[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
The
following criteria shall be carefully considered by the Division Director
based on the merit of information submitted and testimony received
by the applicant and other concerned parties as the basis of approval,
with or without conditions, or denied as warranted, of the waste facility
plan and request for operating permit:
1.
Substantial and competent information addressing all required elements
outlined in this Chapter constituting a complete application for operating
authorization.
2.
Thorough characterization of proposed site setting including detailed
delineation of hydrogeologic gradients and topographic patterns describing
all ground water/surface water resource receptors and assessment of
potential facility impact.
3.
Detailed presentation of all proposed design and construction elements
and convincing demonstration of their suitability and effectiveness
to completely contain/isolate waste and decomposition residuals to
prevent impact on public health and all identified environmental resource
receptors.
4.
Consideration of all relevant testimony and supporting evidence provided
regarding suitability of proposed site and facility operation received
as public input to County Planning and Zoning Conditional Use permit
and Missouri Department of Natural Resources solid waste management
permit application proceedings and hearings.
5.
Input and recommendations of County Commission on Environmental Quality
pertaining to suitability of proposed site and facility operations
to protect public health and the environment.
6.
Any other information or evidence deemed relevant and appropriate
for consideration.
B.
The
Division Director shall notify an applicant who has submitted an application
and application fee for a license to operate a sanitary landfill,
demolition landfill, waste processing facility or transfer station
in writing either that the application is certified as meeting all
pertinent requirements regarding the form and contents of the application
and will be scheduled for hearing by a specified date or that the
application is deficient with respect to its form and/or contents
and specifically in what manner the application does not comply with
minimum application requirements. The Division Director shall determine
whether the representation made in the waste facility plan regarding
application for zoning and conditional use permit approval has been
met. If the application has been determined not to comply with minimum
application requirements or the representation concerning zoning approval
determined to be false, the applicant so notified shall be required
to submit additional information or otherwise correct any noted deficiencies
within ninety (90) calendar days from receipt of the letter of the
Division Director or his or her designee. If the deficiencies are
not corrected within the ninety (90) day period, the Division Director
shall return the application to the applicant, unless the applicant
and the Division Director agree that the applicant may have longer
than ninety (90) days to respond.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director shall hold a public hearing regarding
the initial application for issuance of a license for the construction
and operation of a processing facility or transfer station, demolition
landfill or sanitary landfill.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Upon filing with the Division Director three (3) complete copies of an application for a license pursuant to Section 240.620, 240.630 or 240.640, a public hearing shall be set before the Division Director within ninety (90) days. The Division Director shall:
1.
Cause public notice of the hearing to be given as follows: publication
at least once in some daily, tri-weekly, semi-weekly, or weekly newspaper
of general circulation in St. Charles County which shall have been
published regularly and consecutively for a period of three (3) years.
Publication shall commence not more than thirty (30) nor less than
fifteen (15) days before the hearing date. Every affidavit of proof
of publication shall state that said publication and the newspaper
in which notice was published has met the requirements of the foregoing
provisions and those of Chapter 493, RSMo., as amended, governing
legal publications, notice and advertisement. Notice shall contain,
in addition to the legal description of the parcel of land, the approximate
street location or address, when possible; that the Division Director
is being requested to issue a license for the construction and operation
of a sanitary landfill, demolition landfill, waste processing facility
or transfer station, as the case may be; and the name of the applicant
seeking issuance of such a license.
2.
Cause a sign or signs, not less than twenty (20) inches by twenty-six
(26) inches, to be placed on each parcel of land for which an application
for a license has been submitted to the Division Director. Said sign
or signs shall be placed on such land at least fifteen (15) days prior
to the public hearing to be held by the Division Director, and shall
be posted in a conspicuous place upon said land at a point nearest
to the right-of-way of any street or roadway abutting such land, and
so as to be clearly visible to the traveled portion of such street
or roadway. The Division Director shall determine the number of additional
signs to be placed that may be necessary to carry out the intent of
this Chapter. Any such sign shall bear thereon, in letters not less
than two and one-half (2½) inches in height and not less than
one (1) inch in width, the following: "PUBLIC HEARING" and in letters
not less than three-fourths (¾) inch in height, and not less
than one-fifth (1/5) inch in width, the following: "ISSUANCE OF LICENSE
FOR CONSTRUCTION AND OPERATION OF A SANITARY LANDFILL" or "ISSUANCE
OF LICENSE FOR CONSTRUCTION AND OPERATION OF A WASTE PROCESSING FACILITY"
or "ISSUANCE OF LICENSE FOR CONSTRUCTION AND OPERATION OF A TRANSFER
STATION", or whatever the case may be, and in letters not less than
one-half (½) inch in height "APPLICATION FOR ISSUANCE OF LICENSE
FILED WITH THE DIVISION DIRECTOR OF THE DIVISION OF ENVIRONMENTAL
SERVICES OF THE ST. CHARLES COUNTY DEPARTMENT OF COMMUNITY HEALTH
AND THE ENVIRONMENT. PUBLIC HEARING WILL BE HELD ON _____________________
(date and time) AT ___________________________(location)". The Division
Director may provide for such additional information to be placed
on any such sign which would serve to more fully inform the public
as to the nature of such an application for issuance of a license
pending before the Division Director.
