[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
No
license for the construction and operation of a solid waste disposal
area, waste processing facility or transfer station shall be issued
nor shall such a facility be operated until and unless the applicant
acquires public liability insurance approved by the Division Director
governing all proposed operations of the applicant pertaining to the
business of constructing and operating a solid waste disposal area,
waste processing facility or transfer station, as the case may be,
and covering all vehicles to be operated in the conduct thereof. The
insurance shall be with an insurer acceptable to the Division Director
and shall include coverage in one (1) policy or multiple policies
for any contractors or subcontractors engaged by the insured for such
business. Evidence of such insurance shall be filed with the Division
Director. The minimum limits of insurance for public liability and
auto liability shall be five hundred thousand dollars ($500,000.00)
for bodily injury to each person; two million dollars ($2,000,000.00)
for total bodily injury for each occurrence; and two million dollars
($2,000,000.00) for property damage for each occurrence. Total combined
coverage per occurrence of two million dollars ($2,000,000.00) for
bodily injury and property damage shall meet the requirement of this
Chapter.
B.
No
license for the construction and operation of a solid waste disposal
area, waste processing facility or transfer station shall be issued
nor shall such a facility be operated until and unless the applicant
provides insurance with Workers' Compensation insurance, with minimum
limits as set by law. The insurance must be approved by the Division
Director and shall be with an insurer acceptable to the Division Director
and shall include coverage in one (1) policy or multiple policies
for any contractors or subcontractors engaged by the insured for such
business.
C.
No
insurance policy required by this Section shall be approved by the
Division Director unless it provides that notice will be given by
the insurer in the event the policy is terminated or canceled.
D.
The
insured shall give notice to the Division Director if any policy required
by this Section is terminated or canceled.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
No
person shall construct or operate a solid waste disposal area, waste
processing facility or transfer station without providing a bond for
operation of the facility as provided by this Section. If the facility
is a landfill, the bond must be approved by the County Counselor.
The bond shall be in the amount of fifteen thousand dollars ($15,000.00)
per acre of landfill estimated in the waste facility plan to contain
the working face during the next year. The bond shall be as stated
in the waste facility plan for a waste processing facility or transfer
station. The bond may be a cash or corporate bond. If a cash bond
is offered, the cash shall be deposited with the St. Charles County
Finance Department, which shall give a receipt therefore. If a corporate
bond is offered, it shall be executed by a surety or guaranty company
qualified to transact business in the State of Missouri and filed
with the St. Charles County Finance Department. The bond shall assure
the following:
1.
That the operator and the operator's agents and employees will comply
with all terms, conditions, provisions, requirements and specifications
of the approved waste facility plan and license.
2.
That the operator and the operator's agents and employees will comply
with all ordinances, rules regulations, Statutes, and other laws of
the County and of authorities having jurisdiction over the facility.
3.
That the operator will save harmless the County from any expense incurred through the failure of the operator or the operator's agents and employees to operate and maintain such facility as required by this Chapter, including any expense to which the County may be put for correcting any condition or violation of this Chapter by the County, in accordance with Section 240.1190 and any damages accruing to the County arising out of the negligence of the operator, the operator's agents or employees.
[Ord. No. 01-061 §§1—8, 5-30-2001]
No person shall construct or operate a solid waste disposal
area, waste processing facility or transfer station without providing
either a bond required for closure imposed pursuant to Section 260.226,
RSMo., or a bond as provided by this Section for closure. If a bond
is not provided or required by Section 260.226, RSMo., then the bond
provided pursuant to this Section shall be in an amount, as set forth
in the waste facility plan and modified by the renewal license process,
which assures that the facility will be properly closed if events
occur within the two (2) year period following the beginning of the
most recent licensing or renewal period which would require that the
facility be closed. The bond may be a cash or corporate bond. If a
cash bond is offered, the cash shall be deposited with the St. Charles
County Finance Department, which shall give a receipt therefore. If
a cash bond is offered, the interest may be used to fulfill the bond
obligation if necessary; however, to the extent such interest remains
unused at the expiration of the bond, it shall be returned to the
person providing the bond. If a corporate bond is offered, it shall
be executed by a surety or guaranty company qualified to transact
business in the State of Missouri and filed with the St Charles County
Finance Department. The bond must be approved by the County Counselor.
