[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
Residential yard waste may be composted on residential premises under the following conditions:
1. 
All composting operations shall be maintained so as to prevent the harborage of rodents and pests.
2. 
All composting operations shall be maintained so as to inhibit the generation of odors associated with anaerobic decomposition.
3. 
All composting operations shall be conducted at least three (3) feet behind the front of the main residential structure.
4. 
Composting sites shall be located so as to prevent leachate from discharging onto adjacent property and shall not be located in natural or manmade stormwater channels.
5. 
Compost piles abutting adjacent property shall be made site-proof to adjacent property owners and all enclosed compost structures shall comply with local zoning regulations.
6. 
The following materials are prohibited from use in residential yard waste composting:
a. 
Meat and dairy products.
B. 
Composting established in accordance with this Section is for private use only. There shall be no commercial provision of material to be composted or commercial use of the product from such composting.
C. 
Every owner and/or operator shall be responsible for maintaining all property under his or her control in accordance with the requirements of this Section.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
An initial license (as opposed to the annual renewal license) for the construction and operation or expansion of a yard waste composting facility may be issued by the Division Director following the procedures declared in this Chapter. An applicant for a license shall file three (3) copies of an application addressed to the Division Director and filed with the Division. The application shall consist of:
1. 
A request for issuance of a license, and
2. 
A materials facility plan as described below.
The application shall be accompanied by an application fee of one thousand dollars ($1,000.00) and the Division Director shall not process an application which is not accompanied by that fee.
[1]
Editor's Note—Permit application fees and license fees authorized by Sections 240.415, 240.610, 240.840, 240.1406 and 240.1454 of this chapter 240 shall be effective upon approval of those fees by the qualified voters of St. Charles County.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
An application to the Division Director for a license to construct and operate a yard waste composting facility shall contain a written request for the issuance of a license for the construction and operation of a yard waste composting facility and shall include a plan for the construction/ operation and closure of the facility, which plan shall be consistent with the provisions of this Chapter pertaining to construction and operation of a yard waste composting facility and shall include the following:
1. 
A legal description and outboundary survey of the property on which the facility is to be located.
2. 
A plan for the construction and operation of the yard waste composting facility which includes:
a. 
A description of the type of materials the yard waste composting facility will accept.
b. 
The maximum storage capacity of material to ensure management.
c. 
The technology utilized to process and store the materials.
d. 
Drawings detailing the operation of the yard waste composting facility.
e. 
Location of the nearest available potable water source.
f. 
A description of windrow construction and operating equipment (or other approved methodology) to achieve a marketable finished compost product.
g. 
A description of construction of processing and storage bases. Bases shall be designed to shed stormwater and maintain integrity through continued use of heavy equipment.
h. 
Discussion of intended product end-use markets.
i. 
Description of management practices to control stormwater courses, minimize leachate operation and dispose of wastewater in compliance with applicable water quality standards and regulations administered by the publicly owned treatment works having jurisdiction and/or the Missouri Department of Natural Resources Water Pollution Control Program (MDNR-WPCP).
3. 
Closure plan for the facility.
4. 
A schedule for the commencement and completion of facility construction stated with respect to the time of the issuance of a license for construction and operation of the facility.
5. 
Zoning authorizations including a copy of an approved conditional use permit (if applicable).
6. 
Multi-locations of the same organization shall file separate information for each location. Application and annual license fees shall apply to each separate location in accordance with Sections 240.1406 and 240.1409.
7. 
Other information as the Division Director may require to assess suitability of the proposed yard waste composting facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director shall notify an applicant who has submitted an application and application fee for a license to operate a yard waste composting facility in writing either that the application is certified as meeting all pertinent requirements regarding the form of the application or that the application is deficient with respect to its form 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 materials facility plan regarding application for zoning approval has been met. If the application has been determined not to comply with minimum application requirements or the representation concerning application for zoning approval is 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 Division Director's letter. If the deficiencies are not corrected within the ninety (90) day period, the Division Director shall return the application and fee to the applicant, unless the applicant and the Division Director mutually agree to an extension of the ninety (90) days response period.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director shall examine the premises of the site described by the application and shall perform such tests and direct the preparation of such studies as will assist him in determining:
1. 
