1080.16   GENERAL CONSTRUCTION AND OPERATION REQUIREMENTS.
   (a)   The design, construction, operation and closure of all solid waste management facilities shall be conducted in strict compliance with all regulations of the Virginia Department of Environmental Quality, the Virginia Water Control Board, the Virginia Air Pollution Control Board, these Codified Ordinances, including the Facilities Standards Manual, and applicable Federal regulations.
   (b)   Solid waste management facilities, including vegetative waste management facilities, shall not be located in critical environmental areas (e.g. the floodplain, as defined in Section 740.3(4) of the Zoning Ordinance), areas of general slope in excess of fifteen percent, major groundwater recharge areas, limestone conglomerate areas and wetlands. Solid waste management facilities, with the exception of vegetative waste management facilities, are subject to siting criteria as defined by 9 VAC 20-80-250. Vegetative waste management facilities are subject to siting criteria as defined in 9 VAC 20-101-120.
(Ord. 99-06. Passed 5-19-99.)
   (c)   Solid waste shall not be deposited closer than 300 feet to any residential property line and 200 feet to any commercial or industrial property line. The setback shall apply to waste handled both inside structures and outside structures. The Board of Supervisors may reduce this setback distance of commercial or industrial property lines if the owner or operator successfully shows that a nuisance will not be created owing to the operation of such facility, and provided that the operation of said facility is conducted wholly within an enclosed building and that said facility does not handle municipal solid waste. This subsection shall not apply to scales offices or other structures that are not used for the purposes of depositing, separating or loading solid waste. All requests for a reduction in setback requirements shall be advertised for a public hearing in a newspaper of general circulation in the County. This public hearing can be held concurrently with a public hearing to consider a request for a rezoning, a special exception or a waiver of selected technical standards in this chapter for the same use on the same property. The waiver provision of Section 1080.05(e) shall not apply to this section.
(Ord. 00-12. Passed 11-20-00.)
   (d)   All solid waste management areas shall be adequately screened and/or buffered within the required setbacks from all adjacent properties and all streets. Buffering may include trees or other natural screening or approved man-made structures.
   (e)   The operational plan, construction plan and operational and maintenance plan shall be developed in accordance with the Facilities Standards Manual, this section and Sections 1080.16 through 1080.25 and implemented to specifically monitor and control the following f environmental and public health concerns:
      (1)   Surface water contamination;
      (2)   Ground water contamination;
      (3)   Wetlands degradation;
      (4)   Methane gas migration;
      (5)   Noise;
      (6)   Odor;
      (7)   Dust;
      (8)   Smoke;
      (9)   Insect and rodent vectors;
      (10)   Hours and days of operations; and
      (11)   Other operational criteria as identified by the Director.
   (f)   All solid waste facilities shall be operated by a licensed waste management facility operator as defined by the Virginia Department of Professional and Occupational Regulations. The operator shall possess at least a Class I license.
   (g)   All applications for solid waste facility permits shall include a disclosure statement on a form approved by and obtained from the Director. The disclosure statements shall include the following:
      (1)   The name, address and business address(es) of the owner(s), operator and all real parties in interest.
      (2)   Identification of any and all compliance actions initiated against the applicant by any local, State or Federal solid waste regulatory agency within the last ten years, which are either pending or which resulted in a finding of violation or an entry of a consent agreement for violation of any law, regulation or requirement.
      (3)   An affirmation by the owner of the property upon which the business is to be conducted that the applicant has the owner's permission to operate a solid waste management facility on said property.
       (4)   A disclosure form affidavit in which the applicant certifies, under oath, that the information contained in the disclosure form is true accurate and complete.
   The disclosure form shall be reviewed quarterly by the owner or operator of the facility and revised, if needed, to maintain current information.
(Ord. 99-06. Passed 5-19-99.)