5-2-7: DISPOSAL BY SANITARY LANDFILL:
A sanitary landfill shall comply with the following provisions:
   A.   Sanitary Landfill Permit And License:
      1.   Agency Permit Required: No person shall establish, operate or maintain a sanitary landfill without first obtaining a permit from the Agency and a license from the County Board.
      2.   County License; Plans: Where the location of the proposed operation is consistent with the County Solid Waste Management Plan, the County Board shall issue a license for the operation of a sanitary landfill upon its approval of the construction plans and specifications describing the sanitary landfill proposed to be constructed. A minimum of three (3) sets of said plans and specifications shall be prepared by a registered professional engineer of Minnesota and said plans shall be folded to eight and one-half inch by eleven inch (81/2" x 11") size.
      3.   Application; Required Information: The application shall include the following information:
         a.   Current Map; Aerial Photograph: A current map or aerial photograph of the area showing land use and zoning within one- fourth (1/4) mile of the operation. The map or aerial photograph shall be of sufficient scale to show all homes, buildings, lakes, ponds, watercourses, wetlands, dry runs, rock outcroppings, roads, and other applicable details and shall indicate the general topography with contours and drainage patterns. Wells shall be identified on the maps or aerial photograph, USGS data shall be indicated, and a north arrow drawn. A location insert map shall be included.
         b.   Plot Plan: A plot plan including legal description of the site and immediate adjacent area showing dimensions, location of soil borings and present and planned pertinent features, including, but not limited to, roads, fencing, and cover stockpiles. The plan of development, including any excavation, trenching and fill areas shall be shown progressively with time. Cross sections shall be included on the plot plan or on separate sheets showing progressively with time the original and proposed elevation of excavation, trenching and fill areas. The scale of the plot plan shall not be greater than three hundred feet per inch (1" = 300').
         c.   Ultimate Land Use Plan: An ultimate land use plan, including intermediate stages, describing all proposed future uses of the land upon which the operation is located. The scale of the ultimate land use plan shall not be greater than two hundred feet per inch (1" = 200').
         d.   Report: A report indicating:
            (1)   Service Area: Population and areas expected to be served by the proposed operation.
            (2)   Material To Be Disposed: Anticipated type, quantity and source of material to be disposed of at the operation.
            (3)   Geological Formation; Ground Water Elevations: Geological formations and ground water elevations to a depth of at least ten feet (10') below proposed excavation and lowest elevation of the operation, including the high water table. Such data shall be obtained by soil borings or other means approved by the Solid Waste Officer.
            (4)   Cover Material: Source and characteristics of cover material and method of protecting cover material for winter operation.
            (5)   Equipment: The type and amount of equipment to be provided at the operation for excavating, earth moving, spreading, compacting and other needs.
            (6)   Area: Area of operation in acres.
            (7)   Owner: Owner of operation.
            (8)   Operation And Maintenance: Persons responsible for actual operation and maintenance of operation and intended operating procedures.
            (9)   Training: Provision for training and periodic retraining of operation and maintenance personnel.
            (10)   Agency Regulation SW6: Information relating to items in sections 1, 2, and 4 of Agency Regulation SW6.
            (11)   Termination: Provisions for termination of operation.
         e.   Toxic, Hazardous Waste Disposal: Evidence that disposal of toxic and hazardous wastes will be conducted in a manner which will prevent the creation of land or water pollution and will safeguard the public health, including complete construction plans and specifications, design data and proposed operating procedures for the area in which disposal of the toxic and hazardous wastes shall take place.
         f.   Notice To Local Government: Written proof that the applicable local government has been given at least thirty (30) days' written notification of the pendency of the application for a license.
         g.   Zoning Certificate: A certificate from the County Zoning Administrator that the use proposed is in accordance with Title 8 of this Code.
