EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 29

HWT    Hazardous Waste Transfer, Storage and
Treatment Facility District

A.   PURPOSE

This district is established for the purpose of providing for a transfer, storage and treatment facility with adequate area for equipment operation, open space and buffers.

B.   PERMITTED PRINCIPAL USES

1.   Hazardous Waste Transfer and Storage Facility
2.   Laboratories
3.   Offices

As defined by Title 40 CFR, ponding and/or burial of Hazardous Waste shall not be per-mitted in the Hazardous Waste Transfer, Storage and Treatment District.

C.   USES REQUIRING SPECIAL APPROVAL (SPECIAL USES)

1.   Hazardous Waste Storage and Treatment Facility

a.   Destroying Hazardous Waste
b.   Incineration of Hazardous Waste
c.   Mixing of Hazardous Waste
d.   Recycling of Hazardous Waste
e.   Reduction of Hazardous Waste
f.   Storage of Hazardous Waste in Excess of Ten (10) Days
g.   Treating of Hazardous Waste

2.   Emergency Facility

3.   Mineral Resource Extraction (See §§35.8 and 35.13)

D.  DEVELOPMENT REQUIREMENTS

1.   Minimum lot area:

a.   Twenty (20) acres when hazardous waste is not to be stored for a period of time exceeding ten (10) days.
b.   Two hundred (200) acres when the hazardous waste is to be destroyed, incinerated, mixed, recycled, reduced, stored in excess of ten (10) days and/or treated.

2.   Setback requirements:

a.   Office, laboratories and dwellings shall be set back a minimum of thirty (30) feet from the District boundary.
b.   Hazardous Waste Transfer facilities shall be set back a minimum of two hundred and fifty (250) feet from the District boundaries.

3.   Structural Height

a.   Offices, laboratories and dwellings shall have a maximum structural height of thirty (30) feet.
b.   Hazardous Waste Transfer Facility - The structure shall have a maximum structural height of fifty (50) feet.

4.   All applicable State and/or Federal permits shall be presented to the Development Services Department prior to the Department's approval of a plot plan and authorization for the issuance of a building permit.

E.   ACCESSORY BUILDINGS AND USES:

1.   Please refer to Section 35.1. E.

2.   Dwellings used primarily for industrial building and site protection.

F.   GEOLOGY, SOILS AND DRAINAGE REPORTS

Geology and soils reports shall be submitted with the rezoning request. (Please refer to Section 51.4, exclude paragraph A).

G.   WATER RESOURCE REPORT

A water resource report conforming to the requirements of Section 51.2 shall be submitted with the zoning or rezoning request.

H.   WASTEWATER REPORT

A wastewater report conforming to the requirements of Section 51.3 shall be submitted with the zoning or rezoning request.

I.   FIRE PROTECTION

A commitment to serve the Hazardous Waste Transfer, Storage and Treatment Facility from a recognized fire department which has the capability and training to respond to a hazardous waste emergency shall be submitted with the zoning or rezoning request.

On-site fire protection shall be as per the applicable County, State and/or Federal regulations.

J.   MAINTENANCE AND MANAGEMENT PLAN

A maintenance plan conforming to the requirements of Section 38 and a management plan shall be submitted with the zoning or rezoning request.

K.   LETTER OF INTENT

A letter of intent conforming to the requirements of Section 36 shall be submitted with the zoning or rezoning request.

L.   PLOT PLAN AND BUILDING PLANS

A plot plan conforming to the requirements of Section 37 and two (2) copies of the detailed conceptions/drawings shall be submitted with the zoning or rezoning request.

M.   OFF-STREET PARKING REQUIREMENTS

Please refer to Section 35.3.

Hazardous waste transport vehicles shall not be parked closer than two hundred fifty (250) feet from the District boundary.

N.   ACCESS

Access to a Hazardous Waste Transfer Facility site shall be provided by a direct route from the nearest Interstate or State Highway. This access route shall be a paved road with a minimum cross-section of two (2) twelve (12) foot traffic lanes and eight (8) foot shoulders. Adequate traffic control; signs, signals, striping and turn bays, as determined by the El Paso County Department of Public Works to insure safe transport shall be provided.

Roads with a posted speed limit of greater than 35 miles per hour shall be additionally provided with paved shoulders and a minimum median separation of sixteen (16) feet; or where the median separation is less than sixteen (16) feet, approved traffic barriers.

Traffic barriers may be either guardrail, wire crash resistant fence or concrete dividers, with emergency vehicle openings at intervals not to exceed 1,500 feet.

Illustrate all of the above in narrative and graphic forms.

All costs of upgrading the off-site transportation systems shall be borne by the applicant/operator for the Hazardous Waste Transfer, Storage and Treatment Facility District.

O.   PERMITTED SIGNS

Signs shall be permitted as per the applicable County, State and/or Federal regulations.

P.   FEES

A filing fee for a zoning or rezoning request to a Hazardous Waste Transfer Facility shall be ten thousand dollars ($10,000.00).

A filing fee for uses requiring special approval (special use) shall be five hundred dollars ($500.00) per special use request.

Annual Review fee shall be two thousand five hundred dollars ($2,500.00) or two percent (2%) of the gross revenue, whichever is greater.

Q.   PERFORMANCE REPORT

A performance report for the previous year's operation shall be filed with the Development Services Department forty-five (45) days prior to each anniversary date of the approval by the Board of County Commissioners.

The report shall include but not be limited to the following:

1.   Volume and chemical classification of the substances received.

2.   Volume and chemical classification of the substances shipped from the site. 3. Accidents:

 i.   location, type and cause of the accident
 ii.   number and type of spills on and off site
iii.   fires - type(s) and location(s)
List the corrective measures taken by the operator of the Hazardous Waste Transfer Facility to prevent future occurrences.

4.   Test well data and soils test data

5.   Number and type of violations found by E.P.A. or State inspectors

R.   LANDSCAPING REQUIREMENTS

Landscaping standards, at a minimum must comply with Section 35.12; depending upon site-specific impacts, additional landscaping may be required.

...back to main code page