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HomeMy WebLinkAbout3169 Resolution RESOLUTION NO.3169 A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A HOT MIX ASPHALT PLANT AT THE CENTRAL PRE-MIX SITE AT 11919 HARRIS ROAD WHEREAS, In August of 2004 CPM and Dale Adams submitted an application to modify the Special Permit #95-27 to allow use of an HMA plant within the 443 acre CPM Pasco site, and at the end of November 2004, the City's SEPA responsible official issued a Determination of Significance (DS) requiring preparation of an Environmental Impact Statement(EIS) for the proposed HMA plant; and, WHEREAS, A Final EIS (FEIS) was prepared and issued in May 2006, and identified several actions that could enhance regulatory measures which led to the conclusion that there are no unavoidable significant adverse impacts resulting from the proposed action and there was no appeal of the FEIS; and, WHEREAS, In August of 2006 the Planning Commission conducted 2 separate public hearings and numerous citizens provided testimony at the public hearing in opposition to the proposal; and, WHEREAS, The Planning Commission entered into deliberations on the proposal on September 21,2006 recommended that Council adopt the Planning Commission Findings and Conclusions and deny the application for the special use permit;and, WHEREAS, CPM appealed the Planning Commissions' decision to the City Council at a closed record hearing in January of 2007, and Council adopted the Planning Commission's recommendations and denied the special use permit; and, WHEREAS, CPM appealed the City Councils' decision to Franklin County Superior Court; and, WHEREAS, Franklin County Superior Court determined that the City's land use decision was an erroneous interpretation of law and remanded the case to the City but did not direct the case to be handled in a particular manner or direct that the City arrive at a. particular outcome;and, WHEREAS,In October of 2008, City Council adopted Resolution 3109 which specified that consideration of additional information should be first considered at an open record hearing before the Planning Commission and be contingent on the receipt of any additional environmental information as determined by the City's SEPA responsible official;and, WHEREAS, CPM submitted additional information in November of 2008. Through a FEIS Addendum which allowed assembly and dispersal of this information as appropriate; and, WHEREAS, qualified evidence (testimony and exhibits) received prior to and at the hearing support the Responsible Official's SEPA Determination including those contained in the FE1S Addendum; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a Special Permit is hereby granted to Central Pre-Mix for the location and operation of a hot mix asphalt plant at the Central Pre-Mix site at 11919 Harris Road under Master File# SP06-010 subject to the Planning Commission's Findings, Conclusions and conditions as contained in attached Exhibit 1. Passed b the City Council of the City of Pasco this 'day of July,2009 Joy Ol n, I`�' r 4 TEST: AP D AS TO FORM: Sandy L. Ke o y, Deputy City C rk Leland B, Kerr, City Attorney EXHIBIT 1 FINDINGS OF FACT 1. Central Pre-Mix Corporation (CPM) owns and leases approximately 443 acres of land in Section 7, Township 9 North,Range 29 East,W.M. and Section 12 of Township 9 North, Range 28 East, W.M. in the City of Pasco in which it operates a sand and gravel mine, including sand and gravel excavation and processing, concrete production and related uses.The CPM Pasco site has been continuously used for sand and gravel excavation and processing since the 1950's. In 1982 it was annexed to the City of Pasco. 2. Central Pre-Mix has requested a special use permit to allow the location and development of a hot mix asphalt plant (HMA) on a portion of the 443 acre mineral extraction operation site. 3. The HMA plant is proposed to be placed on approximately 5 acres located within the current excavated area which is approximately 50 feet below the elevation of Harris Road and approximately 600 feet north of Harris Road. 4. The proposed HMA plant would produce hot mix asphalt by mixing crushed stone, ground asphalt pavement and sand with heated asphalt cement. The HMA mix would be conveyed to a storage silo where it would be loaded into delivery trucks or trailers as needed for transportation to construction sites. 5. The Pasco Comprehensive Plan designates the Central Pre-Mix area as a mineral resource land of long term significance. 6. The City of Pasco zoning designation of this site is Residential-Transitional(R-T). 7. The abutting properties to the west and northwest are also zoned R-T and have existing natural resource use on them. One of the properties is currently devoted to agricultural uses and the other is currently devoted to mineral resource and agricultural use. This property operates under an existing special permit which was approved by the City in 2004 with an expiration date of 2028. This special permit allows "sand and gravel extraction and processing, concrete batch plants, storage of equipment utilized in the extraction process or concrete making process and associated shop activities related to sand and gravel extraction or concrete processes". 8. The adjoining property to the east owned by Dale Adams is also zoned R-T and devoted to agricultural uses. 9. To the south of Harris Road a residential neighborhood, Rivershore Estates, is located and is currently zoned Residential Suburban 20,000 sq. ft. lot minimum (RS-20). There is also approximately 40 acres of land in an unincorporated area of Franklin County used for agricultural and a residence. 