[Ord. No. 01-061 §§1—8, 5-30-2001]
No person shall operate a solid waste disposal area, waste processing
facility or transfer station which does not provide the bond required
for post-closure maintenance as described in or as may be imposed
pursuant to Section 260.227, RSMo.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
No
person shall operate a solid waste disposal area, waste processing
facility or transfer station in a manner that does not comply with
the waste facility plan approved by the Division Director or County
Council for such facility and which does not comply with the requirements
of this Chapter pertaining to operation of such facility. Failure
to comply with the waste facility plan or the requirements of this
Chapter pertaining to operation of a solid waste disposal area, waste
processing facility or transfer station shall be a violation by the
person in whose name the license is issued, as well as every agent,
employee or contractor assigned to construct or operate the facility
who:
1.
Performs acts precluded by the waste facility plan or this Chapter;
or
2.
Fails to conduct actions required by the waste facility plan or this
Chapter; or
3.
Fails to maintain conditions required by the waste facility plan
or this Chapter; or
4.
Maintains conditions prohibited by the waste facility plan or this
Chapter.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Sanitary
landfills shall be operated in the following manner:
1.
Incoming waste shall be spread in layers not to exceed two (2) feet
in thickness and compacted to reduce it to the smallest practical
volume.
2.
Following compaction, waste shall be confined to the smallest practical
area on the working face.
3.
At the conclusion of each day, the waste received and compacted that
day shall be covered with a layer of daily soil cover or approved
alternate material which shall not be less than six (6) inches in
thickness. The material used for daily cover shall be the material
specified for such purpose in the waste facility plan. Daily cover
must be applied regardless of weather. The material used as a daily
cover material must be available under all weather conditions and
a minimum fifteen (15) day stockpile of such cover must be maintained
at all times.
4.
A responsible supervisor shall be present at the disposal area at
all times when the area is open to receive waste and shall monitor
the receipt of waste to assure that no unpermitted waste is accepted
for disposal at the landfill.
5.
Bulky waste, including furniture, shall be crushed on solid ground
and pushed onto the working face near the bottom of the cell.
6.
Demolition and construction waste, tree stumps and large timber shall
be pushed onto the working face near the bottom of the cell.
7.
Dead animals weighing less than forty (40) pounds shall be placed
on the working face with other waste and covered immediately with
waste or soil.
8.
Dead animals weighing forty (40) pounds or more shall be placed in
an excavated pit of waste in the cell and covered with four (4) feet
of compacted soil.
9.
Water treatment plant sludge containing no free liquid and digested
wastewater treatment plant sludge (biosolids) containing no free liquid
shall be placed on the working face along with solid wastes and covered
with soil or solid waste immediately, unless operating permit conditions
specify alternate handling methods including blending for cover material
usage. The Division Director shall determine or modify the quantities
to be accepted based on the operational conditions encountered on
the working face.
10.
Incinerator and air pollution control residues shall be incorporated
into the working face and covered frequently enough to preclude residues
from becoming airborne.
11.
Surface watercourses and runoff shall be diverted from the landfill.
Sanitary landfill construction and operation shall include grading
to promote rapid surface water runoff without excessive erosion. The
grade shall not exceed thirty-three and one-third percent (33 1/3%).
Surface watercourses shall be constructed and runoff shall be controlled
to handle a twenty (20) year rainfall frequency.
12.
The landfill shall not be operated if the actual separation between
the lowest point of the lowest cell and the actual maximum water table
is less than fifteen (15) feet unless the waste facility plan as approved
specifies otherwise.
13.
The landfill shall not be operated if the actual bedrock or engineered
protection approved in the waste facility plan is deemed not to provide
water quality protection as determined by field investigations and
evaluations conducted by the Division Director.
14.
Leachate collection and treatment systems shall be designed, installed
and operated where necessary to protect ground and surface water resources.
15.
All wastewaters generated by operating and maintenance practices
shall be managed in compliance with applicable water quality standards
and regulations administered by the publicly owned treatment works
having jurisdiction for the site and/or the Missouri Department of
Natural Resources Water Pollution Control Program (MDNR-WPCP).