3.
Any person who shall remove, mar, scratch, obliterate or in any manner deface, hide from view or tamper with any such sign or signs shall be deemed guilty of a violation of this Chapter and upon conviction shall be punished as provided for in Section 240.1760.
4.
The Division Director shall, not less than thirty (30) days before the date of hearing before the Division Director for issuance of a license, furnish a copy of the notice of the hearing described in Subsection (1) of this Section to all tri-weekly, semi-weekly, weekly or daily newspapers printed, circulated or distributed within the County Council district wherein the property proposed to be licensed is located. Not less than thirty (30) days before the date of hearing before the Division Director, the Division Director shall furnish a copy of the hearing notice to municipalities, townships, and villages within a ten (10) mile radius of where the facility is proposed to be located, the Highway Department, the Parks and Recreation Department, the Division of Planning and Zoning of the Department of Community Development, the Missouri Department of Natural Resources, the Missouri State Highway Commission, the fire district where the facility is proposed to be located, and any sanitary sewer district serving the site proposed for a sanitary or demolition landfill, waste processing facility or transfer station. The Division Director will also forward to such departments and agencies such portions of the application for issuance of a license as the Division Director determines will assist the department or agency to evaluate the application for issuance of a license from the perspective of the department or agency. A complete copy of the application for issuance of a license will be made available to the departments and agencies in the event a department or agency seeks information contained in the application for issuance of a license. Each department or agency so notified shall provide its written comments to the Division Director and the applicant or his authorized representative not less than ten (10) days prior to the public hearing. Any municipality, township or village so notified may provide its written comments to the Division Director, but such comments need not be considered unless received by the Division Director not less than ten (10) days prior to the public hearing. Any failure to comply herewith shall not deprive the Division Director of authority and jurisdiction to consider and approve, deny or modify any such application.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
The
Division Director shall examine the premises of the proposed operation
outlined in the application and shall perform such tests and direct
the preparation of such studies as will assist him in determining:
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Before or following, or both before and following the public hearing required by Section 240.705, the Division Director may require that the applicant modify the waste facility plan for the purposes of:
1.
Bringing the application into compliance with applicable and prevailing
regulations, ordinances and Statutes law, although issuance of a license,
with or without modifications, is not evidence that the application
complies with the requirements of any jurisdiction.
2.
Ensuring that the construction and operation of the landfill, waste
processing facility or transfer station is consistent with the needs
and welfare of the residents of St. Charles County.
B.
Following
the public hearing, and prior to final approval or denial of the license,
the Division Director shall notify the applicant of problems or changes
which must be addressed by the applicant prior to approval of the
waste facility plan. Within thirty (30) days, or such additional time
as the Division Director may grant, the applicant shall submit modification
to address any problems or deficiencies indicated. The Division Director
may continue to require additional changes to be made by the applicant
as deemed necessary. In the event the Division Director determines
that there are no modifications which can be made to the application
which will render it satisfactory, or that the modifications or responses
made by the applicant do not substantially further the application
process, the applicant shall be notified and permitted thirty (30)
days for response. Thereupon, the Division Director may terminate
consideration of the proposed waste facility for failure to pursue
submission of an acceptable waste facility plan.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
The
Division Director shall approve the waste facility plan, with or without
modifications, or disapprove the waste facility plan based on the
following criteria:
1.
Whether the public convenience and necessity require the approval
of the waste facility plan for the proposed landfill, waste processing
facility or transfer station. In determining the public convenience
and necessity, the Division Director shall consider:
a.
The number of landfills, waste processing facilities and transfer
stations necessary to ensure continued cost effective and environmentally
sound solid waste management for the entire County.
b.
The locations best suited to serve the needs of the County.
c.
The length of time that a proposed location can be expected to be
used as a facility to accommodate the best interests of the populace
of St. Charles County.
d.
