(A) Security required. Before the Board issues a license for a refuse collection and disposal site to any person, the applicant for the license shall:
(1) File with the Board a bond on the form that the Board provides; or
(2) Deposit with the Board cash, negotiable bonds of the federal government or this state or any other security that the Board approves.
(B) Obligation of security.
(1) The obligation of a bond filed under this section shall be so conditioned as to be void on the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
(2) The Board shall hold the security in trust to assure the closing of the refuse collection and disposal site in a manner that prevents erosion, health and safety hazards, nuisances and pollution.
(C) Bond payable to Board. A bond filed under this section shall be payable to the Board.
(D) Amount of security.
(1) A bond filed under this section shall be in the amount of $5,000 for each acre of land to which the license applies, but not less than $25,000.
(2) Cash deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
(3) The market value of other security deposited under this section shall be not less than the amount specified in division (D)(1) of this section.
(E) Execution of bond. Both the applicant for a license and a corporate surety licensed to do business in this state shall execute any bond filed under this section.
(F) Duration of liability.
(1) Except as provided in division (F)(2) of this section, the term of any bond filed under this section and the time during which cash or other security must remain on deposit under this section is:
(a) The duration of the operation of the refuse collection and disposal site; and
(b) An additional 5 years after the closing of the refuse collection and disposal site.
(2) If the Board has assurances that the refuse collection and disposal site has been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution, the Board may release the security filed or deposited under this section before the end of the 5-year period specified in division (F)(1) of this section.
(G) Conditions under which security is forfeited; use of bond proceeds or other security.
(1) The obligation of the licensee for a refuse collection and disposal site and of any corporate surety under the bond shall become due and payable and any cash, securities or bond proceeds shall be applied to payment of costs of properly closing a refuse collection and disposal site only if the Board:
(a) Notifies the licensee and any corporate surety on the bond that the refuse collection and disposal site has not been closed in a manner that prevents erosion, health and safety hazards, nuisances and pollution;
(b) Specifies in the notice the deficiencies in the closing that must be corrected;
(c) Gives the licensee and the corporate surety a reasonable opportunity to correct the deficiencies and to close the refuse collection and disposal site in accordance with the Board;
(d) Authorizes the Board to close the refuse collection and disposal site in accordance with the Board regulations.
(2) The Board shall use bond proceeds, cash or the proceeds of other security to pay the cost of properly closing the refuse collection and disposal site.
(1986 Code, § 260-24) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)