16.
No ground or surface water shall be permitted to come in contact
with waste.
17.
No open burning shall occur on the facility premises without permission
of the Division Director and compliance with other applicable laws,
ordinances, rules and regulations.
18.
A decomposition gas control plan shall be designed and implemented
to control lateral migration of methane and eliminate risk of harm
from explosions to occupants of adjacent property.
19.
Gases shall be vented to prohibit explosive or toxic accumulations
within on- and off-site adjacent structures.
20.
Vector control programs shall be implemented to prevent or rectify
vector problems as determined by field inspection and good operating
practices.
21.
Litter control devices (e.g., fences and vegetation) shall be used
near the working face and elsewhere to prevent blowing and accumulation
of litter. Litter shall be collected from fences and the ground surface
each operating day and shall be incorporated into the daily cell at
the end of each day or placed in a secure container.
22.
Wastes easily moved by wind shall be covered promptly to prevent
such waste from becoming airborne and scattered.
23.
Vegetation and natural windbreaks shall be used to improve the appearance
and operation of the landfill.
24.
Any materials salvaged from the landfill shall be removed daily or
stored in aesthetically acceptable containers or enclosures.
25.
Adequate equipment shall be maintained on the site of the landfill,
and preventative maintenance shall be performed to assure that the
handling, compaction and covering required by this Chapter can be
continuously performed.
26.
Fire extinguishers shall be provided on all equipment and maintained
in operable condition at all times.
27.
Provisions shall be made for extinguishing fires in waste, equipment
and structures on the landfill site.
28.
Communications equipment shall always be available and operable on
the landfill site in order that fire and Police services may be quickly
summoned in the event of an emergency.
29.
The landfill operator shall not permit persons to scavenge in the
waste received at or deposited in the landfill.
30.
Access to the landfill site shall be limited to designated roadways
and limited to hours when operating personnel are on duty.
31.
Traffic arriving to deposit waste at the landfill shall be directed
to designated disposing points near the active face.
32.
Dust on the landfill site shall be controlled for safety purposes
and to prevent nuisances.
33.
Intermediate cover must be applied to all areas idle from active
waste receipts for more than sixty (60) days in a layer not less than
one (1) foot after compaction.
34.
Final cover shall be applied on each area immediately as designated
complete per approved site plans and final grade in a layer not less
than two (2) feet after compaction.
35.
Vegetation shall be planted and established as soon as reasonably
possible following placement of final cover to grade and shall be
maintained so as to maximize surface water runoff.
36.
Records shall be maintained on site covering the following matters:
a.
Major problems and complaints regarding operation of the landfill.
b.
All environmental media sampling/testing data shall be reported to
the Division of Environmental Services using the same protocol and
submission intervals established by the applicable Missouri Department
of Natural Resources Division of Environmental Quality (MDNR-DEQ)
regulatory programs including the Solid Waste Management Program (SWMP),
Water Pollution Control Program (WPCP) and Air Pollution Control Program
(APCP) and shall address, at a minimum, data and assessments for monitoring
ground water/surface water quality, air emissions and leachate characterization.
c.
In the event of documented exceedence of applicable standards established
by the Missouri Department of Natural Resources for any monitor system,
the operator shall submit a corrective action plan (CAP) to the Division
of Environmental Services within thirty (30) days of such an occurrence.
The CAP shall outline detailed investigative procedures and schedule
of remedial actions to be implemented to resolve the causative source
or factors and restore the facility to operating compliance with documentation
of results. The Division Director shall order cessation of facility
operations until verifiable resolution is achieved.
d.
Records of vector control efforts.
e.
Records of dust and litter control efforts.
f.
Records of quantity of waste handled. Such records shall be made
contemporaneously with the matters recorded.
37.
Upon closure, all drinking water sources located within one-quarter
(¼) mile shall be sampled annually for contaminant parameters
specified in the operating permits or specified by the Division Director,
and sampling shall continue after closure as provided for by the approved
waste facility plan for closure.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Demolition
landfills shall be operated in the following manner.
1.
