§ 157.136  SANITARY LANDFILL AND SOLID WASTE DISPOSAL VARIANCE.
   (A)   A variance or special exception to place or develop a sanitary landfill or solid waste disposal facility may not be granted without the petitioner first providing to the BZA written approval from the county Solid Waste District Board as to the need for the sanitary landfill or solid waste disposal facility, and will meet the district’s criteria.  The petition must still meet the variance and special exception requirements of this chapter.
   (B)   In the event the BZA should grant any variance or special exception for a facility or landfill, that variance or special exception shall be contingent upon the petitioner receiving all necessary state and federal permits for use of and operation of the landfill or facility and the same being filed with the Building Commissioner prior to beginning any construction or other activity.
   (C)   (1)   Any variance or special exception granted concerning a landfill or solid waste disposal facility will be contingent upon the good and sound operation of the landfill or facility. 
      (2)   In the event of a repeated violation of any state or federal agency regulation or law concerning the facility or landfill, the petitioner, after due notice and hearing by the BZA, may be subject to the termination of the variance or special exception.
   (D)   In the event any action is taken to rescind a variance or special exception granted under this subchapter, notice and action shall be based upon the normal due process requirements, as contained in §§ 150.60 through 150.71, regarding the application for a variance or special exception.
   (E)   A new petitioner must also include a site plan as provided by §§ 157.115 through 157.118 of this code.
(`88 Code, § 8-20)  (Ord. 98-20, passed 11-10-98)