AGENDA DATE: 2/1/2023
TITLE:
Title
Certifications of Compliance of S.L. Williamson Asphalt Plant
BODY
SUBJECT/PROPOSAL/REQUEST: To authorize two Certifications of Compliance of the S.L. Williamson Asphalt Plant
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Walker, Rosenberg, Herrick, Filardo, Svoboda
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: The Board of Supervisors approved Special Use Permit “SP201900009 - S. L. Williamson Replacement Asphalt Plant” on January 19, 2022. As part of its Resolution to Approve, the Board specifically found that the proposed plant would:
1. not be a substantial detriment to adjacent parcels;
2. not change the character of the adjacent parcels and the nearby area;
3. be in harmony with the purpose and intent of the Zoning Ordinance, with the uses permitted by right in the Natural Resource Extraction overlay zoning district, and with the public health, safety, and general welfare (including equity); and
4. be consistent with the Comprehensive Plan.
On January 6, 2023, the property owner alerted the Zoning Administrator of two Department of Environmental Quality (DEQ) forms requiring certifications of the local governing body specifically.
STRATEGIC PLAN: Economic Prosperity - Foster an environment that stimulates diversified job creation, capital investments, and tax revenues that support community goals.
DISCUSSION: The attached DEQ forms (Attachments A and B) are provided to the Board as a statutory requirement (Attachment C) that apply to air quality applications received by DEQ after July 1, 1990. The state law specifically refers to “the governing body” as the entity that verifies that the source facility’s location and operation are consistent with applicable local ordinances. Staff believes that by approving a special use permit, the Board has found the S.L. Williamson Asphalt Plant both to be located in a suitable location and consistent with applicable local ordinances.
BUDGET IMPACT: No budget impact is associated with this certification.
RECOMMENDATION:
Recommendation
Staff recommends that the Board authorize certification of the forms attached as Attachment A and Attachment B, confirming both that the S.L. Williamson Asphalt Plant is located in a suitable location and is consistent with applicable local ordinances, as required by DEQ.
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ATTACHMENTS:
Attachment A - DEQ Site Suitability Form
Attachment B - DEQ Local Governing Body Certification Form
Attachment C - VA Code § 10.1-1321.1