Operating hours must be approved by the town and specified in the specific use permit issued by the town for the operation as a solid waste facility. The approved hours of operation will take into account noise, traffic, and dust emitting from or attributed to operation of the solid waste facility and which may infringe on the safety or quality of life of town citizens. Should the owner/operator not be required by law to obtain a specific use permit for the operation of a solid waste facility, then operations will not be conducted outside the hours of 8:00 a.m. to 6:00 p.m. on weekdays and 8:00 a.m. to 2:00 p.m. on Saturdays. No operations will be conducted on Sunday. “Operations” is defined as the acceptance of waste or the operating of any equipment used in disposal operations or preparation for disposal.
(1998 Code, sec. 95.35)
At a minimum, an on-site manager with a class A letter of competency from the department of state health services shall be available on the site during operating hours.
(1998 Code, sec. 95.36)
(a) 
The owner/operator of a solid waste facility shall control public access using artificial barriers, natural barriers, or both, as appropriate, to protect human health and the environment, and to prevent unauthorized vehicular traffic and illegal dumping of wastes.
(b) 
Truck routes to and from the solid waste facility and entrance locations must be approved by the town and must be comprehended in the site plan filed with an application for a building permit. The total costs to design, construct, and maintain appropriate roads, including the acquisition of required rights-of-way to safely handle the increased and heavier traffic generated by a solid waste facility, are the responsibility of the owner/operator of a solid waste facility and must be expended directly by the owner/operator or reimbursed to the town upon demand.
(1998 Code, sec. 95.37)
The owners/operators of a solid waste facility will be responsible for removing all debris, paper, garbage cans, bottles, and discarded or waste materials from the streets and street rights-of-way and along all major road thoroughfares leading to the solid waste facility for a distance of five miles from the entrance of the facility. Cleaning of these areas will be not less than daily and may be required more frequently by the town if conditions so warrant.
(1998 Code, sec. 95.38)
(a) 
The owner/operator of a solid waste facility must provide or require collector stations convenient to the communities or areas generating municipal solid waste so that municipal solid waste must be deposited at the local collection station for transfer to the solid waste facility, thereby avoiding the vehicular traffic, litter, and attendant problems of many small municipal, commercial, or personal vehicles.
(b) 
As a minimum, collection stations must be open for operation during the same hours as the corresponding solid waste facility is open.
(c) 
The initial opening of collection stations must correspond with the opening of a solid waste facility that accepts municipal solid waste generated outside the town.
(1998 Code, sec. 95.39)
(a) 
All vehicles entering a solid waste facility transporting municipal solid waste must have a valid permit issued by the owner/operator of a solid waste facility or the department of state health services under a strict inspection code that will assure the vehicle meets all federal and state rules and regulations and the regulations set out herein for hauling municipal solid waste. Permits will only be issued to municipal, industrial, and commercial haulers with automated unloading systems and an unheaped hauling capacity greater than 70 cubic yards. Smaller nonautomatic unloading vehicles and private individuals will not be issued permits. The permitting procedure and conditions used by the owner/operator of a solid waste facility must be approved by the town at the time the specific use permit is approved or renewed. Special permits may be authorized for 20 to 40 cubic yard roll-off containers for hauling inorganic debris only.
(b) 
A surcharge must be imposed on vehicles entering a solid waste facility without a valid permit. The surcharge must be an amount not less than 50% of the standard dumping fee such that the surcharge plus fee will be no less than 150% of the stated fee.
(c) 
The owner/operator of a solid waste facility shall assess a surcharge on any vehicle entering a solid waste facility that is not covered with a tarp or closure to prevent spilling or blowing debris. The surcharge must be a minimum of 50% higher than the standard fee.
(d) 
All incoming vehicles must stay on a paved surface and deposit their waste on the tipping floor/pit in an enclosed building. At no time should incoming vehicles leave a paved surface prior to returning to town streets.
(1998 Code, sec. 95.40)
(a) 
The owner/operator of a solid waste facility must implement a program that detects and prevents the disposal of regulated hazardous or toxic wastes at the facility. This program must include at a minimum:
(1) 
Utilization of the latest technology and equipment in hazardous waste detection;
(2) 
Random inspections of incoming loads;
(3) 
Inspection of suspicious loads;
(4) 
Records of any inspections;
(5) 
Training of facility personnel to recognize regulated hazardous waste; and
(6) 
Procedures for notifying town, county, and state authorities if a regulated hazardous waste is discovered at the facility.
