Contaminated soil may be treated and disposed of within the city pursuant to the following procedure.
(A) Application. Before any contaminated soil may be stored, treated and/or disposed of in the city, the entity seeking to treat or dispose of the contaminated soil, or its agent, shall complete and submit an application for a permit to store, treat and/or dispose of the soil. Application shall be made on a form approved by the city.
(B) Fee. At the time of application for a permit to treat and dispose of contaminated soil, the applicant shall pay a nonrefundable fee equal to $1 per cubic yard of contaminated soil sought to be treated and/or disposed of to the maximum of $300. In the event that the city determines that it will be necessary for the city to retain an outside consultant to provide technical review and monitoring, the applicant for the permit shall, as a condition to receiving the permit, agree in writing to pay the city’s cost of the outside consultant.
(C) Bond. Any applicant who applies for a permit must contemporaneously supply to the city a bond payable to the city in the event of a default by the applicant in any stage of the process of treating and/or disposing of contaminated soil. The bond shall be in an amount equal or greater to 125% of the total estimated cost of the treatment and/or disposal.
(D) Review. The city shall review the application in conjunction with the MPCA’s review of the proposed contaminated soil treatment and/or disposal. The review shall include examination, investigation, and comments from such individuals as is deemed necessary and/or helpful by the city.
(E) Notice. Notice of any City Council hearing at which the permit will be considered will be given, in writing, to owners of record of all properties within 350 feet of the property proposed for the treatment and/or disposal of the contaminated soil. Published notice shall also be made in the city’s legal newspaper. All notices shall precede the hearing by at least 2 weeks.
(F) Hearing. The City Council will hold a hearing on each application for a permit to treat and/or dispose of contaminated soil. In determining whether or not a permit shall be issued, the City Council may prohibit such treatment and/or disposal within the city if it determines that the health, safety, and welfare of the residents of the community will be jeopardized by such treatment and/or disposal within the city. Any denial of a permit application shall be accompanied by specific written findings concerning the basis of the denial. In approving a permit application, the City Council shall also include on the permit all reasonable conditions as are necessary to safeguard the health, safety, and welfare of the residents of the community.
(G) Certification. No permit shall be considered by the city for the treatment and/or disposal of any contaminated soil until the applicant supplies to the city a certification from a qualified testing organization attesting to the contents of the contaminated soil sought to be treated and/or disposed of. The test shall be the broadest test possible and shall test for all volatile organic chemicals, heavy metals, and other commonly recognized hazardous materials. All costs associated with the testing shall be borne by the applicant.
(H) Well testing. No permit shall be considered by the city for the treatment and/or disposal of any contaminated soil until the applicant supplies to the city a certification from a qualified testing organization attesting to the quality of water in wells in the vicinity of the property proposed. The specific wells to be tested shall be chosen by the city. The tests shall test for such items and materials deemed necessary by the city. All city decisions pursuant to this section shall be based upon the facts and circumstances of each individual application. The city shall be guided in its decisions by the City Engineer, County Health Department, and such other individuals or entities as the city deems helpful. All costs associated with the testing shall be borne by the applicant.
(Ord. 85 (town), passed 9-23-1991)