Spreading and compacting techniques used in sanitary landfills shall
be used as much as practicable to dispose of waste in demolition landfills,
except that daily cover is not required for such facilities. At least
twelve (12) inches of compacted cover material shall be applied to
the demolition landfill working face at least every seven (7) calendar
days.
2.
Decomposable demolition waste may be placed in the landfill above
the elevation shown in the waste facility plan for the placement of
such waste. Decomposable demolition waste may not be placed in the
landfill below such elevation.
3.
A responsible supervisor shall be present at the disposal area at
all times when the area is open to receive waste and shall monitor
the receipt of waste to assure that no unpermitted waste is accepted
for disposal at the landfill.
4.
Demolition landfills shall be constructed and operated in a manner
which will divert surface watercourses and runoff from the landfill.
Demolition landfill construction and operation shall include grading
to promote rapid surface water runoff without excessive erosion. The
grade shall not exceed thirty-three and one-third percent (33 ⅓%).
Surface water courses and runoff shall be constructed and runoff shall
be controlled to handle a twenty (20) year rainfall frequency.
5.
No open burning shall occur on the facility premises without permission
of the Division Director and compliance with other applicable laws,
ordinances, rules and regulations.
6.
A decomposition gas control plan shall be designed and implemented
to control lateral migration of methane and eliminate risk of harm
from explosions to occupants of adjacent property.
7.
Gases shall be vented to prohibit explosive or toxic accumulations
within on- and off-site adjacent structures.
8.
Vector control programs shall be implemented to prevent or rectify
problems as determined by field inspection and good operating practices.
9.
Litter control devices (e.g., fences and vegetation) shall be used
near the working face and elsewhere to prevent blowing and accumulation
of litter. Litter shall be collected from fences and the ground surface
each operating day and shall be incorporated into the daily cell at
the end of each day or placed in a secure container.
10.
Wastes easily moved by wind shall be covered promptly to prevent
such waste from becoming airborne and scattered.
11.
The landfill shall not be operated if the actual separation between
the lowest point of the lowest cell and the actual maximum water table
is less than fifteen (15) feet unless the waste facility plan as approved
specifies otherwise.
12.
The landfill shall not be operated if the actual bedrock or engineered
protection approved in the waste facility plan is deemed not to provide
water quality protection as determined by field investigations and
evaluations conducted by Division staff.
13.
Leachate collection and treatment systems shall be designed, installed
and operated where necessary to protect ground and surface water resources.
14.
All waste waters generated by operating and maintenance practices
shall be managed in compliance with applicable water quality standards
and regulations administered by the publicly owned treatment works
having jurisdiction for the site and/or the Missouri Department of
Natural Resources Water Pollution Control Program (MDNR-WPCP).
15.
Vegetation and natural windbreaks shall be used to improve the appearance
and operation of the landfill.
16.
Any materials salvaged from the landfill shall be removed daily or
stored in aesthetically acceptable containers or enclosures.
17.
Adequate equipment shall be maintained on the site of the landfill,
and preventative maintenance shall be performed to assure that the
handling, compaction and covering required by this Chapter can be
continuously performed.
18.
Fire extinguishers shall be provided on all equipment and maintained
in operable condition at all times.
19.
Provisions shall be made for extinguishing fires in waste, equipment
and structures on the landfill site.
20.
Communication equipment shall always be available and operable on
the landfill site in order that fire and Police services may be quickly
summoned in the event of an emergency.
21.
The operator shall not permit persons to scavenge in the waste received
at or deposited in the landfill.
22.
Access to the landfill site shall be limited to designated roadways
and limited to hours when operating personnel are on duty.
23.
Traffic arriving to deposit waste at the landfill shall be directed
to designated disposing points near the active face.
24.
Dust on the landfill site shall be controlled for safety purposes
and to prevent nuisances.
25.
Final cover shall be applied on each area immediately as designated
complete per approved site plans and final grade in a layer not less
than two (2) feet after compaction.
26.
Vegetation shall be planted and sloped as soon as reasonably possible
following placing of final cover and shall be planted and sloped as
to maximize surface water runoff.
27.
Records shall be maintained on site covering the following matters:
a.
