Warren County, VA
 
[HISTORY: Adopted by the Board of Supervisors of Warren County as Ch. 13 of the 1975 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 125.

§ 102-1 Prohibited disposition of wastes.

[Amended 9-7-1988]
A. 
It shall be unlawful for any person to dispose of any garbage, trash, litter, refuse, rubbish or other waste matter, whether liquid or solid, which waste matter shall not be deemed to include dirt, rocks, sand or gravel, in any well, spring, reservoir, watercourse or body of water or upon any street, sidewalk or public grounds or in or at any other place other than grounds designated by the Board of Supervisors for such purpose, and then only in the manner provided by regulations relating thereto; except that a landowner may dispose of debris waste derived or generated entirely from a parcel of land owned by such landowner in a debris landfill located entirely on such parcel of land, provided that no other law, ordinance or regulation is violated thereby; and further excepted that the landfilling of solid waste which includes only rocks, brick, block, dirt, broken concrete and road pavement and which contains no paper, yard or wood wastes and which creates no open dump, hazard or public nuisance may be permitted on any person's property with the permission of the landowner, but only when conducted in accordance with a land disturbing permit issued for the activity in accordance with the provisions of Chapter 150 of the Warren County Code (Soil Erosion and Sedimentation Control) and when in compliance with the solid waste management regulations of the Commonwealth of Virginia.
[Amended 2-21-1995]
B. 
It shall be unlawful for any person to dispose of any garbage, trash, debris waste, litter, refuse, rubbish or other waste matter, whether liquid or solid, on a public highway, right-of-way or upon the private property of another without the written consent of the owner thereof or his agent, and then only in such manner that it will not endanger the health or safety of persons or be subject to scattering by the elements of nature or otherwise constitute a nuisance.
C. 
When a violation of Subsection B hereof has been observed by a person and the matter dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse, litter, rubbish or other waste matter; provided, however, that such presumption shall be rebuttable by competent evidence.

§ 102-2 Covering of vehicles transporting garbage or trash.

[Amended 3-19-2002]
A. 
No vehicle shall be operated or moved on any highway unless it is so constructed, maintained and loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping. No provision of this section, however, shall apply to any:
(1) 
Motor vehicle that is used exclusively for agricultural purposes as provided in Virginia Code § 46.2-698 and that is not licensed in any other state;
(2) 
Agricultural vehicle, trailer, or other vehicle exempted from registration and licensing requirements pursuant to Article 6 (§ 46.2-662 et seq.) of Chapter 6 of Title 46.2 of the Code of Virginia; or
(3) 
Motor vehicles transporting forest products, poultry or livestock.
B. 
The loads of all trucks, trailers, and semi-trailers carrying gravel, sand, coal, or other nonagricultural and nonforestry products on interstate, primary, or secondary highways or roads shall be either secured to the vehicle in which they are being transported or covered. Covers used to prevent the escape of material from commercial vehicles used to transport solid waste shall be of such design, installation, and construction as to contain the vehicle's cargo within the vehicle, regardless of the vehicle's speed or weather conditions. While engaged in snow removal operations, public service company vehicles, pick-up trucks, and emergency snow removal equipment shall be excluded from the provisions of this subsection.

§ 102-3 Burning of leaves.

[Added 5-16-1978]
Leaves originating on the premises of private residences may be burned on those premises, provided that:
A. 
Such burning is done between 4:00 p.m. and 12:00 midnight, and all embers are totally extinguished at the end of this period.
B. 
No material will be added to the fire between 12:00 midnight and 4:00 p.m.
C. 
The location of burning is not less than 100 feet from any occupied building unless the occupant has given prior written permission.
D. 
To minimize the possibility of contaminant emission from inadvertent fires, at no time shall the fire be unattended.
E. 
All burning of leaves permitted under this section shall not be commenced and shall be immediately terminated upon declaration of an alert warning or emergency stage of the air pollution episode when proclaimed by either the Executive Director of the State Air Pollution Control Board or his designated representative.

