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HomeMy WebLinkAboutORD 6727 AUTO JUNK YARDS Augusta Richmond GA DOCUMENT NAME: 0 rJ'l naJ'lce ~ 12.. 7 DOCUMENT TYPE: 0 rd'l "o...n C-e , . YEAR: DL-( BOX NUMBER: 2 ~' FILE NUMBER: 11 ~\ \ h\ NUMBER OF PAGES: \ \ .. /'. "', ".::": . < 'I' . l ORDINANCE NO. 6727 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF AUGUSTA, GEORGIA, TO AMEND THE CODE OF ORDINANCES OF AUGUSTA, GEORGIA, TO PRO, VIDE FOR '''REGULATING, AUTOMOBILE JUNK YARDS, SALVAGE / RECYCLING FA CILlITIES ", TO PROVIDE FOR AN EFFECTIVE DATE, AND TO REPEAL ANY CONFLICTING ORDINANCES. THIS ORDINANCE adopted by the Board of Commissioners of Augusta- Richmond County, Georgia (the "Board"). WHEREAS, it is the intent of the Board to promote the public health, safety, and general welfare; to protect and enhance the quality of its environment; to protect the public from health nuisances and safety hazards by providing regulations to address potential sources of environmental concern especially related to surface soil, subsurface soil, sediment and groundwater contamination. This chapter shall be liberally construed so as to accomplish the intent stated in this code section. WHEREAS, the Board recognizes the need to set forth rules and regulations to govern the operation of automobile junk yards, salvage yards / recycling facilities; to ensure that said uses do not adversely affect the health, safety and well being of the public and do not degrade the quality of the environment by their reason of location, design, method of operation. WHEREAS, in furtherance of these goals, the Board desires to amend Title 2, Finance And Taxation, Chapter 1, Article 1, Section 2-1-3 (c ) to include a Regulatory Fee for Automobile Junk Yards, Salvage Yards, and Recycling Facilities, and provide for the enforcement thereof. NOW, THEREFORE, BE IT ORDAINED by the Board, and it is hereby ordained ' by authority of same as follows: Section 1. Amendment of The Code of Ordinances of AUGUSTA, Georgia, Title 7, Chapter 2, By adding Article 3, a new Code to be titled" REGULA TlNG AUTOMOBILE JUNK YARDS, SALVAGE / RECYCLING FACILlITlES", to read as follows: SECTION 1 DEFINITIONS AFFECTED LAND: Means the area of land that is under operation and under excavation within the approved area only. AUTOMOBILE WRECKING YARD OR AUTOMOBILE USED PARTS LOT: Shall mean, any place where one or more vehicles not in running condition, or parts thereof, are stored in the open or in any building or structure used principally for wrE,3cking or ' storage of automobiles not in running condition or automotive parts. BUFFER: shall mean a portion of a lot, tract, or parcel set aside for open space, and I , , . . . .. '. ';, ( ;.; 1,';" '~,,~ . ,.,. .~ ,. , 'visual screening purposes, pursuant tc? applicant provisions ,of this ordinance, to separate different use districts, or to separate uses on one property from uses on another property of the same use district or different use district. OCCUPATION TAX CERTIFICATE HOLDER: means any person(s), firm or corporation who owns a business and/or holds an Occupation Tax Certificate within, Augusta- Richmond County, Georgia and/or operating with an Occupation Tax Certificate in Augusta-Richmond County, Georgia. CONSTRUCTION & DEMOLITION WASTE means wa~te buil'ding materials 'and rubble resulting from construction, remodeling, repair, and demolition operation on pavements, houses, commercial buildings, and other structures. Such waste include, but are not limited to asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, card board, inert waste landfill material, and other non-putrescible waste which have a low potential for groundwater contamination as defined in the Georgia Rules for Solid Waste Management 391-3-4-.01 (14) CONTAINMENT: shall mean the act, process, or means of containing fluids to prevent spillage of contents onto the soil, water ways, sewer system, storm water system, or any other means except through proper disposal procedure. CONTAMINATE: shall mean the intrusion or contact with dirt or foulness from an outside source, to taint stresses the loss of purity or cleanliness that follows contamination, to soil stain, stain, corrupt, or infect by contact or association, DISPOSAL FACILITY: shall means any facility or location where the final deposition of solid waste occurs and includes, but is not limited to, land filling and solid waste thermal treatment technology facilities. ENFORCEMENT: The License & Inspection Department. GENERATOR: shall mean any waste generated or accumulated at any facility lying within Augusta-Richmond County Georgia