(a) Any person wishing to own or operate a clean fill landfill or a clean hard fill landfill within the Village, shall, prior to commencing or continuing any such operation, file with the Village Engineer a written application for permit to carry on such operations.
(b) Such application shall contain the following information, and such other information the Village Engineer deems relevant:
(1) The name and address of the applicant, the name and address of the owner of the land, if different from those of the applicant, and the name and address of the person responsible for overseeing the daily operations of the landfill.
(2) The application shall include the nature of the clean fill or clean hard fill materials and their source, the method of operation to be employed, the time within which such work is to be commenced and duration of the project until completion, the existing and proposed topography of the land, the amount of material in cubic yards requested to be used as fill, and its ultimate proposed use, the type and nature of refilling, reseeding or replanting proposed and the name and address of any person who is proposing to do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, a statement to that effect must be made in the application. If such agreement, contract, lease or other arrangement is in effect, third party will be responsible to secure a Co-permit holder Notice of Intent (NOI) in accordance with the Ohio EPA General Construction Permit.
(3) A boundary survey of the entire parcel(s) to be permitted, showing the property lines, locations and dimension lines. The survey shall identify property corners with iron pins found out set along with distances and bearings around the entire parcel, and shall include utilities and utility easement locations. The map of survey shall tie the property outlined in the application to centerline monumentation and right-of-way lines on the roads abutting the property along with elevations on all lot lines and streets. The survey shall identify the Permanent Parcel Number(s), ownership, deed reference, and address associated with the land along with the abutters. The survey shall be prepared by a registered surveyor in the State of Ohio.
(4) A grading and utility plan of the parcel, together with a map of survey elevations of all lot lines and streets. If land is to be filled, such drawing shall show the area to be filled with contour elevations for the proposed filled-in area, along with contour elevations of the existing and proposed topography before and after the filling at the time of application and as detailed on the map of survey, and the slope of the fill on all sides. The grading plan shall depict both the proposed and existing elevations with a contour interval of not less than two-foot increments and shall incorporate the provisions listed below. The grading plan shall be prepared by a registered engineer in the State of Ohio.
A. Drainage shall be maintained along the existing property lines. Storm water runoff shall not be re-directed onto neighboring properties. No fill shall be placed where it will impact the existing stream or drainage from upstream properties.
B. Any alteration of topography shall match the grade elevations of the adjacent properties at the property lines. No fill shall be placed on neighboring property without written permission from the property owner and concurrence from the Village Engineer.
(5) A Storm Water Pollution Prevention Plan (SWPPP) in accordance with the Ohio EPA's NPDES General Construction Permit, which shall address how increased storm water runoff and decreased storm water quality that will be caused by the alteration of topography will be addressed. The plan shall include the location and design calculations for all permanent storm water conveyance, detention and/or retention structures and other storm water controls. The SWPPP shall include all of the items identified in the Ohio EPA's General Construction Permit along with, but not limited to, a detailed description of major construction activities, project phasing, project sequencing, installation of SWPPP minimum control measures, clearing and grubbing, topsoil stripped and stockpiled, method of construction of the embankment, placing of stockpiled topsoil, and type of temporary stabilization throughout the duration of construction along with permanent stabilization site. The plan and implementation shall meet the standards of the current edition of the Ohio Department of Natural Resources, Rainwater and Land Development Manual, Ohio's Standards for Storm Water Management, Land Development, and Urban Stream Protection, latest edition.
A. The areas of such premises which will be exposed at any one time;
B. The type of temporary stabilization including vegetation and/or mulching which will be used to protect the exposed areas of such premises during the construction of any type of improvements thereon, the changes being made in the contours thereof or in the removal or destruction of topsoil, trees and other vegetation located thereon;
C. The location, construction and maintenance schedule of sediment basins (debris basins or silt traps) or other controlled measures on such premises;
D. The type of permanent and final vegetation and structures which will be planted and installed on such premises and the time within which such vegetation and structures are to be planted and installed; and
E. Section 404 of the Clean Water Act (33 U.S.C. 1344) requires a permit to place any fill within a wetland. A wetland delineation for the property shall be provided outlining all of the wetlands on the site and a permit obtained from the U.S. Army Corps of Engineers before any work is done in the wetland area. The SWPPP shall show the post-construction best management practices, including open vegetated swales, diversions, permanent grass planting schedules, tree and shrub planting schedules, stream bank protection practices, grade stabilization structures, and grass filter strips that would be installed during construction for the site and the plan should include the maintenance plans for the best management practices.