(b) 
A solid waste facility owner/operator shall obtain written guarantees from each user that all their routes and customers are prescreened to preclude collection of hazardous or toxic waste. A solid waste facility owner/operator shall provide a state-of-the-art household hazardous waste collection program for users to collect household municipal waste.
(c) 
As used in this section, “regulated hazardous waste” means a solid waste that is a hazardous waste either as defined in 40 CFR 261.3 or as generated by a small quantity generator as defined in 40 CFR 261.5.
(1998 Code, sec. 95.41)
(a) 
The owner/operator of a solid waste facility must cover disposed solid waste with suitable materials at the end of each operating day, or at more frequent intervals, if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging.
(b) 
The town may grant a temporary waiver from the requirements of subsection (a) of this section if it determines that there are extreme seasonal climatic conditions that make meeting such requirements impractical.
(1998 Code, sec. 95.42)
(a) 
The owner/operator of a solid waste facility shall prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.
(b) 
For purposes of this section, “disease vectors” means any rodents, flies, or mosquitoes, or other animals or insects capable of transmitting disease to humans.
(1998 Code, sec. 95.43)
(a) 
The owner/operator of a solid waste facility shall ensure that:
(1) 
The concentration of methane generated by the facility does not exceed 25% of the lower explosive limit for the gases in facility structures (excluding gas control or recovery system components); and
(2) 
The concentrations of methane gas do not exceed the lower explosive limit for the gases at the facility property boundary.
(b) 
The owner/operator of a solid waste facility must implement a routine methane monitoring program to ensure that the standards of subsection (a) are met.
(1) 
The type and frequency of monitoring must be determined based on the following factors:
(A) 
Soil conditions;
(B) 
The hydrogeologic conditions surrounding the disposal area;
(C) 
The hydraulic conditions surrounding the disposal site; and
(D) 
The location of the facility structures and property boundaries.
(2) 
The minimum frequency of monitoring shall be quarterly.
(c) 
If methane gas levels exceeding the limits specified in subsection (a) of this section are detected, the owner/operator must:
(1) 
Immediately take all necessary steps to ensure immediate protection of human health;
(2) 
Immediately notify the town of the methane gas levels detected and the immediate steps taken to protect human health; and
(3) 
Within 14 days, submit to the town for approval a recommendation plan for the methane gas releases. The plan shall describe the nature and extent of the problem and the proposed remedy. The plan must include specifics of how the owner/operator plans to meet these regulations, an audit plan to assure compliance, provision for records and access to records, means to notify the town, procedure to shut down the facility and means to notify users in the event of a shutdown. The plan shall be implemented upon approval by the town.
(d) 
As used in this section, “lower explosive limit” means the lowest percent by volume of a mixture of explosive gases which will propagate a flame in air at 25° C and atmospheric pressure.
(1998 Code, sec. 95.44)
(a) 
A solid waste facility shall not violate applicable requirements developed under a state implementation plan (SIP) approved or promulgated pursuant to section 110 of the Clean Air Act, being 42 USC 7410, as amended.
(b) 
The town may establish additional clean air criteria depending upon the specific location and impact on the health and quality of life of its citizens.
(c) 
The owner/operator of a solid waste facility shall incorporate an air monitoring and reporting system into the operating plan.
(d) 
Open burning of solid waste, except for the infrequent burning of diseased trees, or debris from emergency cleanup operations, is prohibited at municipal solid waste landfill units. Any open burning necessary as a result of emergency or other reasons must have prior approval of the town.
(e) 
The town requires the owner/operator to provide the town with an ambient air model sufficient to determine if methane gas should be collected and flared, or, if any of the surrounding residents will be impacted by a threshold odor, then the owner/operator will provide a technical solution to eliminate the odor problem.
(1998 Code, sec. 95.45)
(a) 
The owner/operator of a solid waste facility must design, construct, and maintain:
(1) 
A run-on control system to prevent flow onto the active portion of the facility during peak discharge from a 25-year storm; and
(2) 
A run-off control system from the active portion of the facility to collect and control at least the water volume resulting from a 24-hour, 25-[year] storm.
(b) 
Run-off from the active portion of the facility must be handled in accordance with section 13.02.133.
(1998 Code, sec. 95.46)
Municipal solid waste landfill units shall not:
(1) 
Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Act (being 33 USC 1251 et seq.) including, but not limited to, the National Pollutant Discharge Elimination System (NPDES).
