[R.O. 2011 § 245.240; R.O. 2009
§ 50.45; CC 1981 § 13-101; Ord.
No. 91-187, 9-18-1991]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
A consolidated or unconsolidated subsurface water-bearing
geologic formation, group of formations, or part of a formation, or
other geologic deposits, capable of yielding a usable or potentially
usable amount of water.
The solid rock stratum underlying solid and unconsolidated
service materials.
Non-putrescible solid wastes consisting of waste materials
from dwelling units and commercial, industrial, institutional or agricultural
establishments which are either too large or too heavy to be safely
and conveniently loaded in waste transportation vehicles by waste
haulers with the equipment available therefor. Bulky residential waste
is bulky waste generated on residential premises other than automobiles
and construction and demolition materials. Bulky waste does not include
automobiles or demolition or construction waste.
Compacted waste in a sanitary landfill that is enclosed on
all sides by cover material.
Soil as defined by the American Society for Testing and Material
(ASTM) Standard Test Method D2487-85, Classification of Soils for
Engineering Purposes.
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic
concrete, cinder blocks, brick, minimal amounts of wood and metal,
and inert solids as approved by rule or policy of the State Department
of Natural Resources for fill, reclamation or other beneficial use.
All waste substances capable of incineration or burning,
but excluding explosive or highly flammable material.
Clay soil with a minimum thickness of six (6) inches placed
over waste in a landfill at the end of the day or completion of a
cell, whichever comes first.
Waste materials from the demolition and construction of residential,
industrial or commercial structures and related improvements not including
materials defined as "clean fill" under this Section.
The Department of Community Development.
The Director of Community Development and the deputies, assistants
and employees of that department designated to perform functions on
his/her behalf.
With no modifying words appearing before it, used only in
Sections where a sanitary landfill is being discussed, means any sanitary
landfill which is the subject of such Section.
Compacted clay soil with a minimum thickness of three (3)
feet placed over waste in a sanitary landfill which is more substantial
than a daily cover.
An instrument or instruments including, but not limited to,
cash or surety bond, letters of credit, corporate guarantee or secured
trust fund. The form and content of the financial assurance instrument
shall meet or exceed the requirements of the Director of Community
Development. The instrument shall be reviewed and approved or disapproved
by the City Attorney.
The area designated as the 500-year special flood hazard
and floodway on the Flood Boundary and Floodway Maps and Flood Insurance
Rate Maps approved by the Federal Emergency Management Agency.
Liquid that will drain freely by gravity from solid materials.
All animal and vegetable waste and all putrescible matter.
Residues that are toxic or poisonous, corrosive, irritating
or sensitizing, radioactive, biologically infectious, explosive or
flammable or that present a significant hazard to human health and
the environment.
Any waste or combination of wastes which, because of its
quantity, concentration or physical, chemical or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness, or pose a present or potential threat to the health of humans
or the environment.
The cover material placed over waste, which is in areas that
have been idle for more than sixty (60) days, in a layer not less
than two (2) feet after compaction.
A waste disposal site in which waste is deposited.
Liquid that has percolated through waste and contains extracted,
dissolved or suspended materials from the waste.
All waste substances not capable of incineration or burning,
including ashes, glass, metal, earthenware and the like.
Any individual, partnership, corporation, association, institution,
City, County, other political subdivision, authority, State agency
or institution, or Federal agency or institution.
Something fitting or suited to the public need.
All waste substances including garbage as well as combustible
and non-combustible wastes.
A solid waste disposal area which accepts commercial and
residential solid waste.
The accumulated semi-solid suspension of settled solids deposited
from wastewaters or other fluids in tanks or basins.
Unconsolidated material above the bedrock.
Garbage, refuse and other discarded materials including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but not including hazardous waste, recovered materials,
overburden, rock tailings, matte, slag or other waste material resulting
from mining, milling or smelting.
Any animal, bird or an organism that is capable of transmitting
a pathogen from one organism to another.
Garbage, offal, refuse and other discarded materials, including
liquid, gaseous, solid and semi-solid materials, resulting from industrial,
commercial, agricultural and domestic activities.
That portion of the sanitary landfill where wastes are discharged
and are spread and compacted prior to the placement of cover material.
[R.O. 2011 § 245.250; R.O. 2009
§ 50.46; CC 1981 § 13-102; Ord.
No. 91-187, 9-18-1991]
No person shall permit the disposing
of any refuse in any quarry in the City unless the same is operated
as a sanitary landfill in accordance with this Article.
[R.O. 2011 § 245.260; R.O. 2009
§ 50.47; CC 1981 § 13-103; Ord.