§ 102-4 Violations and penalties.

[Added 6-18-1990]
Any person who shall violate any provision of this article shall be subject to a penalty as set forth in Chapter 1, § 1-11, of the Warren County Code.

§ 102-5 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMBUSTIBLE WASTE
Refuse which is capable of burning or being incinerated in whole or in part; excludes hazardous wastes as defined in this section and includes, but is not limited to, the following:
A. 
Paper and paper products, including tar paper and roofing material.
B. 
Cloth and clothing.
C. 
Wood and wood products.
D. 
Brush, shrubbery, lawn clippings and sod.
E. 
Street sweepings.
F. 
Rubber and rubber products, including automotive tires.
G. 
Plastic and plastic products.
H. 
Leather and leather products.
I. 
Drums, cans or other containers which have substantially been emptied of their contents.
J. 
Garbage, including all animal and vegetable waste, except the waste products of slaughterhouses, packing plants and fowl-processing plants.
DEBRIS LANDFILL
A debris waste management processing or disposal site, including any and all contiguous land, structures and other appurtenances, and improvements thereon used for debris waste disposal and associated activities.
[Added 9-7-1988]
DEBRIS WASTE
Inert solid waste such as brick or block, wood chips, tree stumps or brush.
[Added 9-7-1988]
DUMP
A refuse disposal facility other than a sanitary landfill or incinerator; includes any parcel of land where refuse is accepted for deposit or permitted to be deposited without earth cover.
HAZARDOUS WASTE
Those materials which, because of their inherent nature or quantities, require special handling during disposal to avoid creating environmental damage or hazards to public health or safety. "Hazardous waste" includes, but is not limited to, the following:
A. 
Petroleum.
B. 
Paints.
C. 
Plastics.
D. 
Explosives.
E. 
Acids.
F. 
Caustics.
G. 
Chemicals.
H. 
Poisons.
I. 
Drugs.
J. 
Radioactive materials.
K. 
Asbestos fibers.
L. 
Imported wool fibers.
M. 
Pathogenic wastes from hospitals, sanitoriums, nursing homes, clinics and veterinary hospitals.
N. 
Waste from slaughterhouses, poultry processing plants and the like.
O. 
Solvents.
INCINERATOR
A refuse disposal facility which uses a furnace or similar device to reduce the volume of refuse by burning, as part of the disposal process.
LIQUID WASTE
Inorganic refuse in a liquid or semiliquid state; excludes hazardous wastes as defined in this section and includes, but is not limited to, the following:
A. 
Sludge from automobile wash racks and steam cleaning products.
B. 
Mud and water from laundries.
C. 
Ceramic, pottery and glass wastes.
D. 
Sludge derived from the softening of water by the lime-soda process.
E. 
Paint sludge recovered from water circulated in paint spray booths.
F. 
Water containing lampblack and mud from floor washing.
NONCOMBUSTIBLE WASTE
Refuse which is incapable of burning or being incinerated; excludes hazardous wastes as defined in this section and includes, but is not limited to, the following:
A. 
Natural earth.
B. 
Rock, sand and gravel.
C. 
Paving fragments.
D. 
Concrete.
E. 
Brick earthenware, pottery and other clay products.
F. 
Plaster and other gypsum products.
G. 
Glass.
H. 
Asbestos products.
I. 
Metal and metal products, except automobile bodies.
REFUSE DISPOSAL FACILITY
Any site or operation used for the disposal of refuse from two or more residences or from any commercial or industrial operation, including sanitary landfills, incinerators, dumps and transfer stations.
SANITARY LANDFILL
A refuse disposal facility which uses a method of disposing of refuse on land without creating nuisances or hazards to public health or safety by utilizing the principles of engineering to confine the refuse 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.
SOLID WASTE OR REFUSE
Garbage, refuse and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities but not including solid or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.
TRANSFER STATION
An intermediate solid waste disposal facility in which solid waste collected from any source is temporarily deposited to await transportation to the final disposal site or facility.

§ 102-6 Operation requirements.

