A. Definitions: For purposes of this section, the following terms shall have the meanings as set forth below:
COVER MATERIAL: Is characterized by low permeability, uniform texture, cohesiveness and compactibility and is free of putrescible materials. Suitable cover materials include, but are not limited to, sandy loam, loam, silty loam, sandy clay, silty clay loam, clay loam, sandy clay and loamy sand.
DEMOLITION DEBRIS: Solid waste resulting from the demolition of buildings, roads, and other manmade structures including concrete, brick, bituminous concrete, untreated wood, masonry, glass, trees, rock, and plastic building parts. Demolition debris does not include asbestos waste. (1974 Code § 420.19; amd. 2008 Code)
B. Prohibited; Exceptions: Demolition debris shall not be used as fill material; provided, however, that concrete bricks, stone facing, blacktop and concrete blocks may be used as fill material under the following conditions:
1. Such materials contain no metal or metal substances; provided, however, that reinforcing steel bar no more than eighteen inches (18") in length and completely enveloped in concrete is acceptable.
2. Such materials are used as fill only in the parking or driveway areas of the property or in the setback areas of the property as those areas are defined by the city zoning regulations.
3. The depositor obtains any necessary permits from the county.
4. The materials are used to cover a surface area of one acre or less.
5. If such materials are used in the setback areas, then such materials shall be covered by at least two feet (2') of cover materials within two (2) months after deposit.
6. If such materials are used in the parking or driveway areas, then, within two (2) months after deposit, such materials shall be covered by at least two feet (2') of cover materials, or such materials shall first be crushed to appropriate aggregate base size and then, within two (2) months after deposit, covered by at least six inches (6") of class 5 base course or bituminous surface pavement or concrete surface pavement, or a combination thereof.
7. The depositor obtains an approval or filling permit from the director of public works or the city council, as the case may be, and complies with all the conditions imposed thereon.
8. The depositor shall provide evidence that the demolition debris to be utilized does not pose an environmental hazard and does not include hazardous materials or contaminated soils.
9. The use of concrete bricks, stone facing, blacktop and concrete block as specified herein does not constitute a final disposal facility for "demolition debris" as defined in subsection A of this section. A final disposal facility for demolition debris (i.e., demolition landfill) is only permitted as a conditional use permit, as approved by the city council, within the general industrial (I-2) zoning district as specified in section 10-6-2 of this code.
C. Violations; Removal Of Debris: Any person who uses demolition debris as fill material without first obtaining the approval of the director of public works or a permit from the council, as the case may be, and any person who fails to comply with the conditions imposed by this chapter or the conditions imposed by the director or the council shall be guilty of violating this chapter and shall be guilty of a misdemeanor. Each day that a violation exists shall constitute a separate offense. When such a violation occurs, in addition to any other remedies and means of enforcement afforded to the city, the director of public works, or other designee, may order the demolition debris removed from the site. Within ten (10) days after such an order, the depositor shall remove the demolition debris and provide satisfactory evidence that the same has been deposited at an approved site. (1974 Code § 420.19)