No person shall operate a disposal area within
the limits of the Town without first obtaining a license to do so
from the Town Council.
Any person who operates a disposal area without
first obtaining a license therefor shall, upon conviction, be fined
in an amount not exceeding $1,000 or imprisoned for a period not exceeding
six months, or both. Each day of illegal operation of the disposal
area shall be deemed a separate offense.
The Town Council shall refuse to consider an
application for a license to operate a disposal area unless the applicant
has first obtained a special exception from the Zoning Board of Review
of the Town for the disposal area.
A.
The applicant for the license to operate a disposal
area must be the owner or lessee of the disposal area.
B.
The Town Council shall require the applicant to file
with his application documents setting forth the method of disposal
of industrial sludge, waste or sewage sludge, any unique land conditions,
and the nature of the material to be disposed, in sufficient detail
so as to permit the Town Engineer to determine whether there will
be any harmful or detrimental effect on neighboring property. The
Town Council shall require a report by the Town Engineer as to his
recommendations regarding the proposed disposal area and his reasons
therefor, at least 14 days before the date of the public hearing.
C.
It shall be unlawful for any person to make any false
statements in any application to operate a disposal area or in any
supporting documents or testimony regarding the application.
Each application for the issuance or renewal of a license under this article shall be accompanied by a filing fee as set forth in Chapter 122, Fees, which shall not be refunded. The fee for a license to operate a disposal area shall also be as set forth in Chapter 122, Fees, and shall be paid together with the filing fee. The fee for the license is refundable if the Town Council does not approve the application for the license.
Prior to ruling on an application for a license
to operate a disposal area, the Town Council shall schedule a public
hearing thereon within a reasonable time. Notice of such hearing shall
be published at least once each week for three successive weeks prior
to the date of such hearing, in a newspaper of general circulation
in the Town. Notice of such hearing shall also be mailed to owners
of real property which abut the land which is the subject matter of
the application. Any party may appear and be heard at the public hearing
in person or by agent or attorney.
The Town Council shall render a decision on
the application to operate a disposal area within a reasonable time
after the public hearing. A majority vote of the Town Council shall
be required to decide whether or not a license to operate a disposal
area shall be granted.
In considering any application for a license
to operate a disposal area, the Town Council may impose any requirements,
specifications, limitations, restrictions or conditions precedent
which they deem necessary and reasonable to safeguard the health,
safety and welfare of the residents of the Town, and these requirements,
specifications, limitations, restrictions or conditions precedent
shall be in addition to those ordered by the Board.
Licenses issued under this article shall be
issued for a period not exceeding six months, and are not transferable.
A.
Any person desiring to renew a license to operate
a disposal area shall complete and submit to the Town Council an application
therefor not more than 60 days nor less than 30 days before the expiration
date thereof, and shall tender with each application the filing and
license fees required by this article.
B.
Sections 142-1, 142-3, 142-4 and 142-13 through 142-21 shall apply with like force and effect with respect to applications for renewal of licenses for disposal areas as they do for the original license for disposal areas. In addition, the Town Council shall require the Town Engineer to inspect the disposal area to determine whether the original plans submitted to the Board and the Town Council for the original license have been adhered to. The Town Engineer shall determine whether the disposal area has the capacity to take additional industrial sludge, waste or sewage sludge. In addition, the Town Engineer shall determine if harmful effects have occurred from previous disposal or whether such harm is likely to occur if such disposal is continued. The Town Engineer shall submit his conclusions to the Town Council, together with his reasons therefor, at least 30 days prior to the date scheduled for a public hearing on the application for a renewal of the license to operate a disposal area.
Should the disposal area become a public nuisance, the Town Council may revoke the license granted in accordance with this article and issue a cease-and-desist order to the operator of the disposal area. In such event, the operator of the disposal area shall not be entitled to any refund of the license fee. The operator's failure to comply with the order shall constitute a violation of this chapter, and he shall be subject to the penalties as provided in § 142-14. Notice of the revocation shall be sent by first-class mail, postage prepaid, to the disposal area operator at the address given on the license application. Such notice shall be deemed sufficient and adequate provided it contains notice that the disposal area operator has the right to request a public hearing within three days of his receipt of the notice. The Town Council shall grant such hearing within seven days from receipt of the request for a hearing.
Any disposal areas for industrial sludge, waste
or sewage sludge which were in use for such purpose prior to the adoption
of this chapter may be continued to be used as such without a license
therefor; provided, however, that the operator of the disposal area
shall, within 180 days after the adoption of this chapter, apply for
a license to operate a disposal area in accordance with the provisions
set forth for licensing in this article.