A. 
Generally. It is unlawful for any person to establish, operate and maintain a sanitary landfill without first securing a permit to do so from the Board of Supervisors. A permit shall not be required for any site 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, but such site shall be operated and maintained in a nuisance-free and aesthetic manner consistent with the intent of this article.
B. 
Refuse collection and hauling.
(1) 
Refuse shall be collected and removed in such a manner that it does not create a nuisance or adversely affect public health, safety and welfare nor create any unnecessary noise.
(2) 
Refuse shall be removed in such a manner and transported so that it does not spill or fall into a street or public way, nor shall it be dumped, spilled or thrown into any street, court, lane, alley, sewer inlet or public or private lands.
(3) 
Collection points must be left clean and free of debris, trash and other refuse after refuse is collected.
(4) 
No known harmful material, including materials which are explosive, toxic, radioactive or highly combustible by nature or burning, shall be knowingly removed for disposal by the refuse hauler except by written permit required of the Board of Supervisors. Responsibility for obtaining such permit shall rest with the person desiring the removal of such material. This section, however, is not applicable to materials loaded and carried at the direction of public officials or public servants executing their duties in emergencies.
(5) 
Vehicles transporting or removing refuse must provide against refuse leaking, spilling, being blown or hurled from or deposited upon any street or public way during loading or while in transit.
(a) 
Two types of vehicles will be permissible:
[1] 
A vehicle with a watertight body, completely enclosed and covered.
[2] 
A vehicle with a nonwatertight body, with built-in cover or with tarpaulin or equally effective cover. Such a vehicle must have secured and covered watertight containers for all liquid or semisolid material.
(b) 
All vehicles must be provided with an affixed fire extinguisher of not less than a one-quart capacity.
(6) 
Each vehicle used by any person for refuse removal or transportation shall be completely emptied each time it is dumped and thoroughly cleaned once a day when in use.
(7) 
No vehicle shall be emptied in the County on any ground or location other than an approved refuse disposal site.
(8) 
Each vehicle used for the transportation of refuse in or through the County which is not subject to the licensing and bonding provisions of this article shall transport the refuse in such a manner so as not to create a nuisance or adversely affect the public health. The refuse shall not be spilled, dumped or thrown onto any street, court, lane, alley, sewer inlet or vacant lot. Liquid and semiliquid refuse, when hauled in nonwatertight bodies, shall be carried in watertight containers.
(9) 
The refuse hauler shall notify. in writing, the approving authority and each customer at least 30 days prior to date of fact of the refuse hauler's termination and, discontinuance of his business. On the date of termination, the applicant will surrender his permit to the Board of Supervisors.
C. 
Sanitary landfill permits. The Board of Supervisors may issue a permit for the operation of a sanitary landfill at an approved location, upon compliance with the following requirements:
(1) 
Filing of an application for a sanitary landfill permit, upon a form provided by the Board of Supervisors.
(2) 
Filing of and maintaining a performance bond with sufficient sureties, in the sum of $10,000 and conditioned upon the applicant's full compliance with all regulations set forth in this article. Such bond is to be subject to the approval of the Board of Supervisors.
(3) 
Proof of ownership of the land upon which the sanitary landfill is to be located.
(4) 
Statement that the operator is to be in compliance and conformity with the rules and regulations of the State Department of Health.
(5) 
Submission of a comprehensive plan of operation, including a survey or drawing of the site, plans for compliance with the regulations set forth in this article and plans for land use upon termination of the sanitary landfill operation. Such comprehensive plan shall be subject to the approval of the Board of Supervisors and the State Department of Health. The following information shall be submitted in the comprehensive plan:
(a) 
A current 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, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads and other applicable details and shall indicate the general topography with contours and drainage patterns. Wells shall be identified on the map or aerial photograph, United States Geological Survey datum shall be indicated and a North arrow drawn. A location insert map shall be included. The scale shall be 2,000 feet per inch.
(b) 
A plot plan, including legal description of the site and adjacent landowners, showing dimensions, location of soil borings, present and planned pertinent features, including but not limited to roads, fencing and cover stockpiles, and the plan of development, including any excavation, trenching and fill. The scale of the plot plan shall be 200 feet per inch.
(c) 
An ultimate land use plan, including intermediate stages, identifying the total and complete land use. The scale of the ultimate land use plan shall be 200 feet per inch.
(d) 
A report shall accompany the plans, indicating:
[1] 
Population and areas expected to be served by the proposed site.
[2] 
Anticipated type, quantity and source of material to be disposed of at the site.
[3] 