10. The Central Pre-Mix site currently operates under Pasco special permit #95-27 and#94- 89. These special permits allow a broad range of mineral extraction and related activities. Currently, Special Permit #95-27 allows the following on approximately 429 acres of land "...activities include sand and gravel extraction and processing, including rock crushing, concrete batch plants, storage of equipment utilized in the extraction and processing or concrete processes, office and shop activities and activities associated with sand and gravel extraction and processing or concrete processing". 11. In August of 2004 CPM and Dale Adams submitted an application to modify the Special Permit #95-27 to allow use of an HMA plant within the 443 acre CPM Pasco site. The City requested additional information, and in November 2004, CPM submitted an amended application with that additional information. The application was deemed complete on November 15, 2004. Near the end of November 2004, the City's SEPA responsible official issued a Determination of Significance (DS) requiring preparation of an Environmental Impact Statement (EIS) for the proposed HMA plant. The DS EXHIBIT 1 determined that the proposal was likely to have a significant adverse impact on the environment and identified 4 areas for discussion in a limited scope EIS. 12. Following a public meeting in December of 2004, the City's SEPA responsible official issued an addendum to the DS which added a fifth area to be addressed - the potential impact of fire.This occurred in January of 2005. 13. The DS that resulted in the limited scope EIS addressed the following 5 issues. (1) Odors (2) Noise Pollution (3) Truck and vehicular traffic and associated impacts (4) Potential ground water contamination (5) Potential impact of fire and explosion 14. The draft EIS was prepared by R.W. Thorpe and Associates. The DEIS was issued in January of 2006. The DEIS concluded that with mitigation measures proposed, unavoidable and probable significant adverse impacts resulting from the HMA plant would not occur. 15. The DEIS evaluated 3 alternatives for the Pasco site and 1 "no action"alternative. Under all 3 action alternatives the DEIS found that(1) The HMA plant would.result in minimal odors that generally, under prevailing weather conditions, would not be .noticeable from neighboring residences; (2) Daytime noise from the plant would not impact surrounding properties more than permitted by City noise regulations but nighttime noise from the plant would exceed code limits unless additional noise attenuation elements were implemented as proposed in one of the analyzed alternatives; (3) Traffic from the HMA plant would not significantly affect forecasted levels of service on streets near the site;(4) Potential ground water quality impacts are non-existent or could be mitigated by continued compliance with State and Federal regulations and (5) The risk of fire and explosion is remote. 16. Following issuance of the DEIS the City received comment letters from Federal and State agencies, a neighborhood interest group, neighboring property owners, a technical consultant and the applicants. As required by SEPA, the City included the comment letters in the Final EIS (FEIS) with responses. The FEIS was issued in May 2006. The FEIS identified several actions that could enhance regulatory measures which led to the conclusion that there are no unavoidable significant adverse impacts resulting from the proposed action. 17. There was no appeal of the FEIS. 18. In August of 2006 the Planning Commission conducted 2 separate public hearings (August 17 and August 24). Numerous citizens provided testimony at the public hearing in opposition to the proposal. The concerns expressed included concerns of: noise, odors, traffic, light pollution, ground water contamination, visual impacts, fire and explosion, potential reduction in property values and health related impacts of potential toxic emissions from the proposed HMA plant. 19. The residential development located across Harris Road to the south from the site (Rivershore Estates) and residents within Broadmoor Estates and Mediterranean Villas located approximately 1 mile northeasterly of the proposed HMA plant site, expressed concern that increased truck traffic, noise and odors associated with the operations of the plant were incompatible with their existing residential land uses. 20. Residents near the proposed HMA plant also expressed concern that their property values would decrease if the HMA plant was installed and operated as proposed. 21. The FEIS concluded that (1) Traffic from the HMA plant would not significantly affect forecasted levels on services of streets near the site; (2) Daytime noise from the plant would not impact surrounding properties more than permitted by the existing City noise regulations,but nighttime noise could exceed code limits unless noise attenuation devices EXHIBIT 1 were implemented into the design of the HMA plant; (3) The HMA plant would result in minimal odors under prevailing weather conditions that would not be noticeable by neighboring residences; 4) Potential ground water quality impacts are non-existent or could be mitigated by continued compliance with State and Federal regulations and (5) The risk of fire and explosion is remote. 22. The Planning Commission entered into deliberations on the proposal and adopted proposed Findings of Fact and Conclusions on September 21, 2006. The recommendation of the Planning Commission to the Pasco City Council was to adopt the Planning Commission Findings and Conclusions and deny the application for the special use permit. 23. CPM appealed the Planning Commissions' decision to the City Council. City Council held a closed record hearing in January of 2007, adopted the Planning Commission's recommendations and denied the special use permit. 24. CPM appealed the City Councils' decision to Franklin County Superior Court. 25. Franklin County Superior Court determined that the City's land use decision was an erroneous interpretation of law. The Court remanded the case to the City but did not direct the case to be handled in a particular manner or direct that the City arrive at a particular outcome. 