under daily operations, for commercial gain or mass distribution. INVENTORY: shall mean a written recorded description and quantity of materials JUNKYARD, SALVAGE YARD, RECYCLING FACILITY: shall mean any placewhere waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packaged, disassembled, or handled; including automotive wrecking yards, automobiles used parts lots, used lumber yards, salvaged building materials, salvaged household appliances, or other types of material; but excluding establishments for the sale, purchase, or storage of used automobiles in running condition, used furniture, or salvaged materials used as parts of a manufacturing process on the same site. LEGALLY EXISTlfo.IG BUSINESS: A business that is in compliance with the Augusta- Richmond County Comprehensive Zoning Ordinance, and the business owner / operator is in possession of a current Occupation Tax Certificate. LEACHATE: shall mean a liquid that has passed through or emerged from solid waste 2 . ; :: ....\ ~.y.' , , " .' " and contains soluble, suspended, or miscible materials removed from such waste.' , . MANIFESTS/RECEIPT: shall mean a form or document used for identifying the quantity or composition and the origin, routing, and destination of special solid or liquid waste during its transport from the point of generation through any intermediate points to the point of disposal, treatment or storage. ORDINANCE ADMINISTRATOR: The Director of the License & Inspection Department. . - ~ .. . ~ - . . OWNER: means the person( s), firm, or corporation who owns a parcel of property lying within Augusta-Richmond County Georgia. PERSON: shall mean any individual, firm, partnership, association, company, group, entity, or organization of any kind. . ' PETROLEUM CONTAMINATED SOIL: shall mean any soil tainted or affected by any petroleum or a substance containing any traces of petroleum constitutes. PRE-EXISTING JUNKYARD, SALVAGE YARD, AUTOMOBILE WRECKING YARD, AND/OR RECYCLING FACILITY: Prior to the date of Ordinance implementation. REGULATORY FEE: Payment whether designated at license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or an aid to regulation of an occupation, profession, or business. RECLAMATION: shall mean the reconditioning or rehabilitation of affected land under the junkyard, salvage yard, automobile wrecking yard, and recycling facility. Such as refilling, and re-packing the excavated areas with suitable materials, such as dirt, and/or sand. RECOVERED MATERIALS PROCESSING FACILITY: shall mean a facility engaged solely in the storage, processing, and resale or reuse of recovered materials. Such term shall not include a solid waste handling facility; provided, however, any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste. RECYCLING: shall mean any process by which materials which would otherwise become solid waste or collected, separated, processed and reused or returned in the form of raw materials or products. RUN-OFF: means any rainwater, leachate, or other liquid that drains over land from any part of a facility. SALVAGEABLE/RECOVERED/COLLECT ABLE MATERIALS: shall mean those materials which have known use, reuse, or recycling potential; can be feasibly used, reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation and processing. 3 .' ' '..'.' '~.'~~:~'~~"~~ I" ", ~ , f . . SOLID WASTEIWASTE: shall mean any garbage or refuse including solids, semi- solids,: liquids, gaseous, materials that have no use or future use. ' STATE WATERS: includes any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the state, which are not entirely confined and retained completely upon the property of a , single individual, partner ship, or corporation. TIRE: shall mean a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment. WASTE: shall mean all discarded substances and materials whatsoever exceeding ten pounds (10 Ibs.) in weight or fifteen cubic feet (15 ft.3) in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or material dumped for commercial purposes. With the exception of non-hazardous, low-impact animal by-products classified by the Georgia Department of Natural Resources, "waste" includes without limitation, sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, bottles, boxes, containers, papers, tobacco products, tires, appliances, mechanical equipment or parts, building or construction materials, tools, machinery, wood, motor vehicles and motor vehicle parts, vessels, aircraft equipment, waste oil, batteries, antifreeze, sludge from a wastewater treatment facility, water supply treatment plant, or air pollution control facility, air contaminants