[R.O. 2009 § 230.010; R.O. 2006
§ 206.010; Ord. No. 2374 § 1, 4-16-2001]
The following terms, phrases, words
and their derivations shall have the meaning given herein:
The biological decomposition of organic constituents under
controlled conditions.
The Community Development Director.
The source separated leaves, grass clippings, tree trimmings
and limbs, yard and garden vegetation and Christmas trees.
A non-residential premise which collects and/or accepts recovered
yard by-product generated off-site for the purpose of controlled biological
decomposition.
[R.O. 2009 § 230.020; R.O. 2006
§ 206.020; Ord. No. 2374 § 1, 4-16-2001]
A.
All yard by-product compost facilities
regulated by a municipality shall at least once per year file a statement
with the Director registering the yard by-product compost facility.
The statement shall contain the information as follows:
[R.O. 2009 § 230.030; R.O. 2006
§ 206.030; Ord. No. 2374 § 1, 4-16-2001]
No person shall construct or operate
a yard by-product compost facility without a current and valid license
for the construction and operation thereof.
[R.O. 2009 § 230.040; R.O. 2006
§ 206.040; Ord. No. 2374 § 1, 4-16-2001]
A.
An initial license (as opposed to the annual
renewal license) for the construction and operation or expansion of
a yard by-product compost facility may be issued by the Director following
the procedures declared in this Chapter. An applicant for a license
shall file three (3) copies of an application addressed to the Director
and filed with the Director. The application shall consist of:
B.
The application shall be accompanied by
an application fee based upon the following schedule:
|
Facility
|
Fee
|
|---|---|
|
Yard by-product compost facility
|
$200.00
|
|
Not-for-profit yard by-product compost
facility
|
$1.00
|
C.
The Director shall not process an application
which is not accompanied by the application fee set forth in this
Section.
[R.O. 2009 § 230.050; R.O. 2006
§ 206.050; Ord. No. 2374 § 1, 4-16-2001]
A.
An application to the Director for a license
to construct and operate a yard by-product compost facility shall
contain a written request for the issuance of a license for the construction
and operation of a yard by-product compost facility and shall include
a facility plan for the construction/operation and closure of the
facility, which facility plan shall be consistent with the provisions
of this Chapter pertaining to construction and operation of a yard
by-product compost 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 by-product compost facility which includes:
a.
A description of the type of materials
the yard by-product compost facility will accept.
b.
The maximum storage capacity of material
which will allow for proper management of the material.
c.
The technology utilized to process
and store the materials.
d.
Drawings detailing the operation
of the yard by-product compost facility.
e.
Location of the nearest available
water source.
f.
A description of windrow construction
(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.
3.
Closure plan for the facility.
4.
A schedule for the construction and
completion of the facility stated with respect to the time of the
issuance of a license for construction and operation of the facility.
5.
Local zoning authorizations including
a copy of an approved conditional use or special use permit as the
case may be (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
7.
Other information as the Director
may require to assess suitability of the proposed yard by-product
compost facility.
[R.O. 2009 § 230.060; R.O. 2006
§ 206.060; Ord. No. 2374 § 1, 4-16-2001]
The Director shall notify an applicant
who has submitted an application and application fee for a license
to operate a yard by-product compost 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 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 Director's letter. If the deficiencies are not corrected within
the ninety (90) day period, the Director shall return the application
and the application fee to the applicant, unless the applicant and
the Director agree that the applicant may have longer than ninety
(90) days to respond.
[R.O. 2009 § 230.070; R.O. 2006
§ 206.070; Ord. No. 2374 § 1, 4-16-2001]
A.
The Director shall examine the premises
and the application and shall perform such tests and direct the preparation
of such studies as will assist him/her in determining:
[R.O. 2009 § 230.080; R.O. 2006
§ 206.080; Ord. No. 2374 § 1, 4-16-2001]
A.
The Director may require that the applicant
modify the materials facility plan for the purposes of:
1.
Bring 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 by-product compost facility is consistent with
the health and welfare of the residents of Fenton.
B.
