Evergreen Landfill is hereby authorized to dispose of solid and hazardous wastes, subject to all rules and regulations of the Ohio Environmental Protection Agency and the Hazardous Waste Facilities Board, to a height of not more than forty feet above grade, subject to the following conditions:
(a) Residents of the City shall, without cost to such residents, be permitted, at all times when the Landfill is open, to enter the Landfill and deposit in the areas designated therefor at that time, and pursuant to the directions of the General Manager of the Landfill or his or her designee, any nonhazardous solid waste and refuse generated at their homes within the limits of the City. In order to identify bona fide residents of the City, the City shall annually make available to such bona fide residents Landfill privilege permits which shall be displayed when residents enter the Landfill to deposit nonhazardous solid waste and refuse generated at their homes. Each year, the City shall change the color of the Landfill privilege permits so that Landfill personnel can easily identify bona fide residents of the City.
(b) The operator of Evergreen Landfill shall, at all times, continue to maintain the existing six-foot wooden fence surrounding three sides of the container yard off of Wales Road.
(c) The Landfill may be closed, at the discretion of the Mayor or the Chief of Police, during inclement weather due to unsafe conditions caused by mud and other debris being carried onto the roadway from Evergreen Landfill.
(d) The City shall have the first option to purchase the land and buildings presently being used as an office and garage by Evergreen Landfill at a fair appraised value.
(e) The City may dispose of nonhazardous residential solid waste at Evergreen Landfill for so long as it is operated as a solid waste or hazardous waste disposal facility or for thirteen years from the date of this chapter (Ordinance 83-3, passed February 10, 1983), whichever is longer, without cost to the City. If the Evergreen Landfill site is closed prior to the expiration of such thirteen- year period, Evergreen Landfill shall provide disposal at another approved solid waste disposal facility within fifteen miles of the City for all solid waste generated by the City for the remainder of the thirteen-year period. If the disposal facility is more than fifteen miles from the City, Evergreen Landfill shall pay for the hauling of solid waste to such site.
(f) Maximum Landfill hours shall be from 6:00 a.m. to 6:00 p.m. In the event of emergency or exceptional conditions, the Mayor may waive this requirement for a period of not more than two weeks.
(g) The City shall require all Landfill trucks to use designated truck routes.
(h) Evergreen Landfill shall pay an annual fee of two thousand dollars ($2, 000) commencing on the effective date of this chapter (Ordinance 83-3, passed February 10, 1983), and at its anniversary date thereafter, as a blanket license fee for all trucks depositing hazardous waste at the Landfill.
(i) Evergreen Landfill shall continue to operate and maintain the equipment presently being installed at the Landfill site to assure that mud or other debris or hazardous substances are not tracked out onto the road right of way by trucks or other motor vehicles entering or leaving the Landfill site.
(j) The finished slope of the Landfill shall be no greater than one vertical to four horizontal of the maximum perimeter of the slope.
(k) The owner/operator of Evergreen Landfill shall furnish a separate agreement, in a form approved by the City Attorney, indemnifying and saving harmless the City and its elected officials, employees and agents from any and all liabilities (except those liabilities resulting from the negligent activity of the City and/or its agents, employees or elected officials) of whatever nature or description growing out of the solid waste or hazardous waste operations at the Landfill, whenever any claim is made or whenever any liability is said to have commenced or accrued. The owner/operator shall post a fifty thousand dollar ($50, 000) surety bond as partial security for such agreement or shall furnish the City with a certificate of insurance demonstrating at least fifty thousand dollars ($50,000) in liability insurance covering such risk, but the amount of the bond or insurance shall not be construed in any way to limit the indemnity obligation as stated herein.
(l) These imposed conditions shall be covenants and shall run with the land being used as the sanitary and/or hazardous waste Landfill and shall apply to Ohio Waste Management, Inc. , its successors or assigns, or any merged or successor corporation or entity, which may in the future operate or maintain the sanitary and hazardous waste Landfill or trucking operations utilizing such Landfill.
(Ord. 83-3. Passed 2-10-83.)