§ 155.179 COMPLETED LANDFILL.
   (A)   Inspection. An inspection of the entire site shall be made by the commonwealth’s Natural Resources and Environmental Protection Cabinet, Division of Waste Management, to determine compliance with the approved plans and specifications before earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. The compliance notification from the commonwealth’s Natural Resources and Environmental Protection Cabinet shall be submitted to the county’s Planning and Zoning Office.
   (B)   Subsequent maintenance. Arrangements shall be made and appropriate bond or irrevocable letter of credit posted to assure the repair of all cracks, and eroded or uneven areas in the final cover following completion of the fill, the closure of the landfill and the maintenance of the landfill after closure in accordance with the requirements and regulations of the commonwealth. Care must be taken to maintain good drainage and the surface contours as designed in the approved plans. Additional fill and cover material shall be used as necessary. The land shall be graded, backfilled and finished to a surface, which will:
      (1)   Result in a level, sloping or gently rolling topography in substantial conformity or desirable relationship to the original site and land area immediately surrounding;
      (2)   Minimize erosion due to storm water runoff. Such graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of vegetation producing land areas immediately surrounding and to a depth of at least six inches; and
      (3)   Trees, shrubs, legumes or grasses shall be planted as approved on the site development and operational plans.
   (C)   Decomposition, settlement and underground fires.
      (1)   Decomposition, settlement and underground fires are problems, which can occur after completion of the landfill operation. Precautions must be taken to prevent gases produced during decomposition from concentrating in sewers or other structures. The designer of structures to be placed on the site must provide the means to allow the gas to dissipate to the atmosphere and not into the structure.
      (2)   Concentrated foundation loading must be avoided to prevent foundation cracking in structures placed on the completed fill area. However, special engineering design such as use of pilings may be included in the plans for subsequent structures.
      (3)   Provisions for extinguishing underground fire must be made and the possibility of such an occurrence considered in the design of structures placed on the site.
   (D)   Subsequent land use.
      (1)   The subsequent land use of the completed landfill site may be determined at the time of initial approval of the landfill. However, in cases where the location of the site, duration of its operation or transitory nature of surrounding uses make a decision concerning subsequent use premature, this decision may be made at the time of completion of the landfill operation.
      (2)   In all cases, the future uses determination shall be based on consideration of the following factors:
         (a)   The relationship of the proposed use to the adopted Comprehensive Plan and other adopted community plans;
         (b)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
         (c)   The susceptibility of the proposed use to damage resulting from settlement and other hazards inherent in the area filled;
         (d)   The community need for the proposed use; and
         (e)   The availability of alternative locations for uses proposed.
(Ord. 8, passed 10-23-1987, § 4.615; Ord. 3-2002, passed 5-3-2002)