26. After the issuance of the Remand Order, CPM and City representatives have met to discuss the process for the remand. 27. In October of 2008, the City Council adopted Resolution 3109 which specified that since the Council continues to sit on the matter on a quasi-judicial capacity, consideration of additional information should be first considered at an open record hearing before the Planning Commission. This open record hearing before the Planning Commission was to be contingent on the receipt of any additional environmental information as determined by the City's SEPA responsible official. 28. The environmental review is to consider additional information relating to a"state-of-the- art" HMA plant suggested by CPM and any related mitigation of impact associated with such a plant. 29. CPM submitted additional information in November of 2008. CPM was notified by the SEPA responsible official that the additional information is consistent with the City of Pasco's remand Resolution 3109. The City further specified that the FEIS should have an addendum attached which would allow assembly and dispersal of this information as appropriate. 30. The City identified the following information that was to be contained in the FEIS addendum; (1) a description of the plant design that has the effect of minimizing odors and/or a description of the odor control process that will be initiated by CAM; (2) a description of the noise levels produced by the plant while in full operation (expressed in decibel levels) at representative distances from the plant; (3) the height of the plant after full assembly including the height of the silos; (4) the height and design of the berm proposed for enclosing the plant; and (5) a description of the "continuous odor response program"and/or the complaint resolution process. 31. On January 29, 2009, the additional information requested by the City for the FEIS addendum was received and disbursed to appropriate State and Federal agencies and posted on the City's website. Neighboring property owners were also advised of the availability of the FEIS addendum by letter. 32. The FEIS Addendum of January 2009 indicates that CPM intends to install a new GENCOR 400 Ultra Plant instead of relocating the existing Richland IAC plant. 33. One of the sources of odor in the operation of HMA plants is the filling of the asphalt oil tanks(Declaration of Beth Hodgson—FEIS Addendum) EXHIBIT 1 34. .Franklin County is not regulated by a local Air Pollution Control Authority or Board, and as a result, individual businesses are not assessed a fee as would happen in an area so regulated. 35. The CORP submitted by CPM in the FEIS Addendum describes an internal process and does not involve oversight of an outside agency. 36. Noise modeling conducted by the applicant for the GENCOR 400 Ultra Plant indicates noise levels within the parameter of the Pasco Municipal Code for day/night levels. 37. The FEIS Addendum indicates that a landscaped berm will be installed beginning at the existing entrance to the office area on the west and continuing to a point approximately 500 feet east of the proposed access road to the HMA operations (as shown on the FEIS and FEIS Addendum). The berm is depicted as approximately 15 feet high on average and planted with a rye grass mixture. Landscaping between the berm and Harris Road is depicted as consisting of evergreen and deciduous trees with accent shrubbery (FEIS Addendum). 38. The .FEIS Addendum concluded that no additional probable significant adverse environmental impacts beyond those identified in the original FEIS are expected to occur. 39. Qualified evidence (testimony and exhibits) received prior to and at the hearing support the Responsible Official's SEPA Determination including those contained in the FEIS Addendum. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT 1. The Planning Commission hears this request in conformance with PMC 25.86.070. 2. The Planning Commission has jurisdiction in conformance with the above citation to consider and make recommendations to the requested City of Pasco special use permit SP06-010. 3. The City of Pasco is subject to the Growth Management Act Chapter 36.70 (A) RCW. The City's Comprehensive Plan and implementing development regulations must be consistent with the goals and requirements of the Growth Management Act (GMA). The City's development regulations must also be consistent with and implement the City's Comprehensive Plan. 4. The GMA requires conservation of designated mineral resource lands as shown in the City's Comprehensive Plan so that these lands "...will remain available to be used for commercial production". The GMA requires cities to adopt development regulations to assure conservation of mineral resource lands as designated under RCW 36.70(A) .060. 5. Consistent with GMA goals and requirements,the City of Pasco designated lands in Sections 7 & 12 that includes the Central Pre-Mix site, as mineral resource lands of long term commercial significance. The City also adopted policies that provide that these resource lands "be protected and preserved for future generations" (Pasco Comprehensive Plan 1995-2015, page 126). 6. In the City's Comprehensive Plan of 1995 the City indicated that mining could continue in the designated mineral resource area for 25 to 50 years. Special Permits #94-89 and #95-27 allow mining to continue on the Central Pre-Mix site until January of 2025. An additional special permit allows similar uses on the Wilson property until 2028. 7. The City adopted zoning regulations to assure the conservation of designated mineral resource lands by defining mineral resource uses to include "mineral extraction, quarrying, EXHIBIT 1 rock crushing or related activities such as a batch plant or a pre-mix plant". Such uses could be located in any zoning district upon approval of a special use permit. 