§ 1041-9. EJ Factors  


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  • A Proposed Project shall be considered a public nuisance if the EJ Examiner finds there is a reasonable basis to conclude that the Proposed Project will present an excess cancer risk, excess risk of acute health effects, or excess risk in the event of an accident. In applying the EJ Standard to a Proposed Project, the EJ Examiner shall consider the following factors:

    (a) Reasonably available demographic information on the community within which the Proposed Project is located, including demographic maps and environmental maps from:

    (1) The Department of City Planning and/or the Department of Community Development of the City of Cincinnati.

    (2) The U.S. EPA.

    (b) Reasonably available information on the pollution burden borne by the community within which the Proposed Project is located from nearby sources, including:

    (1) Number of pollution sources that potentially impact the community within which the Proposed Project is located,

    (2) Proximity of the sources to the community within which the Proposed Project is located,

    (3) Emission information, including total toxic emissions and total criteria air pollutant emissions,

    (4) Major roads and traffic routes,

    (5) Parks and greenbelts,

    (6) Areas of lead contamination,

    (7) Number of currently licensed, registered, closed, or deregulated solid waste management and/or transfer facilities; superfund sites; hazardous waste sites.

    (8) Actual measured air quality data collected by the Hamilton County Department of Environmental Services.

    (c) Reasonably available information on the prevalence of disease in the community within which the Proposed Project is located, including:

    (1) Prevalence of various cancers,

    (2) Prevalence of asthma,

    (3) Prevalence of heart disease.

    (d) Reasonably available information on the presence of sensitive receptors within one mile of the Proposed Project, including:

    (1) Residences,

    (2) Schools,

    (3) Hospitals,

    (4) Elder care or special needs facilities,

    (5) Daycare centers.

    (6) Public parks or playgrounds.

    (e) The public health, safety and welfare of the applicable community within which the Proposed Project is located.

    (f) Increases in the emission of criteria and hazardous air pollutants caused by the Proposed Project and the air dispersion characteristics of the proposed projects.

    (g) Whether the Proposed Project itself would cause an excess cancer risk. Information regarding the releases of contaminants that could occur from a reasonably foreseeable accident and the air dispersion characteristics of those releases, including information submitted by the applicant regarding a detailed risk analysis to the surrounding community in the event of an accident at the Proposed Project.

    (h) Other information provided by applicant and/or the public about these factors and the EJ standard.

(Ordained by Ord. No. 0210-2009, § 1, eff. July 24, 2009)