18-1-6 Location criteria emphasis in the EIS

All hazardous and low-level radioactive waste industries regulated under Section 17-3 of the Tooele County Land Use Ordinance shall be located in those areas allowed by Tooele County's General Plan, as amended by the Hazardous Waste Corridor, and shall conform to the stricter of the following location standards or those promulgated by the State of Utah Solid and Hazardous Waste Committee: (1) The facility shall not be established or constructed in a wetland as defined by the Army Corp of Engineers under Section 404 of the Clean Water Act or in the recharge zone of an aquifer. (2) The facility shall not be established in a 100 year flood plain. This information may be obtained from 100 year flood plain maps or other supportive documents. (3) For protection of waters of the State, the following factors shall be considered: (a) The distance from waters of the State so that an unintentional release or discharge of hazardous waste will not contaminate such waters. (b) Hydro geological characteristics of the site and surrounding land, i.e., soil type, groundwater table, geology, topography, etc. (c) The quantity, quality, and direction of flow of groundwater. (d) Proximity to and withdrawal rates from nearby wells. Consultation with public water suppliers and State Engineer's office. (e) Availability of alternative water supplies. (4) Consideration must be given to the type and permeability of the soil and depth to bedrock at the proposed site. (5) The facility shall not be established, constructed, or operated on an active Holocene Fault or within a recognized zone of deformation along that fault. (6) Transportation routes to the site must be addressed. The following items shall be considered: (a) methods by which wastes will be transported to and from the site; (b) the types of roads that will provide (c) the extent to which weather renders such roads hazardous; (d) the accident rates to determine if routes are above or below the average for a similar type road; TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 18 e) the number of residential, school, and hospital structures along access routes; (f) safety, noise, and traffic disruption; and (g) the number of intersections per linear mile between the entrance of a facility and the nearest arterial highway. (7) The location of facilities shall avoid watershed management areas and agricultural lands that are available for crop production. (8) The location of facilities shall comply with State and Federal Wildlife Regulations. (9) Historical significance of the location and aesthetics, including visual and noise level aspects, shall be considered. Natural areas designated as having county, state, regional, or national significance due to their recreational, historical, educational, aesthetic value, or importance as a natural resource or a value to the economy shall be avoided. (10) The economic and environmental impact of the proposed facility upon local government, adjacent to, or within which, the facility is proposed for location shall be considered. (11) Compatibility with current land use plans shall be considered, to include the following: (a) Existing land use adjacent to and in the general area of the site. No facility shall be located closer than five miles from any existing dwelling. (b) Areas with existing compatible industrial development and areas that are planned or zoned for hazardous industrial development. (c) Densities of population near proposed site. (12) Any exception to these guidelines will be considered by the planning commission and the county commission on a case by case basis. The following shall be considered in granting an exception to the foregoing provisions: (a) protection of public health and the environment; (b) type of hazardous waste activity, whether it is treatment, storage, or disposal; (c) type and volumes of hazardous wastes to be managed; and (d) other information that may be submitted or required. (13) Environmental Impact Statement (EIS): Each facility shall be reviewed on its own site specific merits by means of an environmental impact statement conforming to and including all elements required under the National Environmental Policy Act (NEPA) for natural and human resources, and shall address in detail each of the following items: (a) Mining Claims and Natural Resources, Surface Water (Flood and Erosion), Aquatic Species, Natural Hazards, Groundwater, Air Quality, Rare Plants, Wilderness, Wildlife, Geology. (b) Closure and Post-Closure Assurances, Description of Wastes, Treatments and processes, Monitoring and Quality Assurance, Infrastructure (Utilities and Services), Public Finance and Services, Public Safety and Emergency, Employment and Labor Force, Paleontological Resources, Grazing and Agriculture, Construction Resources, Economic Feasibility, Response Services, Health Services, Quality of Life, Transportation, Archeological, Evaporation, Population, Recreation, Education, Earnings, Land Use, Housing, Energy. (14) The analysis of impacts under this section may be more or less intensive than that required by other permitting agencies, i.e., the EPA Toxic Substance Control Act (TSCA) review and Utah Department of Health Resource Conservation and Recovery Act (RCRA) review. The principal objective of these requirements shall be to identify and quantify those impacts that affect the local community and units of government. (Ord.2005-30, 11/22/05)