Geological formations and groundwater elevations to a depth of at least 10 feet below proposed excavation and lowest elevation of site, including the high-water table. Such data shall be obtained by soil borings or other appropriate means.
[4] 
Source and characteristic of cover material and method of protecting cover material for winter operation.
[5] 
Type and amount of equipment to be provided at the site for excavating, earth moving, spreading, compacting and other needs.
[6] 
Area of site in acres.
[7] 
Persons responsible for actual operation and maintenance of the site and intended operating procedures.
(6) 
An application for permission to dispose of hazardous wastes within the site, if the same is desired. Such application shall contain plans, specifications, design data and proposed operating procedures for such disposal. The area in which disposal of the hazardous wastes shall take place shall be indicated on the plot plan. If the applicant does not specifically herein request permission for the disposal of hazardous wastes within the subject sanitary landfill, none shall be allowed unless later requested and granted pursuant to Subsection F of this section.
(7) 
Written approval from a town government shall be provided where the proposed site is located with the corporate limits of the town.
(8) 
Payment of a permit fee in the amount of $ 100. Payment of the permit fee may be waived by the Board of Supervisors.
(9) 
Sanitary landfill sites are prohibited within known floodplains.
(10) 
Sanitary landfill sites are prohibited in major groundwater recharge areas.
(11) 
Such measures as may be necessary shall be taken to seal the site sufficiently so that wastes and leachings will not reach any ground- or surface water.
(12) 
Visual screening of the sanitary landfill site, as approved by the Board of Supervisors, shall be provided by use of natural objects, trees, plants, seeded soil berms, fences or other suitable means.
D. 
Transfer station permits. The Board of Supervisors may issue a permit for the operation of a transfer station at an approved location, upon compliance with the following requirements:
(1) 
Filing an application for a transfer station permit upon a form provided by the Board of Supervisors. The application for a permit shall contain the following information:
(a) 
Location, size and ownership of the land upon which the station will operate.
(b) 
General description of property use in the immediate vicinity of the transfer station.
(c) 
Complete plans and specifications, proposed operating procedures for the transfer station, place of ultimate disposal and equipment to be used.
(2) 
Payment of a permit fee in the amount of $50 per transfer station. Payment of the permit fee may be waived by the Board of Supervisors.
(3) 
A transfer station operator shall comply with the following regulations:
(a) 
The operator shall take away all solid waste, wash, clean and disinfect the station at the end of each day of use.
(b) 
The premises, entrances and exits shall be maintained in a clean, neat and orderly manner at all times.
(c) 
All incoming and outgoing traffic shall be controlled by the operator in such a manner as to provide orderly and safe ingress and egress onto public roads as approved by the State Department of Highways.
(d) 
All unloading of solid waste from contributing vehicles shall be conducted in such a manner as to eliminate odor and litter outside the station.
E. 
Incinerator permits. The Board of Supervisors may issue a permit for the construction, establishment, maintenance or operation of an incinerator having a capacity greater than 6,000 pounds per hour or those for the incineration of any toxic or hazardous wastes, upon compliance with the following requirements:
(1) 
Filing of an application for an incinerator permit, upon a form provided by the Board of Supervisors.
(2) 
Proof of ownership of the site or plat on which the incinerator is located.
(3) 
Submission of a minimum of three sets of plans and specifications, prepared by an engineer registered by the commonwealth, clearly indicating the construction which will be undertaken. A report shall accompany the plans indicating:
(a) 
Land use, zoning and the location, type and height of all buildings within 500 feet of the proposed facility.
(b) 
Furnace design criteria and expected performance data.
(c) 
The present and future population and area to be served by the facility.
(d) 
The characteristics, quantities and sources of solid waste to be incinerated.
(e) 
Plans for the disposal of incinerator residue and emergency disposal of solid waste in the event of major incinerator plant breakdown.
(f) 
Persons responsible for actual operation and maintenance of the plant and intended operating procedures.
(4) 
Payment of a permit fee in the amount of $100. Payment of the permit fee may be waived by the Board of Supervisors.
(5) 
Proof of compliance and conformity with the rules and regulations of the State Air Pollution Control Board.
(6) 
Proof of compliance and conformity with the rules and regulations of the State Department of Health.
(7) 
Such additional clarifying data as may be requested by the Board of Supervisors.
(8) 
Written approval from a town government shall be provided where the proposed installation is located within the corporate limits of the town.
F. 
Hazardous wastes. Permission may be granted by the Board of Supervisors to dispose of hazardous wastes in a manner proposed by the producer and approved by the State Health Commissioner according to the regulations adopted under §§ 10.1-1426 through 10.1-1429, Code of Virginia 1950, as amended.
[Amended 8-19-2008]