Whether the facts contained in the application are accurate.
2. 
Whether the criteria set forth below regarding the standards of issuance of a license are satisfied to the benefit of the residents of St. Charles County for protection of public health and the environment.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director may require that the applicant modify the materials facility plan for the purposes of:
1. 
Bringing the application into compliance with 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 yard waste composting facility is adequate to protect the health and welfare of the residents of St. Charles County.
B. 
Prior to final approval or denial of the license, the Division Director shall notify the applicant of deficiencies or changes which must be addressed prior to approval of the materials facility plan. Within thirty (30) days, or such additional time as the Director may grant, the applicant shall submit modifications to address the deficiencies which the Division Director has indicated. The Division Director may continue to require reasonable additional changes to be made by applicant. In the event that the Division Director determines that there are no modifications which can be made to the application which will make it satisfactory, or the Division Director determines that the modifications or responses proposed by the applicant do not substantially further the application process, the Division Director shall notify the applicant and permit thirty (30) days for response. Thereupon, the Division Director may terminate consideration of the materials facility application for failure to pursue submission of an acceptable materials facility plan.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director shall approve the materials facility plan, with or without modifications, or disapprove the materials facility plan based on the following criteria:
1. 
Possible adverse environmental effects on properties in the vicinity of the proposed facility.
2. 
Whether the approval of the materials facility plan would in any way create a hazard menace or nuisance to the public health.
3. 
Whether the approval of the materials facility plan would violate the provisions of this Chapter, other laws, or other ordinances or regulations of St. Charles County.
B. 
Any materials facility plan submitted which does not satisfy the above criteria shall not be approved by the Division Director.
C. 
The Division Director shall notify the applicant of his decision by certified mail, whether approving or disapproving the materials facility plan.
[Ord. No. 01-061 §§1—8, 5-30-2001]
If a materials facility plan is finally approved by the Division Director, a license shall be issued by the Division Director upon payment to the Division of the annual licensing fee described in Section 240.1454 and a showing satisfactory that the insurance requirement of Section 240.1475 and the bonding requirement of Section 240.1478 have been met.
[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 life of the facility as projected in the approved materials facility plan. Notwithstanding the issuance of a license for a fixed number of years, the materials facility plan and the license must be reviewed annually subject to the provisions of Section 240.1418 et seq., and the modifications proposed by the operator in the annual application may include a request that the term of the license be amended.
[Ord. No. 01-061 §§1—8, 5-30-2001]
In the event that St. Charles County ordinances require the Division of Planning and Zoning of the Department of Community Development to hold a hearing regarding the issuance of a conditional use permit (CUP) or regarding a rezoning which must be approved before the materials facility plan may be lawfully implemented on a site, the Division of Environmental Services, the Division of Planning and Zoning of the Department of Community Development may develop and implement a procedure whereby the application submitted to the Division Director pursuant to Section 240.1409 and the application for a conditional use permit or for an amendment of the applicable zoning pursuant to Title IV of the Ordinances of St. Charles County, Missouri ("OSCCMo"), as the case may be, be consolidated into a single application for the convenience of the applicant, the County and the public. Despite such consolidation for convenience, such applications shall still satisfy the requirements of this Article and of Title IV, OSCCMo.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director is authorized to cooperate with the Missouri Department of Natural Resources, municipalities in St. Charles County and any other relevant jurisdiction, individually or in combination, for the purposes of:
1. 
Developing and implementing a procedure or procedures whereby the application submitted to the Division Director pursuant to Section 240.1409 and an application concerning the same development submitted in another jurisdiction be consolidated into a single application for the convenience of the applicant, the County and the other jurisdiction or jurisdictions. Despite such consolidation for convenience, such applications shall still satisfy the requirements of Section 240.1409.
2. 
Dividing responsibility for investigation and verification of the information contained in an application, and the impact of implementation of the materials facility plan on the County and the environment, shall be undertaken for the purpose of avoiding duplication of effort by various jurisdictions.
[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 of the annual licensing fee described in Section 240.1454 and a showing satisfactory that the insurance requirement of Section 240.1475 and the bonding requirement of Section 240.1478 have 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. 
