Disposal areas and landfills are permitted in AG Districts subject to the requirements of this chapter and the following special standards.
(A) The location of all disposal areas within said districts shall be sufficiently distant from pre-existing development so as not to be injurious to public health, safety and welfare, and in no instance shall the operation of the landfill be setback less than 500 feet from the road right-of-way and from any residential home, and the side line setback shall be a minimum of 100 feet from the property line of said licensee for the operation of said landfill.
(B) Disposal area activity shall only be allowed as a special land use activity within zoning districts specified in this chapter and subject to the provisions of this subchapter. The purpose of these procedures is to provide for the use of lands and disposal areas and to regulate and control said use for the preservation of public health, safety and welfare. Disposal areas are considered to be a temporary use of land only, therefore, the further intent of those provisions is to assure that such operations are conductive to and result in the reclamation of the land for other purposes. The requirements of this section shall be in addition to the requirement of all applicable state laws.
(1) Licensing procedures.
(a) An application for the approval of a disposal area license shall be made by an owner of an interest in the land on which the disposal area is to be located to the Township Clerk. The Township Board is the final authority to issue the license applied for hereunder after receiving the approval of the Planning Commission for the special land use. The application shall be accompanied by information and documents identical to that presented to the State Department of Public Health as required by state law, and the regulations promulgated pursuant thereto. Further, each application shall include a description of existing development within a one-half mile radius of the proposed disposal area. All applications shall be accompanied by a fee to be established by the Township Board to defray the costs of processing the same and to cover engineering and legal expenses.
(b) All licenses issued hereunder shall expire December 31 of each year but may be renewed upon payment of an annual fee of $1,200 if the licensee has complied with all of the requirements of the license issued. The Township Board may revoke any license upon breach of any condition, safeguard or requirement provided for in this chapter or in the license issued and the licensee’s bond would be forfeited. A license shall not be assignable.
(c) Each licensee shall submit a corporate surety bond for a sanitary landfill in an amount equal to $750 per acre of disposal area, but not less than $5,000. Each bond shall provide assurance for the maintenance of finished landfill site for a period of five years after the landfill is completed. Surety bonds for other disposal areas shall be in an amount equal to 0.25% of the construction cost of the facility but shall not be less than $5,000.
(d) This chapter does not prohibit an individual from disposing of refuse from his or her own household upon his or her own land as long as such disposal does not create a nuisance or hazard to health. Rubbish accumulated as a part of the improvement or the planting of privately owned farmland may be disposed of on the property provided the method used is not injurious to human life or property or unreasonably interferes with the enjoyment of life and property.
(e) No license shall be issued until a certification of insurance is filed with the Township Clerk indemnifying the township in the amount of $250,000 each person and $500,000 each occurrence, from any claim or loss incurred by the township as a result of the issuance of this license in the operation of the landfill pursuant to said license.
(2) General requirements for licensing. Where refuse is removed from premises, to a location other than its point of origin, for disposal or where refuse is not removed from the premises but disposed at the point of origin in such quantities as to become of public health concern:
(a) Plans and specifications. Refuse disposal facilities shall be designed in accordance with this subchapter by a registered professional engineer. Detailed plans, specifications and necessary reports shall be submitted in triplicate to the Township Planning Commission and the Township Board for review, approval and file. Alterations or deviations from these plans shall also be submitted for approval and file;
(b) Inspections and evaluation. The Building Inspector shall make routine inspections and evaluations of solid waste disposal operations. A written notice of deficiencies, together with recommendations for their correction, shall be provided to the operator or the appropriate individual, firm, or corporation thereof responsible for the solid waste disposal operation.
(C) Sanitary landfills shall be governed by the following requirements.
(1) Sanitary landfills; design.
(a) Maps. The design of the sanitary landfill shall include one or more topographic maps at a scale of not over 100 feet to the inch with contour intervals which clearly show the character of the land. These maps and accompanying data shall indicate the following: the proposed fill area; any borrow area; access roads; on-site roads; grades for proper drainage of each lift required and a typical cross-section of lift; special drainage devices if necessary; fencing; structures on the site; existing and proposed utilities; and all other pertinent information to indicate clearly the soil characteristics, water table, orderly development, operation and completion of the sanitary landfill. A sanitary survey and a land use plan of adjacent areas may be required.
(b) Geology. The geological characteristics of the site shall be determined by on-site testing or from earlier reliable survey data to indicate soil conditions, water tables and sub-surface characteristics.
(c) Characteristics of cover materials. Cover material shall be of such character that it can be compacted to provide a tight seal and shall be free of putrescible materials and large objects.
(d) Water pollution and nuisance control. Sanitary landfill operations shall be so designed and operated that conditions of unlawful pollution will not be created and injury to ground and surface waters avoided which might interfere with legitimate water uses. Water filled areas not directly connected to natural lakes, rivers or streams may be filled with specific inert materials not detrimental to legitimate water use and which will not create a nuisance or hazard to health. Special approval of the inert material to be used in this manner is required in writing from the Township Board. Such approval shall be filed with the Township Clerk. Inert material shall not include residue from refuse incinerators, unless evidence, satisfactory to the Township Board is submitted by the licensee substantiating that such residue will not create a nuisance or hazard to health. Sand and gravel shall not be removed below the level established by the Township Board upon the recommendation of its township engineers to ensure that the water tables in the area are not affected.