   B.   Prohibited Locations: The fill and trench areas of sanitary landfill operations are prohibited within the following areas:
      1.   Shoreland: Within shoreland.
      2.   Within Required Setbacks; Screening: Within one thousand feet (1,000'), at the time of commencement of the operation, of the nearest edge of the right of way of any State, Federal or interstate highway or the boundary of a public park or of an occupied dwelling. Notwithstanding said distance requirements, an operation shall be considered to comply with this provision if it is screened by natural objects, plantings, fences or other appropriate means so that it is not readily visible from such a highway or park.
      3.   Location Near Municipal Water Sources: Within one mile of a municipal well or one mile of a municipal water intake.
   C.   Requirements: A sanitary landfill operation shall be constructed, operated and maintained in accordance with the following requirements:
      1.   Sanitary Facilities: Sanitary facilities adequate for employees shall be available at the site.
      2.   Shelter Facilities: Shelter facilities adequate for employees and maintenance and storage for equipment shall be available at the site.
      3.   Litter Control: Litter control devices shall be provided at the site.
      4.   Electrical Service: Electrical service adequate for operations and repairs shall be provided at the site.
      5.   Firefighting Facilities: Firefighting facilities adequate to ensure the safety of employees and adjacent property owners shall be provided.
      6.   Emergency First Aid Equipment: Emergency first aid equipment adequate to provide treatment for persons injured in accidents while at the site shall by provided at the site.
      7.   Water Supply: A potable water supply adequate for employees shall be provided at the site.
      8.   Communication Facilities: Communication facilities adequate for emergency purposes shall be provided at the site.
      9.   Fence; Gate: The operation shall be fenced and a gate shall be provided at its entrance which is kept locked when an attendant is not on duty.
      10.   All-Weather Haul Road: An all-weather haul road to the unloading area shall be provided at the site.
      11.   Equipment: Equipment sufficient for spreading, compacting and covering operations, including sufficient reserve equipment or arrangements to immediately provide cover during periods of breakdown, shall be provided at the site.
      12.   Sign: A sign shall be provided at each entrance of the operation, stating the name of the licensee, the schedule of days and hours upon which the operation is open to the public, the procedures for use of the operation, the Agency permit number, and the penalty for violation of this Chapter.
      13.   Ground Water, Surface Water Monitoring System: A ground water and surface water monitoring system acceptable to the Solid Waste Officer and the Agency shall be provided at the expense of the licensee and a report submitted to the Solid Waste office and the Agency on a form prescribed by the Agency on a quarterly basis or such more frequent basis as the Agency may prescribe.
      14.   Visual Screening: Visual screening of the sanitary landfill operation, as approved by the Solid Waste Officer, shall be provided by use of natural objects, trees, plants, seeded soil berms, fences, or other suitable means.
      15.   Individual Disposal Area: A suitable disposal area shall be provided for individuals who wish to transport and dispose of their own solid waste.
      16.   Open Burning Prohibited: No person shall cause, suffer, allow or permit the open burning of solid waste.
      17.   Water Pollution Prevention Of Ground Or Surface Waters: Solid waste shall be deposited in such a manner as to prevent the pollution of ground or surface waters.
      18.   Wind-Blown Materials: Dumpings of solid waste shall be confined to as small an area as practicable and surrounded with appropriate facilities to confine possible wind-blown material within the area. At the conclusion of each day of operation, all wind-blown material resulting from the operation shall be collected and returned to the area by the owner or operator.
      19.   Compaction; Covering: Solid waste shall be compacted as densely as practicable and covered after each day of operation, or as specified by the Agency, with a compacted layer of at least six inches (6") of suitable cover.
      20.   Surface Water Drainage: Surface water drainage shall be diverted around the landfill operating area.
      21.   Adjacent Property: The disposal operation and the adjacent property line shall be separated by a distance of at least twenty feet (20').
      22.   Control Of Insects, Rodents: Flies, rodents, and other insects or vermin shall be effectively controlled.
      23.   Salvaging Prohibited: Salvaging is prohibited on the operating area of a sanitary landfill site. Where salvaging is conducted on a sanitary landfill site, it shall be conducted in a manner acceptable to the Solid Waste Officer.
