[Adopted 8-5-1997 by Ord. No. 97-1461 as
Secs. 27.01 through 27.18 and 27.30 of the 1997 Code]
It is hereby determined and declared to be necessary
in the interest of the public health, public safety and public welfare
that the City of Franklin shall regulate the storage, collection,
transportation, treatment, utilization, processing and final disposal
of solid waste by any person and the licensing of solid waste disposal
sites and facilities for the protection of the environment in the
City of Franklin.
For the purpose of this article, the following
terms shall have the meanings indicated:
A collecting and transporting service is a municipal or privately
operated agency, business or service for the collecting or transporting
of solid waste for disposal purposes.
The controlled biological decomposition of solid waste in
a manner resulting in an innocuous final product.
Discarded material resulting from the handling, processing,
storage, preparation, serving and consumption of food.
The process of burning wastes for the purpose of volume and
weight reduction in facilities designed for such use.
An individual, group of individuals, partnership, firm, corporation,
association, state, county, City, village, township, sanitary district
or other government corporation.
Combustible and noncombustible discarded material, including
but not limited to trash, rubbish, paper, wood, metal, glass, plastics,
rubber, cloth, ashes, litter and street rubbish, sewage treatment
residue, industrial wastes, dead animals, mine tailings, gravel pit
and quarry spots, toxic and hazardous wastes and material and debris
resulting from construction or demolition.
Sites used for the storage or sale of salvageable materials
or for the purposes of salvage, wrecking, dismantling or demolition
of salvageable materials.
Discarded material no longer of value as intended, but which
is stored or retained for salvage, sale or future reuse.
A method of disposing of solid waste on land without creating
nuisances or hazards to public health or safety, by utilizing the
principles of engineering to confine the solid waste to the smallest
practical area, to reduce it to the smallest practical volume and
to cover it with a layer of earth at the conclusion of each day's
operation, or at such more frequent intervals as may be necessary.
Garbage, refuse and all other discarded or salvageable material,
including waste material resulting from industrial, commercial and
agricultural operations and from domestic use and public service activities,
but does not include solid or dissolved material in wastewater effluents
or other common water pollutants.
The site, facility, operating practices, and maintenance
thereof, for the utilization, processing or final disposal of solid
waste, including but not limited to land disposal, incineration, composting,
reduction, shredding, compression and salvage.
Waste materials such as pesticides, acids, caustics, pathological
wastes, radioactive materials, flammable or explosive materials and
similar chemicals and harmful wastes which require special handling
and disposal to protect and conserve the environment.
All solid waste shall be stored, collected,
transported, utilized, processed and disposed of or reclaimed in a
manner consistent with requirements of this article.
A.
The owner and occupant of any premises, business establishment
or industry shall be responsible for the sanitary storage of all solid
waste accumulated at that premises, business establishment or industry.
B.
Garbage and similar putrescible waste shall be stored
in:
(1)
Durable, rust-resistant, nonabsorbent, watertight,
rodentproof and easily cleanable containers, with close-fitting, flytight
covers, and having adequate handles or bails to facilitate handling;
or
(2)
Other types of containers acceptable to the City and
conforming to the intent of this article. The size and allowable weight
of the containers shall be determined by the collection agency, subject
to approval by the City.
C.
Refuse shall be stored in durable containers or as
otherwise provided in this article. Where garbage and similar putrescible
waste are stored in combination with nonputrescible refuse, containers
for the storage of the mixture shall meet the requirements for garbage
containers.
D.
Toxic or hazardous materials or substances shall be
stored in watertight, tightly covered, adequately labeled containers
and in a safe location. Containers used for storing sharps must be
either an approved biohazard container or a plastic container that
displays a clearly visible biohazard label, is rigid, puncture-resistant
and has a screw-top lid.
[Amended 7-8-2008 by Ord. No. 2008-1947]
E.
All containers for the storage of solid waste shall
be maintained in such a manner as to prevent the creation of a nuisance
or menace to public health. Containers that are broken or otherwise
fail to meet requirements of this article shall be replaced with acceptable
containers.
F.
Objects too large or otherwise unsuitable for storage
containers shall be stored in a nuisance-free manner and consistent
with directions of the City.
G.