(2) 
Cause a nonpoint source of pollution of waters of the United States, including wetlands, that violates any requirement of an areawide or statewide water quality management plan that has been approved under section 208 of the Clean Water Act, being 33 USC 1288, as amended.
(3) 
Cause a subsurface discharge of leachate from solid waste facilities to any surface water or groundwater.
(1998 Code, sec. 95.47)
(a) 
Bulk or noncontainerized liquid waste shall not be placed in municipal solid waste landfill units unless:
(1) 
The waste is household waste other than septic waste; or
(2) 
The waste is leachate or gas condensate derived from the municipal solid waste landfill unit and the landfill unit is equipped for leachate recirculation.
(b) 
Containers holding liquid waste shall not be placed in municipal solid waste landfills unless:
(1) 
The container is a small container similar in size to that normally found in household waste.
(2) 
The container is designed to hold liquids for use other than storage, such as a battery or capacitor.
(3) 
The waste is household waste.
(c) 
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Gas condensate.
The liquid generated as a result of the gas collection and recovery process at the municipal solid waste landfill unit.
Leachate recirculation.
The recycling or reintroduction of leachate into or on municipal solid waste landfill units.
Liquid waste.
Any waste material that is determined to contain “free liquids,” as defined by Method 9095 (Paint Filter Liquids Test), as described in “Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods” (EPA Pub. No. SW-846).
(1998 Code, sec. 95.48)
(a) 
The operational plan approved at the time that the conditional use permit is issued or renewed must include provisions to make available to the town all data relating to tests, analysis, procedures, inspections, receipts, fines, compliance reports, and state and federal communications which relate to operations of a solid waste facility in the town.
(b) 
The operational plan must include procedures for self-audit to assure compliance with requirements herein.
(c) 
The following information must be recorded, as it becomes available, and retained by the owner/operator of any solid waste facility:
(1) 
Monitoring, testing, or analytical data required in part V of this division;
(2) 
Inspection records, training procedures, and notification procedures required in section 13.02.127;
(3) 
Gas monitoring results for monitoring required by section 13.02.130;
(4) 
Clean air monitoring results required by section 13.02.131; and
(5) 
Closure and post-closure care plans as required by sections 13.02.136 and 13.02.137.
(1998 Code, sec. 95.49)
(a) 
The owner/operator of a solid waste facility must close the facility in a manner that minimizes both infiltration of water through the cover system and the need for further maintenance. In addition, the facility should be closed in such a way as to minimize the post-closure generation or release of leachate to the ground or surface waters to the extent necessary to protect human health and the environment.
(b) 
The owner/operator must prepare a written plan that describes the steps necessary to close the solid waste facility at any point during its intended operating life in accordance with the requirements of section 13.02.137. The closure plan, at a minimum, must include the following information:
(1) 
A description of the methods, procedures, and processes that will be used to partially close, if applicable, and finally close a solid waste facility in accordance with the closure performance standard in section 13.02.137; and
(2) 
A description of other activities necessary to satisfy the closure performance standard, including, but not limited to, the removal or disposal of all wastes at the solid waste facility.
(c) 
A copy of the closure plan required by subsection (b) of this section must be kept at the facility or at an alternate location designated by the owner or operator and which meets with the approval of the town until final closure of a solid waste facility.
(1998 Code, sec. 95.50)
(a) 
The owner/operator of a solid waste facility must conduct extended post-closure care after the completion of closure. Post-closure care must consist of at least the following:
(1) 
Maintaining the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to minimize leachate generation and correct the effects of settling, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover;
(2) 
Maintaining and operating the leachate collection system until leachate is no longer generated;
(3) 
Maintaining and monitoring the groundwater monitoring system in accordance with the requirements of part V of this division; and
(4) 
Maintaining and operating the gas monitoring program in accordance with the requirements of section 13.02.130.
(b) 
Post-closure use of property must never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the monitoring system, unless the town determines that:
(1) 
The activities will not increase the potential threat to human health or the environment; or
(2) 
The activities are necessary to reduce a threat to human health or the environment.
(c) 
The owner/operator of a solid waste facility must prepare a written plan that describes monitoring and routine maintenance activities that will be carried out during post-closure care in accordance with the requirements of this division. The post-closure plan must include, at a minimum, the following information:
(1) 
A description of the monitoring and maintenance activities required by this section, and the frequency at which these activities will be performed;
(2) 
Name, address, and telephone number of the person or office to contact about the facility during the post-closure period; and
(3) 
A description of the planned uses of the property during the post-closure care period in accordance with this section.