from any source or facility, and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. WASTE STREAM: shall mean the point of generation / origin of said waste (as defined), manner in which it is recovered, transported, final destination site for generator and/or disposal point. ZONING: shall mean by Ordinance into sections reserved for different purposes (as residence, business, or activity). Section 2 GENERALEN~RONMENTALMANAGEMENT ~ 2-1. General Management a) The owner or occupant of any premises shall be responsible for the sanitary handling and disposal of all waste; scrap tires, municipal commercial industrial waste, solid waste, recovered or recyclable material, at any place in Augusta Richmond County, Georgia. 'b) It shall be unlawful to dump, open dump, burn, bury, or permit the dumping of, waste, scrap tires, municipal, commercial industrial waste, solid waste, recovered or recyclable material, construction / demolition waste at any un- permitted and approved site or place in Augusta Richmond County, Georgia. c) It shall be unlaWful to operate, accumulate, or generate any type waste in Augusta Richmond County without obtaining proof of disposal documentation, 4 I"'> ..';" :"';', td.'~'" "~l. .,'.,' , " . such as manifest, receipts, and ot~er proof approved by enforcement authority. '. d) Unless authorized to do sO,by law or by duly issued permit, it shall be unlawful for any person to dump or place waste: 1. In any pit to include inert waste, scrap tires, waste, concrete, brickbats, stumps, limbs, fluid waste. 2. In any fresh water lake, stream, river, canal, creek, storm drain, or sanitary sewer drain. .3. In any ambient air, indoor air, incinerator, any.form of el1lission unless duly permitted. (e) Any business, entity, person, etc. that generates waste shall retain and maintain all receipts, manifests, and documentation for 3 years for any transport of waste, recyclable, salvageable, collectable materials generated within Augusta-Richmond County Georgia. ' (f) Any waste not accounted for by referenced terms shall constitute improper management of said waste and/or dumping. ~ 2-2. Accumulation a) No owner or occupant of any property in Augusta-Richmond County shall burn bury any waste without prior authorization and written permission from an applicable governing regulatory agency. Nothing in this provision shall authorize or be construed to permit the burial or burning of any material which is otherwise prohibited by federal, state, or local regulations. b) No owner or occupant of any property in Augusta-Richmond COunty shall allow the accumulation of any type waste on his or her property and/or premises where such material creates or causes a health hazard to surrounding properties, citizens, and/or impairs the quality of life for surrounding areas. Section 3 GENERAL YARD MANAGEMENT ~ 3-1. Waste Management a) Any auto salvage yards, and those who are involved in operating any type salvage / recycling / junk yard, used parts lots, automobile wrecking yard, arid / or any type recycling / salvage operation of any kind shall be subject to rules as noted below: b) All auto salvage yards, recycling / junk yard, used parts lots, automobile wrecking yard, and / or any type recycling / salvage operation, used parts lots approved for operation are required to install a "containment station/ dismantling area" at the point of entry for said vehicles. Containment station/ dismantling area shall be a permanent structure meeting the intent and requirements as follows: 1. Secure shelter above a concrete impermeable base with elevated sides without drains, discharge or entry points, designed and suitable to use as a staging area for the extrication of items listed below: a. Waste Oil b.. Transmission Fluid c. Gasoline f. oil filters g. hydraulic fluid or lubricant h. transmission filters 5 d. Anti-freeze ". ," e. Batteries . ',< c) Upon vehicle entrance into. said salvage yard, vehicle shall be fully relieved of any flowing fluids, filters, and batteries, and waste - except engine oil and transmission fluid. Engine oil and transmission fluid may remain in the engine and transmission provided there are no leaks. The vehicle must be located on the 'containment station' when the parts (engine and / or transmission) are removed from the vehicle. Said flowing fluids, filters, a'nd batteries, and waste shall be stored in accordance with regula~ions specifi~d in th.is ordinance. Any waste generated by said facility is further required to meet any applicable local, state, and federal codes and/or laws concerning "hazardous waste management and/or potential