§ 102-7 Facility and site requirements.

A. 
Generally. Any permitted refuse disposal facility shall comply with the following requirements:
(1) 
A sign, subject to the approval of the Board of Supervisors, shall be posted on the premises indicating the schedule of days and hours it is open to the public and prices for use.
(2) 
Roads on the premises shall be subject to the approval of the Board of Supervisors. The premises shall be constructed and landscaped in such a manner as to be aesthetically pleasing in appearance.
(3) 
Adequate sanitary facilities and shelter for personnel shall be provided on the premises.
(4) 
Records approved by the Board of Supervisors shall be maintained, indicating the type and quantity of solid waste processed.
(5) 
The landfill shall be so situated, equipped, operated and maintained as to minimize interference with other activities in the area.
(6) 
Before commencing operation of a facility, the permittee shall have completed the site preparation in accordance with his approved plan of operation.
(7) 
Sufficient equipment in good operating condition shall be available on the premises at all times in order to comply with the permittee's approved plan of operation and the provisions of this article.
(8) 
The permittee shall advise the Board of Supervisors, in writing, as to the names, addresses and telephone numbers of all authorized persons who are to be placed in responsible charge of operations of the facility. At least one such authorized person shall be on duty at all times during hours of operation. At all other times, the entrances shall be secured with locked gates in order to restrict access.
(9) 
During the posted hours of operation, the permittee must accept all refuse approved for that facility, provided that it is delivered by a refuse hauler with a valid permit and that the required fee is paid.
(10) 
Salvaging and scavenging of any material deposited at the site is prohibited.
(11) 
All buildings on the site shall be so constructed and maintained as to prevent the harboring of rodents.
(12) 
No rodent infestation shall be permitted at any refuse disposal facility in the County. It in the opinion of the County Health Officer, an infestation occurs which constitutes a public nuisance or a menace to public health or safety, he may order the facility closed and the rodents controlled at the expense of the owner or operator of the facility.
(13) 
No materials of any kind shall be deposited in any natural drainage channel or bed of any river, stream or wash, either directly or indirectly, without making adequate provisions for the drainage of the area.
(14) 
An all-weather haul road to the site shall be provided.
(15) 
Adequate communications facilities shall be provided for emergency purposes.
(16) 
Emergency first-aid equipment shall be provided to provide adequate treatment for accidents.
(17) 
The permittee shall be required to allow free access for inspection of the facility at all reasonable times to the Board of Supervisors or to the proper representative of any other governmental agency for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this article or any other applicable statute, ordinance or regulation.
B. 
Incinerator operations. In addition to the provisions of Subsection A of this section, any permitted incinerator shall be in compliance with the following criteria and in accordance with accepted engineering practices.
(1) 
A permanent sign shall be posted at the site entrance identifying the operation and showing the State Air Pollution Control Board registration number and indicating the hours and days when the plant is open for public use.
(2) 
All incoming solid waste to be incinerated at the plant shall be confined to the unloading area. Adequate holding bin capacity shall be provided.
(3) 
Facilities shall be designed to provide for dust control in the unloading and charging area.
(4) 
The incinerator plant shall have weighing facilities available. Permanent records shall be maintained indicating the total weight of material incinerated, the total quantity of resulting residue and total hours of plant operation. These records shall be available for inspection upon request of the Board of Supervisors.
(5) 
Adequate firefighting equipment, meeting the standards of Underwriters' Laboratories, Inc., or other approved nationally recognized safety standards, shall be available in the storage and charging areas and elsewhere as needed.