Yard waste composting facilities 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 materials facility plan pursuant to Sections 240.1406 and 240.1409. Renewal applications and licenses are required on an annual basis pursuant to Section 240.1451. 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.
B. 
With the exception of the matters discussed in Subsection (A) of this Section, yard waste composting facilities existing at the effective date of this Chapter must comply with all other provisions of this Chapter.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
Despite the approval of a materials facility plan for a yard waste composting facility for a fixed number of years, and the issuance of a license for the construction and operation of the facility, the operator of each facility shall apply to renew such license annually for each operating year beginning with each anniversary date of the issuance of such initial license, whether the construction of the facility is completed or not. The renewal application as set forth in the schedule in Subsection (2) of this Section shall be addressed and delivered to the Division Director at least thirty (30) days prior to each anniversary date of the initial license and shall contain:
1. 
A request that a renewal license be issued for a period of one (1) year, and
2. 
A report containing the information required in Section 240.1448.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
Every application for a renewal license for a yard waste composting facility shall contain the following information:
1. 
Any changes in the materials facility plan which must be made to reflect actual usage or conditions.
2. 
Volumes of yard waste in cubic yards received by the facility during the previous year.
3. 
Volume and disposition of end-use product produced.
4. 
A listing of operating problems encountered and solutions pursued/corrective actions.
[Ord. No. 01-061 §§1—8, 5-30-2001]
Upon receipt of the renewal application described in Sections 240.1445 and 240.1448 and of the basic annual licensing fee set forth in Section 240.1454, the Division Director shall issue a renewal license for the compost facility. The Division Director shall not issue the renewal license if the license to operate the facility has been revoked pursuant to this Chapter.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
If the operator believes that an error has been made in the materials facility plan, such that the materials facility plan cannot be effectuated without injury to the public health or welfare, or that the materials facility plan can better be implemented by changes in provisions approved by the Division Director, the operator may submit a request to the Division Director containing the reasons for the belief and the information required in Section 240.1448 for a renewal application. The Division Director shall consider the request and may modify the materials facility plan to reflect such changes if he determines that such changes are necessary to make or continue to make the facility comply with this Chapter or other laws, rules, regulations or ordinances, or to make or continue to make such facility operate in a manner that protects the public health, welfare and the environment.
B. 
If the operator desires to transfer his license to operate a yard waste composting facility to another party, and that party agrees to accept the transfer of the license, the operator shall file a statement with the Division Director so stating the intent to make such transfer. The person proposing to operate the facility shall file an application containing the information required by Section 240.1448 along with a statement that such person desires to assume the rights, duties and obligations of operation of the facility. The application shall be processed as an application under Subsection (A) of this Section. Upon issuance of the license with modifications, which shall include an indication that the license is transferred to the parties desiring to assume operations of the facility, such parties shall become the operator of the facility; however, nothing herein shall relieve the prior operator of any liability connected with events occurring during the period in which the prior operator operated or was licensed to operate such facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
A license for operation of a yard waste composting facility may be suspended or revoked, following hearing before the Division Director, for any one (1) or more of the following reasons:
1. 
Failure to comply with the provisions of the materials facility plan.
2. 
Failure to comply with the provisions of this Chapter applicable to the facility.
3. 
Failure to operate the facility in a manner consistent with the public health, welfare and the environment and health and welfare of persons operating and using the facility.
B. 
For a violation of any of the above, the Division Director shall suspend the license of the operator to operate the facility during the period such violation continues to exist; or, if the violation can only exist during active operations, the suspension shall be until such time as the operator establishes a procedure satisfactory to the Division Director which remedies the violation.
C. 
For a willful misstatement of facts contained in any application or renewal application, the Division Director may revoke the license or renewal license.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director shall provide at least thirty (30) calendar days' notice to the operator of the hearing to be held to consider the suspension or revocation of the license of the operator to operate a yard waste composting facility. The hearing shall be open to the public.
[Ord. No. 01-061 §§1—8, 5-30-2001]
During any period of construction (initial, expansion or modification) of a yard waste composing facility, the Division Director shall be permitted access to the facility at reasonable times for the purpose of determining whether the construction of the facility conforms to the materials facility plan.