hazardous waste contamination." Maintain verification on any waste generated, accumulated, and/or disposed of on site, and any questionable waste located at said facility shall be documented and accounted for, and located in the containment station area. c) Parts containing liquids can be salvaged from the vehicle only while the vehicle is located on the 'containment station / dismantling area'. ' d) All removed parts/ components must be stored on an impermeable surface under roof. ' e) Crushing of vehicles, other than by a manufactured auto crusher with a self containing captured fluid reservoir, shall be performed in the containment area / dismantling area. i. freon, gases, or gaseous type ~ 3-2. Vehicular Waste Management a) Drain and collect all fluids in the containment station area in the appropriate containers. ' b) Store in appropriate container, metal drums for non-corrosive, plastic for corrosive, both complete with caps. c) Monitor container for leaks, rust, cracks, and perform maintenance as needed. d) The containers must be clearly identifiable of its contents by proper labeling and markings with birth date and death date. f) All materials recovered transported and disposed of must be performed by a permitted and licensed individual(s) that will provide you with the required documentation needed for review. ~ 3-3. Storage I,Containment Area a) Containment stations shall consist of individual containers that are placed on concrete, under shelter, clearly labeled to identify its contents, sealable, and suitable for storage. b) Premises must be monitored continuously, and any leaks or drips are to be addressed immediately. ' , ' c) The base of the containment station shall be dry kept only and never cleaned by spraying or pressure washing d) Scrap tires shall be stored as follows: (1) It shall be unlawful for any commercial business to accumulate more than five hundred (500) scrap tires on the property in which it owns or occupies at any given time. Accumulated scrap tires shall be disposed of a minimum of once every 90 days. 6 \ .. ..~" .~ " (2) It shall be unlawful for any person or entity authorized by this article and/or state law to handle store, and/or dispose of scrap tires, to do so in any manner other than the following: permitted quantities of scrap tires may be stored outside on the property of an authorized business in a , container enclosed on all four (4) sides by a solid screen and having a secure top cover, which container is not visible from any public right of way or any adjoining property. SECTION 4 GENERAL YARD MAINTENANCE a) Vegetation shall be maintained in a manner, which will not be conducive to insect or rodent infestation. b) Property shall be maintained in accordance with local and state storm water and environmental and sedimentation regulations. c) All waste shall be disposed of by a GAEPD or USEPA approved facility and all manifest, receipts, and or approved documentation shall be retained on site for review upon inspection for a minimum of (3) three Years. d) Property shall be maintained in a manner not to impair or pose potential threat to human, health, safety and shall not affect the quality of life in surrounding', and / or adjoining properties, as follows; '1) All vehicles, recovered materials, and waste are not to exceed stacks higher than 1 vehicle high or 6 feet in height. 2) Vehicles must remain in orderly formation (in rows), and establish and maintain a fire / maintenance lane between rows. SECTION 5 LAND USE REQUIREMENTS a) All buildings, (excluding existing buildings and equipment and operation, therein) equipment, operation, (except roads) and salvage material and parts thereof, shall not be situated within 50 feet of an intermittent or continuously , flowing stream as designated on the most recent Geological survey map and/or labeled or deemed "State Waters." b) Any proposed auto salvage yards, used parts lots / junk yards, shall provide a parcel size of 10 acres or greater to include the "active area" labeled after set backs are determined. c) All existing and / or proposed auto salvage yards, used parts lots, junk yards shall provide screening as listed: 1) Green mesh nylon shade cloth securely attached to 6 foot cyclone fence, or ' 2) Six foot in height wood board privacy fence with no color alteration, and maintained on a continuous basis. 3) ,Complv with the AUQusta-Richmond Countv Tree Ordinance - Chapter 8-4-11 (e) (5) Street Yard Requirements. 7 l,. 't" ~,\ -.~; ''": ~ ,..