§ 84-63.604. Exemptions.

The following projects and structures are exempt from the provisions of this chapter:

(a)

Any project built solely to comply with federal, state, regional or local agency enforcement orders under a compliance time schedule that precludes timely review under this chapter. This section is primarily intended to allow exemptions for compliance with laws, regulations, rules, or administrative or judicial orders such as nuisance abatement orders or other short-term or immediately necessary actions. This section is not intended to allow automatic exemptions for projects being undertaken to comply with changed federal, state, regional or local laws. A facility claiming an exemption under this section, must file a copy of the enforcement order and proposed project description within thirty days of receipt of the order.

(b)

If any building, structure, or facility is destroyed or damaged by disasters such as earthquakes, floods, offsite fires, or an act of God or public enemy, the facility may be rebuilt under the following conditions:

(1)

The rebuilt project is used for the same purpose as the destroyed or damaged project;

(2)

The rebuilt project complies with all environmental regulations in effect at the time of rebuilding, including best available control technology (BACT) or at least the same level of control that previously existed, whichever provides the greater level of protection to the public;

(3)

The rebuilt project does not have a higher hazard score than the destroyed or damaged project (both rebuilt and destroyed or damaged project to be scored as if they are new);

(4)

The hazard category of chemicals used in the rebuilt project is not greater than used by the destroyed or damaged project;

(5)

Construction is commenced within one year unless an extension is granted by the community development director;

(6)

The rebuilt project is at least three hundred feet away from the nearest residential property or sensitive receptor and no closer to the nearest residential property or sensitive receptor than the destroyed or damaged project; and

(7)

The rebuilt project will not manage hazard category A materials in quantities greater than the destroyed or damaged project, will not manage hazardous wastes in quantities greater than the destroyed or damaged project, will not manage hazard category B materials in quantities greater than ten percent more than the amount managed by the destroyed or damaged project, and will not manage hazard category C materials in quantities greater than ten percent more than the amount managed by the destroyed or damaged project.

(c)

A development project in which both the size, as defined in Section 84-63.1012 and the monthly transportation quantity are less than:

(1)

For hazard category C materials: four thousand tons;

(2)

For hazard category B materials: five tons;

(3)

For hazard category A materials: the quantity specified as the threshold planning quantity on the extremely hazardous materials list (Appendix A to 40 C.F.R. Chapter I, Subchapter J, Part 355, as amended from time to time), or five hundred pounds, whichever is less.

(Ords. 98-48 § 5, 96-50, 96-20, 90-92, 86-100).

Article 84-63.8. Standards and Procedures