Major problems and complaints regarding operation of the landfill.
b.
All environmental media sampling/testing data shall be reported to
the Division of Environmental Services using the same protocol and
submission intervals established by the applicable Missouri Department
of Natural Resources Division of Environmental Quality (MDNR-DEQ)
regulatory programs including the Solid Waste Management Program (SWMP),
Water Pollution Control Program (WPCP) and Air Pollution Control Program
(APCP) and shall address, at a minimum, data and assessments for monitoring
ground water/surface water quality, air emissions and leachate characterization.
c.
In the event of documented exceedence of applicable standards established
by the Missouri Department of Natural Resources for any monitor system,
the operator shall submit a corrective action plan (CAP) to the Division
of Environmental Services within thirty (30) days of such an occurrence.
The CAP shall outline detailed investigative procedures and schedule
of remedial actions to be implemented to resolve the causative source
or factors and restore the facility to operating compliance with documentation
of results. The Division Director shall order cessation of facility
operations until verifiable resolution is achieved.
d.
Records of vector control efforts.
e.
Records of dust and litter control efforts.
f.
Records of quantity of waste handled. Such records shall be made
contemporaneously with the matters recorded.
28.
Upon closure, all drinking water sources located within one-quarter
(¼) mile shall be sampled annually for contaminant parameters
specified in the operating permits or specified by the Division Director,
and sampling shall continue after closure as provided for by the approved
waste facility plan for closure.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Waste
processing facilities and transfer stations shall adhere to the following
requirements:
1.
Storage areas shall be designated for special waste, shall be clearly
marked for the type of special waste to be placed in such areas, and
shall be designed and constructed to safely store such waste.
2.
A responsible supervisor shall be on duty at all times during operation
of the waste processing facility or transfer station to assure that
unacceptable waste is excluded from processing or transfer.
3.
All wastewaters generated by operating and maintenance practices
shall be managed in compliance with applicable water quality standards
and regulations administered by the publicly owned treatment works
having jurisdiction for the site and/or the Missouri Department of
Natural Resources Water Pollution Control Program (MDNR-WPCP).
4.
Areas for unloading or loading waste transportation vehicles or mobile/roll-off
waste containers shall be cleaned as spillage occurs.
5.
Areas containing putrescible waste shall be cleaned at least weekly.
6.
Vector control programs shall be implemented to prevent or rectify
vector problems.
7.
Waste delivered to the facility which cannot be processed there shall
be removed at least weekly and hauled to permitted disposal sites.
8.
All putrescible waste shall be removed from transfer stations at
least every twenty-four (24) hours.
9.
Waste shall not be accepted if available storage capacity is exceeded.
10.
Waste shall not be accepted if the facility is reasonably expected
to be out of operation for more than twenty-four (24) hours.
11.
Materials or commodities segregated for recycling or resource recovery
shall be stored in a manner that will prevent vectors or aesthetic
problems.
12.
Residues and processed materials shall be placed in containers appropriate
for transporting such materials and which will prevent sifting, falling,
leaking or blowing from those containers.
13.
The operator of the waste processing facility or transfer station
shall not permit persons to scavenge in waste delivered to or deposited
at the facility.
14.
Access to the waste processing facility shall be limited to those
times when responsible and trained personnel are on duty.
15.
Fire extinguishers shall be provided on all equipment.
16.
Provisions shall be made for extinguishing fires in waste, equipment
and structures on the site. An isolated designated area shall be reserved
at all times for the emergency dumping of "hot loads" or loads suspected
of being on fire. This area shall be accessible to on-site and off-site
fire-fighting equipment and shall have available on-site sand or water
for fire control.
17.
Communications equipment shall always be available and operable on
the site in order that fire and Police services may be quickly summoned
in the event of an emergency.
18.
The following records shall be maintained at the waste processing
facility or transfer station and shall be maintained at or near the
time such items are observed:
a.
Actual or estimated quantity of waste received every day.
b.
All environmental media sampling/testing data shall be reported to
the Division of Environmental Services using the same protocol and
submission intervals established by the applicable Missouri Department
of Natural Resources Division of Environmental Quality (MDNR-DEQ)
regulatory programs including the Solid Waste Management Program (SWMP),
Water Pollution Control Program (WPCP) and Air Pollution Control Program
(APCP) and shall address, at a minimum, data and assessments for monitoring
ground water/surface water quality, air emissions and leachate characterization.
c.