-:.... '. ~EC:f10t-.J 6 PROCIEDURES: REGISTRAtioN AND PERMITTING ~ 6-1. Existing Locations a) All owners, operators, or maintainers of automobile salvage yards, used parts lot or other junk yards legally existing under approved zoning status at the effective date of this Ordinance shall register and pay a Regulatory Fee with Augusta License & Inspection Department within a period of 30 days from the effective date of this Ordinance. Permit application will include: 1) The dimensions and acreage of 'existing or proposed site and the description and location of any structure, heavy equipment or any other permanently affixed edifice. 2) Adetailed drawing of land use, to include an estimated vehicle capacity, and site entry and exit points. 3) Containment station plan to include size of overhead shelter, impermeable concrete base, waste container list, amount, and type waste. b) Existing automobile salvage yards, used parts lot, junk yards shall conform to the approved permit and standards of this Ordinance in accordance with the graduated compliance schedule listed as follows. The times listed are from the date of plan approval. 1) Meet Section 6-1 (a) within 30 days of effective date of Ordinance. 2) Meet Section 5 (c) within 60 days of date of plan approval. 3) Meet Section 3-1 (b) within 90 days of date of plan approval. 4) Meet Section 3-3-(d) within 120 days of date of plan approval. All existing auto salvage yards, recycling / junk yard, used parts lots, automobile wrecking yard, and / or any type recycling / salvage operation, or used parts lots that have not been registered within 30 days shall be in violation of the registration provisions of this Ordinance. Unless said facilities can be documented to the satisfaction of the Ordinance Administrator as existing prior to the effective date of this Ordinance they shall be considered new facilities. If so documented, said auto salvage yards, recycling / junk yard, used parts lots, automobile wrecking yard, and / or any type recycling / salvage operation, used parts lots may be considered existing facilities, be required to register and required to comply with a revised compliance schedule listed One copy of the completed signed registration application shall be submitted to the Ordinance administrator. ~ 6-2. New Locations a) Comply with Augusta-Richmond County Comprehensive Zoning Ordinance with regard to zoning and site plan requirements. In addition to requirements specified by the Planning Commission Site Plan Development Regulations, the site plan shall include: 1) The dimensions and acreage of the proposed site and the description and location of any structure, heavy equipment or any other permanently affixed edifice. 8 ~ . ~'.:.,~ .I~,~,~'j " , " \ . 2) A detailed drawing of lanQ use, ,to include an estimated vehicle capacity, and site entry and exit points. 3) Containment station plan to include size of overhead shelter, impermeable concrete base, and waste containers. 4) All proposed auto salvage yards, used parts lots, junk yards or recycling facility shall provide screening either green mesh nylon shade cloth securely attached to a 6 foot cyclone fence or a six foot in height wood board privacy fence with no color alteration, and maintained on a continuous basis. b) Comply with approved site plan. c) Any person, firm or corporation who does business in Augusta-Richmond County as an AUTOMOBILE WRECKING YARD OR AUTOMOBILE USED PARTS LOT or JUNKYARD, SALVAGE YARD, RECYCLING FACILITY, shall, before engaging in such business, pay such regulatory fee as is provided in S 2-2-3 @ of the Augusta-Richmond County Code. d) Apply for an Occupation Tax Certificate, pay Tax and receive Occupation Tax Certificate, and receive commitment to issue Occupation ~ 6-3. Permit Required for Automobile Wrecking Yard, Automobile Used Parts Lot, Junkyard, Salvage Yard, Recycling Facility. No person, firm or business entity shall establish, operate, or maintain an auto salvage yards, recycling / junk yard, used parts lots, automobile wrecking yard, and / or any type recycling / salvage operation, used parts lots yard without complying with this ordinance. Any expansion of an auto salvage yards, recycling / junk yard, used parts lots, automobile wrecking yard, and / or any type recycling / salvage operation, used parts lots yard, whether pre-existing or newly permitted, shall require compliance with the sections of this ordinance pertaining to New Locations. The permit shall only be issued upon the persons, firm or business entity seeking the permit submitting a statement that the existing or proposed facility does not violate any of the provisions of this Ordinance. The permit shall be valid unless revoked for non-conformance with this