The owner and/or occupant of any premises shall be
responsible for placing his or her garbage and refuse container at
the curbside not more than 12 hours before the day his or her garbage
or refuse is to be picked up. After pickup of garbage and refuse,
the container must be removed from the street site by the owner or
occupant of the premises on the same day that pickup occurred. Beginning
January 3, 1993, no yard waste shall be collected, and no person shall
place or provide any yard waste for regular collection or pickup.
"Yard waste" means leaves, grass clippings, yard and garden debris
and brush, including woody vegetative material no greater than six
inches in diameter.
[Amended 3-1-2016 by Ord.
No. 2016-2206]
A.
Responsibility of owner and occupant.
(1)
The owner and occupant of any premises, business establishment or industry shall be responsible for the satisfactory collection and transportation of all solid waste accumulated at that premises, business establishment or industry to a solid waste disposal site or facility, unless arrangements for such purpose have been made with a collecting and transporting service holding a permit from the City. Single-family and two-family through four-family residences shall be served by the City contract hauler, and the owners and occupants of such properties shall place solid waste at curbside pursuant to § 218-4G.
(2)
The
owner of any premises served by the City contract hauler shall pay
a solid waste collection service fee to the City for such services
by way of an annual charge upon the real property tax bill for such
premises. The amount of such fee shall be as determined by the Common
Council for such year as set forth in an ordinance adopting the City
budget(s) for such year. Any owner of any premises served by the City
contract hauler for which such services commenced at a time during
a year such that the annual costs thereof did not appear upon the
real property tax bill for the property assessing such costs for the
subject year's service shall be billed for such services by the City
upon the commencement of such services for the balance of the year(s)
of such services to be provided, until the cost for same becomes a
charge on the real property tax bill for such premises. Any amount
so billed and remaining unpaid for such premises at the time of the
preparation for a tax bill upon a City budget adopted for the forthcoming
year shall be added to the annual charge for the forthcoming year
as a charge upon the real property tax bill.
B.
All persons engaged in the business of collecting and transporting services, except those engaged exclusively in such business for materials such as junked automobiles, demolition material, mine tailings or gravel pit and quarry spoils, shall obtain an annual permit from the City as indicated in this article. No collecting or transporting service shall provide services to any person not fulfilling storage requirements of § 218-4.
C.
Vehicles or containers used for the collection and
transportation of garbage and similar putrescible wastes, or refuse
containing such materials, shall be covered, leakproof, durable and
of easily cleanable construction. These shall be cleaned frequently
to prevent nuisances or insect breeding and shall be maintained in
good repair.
D.
Vehicles or containers used for the collection and
transportation of any solid waste shall be loaded and moved in such
a manner that the contents will not fall, leak or spill therefrom
and shall be covered when necessary to prevent blowing of material.
Where spillage does occur, the material shall be picked up immediately
by the collector or transporter and returned to the vehicle or container
and the area properly cleaned.
No person shall dispose of any solid waste,
including salvageable material, at any site or facility not licensed
by the City, except for acceptable containers placed at appropriate
locations for the public convenience. Licensing shall not be required
for the following sites, but they are to be operated and maintained
in a nuisance-free and aesthetic manner consistent with the intent
of this article:
A.
Sites used for the disposal of solid waste from a
single family or household, a member of which is the owner, occupant
or lessee of the property.
B.
A farm on which only animal wastes resulting from
the operation of the farm are disposed of.
C.
Sites for the exclusive disposal of mine tailings,
spoils from gravel or quarry operations and similar material.
D.
Incinerators having a capacity of less than 500 pounds
per hour.
No person shall establish, maintain, conduct or operate a solid waste disposal operation, except as provided in § 218-6, without first obtaining an annual license from the City, or engage in a collecting and transporting service without first obtaining an annual permit from the City. The license or permit will terminate June 30 of each year.
A.
Any person desiring a license or permit for an existing
solid waste disposal operation or collecting and transporting service
shall annually, before June 1, make application to the City Clerk
on forms provided by the City. Any person desiring a license for a
new solid waste disposal operation or collection and transporting
service shall make application at least 90 days prior to the desired
effective date. A separate application shall be submitted for each
solid waste disposal operation or collecting and transporting service.
B.
The applications shall set forth the following:
(1)
The name, residence and address of the applicant.
(2)
A legal description of the lands upon which such dumping
and disposal of trash and garbage is proposed.
(3)
The applicant's right to use such premises.
(4)
Statement of the type of operation proposed.
