19.90.070 Regulated uses in the Water Resource Protection Area.
(A) The use, storage, treatment, or disposal of hazardous substances in quantities listed in 40 CFR Part 117, Determination of Reportable Quantities for Hazardous Substances, or hazardous wastes in levels listed in 40 CFR Section 261.24, Toxicity Characteristics Table 1, or the transportation to or from a site within the Water Resource Protection Area of hazardous materials in quantities as described in 49 USC Section 5108, Registration, shall be prohibited except those activities that are subject to the “special exception” approval of the planning and zoning commission. The use, storage, treatment, or disposal may be permitted of the substances described in this section with appropriate safeguards based on applicable federal, state, and local regulations which shall be installed to prevent the release and/or discharge into the environment of these substances. Those items strictly regulated by other provisions of this section shall meet these provisions and cannot apply for a special exception for these items.
(1) Special Exception. The operator of any commercial or industrial facility which involves the use, handling, storage, or processing of hazardous material or hazardous waste shall prepare a materials management plan for submission to the planning and zoning commission. The plan must demonstrate that the applicant shall use best management practices and ensure the risk to the groundwater supply shall be minimized. The planning and zoning commission, by conditional use permit with a bi-annual review, may approve, modify and approve or deny the plan.
(a) The plan shall contain the following information:
(i) Facility Description. The plan shall contain the name and address of the facility, and business phone number of the applicant; the name, titles and emergency phone numbers of the primary response person and an alternate; the number of employees by shift, number of shifts, and principal and accessory business activity.
(ii) Safe Handling. The plan must contain a description of the handling procedures to be employed for each material on this site.
(iii) Transportation Plan. The plan shall also include materials entering and leaving the site. A map indicating the transportation routes to be utilized to and from the site, as well as a description of the means of material transportation.
(iv) Disposal of Waste Materials. A description of the disposal methods to be employed for those materials identified in Section 19.90.030, as well as any secondary wastes generated during the manufacturing process.
(v) Leak and Spill Prevention. Identify and describe procedures and practices to be employed to prevent leaks and spills of hazardous materials.
(vi) Leak and Spill Reporting. Prepare a leak reporting system to be employed by the facility providing for proper notification of the appropriate officials of the facility, city, fire district, and state. A description of the reporting procedure including identification of officials to be notified shall be provided.
(vii) Emergency Spill Plan. An in-depth emergency spill procedure must be formulated as part of the plan that identifies and describes the following major topics:
Emergency Procedures;
Notification of Officials;
Spill Containment Procedures;
Cleanup;
Disposal;
Reporting.
(B) The underground storage of oil, petroleum, and petroleum products shall be prohibited unless contained in either a fiberglass reinforced plastic or cathodically protected externally coated steel tank. A testing laboratory approved by the Arizona Department of Environmental Quality must list these tanks. Such tanks and appurtenant facilities shall be equipped with monitoring devices and failure detection systems and protected internally and externally from structural failure. Leak detection reports must be submitted to the planning and zoning department annually. Underground storage tanks shall be positioned within a nonporous vault large enough to retain the contents of the tank if a rupture occurs or surrounded by an impermeable synthetic fabric barrier. An alternative to the vault or barrier may be a listed dual-walled tank with a definite annular space between the primary and secondary wall.
Installation of such tanks, facilities and systems shall be done strictly in accordance with the manufacturer’s specifications. These installations shall be inspected by the building inspector and fire chief or his/her designee, and these officials must witness a test of the facilities for tightness before they are covered. If a failure is detected, work shall not proceed until the failure is remedied and the system retested.
The building inspector, fire chief, planning and zoning director, or public works director shall have the right to periodically inspect the underground tank. The materials used for underground storage systems must be appropriate for and chemically compatible with the material stored contained in a vaulted container.
The above-ground storage of oil, petroleum, and petroleum products shall be permitted; provided, that secondary containment facilities based on applicable federal, state, and local regulations capable of capturing the materials stored on the site are provided, subject to the approval of the planning and zoning director.
(C) The burial, dumping, or disposal of municipal, industrial, or agricultural waste, defined as any land use associated with the disposal, storage and treatment, or transfer of municipal solid waste, sewerage treatment plant sludge, or industrial residual waste, and other special solid waste, shall be prohibited.
(D) Public sanitary sewer service, where available, shall be required for all residential, commercial, and industrial uses. For the purposes of this section “available” shall mean a public sanitary sewer is located no more than two hundred (200) feet from the property line of the lot being developed.
When sanitary sewers are not available the following provisions will apply: Single-family detached homes shall be permitted to use on-site septic systems. Commercial or industrial uses shall be permitted to use on-site septic systems provided the use does not involve the use, handling, storage, or processing of a hazardous material or hazardous waste and the applicant can show that the amount and type of discharge expected from the use will not exceed that which could be expected from a single-family residence not to exceed three hundred (300) gallons per day total discharge. Septic systems are prohibited within the first one thousand (1,000) feet of the Water Resource Protection Area beginning at the wellhead.
(E) Building floor drains are prohibited in any structure or portion of a structure where hazardous materials or wastes are present including but not limited to storage areas, process areas, assembly areas, or service areas except when an approved oil/sand separator is installed and connected to the sanitary sewer system.
(F) All commercial/industrial parking, driveway, access lanes, and loading areas with an aggregate area over one (1) acre shall be paved and any such paved areas shall be adequately curbed to control runoff. Any such area over five (5) acres is required to have a “Parking Lot Sweeping Plan” on file with the city. Annual reporting shall show compliance with this plan. (Ord. No. 484, 2-6-01; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-70(G))