Ordinance. ~ 6-4. Application Application for the permit shall be made to the Administrator of the Ordinance, on such forms as the Administrator of the Ordinance shall prescribe along with a non- refundable regulatory fee as established by the Board of Commissioners. The permit application shall include but not be limited to the information required for the registration application and a junkyard plan. The plan shall indicate setbacks, location of public right-of-ways, all proposed structures, all structures within 500 feet of the propos~d facility, driveways, entrances, fencing, screening, types of fencing, types of screening, dimensions of junk yard, gross acreage, preparer of plans name(s) and address(es) and phone numbers. Any expansion of a junkyard, whether pre-existing or newly permitted, shall require a permit. Procedures and standards for an expansion permit shall be those required for a new establishment. ~ 6.5 Permitting Procedure The completed permit application and yard plan shall be submitted to the 9 ", -~""~:-"'~'f~"'~" ,: . . '. . .:' .' , Ordinance administrator. The administrator shall have the authority to either approve or deny the permit. A denied permit may be resubmitted within 14 days from the date of denial without incurring an additional permit fee. SECTION 7 ENFORCEMENT Enforcement of this ordinance shall be the responsibility of the Augusta- Richmond County License and Inspections Department. Any person or person(s) authorized to enforce this ordinance shall be empowered to enter any property, upon reasonable cause, at reasonable or necessary times in order to inspect for violations of this ordinance, subject to the condition that to allow entry onto private property for inspections, the alleged violation of this ordinance, must be visible from a public road or right of way, or upon said officer(s) having received a valid complaint alleging a violation of this ordinance, or by a Judge's Order upon said officers having received information/allegations that constitute reasonable suspicion that a serious unlawful act or threat to the health arid safety of the community and/or the environment has occurred or is about to occur. SECTION 8 VIOLATIONS Any person(s), firm, or corporation violating any portion of this ordinance shall be charged with each and every violation and upon trial and conviction shall be subject to the penalties provided in 91-6-1 of the Augusta-Richmond County Code. SECTION 9 PENALTIES REMEDIES AND ABATEMENT OF NUISANCE Upon finding evidence that any provision of this ordinance has been violated, a Notice of Violation will be issued at the discretion of the enforcing officers in lieu of a Citation. If the owner of a business fails to correct the violations and comply with the Ordinance within the time specified, the Ordinance Administrator may request the Augusta Commission to approve an ordinance providing for the actions necessary to correct the violations. The Ordinance Administrator may cause the violations to be corrected either through an available public agency or by contract or by private persons, and the cost of such work shall constitute a lien against the property upon which the work was performed. The delinquent tax collector shall issue a fi. fa. in the name of Augusta-Richmond County, for the cost, and levy the fi. fa. and expose the property for sale. SECTION 10 , SEVERABILITY Should any sentence, section, subsection or provisions of this ordinance, or application of a provision of this Ordinance, be declared invalid or unconstitutional by , any Court orother competent jurisdiction, such declaration shall nor affect the validity of the Ordinance as a whole or any part thereof that is not specifically declared as invalid or unconstitutional. 10 --'..,. ;../- ~ .,. ". ,.. .. ,'.~, SECTION 11 REPEAL OF CONFLICTING RESOLUTIONS OR ORDINANCES All ordinances or parts of ordinances previously adopted by the Board of Commissioners of Augusta-Richmond County, Georgia which are in conflict with this ordinance are hereby repealed to the extent necessary to eliminate such conflict. SECTION 12 EFFECTIVE DATE This ordinance shall become effective on upon adoption. 9ulv ~~_dqpt~~"QY tq,~ Augusta-Richmond County Commission, this 2L;-day of ,":i~~~ji~,8Qr" '.,2004. -'-_0 .l.J ~ - ATTEST Cle ~~ =t Bob Young, May ~ , - 1st Reading Sept 7, Published in the Augusta Chronicle September 29,2004 I, Nancy Morawski, Depyty Clerk of Commission, hereby certify that the above is a true and correct copy of ~Ord. 6727 adopted by the Augusta Richmond County Commission in Meeting September 7, and September 21, 2004. D~fd ~~~ II