§ 44-108. Hazardous materials storage requirements.

Any and all facilities that will be used for the storage of hazardous materials associated with commercial or industrial uses shall comply with the applicable standards and specifications established by the Environmental Protection Agency and the Georgia State Fire Marshal. It shall be the responsibility of the applicant to provide evidence that the proposed storage facilities shall comply with all applicable federal and state requirements. In addition, the following standards shall apply:

(1)

Underground storage tanks. All explosive or flammable chemicals, liquids, or gasses associated with commercial or industrial uses shall be stored in underground storage tanks that comply with the requirements of this section, unless the applicant can provide documentation that underground storage is technically inappropriate or infeasible. All underground storage tanks used for the storage of hazardous materials shall comply with the following requirements:

a.

All such tanks shall comply with state requirements.

b.

All such tanks shall be buried to a depth of at least six feet below the surface of the ground.

c.

All such tanks shall be fitted with a leak detection system.

d.

All such tanks shall be replaced no later than 25 years after the date of installation.

e.

No such tank shall be located within 50 feet of the nearest adjoining property line.

f.

No such tank shall be located within 100 feet of any private well.

(b)

Aboveground storage tanks. All aboveground storage tanks used to store gasoline, liquefied petroleum gas, oil, or other flammable or explosive liquids, gases, and hazardous materials shall not be located closer to the nearest adjoining property line than specified below:

(1)

One hundred feet for any tank(s) with a combined total storage volume of not more than 1,000 gallons.

(2)

Two hundred fifty feet for any tank(s) with a combined total storage volume of more than 1,000 gallons, but not more than 5,000 gallons.

(3)

Five hundred feet for any tank(s) with a combined total storage volume of more than 5,000 gallons, but not more than 10,000 gallons.

(4)

The planning commission may determine special setback requirements for any tank(s) with a combined storage volume of more than 10,000 gallons, however such setback requirement shall not be less than 500 feet.

(5)

The planning commission may require special reserved areas for emergency vehicle access in the vicinity of proposed aboveground storage tanks to ensure adequate access for fire suppression equipment. The planning commission may request review of such proposed reserved areas by the McDuffie County Fire Chief.

(3)

Other aboveground storage facilities. Where any hazardous materials associated with a commercial or industrial use are stored in facilities under than an aboveground or underground tank, such facilities shall satisfy the following requirements:

a.

No such storage facility, shed, or room shall be located closer to the nearest adjoining property line than 50 feet.

b.

All such storage facilities shall comply with all applicable federal and state fire and building codes.

c.

All such storage facilities shall be fully enclosed and all accesses shall be locked when the business use is not in operation.

d.

The planning commission may require special reserved areas for emergency vehicle access in the vicinity of proposed hazardous materials storage facilities to

ensure adequate access for fire suppression equipment. The planning commission may request review of such proposed reserved areas by the McDuffie County Fire Chief.

(4)

Local reporting requirement. Any business or industry that utilizes or stores hazardous materials shall prepare a list of all such materials and the quantities and storage location on the property. This list shall be provided as required by the McDuffie County Fire Coordinator.

(5)

Disposal of hazardous materials and hazardous waste. No hazardous materials or hazardous wastes shall be deposited or buried on-site or on any other land in McDuffie County that has not been licensed by the Environmental Protection Division for the disposal of hazardous wastes or does not comply with all state and federal laws regarding the disposal of hazardous wastes.

(Ord. of 3-23-99, Art. VI, § 8)