No. 91-187, 9-18-1991]
No person, including a person hauling
or disposing of waste for a fee, shall deposit or dispose or cause
to be deposited or disposed of any waste on any property in the City
not operated under a permit issued by the City Council. Nothing in
this Article shall prohibit or prevent the owner or operator of a
farm engaged in the raising and feeding of swine from disposing of
garbage for the feeding of swine owned by that person so long as such
disposal shall not constitute a nuisance or a health hazard to the
people of the City or contrary to the health regulations of the City.
The feeding of swine shall be subject to the laws of the State, including
Sections 266.410 through 266.460, RSMo.
[R.O. 2011 § 245.270; R.O. 2009
§ 50.48; CC 1981 § 13-104; Ord.
No. 91-187, 9-18-1991; Ord. No. 03-122, 5-27-2003; Ord. No. 07-162, 6-11-2007]
A.
Any person to whom a permit is issued for
operating a sanitary landfill shall comply with the following provisions:
1.
Operations at a sanitary landfill
permitted under this Article shall not be conducted between the hours
of 6:00 P.M. and 7:00 A.M.
2.
Each sanitary landfill shall display
a prominent sign containing the words "Approved Sanitary Landfill
operated by permission of the City Council of the City of Saint Charles,
Missouri."
3.
Waste shall be spread in layers not
to exceed two (2) feet in thickness and compacted to reduce it to
the smallest practical volume.
4.
Following compaction, waste shall
be confined to the smallest practical area on the working face.
5.
A responsible supervisor shall be
present at the sanitary landfill at all times when the area is open
to receive waste and shall monitor the receipt of waste to assure
that waste not permitted at the sanitary landfill is in fact not received.
6.
At the conclusion of each day, the
waste received and compacted that day shall be covered with a layer
of material "daily cover" which shall be not less than six (6) inches
compacted in thickness. Cover material shall consist of compacted
clay soil. Cover shall be applied more frequently than daily if necessary
to prevent blowing garbage, waste and other refuse. Daily cover must
be applied regardless of weather. The material used as daily cover
material must be available in all weather and a minimum fifteen-day
stockpile of such cover must be maintained on the site of the sanitary
landfill.
7.
Bulky waste, including furniture,
shall be crushed on solid ground and pushed into the working face
near the bottom of the cell.
8.
Water treatment plant sludges containing
no free liquid and digested wastewater treatment plant sludges containing
no free liquid shall be placed on the working face along with solid
wastes and covered with garbage or other refuse immediately.
9.
Incinerator and air pollution control
residues shall be incorporated into the working face and covered at
such intervals as necessary so that the residues will not become airborne.
Hazardous and dangerous residues shall not be placed in a sanitary
landfill.
10.
Surface water and runoff from around
the sanitary landfill shall be diverted so that it does not run into
the sanitary 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 frequency, thirty-minute
duration rainfall.
11.
Leachate collection and treatment
systems shall be used to protect groundwater and surface water resources.
12.
Groundwater and off-site surface
water will be controlled and diverted in order to minimize, and eliminate
if reasonably possible, contact with waste.
13.
No burning shall be permitted.
14.
A decomposition gas control plan
shall be implemented to prevent danger to occupants of adjacent property.
15.
Gases shall be controlled to prohibit
explosive or toxic accumulation of gas.
16.
Vector control programs shall be
implemented to prevent or rectify vector control problems.
17.
A landscaped greenbelt at least two
hundred (200) feet in width shall be provided and maintained along
the perimeter of the sanitary landfill.
18.
Litter control devices (such as 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 day and shall be incorporated
into the daily cell at the end of each day or placed in a secure container.
An opaque fence, at least six (6) feet tall, shall be placed and maintained
within the landscaped greenbelt along the entire perimeter of the
sanitary landfill. Gates shall be opaque.
19.
Garbage and litter refuse easily
moved by wind shall be covered promptly to prevent such matter from
becoming airborne and scattered.
20.
Vegetation and natural windbreaks
shall be used to improve appearance and operation of the sanitary
landfill.
21.
Adequate equipment shall be maintained
on the site of the sanitary landfill and preventive maintenance shall
be performed to assure that the pushing, compaction and covering required
by this Article can be continuously performed.
22.
Fire extinguishers shall be provided
on all equipment.
23.
Provisions shall be made for extinguishing
fires in waste, equipment and structures on the sanitary landfill
site.
24.
Communications equipment shall always
be available and operable on the sanitary landfill site in order that
fire and police services may be quickly summoned in the event of an
emergency.
