§ 175.03  PETROLEUM CONTAMINATED SOIL FARMS.
   (A)   General provisions.
      (1)   The purpose of this section is to provide for the protection of the public health, general welfare and environment in the disposal of contaminated soils.
      (2)   This section is specifically subordinate to the statutes, rules and regulations of the state of Minnesota and the federal government as they relate to the subject matter herein and as they may be amended from time to time.  To the extent that this section may be less restrictive or stringent, it is superseded thereby.
      (3)   It is the intent of this section to regulate the land spreading of petroleum contaminated soil, designated hereafter as "soil farming", within the municipal boundaries of the City of Littlefork, Minnesota, in conformity with the statutes, rules and regulations of the state and federal government.
      (4)   The regulations herein shall apply to all areas lying within the corporate boundaries of the City of Littlefork, Minnesota.
      (5)   If any court of competent jurisdiction adjudges any provision of this section unconstitutional or invalid, said provision shall be severed, and the remainder of this section shall continue in full force and effect.
   (B)   Compliance with state and federal law.  Any person or entity who desires to engage in soil farming or any aspect thereof within the corporate boundaries of the City of Littlefork, Minnesota, must first obtain written approval from the Minnesota Pollution Control Agency and any other agencies of the State of Minnesota or the federal government having jurisdiction and governing authority over soil farms and related operations, prior to applying for the conditional use permit as addressed hereafter.
   (C)   Zoning and conditional use permit.
      (1)   Only zoning districts designated as AF-1 will be considered for soil farming.
      (2)   A person or entity (also referred to herein as "permittee") desiring to engage in soil farming, once having obtained approval from the agencies addressed in division (B) above, shall apply for a Conditional Use Permit under the city's zoning ordinance as the same may be amended from time to time.
      (3)   Soil farms and any related operations must meet all criteria as set forth in the statutes, rules, regulations and policies of the State of Minnesota and other designated agencies of the state or federal government.  All state or federal regulations as contemplated herein and as they may be amended from time to time shall be incorporated into this section by reference.
   (D)   Sites.
      (1)   Conditional use permits will be approved only for single application sites as defined by the statutes, rules, regulations and policies promulgated by the State of Minnesota and the federal government.
      (2)   Storage or stockpiling of contaminated soil shall be allowed only on a site previously approved as a soil farm herein. Petroleum contaminated soil may be stored or stockpiled for a maximum of one year prior to land spreading, and shall be stockpiled and stored only in accordance with state or federal law or policy.
   (E)   Inspection and testing.
      (1)   The city reserves the right to make inspections of all soil farms, transportation vehicles, storage sites and stockpiles of contaminated soils at any time, with or without notice to the landowner, the permittee, the responsible party or any other person or entity, and may enter upon private property for the purposes of so conducting such inspections and tests, without incurring any civil or criminal liability for trespass or otherwise.  Any conditional use permits granted hereunder shall expressly or implicitly be granted subject to the provisions of this subdivision.
      (2)   Any costs and expenses for any testing or inspections required or performed under the terms of this section shall be paid for by the permittee.
      (3)   The city reserves the right to require testing for hazardous soil contaminants other than petroleum contaminants. The city further reserves the right to inspect and observe all operations in connection with soil farms or stockpiles.  In the event any testing reveals the stockpiling or landspreading of contaminants other than those specifically approved by the conditional use permit, or in the event inspections or observations reveal that soil farms or stockpiles are not being operated in a manner contemplated by the conditional use permit or state or federal law, the city, through its designated agent, may, upon notifying the permittee, or its agent or an employee, temporarily suspend the conditional use permit and halt or enjoin all activities upon or in connection with the site and thereafter conduct a hearing as hereinafter set forth.
   (F)   Hearings.  A hearing shall be conducted upon the temporary suspension of a conditional use permit granted under this section within 14 days after the date of the temporary suspension.  The hearing shall be held before the City Council. If a majority of the City Council determines after the hearing that there is a violation of the conditional use permit, the city may do any or all of the following:
      (1)   Permanently revoke the conditional use permit;
      (2)   Commence legal actions for the recovery of the cost of cleanup of the contaminated site, against the responsible party, the landowner, the permittee or any other party deemed liable;
      (3)   Direct that the party deemed liable promptly rectify all violations;
      (4)   Institute criminal proceedings; or
      (5)   Engage in such legal actions as may be appropriate under the circumstances to protect the public health, general welfare and environment.
   (G)   Enforcement.
      (1)   This section shall be administered and enforced by the City Zoning Administrator's Office, who is hereby designated by the city as the enforcing officer and agent.
      (2)   In addition to the remedies as addressed elsewhere in this section, any person, firm or entity who violates any of the provisions hereof, or who shall fail to comply with any of the provisions hereof, or who shall make any false statement in any documents required to be submitted under the provisions hereof, shall be guilty of a misdemeanor as defined by the laws of the State of Minnesota and may be prosecuted therefor. Each day that a violation continues shall constitute a separate offense.
      (3)   In the event of a violation or a threatened violation of this section, the city, in addition to other remedies provided by law or equity or addressed herein, may institute such appropriate actions or proceedings to prevent, enjoin, restrain, correct or abate such violations or threatened violations.
      (4)   In the event any action is engaged in by the city against permittee or others in the exercise of its rights under this section or in the enforcement of this section, the permittee shall be liable for actual out-of-pocket attorney's fees, expenses and legal costs incurred, provided the same are within reason.  A permittee shall be notified of this provision as part of the conditional use permit, and the conditional use permit shall be granted only upon the express agreement of the permittee to abide and agree with this provision.
      (5)   The city's authorization for use of a site as a soil farm does not relieve the responsible party, the site owner, the permittee or any other person or entity from any civil or criminal liability, penalty or duty imposed by the State of Minnesota, the United States government or local authorities.
   (H)   Fees.  The fee for a conditional use permit for a soil farm shall be $100, and it is expressly the intent of the city to create a different fee for this type of conditional use permits.
   (I)   Indemnity and insurance.
      (1)   A permittee shall agree, as part of the conditional use permit, to indemnify and hold harmless the city, its agents or employees from any injuries or damages to any person or entity arising out of the soil farm or related operation, and shall reimburse the city for attorneys fees, costs and expenses actually incurred, in the defense of any action brought against the city arising out of soil farming or related activities, provided that the same are within reason.
      (2)   (a)   A permittee must provide either:
            1.   Proof of environmental liability insurance in a minimum amount sufficient to pay for the operation and maintenance of the site until the site is deemed closed and clear of contamination by the appropriate enforcing officer of the city, the State of Minnesota and any other governmental body or agency which may have jurisdiction; or
            2.   A performance bond or cash deposit, which could be released back to the permittee when the site is deemed closed and clear of contamination by the appropriate enforcing officer of the city, the State of Minnesota and any other governmental body or agency which may have jurisdiction.
         (b)   The amount of the insurance performance bond or cash deposit, as the case may be, shall be spelled out and clarified on a case-by-case basis as determined by the City Council.
(Ord. 88, passed 2-12-1992)