(d) 
Following final closure of the solid waste facility, the owner/operator must:
(1) 
Record a notation on the deed to the landfill property, or some other instrument that is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) 
The land has been used as a solid waste facility; and
(B) 
Its use is restricted under this section.
(2) 
If the owner/operator or any subsequent owner/operator of the land upon which a solid waste facility is located wishes to remove wastes and waste residues, the liner, or contaminated soils, the owner/operator must request approval from the town.
(e) 
A copy of the post-closure plan required under subsection (c) of this section must be kept at the facility or at an alternate location designated by the owner/operator and approved by the town during the facility’s operating life and through the closure and post-closure care periods.
(1998 Code, sec. 95.51)
(a) 
The requirements of this section apply to owners and operators of a solid waste facility, except federal or state government entities whose debts and liabilities are the debts and liabilities of the United States or the state.
(b) 
The owner/operator must have a detailed written estimate, in current dollars, of the cost of closing the solid waste facility that is consistent with the closure plan developed in accordance with the closure requirements in section 13.02.136. The estimate must equal the maximum cost of final closure at any time during the active life of the facility and must include at a minimum all elements of cost described in the California Waste Management Board Publication, “Initial Cost Estimates and Alternative Financial Mechanisms for Solid Waste Landfills,” dated August, 1988.
(1) 
Until final closure of a solid waste facility, the owner/operator must annually adjust the closure estimate for inflation.
(2) 
The owner/operator may request to reduce the amount of the closure cost estimate if the owner/operator demonstrates that the cost estimate exceeds the maximum cost of closure over the life of the facility.
(c) 
Until closure of a solid waste facility has been completed, an owner/operator of each solid waste facility must post a good and sufficient bond payable to the town for the costs of closure, in an amount equal to the closure cost estimate prepared in accordance with this section.
(d) 
The owner/operator must have a detailed written estimate, in current dollars, of the annual cost of post-closure care monitoring and maintenance of a solid waste facility that is consistent with the post-closure care plan developed in accordance with the post-closure requirements in section 13.02.137. The post-closure care cost estimate is calculated by dividing the annual post-closure care cost estimate by one percent (0.01).
(1) 
Until final closure of the solid waste facility, all owners/operators, except those using a fully funded trust fund to demonstrate post-closure financial assurance as specified in subsection (e) of this section, must annually adjust the post-closure cost estimate for inflation and post a good and sufficient bond in the amount of post-closure cost estimate. Such bond shall be made payable to the town and shall be conditioned that the owner/operator of a solid waste facility will perform all closure requirements provided herein.
(2) 
The owner/operator may request the post-closure cost estimate be reduced if the amount of financial assurance exceeds the cost estimate.
(e) 
The owner/operator of a solid waste facility subject to corrective action under section 13.02.198 must have a detailed written estimate in current dollars of the cost of performing the corrective action. Except as otherwise provided in this subsection, the corrective action cost estimate must be equal to the sum of the annual corrective action costs for the entire period over which corrective action will be conducted.
(1) 
The owner/operator must annually adjust the corrective action cost estimate for inflation until the corrective action is completed.
(2) 
The town may approve a request by the owner/operator to deduce the corrective action cost estimate if the owner/operator demonstrates that the cost estimate exceeds the sum of the annual corrective action costs, in current dollars, for the remaining period over which corrective action will be conducted.
(f) 
An owner/operator of a solid waste facility that becomes subject to the corrective action requirements under section 13.02.198 must post a good and sufficient bond payable to the town for the cost of corrective action in an amount equal to the corrective action cost estimate prepared and adjusted in accordance with this section.
(g) 
The owner/operator will be released from the requirements of a bond for closure upon notification by the town that closure has been completed in accordance with the closure plan and the town has verified that closure has been completed in accordance with the closure plan.
(h) 
The owner/operator will be released from the requirements for financial responsibility for corrective action upon notification by the town that the corrective action, as specified under section 13.02.198, has been completed and the town has verified that such corrective action has been completed.
(1998 Code, sec. 95.52)
Each year, the land that received solid waste for the previous 12 months will be brought to final grade, receive final cover, and be revegetated.
(1998 Code, sec. 95.53)
The owner/operator shall develop a recycling program that will recycle 10% of its waste stream during the first year of operation. While maintaining a minimum 10% recycling, the recycling plan must be continuously improved each year until it complies with state and federal guidelines.
(1998 Code, sec. 95.54)