(e) Equipment. Adequate numbers, types and sizes of properly maintained equipment shall be used in operating the landfill in accordance with good engineering practice. Emergency equipment shall be available on the site or suitable arrangements made for such equipment from other sources during equipment breakdown or during peak loads.
(2) Sanitary landfills; preparation of the site.
(a) On-site roads. On-site roads shall be designed and constructed so that traffic will flow smoothly and will not be interrupted by ordinary inclement weather. On-site roads shall be maintained and kept dust free at all times.
(b) Adjacent public roads. Public roads adjacent to said premises, used for haul routes, must also be maintained and kept dust free. Stop signs must be posted at the egress road for traffic safety. Street address for the parcel shall be posted on a sign which can be readily seen and read from the public right-of-way.
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(c) Fire protection. Suitable measures shall be available to extinguish accidental fires.
(3) Sanitary landfills; operations.
(a) Supervision of operations. A landfill operation shall be under the direction of a responsible individual at all times.
(b) Limited access. Access to a sanitary landfill shall be limited to those times when an attendant is on duty and only to those authorized to use the site for the disposal of refuse, except as otherwise approved in writing by the Township Board. Access to the site shall be controlled by a suitable barrier.
(c) Unloading of refuse. Unloading of refuse shall be continuously supervised.
(d) Site maintenance. Measures shall be provided to control dust and blowing paper. The entire area shall be kept clean and orderly.
(e) Spreading and compacting of refuse. Refuse shall be spread so that it can be compacted in layers not exceeding a depth of two feet of compacted material. Large and bulky items when not excluded from the site, shall be disposed of in a manner approved by the Building Inspector.
(f) Volumes of cells. Volumes of individual cells shall not exceed the daily quantity of wastes.
(g) Daily cover. A compacted layer of at least six inches of suitable cover material shall be placed on all exposed refuse by the end of each working day.
(h) Mulch and seeding. The application of mulch and seeding shall be completed as shown on the engineering plans to be submitted with the license.
(i) Final cover. A layer of suitable cover material compacted to a minimum thickness of three feet shall be placed over the entire surface of each portion of the final lift not later than one week following the placement of refuse within that portion.
(j) Maintenance of cover. All daily cover depths must be continually maintained and final cover depths shall be maintained for a period of five years.
(k) Hazardous materials including liquids and sewage. Hazardous materials, including liquids and sewage, shall not be disposed of in a sanitary landfill. This provision in no way precludes the right of a landfill operator to exclude any materials.
(l) Burning prohibited. No burning shall be permitted at any sanitary landfill.
(m) Salvage. Salvaging, if permitted, shall be organized so that it will not interfere with prompt sanitary disposal of refuse or create unsightliness or health hazards. This provision in no way precludes the right of a landfill operator to exclude any materials.
(n) Insect and rodent control. Conditions unfavorable for the production of insects and rodents shall be maintained by carrying out routine landfill operations promptly in a systematic manner. Supplemental insect and rodent control measures shall be instituted wherever necessary. Inspections shall be made quarterly by the appropriate state agency.
(o) Drainage of surface water. The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater falling on the fill, and to prevent the collection of standing water.
(p) Completion of landfill. An inspection of the entire site shall be made by the Building Inspector to determine compliance with the approved plans and specifications before the earthmoving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded, and uneven areas in the final cover during the first five years following completion of the fill.
(q) Hours of operation. Disposal areas shall not conduct operations between the hours of 5:00 p.m. and 7:00 a.m. nor on Sundays or legal holidays. Other reasonable restriction on hours of operation may be included in or added to the conditions of individual licenses.
(r) Fencing. The entire site shall be completely fenced with a fence of not less than six feet in height nor squares larger than two square inches in diameter, preferably a chain link type fence.
(D) Control of noise. At no point on the boundary of any nonindustrial district shall the sound pressure level of any operation exceed the described levels in the designated octave bands below:
Octave Band in Cycles per Second
|
Maximum Permitted Sound Level in Decibels |
Octave Band in Cycles per Second
|
Maximum Permitted Sound Level in Decibels |
0 to 75 | 72 |
75 to 150 | 67 |
150 to 300 | 59 |
300 to 600 | 52 |
600 to 1,200 | 46 |
1,200 to 2,400 | 40 |
2,400 to 4,800 | 34 |
Above 4,800 | 32 |
(E) Control of odors. There shall be no emission of odorous matter in such quantities as to be offensive at lot boundary lines. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
(F) Open dumps. Open dumps shall not be permitted.
(G) Other reasonable restrictions. The Township Board may impose such other reasonable restrictions as conditions to the issuance of the license hereunder.
(Ord. passed 10-11-2000) Penalty, see § 153.999