(a) 
The purpose of these regulations is to establish minimum standards for the design, location, and operation of solid waste facilities for the disposal of municipal solid waste. These minimum regulations ensure the protection of the environment and the protection of the health, safety, and welfare of the citizens of the town.
(b) 
These regulations apply to owners/operators of new or existing solid waste facilities, except as otherwise specifically provided herein.
(c) 
These regulations do not apply to closed facilities (as defined herein) or solid waste facilities that close prior to the effective date of these regulations.
(d) 
Solid waste facilities failing to satisfy these regulations constitute open dumping, which is prohibited.
(e) 
These regulations apply only to solid waste facilities for the disposal of municipal solid waste and not the disposal of hazardous or toxic waste.
(1998 Code, sec. 95.01)
For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Active life.
That part of a facility or unit that has received or is receiving wastes that has not been closed in accordance with section 13.02.136.
Aquifer.
A geologic formation, group of formations, or portion of a formation capable of yielding significant quantities of groundwater to wells or springs.
Closed unit.
Any solid waste disposal unit that no longer receives solid waste and has received a final layer of cover material.
Collector station (a.k.a. transfer station).
A facility designed, constructed, and located to collect solid waste from smaller vehicles in local areas and then transfer the waste to larger specialized vehicles for conveyance to the landfill.
Commercial solid waste.
All types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.
Existing unit.
Any solid waste disposal unit that is receiving solid waste as of the effective date of these regulations and has not received a final layer of cover material.
Facility.
All contiguous land and structures, other appurtenances and improvements on the land used for the disposal of solid wastes.
Groundwater.
Water below the land surface in a zone of saturation.
Household waste.
Any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
Industrial solid waste.
Solid waste generated by manufacturing or industrial processes. Such waste may include, but is not limited to, the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
Landfill.
An area of land or an excavation in which wastes are placed for permanent disposal, and which is not a land application unit, surface impoundment, injection well, or waste pile.
Lateral expansion.
A horizontal expansion of the waste boundaries of a landfill unit.
Leachate.
A liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such wastes.
Municipal solid waste.
Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste.
Municipal solid waste landfill.
Any landfill or landfill unit that receives household waste. This landfill may also receive other types of wastes, such as commercial waste, nonhazardous sludge, and industrial solid waste. Such a landfill may be publicly or privately owned.
New unit.
Any solid waste disposal unit that has not previously received solid waste prior to the effective date of these regulations. A new unit also means lateral expansions of units as defined herein.
Open burning.
The combustion of solid waste without:
(1) 
Control of combustion air to maintain adequate temperature for efficient combustion;
(2) 
Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(3) 
Control of the emission of the combustion products.
Operator.
The person responsible for the overall operation of a facility.
Owner.
The person who owns a facility or part of a facility.
Person.
An individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity.
Run-off.
Any rainwater, leachate, or other liquid that drains over land from any part of a facility.
Run-on.
Any rainwater, leachate, or other liquid that drains over land onto any part of a facility.
Saturated zone.
That part of the earth’s crust in which all voids are filled with water.
Sludge.
Any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility.
Solid waste.
Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under 33 USC 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, being 42 USC 2011 et seq., as amended.
Solid waste facility.
All contiguous land, and structures, other appurtenances, and improvements on the land, used for processing, storing, or disposing of solid waste. A facility may be publicly or privately owned and consist of several processing, storage, or disposal operational units, e.g., one or more landfills, surface impoundments, or combinations of them. Reference to a solid waste facility shall in these regulations include references to a “municipal solid waste landfill.”
Waste management unit boundary.
A vertical surface located at the hydraulically downgradient limit of the unit. This vertical extends down into the uppermost aquifer.
(1998 Code, sec. 95.02)
Any person violating any of the provisions of these regulations shall, upon conviction, be fined in an amount not to exceed $2,000.00, and each and every day that the provisions of these regulations are violated will constitute a separate and distinct offense.
(1998 Code, sec. 95.99)
The owner/operator of a solid waste facility must comply with any other applicable federal, state, or county rules, laws, regulations, or requirements.
