Section 648. Uses Not Permitted Within Corporate Limits.
A. Prohibited Uses. Regardless of the interpretation of the above uses, the following uses are, unless specifically authorized by the City Council, specifically prohibited in the City of Phoenix:
1. Coking ovens.
2. Division 1.1, Division 1.2, Division 1.3, Division 1.4, Division 1.4S, Division 1.5, and Division 1.6 explosives, including detonators and detonating cord, and blasting agents, fireworks, black powder and ammunition plants (manufacturing and permanent storage). This section does not preclude limited storage of black powder, smokeless powder, and special industrial explosive devices classified as Division 1.4S explosive materials which are regulated by the Fire Code.
3. Manufacture of sulphuric acid, phosphoric acid, phosphates, coal tar products and any other primary chemicals.
4. Incineration and/or reduction of garbage, sewage, offal and dead animals, except a mechanical process for the biological decomposition of garbage.
5. Match factories.
6. Oil refineries.
7. Smelters and reduction of metals from their ores by heat.
8. Steel plants including rolling mills, sheets and plate mills, wire and tube mills.
9. Thermal treatment of contaminated soil or debris or storage of contaminated soil brought from off-site, not including air pollution control or environmental remediation facilities.
10. Prison, excluding any prison existing as a conforming or nonconforming use prior to the adoption of this amendment. Any prison existing prior to the adoption of this amendment shall be permitted to house any inmates who have not been convicted of committing a serious offense, as defined by A.R.S. § 13-604, paragraph V, subparagraph 3, or a dangerous crime against children, as defined by A.R.S. § 13-604.01, paragraph L, subparagraph 1, as may be amended.
11. All facilities where compensation is exchanged for the purpose of treating, storing, or disposing of hazardous waste that was not generated on-site are prohibited from:
a. Treating or disposing of hazardous waste in a landfill, land treatment facility, container, pile, miscellaneous unit, surface impoundment, tank, cesspool, septic tank or injection well;
b. Treating or processing solid waste that contains:
(1) More than fifty parts per million of polychlorinated biphenyls;
(2) Materials classified as explosives or munitions by either the U.S. Department of Transportation or the U.S. Environmental Protection Agency;
(3) Substances that are unstable or have become unstable as a result of chemical reactions;
(4) Mixed radioactive hazardous wastes;
c. Thermally treating hazardous waste, which shall not be construed to include air pollution control devices ancillary to other waste treatment or disposal operations;
d. Combusting hazardous waste as fuel in a boiler or industrial furnace;
e. Storing hazardous waste on-site for more than ten days in aircraft, watercraft, motor vehicles, trailers, shipping containers, or rail cars; and
f. Treating or disposing of hazardous waste outside of an enclosed building.
This subsection does not prohibit remedial actions or corrective actions that have been approved by the Arizona Department of Environmental Quality or the U.S. Environmental Protection Agency pursuant to A.R.S. tit. 49, ch. 2, art. 5; A.R.S. tit. 49, ch. 5; A.R.S. tit. 49, ch. 6; or 42 United States Code Sections 6921 to 6991i, and Sections 9601 to 9675. This subsection shall not be construed to apply to solid waste facilities defined in A.R.S. § 49-701.
