(a) Operating License. No person shall establish, modify, operate or maintain a construction and demolition debris facility until a license has been issued as prescribed by Ohio R.C. 3714.05 and 3745-37-01 of the Administrative Code, and issued by the Warren City Health District effective January first of each year.
(b) Fees.
(1) An annual fee, as prescribed by Ohio R.C. 3714.07 shall be collected and distributed accordingly by the Health District.
(2) A host community fee, based upon the amount of demolition and construction material entering the landfill, shall be remitted on a monthly basis to the Health District. The host community fee shall be $0.15 cents per ton.
(c) Cell Size.
(1) The size of their active operating area shall be no more than one acre.
(2) Construction and demolition debris waste shall be disposed in defined cells.
(d) Setback Line.
(1) All setback line parameters established within Chapter 1151 shall prevail, with the following exception:
A. Where the construction and demolition debris site is adjacent to property where an inhabited dwelling unit is situated, the minimum setback for a working cell shall be 400 feet from the inhabited structure.
(e) Noncompliance Stipulations.
(1) When a construction and demolition debris facility has been found to be in noncompliance with the Ohio Revised Code Chapter 3714, and the Ohio Administrative Code Chapters 3745-37 and 3745-400, and the operator(s) thereof has been duly convicted of such infraction in a court of competent jurisdiction, and continued violations would cause the Health District to significantly increase its inspection schedule to ensure compliance, the facility shall bear the increased personnel costs based upon an hourly per diem rate of the Registered Sanitarian assigned, for the time assigned specifically to the facility, including all associated preparation and follow-up necessary to ensure compliance.
(Res. 172. Passed 6-25-97.)