25.
The sanitary landfill operator shall
not permit persons to scavenge in the sanitary landfill.
26.
Access to the sanitary landfill site
shall be limited to established roadways and limited to hours when
operating personnel are on duty.
27.
Traffic arriving to deposit waste
at the sanitary landfill shall be directed to designated disposing
points near the active face.
28.
Dust on the sanitary landfill site
shall be controlled for safety purposes and to prevent nuisances.
29.
Intermediate clay cover must be applied
to all areas idle for more than sixty (60) days in a layer not less
than one (1) foot after compaction.
30.
Final clay cover shall be applied
on each area immediately as completed in a layer not less than two
(2) feet after compaction.
31.
Vegetation shall be planted as soon
as reasonably possible following placing of final cover and shall
be planted so as to maximize surface water runoff.
32.
Records To Be Maintained.
a.
Records shall be maintained on site
covering the following matters:
(1)
Problems and complaints
regarding operation of the sanitary landfill.
(2)
Monitoring of leachate
sampling and analysis; gas sampling and analysis; and groundwater
and surface water analysis.
(3)
Records of vector control
efforts.
(4)
Records of dust and
litter control efforts.
(5)
Records of quantity
of waste handled.
b.
Such records shall be made contemporaneously
with the occurrence of the matters recorded.
33.
The sanitary landfill operator shall
annually seek samples of all drinking water sources within one-half
(1/2) mile of the sanitary landfill. The samples will be tested for
contaminants by the operator. All samples shall be collected and tested
by a certified laboratory in accordance with the methods and procedures
established by the Missouri Department of Natural Resources, Division
of Environmental Quality, as approved or recognized by the Environmental
Protection Agency. All samples shall comply with the Missouri public
drinking water regulation. The Director may require testing for specific
organics/priority pollutants if deemed appropriate by the Director.
The operator will maintain records of the efforts to contact owners
or operators of all drinking water sources within one-half (1/2) mile,
including the reasons for not gaining access to the sources not tested.
34.
The operator of the sanitary landfill
shall provide an exit wheel wash which will remove mud, dirt, litter
and other sticky substances from the wheels of the trash hauling vehicles
which have deposited waste in the sanitary landfill, before the trash
hauling vehicles return to drive upon streets.
35.
At the direction of the Director
of Community Development, the permittee shall remove waste, dirt,
litter or foreign matter of any kind carried into or deposited upon
any public street or public sidewalk of the City within one-half (1/2)
mile of the sanitary landfill or returning from the sanitary landfill
operated by the permittee. The permittee shall perform such removal
within twenty-four (24) hours of receiving direction from the Director
of Community Development.
36.
A triple-layered liner with monitoring
system shall be installed on the sanitary landfill bottom and on all
sides and surfaces which touch any existing soil or rock surface.
The liners shall be designed and constructed so that each of the three
(3) liners are inert and liquid-tight. The liner system shall be designed
and constructed in order to allow chemical monitoring and sampling
from between the three (3) layers. The monitoring system shall be
capable of obtaining samples from the lowest elevation in the sanitary
landfill.
B.
Any exception to the above operating provisions
may be granted by the Director of Community Development only upon
the approval of a majority of the full City Council. Requests for
exceptions to the operating provisions shall be made to the Director
of Community Development and the requests shall be presented to the
City Council by the Mayor within thirty (30) days. A hearing on the
requested exception shall be held by the City Council within thirty
(30) days of its presentation to the City Council. A decision by the
Council must be rendered within fifteen (15) days of that hearing.
C.
The Director may impose additional requirements
subject to specific site conditions. The Mayor shall advise the City
Council of the additional requirements imposed upon a sanitary landfill
at the next regular City Council meeting after the additional requirements
are imposed. The operator of the sanitary landfill may appeal any
decision of the Director of Community Development under this Subsection
to the City Council within five (5) days of the decision. Any appeal
by the operator must be heard within thirty (30) days of the filing
of the appeal and a decision by the Council must be rendered within
fifteen (15) days of that hearing.
[R.O. 2011 § 245.280; R.O. 2009
§ 50.49; CC 1981 § 13-105; Ord.
No. 91-187, 9-18-1991]
It is unlawful for any person to
use any land, premises or property within the City for the dumping
or disposal of any refuse or waste materials of any kind without first
securing a permit to do so.
[R.O. 2011 § 245.290; R.O. 2009
§ 50.50; CC 1981 § 13-106; Ord.
No. 91-187, 9-18-1991]
A.
