A. License Required; Exception:
1. Required: No person shall cause, permit, or allow his/her land or property under his/her control to be used for solid waste management purposes, except at an operation for which a license has been granted by the County Board, unless otherwise provided by this Chapter.
2. Exception: A license shall not be required under this Chapter for any site used for the disposal of solid waste from only a single family or household, a member of which is the owner, occupant or lessee of the property, but such site shall be operated and maintained in a nuisance-free and aesthetic manner consistent with the intent of this Chapter.
3. Additional Methods: Any operation to be used for any method of solid waste management not otherwise provided for in this Chapter must be licensed by the County Board before operation may commence.
B. Application; Zoning Permit:
1. Required Information: The license application shall include sets of complete plans, specifications, design date, ultimate land use plan, if applicable, and proposed operating procedures prepared by a registered professional engineer of Minnesota.
2. Zoning Permit: Where applicable, the applicant shall procure and accompany the application with a proper zoning permit if required by the Title 8 of this Code.
C. Review By Solid Waste Officer:
1. Recommendation Of Solid Waste Officer: After receiving an application for an operation, the County Board shall refer such application to the County Solid Waste Officer who shall give his/her recommendation to the County Board concerning whether it should issue or deny the license.
2. Denial Of Application: If an applicant is denied a license, he/she shall be notified in writing of the reasons therefor by the County Board. A denial shall be without prejudice to the applicant's right to an appearance before the County Board or to his/her right to file a further application after revisions are made to satisfy objections specified as reasons for the dismissal.
D. Compliance Required: The County Board shall refuse to issue a license for any operation which does not comply with this Chapter, Agency regulations and the County's Solid Waste Management Plan.
E. Bond:
1. Required; Amount: Unless otherwise provided by the County Board, issuance of any license pursuant to the provisions of this Chapter shall be contingent upon the applicant furnishing to the County a bond in an amount to be set by the County Board and naming the County as obligee with sufficient sureties duly licensed and authorized to transact business in the State as sureties.
2. Condition Of Bond: The condition of such bond shall be that, if the principal fails to comply with any of the requirements, or fails to perform any of the acts required of an operation, or ceases to operate or abandons the operation, and the County is required to expend any monies or expend any labor or material to restore the operation to a condition in compliance with this Chapter, the obligor and the sureties on its bond shall reimburse the County for any and all expenses incurred to remedy failure to the principal to comply with the terms of this Chapter, and the obligor and its sureties will indemnify and save the County harmless from all losses, costs and charges that may occur to the County because of any default of the obligor under the terms of his/her license to operate in compliance to the terms of the ordinances of the County. (Ord. 5, 12-12-1972)
F. Insurance: In addition to the bond to be furnished, the licensee shall furnish to the County certificates of insurance issued by insurers duly licensed within the State covering public liability insurance, including general liability, automobile liability, loading and unloading, complete operations liability, bodily injury liability in an amount of at least three hundred thousand dollars ($300,000.00) for any one occurrence and at least seven hundred fifty thousand dollars ($750,000.00) for all injuries arising from one occurrence for claims arising after January 1, 1998, and before January 1, 2000, and at least two million dollars ($2,000,000.00) for any number of claims arising on or after January 1, 2000. This applies to both personal injury and property damage. Also, twice the limits are allowed when claim arises out of threatened release or release of hazardous substances 1 . (Ord. 5, 12-12-1972; amd. 2000 Code)
G. Inspection; Evaluation:
1. Routine Inspection, Evaluation: Routine inspection and evaluation of an operation shall be made by the Solid Waste Officer at such frequency as to ensure consistent compliance by the operation with the provisions of this Chapter.
2. Inspection Report: The licensee shall be provided with a written inspection report containing a precise description of any deficiencies, recommendations for the correction and the date when the corrections shall be accomplished.
3. Access To Premises: The licensee shall be required to allow free access to authorized representatives of the County, the County Board, the Agency, or to the authorized representatives of any other governmental agency at any time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this Chapter, or any other applicable statute, ordinance, or regulation.
H. Suspension; Revocation:
1. Suspension:
a. Power To Suspend: Any license granted by the County Board under the provisions of this Chapter may be suspended at any time for noncompliance with the provisions of this Chapter or applicable State laws and regulations, or upon written notification by the Solid Waste Officer or by an authorized representative of the Agency, that the continued use of the operation may endanger the health, welfare or safety of the public or may cause pollution or impairment of the environment.
b. Notice Of Suspension: The notice of suspension may be served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof. A copy thereof shall be provided to the County Board.
2. Revocation:
a. Public Hearing: A license may be revoked only after the County Board has held a public hearing at which the licensee and other persons wishing to be heard concerning use of the operation shall have the right to be heard.
b. Date Of Hearing; Notice: The date of the hearing for license revocation shall be set by the County Board and shall not be held earlier than ten (10) calendar days after notice of said hearing was mailed to the licensee.
c. Evidence: Evidence may be adduced in a manner consistent with the rules of evidence applied in civil cases.
d. Transcript Of Proceedings: A transcript thereof shall be made by tape recording or other suitable technique.
3. Board Action: If, pursuant to said hearing, the County Board shall determine that the operation has been conducted in violation of this Chapter, the Board may revoke the license or continue such suspension in effect until the operator has demonstrated that full compliance with this Chapter has been attained and that such compliance will be continued in the foreseeable future.
I. Greater Restrictions: Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter, or any other applicable law, ordinance, rule or regulation, the provision which establishes the higher standards for the promotion of the public health, safety and general welfare shall prevail. (Ord. 5, 12-12-1972)
Notes
| 1 | 1. M.S.A. § 466.04. |