(a) For purposes of this section, a sanitary landfill shall be defined as any solid waste disposal site or facility as licensed and operated pursuant to Ohio R.C. Chapter 3734, and the operation of a sanitary landfill shall be defined as the receiving of truckloads of any type of refuse as well as the unloading, bulldozing, mixing, scraping and compacting of refuse and cover material or any other usage of heavy equipment on the landfill premises.
(Ord. 1995-2-11. Passed 2-1-95.)
(b) Any sanitary landfill operating within the Municipal limits of the Village shall be permitted to operate only between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, only between the hours of 7:00 a.m. to 2:30 p.m. on Saturdays and no operation of any such landfill shall be permitted at any time on Sundays or legal holidays.
(Ord. 1995-2-11. Passed 2-1-95.)
(c) In order to insure that the limitations on hours of operation do not cause or aggrevate a health hazard which may arise in another community in the greater Cleveland area, the following exemptions may be granted. The owner-operator or agent of any sanitary landfill may at any time apply to the Mayor for an emergency exemption from the time limitation imposed by subsection (b) hereof, but no single exemption granted by the Mayor shall exceed four hours in any given twenty-four hour period. Upon the operators of a sanitary landfill requesting an exemption, the Mayor shall determine if an emergency health hazard exists such that the sanitary landfills shall be permitted to operate beyond the time limitations set forth in subsection (b). The Mayor shall consider all facts regarding any request, including, but not limited to, disasters or terminations of work stoppages at any place in an adjacent municipality such that it is necessary to dispose of unusually large quantities of solid waste in a short period of time in order to avoid or cure a health hazard. The Mayor may impose such limitations and conditions on the emergency exemption as he may deem proper.
(d) Council may allow an emergency exemption as specified in subsection (c) hereof, and upon the same terms and conditions, for a period of up to forty-eight hours for any single exemption.
(e) The owner or operator of any sanitary landfill who violates this section on a first offense is guilty of a minor misdemeanor, the penalty for which is set forth in Section 501.99; and for each subsequent offense such owner or operator is guilty of a misdemeanor of the fourth degree, the penalty for which is set forth in Section 501.99.
(Ord. 1976-4-18. Passed 4-7-76.)