1196.22 SANITARY LANDFILLS.
(a) Sanitary landfills or any other type of garbage disposal operation shall not be permitted in any district except by specific approval by Council by ordinance.
(b) Such approval may be granted by Council only under the following terms and conditions:
(1) The location of the sanitary landfill or other garbage or refuse disposal site meets all the requirements of the State, County and City health and zoning regulations.
(2) The condition of the soil of the sanitary landfill site or other garbage or refuse disposal site shall not cause or tend to cause pollution of the underground water supply or any stream, either within or outside the City.
(3) There is in existence an adequate system of highways and streets to permit the orderly flow of traffic to and from the site without interfering with other motor vehicles and pedestrians otherwise in use of the highways and streets.
(4) Approval of the site shall not prevent owners and occupiers of surrounding lands from enjoying the peaceful and healthful use of their properties free from noise, noxious odors, insects and excessive motor vehicular traffic.
(5) The Director of Public Works or his designate within the Department of Public Works has certified that from the comparison of the intended sanitary landfill use with the comprehensive zoning regulations in effect as to all other City real property that the use is proper and conforms to, and is compatible with the City Master Plan as adopted or as in the process of being adopted.
(6) The Fire Chief has certified that adequate fire protection, water supply and access is available to the Fire Department to properly service and protect the site and that the site does not create a fire hazard to adjacent or surrounding property.
(c) The City Manager shall, upon finding by the Commissioner of the County Health Department that a condition hazardous to the public health is being maintained on any landfill or other garbage or refuse disposal site, or upon finding by the Director of Public Works that a nuisance is being maintained on any landfill or other garbage or refuse disposal site, take immediate steps to terminate such health hazard or nuisance, and may take any measures necessary to accomplish this including temporary operation by the City of the sanitary landfill or other garbage or refuse disposal site.
(d) Any person, partnership, corporation or other business entity shall prior to a permit being issued by Council file in the office of the City Manager a bond in the sum of two hundred fifty dollars ($250.00) per acre of territory comprising any such landfill or other garbage or refuse disposal site. The bond shall be either in cash or be secured by a surety company acceptable to the City Manager and shall be conditioned as follows:
(1) The sanitary landfill or other garbage or refuse disposal plan shall be operated in full compliance with all State and local laws and regulations.
(2) In the event of emergency causing the sanitary landfill site or other garbage or refuse disposal plan to become a nuisance to or hazardous to the health of residents of the City, thus causing the City under authority of law or contract to assume the temporary operation of the facility, so much of the bond as is necessary to pay the expense of operation of the facility shall be forfeited and paid to the City.
(3) In the event of the final conviction of the person, partner, agent, employee or officer of any business entity operating a sanitary landfill or other garbage or refuse disposal operation on a criminal charge relating to such operation, so much of the bond as is necessary to satisfy any fine or court costs arising from the conviction shall be forfeited.
(e) Council may attach such conditions and restrictions upon the granting of any permit for the operation of a sanitary landfill or other garbage and refuse disposal site as may be necessary so as to protect the health and welfare of the residents of the City and so as to prevent the operation thereof from being or becoming a nuisance.
(f) Council may revoke any permit for the operation of a sanitary landfill or other garbage or refuse disposal site for the violation of any of the terms and conditions of this chapter. (Ord. 94-84. Passed 7-9-84.)