F. A Notice of Intent (NOI) for coverage under Ohio Environmental Protection Agency General Permit for construction activity should be submitted to the Ohio EPA. The Ohio EPA requires that an NOI must be submitted at lease 45 days prior to the start of any construction activity. Authorizing for storm water discharges associated with construction activity under the National Pollutant Discharge Elimination System (NPDES) should be approved by the Ohio EPA.
(6) The application shall include the method of operation to be employed, the time within which such work is to be commenced and duration of the project until completion, the existing and proposed topography of the land, the amount of material in cubic yards requested to be used as fill, and its ultimate proposed use, the type and nature of refilling, reseeding or replanting proposed and the name and address of any person who is proposing to do the actual work of grading, excavating, filling or removal. If any such agreement, contract, lease or other arrangement is in writing, a copy thereof must be attached to the application; if such is not in writing, a statement to that effect must be made in the application. If such agreement, contract, lease or other arrangement is in effect, third party will be responsible to secure a Co-permittee NOI in accordance with the Ohio EPA General Construction Permit.
(7) When deemed appropriate by the Village Engineer, any or all of the following may be required:
A. A slope stability analysis shall be prepared by a geotechnical engineer and submitted outlining the factor of safety for static and dynamic conditions, along with the process for filling the property, lifts, maximum grade of slopes, analyzing both the saturated and non-saturated conditions.
B. Geotechnical Report outlining the method of filling to be implemented by the applicant or their designee relative to the proposed permit. The Geotechnical Report shall include lift thickness, compaction requirements, testing frequency and report requirements demonstrating that the filling will support development of the property upon the completion of the project in accordance with a business plan adopted by the applicant.
(c) Applicant shall provide proof of commercial general liability (CGL) insurance and, if necessary, commercial umbrella insurance with a limit of not less than five million dollars ($5,000,000) for each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, or employment-related practices.
(d) The application shall also contain a statement that upon the granting of the application, the applicant and the owner of the landfill, and all operators thereof, will furnish a performance bond in favor of the Village in the sum of fifty thousand dollars ($50,000) to ensure compliance with the provisions of this Chapter 860 and all conditions or provisions of the permitted granted hereunder. The permit shall not be issued until satisfactory proof of such bond is provided to the Village.
(e) The applicant shall pay a flat rate application fee of two thousand five hundred dollars ($2,500) plus six hundred dollars ($600.00) per acre to the Village. In the event that the Village's cost to review the application, including the costs for Engineer review, exceeds the flat rate application fee, the Village Engineer will notify the applicant and the review process will be suspended and then until such time that the applicant puts on deposit with the Village an amount sufficient to cover the costs of the remaining application review, as determined by the Mayor. Any excess deposits remaining upon completion of the review process will be returned to the applicant or applied to the deposit required for construction inspection.
(f) Such complete application shall be forwarded by the Village Engineer to the Mayor, together with a written report by the Village Engineer with a statement as to whether the applicant's application complies with the requirements of this chapter or whether there are deficiencies. If the application is compliant with this chapter, the Mayor shall issue preliminary approval for the permit.
(g) Upon receipt of preliminary approval, the applicant, as a prerequisite to receiving the permit, shall deposit with the Village Clerk the amount of one thousand dollars ($1,000), or a greater amount as determined necessary by the Mayor. The deposit shall be used for any expenses incurred in connection with Village Engineer's and/or Village Building Inspector's continued supervision or inspection of the operations. Statements for such expenses shall be submitted to the permit holder by the Village, and then the expenses shall be credited against the deposit. In case such expenditures exceed the deposit, the applicant within 15 days to pay the Village the amount exceeding the deposit and shall replenish the deposit to its full amount. Failure to pay such statements or replenish the deposit shall constitute grounds for the revocation of the permit.
(h) Permits issued pursuant to this chapter shall be valid for a period of two years from the date of issuance.
(i) Significant economic development projects. Notwithstanding the provisions set forth above, if the landfill operation is a critical part of a significant economic development project in the Village, as determined by the Planning and Zoning Commission, all or any portion of the fees, deposits, or bond requirements set forth above in this Section 860.04, or those required for renewal as set forth in Section 860.05, may be varied or waived, as the Planning and Zoning Commission may determine. Any person desiring such waiver or variation of the aforesaid requirements shall file a request with the Planning and Zoning Commission at the time the initial permit or renewal permit application is filed.
(Ord. 2014-55. Passed 4-9-14.)