(6) 
Arrangements shall be made with local fire companies to provide firefighting forces in an emergency.
(7) 
Equipment shall be provided in the storage and charging areas and elsewhere as needed to allow cleaning after each day of operation or sooner as may be required, in order to maintain the plant in a sanitary condition.
(8) 
The charging openings as well as all equipment throughout the plant shall be provided with adequate safety equipment.
(9) 
During normal operation, the temperature in the combustion chambers shall conform to the regulations of the State Air Pollution Control Board now or hereafter adopted, to produce a satisfactory residue and to result in an odor-free operation.
(10) 
A continuously recording pyrometer shall be provided in order to maintain continuous records of temperature in the combustion chambers. A copy of such records shall be available to the Board of Supervisors upon request.
(11) 
All residue removed from the incinerator plant shall be promptly disposed of in a manner that will prevent nuisances, pollution and public health hazards. Residue containing combustible material shall be disposed of in a sanitary landfill.
(12) 
Upon completion of plant construction and prior to initial operation, the Board of Supervisors shall be notified to allow their personnel to inspect the plant both prior to and during the performance tests.
(13) 
Performance tests of the plant may be required by the Board of Supervisors. A report covering the results of the performance tests in such cases shall be prepared by the design engineer of the project and submitted to the Board of Supervisors with the copy of all supporting data.
(14) 
All wastewater from the incinerator plant shall be disposed of in a manner approved by the State Department of Health and the State Water Control Board.
C. 
Sanitary landfills. In addition to the provisions of Subsection A of this section, any permitted sanitary landfill shall be in compliance with the following criteria and in accordance with accepted engineering practices.
(1) 
The permittee shall construct and maintain survey monuments, boundary fences and bench marks as shown on his approved comprehensive plan of operation or as the Board of Supervisors may otherwise require for reference and control of operations.
(2) 
The permittee shall at all times provide and maintain all fences, appliances and other equipment as set forth in his approved comprehensive plan of operation or as may otherwise be required by the Board of Supervisors so as to prevent or eliminate any public nuisance created by dust, odors, blowing of papers or otherwise.
(3) 
Operation of the sanitary landfill shall at all times be in accordance with the approved comprehensive plan of operation. Final covering of deposited refuse shall be made with not less than two feet of compacted natural earth or other material approved by the Board of Supervisors. This final cover shall be placed and brought to final elevation, as shown on the approved comprehensive plan of operation, within six months after completion of fill operations in any portion of the sanitary landfill. Upon final termination of operation of the sanitary landfill, the final finish elevation shall be as shown on the approved comprehensive plan of operation. No deviation shall be permitted for subsequent settlement or subsidence.
(4) 
Accurate daily records of site operations shall be maintained. These records shall contain information pertinent to site operation. Intake of solid waste in tons or cubic yards shall be daily recorded in a manner acceptable to the Board of Supervisors. General areas in which a particular type of solid waste disposal takes place within the landfill shall be filed. Disposal of toxic and hazardous wastes shall be recorded the day each disposal takes place and shall include the amount and type of waste disposed of and the name and address of the source of the wastes. These records shall be available at all times for review and inspection by the Board of Supervisors or anyone they instruct to do so.
(5) 
The owner shall be responsible after termination of fill operation for maintaining drainage to prevent ponding on the site.
(6) 
At the direction of the landfill operator, noncombustible waste may be deposited at any sanitary landfill in accordance with the approved comprehensive plan of operation.