Prior to final approval or denial of the
license, the Director shall notify the applicant of problems or changes
which must be addressed by the applicant prior to approval of the
materials facility plan. Within ten (10) days, or such additional
time as the Director may grant, the applicant shall submit modifications
to address the problems which the Director has indicated. At the discretion
of the Director, the Director may continue to require additional changes
to be made by applicant. In the event that the Director determines
that there are no modifications which can be made to the application
which will make it satisfactory, or the Director determines that the
modifications or responses made by the applicant do not substantially
further the application process, the Director shall notify the applicant
and permit ten (10) days for response by the applicant. Thereupon,
the Director may terminate consideration of the materials facility
for failure to pursue submission of an acceptable materials facility
plan.
[R.O. 2009 § 230.090; R.O. 2006
§ 206.090; Ord. No. 2374 § 1, 4-16-2001]
A.
The Director shall approve the materials
facility plan, with or without modifications, or disapprove the materials
facility plan based on the following criteria:
1.
The possible environmental effect
on the properties nearby the proposed facility.
2.
Whether the approval of the materials
facility plan would in any way create a hazard or menace to the public
health, and whether it would create a nuisance.
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. Louis County.
B.
Any materials facility plan submitted which
does not satisfy the above criteria shall not be approved by the Director.
C.
The Director shall notify the applicant
of his/her decision by certified mail, whether approving the materials
facility plan or disapproving the materials facility plan.
[R.O. 2009 § 230.100; R.O. 2006
§ 206.100; Ord. No. 2374 § 1, 4-16-2001]
If a materials facility plan is finally approved by the Director, a license shall be issued by the Director upon payment to the Director of the annual licensing fee described in Section 230.200 and a showing satisfactory to the Director that the insurance requirement of Section 230.270 and the bonding requirement of Section 230.280 have all been met.
[R.O. 2009 § 230.110; R.O. 2006
§ 206.110; Ord. No. 2374 § 1, 4-16-2001]
The license issued by the Director shall be personal to the applicant and may only be transferred by compliance with Section 230.210.
[R.O. 2009 § 230.120; R.O. 2006
§ 206.120; Ord. No. 2374 § 1, 4-16-2001]
The license issued by the Director shall be for a fixed number of years equal to the estimated life of the facility as contained 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 230.180, et seq., and the modifications requested by the operator in the annual application may include a request that the term of the license be changed.
[R.O. 2009 § 230.130; R.O. 2006
§ 206.130; Ord. No. 2374 § 1, 4-16-2001]
In the event that City ordinances
require the Planning and Zoning Commission or the Community Development
Director to hold a hearing regarding the issuance of a conditional
use permit (C.U.P.) or regarding a rezoning which must be affected
before the materials facility plan may be lawfully implemented on
a site, the Planning and Zoning Commission and the Community Development
Director may develop and implement a procedure whereby the application
submitted to the Director, and the verified application for a conditional
use permit or the petition for change of zoning, as the case may be,
be consolidated into a single application for the convenience of the
applicant, the City and the public.
[R.O. 2009 § 230.140; R.O. 2006
§ 206.140; Ord. No. 2374 § 1, 4-16-2001]
A.
The Director is authorized to cooperate
with the Missouri Department of Natural Resources, 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 Director and
an application concerning the same development submitted in another
jurisdiction be consolidated into a single application for the convenience
of the applicant, the City and the other jurisdiction or jurisdictions.
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
City and the environment, all with the purpose of avoiding duplication
of effort by various jurisdictions.
[R.O. 2009 § 230.150; R.O. 2006
§ 206.150; Ord. No. 2374 § 1, 4-16-2001]
Upon receipt of a license issued
by the Director, the applicant becomes the operator of the facility
for which the license was issued.
[R.O. 2009 § 230.160; R.O. 2006
§ 206.160; Ord. No. 2374 § 1, 4-16-2001]
Yard by-product compost 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. 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.
[R.O. 2009 § 230.170; R.O. 2006
§ 206.170; Ord. No. 2374 § 1, 4-16-2001]
A.