In the event of documented exceedence of applicable standards established
by the Missouri Department of Natural Resources for any monitor system,
the operator shall submit a corrective action plan (CAP) to the Division
of Environmental Services within thirty (30) days of such an occurrence.
The CAP shall outline detailed investigative procedures and schedule
of remedial actions to be implemented to resolve the causative source
or factors and restore the facility to operating compliance with documentation
of results. The Division Director shall order cessation of facility
operations until verifiable resolution is achieved.
d.
Operational problems, complaints and difficulties connected with
the operation of the waste processing facility or transfer station.
e.
Vector, odor, dust, aesthetic, and litter control efforts.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
There
shall be displayed at each entrance to each landfill, waste processing
facility and transfer station a sign containing the following information
in letters at least two (2) inches high and one-half (½) inches
wide:
1.
The words "Approved [Sanitary Landfill, Demolition Landfill, Waste
Processing Facility or Transfer Station, as the case may be] operated
under License No.__________ issued by the Division Director of the
Division of Environmental Health and Protection of the St. Charles
County Department of Community Health and the Environment."
[Ord. No. 15-034 §12, 3-30-2015]
2.
The words "The following types of waste will not be accepted for
disposal at this facility:" followed by list of types of waste which
will not be accepted for disposal at the facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Because
the disposal of waste in landfills, waste processing facilities and
transfer stations present unique problems of enforcement and because
the consequences of improper processing of waste are so severe, the
Division Director is authorized, with or without probable cause to
believe that a specific violation exists, to enter and inspect landfill
premises, waste processing facility premises and transfer station
premises at any time to insure that the landfill, waste processing
facility or transfer station is being operated consistently with the
waste facility plan, this Chapter, and in the interests of the health
and welfare of the residents or environmental resources of St. Charles
County. Routine inspections shall be made during normal operational
hours of the facility. Where there is a suspected hazard, entry may
be made at any time.
B.
If
the Division Director is or becomes aware of a violation of the provisions
of the waste facility plan pertaining to the construction or operation
of a landfill, waste processing facility, or transfer station; or
is or becomes aware of a violation of a provision of this Chapter
pertaining to construction or operation of such facilities; or is
or becomes aware of a condition which threatens the health and welfare
of the residents or environmental resources of the County, he may
make a reasonable attempt to notify the operator, or owner of the
premises or person in possession if there is no license, and direct
such person to correct the violation within twenty-four (24) hours.
In the event the operator or owner or person in possession cannot
be found or refuses to correct the violation within twenty-four (24)
hours after notice in writing by the Division Director, the Division
Director may, if he deems it necessary in the interest of public health
or environmental resources, enter upon the premises of the facility
and, either with the equipment and employees of the operator or owner
or person in possession, or with County-owned or -leased equipment
and County employees, do such work as is necessary to correct any
condition so noticed.
C.
Upon
completion of such work, the Division Director shall cause the total
cost of such work to be determined and certify the same to the Finance
Director. Upon approval of such report by the Finance Director, the
report, with the approval of the Finance Director endorsed thereon,
shall be transmitted to the County Collector, who shall assess the
same as a special tax against each lot or parcel of ground chargeable
therewith in the name or names of the owner or owners thereof.
D.
All
such special tax bills issued for such work shall be collectible by
suit brought by the County Counselor in the name of the County. Such
special tax bills and any action thereon shall be prima facie evidence
of the regularity of the proceedings for such special assessment,
the validity of the bill, the doing of the work, and of the furnishing
of the material charged for, and of the liability of the property
to the charged stated in the bill, including the costs of bringing
the action as a part of the cost of doing the work. Each said special
tax bill shall include a charge of one hundred dollars ($100.00) for
inspecting the same and giving the notice and further charge of fifty
dollars ($50.00) for issuing and recording the tax bill. Such tax
bills if not paid within thirty (30) days after issuance shall bear
interest at the rate of eight percent (8%) per annum.