The possible environmental and other quantifiable negative effect(s)
on the properties adjacent to and nearby the proposed facility.
2.
Whether approval of the waste facility plan is in the best interest
of the general health and welfare of the residents of the County and
protective of its environmental resources.
3.
Whether the approval of the waste facility plan would in any way
create a hazard or menace to the public health, and whether it would
create a nuisance.
4.
Whether the approval of the waste facility plan significantly enhances
long-term stabilization of solid waste management in St. Charles County.
5.
Whether the approval of the waste facility plan would violate the
provisions of this Chapter, of other ordinances or regulations of
St. Charles County, or of any Statutes or regulation of the State
of Missouri.
B.
Any
waste facility plan submitted which does not satisfy the above criteria
shall not be approved by the Division Director or the County Council.
[Ord. No. 01-061 §§1—8, 5-30-2001]
An applicant whose application is denied or approved with modifications unacceptable to the applicant, or any person who believes himself to be aggrieved by the decision of the Division Director, may appeal such denial or approval to the County Council within thirty (30) days following notice of the decision of the Division Director following the hearing before the Division Director. If the applicant is appealing from a decision of the Division Director approving the plan with modifications, the appeal shall state in what manner the decision of the Division Director aggrieves him. The procedure shall be the same as described in Section 240.735 where the County Council reviews the decision of the Division Director on its own motion.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Within
thirty (30) days after receipt of the decision of the Division Director
approving or denying a waste facility plan, the County Council, upon
motion adopted by majority vote, may exercise the power of review
of any decision of the Division Director on an application for issuance
of a license for the construction and operation of a sanitary landfill,
demolition landfill, waste processing facility or transfer station.
B.
Upon
adoption of the motion to exercise the power of review, the County
Council shall refer the subject to the Division Director. The Division
Director shall respond thereon to the County Council, forwarding a
complete copy of his file to the County Council and with a report
disclosing in what respect the application and the facts offered in
support thereof require the approval or denial of the application
or the modifications imposed.
C.
Before
acting on the application for issuance of a license, the County Council,
or its designated committee, shall set the matter for hearing. The
County Council shall give written notice of such hearing to the applicant
and all other persons who appeared and spoke in favor or in opposition
to the application at the public hearing before the Division Director.
The applicant shall be heard at the hearing. In addition, any other
person or persons who, in the discretion of the County Council, will
be aggrieved by any decision or action with respect to the issuance
of a license may also be heard at the hearing.
D.
Following
the hearing by the County Council, or its designated committee, on
an application, the County Council may affirm, reverse or modify,
in whole or in part, any determination of the Division Director.
E.
No
approval of a waste facility plan by the Division Director shall be
considered final approval until the thirty (30) day period for acceptance
for review by the County Council has passed without the Council so
acting.
[Ord. No. 01-061 §§1—8, 5-30-2001]
If a waste facility plan is finally approved, either by the Division Director or following an exercise by the Council of its power of review, a license shall be issued by the Division Director upon payment to the Division Director of the annual licensing fee described in Section 240.840 and a showing satisfactory to the Division Director that the insurance requirement of Section 240.1101 and the bonding requirements of Sections 240.1110, 240.1120 and 240.1130 have all been met.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The license issued by the Division Director shall be personal
to the applicant and may not be transferred.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The license issued by the Division Director shall be for a fixed number of years equal to the estimated operating life of the facility as contained in the approved waste facility plan. Notwithstanding the issuance of a license for a fixed number of years, the waste facility plan and the license must be reviewed annually subject to the provisions of Section 240.810 et seq., and the modifications requested by the operator in the annual application may include a request that the term of the license be changed.
[Ord. No. 01-061 §§1—8, 5-30-2001]
Upon receipt of a license issued by the Division Director, and upon payment to the Division Director of the annual licensing fee described in Section 240.840 and a showing satisfactory to the Division Director that the insurance requirement of Section 240.1101 and the bonding requirements of Sections 240.1110, 240.1120 and 240.1130 have all been met, the applicant becomes the operator of the facility for which the license was issued.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Landfills, waste processing facilities and transfer stations which operated or were licensed to construct or operate pursuant to ordinances and rules in effect prior to the effective date of this Chapter are exempted from the requirement of presenting an initial waste facility plan pursuant to Sections 240.620, 240.630 and 240.640. Renewal applications and licenses are required on annual basis pursuant to Section 240.830. Notwithstanding the foregoing, however, the first (1st) renewal application made by the operator of such an existing facility shall contain a plan for closure in compliance with the closure requirements of this Chapter imposed upon applications for new facilities.