8. On lands designated as mineral resource,asphalt or concrete batch plants are considered a use related to mineral extraction and therefore permitted in any zone upon approval of a special use permit. 9. The proposal is properly characterized as an industrial use which is allowed through special permit in the R-T zoning District. The concrete batch plant currently permitted on the site is also an industrial use. 10. In the absence of unmitigated substantial environmental impacts, the Planning Commissions' review and recommendation of the proposed plant is focused on determining the modifications that should be made to the proposal and what conditions should be placed upon the approval of the special use permit application to make it consistent with the special use permit criteria in the code. 11. The project conditions and mitigation measures described in the Final Environmental Impact Statement (FEIS, the FEIS Addendum and Special Permit 06-010 shall be implemented. Considering the proposal as mitigated by the conditions so contained, the proposal meets the criteria of the PMC 25.86.060. Special Use Permit Criteria PMC 28.86.060 1. The proposal is in accordance with the goals, policies, objectives, maps and or narrative text of the Comprehensive Plan. The proposed HMA plant is a use related to mineral extraction, quarrying or rock crushing. As a mineral resource use proposed for location on lands designated as mineral resource lands of long term significance, the proposed HMA plant is in accordance with the goals, objectives, maps and narrative text of the Comprehensive Plan. The Pasco Comprehensive Plan designates the approximate 443 acre Central Pre-Mix site as the only mineral resource land in the City. This is consistent with and implements the GMA mandate to assure conservation of lands designated as mineral resource lands of long term commercial significance. Consistent with these Comprehensive Plan policies,the location and operation of an HMA plant at the Central Pre-Mix Pasco site would allow for production of asphalt pavement materials using the sand and gravel from mineral extraction activities on the site. These materials are important for public and private projects in the Tri-Cities area. The proposed HMA plant is an appropriate continuation of the existing mineral resource use at the Central Pre-Mix Pasco site,consistent with the GMA and the City's Comprehensive Plan goals and policies. As mitigated with new"state of the art"plant and conditions set for the herein, the proposal may operate without violation of the limitation and intent of the RT zoning district. 2. The proposal will not adversely affect public infrastructure. The only public infrastructure affected by the proposed HMA plant is the surrounding street system. The FEIS did not address the impacts to Harris Road relating to the impact of repeated travel on the roadway by Central Pre-Mix trucks fully loaded with mining products. The FEIS instead addressed the level of service anticipated from the traffic at the proposed HMA plant. The EXHIBIT 1 FEIS recommended mitigation in the form of a payment of a proportionate share of such facilities required to address the traffic congestion as follows: • A 3%share of the traffic signal at I-182 eastbound ramp/Road 100 intersection. • A 6%share of a traffic signal at I-182 westbound ramp/Road 100 intersection. • A 6% share of a westbound exclusive right turn lane at the I-182 westbound off ramp/Road 100 intersection. • A 6% share of a southbound exclusive right turn lane at the 1-182 westbound off ramp/Road 100 intersection. Since the FEIS was prepared,public and City funds will be used to provide much of the required improvements as indicated originally in the FEIS. As a mitigating measure, as set forth in condition of approval number 11 below, Central Pre-Mix will instead transfer $250,000, (or the equivalent of in kind contributions) the amount of funds necessary to provide the road improvements indicated in the FEIS and allow those funds to be used to facilitate improvements to the Harris Road intersection with Road 100. 3. The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity. Since the mineral extraction and processing operation has been conducted since at least the 1950's,the existing character of the general vicinity is a mineral resource use. The site itself also has an intended character of the general vicinity by the designation through the City's comprehensive planning process as the area of a mineral resource land of long term significance. The HMA plant is an industrial use, and as conditioned by the measures contained in the FEIS, FEIS Addendum and Special Permit 06-010, will be constructed, maintained and operated to be in harmony with the natural resource character of the vicinity that the plant is located in. The Central Pre-Mix site and the surrounding lands that are designated as mineral resource lands are zoned R-T (Residential Transition). The mineral resource use on these lands is transitional and interim in nature-at least until the year 2028 when the latest special permit expires for extraction and processing of sand and gravel resources. When the mineral resources are depleted, the land will have to be reclaimed and restored for appropriate residential or urban development. RCW 36.70A.060(1)(b) requires that plats, development permits and building permits issued for activities within 500 feet of lands designated as mineral resource lands contain a special notice informing the permit seeker that mining related activities are likely to occur that may not be compatible with residential development. RCW 36.70A.060(1)(a) also states that "uses of land adjacent to mineral resource land shall not interfere with the