(5)
Whether the applicant proposed to operate such sanitary
landfill individually and, if not, with whom he or she will be associated,
together with the names and addresses of his or her associates.
C.
Procedural steps in connection with application and
documents:
(1)
Upon filing of the application and supporting documents,
the City Clerk shall refer the application to the City Engineer and
the City Planner.
(2)
The City Engineer and City Planner shall review the
proposal and shall submit a report to the Plan Commission within 60
days after the matter has been referred to them.
(3)
The Plan Commission shall consider the application,
together with the report of the City Engineer and City Planner, and
shall make a recommendation to the Council within 30 days of receiving
the report from the City Engineer and City Planner.
(4)
If either the City Engineer and City Planner or the
Plan Commission submits the report or recommendation within the above-specified
times, the Plan Commission or Council, as the case may be, may proceed
with its recommendation or decision.
A.
If an applicant for the use and operation of a sanitary landfill site shall present a license issued by the state under the provisions of Ch. 289, Wis. Stats., the Council shall approve and grant a City permit for the operation of sanitary landfills and shall authorize and direct the issuance of a permit by the City Clerk, subject to Subsections B and C below.
[Amended 12-15-2008 by Ord. No. 98-1526]
B.
If the Council, upon consideration of the application
and the reports and recommendation of the Plan Commission, the City
Engineer and the City Planner, shall determine that the use or operation
of said sanitary landfill disturbs or would disturb the peace and
quiet or in any manner adversely affects or would affect the public
health, safety, welfare or morals of the City, or any portion thereof,
it shall deny said application by formal action entered in the minutes
of the City Clerk; otherwise, it shall approve and grant said permit
and shall authorize and direct the issuance of a permit by the City
Clerk. The Council may, as a condition to the granting of such permit,
impose such rules and regulations as are necessary to prevent the
operation of such sanitary landfill from becoming a nuisance and to
prevent the same from adversely affecting the public health, safety,
welfare or morals of the City, or any portion thereof, and may require
the applicant to enter into an agreement relating to the terms and
conditions by which such sanitary landfill shall be operated.
C.
Before such permit shall be issued, the applicant
shall file with the City Clerk a surety bond in an amount to be determined
by the Council, conditioned upon and as a guarantee that the applicant
will fully abide by all of the terms and provisions of this article
or any other ordinance of the City applicable thereto and any rules
and regulations imposed by the Council as conditions for granting
of such permit. The applicant shall also file with the City Clerk
proper evidence showing that such applicant has public liability insurance
in an amount to be determined by the Council. The form of the bond
and public liability insurance required shall be approved by the City
Attorney before a permit is issued.
No sanitary landfill shall be used or operated
in such manner as to disturb the public peace and quiet or affect
adversely the health, safety, welfare or morals of the community,
or any portion thereof, by reason of excessive or uncontrolled noise,
odors, dust, dirt or waste materials or by reason of the hours of
operation thereof, or for any other reason.
Solid waste disposal operations are prohibited
within the following areas, unless written permission for use of such
location is obtained from the City:
A.
Within 1,000 feet of any navigable lake, pond or flowage.
B.
Within 300 feet of a navigable river or stream or
to the landward side of the floodplain, whichever distance is greater.
C.
Within the floodplain of any watercourse.
D.
Within an area from which solid waste or leaching
therefrom may be carried into any surface water.
E.
Within an area from which leaching from solid waste
may have detrimental effect on groundwater.
F.
Within 1,000 feet of the nearest edge of the right-of-way
of any state trunk highway or the boundary of a public park. Permission
will not be granted under this subsection for a site which is not
screened by natural objects, plantings, fences or other appropriate
means so as not to be visible from the highway or park, unless written
permission has first been obtained from the City.
A.
A sanitary landfill shall not be established until
the site location and proposed method of operation have been approved,
in writing, by the City. A minimum of three sets of the following
information shall be submitted to the City for review to enable consideration
for approval at the time of application for permit:
(1)
Map or aerial photograph of the area showing land
use and zoning within 1/4 mile of the solid waste disposal site. The
map or aerial photograph shall be of sufficient scale to show all
homes, industrial buildings, wells, watercourses, dry runs, rock outcroppings,
roads and other applicable details and shall indicate the general
topography.