The application for a permit to operate
a sanitary landfill shall be filed with the Director of Community
Development. With the application the applicant shall deliver to the
Director of Community Development a non-refundable application fee
of five thousand dollars ($5,000.00). Upon the completion of the City's
evaluation of the application, but before receiving a permit, the
applicant shall reimburse the department for all reasonable costs
of evaluation incurred by the City above five thousand dollars ($5,000.00).
The application shall contain a written request for the issuance of
a permit for the construction and operation of a sanitary landfill
and shall include a waste facility plan for the construction, operation
and closure of the sanitary landfill, which waste facility plan shall
be consistent with the provisions of this Chapter pertaining to construction,
operation and closure of a sanitary landfill and shall include the
following:
1.
The type of waste, if any, including
chemical and biological characteristics, if other than garbage and
other refuse is to be disposed of in the sanitary landfill.
2.
A metes and bounds description of
the site proposed for development of the sanitary landfill signed,
sealed and dated by a Missouri professional engineer.
3.
A map signed, sealed and dated by
a Missouri registered professional engineer showing the proposed site
with existing and proposed topography at contour intervals of five
(5) feet or less.
4.
A map signed, sealed and dated by
a Missouri registered professional engineer showing:
a.
Actual land use and zoning within
one-half (1/2) mile of the site, including location of all residences,
buildings, public and private wells, watercourses, springs, lakes,
rock outcroppings, caves, sinkholes and soil or rock borings.
b.
Easements for electric, gas, water,
sewer and other utility easements or lines that are located on, under
or over the disposal site.
c.
The public roads and access roads
within a two-mile radius to be used for delivery of garbage and other
refuse to and within the sanitary landfill.
5.
A plan prepared or approved by a
Missouri registered professional engineer for the construction and
operation of the sanitary landfill which includes:
a.
A description of the place where
waste is to be placed on the site.
b.
A description and discussion of the
geology and hydrology of the site and a description of how the entire
sanitary landfill plan for construction and operation minimizes the
impact on surface water and groundwater resources. Such description
shall include:
(1)
Current and projected
use of water resources within one-half (1/2) mile of the facility.
(2)
Groundwater elevation
and proposed separation between the lowest point of the lowest cell
and the predicted maximum water table elevation.
(3)
Background and initial
quality of water resources within one (1) mile of the facility.
(4)
Provisions for surface
water runoff control to minimize infiltration and erosion of cover
material. On-site drainage structures and channels should be designed
for at least a twenty-year frequency, thirty-minute duration rainfall.
(5)
Potential of leachate
generation and proposed control systems for the protection of ground
and surface water resources. Plans shall include an operation and
maintenance program including the administration and financing of
the leachate treatment system during and following the facility's
operation.
(6)
A map showing proposed
location and design of observation wells, sampling stations and testing
programs planned.
(7)
A map and description
of soil and bedrock to a depth adequate to allow evaluation of the
water quality protection provided by the soil and bedrock.
(8)
If the sanitary landfill
is to be located in a floodplain, then plans shall show the protection
planned against at least the 500-year flood frequency floodplain elevation
plus three (3) feet freeboard by impervious levees and other appropriate
means to prevent the stormwater from contacting garbage and other
refuse. Also, a volumetric and conveyance evaluation must be provided
describing the potential problems created by any restriction of the
flood flow due to the location of the sanitary landfill.
(9)
Descriptions of all
private and public drinking water sources (such as wells and springs)
within one-half (1/2) mile of the site. The operator shall seek samples
from all private and public drinking water sources within one-half
(1/2) mile of the site and shall make a baseline water quality study
on all such private and public drinking water sources. The operator
will maintain records of the efforts to contact owners or operators
of all private and public drinking water sources within one-half (1/2)
mile, including the reasons for not gaining access to the sources
not tested.
c.
A discussion of the effect of precipitation,
evapotranspiration and climatological conditions on the operation
of the sanitary landfill and the affected environment.
d.
A description of characteristics
of on-site soils with respect to their effect on sanitary landfill
operations, such as daily cover, dusting, vehicle maneuverability
and mud tracking by vehicles.
e.
A discussion of potential inter-relationship
of the sanitary landfill, local aquifers and surface waters based
on applicable records or other sources of information.
f.
Description of an effective dust
control program.
g.
Description of the liner (bottom
and sides) which will minimize the migration of leachate from the
sanitary landfill.
h.
Assessment of the need for decomposition
gas control and indication of any collection wells, vents, barriers
or other control or processing measures to be provided. Plans for
the control of decomposition gases shall be for on-site control; and
decomposition gases shall be collected and processed or vented to
the atmosphere directly through the cover material, cut-off trenches
or ventilation system in such a way that they do not accumulate in
explosive or toxic concentrations.
i.