continued use, in a custom manner and in accordance with best management practices, of these designated lands...for the extraction of minerals." The mitigation clarifications provided by CPM, including that a state of the art HMA Plant will be a GENCOR Ultraplant (or equivalent or better) which by design will provide continuous odor control and will not operate in excess of City of Pasco Nighttime noise levels, and the additional information contained in the FEIS Addendum, demonstrates that the proposal, as mitigated meets criteria number 3. Installation of an earthen berm and landscaping may enhance the character of the Central Pre-Mix site and will help insure the property will conform to the character of the area. EXHIBIT 1 4. The location and height of the proposed structures and the site design will not discourage the development of permitted uses on property in the general vicinity or impair the value thereof. The property in the general vicinity of the proposed HMA plant is designated as mineral resource lands of long term significance. Therefore any permitted uses on such property must assure conservation of these mineral resource lands. The location,height and site design of the proposed HMA plant will not discourage the development of the mineral resource activities on the designated land in the general vicinity. There is property not designated as mineral resource lands within 500 feet of the site in question. As noted, permitted development on such property cannot interfere with mineral resource use of the mineral resource lands. The location, height and site design of the proposed HMA plant has been considered through an FEIS and FEIS Addendum. Both have concluded that there are no unavoidable significant adverse environmental impacts on permitted uses on the properties that the proposed HMA plant is proposed for location. When the mitigation measures as identified in the FEIS, FEIS Addendum and Special Permit 06-010 are implemented, there is no substantial evidence that the HMA plant will discourage the development of permitted uses on properties in the general vicinity or impair their value. The HMA Plant in Pasco would be placed within the limits of the current excavated area, approximately 50 feet below the elevation of Harris Road and approximately 600 feet north of the north margin of Harris Road. CPM proposes an ingress/egress point from Harris Road to the HMA Plant approximately 2800 feet from the existing main entrance to the CPM site. The 15 foot berm would screen the Plant from nearby properties and Harris Road. 5. The operations in connection with the proposal will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic or flashing lights than would be the operation of any permitted uses within the district. On lands designated as mineral resource lands of long term significance, mineral .resource uses are the only uses allowed, provided they can meet the criteria for issuance of a special permit. Any uses that are inconsistent with mineral resource uses could not be allowed on the designated mineral resource lands because that would violate the GMA mandate that requires the development of regulations that assure the conservation of designated mineral resource lands. The City's FEIS and FEIS Addendum found that an HMA plant as proposed and mitigated would not result in any unavoidable significant adverse environmental impacts. Thus, as mitigated, the proposal will be no more objectionable than operation of any permitted use within the district. 6. The proposal will not endanger the public health or safety if located and developed where proposed,or in any way become a nuisance to uses permitted in the district. The FEIS, FEIS Addendum or record does not contain evidence that demonstrates the HMA plant will endanger the public health or safety or become a nuisance to uses permitted in the district. The FEIS and FEIS Addendum find that the proposal, as mitigated, does not result in any unavoidable significant adverse impacts relating to odor, noise, traffic, ground water quality or fire or explosion; and should not become a nuisance or endanger the public health and safety of nearby residences. As mitigated and under the conditions herein, the proposal should not become a nuisance to uses permitted in the district. EXHIBIT 1 CONDITIONS OF APPROVAL 1. Installation of a GENCOR model 400 Ultra Plant model year 2008 or newer(or equivalent or better plant("Plant"). 2. Retrofit the new asphalt oil tanks with an odor control device as described in February 19, 2009 letter from Laurie Pinard (Exhibit #24) — specifically a 6 foot fiber bed or better as approved by the Department of Ecology. 3. The entire HMA Plant footprint and working area shall be paved to limit potential for groundwater contamination. The access road to the Plant from Harris Road will be paved to allow simultaneous truck ingress/egress to the property and Plant. 4. Establish a separate ingress/egress road for HMA operations at the location indicated in the FEIS and FEIS Addendum. 