(2)
Plot plan of the site showing dimensions, location
of soil borings, proposed trenching plan or original fill face, winter
cover stock piles and fencing. Cross sections shall be included on
the plot plan or on separate sheets showing both the original and
proposed fill elevations. The scale of the plot plan should not be
greater than 200 feet per inch.
(3)
A report shall accompany the plans indicating:
(a)
Population and area to be served by the proposed
site.
(b)
Anticipated type, quantity and source of material
to be disposed of at the site.
(c)
Geological formations and groundwater elevations
to a depth of at least 10 feet below the proposed excavation and lowest
elevation of the site. Such data shall be obtained by soil borings
or other appropriate means.
(d)
Source and characteristics of cover material
and method of protecting cover material for winter operation.
(e)
Type and amount of equipment to be provided
at the site for excavating, earthmoving, spreading, compaction and
other needs.
(f)
Persons responsible for actual operation and
maintenance of the site and intended operating procedures.
B.
Any person who maintains or operates a sanitary landfill
site or permits the use of property for such shall maintain and operate
the site in conformance with the following practices unless otherwise
allowed by the City in granting the required license:
(1)
Open burning of solid waste is prohibited unless otherwise
approved.
(2)
No solid waste shall be deposited in such a manner
that material or leachings therefrom will have a detrimental effect
on any ground or surface water.
(3)
Dumping of solid waste shall be confined to as small
an area as practicable and surrounded with appropriate facilities
to confine possible windblown material within that area. At the conclusion
of each day of operation, all windblown material resulting from the
operation shall be collected and returned to the area by the owner
or operator.
(4)
Each single layer of garbage or refuse shall be compacted
to a depth of approximately two feet. No more than three compacted
layers may be placed prior to covering.
(5)
Solid waste shall be compacted and covered after each
day of operation, or as specified by the City, with a compacted layer
of at least six inches of suitable cover material. Surface water drainage
shall be diverted around the landfill area.
(6)
Putrescible materials, such as spoiled foods and animal
carcasses, shall be immediately covered and compacted as indicated
in this article.
(7)
Special revisions shall be made to dispose of toxic and hazardous wastes in compliance with Subsection C.
(8)
The boundaries of the disposal site shall be fenced
and a minimum separating distance of 20 feet maintained between the
disposal operation and adjacent property.
(9)
Effective means shall be taken to control flies, rodents
and other insects or vermin.
(10)
The approach road to the disposal site shall
be of all-weather construction and maintained in good condition.
(11)
The operation shall be conducted in a manner
to allow traffic at the site to travel over the filled area as much
as possible to aid in compaction.
(12)
Equipment shall be provided to control accidental
fires and arrangements made with the Fire Department to immediately
acquire their services when needed.
(13)
An attendant shall be on duty at the site at
all times while it is open for public use.
(14)
A gate shall be provided at the entrance to
the site and kept locked when an attendant is not on duty.
(15)
A sign identifying and showing the license number
of the site and indicating the hours during which the site is open
for public use, penalty for nonconforming dumping and other pertinent
information shall be posted at the site entrance.
(16)
The site shall be surrounded by rapidly growing
trees, shrubbery or other appropriate means to screen it from the
surrounding area and to provide a natural windbreak.
(17)
Within one week after final termination of a
site, or a major part thereof, the area shall be covered with at least
two feet of compacted earth material adequately sloped to allow surface
water runoff.
(18)
The finished surface of the filled area shall
be covered with adequate topsoil and seeded with native grasses or
other suitable vegetation immediately upon completion or immediately
in the spring on areas terminated during winter conditions. If necessary,
seeded slopes shall be covered with straw or similar material to prevent
erosion.
(19)
Prior to completion of a sanitary landfill site,
the City shall be notified in order that a site investigation may
be conducted by the City before earthmoving equipment is removed from
the property.
(20)
Following the completion and abandonment of
the sanitary landfill site, inspection and maintenance shall be continued
by the landfill owner or operator until the fill becomes stabilized.
C.
Significant quantities of toxic and hazardous wastes
shall be disposed of in accordance with the following procedures:
(1)
A separate area shall be designated for the disposal
of these materials. A sign shall be posted in the area, indicating
its designated use and precautions which shall be taken during disposal.
(2)
Disposal shall take place at least 10 feet above the
groundwater level; at least 10 feet above limestone, quartzite or
granite-type bedrock; and at least six feet above sandstone. Where
practical, clay-type soil shall be chosen. The disposal site shall
be downgrade and away from any wells, buildings, crops and livestock
holding, exercise or pasture areas.
