for emergency vehicles. The site plan shall show the location of all paved areas and a plan for drainage on the property;
(6) a statement of which federal and state permits are required for operation of the facility, and steps the applicant has taken toward obtaining the permits;
(7) a statement of compliance with the Alaska Coastal Management Program, AS 46.40. If applicable, a completed coastal project questionnaire required by 6 AAC 50.070;
(8) a statement of compliance with the noise standards of MSB 17.61.080 if the incinerator or medical waste incinerator is located in the core area as defined in the official core area comprehensive plan and its amendments;
(9) a traffic impact analysis pursuant to MSB 17.61.050(D), if the incinerator or medical waste incinerator is located in the core area;
(10) a waste disposal plan for ash and other by-products of incineration, sterilization, or decontamination which has been approved by the facility designated to accept the waste;
(11) an employee safety training plan including emergency response preparedness;
(12) a fire safety plan;
(13) a plan for storage of waste on-site which meets state and federal standards applicable to the composition of the waste; and
(14) a plan for closure or decommissioning of the facility.
(G) Notwithstanding the minimum property size requirement in subsection (A) of this section, if the owner or operator of an incinerator or medical waste incinerator which was operational prior to the enactment of this chapter applies for a conditional use permit, the commission may waive the 10-acre requirement if the property is at least seven acres in size.
(H) Notwithstanding the proximity to other structures requirement in subsection (C) of this section, if the owner or operator of an incinerator or medical waste incinerator which was operational prior to the enactment of this chapter applies for a conditional use permit, the commission may in its discretion waive the proximity requirements if it finds that the preexisting nonconforming use would not endanger the safety or health of adjacent residents or present an environmental risk to adjacent uses.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.070 STANDARDS GOVERNING MEDICAL WASTE INCINERATORS.
(A) In addition to the requirements of MSB 17.64.060, all applicants for a medical waste incinerator permit shall submit:
(1) documentation of compliance with EPA 40 CFR 60.50c; and
(2) a training plan for employees in the handling and disposal of medical waste and medical sharps.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.080 STANDARDS FOR NONMEDICAL WASTE INCINERATORS.
(A) In addition to the requirements of MSB 17.64.060, all applicants for an incinerator designed to treat five tons or more of waste per day shall submit a permit issued by the Alaska State Department of Environmental Conservation pursuant to 18 AAC 60.215.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.090 NONCONFORMING USES.
(A) Medical waste incinerators and incinerators which are operational at the effective date of the adoption of this chapter shall be governed by the provisions of MSB 17.60.200.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.100 AMENDMENT OF CONDITIONAL USE PERMIT.
(A) A conditional use permit may be amended by application to the department and approval by the planning commission. The applicant shall provide the department an update of all information required in the original permit, shall describe the proposed changes in detail, and shall provide copies of any additional state and federal permits which the amendments may require. The notice and hearing provisions of this chapter shall apply to an amendment of the permit.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.110 APPLICANT’S CONTINUING RESPONSIBILITIES.
(A) The permittee shall provide the planning director with written notification of any changes to current valid permits.
(B) The permittee shall submit current proof of insurance to the planning director on an annual basis.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.120 TRANSFER OF A CONDITIONAL USE PERMIT.
(A) A permit may be transferred subject to the conditions of MSB 17.60.180.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.130 TERMINATION OF A CONDITIONAL USE PERMIT.
(A) A permit shall terminate under this chapter subject to the conditions in MSB 17.60.190.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.140 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Violations of this chapter are infractions. The provisions of MSB 17.60.215 shall apply to the penalties and enforcement of this chapter. Any violation of a state or federal statute or regulation associated with the operation of an incinerator permitted under this chapter shall be considered a violation of this chapter.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.150 APPEAL PROCEDURES.
(A) The provisions of MSB 15.39 govern appeals from a decision of the planning commission granting, denying, modifying, or revoking a conditional use permit under this chapter. The provisions of MSB 15.39 govern an appeal of a planning department enforcement action or decision.
(Ord. 04-187(AM), § 2 (part), 2004)
17.64.160 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
• “Autoclave” means a device used to treat medical waste through the use of heat, steam, and pressure within a chamber.
• “Incinerator” means a device used for the thermal oxidation of garbage or other wastes, other than a wood-fired heating device, including an air-curtain incinerator, burning waste other than clean lumber, wood wastes, or yard wastes.
• “Medical waste” means any waste generated in the diagnosis, treatment, or immunization of human beings or animals; laboratory waste consisting of discarded cultures and stocks of infectious agents and associated microbiologicals; pathological wastes; selected isolation waste; used and unused discarded sharps; animal waste from animals known to have been in contact with an infectious agent; human blood or blood products; and other waste contaminated or potentially contaminated with bloodborne pathogens or other potentially infectious materials.
• “Medical waste incinerator” means:
(a) a two-chambered incinerator that holds waste for at least one second at temperatures at or above 1,700 degrees Fahrenheit in the secondary chamber, and operates at 1,200 degrees Fahrenheit or more in the primary chamber;
(b) a thermal oxidation unit approved by the Alaska State Department of Environmental Conservation; or
(c) any other incinerator or treatment facility including any steam autoclave unit that is designed to treat medical wastes and meets the requirements of the Alaska State Department of Environmental Conservation.
• “Sharps” means discarded implements or parts of equipment used in animal or human patient care, medical research, or industrial laboratories, including hypodermic needles, syringes, Pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, broken or unbroken glassware that has been in contact with an infectious agent, slides, cover slips, and unused, discarded implements, or parts of equipment.
• “Treat” means subjecting waste to physical, mechanical, chemical, biological, or thermal processes that reduce the volume or toxicity, or change the characteristics of the waste.
(Ord. 04-187(AM), § 2 (part), 2004)