5. New diesel fuel tanks shall be double walled or secondarily contained to prevent potential groundwater contamination 6. Follow best management practices for sand and gravel general permits for the HMA Plant footprint and working area.Best management practices may include,but are not limited to: • Using water or chemical dust suppressants on particulate matter(PM)containing surfaces (i.e. haul roads) and/or materials prior to and during activities that may release PM into the air. Re-application may be required periodically to maintain effectiveness; • Managing activity during high winds, if the winds are likely to cause the release of PM into the air; • Using covered chutes and covered containers when handling, transferring, and/or storing PM containing materials; • Minimizing the free fall distance, i.e. drop height, of PM containing materials at transfer points such as the end of conveyors, front end loader buckets,etc.; • Managing vehicle loads with potential of release of PM with appropriate covers or freeboard consistent with applicable laws; • Minimizing exposed areas of PM containing materials such as storage piles, graded surfaces, etc, and/or using tarps or chemical dust suppressants to minimize releases to the air; and/or • Limiting vehicle speed to less than 15 miles per hour on unpaved surfaces; • Consolidating storage piles whenever possible; • Managing stockpile loader and haul truck travel to control release of PM. 7. Modify the existing storm water pollution prevention plan,erosion and sediment control plan and spill response plan to accommodate the HMA plant in conformance with accepted industry standards and applicable local and State law and regulation. S. Configure the plant so the burner points north or away from Harris Road. 9. The new Plant will be required to meet City of Pasco noise standards for all day and night applications. EXHIBIT 1 10. Periodic maintenance, including but not limited to water of interior roads, for the HMA access road and plant area must occur so that there is no fugitive dust caused by HMA operations. 11. Following all Plant permitting, CPM shall deposit into an escrow account accepted by the City the sum of $250,000 which shall be used by the City for partial funding of the construction of the west portion of the intersection of realigned Harris Road at Road 100/Sandifur Parkway. The City shall draw down this account as necessary. In the case of CPM contribution of material or equipment towards this construction, the City shall reimburse CPM through this escrow account at rates approved by the City. 12. Provide secondary containment facilities meeting accepted industry standards for asphalt oil tanks in the event of a spill. 13. Provide industry accepted training of personnel and safe operational practices for maintenance and repairs. 14. Maintain a"no vegetation"buffer around the HMA Plant. 15. Use shielded site lighting so that the edge of the shield is below the center of the light source. Light spillage shall not occur off site. Submit cut sheets for lighting proposed to the City for approval prior to installation. 16. Install the view obscuring landscaped berm as identified and designed in the FEIS Addendum, at a minimum height of 15 feet, including landscaping and supporting irrigation system. Maintain the landscaping in a healthy weed/debris free condition allowing trees/shrubs to reach an expected mature height. 17. Comply with all applicable local and State regulations. 18. This Special Use Permit shall be reviewed no later than 5 years after the Plant commences operations at a public hearing before the Planning Commission. Review shall consist of but not be limited to a report from CPM or the current owner on conformance with the terms of the NOC as issued by the Department of Ecology; conformance with the terms and conditions of SP 06-010 including the Continuous Odor Response Program and an inventory of all complaints received and their disposition. 19. Operation of the Plant must commence no later than 18 months after issuance of the NOC, unless extended by Ecology, or the Special Permit will be null and void. If the NOC is extended by Ecology and new or more stringent standards are developed during that period, the more restrictive standards will apply. 20. The Special Use Permit 06-010 shall expire on January V,2025 21. Develop and implement an Air and Odor Program including as follows: EXHIBIT 1 AIR AND ODOR PROGRAM The following shall be the minimum standards applied to the HMA Plant site. 1. The HMA Plant shall be constructed and operated consistent with federal, state and local laws and regulations. 2. The GENCOR Ultraplant (or approved equal or better) including the baghouse, Blue Smoke Recovery System (silo-filling control), and the Filter Technology Fiberbed filter (asphalt cement storage tank control) (or approved equal) shall be maintained in good operating condition according to the manufacturer's recommendations. 3. An operation and maintenance (O&M) plan shall be developed prior to operation of the asphalt plant. Manufacturer O&M plans/manuals are generally acceptable. Once developed the O&M plan shall be followed. A copy of the O&M plan shall be kept on site and filed with the City. Operation and maintenance records shall be kept continuously for the previous 24 months of operation and shall include, at a minimum, the following: a. Normal operating parameters/conditions for each of the equipment involved in the overall process, including baghouse operational temperature and pressure drop,and fiberbed pressure drop; b. A preventative maintenance schedule, including frequency of fiberbed media cleaning and replacement; c. Logs of actual maintenance inspections and observations made during inspections; d. Dates and nature of any other operations and maintenance activities performed; e. Times,dates,and position of bag failures and replacements in the baghouse; f. Daily readings of the temperature in the baghouse; g. Daily readings of the pressure drop across the baghouse; h. Readings of the fiberbed pressure drop during each filling of the asphalt cement storage tanks. i. Description of any corrective actions taken for abnormal events. j. Records shall be kept on-site and made available to City personnel for on-site review upon request. 