(3)
When possible, all toxic and hazardous wastes shall
be neutralized or otherwise made harmless prior to disposal.
(4)
Upon disposal of toxic and hazardous wastes, containers
and any materials washed from the vehicles transporting the materials
shall be immediately covered with at least 18 inches of earth prior
to compaction. The practice of covering before compacting will minimize
the hazard of poisonous fumes which may arise from crushed containers.
A.
Trench method.
(1)
The trench method shall consist of excavating a trench
from three to six feet in depth and from 10 to 20 feet in width, the
dimensions depending upon the volume of refuse to be disposed of.
The length may vary with the length of the disposal area. However,
the dimensions must be adequate depending on the size of the tract
to be used for proper compaction.
(2)
A ramp shall be provided at either end for incoming
trucks to dump from. The refuse shall then be brought together and
compacted by means of adequate equipment to be provided for this purpose.
(a)
Successive layers of refuse shall be placed
and compacted at the end of each day of operation.
(b)
At the end of each day of operation the compacted
refuse shall be covered by placing and packing cover material over
all exposed refuse to a minimum depth of six inches, the object being
to make a closed cell of each day's deposits.
(c)
Cover materials are to consist of sand, gravel
and excavated materials or any other material which will not cause
a nuisance such as dust, odors or fires.
B.
Ramp method.
(1)
The ramp method, which provides the use of a slope
of a bank, shall consist of trucks dumping refuse at the bottom of
the slope. The refuse shall then be compacted by bulldozing it against
the sloped section of the ramp in layers or by running the tractor
over each layer starting from the bottom of the ramp and working to
the top of the fill.
(2)
The placing and compacting operations shall continue
throughout the day of operation.
(3)
At the end of each day's operation, cover material which has been excavated from adjacent rises by trenching or brought to the site shall be placed over all exposed refuse to a minimum depth of six inches as described in the trench method. Such cover material shall be of the type described in Subsection A(2)(c).
(4)
The normal face of the working fill shall be kept
at an approximate twelve-foot width, but at all times shall be kept
as narrow as is consistent with the proper operation of trucks and
equipment in order that the waste material exposed during the operation
day is minimum.
C.
Equipment.
(1)
Equipment shall be of such type and size as to adequately
provide for the proper compaction and handling of any amount of refuse
disposed.
(2)
The type of equipment required shall be tractor shovels,
bulldozers, bulldozer-tractor-scraper combinations, or any other equipment
approved by the Council.
(3)
Sufficient standby equipment shall be provided or
made available to prevent delay in covering because of breakdown or
peak loads.
D.
General specifications.
(1)
The entire site, including the fill surface, shall
be graded and provided with drainage facilities to minimize runoff
onto and into the fill, to prevent erosion or washing of fill, to
drain off rainwater falling on the fill and to prevent the collection
of standing water.
(2)
Blowing paper shall be controlled by providing a portable
fence near the working area. The entire area shall be policed regularly.
At the end of each day the landfill operator shall clean up the area
surrounding the site of the landfill operation and shall dispose of
all papers or other refuse in the manner hereinabove provided. The
landfill operator shall clean up all waste materials which might accumulate
on adjoining properties at the end of each workday.
(3)
Vehicle access.
(a)
All vehicles carrying refuse for dumping within
the area shall enter and leave the property according to routes which
are approved by the Council. Access roads shall be designed and constructed
so that traffic will flow smoothly and will not be affected by ordinary
inclement weather. Such roads shall be dustproof.
(b)
Access to the landfill site shall be limited
to those times when an attendant is on duty and only to those authorized
to use the site for the disposal of refuse.
(c)
Adequate gates at all entrances to the property
shall be provided, and these gates shall be securely locked during
such periods when the sanitary landfill is not in operation.
(4)
Sanitary landfill operations shall be confined from
7:00 a.m. to 7:00 p.m. daily, except Sundays and holidays. No dumping
of any kind or description shall be permitted on Sundays and holidays.
(5)
The sanitary landfill operator shall have an attendant
or attendants upon the property at all times during the hours provided
for such sanitary landfill operations, who will supervise such operations.
The attendant shall be a responsible person who is both able to understand
and to implement the plans and specifications. The responsibility
for efficient, courteous and proper management shall rest wholly with
the sanitary landfill operator or persons delegated by him or her.