Description of contingency programs
for vector control.
j.
Plans for effectively covering and
protecting waste, including:
(1)
Cover material sources,
quantities and soil classifications as defined by the American Society
for Testing and Materials (ASTM) Standard Test Method D2487-85, Classification
of Soils for Engineering Purposes.
(2)
The capability of the
cover material to cover waste at least as well as soil, minimize fire
hazards, infiltration of precipitation, odors and blowing litter,
control gas venting and vectors, discourage scavenging, provide a
pleasing appearance and to compact and not be blown by the wind.
(3)
Surface grades and side
slopes needed to promote maximum runoff, without excessive erosion,
to minimize infiltration.
(4)
Procedures to maintain
a cover material integrity such as regarding and recovering.
(5)
Procedures to promote
vegetative growth as promptly as possible to combat erosion and improve
appearance of idle and completed areas.
6.
A description of the equipment proposed
to be used to compact the garbage and other refuse and cover material,
preserving land resources and minimizing moisture infiltration and
settlement.
7.
A description of the arrangements
to be made whereby substitute equipment will be made available to
provide uninterrupted service during routine maintenance periods or
equipment breakdowns.
8.
The period of time the applicant
is seeking to operate the sanitary landfill and the daily hours of
operation.
9.
A description of a plan for closure,
including:
a.
Conformity with any applicable zoning
approval.
b.
Final elevations and contours.
c.
Vegetation establishment.
d.
Erosion control.
e.
Air pollution control (methane).
f.
Settling correction.
g.
Final cover source, depth, compaction.
h.
Safety considerations.
i.
Access to the site for inspections
and subsequent use of the site.
j.
Surface water control.
k.
Monitoring wells with a maximum spacing
of two hundred (200) feet apart which are down gradient of the sanitary
landfill and at least two (2) wells which are up gradient of the sanitary
landfill to be used as background wells.
l.
Leachate control and monitoring.
m.
Groundwater and surface water sampling.
n.
A description of how and when the
landfill will be closed and, if applicable, a description of plans
for closing portions of the landfill during the operational life of
the landfill.
o.
A written estimate, in current dollars,
of the cost of closure of the landfill and, if applicable, an estimate
of the cost of closing portions of the landfill during the operational
life of the landfill. The estimate shall equal the cost of closure
at the time in the landfill's life when the extent and manner of its
operation would make closure the most expensive unless the closure
plan demonstrates that the most expensive closure can be avoided,
in which case the estimate shall equal the lesser cost.
10.
A description of the projected use
of the completed sanitary landfill, including:
a.
Maintenance programs and provisions,
where necessary, for monitoring and controlling decomposition gases,
leachate and water.
b.
Provisions for an additional depth
of cover material to allow cultivation and to support vegetation in
addition to that required for final cover.
c.
A description of the types of structures
anticipated to be constructed on or near the completed sanitary landfill.
Major structures should not be planned for location on the completed
sanitary landfill.
11.
A statement that an application for
zoning approval, if necessary, has been applied for, is concurrently
being applied for with the filing of the sanitary landfill application
or will be applied for within seven (7) days of the filing of this
application.
12.
A schedule for the construction and
completion of the sanitary landfill stated with respect to the time
of the issuance of a permit for construction and operation of the
sanitary landfill.
13.
Other information as required by
the Director of Community Development. The applicant may appeal any
requirement for other information issued by the Director of Community
Development under this Section to the City Council within five (5)
days of the Director's decision. Any appeal by the applicant must
be heard within thirty (30) days of the filing of the appeal and a
decision by the Council must be rendered within fifteen (15) days
of that hearing.
[R.O. 2011 § 245.300; R.O. 2009
§ 50.51; CC 1981 § 13-107; Ord.
No. 91-187, 9-18-1991]
A.
The Director of Community Development shall
review the application to determine whether the granting of the permit
to the applicant would provide for the safe and adequate management
of solid waste. In reviewing the application, the Director of Community
Development may confer with any other department head of the City
and they shall advise him/her regarding the application. The Director
of Community Development shall inspect the site of the proposed sanitary
landfill with the Director of Public Works or his/her designee. The
Director of Community Development shall make a report giving his/her
recommendations to the City Council. The applicant shall receive a
copy of the report.
B.
