Licensing, design and operating requirements for demolition debris land disposal facilities are established herein, except that a person may bury concrete and reinforcing bar generated from the demolition of a building or structure located on land used for farming provided that the following requirements are met:
(A) A complete application and all applicable fees as per the county fee schedule must be received and approved by the Department prior to burial of concrete and reinforcing bar:
(B) The concrete and reinforcing bar must originate from a building or structure located on land used for farming and shall not include concrete and reinforcing bar from residential or commercial structures or activities;
(C) No other solid waste or other material governed by this chapter or Minnesota Statutes may be buried;
(D) The application shall include an accurate description of the burial site, the estimated amount of concrete and reinforcing bar to be buried, the dimensions of the excavation including cover, a site restoration plan, and any other information requested by the Department needed to review the application due to site specific conditions;
(E) The burial site must be located on property classified as agricultural land by the County Assessor's Office and on the same parcel of property as the structure or building that the concrete and reinforcing bar was generated from;
(F) The burial site location must not be located within the boundaries of any municipality, in any Transition Area, or Shoreland Impact Zone and shall not be located within 50 feet of any wetland, floodplain, bluff, public right-of-way or property line;
(G) At least three feet of cover must be placed over the concrete and reinforcing bar and the site must be graded and restored to prevent erosion and settling;
(H) The owner of the property must provide 48 hour notice to the Department prior to the burial of the concrete and reinforcing bar and must allow the Department access to the property to inspect the burial site prior to covering:
(I) Pursuant to this chapter and M.S. § 17.135, within 90 days of completion of the burial an affidavit containing a legal description of the property and a map drawn from available information showing the boundary of the property and the location of concrete and reinforcing bar buried on the property shall be recorded with the County Recorder. The County Recorder will record the affidavit required under this paragraph in a manner that ensures its disclosure in the ordinary course of a title search of the subject property.
(Ord. 4C, passed 11-14-00; Am. Ord. 74-2012, passed 6-19-12)