(6)
Dumping of refuse or waste materials shall not be
permitted in any area which is lower than three feet above the high-water
table, and before dumping of any refuse or waste material shall be
permitted in any such area, it shall be filled and covered to a depth
of at least three feet above the high-water with pit run material.
Dumping in open water on the premises shall be permitted but shall
be limited to the disposal of dirt, rocks, broken-up concrete and
other similar materials and large objects which will compact solidly.
Before any sanitary landfill operations shall be permitted over any
filled-in water area, such area shall be covered to a depth of at
least three feet above the high-water table with pit run materials.
Floating waste materials on open water shall be prohibited.
(7)
A layer of suitable cover material compacted to a
minimum thickness of two feet shall be placed over the entire surface
of each portion of the final lift not later than one week following
the placement of refuse within that portion. The soil used as cover
material shall be of such character that it can be compacted to provide
a tight seal, does not crack excessively when dry and is relatively
free of putrescible materials and large objects. Control of rodents
shall be maintained until the fill has stabilized. After the active
period of the filling operation is completed, a maintenance program
shall be continued until the fill has become stabilized so as to ensure
prompt repair of cracks, depressions and erosion of surface and side
slopes. Such maintenance program shall be continued so long as the
sanitary landfill area remains vacant land or until the Council shall
otherwise determine. If daily operations are discontinued at any time,
the owner shall continually maintain a minimum of 24 inches cover
of suitable material over all refuse, and this material shall have
been placed within one week of the daily operations being discontinued.
(8)
Spraying of exposed waste material and adjacent surfaces
shall be provided by the owner when ordered by the City Council, City
Engineer or Health Officer, to allay dust and obnoxious odors therefrom.
(9)
Sanitary landfill operations shall be in an orderly
fashion beginning in Area 1, as designated on the maps submitted,
and continuing at that location until the final grade has been reached.
Subsequent operations shall then be permitted in any of the other
areas designated on said map; however, said operations at any one
time shall be limited to only one area and shall continue in that
area until the final grade is reached in that area. At all times the
owner shall provide means by which to have adequate cover for each
day's operations.
(10)
Refuse shall be spread and compacted in shallow
layers not exceeding a depth of two feet of compacted material. Individual
lifts shall be no greater than six feet in depth.
(11)
Sewage solids or liquids (septic tank or cesspool
pumpings and sewage sludge and grit) and other hazardous materials
shall not be dumped.
(12)
If any refuse is deposited which contains combustible
material, material of such a nature which will cause, by fire or chemical
reaction, or otherwise, any emission of smoke, fumes or odors which
may require special treatment or control thereof, the owner, at its
own discretion, or on order of the City Council, the City Engineer,
City Health Officer or City Attorney, shall immediately take the necessary
action to prevent fire or chemical reaction or any other condition
which may cause a nuisance or damage to adjoining properties. There
shall be no burning in the sanitary landfill area. All burning shall
be conducted only at a separate unloading area as designated on the
contour maps submitted and with permission and in accordance with
the regulations established by the appropriate authorities. At such
time as the designated burning area is included in a sanitary landfill
operation, the owner, with approval of the City Engineer, shall designate
a new burning area. The owner shall control said sanitary landfill
operations at all times so as to prevent any fires therein. If a fire
does occur, the owner shall be responsible for putting out such fires
promptly and at its own cost and expense.
(13)
Special provisions shall be made for the disposal
of large, heavy or bulky items. Areas for these items shall be shown
on the maps submitted for approval. Equipment used for the compaction
or disposal of these items shall be listed in the application for
a permit.
(14)
Conditions unfavorable for the production of
insects and rodents shall be maintained by carrying out routine landfill
operations promptly in a systematic manner. Supplemental vector control
measures shall be instituted whenever and wherever necessary.
(15)
No animals shall be permitted on the landfill
site.
(16)
Suitable shelter and sanitary facilities shall
be provided for personnel. The facilities proposed shall be indicated
on the permit application.
(17)
The sanitary landfill operator shall save the
City harmless from any claim or demand by person of any injuries or
property damage sustained by any person. The sanitary landfill operator
shall permit the inspection of the premises being used for such sanitary
landfill operations by the City Council or any member thereof, the
City Engineer, Health Officer or Attorney at all reasonable times
and agrees to comply with all orders and regulations issued by the
person hereinabove designated so as to insure the operation of such
sanitary landfill operations in such a manner so as to prevent any
nuisance to exist upon the premises as the result of the sanitary
landfill operations being conducted thereon.