The Director of Community Development shall
include in the report an analysis of the applicant's estimate of the
cost of closure. The Director of Community Development shall determine
if the applicant's estimate of the cost of closure is adequate and
will actually cover the cost of closure; if the submitted estimate
is deemed to be inadequate, the application will be returned to the
applicant as incomplete. The applicant may appeal the determination
of the Director of Community Development concerning the adequacy of
the applicant's estimate of the cost of closure to the City Council
within five (5) days of the Director's report to the City Council.
Any appeal by the applicant must be heard within thirty (30) days
of the filing of the appeal and a decision by the Council must be
rendered within fifteen (15) days of that hearing. The City Council
shall publish findings of fact and conclusions of law which shall
include a determination of the cost of closure.
C.
The application may be resubmitted, if returned as incomplete, with an estimate equal to an amount which, in the opinion of the Director of Community Development, is adequate to cover the cost of closure; or if the determination has been appealed under the provisions of Subsection (B) above, the application may be resubmitted including an estimate equal to the determination of the City Council after its hearing of the appeal.
[R.O. 2011 § 245.310; R.O. 2009
§ 50.52; CC 1981 § 13-108; Ord.
No. 91-187, 9-18-1991]
A.
Upon receipt of the report and recommendation
of the Director of Community Development, the City Council shall decide
whether to approve or deny the application. If the City Council finds
that the granting of the permit to the applicant would provide for
the safe and adequate management of solid waste, the City Council
shall approve the waste facility plan, as it may be modified by the
City Council, and approve the permit. If the permit is denied, the
City Clerk shall notify the applicant.
B.
After approval by the City Council, such permit shall be issued by the Director of Finance upon payment of ten thousand dollars ($10,000.00) to the City by the applicant. This payment shall be the annual permit fee for the first year of the operation of the sanitary landfill. The fee shall cover the costs related to inspections and report analysis. In addition, the applicant shall deliver to the City a cash bond, corporate bond or other financial assurance instrument equal to the estimated cost of closure contained in Section 245.290(A)(9)(o). The cash or corporate bond or other financial instrument shall run to the City and shall be conditioned as follows:
1.
The permittee, its agent and servants
will comply with all the terms, conditions, provisions, requirements
and specifications contained in this Article and comply with the laws
and regulations of all governments having jurisdiction.
2.
The permittee, its agents and servants
will faithfully operate the sanitary landfill for which the permit
is issued in accordance with the provisions of this Article and the
approved waste facility plan.
3.
The permittee, its agents and servants
will save harmless the City from any expense incurred through the
failure of the permittee, its agents and servants to operate and maintain
the sanitary landfill as required by this Article and the waste facility
plan, including any expense the City may incur for correcting any
condition or violation of this Article by the City's own labor and
equipment.
4.
Approval By Certain Officials Before
Acceptance.
a.
Before acceptance all bonds shall
be approved by the City Attorney. If a corporate bond is offered,
it shall be executed by a surety or guaranty company qualified to
transact business in the State. If a cash bond is offered, it shall
be deposited with the Director of Finance who shall give his/her official
receipt therefor, reciting that cash has been deposited in compliance
with and subject to the provisions of this Article.
b.
In addition, no permit for the construction
and operation of a sanitary landfill shall be issued nor shall such
a facility be operated until and unless the applicant acquires public
liability insurance approved by the Director of Community Development
governing all proposed operations of the applicant pertaining to the
business of constructing and operating a sanitary landfill and covering
all vehicles to be operated in the conduct thereof. The insurance
shall be with an insurer acceptable to the 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 Director of Finance. Such
insurance will provide coverage for each person up to one hundred
thousand dollars ($100,000.00) with an overall limit as to all persons
for each accident of one million dollars ($1,000,000.00) and one million
dollars ($1,000,000.00) for property damage. The above described public
liability insurance shall be maintained at all times during operation
of the sanitary landfill. Notice of the cancellation of any of the
aforementioned coverage shall be made to the Director of Finance ten
(10) days before the cancellation.
[R.O. 2011 § 245.320; R.O. 2009
§ 50.53; CC 1981 §§ 13-109 — 13-110; Ord. No. 91-187, 9-18-1991]
A.
Closure — Financial Assurance Instrument.
No person shall construct or operate a sanitary landfill without providing
a financial assurance instrument required for closure imposed pursuant
to Section 260.226, RSMo.
B.
Post-Closure — Financial Assurance
Instrument. No person shall operate a sanitary landfill which does
not provide the financial assurance instrument required for post-closure
maintenance as described in or as may be imposed pursuant to Section
260.227, RSMo.
[R.O. 2011 § 245.330; R.O. 2009
§ 50.54; CC 1981 § 13-111; Ord.