[Ord. No. 01-061 §§1—8, 5-30-2001]
Notwithstanding the final approval of a materials facility plan and issuance of a license to construct and operate a yard waste composting facility, the facility shall not begin to operate and accept material until receipt of final approval by the Division Director indicating that a final inspection of the facility following construction has been completed and that the facts then in possession indicate that the facility has been constructed according to the materials facility plan. Final approval in writing by the Division Director is also required for final construction of facility modification prior to the continued operation in an area affected by the construction.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
No license for the construction and operation of a yard waste composting facility shall be issued nor shall such a facility be operated until and unless the applicant acquires public liability insurance approved by the Division Director governing all proposed operations of the applicant pertaining to the business of constructing and operating a yard waste composting facility. The insurance shall be with an insurer acceptable to the Division Director and shall include coverage in one (1) policy or multiple polices for any contractors or subcontractors engaged by the insured for such business. Evidence of such insurance shall be filed with the Division. The minimum limits of insurance for public liability and auto liability shall be three hundred thousand dollars ($300,000.00) for bodily injury to each person; one million dollars ($1,000,000.00) for total bodily injury for each occurrence; and one million dollars ($1,000,000.00) for property damage for each occurrence. Municipalities engaged in the business of yard waste composting are exempted from procuring the minimum limits of insurance required by this Section.
B. 
No license for the construction and operation of yard waste composting facility shall be issued nor shall such a facility be operated until and unless the applicant provides insurance with Workers' Compensation insurance, with minimum limits as set by law. The insurance must be approved by the Division Director and shall be with an insurer acceptable to the Division Director and shall include coverage in one (1) policy or multiple policies for any contractors or subcontractors engaged by the insured for such business.
C. 
No insurance policy required by this Section shall be approved by the Division Director unless it provides that notice will be given by the insurer in the event the policy is terminated or canceled.
D. 
The insured shall give notice to the Division Director if any policy required by this Section is terminated or canceled.
[Ord. No. 01-061 §§1—8, 5-30-2001]
No person shall construct or operate a yard waste composting facility without providing a bond required for closure as provided by this Section for closure. The bond provided pursuant to this Section shall be in an amount, based upon the active composting area of the facility during the following twelve (12) months and modified by the renewal license process, which assures that the facility will be properly closed if events occur within the two (2) year period following the beginning of the most recent licensing or renewal period which require that the facility be closed. The bond may be a cash or corporate bond. If a cash bond is offered, the cash shall be deposited with the St. Charles County Director of Finance, who shall provide a receipt therefor. If a cash bond is offered, the interest may be used to fulfill the bond obligation if necessary; however, to the extent such interest remains unused at the expiration of the bond, it shall be returned to the person providing the bond. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in the State of Missouri and filed with the St. Charles County Director of Finance. The bond must be approved by the County Counselor.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
No person shall operate a yard waste composting facility in a manner that does not comply with the materials facility plan approved by the Division Director for such facility and which does not comply with the requirements of this Article pertaining to operation of such facility. Failure to comply with the materials facility plan or with the requirements of this Article pertaining to operation of a yard waste composting facility shall be a violation by the person in whose name the license is issued, as well as every agent, employee or contractor assigned to construct or operate the facility who:
1. 
Performs acts precluded by the materials facility plan or this Article;
2. 
Fails to perform acts required by the materials facility plan or this Article;
3. 
Fails to maintain conditions required by the materials facility plan or this Article; or
4. 
Maintains conditions prohibited by the materials facility plan or this Article.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
Yard waste composting facilities shall adhere to the following requirements:
1. 
A sign listing materials accepted and not accepted must be visible at the entrance of the facility.
2. 
A facility shall not accept material quantities beyond that which can be properly managed.
3. 
Materials for composting shall be stored in a manner that will minimize the generation of odor and aesthetic problems, prevent spontaneous combustion and the harborage of vectors, and does not create a public health nuisance.
4. 
Vector control programs shall be implemented to prevent or rectify problems.
5. 
