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HomeMy WebLinkAbout~Master - Relating to Siting, Operation of Private Sanitary Disposal Projects, Landfills ORDINANCE NO. 3095 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 10.23 FOR THE PURPOSE OF ESTABLISHING REGULATIONS, STAN- DARDS AND PROCEDURES PERTAINING TO SITING AND OPERATION OF PRIVATE SANITARY LANDFILLS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by adding thereto a new section as follows: "Sec. 10.23. APPROVAL OF PRIVATE SANITARY DISPOSAL PROJECTS. No private agency shall undertake the establishment or operation, within the City of Ames, of a new sanitary disposal project that is subject to the regulations of Chapter 455D, Code of Iowa, without first obtaining the approval of the Ames City Council for each such sanitary disposal project. (1) Application. (a) Number of Facilities. No permit shall be granted for any sanitary disposal project until a definitive need for such a facility is demonstrated to the City. Such a demonstration shall show that existing permitted facilities are not adequate to serve the need for disposal of solid waste produced in Story County, Iowa. (b) Preference for permits will be given to renewals over new sites providing the existing site has been operated in compliance with all applicable laws, rules, and regulations. (c) Reclamation. Prior to approval of the sanitary disposal site permit, the applicant shall file a reclamation plan showing the steps that will be taken to return the site to a well drained, land- scaped area. The reclamation plan must show con- tours at a maximum of 2' intervals, all landscaping that will be added to the site at closure, and the ultimate use of the completed site. The permit applicant shall submit a list of types of seed to be used as ground cover. The City shall review and approve the type of seeding in accordance with the requirements of the Iowa Department of Natural Resources. (d) Minimum Size. The minimum size allowed for a sanitary disposal site shall be 8 acres or the size needed to provide a specific service for a minimum of 5 years. (e) Use of Land. The development of a sanitary dispos- al project shall be limited to property that is zoned General Industrial. (f) Period of Approval/Permit Renewal. The permit shall be granted for a period of six (6) years, at the end of which time the applicant must submit a new application for continued operation of the sanitary disposal site. (g) Performance Guarantee Required for On-Site Improve- ments. Bond or cash escrow in a sum established by the City Council shall be provided to guarantee the completion of the on-site improvements. (2) On-site Improvement. (a) Stormwater Runoff/Erosion Control. Prior to ap- proval of the application for the sanitary disposal site, the applicant shall file a stormwater runoff plan that addresses site drainage and its affect on adjacent property. Also an erosion control plan must be created to address erosion during operation and after closure. The plans must address any slope that exceeds that which is erodible in accor- dance with soil conservation regulations. (b) On-Site Control. The development of a sanitary disposal project shall provide for the construction of an office facility that will be used by the applicant to house those functions and personnel necessary to perform on-site waste disposal monitor- ing and control. (c) Separation Requirements. (i) A sanitary disposal project shall be separated from Public Right-of-Way and other develop- able property by a buffer area at least 50 feet in width. This buffer area shall be designed to include a berm, coniferous trees and shrubs. The applicant may utilize existing vegetation and terrain to meet the separation require- ments. 2 (ii) Sanitary disposal projects shall be located no closer than 2,640 feet to another private sanitary disposal project. (d) Security. The operation of a sanitary disposal project shall provide for control of unregulated dumping and placement of unauthorized material in or adjacent to the project site. (e) Security Lighting. The intent of this requirement is to control unauthorized dumping and to assist in providing security to the property. All exterior light sources, including headlights, shall be shielded from view from adjacent property. Exterior lighting shall be limited to a maximum of one foot candle at the property line. (f) Employee Parking. A minimum of one (1) parking space for each employee shall be included as part of the site plan approval for sanitary disposal sites. (g) Required Vehicle Stacking Area. A minimum of three (3) vehicle spaces shall be provided on the site to accommodate vehicles that are waiting to deposit their sanitary disposal materials. All such spaces shall be entirely on the site and shall be in addition to parking spaces required by the principal use. The vehicle stacking area shall be located in such a manner that vehicles waiting in line will not inter- fere with nor obstruct the primary driveway and parking facilities on the site. (h) Signage. A maximum of one (1) pole sign, not larger than thirty-two (32) square feet in surface area per sign face with not more than two (2) sign faces, shall be permitted for each sanitary disposal site. The maximum height of the sign shall not exceed 