New Orleans Comprehensive Zoning Ordinance

Printed: 7/21/2024 8:53:16 AM

20.3.BBB Separation/Recovery Facility, Industrial Composting Facilities, and Waste Transfer Station

1. All location characteristics of the Louisiana Administrative Code and City Codes shall be met, including the requirement that municipal water accessibility shall be provided and connections approved by the Fire Department and Sewerage and Water Board.

2. Buffering requirements shall be met, pursuant to the Louisiana Administrative Code and City Code, including:

a. Adequate spacing, as defined by local and State law, between the property line and any aspect of the specific facility’s operation and any residence or place of business that is served by a public water source and/or individual water supply well located on the premises.

b. Adequate spacing between the property line and any aspect of the solid waste disposal operation and any habitation or place of business that is served by a public water source and/or individual water supply well located on the premises.

c. Additional buffering requirements, such as vegetative barriers or fencing, which are determined to be adequate to protect adjacent landowners from odors, noise, visual impacts, vectors, and water quality problems.

3. No structures or internal roadways are permitted within the buffer zone.

4. All facility operators or property owners shall provide for litter abatement outside the facility to a distance set by the City Council.

5. A permit holder shall provide the City with evidence that copies of the permit have been forwarded to the appropriate agencies to show compliance with other applicable state and federal legal requirements.

6. Water discharges from operating units of all facilities shall follow all Louisiana Department of Environmental Quality regulations pursuant to the Louisiana Administrative Code and all applicable local requirements. Copies of these applications shall be provided to the City Planning Commission, Department of Safety and Permits and Sewerage and Water Board at the time of application.

7. Environmental concerns raised by the Louisiana Department of Environmental Quality and other federal, state and local agencies shall be addressed in the conditional use process.

8. All appropriate state, local, and federal permits as required by applicable law shall be obtained prior to the specific facility’s operation and copies provided to the appropriate local agency.

9. If other stipulations such as performance bonds and peripheral cleanup are required, the specific facility shall comply with those requirements.

10. If participation in recycling programs in a manner consistent with the City’s solid waste management objectives is found to be necessary, the operators of sanitary landfills and incinerators are required to participate.

11. Hurricane and flood protection shall be provided and incorporated into the facility’s design and operation.

12. Fire protection and medical care, as approved by the City’s Fire and Health Department and pursuant to the Louisiana Administrative Code, shall be available.

13. Security shall be provided and incorporated into the facility’s design and operation.

14. Restrictions and limitations may be placed on the disposal if such restrictions are found to be in the public welfare. Such restrictions include, but are not limited to, locations, source of origin, volume of wastes entering the facilities, and type of wastes.

15. If deemed in the public welfare, materials not classified as regulated materials, as defined by the current Louisiana Hazardous Waste Regulations and subsequent Louisiana Department of Environmental Quality guidelines, may be prohibited by the Department of Sanitation and Health from the facility.

16. A detailed fire and emergency action plan in accordance with the Occupational Safety and Health Act 29 CFR 1910 and all other applicable regulations shall be submitted to the New Orleans Fire Department for approval. These plans shall include, but are not limited to:

a. Location of fire hydrants and size of water lines.

b. Communications equipment, size and type.

c.  Actions to be taken to ensure employee safety from fire and other emergency situations.

d.   A complete list of the projected major fire hazards, their proper handling and storage procedures, potential ignition sources and control procedures, and a description of fire protection systems.

e.    Evacuation and re-entry routes.

17. A copy of any state preliminary report concerning the individual property shall be provided to the City Planning Commission and Department of Safety and Permits for review as part of the conditional use process.

18. The landfill operator is required to comply with a future reuse (end-use plan) schedule approved by the state and City Planning Commission.

19. If the application is for expansion of a facility or construction of a replacement new facility, a plan for closing and upgrading existing operating areas is required.

20. Facilities shall comply with the conditions and specifications contained in the definition of sanitary landfills in the Louisiana Administrative Code.

21. For composting facilities, the following additional standards apply:

a. Facilities shall comply with the conditions and specifications for composting facilities in the Louisiana Administrative Code.

b. Prior to commencement of operation, facilities shall provide written notice to the local and state authority, stating the location of the composting facility, nature, origin, and quantity of the material to be composted, description of the operation, and the intended use for the compost.

c. Facilities shall follow methods of composting approved by the Louisiana Department of Environmental Quality that minimize odors and vectors, and produce a useful and stable product.

d. Local authorities may ban specific material not deemed in the best interest or not acceptable to the public welfare.

22. For separation/recovery facilities, the following additional standards apply:

a. Facilities shall comply with the conditions and specifications of the Louisiana Administrative Code.

b. All source separation/recovery activity shall be performed within an enclosed structure.

23. Where incinerators, non-industrial (Type II-A) are included, the following additional standards apply:

a.  The inclusion of incinerators, non-industrial (Type II-A) is a conditional use.

b. Incinerators shall comply with the conditions and specifications of the Louisiana Administrative Code.

c. Only noninfectious waste from hospitals or clinics which has been properly packaged and identified and is certified as nonhazardous by the Department of Health and Hospitals may be deposited.

d. Incinerators shall be developed as a subordinate use, which is incidental to and customary or necessary in connection with a main building or use located on the same lot.

e. Incinerators shall comply with buffer zones pursuant to the Louisiana Administrative Code and this Ordinance.