4. CPM shall at all times be in compliance with the Pasco HMA Plant NOC issued by the Department of Ecology and the conditions of this Air and Odor Program concerning the following factors (including completion and documentation of corrective actions with respect thereto): EXHIBIT 1 a. Only natural gas or propane shall be burned in the hot oil heater. Prior to burning other fuel in the heater, Ecology approval is first required, followed by City approval; such City approval will not be unreasonably withheld. b. The drum dryer-mixer baghouse exhaust stack minimum height exhaust direction, and flow obstructions(elbows,tees, caps, etc...) at the top of the stack which impede vertical flow of the exhaust(if any are permitted). c. Combined particulate emission concentrations from the drum dryer-mixer baghouse exhaust stack (front half and back half condensable and non- condensable). d. Unless otherwise approved by Ecology following review and comment by the City, combined Volatile Organic Compound (VOC) emissions from the asphalt plant drum dryer-mixer and silo-filling operations shall not exceed 3.48 pounds of VOC per hour when burning natural gas or propane. Compliance with the VOC emission limit shall be determined by EPA Method 25 or 25A, or Ecology approved alternative method. City may require testing for this limit at any time, including but not limited to,occasions when asphalt odors are detected by agency personnel, and are suspected to originate from the plant. e. Required performance test(s) on the drum dryer-mixer baghouse exhaust to demonstrate compliance with the emission and opacity limits established in the Pasco HMA Plant NOC. • City must have at least 48 hours prior notice of the exact date and time that the performance test(s)will be conducted. • A report of the performance test results must be submitted to City no later than 90 days after each performance test is completed. f. The drum dryer-mixer baghouse pressure drop. g. Venting of emissions from silo-filling operations. h. The hot oil heater exhaust stack minimum height, exhaust direction and flow obstructions (elbows, tees, caps, etc...) at the top of the stack which impede vertical flow of the exhaust(if any are permitted). i. Opacity of visible emissions from the drum dryer-mixer baghouse exhaust stack, hot oil heater exhaust stack, asphalt cement tank filter, and associated operations, as determined using EPA Reference Method 9. The odor control device(s) on the asphalt cement storage tank(s), which shall be a fiberbed filter(or equivalent). At a minimum, visible emissions from the drum dryer-mixer baghouse exhaust stack, hot oil heater exhaust stack, asphalt cement tank filter, and associated operations shall not exceed 10% opacity, during any six minute average as interpreted by the Department of Ecology and as determined using EPA Reference Method 9. j. Unless otherwise approved by Ecology following review and comment by the City, the recycled asphalt content shall not exceed the lower of either: i)25 EXHIBIT 1 percent(by weight) of recycled asphalt; or ii)the percent(by weight) which was processed through the drum dryer-mixer, during the most recent compliant performance test based on a 1-hour average. The percent(by weight) of recycled asphalt in the asphalt mix shall be recorded each hour that recycled asphalt is processed in the drum dryer-mixer. Records of the recycled asphalt content (by weight) shall be kept on site for the previous two years of operation and made available to Ecology and to City personnel for on-site inspection,upon request. k. Notification of any applicable upset conditions, breakdowns, or failures of air pollution control equipment associated with the facility. The City shall receive a copy of any notification required to be provided to Ecology. 1. Determination of the average hourly asphalt production rate and maintenance of production records. m. Production records and their retention and availability to Ecology. 5. Only natural gas, propane, diesel (aka fuel oil #2), or used oil shall be burned in the asphalt plant drum dryer-mixer. Fuel burned in the drum dryer-mixer shall meet the following requirements: a. When burning diesel, the fuel sulfur content shall be 0.05% by weight or less. Records shall be kept, documenting the sulfur content of the fuel supplied to the equipment. Invoices showing that each load of fuel received was low sulfur grade fuel are sufficient. Records shall be kept on site for the previous two years of operation and made available to the City personnel upon request. b. When burning used oil, the fuel shall not exceed any of the following specification content limits,by weight,as determined using the standard methods referenced in the most current version of ASTM D6448 "Standard Specification for Industrial Burner Fuels from Used Lubricating Oils" or City approved alternative method(s). Specification Limit ASH 0.8%(maximum by weight) SULFUR 0.5%(maximum by weight) ARSENIC 5 ppm(maximum by weight) CADMIUM 2 ppm(maximum by weight) CHROMIUM 10 ppm(maximum by weight) LEAD 100 ppm(maximum by weight) TOTAL HALOGENS 1000 ppm(maximum by weight) PCB's 2 ppm(maximum by weight) FLASH POINT 100°F(minimum) Records shall be kept that verify each batch of used oil burned is in compliance with the specification limits established above. Such records shall include certifications from the EXHIBIT 1 used oil supplier and/or any tests performed on the used oil to verify compliance with the specifications established above. Valid certifications from the supplier must be based on actual tests performed on the oil, using the standard methods referenced in the most current version of ASTM D6448 "Standard Specification for Industrial Burner Fuels from Used Lubricating Oils" or City approved alternative method(s). Records shall be kept on site for the previous two years of operation and made available to City personnel upon request. 6. Records shall be made available for review by City personnel upon request, provided however, that records determined by Ecology to be protected by RCW 70.94.250 shall not be disclosed to any party other than to Ecology and will be made available only for confidential use by Ecology. 