(A) It shall be a violation of this section for any person to operate an open dump. Waste placed in open dumps or illegally disposed of shall be collected and transported to a licensed waste facility for proper disposal by the property owner or other person(s) determined by the city to be responsible for the illegal activity.
(B) The responsible party shall submit a closure plan for city review and shall close the dump in accordance with the following provisions:
(1) The responsible party shall notify the city at least ten days prior to commencement of excavation/removal activity at the subject site. A receipt or other documentation approved by the city which indicates satisfactory and legal disposal of the subject solid waste shall be submitted to the city no later than 14 days after disposal.
(2) Implementation of a water monitoring program may be required by the city based on the open dump's potential to adversely affect the public's health and the environment. Any required water monitoring program shall be conducted pursuant to MPCA rules, guidelines, procedures, and policies. Plans to protect the ground and surface water shall be approved by the city prior to implementation.
(3) Surface water must be diverted around and away from the open dump.
(4) Remove all containerized liquids, hazardous waste, and other items specified by the city for proper processing or disposal. Potentially recyclable materials may be removed for processing or marketing.
(5) Establish and maintain final grade between 2% and 25% to promote surface water run-off without erosion.
(6) Establish vegetative cover consisting of shallow rooted perennials or other suitable vegetation.
(C) The owner of the property on which the open dump is located shall place on record an instrument with the Washington County Recorder, in a form prescribed by the city, placing the public on notice of the existence and location of the open dump and of the obligations placed upon parties holding an interest in the property and the restrictions that may affect the use of the property.
(Ord. 2023-15, passed 12-19-2023)