Non-contact, uncontaminated surface watercourses and runoff shall be diverted to storm sewers, detention ponds or other approved collection methods and the management of such watercourses and runoff shall also comply with all applicable provisions of the Missouri Clean Water Law (Chapter 644, RSMo., as amended) and any regulations adopted pursuant to it. The Missouri Clean Water Law and the regulations adopted pursuant to it shall also govern the management of any and all contaminated runoff and leachate generated by material decomposition.
6. 
Contingency plan shall be implemented for collection, destruction and deposition of any leachate, by-product, effluent or emission.
7. 
Materials easily moved by wind shall be stored in such a manner so as to prevent such material from becoming airborne and scattered.
8. 
Fire extinguishers shall be provided and accessible.
9. 
Persons not authorized shall not be permitted to remove or scavenge in the materials deposited at the facility.
10. 
Facility must meet all zoning restrictions.
11. 
Records shall be maintained on site addressing the following matters:
a. 
Major problems and complaints.
b. 
Vector control efforts.
c. 
Records on litter control efforts.
d. 
Records on quantity (volume/tons) of materials received.
e. 
Records on quantity (volume/tons) of end product distributed.
12. 
Compliance with handling, storage and disposal requirements for materials regulated under Federal, State and/or local jurisdictions shall be met.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
There shall be displayed at each entrance to each yard waste composting facility a sign containing the following information in letters at least two (2) inches high and one-half (½) inch wide:
1. 
The words "Approved Yard Waste Composting Facility operated under License No. _________ issued by the Director of the Division of Environmental Health and Protection of the St. Charles County Department of Community Health and the Environment" Health and Protection.
[Ord. No. 15-034 §13, 3-30-2015]
2. 
The words "The following materials will be accepted at this facility:" followed by a list of materials which will be accepted at the facility.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A. 
The Division Director is authorized, with or without probable cause to believe that a specific violation exists, to enter and inspect yard waste composting facilities at any time to ensure that they are operated consistently with the materials facility plan, this Chapter, and in the interests of the health and welfare of the residents of St. Charles County. Routine inspections shall be made during normal operational hours of the facility. Where there is a suspected hazard, entry may be made at any time.
B. 
If the Division Director is or becomes aware of a violation of the provisions of the materials facility plan pertaining to the construction or operation of a yard waste composting facility or is or becomes aware of a violation of a provision of this Chapter pertaining to construction or operation of such a facility; or is or becomes aware of a condition which threatens the health and welfare of the residents of the County or the environment, he may make a reasonable attempt to notify the operator, or owner of the premises or person in possession if there is no license, and direct such person to correct the violation within twenty-four (24) hours. In the event the operator or owner or person in possession cannot be found or refuses to correct or address the violation within twenty-four (24) hours after notice in writing, the Division Director may, if deemed it necessary to protect the interest of public health, enter upon the premises of the facility and, either with the equipment and employees of the operator or owner or person in possession, or with County-owned or leased equipment and County employees, perform such work as is necessary to correct any condition so noticed.
C. 
Upon completion of such work, the Division Director shall cause the total cost of such work to be determined and certify the same to the St. Charles County Director of Finance, the report, with the approval of the Director of Finance endorsed thereon, shall be transmitted to the County Collector, who shall assess the same as a special tax against each lot or parcel of ground chargeable therewith, in the name or names of the owner or owners thereof.
D. 
All such special tax bills issued for such work shall be collectible by suit brought by the County Counselor in the name of the County. Such special tax bills and any action thereon shall be prima facie evidence on the regularity or the proceedings for such special assessment, the validity of the bill, the conductance of the work, and of the furnishing of the materials charged for, and of the liability of the property to the charge stated in the bill, including the costs of bringing the action as a part of the cost performing the work. Each said special tax bill shall include a charge of fifty dollars ($50.00) for inspecting the same and providing the notice and further charge of fifty dollars ($50.00) for issuing and recording the tax bill. Such tax bills if not paid within thirty (30) days after issuance shall bear interest at the rate of eight percent (8%) per annum.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A yard waste composting facility shall be closed in accordance with the methods and procedures shown in the materials facility plan. Yard waste composting facilities which were licensed to operate prior to the effective date of this Chapter shall be closed in accordance with the methods required by that facility's original operating permit.