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.
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)
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)