10 feet as measured from grade. This sign may be illuminated internally or externally provided the area lighting requirements are met. (3) Off-Site Improvements. (a) Roads. Sanitary disposal projects shall obtain access to the site from a public street that has been constructed of concrete bituminous concrete or some other similar dust free, all weather material of sufficient thickness to carry expected vehicles. (b) Access. The development of a sanitary disposal project shall be so designed to allow for only one 3 point of access to the site. This access facility will enable effective control of the placement of material into the sanitary disposal site, to prevent uncontrolled placement of material and to prevent other activities that may negatively affect the operation of the sanitary disposal project. (c) Off-Site Improvements. The cost of constructing off-site improvements that are required to serve the site, as determined by the City, shall be assessed to the owner of the sanitary disposal site. This includes, but is not limited to: (i) Traffic Control. (ii) Street Surface Upgrading. (iii) Utilities. (4) Operations. (a) Service Area. Only waste material produced in Story County, Iowa shall be allowed in any permitted sanitary disposal site. Depositing of solid waste brought in from outside the county is prohibited. Excepted from this requirement is the temporary treatment of petroleum contaminated soils. (b) Non-Exclusive Service. The permitted site shall not refuse service to anyone to dispose of non-hazardous waste materials produced in Story County. (c) Monitoring Well Reports. The operator of a permit- ted sanitary disposal facility shall furnish to the city Department of Public Works copies of all moni- toring well reports that the operator submits to the Iowa Department of Natural Resources. Copies of City monitoring well reports are available from the Department of Public Works on request. (d) Fee Schedule. The fee schedule dealing with the disposal of material in the sanitary disposal site shall be posted on a sign at the entrance to the facility. Said fee schedule and sign shall be large enough to be read from the street driving surface adjacent to the point of access. Overall size of the sign shall be 32 square feet maximum. (e) Cover Material. Cover material shall be placed in accordance with Iowa Department of Natural Resourc- es regulations. If the cover operation does not properly control litter and/or other problems, the operator will be required to cover the material on a more frequent basis to alleviate the problems. 4 (f) Alternate Disposal Responsibility. For those items that do not need to be disposed of at a sanitary disposal site, in accordance with the rules of the Iowa Department of Natural Resources, the opera- tion shall develop a plan to restrict their disposal at the permitted site. This plan could involve limitations on the amount of nonregulated material that is allowed on each load or other regulations that will encourage recycling or reuse of this material. (g) DNR Rules. The applicant must operate and main- tain the sanitary disposal project in compliance with Department of Natural Resources (DNR) rules and regulation at all times. This requirement is applicable even if DNR amends its rules and regula- tions. (h) Dust Control. The applicant must operate and maintain the sanitary disposal project so that dust and other airborne particulates will not pose a problem to adjacent and nearby property. Areas that are likely to be the source of fugitive dust shall be controlled by such practices as watering, applying calcium chloride, or surfacing. (i) Inspection Frequency. The applicant or owner of a sanitary disposal project shall provide for periodic inspections by federal, state or local officials. These inspections shall occur not less frequently than: Federal Officials: As provided for in applicable federal regulations. State Officials: As provided for in applicable state regulations. Local Officials: At least once every 90 days from date at which an approval for a sanitary disposal project is granted by the City Council. (j) Hours of Operation. Sanitary disposal projects shall operate sufficient hours to provide service to the public, but not longer than sun-up to sun- down, Monday through Saturday. (k) Open Burning. Open burning of solid waste materi- al on the permitted site is prohibited. (1) Reporting. The operator of the sanitary disposal site shall be required to submit a report to the city every ninety (90) days. The report shall include, but not be limited to, the following infor- 5 mation concerning those persons and businesses depositing waste at the waste disposal site: (i) . Name of person and business (if applicable). (ii) Telephone number and address. (iii) Type of waste deposited. (m) Enforcement. Failure to conform to the City Council approved plan for the sanitary disposal project in any respect, or to any provision of this section, shall be a violation of this section punishable as a municipal infraction." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as provided for by Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith shall be repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 28th day of August 1990. Nancy Dio gi, City Cl Larry R. rtis, Mayor 0124 6