B. Authorization With Stipulations. Authorization by City Council of any of the otherwise prohibited uses listed in paragraph A above may be conditioned upon compliance with stipulations controlling, regulating, restricting, or prohibiting the production or emission of odors, dust, gas, noise, vibration, smoke, heat or glare, hazardous substances, and such authorization may include other stipulations calculated to assure compatibility of the authorized use with adjacent property, the neighborhood and the public welfare in general. In order to assist in developing appropriate stipulations, an applicant for authorization under this subsection must submit information explaining the potential impacts the authorized activity would have on other land uses during times of normal operation and malfunctions. This information may include, but is not limited to, quantities and the chemical name of hazardous substances that may be present at the facility; detailed descriptions of construction design, facility layout and processing of hazardous substances; distances to schools, licensed day care centers, hospitals, airports, State highways, interstate freeways, potable water treatment plants and potable water storage reservoirs within five miles of the facility; analysis of the frequency, times of day, and nature of truck, rail and other traffic to and from the facility; quantification of health risks from potential emissions of hazardous substances to the air, water, soil and groundwater, considering both controlled and uncontrolled emissions; measures to prevent, mitigate, and respond to releases of hazardous substances from the facility; the geographic area that could be potentially affected if there were a fire or other uncontrolled release of hazardous substances at the facility, and the nature of any such impacts; analysis of the effectiveness of air pollution control devices that would be employed; equipment and techniques to prevent and suppress fires, explosions, spills, and leaks at the facility; and such other devices, techniques, buffer zones, emergency response plans and equipment that may be necessary to prevent or mitigate the effect of releases of hazardous substances at or from the facility.
C. Failure To Comply. Failure to comply with any of the conditions described in paragraph B may result in revocation by City Council of a specific authorization.
D. Definitions. The following definitions shall apply to this section:
Discharge means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping into or on any land or water.
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any substance so that the substance or any constituent thereof may enter the environment.
Facility means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing of hazardous substances. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them).
Generator means any person, by site, whose act or process produces hazardous waste identified or listed in 40 Code of Federal Regulations part 261 or Arizona Administrative Code R18-8-261, or whose act first causes a hazardous waste to become subject to regulation.
Hazardous substance means a substance as defined in A.R.S. § 49-201(18), and petroleum.
Hazardous waste means a hazardous waste as defined in 40 Code of Federal Regulations Section 261.3 or Arizona Administrative Code R18-8-261.
Incinerator means any enclosed device that:
1. Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, carbon regeneration unit, or industrial furnace; or
2. Is an infrared incinerator or plasma arc incinerator.
Industrial furnace means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
1. Cement kilns.
2. Lime kilns.
3. Aggregate kilns.
4. Phosphate kilns.
5. Coke ovens.
6. Blast furnaces.
7. Smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machine, roasters, and foundry furnaces).
8. Titanium dioxide chloride process oxidation reactors.
9. Methane reforming furnaces.
10. Pulping liquor recovery furnaces.
11. Combustion devices used in the recovery of sulfur values from spent sulfuric acid.
12. Halogen acid furnaces for the production of acid from halogenated hazardous waste where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least three percent, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of twenty percent as-generated.
13. Such other devices as the Planning and Development Director may, after notice and comment, add to this list on the basis of one or more of the following factors:
(a) The design and use of the device primarily to accomplish recovery of material products;
(b) The use of the device to burn or reduce raw materials to make a material product;
(c) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(d) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(e) The use of the device in common industrial practice to produce a material product; and
(f) Other factors, as appropriate.
Injection well means a well into which fluids are injected. (See also Underground injection.)
Landfill means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.
Miscellaneous unit means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 Code of Federal Regulations part 146, containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under 40 Code of Federal Regulations Section 270.65, or staging pile.
Munitions means all ammunition and components, including confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof, however, the term does include non-nuclear components of nuclear devices, managed under the U.S. Department of Energy’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.
On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing, as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.
Pile means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
Solid waste means a solid waste as defined in 40 Code of Federal Regulations Section 261.2.
Storage means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, manmade excavation, or diked area formed primarily of earthen materials (although it may be lined with manmade materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
Thermal treatment means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation, and microwave discharge.
Treatment means any method, technique, or process, including neutralization, intended to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste nonhazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.
Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension.
Unstable means the propensity of a substance to detonate, polymerize, violently decompose, emit toxic gases, become self-reactive or otherwise undergo a rapid chemical change. (Ord. No. G-3493, 1992; Ord. No. G-3675, 1993; Ord. No. G-3786, 1994; Ord. No. G-3867, 1995; Ord. No. G-4255, 2000; Ord. No. G-4269, 2000; Ord. No. G-4887, 2007)