No. 91-187, 9-18-1991]
Sanitary landfills which operated or were permitted to be constructed or operate pursuant to Statutes, orders or rules in effect prior to the effective date of this Article or that operated or were permitted to be constructed or operate pursuant to Statutes, orders or rules before the sanitary landfills were annexed into the City limits are exempted from the requirements of presenting an initial waste facilities plan. Notwithstanding the foregoing, however, a person operating a sanitary landfill shall within thirty (30) days of the effective date of this Article, or within thirty (30) days of the annexation of the sanitary landfill site into the City, file with the Director of Community Development a copy of the sanitary landfill's plans which were originally approved by the Missouri Department of Natural Resources pursuant to Chapter 260, RSMo., and as may be thereafter amended or supplemented. In addition, the person operating the sanitary landfill shall submit a verified statement that the operation of the sanitary landfill is in compliance with the plans submitted to the Department of Natural Resources and shall submit a plan for closure in compliance with the closure requirements of this Article imposed upon applicants for new facilities. Thereafter, within thirty (30) days of the filing of the aforesaid plans and statement of compliance by the operator of the sanitary landfill, the Director of Community Development shall, if the operator is found to be in compliance with the plans submitted and with the ordinances of the City relating to the operation of sanitary landfills, issue the operator a permit upon payment of the fees set forth in Section 245.310 of this Article. With the exception of the matters discussed above, sanitary landfills existing at the effective date of this Article must comply with all other provisions of this Article.
[R.O. 2011 § 245.340; R.O. 2009
§ 50.55; CC 1981 § 13-112; Ord.
No. 91-187, 9-18-1991]
A.
The operator of each facility permitted
under this Article shall apply to renew such permit annually for each
year beginning with each anniversary date of the issuance of the initial
permit, whether the construction of the facility is completed or not.
The renewal application shall be delivered to the Director of Community
Development at least thirty (30) days prior to each anniversary date
of the initial permit and shall request that a renewal permit be issued
for a period of one (1) year and contain the following information:
1.
Any changes in the waste facility
plan which must be made to reflect actual usage or condition.
2.
Any changes in operating plans, area
design or closure costs affecting the plan for closure.
3.
Total waste received at the facility
during the previous year.
4.
Water quality sampling results of
monitoring wells and drinking water sources within one-half (1/2)
mile.
5.
Leachate sampling results, methane
treatment, gas control and/or other monitoring system result.
6.
Equipment replaced or changed or
anticipated to be replaced or changed.
7.
A report indicating the infrastructures
which have been put in place.
8.
If the facility is still under construction,
whether the construction is proceeding according to the schedule shown
in the waste facility plan.
B.
Upon receipt of the renewal application
described above and the payment of the annual licensing fee as set
forth below, the Director of Community Development shall issue a renewal
permit for the sanitary landfill. The Director shall not issue the
renewal permit if the permit has been revoked pursuant to this Article.
The annual permit fee shall be ten thousand dollars ($10,000.00).
The cash bond, corporate bond or other financial assurance instrument
shall be renewed at an amount which reflects any changes in operating
plans, landfill design or closure costs affecting the plan for closure.
[R.O. 2011 § 245.350; R.O. 2009
§ 50.56; CC 1981 §§ 13-113 — 13-114; Ord. No. 91-187, 9-18-1991]
A.
Notification Of Intent To Close Sanitary
Landfill. The operator shall notify the Director of Community Development
six (6) months prior to permanent or planned closure of its intent
to close a sanitary landfill.
B.
Closure Of Sanitary Landfills. In addition
to the provisions of the waste facility plan covering the closure
of a sanitary landfill, the following criteria shall be complied with:
1.
Three (3) feet of compacted final
cover plus six (6) inches of topsoil, mulch, compost or other material
capable of supporting vegetation is required. An additional one (1)
foot of compacted final cover [for a total of three (3) feet compacted
final cover] may be substituted by the operator for the six (6) inches
of topsoil, provided that adequate vegetation cover can be established.
2.
Vegetative cover shall be established
as soon as possible following closure. Repeated seedings shall be
undertaken, if required.
3.
The sanitary landfill operator shall
annually seek samples of all drinking water sources within one-half
(1/2) mile of the sanitary landfill. Public and private water wells
within one-half (1/2) mile of the sanitary landfill shall be sampled
for the contaminants specified by the Director annually for twenty
(20) years after closure and as specified in the approved plan for
closure. The samples will be tested for contaminants by the operator.
The operator will maintain records of the efforts to contact owners
or operators of all drinking water sources within one-half (1/2) mile,
including the reasons for not gaining access to the sources not tested.