(7) 
Combustible waste, whether or not mixed with noncombustible waste or liquid waste, shall be compacted in layers not greater than three feet in thickness. Each day's accumulation of compacted refuse shall be covered with not less than six inches of compacted material as specified in Subsection C(10) of this section at the end of each working day.
(8) 
Provision shall be made for weighing of all refuse delivered to a sanitary landfill before being deposited in fill.
(9) 
All liquid wastes accepted for disposal by the permittee shall be accompanied by an industrial waste hauler's report on forms provided by the County. This form shall be signed by the producer of the waste and by the hauler and shall describe the nature of the liquid waste. This report shall then be signed by the landfill operator on duty and retained at the sanitary landfill until requested by the Board of Supervisors.
(10) 
Cover material will consist of earth, clay, loam, sand, etc., or a mixture of at least 50% of earth and other inert materials, such as ashes, cinders or gravel. A minimum depth of 12 inches of compacted cover and final spread cover material shall be kept on all inactive faces of the landfill at all times.
(11) 
Combustible waste and liquid waste, once deposited and compacted, shall not be reexcavated or disturbed by later operations.
(12) 
Before the close of each day's operations, all refuse on the site shall be covered with sufficient cover so that no refuse is visible.
(13) 
No burning of any kind shall be permitted in connection with disposal operations. Any inadvertent fire which may occur on the premises or any underground smoldering shall be promptly reported to the Fire Department and to the Board of Supervisors by the person in responsible charge of operations. In addition, it shall be the responsibility of the operator to immediately extinguish any such fire or underground smoldering to the satisfaction of the Fire Department and the Board of Supervisors.
(14) 
No material shall be deposited below the known high-water elevation, and any material so deposited in violation of this article shall be removed by the permittee at his expense.
(15) 
Adequate facilities shall be provided to divert flood- or stormwaters from adjacent areas around the sanitary landfill site or to carry such waters across or through the site in a manner which would permanently prevent percolation of such waters through the filled areas on the site.
(16) 
Putrescible wastes shall not be deposited within five feet above the highest known water table at the landfill site.
(17) 
Equipment sufficient for spreading, compacting and covering operations to include sufficient reserve equipment or arrangements to immediately provide for equipment during periods of breakdown shall be provided.
(18) 
A minimum separating distance of 20 feet shall be maintained between the disposal operation and the adjacent property line unless otherwise approved by the Board of Supervisors.
(19) 
At the discretion of the Board of Supervisors, a ground- and surface water monitoring system may be required, at the permittee's expense.
(20) 
Within one month after final termination of a site or a major part thereof, the area shall be covered with at least two feet of compacted cover material adequately sloped to allow surface water runoff. No holes or depressions which might result in collection of surface water shall remain or exist after such covering. This cover material shall be brought to final elevation shown on the approved comprehensive plan of operation.
(21) 
The Board of Supervisors will require continued inspection and maintenance of completed sanitary landfills to ensure the integrity of the cover material.
(22) 
A detailed description and a plat of the completed sanitary landfill shall be filed with the Board of Supervisors within one month after approval of the final condition of the landfill. This description shall include the general type and location of deposited solid waste, original and final terrain descriptions and other pertinent characteristics of the completed sanitary landfill site.
(23) 
Construction techniques necessary to avoid landfill associated hazards to all structures and facilities that are built upon the fill will be utilized. Single-family residential construction will be prohibited.

