[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.
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]
No person shall construct or operate a yard waste composting
facility without a current and valid license for the construction
and operation thereof.
[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:
[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).
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:
[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 personal to the applicant and may only be transferred by compliance with Section 240.1457.
[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.
[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.
[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:
[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]
The basic annual licensing fee shall be one thousand dollars
($1,000.00).
[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]
No person shall construct 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 or with the requirements
of this Chapter.
[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.
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.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The operator shall notify the Division Director three (3) months
prior to permanent or planned closure of his intent to close a yard
waste composting facility.