Inert materials, incinerator residue of low combustible content and noncombustible materials, such as concrete, brick, stone, sand, metals and similar materials, may be disposed of at a landfill site which shall comply with all provisions of § 218-11B, with the exception of Subsections B(4), (5) and 12, if it will result in a nuisance-free operation.
A.
Upon conviction of the holder of any permit for the
violation of any provision of this article, or violation of any state
law relating to the operation of the sanitary landfill, his or her
permit shall be revoked by resolution of the City Council. No stay
of execution shall operate as a continuance of the permit, but a reversal
of the judgment of conviction upon appeal and the filing of the certified
copy of such judgment of reversal with the City Clerk shall operate
as a reinstatement of the permit.
B.
Any permit which shall be issued hereunder shall be
subject to revocation for cause by the Council at any time following
a hearing at a regular or special meeting of the Council. Notice of
any proceeding for revocation of any permit issued hereunder shall
be addressed to the address of such permit holder appearing upon the
application for such permit on file with the City Clerk at least 10
days before the hearing, and such notice shall be mailed by certified
mail. The Council, following such hearing, and upon determination
that the manner of use or operation of the sanitary landfill is such
that this article or any portion thereof or any other ordinances of
the City applicable thereto have been violated or that any rules and
regulations promulgated by the Council or the terms and provisions
of any agreement entered into by the sanitary landfill operator as
conditions for granting of such permit have not been complied with,
may revoke the permit.
C.
If any permit is revoked or the Council refuses to
renew a permit as herein provided, the holder of any permit shall,
within 30 days after revocation or the expiration date of any permit,
cover with a suitable material all refuse deposited within the sanitary
landfill to a depth of at least 24 inches and in the same manner as
though the ultimate grade of the fill were reached as provided in
this article. If the holder of any permit fails to comply with such
requirements, the Council may cause such fill to be completed as herein
provided, and the holder of such permit shall pay all costs and expenses
in connection therewith. If the permit holder does not pay the costs
and expenses incurred by the City within 30 days from the date of
billing, the City may then resort to the bond filed for payment.
No permit issued pursuant hereto shall be assignable
or inure to the benefit of any other than the person to whom the permit
was originally issued. Such permit shall not be transferable from
one premises to another.
A.
A fee as specified in Chapter 169, Licenses and Permits, shall be charged to the applicant for a sanitary landfill permit to defray the cost of investigation, publication and posting of notices required by this article. Such fee shall be deposited by the applicant with the City Clerk at the time the application for such permit is filed. If a permit is granted, a permit fee as stated in Chapter 169 shall be charged therefor, which sum shall be deposited with the City Clerk at the time of issuing the permit. Permits shall be dated as of the date of issuance and shall expire on June 30 next following the issuance thereof.
B.
Application for renewal of any sanitary landfill permit
shall be filed with the City Clerk not later than April 30 and shall
be accompanied by the fee and a revised plan showing:
C.
The City Clerk shall, upon receiving the application for renewal of the permit, follow the procedures outlined in § 218-7C(1).
E.
If such application for renewal of such permit is not filed by April 30, an additional sum shall be added to the fee for such permit for each and every calendar day which elapses after April 30 to the date that such application for renewal of such permit is filed. In the event that the application for the renewal of such permit is not filed by June 15, the present permit shall be terminated as of its expiration date, and any application for a permit shall then be treated in accordance with the provisions of § 218-7.
Modification of existing sites and facilities
and of operating procedures to conform to the requirements of this
article shall be accomplished as promptly as possible. When the degree
of necessary improvement is of such extent that immediate compliance
cannot be accomplished, special consideration may be made by the City.
In such event, the owner of the nonconforming site or facility shall,
not later than June 1, 1969, submit to the City a report setting forth
a program and plan for compliance with this article, along with a
time schedule for submitting formal plans and specifications, and
commencement for construction of necessary improvements. After submission
and consideration of this report, the City shall require completion
of necessary improvements in accordance with the schedule as submitted
or as modified by the City.
Any duly authorized officer, employee or representative
of the City may enter and inspect any property, premises or place
at any reasonable time for the purpose of determining compliance with
this article.