Despite the approval of a materials facility
plan for a yard by-product compost 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 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, a copy
of which is held on file in the City offices, shall be addressed and
delivered to the Director at least thirty (30) days prior to each
anniversary date of the initial license, and shall contain:
[R.O. 2009 § 230.180; R.O. 2006
§ 206.180; Ord. No. 2374 § 1, 4-16-2001]
A.
Every application for a renewal license
for a yard by-product compost 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 by-product in cubic
yards received by the facility during the previous year.
3.
Volume of end-use product produced.
4.
A listing of operating problems encountered
and solution pursued.
[R.O. 2009 § 230.190; R.O. 2006
§ 206.190; Ord. No. 2374 § 1, 4-16-2001]
Upon receipt of the renewal application described in Sections 230.170 and 230.180, and the payment of the basic annual licensing fee as set forth in Section 230.200, the Director shall issue a renewal license for the compost facility. The Director shall not issue the renewal license if the license to operate the facility has been revoked pursuant to this Chapter.
[R.O. 2009 § 230.200; R.O. 2006
§ 206.200; Ord. No. 2374 § 1, 4-16-2001]
The basic annual licensing fee shall
be as follows:
|
Facility
|
Fee
|
|---|---|
|
Yard by-product compost facility
|
$200.00
|
|
Not-for-profit yard by-product compost
facility
|
$50.00
|
[R.O. 2009 § 230.210; R.O. 2006
§ 206.210; Ord. No. 2374 § 1, 4-16-2001]
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 Director, the operator may submit a request to the Director containing the reasons for such a belief and the information required in Section 230.180 for a renewal application. The Director shall consider such a request and may modify the materials facility plan to reflect such changes if he/she 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 or welfare.
B.
If the operator wishes to transfer his/her license to operate a yard by-product compost facility to another, and another person wishes to accept the transfer of the license, the operator shall file a statement with the Director so stating that the operator wishes to make such transfer. The person wishing to operate the facility shall file an application containing the information required by Section 230.180 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 modifications shall include an indication that the license is transferred to the person desiring to take over operation of the facility, such person 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.
[R.O. 2009 § 230.220; R.O. 2006
§ 206.220; Ord. No. 2374 § 1, 4-16-2001]
A.
A license for operation of a yard by-product
compost facility may be suspended or revoked, following hearing before
the 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 and welfare and the health
and welfare of persons operating and using the facility.
B.
For a violation of any of the above, the
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 operation, the suspension shall
be until such time as the operator establishes a procedure satisfactory
to the Director which remedies the violation.
C.
For a willful misstatement of facts contained
in any application or renewal application, the Director may revoke
the license or renewal license.
[R.O. 2009 § 230.230; R.O. 2006
§ 206.230; Ord. No. 2374 § 1, 4-16-2001]
The Director shall provide at least
ten (10) 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 by-product compost facility. The hearing
shall be open to the public.
[R.O. 2009 § 230.240; R.O. 2006
§ 206.240; Ord. No. 2374 § 1, 4-16-2001]
No person shall construct a yard
by-product compost facility in a manner that does not comply with
the materials facility plan approved by the Director of such facility
or with the requirements of this Chapter.
[R.O. 2009 § 230.250; R.O. 2006
§ 206.250; Ord. No. 2374 § 1, 4-16-2001]
During any period of construction
(initial, expansion or modification) of a yard by-product compost
facility, the 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.
[R.O. 2009 § 230.260; R.O. 2006
§ 206.260; Ord. No. 2374 § 1, 4-16-2001]
Notwithstanding the final approval
of a materials facility plan and issuance of a license to construct
and operate a yard by-product compost facility, the facility shall
not begin to operate and accept material until there is final approval
in writing by the Director indicating that a final inspection of the
facility following construction has been completed and that the facts
then in possession of the Director indicate that the facility has
been constructed according to the materials facility plan. Final approval
in writing by the Director is also required for final construction
of facility modification prior to the continued operation in an area
affected by the construction.
[R.O. 2009 § 230.270; R.O. 2006
§ 206.270; Ord. No. 2374 § 1, 4-16-2001]
A.