4.
On-site downstream gradient groundwater
monitoring wells shall be sampled quarterly for indicator contaminants
and annually for twenty (20) years for all contaminants as specified
by the Director.
5.
The operator shall file with the
St. Charles County Recorder of Deeds, within two (2) months of closure,
a metes and bounds description and licensed surveyor's plat which
includes the types of waste disposed of at the site, the location
of wastes, depth of the fill and location and description of any leachate,
gas control or other monitoring systems which are to be maintained
and a designation of who will maintain such systems.
[R.O. 2011 § 245.360; R.O. 2009
§ 50.57; CC 1981 § 13-115; Ord.
No. 91-187, 9-18-1991]
A.
The officer responsible for the enforcement
of the provisions of this Article shall be the Director of Community
Development. The Director shall provide adequate and frequent inspections
of all sanitary landfills. The Director shall notify any person operating
a sanitary landfill who is violating the provisions of this Article
of the specific manner in which this Article is being violated.
B.
The notice shall:
[R.O. 2011 § 245.370; R.O. 2009
§ 50.58; CC 1981 § 13-116; Ord.
No. 91-187, 9-18-1991]
A.
A permit shall be immediately suspended
and activity shall cease if the permittee fails to maintain the public
liability insurance required under this Article. If the permittee
fails to maintain the public liability insurance required under this
Article for a period of thirty (30) days, the permit shall be revoked.
The permittee of the sanitary landfill may appeal the revocation or
suspension under this Section to the City Council within five (5)
days of the revocation or suspension. Any appeal by the permittee
must be heard within thirty (30) days of the filing of the appeal
and a decision by the Council must be rendered within fifteen (15)
days of that hearing. The permit shall remain suspended or revoked
during the appeal process.
B.
A permit for operation of a sanitary landfill
shall be immediately suspended or revoked if the sanitary landfill
is operated in a manner causing an immediate danger to the public
health and welfare of the residents of the City or the persons operating
and using the sanitary landfill. The permittee of the sanitary landfill
may appeal the revocation or suspension under this Section to the
City Council within five (5) days of the revocation or suspension.
Any appeal by the permittee must be heard within thirty (30) days
of the filing of the appeal and a decision by the Council must be
rendered within fifteen (15) days of that hearing. The permit shall
remain suspended or revoked during the appeal process.
C.
Reasons For Suspension/Revocation —
Notice.
1.
A permit for operation of a sanitary
landfill may be suspended or revoked, following a hearing before the
City Council, for any one (1) or more of the following reasons:
a.
Failure to comply with the provisions
of the waste facility plan.
b.
Failure to comply with the provisions
of this Chapter applicable to the sanitary landfill.
c.
Willful misstatement of facts contained
in any application or renewal application.
d.
When a sanitary landfill which has
previously been opened and has accepted waste, but has not received
any waste for a twelve- month period. In such event, the operator
shall immediately begin the closure procedure established by the waste
facility plan.
2.
The City Clerk shall provide at least
ten (10) calendar days' notice to the operator of the hearing to be
held to consider the suspension or revocation of the permit to operate
a sanitary landfill. The hearing shall be open to the public. A decision
by the Council must be rendered within fifteen (15) days of that hearing.
[R.O. 2011 § 245.380; R.O. 2009
§ 50.59; CC 1981 § 13-117; Ord.
No. 91-187, 9-18-1991]
A.
No person shall operate a sanitary landfill
in a manner that does not comply with the approved waste facility
plan 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
Article pertaining to operating a sanitary landfill shall be a violation
by the person in whose name the permit is issued, as well as every
agent, employer or contractor assigned to construct or operate the
facility who:
1.
Performs acts precluded by the waste
facility plan or this Article;
2.
Fails to perform acts required by
the waste facility plan or this Chapter;
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 Article.
[R.O. 2011 § 245.390; R.O. 2009
§ 50.60; CC 1981 § 13-118; Ord.
No. 91-187, 9-18-1991]
A.
The Director of Community Development is
authorized to enter and inspect sanitary landfill premises at any
time to ensure that the sanitary landfill is being operated consistently
with the waste facility plan, this Article and in the interests of
the health and welfare of the residents of the City. 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 any person operating a sanitary landfill licensed under this Chapter refuses to allow the lawful entry and inspection of the sanitary landfill, the City Attorney or Prosecuting Attorney or a designated assistant may make application for the issuance of a search warrant pursuant to Section 135.100. Any area used by a sanitary landfill licensed under this Chapter shall be considered a "business premises."