7. Prior to commencement of operations of asphalt plant operations, CPM shall submit and receive approval from the City's CEDD a fugitive dust control plan that identifies reasonable precautions to; a. prevent particulate matter (PM) from becoming airborne from storage piles, transfer points,traveled surfaces, staging areas,parking areas,and other sources of particulate matter(i.e. dust); b. prevent the deposition of particulate matter onto the property of others or beyond the facility property line;and c. prevent the deposition of particulate matter(PM)onto paved public roadways. 8. Any CPM continuous odor response plan (CORP) approved by Ecology must also receive approval by City prior to commencement of asphalt plant operations (excluding necessary testing required by Ecology). Once approved by the City, the odor response plan shall be followed. Revisions or modifications to the plan shall receive written approval by the City prior to implementation. a. The CORP shall include, but not be limited to specific identification and telephone numbers of CPM Plant personnel or others for receipt of and response to all complaints. b. The CORP shall include the requirement that CPM notify the City (CEDD) of all complaints received and their disposition. c. The plan shall identify the actions CPM will take upon receipt of an odor complaint, including verifying the plant is operating in accordance with the Operation and Maintenance plan required in the Pasco HMA Plant NOC and all plant equipment is functioning properly. 9. If the City receives an odor complaint, it shall notify CPM upon receipt. The City may investigate independently any odor complaints. If the City believes, based on its investigation that the odors originate from the CPM Pasco HMA Plant, the City may engage an independent investigator qualified in odor response and enforcement to further investigate the complaint in accordance with Section 10.c.i below. EXHIBIT 1 10. With respect to odor complaints made pursuant to Section 9 above, the City may take enforcement action under this Program (including engaging an independent investigator at CPM's expense) if the Director of Community and Economic Development or a duly authorized representative has documented all of the following: a. The detection by the Director or a duly authorized representative of an odor at a level 2 or greater, according to the following odor scale: Level 0— no odor detected; Level 1 — odor barely detected; Level 2— odor is distinct and definite,any unpleasant characteristics recognizable; Level 3 — odor is objectionable enough or strong enough to cause attempts at avoidance;and Level 4— odor is so strong that a person does not want to remain present. b. An affidavit from a person making a complaint that demonstrates that they have experienced odor emissions of an intensity equal to or greater than level 2 on the scale set forth above and a sufficient duration so as to unreasonably interfere.with their enjoyment of life and property;and c. The source of the odor(the HMA Plant)which shall be confirmed by the Director of Community and Economic Development, following receipt and review of: i. The data and report of the independent investigator retained by the City,provided that the independent investigator shall .notify CPM of the time and place of the investigation and a CPM representative may accompany the independent investigator;and ii. The Investigation Report prepared by CPM pursuant to the City-approved CORP. d. The cost of the independent investigator shall be paid by CPM. Payment shall be made within thirty(30)days of receipt of invoice from City. ] I. The City may take enforcement actions against CPM under Title 11 PMC or other applicable law, including but not limited to the issuance of civil violations under PMC 11.02.050; abatement under PMC 11.02.070 which may include suspension of Plant operations until applicable problems are corrected and revocation of the special permit as set forth in PMC 25.86.130 subject to the limitations set forth below: a. Mechanical failures resulting in odor complaints shall be limited to monetary penalties under PMC 11.02.050 & .060. except for persistent failure or failure caused by nonconformance with the 0&M Plan. b. In the event of persistent violation of the terms of this Special Permit, the Air and Odor Program, the NOC or any other severe and continuous violation of odor or emissions standards, the City may invoke its revocation authority set forth in PMC 25.86.130. 12. The City's Director of Community and Economic Development, or duly authorized representative, shall be allowed to enter the facility premises at reasonable times to inspect equipment and/or records specific to the control, recovery, or release of EXHIBIT 1 contaminants into the atmosphere in accordance with RCW 70.94.200. No person shall obstruct, hamper or interfere with any such inspection. The City shall provide advance notice of any such entry, except in cases of emergency, and City personnel shall comply with all applicable safety rules and regulations. CPM shall provide any required Personal Protective Equipment at CPM's expense. 13. Nothing in this Program shall be construed to impair any cause of action or legal remedy of any person, or the public for injury or damages arising from the emission of any air contaminant in such place, manner or concentration as to constitute air pollution or a common law nuisance. 14. This document may be modified as agreed by the parties to comply with any Department of Ecology conditions of permit issuance. In the event of a conflict between this Program and Department of Ecology standards or conditions,the more restrictive shall govern. 15. References in this Air and Odor Program to the Department of Ecology shall mean such other local air pollution control authority with jurisdiction in the City that may be established under Chapter 70.94 RCW or other applicable law during the term of this permit.