No license for the construction and operation
of a yard by-product compost facility shall be issued nor shall such
a facility be operated until and unless the applicant acquires public
liability insurance approved by the Director governing all proposed
operations of the applicant pertaining to the business of constructing
and operating a yard by-product compost facility. The insurance shall
be with an insurer acceptable to the 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 Director.
B.
No license for the construction and operation
of yard by-product compost 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 Director and shall be with
an insurer acceptable to the 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 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 Director
if any policy required by this Section is terminated or canceled.
[R.O. 2009 § 230.280; R.O. 2006
§ 206.280; Ord. No. 2374 § 1, 4-16-2001]
No person shall construct or operate
a yard by-product compost 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 City, who shall give 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 City.
The bond must be approved by the City Attorney.
[R.O. 2009 § 230.290; R.O. 2006
§ 206.290; Ord. No. 2374 § 1, 4-16-2001]
A.
No person shall operate a yard by-product
compost facility in a manner that does not comply with the materials
facility plan approved by the Director for such facility and which
does not comply with the requirements of this Chapter pertaining to
operation of such facility. Failure to comply with the materials facility
plan or operation of a yard by-product compost 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.
Does acts precluded by the materials
facility plan or this Chapter, or
2.
Fails to do acts required by the
materials facility plan or this Chapter, or
3.
Fails to maintain conditions required
by the materials facility plan or this Chapter, or
4.
Maintains conditions prohibited by
the materials facility plan or this Chapter.
[R.O. 2009 § 230.300; R.O. 2006
§ 206.300; Ord. No. 2374 § 1, 4-16-2001]
A.
Yard by-product compost 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
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 vector problems.
5.
Surface watercourses and runoff shall
be diverted to storm sewers, detention ponds or other approved collection
methods.
6.
Materials easily moved by wind shall
be stored in such a manner so as to prevent such material from becoming
airborne and scattered.
7.
Fire extinguishers shall be provided
and accessible.
8.
Persons not authorized shall not
be permitted to remove or scavenge in the materials deposited at the
facility.
9.
Facility must meet all zoning restrictions.
11.
Compliance with handling, storage
and disposal requirements for materials regulated under Federal, State
and/or local jurisdictions shall be met.
[R.O. 2009 § 230.310; R.O. 2006
§ 206.310; Ord. No. 2374 § 1, 4-16-2001]
There shall be displayed at each
entrance to each yard by-product compost facility a sign containing
the following information in letters at least two (2) inches high
and one-half (½) inch wide, the words "The following materials
will be accepted at this facility:" followed by a list of materials
which will not be accepted at the facility.
[R.O. 2009 § 230.320; R.O. 2006
§ 206.320; Ord. No. 2374 § 1, 4-16-2001]
A.
The Director is authorized, with or without
probable cause to believe that a specific violation exists, to enter
and inspect yard by-product compost premises at any time to ensure
that the facility is being operated consistently with the materials
facility plan, this Chapter, and in the interests of the health and
welfare of the residents of the City. 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 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 by-product compost 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, he/she 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
by the Director, the Director may, if he/she deems it necessary in
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 City-owned or leased equipment and
City employees, do such work as is necessary to correct any condition
so noticed.
C.
Upon completion of such work, the Director
shall cause the total cost of such work to be determined and certify
the same to Finance Director, the report, with the approval of the
Finance Director endorsed thereon, shall be transmitted to the City
Clerk, 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 City Attorney in
the name of the City. 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 doing 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 doing
the work. Each said special tax bill shall include a charge of three
dollars ($3.00) for inspecting the same and giving the notice and
further charge of one dollar ($1.00) 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.
[R.O. 2009 § 230.330; R.O. 2006
§ 206.330; Ord. No. 2374 § 1, 4-16-2001]
A yard by-product compost facility
shall be closed in accordance with the methods and procedures shown
in the materials facility plan.
[R.O. 2009 § 230.340; R.O. 2006
§ 206.340; Ord. No. 2374 § 1, 4-16-2001]
The operator shall notify the Director
three (3) months prior to permanent or planned closure of his/her
intent to close a yard by-product compost facility.