(1998 Code, sec. 95.03)
The location, design, and operation of a solid waste facility in the town must conform to standards that will protect the health, safety, and welfare of its citizens, will avoid or minimize any negative effects on the quality of life of its citizens, and will not directly or indirectly cause a financial burden on the town or its citizens.
(1998 Code, sec. 95.04)
No person shall construct a solid waste facility in the town or its extraterritorial jurisdiction without first obtaining a building permit. The building permit application shall contain a detailed site design and utilization plan that meets the regulations established herein.
(1998 Code, sec. 95.05; Ordinance 2016-28, sec. 4, adopted 10/11/16)
(a) 
No person shall operate a solid waste facility within the town or its extraterritorial jurisdiction without first obtaining a conditional use permit as provided in article 14.02 of this code. Any conditional use permit issued by the town shall not be for more than three years. The application for a conditional use permit for the operation of a solid waste facility shall contain detailed operational plans that meet the regulations established herein, together with a final closure plan. The completion/closure plan must include a closure schedule, final contours, final landscaping, final land use, and a bond payable to the town that the complete closure will be in accordance with the closure plan.
(b) 
An initial nonrefundable fee in an amount as set forth in the fee schedule in appendix A of this code must accompany the application, the purpose of which will be to defray the cost of technical and expert assistance the town will require to assure the planned operations will comply with the regulations established herein. Any additional amounts incurred by the town over the amount of the initial deposit to analyze and evaluate the operational plan of the applicant, if any, shall be reimbursed to the town by the applicant.
(c) 
Prior to the issuance of a conditional use permit, the owner/operator must obtain three appraisals of the real property (subject property) within a one-mile radius of the boundary of the proposed solid waste facility site. The appraisers must be qualified MIA appraisers in good standing, one approved by the town, one approved by the owner/operator, and one approved by both the town and the owner/operator. The appraisers shall first appraise the subject property for the year prior to the year that the proposed solid waste facility was first publicly announced or became public knowledge. The appraisers shall then appraise the subject property for the year that the owner/operator receives a permit to operate from the department of state health services or the state commission on environmental quality. If, after taking into account all other market forces, the appraisers determine that the proposed solid waste facility has caused the subject property to suffer a reduction in value, or a reduction in appreciation as compared to similar property greater than one mile from the proposed solid waste facility site, then the owner/operator shall compensate the owners of the subject property for such loss in value or loss in appreciation.
(1998 Code, sec. 95.06; Ordinance adopting Code)
(a) 
The owners/operators of a solid waste facility shall financially indemnify the town for all costs, both direct and indirect, incurred by the town as a result of the construction or operation of a solid waste facility within the town or its extraterritorial jurisdiction. Such costs include, but are not limited to:
(1) 
The construction and maintenance of roads resulting from increased and heavier weight vehicles traveling to and from the solid waste facility.
(2) 
The additional cost of equipment of the fire department to provide adequate fire protection resulting from additional risks associated with a solid waste facility.
(3) 
Technical consultants to provide expert assistance to the town, to perform studies, to conduct monthly inspections, and to make recommendations as regards any building permit or specific use permit or renewal for the construction or operation of a solid waste facility and the ongoing operations of a solid waste facility, as they may impact the town.
(4) 
Any other costs to the town which can be directly or indirectly attributed to operations or existence of a solid waste facility.
(b) 
The amount of such fee shall be established upon the granting or renewal of the specific use permit required herein and paid annually upon the anniversary date of the specific use permit. Such fees shall be deposited in a separate account maintained by the town and an annual accounting of how such fees are expended by the town will be made available upon written request of an affected owner/operator.
(1998 Code, sec. 95.07)
In addition to the penalty provided for in this division, the right is hereby reserved by the town to bring suit in such court or courts having jurisdiction thereof and to obtain such remedies that may be available at law and equity, including injunctive relief, in the protection of the rights of the town and its citizens relating to solid waste disposal.
(1998 Code, sec. 95.08)