      24.   Attendant: An attendant shall be on duty at all times while the sanitary landfill is open for public use.
   D.   Termination Of Operation:
      1.   Covering; Grading: Within one month after final termination of a sanitary landfill operation, or a major part thereof, the area upon which disposal was so terminated shall be covered with at least two feet (2') of compacted earth material and adequately graded to allow surface runoff.
      2.   Finished Surface: The finished surface of the filled area shall be covered with adequate top soil and seeded with native grasses or other suitable vegetation immediately upon completion, or immediately in the spring on areas terminated during winter conditions. If necessary, seeded slopes shall be covered with straw or similar material to prevent erosion.
      3.   Agency And County Investigation: Prior to completion of a sanitary landfill operation, the Agency and the Solid Waste Officer shall be notified in order that an investigation of the operation may be conducted by each before earth moving equipment is removed from the property.
   E.   Toxic, Hazardous Waste; Procedure For Disposal: Toxic and hazardous wastes shall be disposed of in a sanitary landfill site in accordance with the following procedures or as otherwise designated by the Agency:
      1.   Separate Area; Sign: A separate area shall be designated for the disposal of these materials. A permanent sign shall be posted in the area, indicating its designated use and precautions which shall be taken during disposal.
      2.   Location: Disposal shall take place at least ten feet (10') above the ground water level and at least ten feet (10') above bedrock formations. The toxic and hazardous waste disposal areas to be used shall be sealed in a manner acceptable to the Solid Waste Officer prior to disposal.
      3.   Identification Of Waste: No toxic and hazardous waste materials shall be accepted for disposal or disposed of in a sanitary landfill having a license under this Chapter unless the material is identified to the satisfaction of the Solid Waste Officer.
      4.   Neutralization: Where considered possible by the Solid Waste Officer, toxic and hazardous waste materials shall be neutralized or otherwise made harmless prior to disposal.
      5.   Containers; Materials Washed From Vehicles: Upon disposal of toxic and hazardous wastes, containers and any materials washed from the vehicles transporting the materials shall be immediately covered with at least eighteen inches (18") of earth.
      6.   Additional Conditions: Where necessary to prevent land pollution, water pollution, a public nuisance or threat to public health, welfare or safety, the Solid Waste Officer may impose conditions for the disposal of toxic and hazardous wastes within a disposal facility in addition to those specifically established in this Chapter.
   F.   Brick, Sand, Stone: Nonputrescible materials such as brick, stone, sand and similar materials may be disposed of as a base in surface waters at sanitary landfill sites if such disposition can be accomplished without creating a potential for water pollution or land pollution or a threat to the public health, welfare or safety. Any such proposed disposition must be detailed in the permit application and approved by the Solid Waste Officer and the Agency.
   G.   Monthly Reports: Reports describing the types and quantities of waste, including, but not limited to, toxic or hazardous wastes, which are disposed of at this site shall be submitted to the Agency and to the Solid Waste Officer each month, together with other information on the operation of the sanitary landfill. (Ord. 5, 12-12-1972)
   H.   Termination Of Sanitary Landfill: A sanitary landfill shall be terminated so as to prevent the creation of air, water or land pollution, a public nuisance, or a threat to the public health, safety, or welfare. A sanitary landfill shall be construed to be inadequately terminated until a description of the general type and specific location of solid waste materials disposed of on the site, the number, type and depth of lifts, the original and final surface elevation profiles and other pertinent information have been approved by the Solid Waste Officer and registered with the County Recorder's office, and until the manner of termination of the site has been approved by the Solid Waste Officer. The notice so filed shall also include a description of the type and location of toxic and hazardous waste materials disposed of on the site, the number of gallons of each kind of such material so disposed, original and final surface elevations and profiles, construction details concerning the disposal pit, pit lining and pit walls, and other pertinent information, as approved by the Solid Waste Officer. (Ord. 5, 12-12-1972; amd. 2000 Code)