§ 102-8 Warren County sanitary landfill.

[Added 6-1-1987]
A. 
The days and hours of operation shall be established by the Board of Supervisors and may be altered from time to time as deemed necessary.
B. 
The disposal of hazardous waste at any County facility is prohibited.
C. 
The Board of Supervisors shall establish a fee schedule for solid waste disposal and may amend such schedule from time to time as deemed necessary. No such schedule or amendment shall be adopted until it is the subject of an advertised public hearing held by the Board of Supervisors.

§ 102-9 Preexisting facilities.

Waste disposal facilities in existence on or before June 17, 1975, and operation of such facilities shall be modified to conform to the requirements of this article as promptly as possible. The Board of Supervisors, at its discretion, may grant temporary variances from the requirements of this article. Applications for such variances shall be made, in writing, to the Board of Supervisors not later than 60 days after June 17, 1975, and shall be accompanied by a comprehensive plan for achieving conformity with this article, including specifications and time schedule. Variances so approved by the Board of Supervisors may be extended and modified from time to time.

§ 102-10 Construal of provisions; effect on conflicting provisions.

The provisions of this article shall be construed to be the minimum requirements for the promotion of public health, safety and welfare. In any case where a provision of this article is found to be in conflict with the provisions of any other ordinance or code in force in the County, the provision which establishes the higher standard for the promotion and protection of the health, safety and welfare of the people of the County shall prevail.

§ 102-11 Use of transfer stations, compactor sites and landfills restricted.

[Amended 11-5-1975; 4-17-1979]
A. 
Generally. Transfer stations either owned by or under contract to the County shall be used only for the collection of permitted solid waste generated from private sources in the County and from residents of Clarke County who transport residential waste in vehicles displaying valid Clarke County license decals.
[Amended 4-15-2008]
B. 
Depositing of certain items prohibited. It is unlawful to deposit in or near any transfer station owned by or under contract to the County discarded stoves, refrigerators, freezers, washing machines, clothes dryers, bulky furniture items, mattresses, building materials, tires, tree stumps, tree limbs, leaves, brush and other vegetative matter, animals or any other item or thing which by reason of its weight, bulk or size is unreasonably difficult to remove using ordinary means of removal from or near transfer stations. Such items shall be discarded at the sanitary landfill.
C. 
Commercial and industrial waste prohibited. It is unlawful for any person to deposit any waste, including solid waste, noncombustible waste, combustible waste, liquid waste or hazardous waste generated from any industrial or commercial activities, in or near any transfer station owned by or under contract to the County.
D. 
Salvaging and scavenging prohibited. It is unlawful for any person without prior written authorization from the office of the County Administrator to salvage, scavenge or remove any item deposited in or near the transfer station.
E. 
Hazardous wastes prohibited. It is unlawful for any person to deposit any hazardous wastes in or near any transfer station.
F. 
Burning materials prohibited. It is unlawful for any person to deposit any burning or smoldering material in or near any transfer station.
G. 
Depositing waste without decal prohibited. It shall be unlawful for any person to deposit any waste or any other materials in or near any transfer station, compactor site or landfill owned by or under contract to the County without such person having affixed to his vehicle either a current Warren County or Town of Front Royal vehicle license tax, license sticker or decal, or a current waste disposal decal issued pursuant to Subsection H, following.
[Added 11-21-2000; amended 11-20-2001]
H. 
Waste disposal decal. Any person owning, or leasing as a tenant, any real property in Warren County whose motor vehicle is not normally garaged, stored or parked in Warren County who desires to purchase a waste disposal decal for the purpose of depositing waste in any transfer station, compactor site or landfill owned by or under contract to the County shall make application to the County Treasurer on forms provided for this purpose. Upon the filing of such application and the payment to the Treasurer of a fee of $5 per vehicle, and upon satisfactory evidence being produced to the County Treasurer that all real estate property taxes have been paid by the applicant which have been properly assessed or are assessable against the applicant, the Treasurer shall issue to the applicant a waste disposal decal which shall be valid for the calendar year for which the decal was issued. All funds collected shall be credited to the general fund of the County.
[Added 11-21-2000; amended 11-20-2001]

§ 102-12 Violations and penalties.

[Added 9-7-1988; amended 11-21-2000; 11-20-2001]
Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed $2,500 and confinement in jail for not more than 12 months, either or both.