Grant Town
Solid Waste Ordinance

An ordinance authorizing and providing for Grant Township Solid Waste Management, establishing powers and duties in connection therewith, establishing standards and requirements for solid waste management operations within the Township of Grant, requiring a license for the establishment and use of a solid waste management operation; embodying minimum standards and requirements established by rules of the Minnesota Pollution Control Agency and, to the extent applicable the Minnesota Waste Control Commission, providing for enforcement of said requirements; requiring a performance bond and insurance; and imposing penalties for failure to comply with these provisions; in purpose and object to promote health, welfare and safety of the public and protect resources of water, air, and land.

The Grant Board of Supervisors of the Town of Grant, hereinafter referred to as the Town Board, does ordain:

SECTION I.  DEFINITIONS

Unless specifically altered, terms and abbreviations used in this ordinance shall be interpreted in a manner consistent with Minnesota Statutes, Chapters 115, 115A, 116, 400, and 473 and rules of the Agency which have been or hereafter may be adopted under those provisions. Terms and abbreviations used herein which are not specifically defined by law shall be construed in accordance with the context and professional usage.

Subd. 1.  "Agency" means the Minnesota Pollution Control Agency and, to the extent applicable, the Minnesota Waste Control Commission.

Subd. 2.  "Air Contaminant" means the presence in the outdoor atmosphere of any dust, fume, mist, smoke, vapor, gas or other gaseous

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fluid, or particulate substance differing in composition from or exceeding in concentration the natural components of the atmosphere.

Subd. 3.  "Air Pollution" means the presence in the outdoor atmosphere of any air contaminant or combination thereof in such quantity, of such nature and duration, and under such conditions as would be injurious to human health and welfare, to animal or plant life, or to property, or to interfere unreasonable with the enjoyment of life or property.

Subd. 4  "'Audit Company" means any person (other than the Solid Waste Officer) qualified to perform the functions to be undertaken by an audit company under Section VI hereof and approved by the Town Board and Agency.

Subd. 5.  "Canister System" means one or more commercial solid waste containers (such as "green boxes" and "dumpsters") located to function as intermediate disposal facilities, and which are serviced on a regular basis by a public or private solid waste hauler.

Subd. 6.  "Commercial Hauler" means any person, as defined in Section I. who owns, operates, or leases vehicles for hire for the purpose of collection and/or transportation of any type of solid waste.

Subd. 7.  "Composting" means the controlled biological decomposition of selected solid waste in a manner resulting in an innocuous final product.

Subd. 8.  "Cover Material" is material that is used to cover compacted solid waste in a land disposal site.  Important general characteristics of good cover material are low permeability, uniform texture, cohesiveness, and compactibility.  Suitable cover materials include but are not limited to, sandy loam, loam, silt loam, sandy clay loam, silty clay loam, clay" loam, sand clay, and loamy sand.

Subd. 9  "Environmental Impact  Statement" is a document that completely describes the effects of an operation regulated by this ordinance upon the environment.  This statement shall be based upon scientific studies, tests, and observations sufficient to validate its predictions and conclusions, and shall comply with the United States

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Environmental Protection Agency, Agency, and any other agencies having regulatory responsibilities, and requests of the Solid Waste Officer.

Subd. 10.  "Demolition Landfill" means a land disposal site for building and other demolition debris.

Subd. 11  "Garbage" means discarded material resulting from the handling, processing, preparation, serving, and consumption of food.

Subd. 12. "Hazardous Waste" means any refuse or discarded material or combinations of refuse or discarded materials in solid. semi-so1id, liquid, or gaseous form which pose a present or potential hazard to .human health or other living organisms because of their chemical, biological, or physical properties.  Categories of hazardous waste materials include, but are not limited to, explosives, flammables. oxidizers, poisons, irritants, and corrosives.  Hazardous waste does not include sewage, sludge, and source material, special nuclear material or by-product material as defined by the Atomic Energy Act of 1954, as amended.

Subd. 13. "Incineration" means the process by which solid wastes are burned for the purpose of volume or weight reduction or energy recovery in facilities designed for such use.

Subd. 14. "Intermediate Waste Disposal Facility" is a facility for the preliminary or incomplete disposal of solid waste including but not limited to, transfer station, canister site or system, open burning site, incineration, composting, recovery of recyclable materials, reduction, shredding, and compression.

Subd. 15. "Land Disposal Facility" means any demolition, modified or sanitary landfill and any other property where solid waste is permanently located.

Subd 16  "Land Pollution" means the presence in or on the land of any waste of such quantity, of such nature and duration, and under such condition as would affect injuriously any waters of the state create air contaminants, or cause air pollution.

Subd. 17. "Licensee" means any person who is either the land owner

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or both and who has been issued a license by the Town Board for solid waste management purposes pursuant to this ordinance.  It is the intent of this ordinance that both the land owner and operator (if a different person) shall be licensees.

Subd. 18.  "Operation" means any site, facility, or activity relating to solid waste management.

Subd. 19. "Person" means any human being, any municipality or other governmental or political subdivision or other public association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, or any other legal entity.

Subd. 20.  "Putrescible Material" means solid waste which is capable of being rotten, or which may reach a foul state of decay or decomposition.

Subd. 21. "Refuse" means putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings,  market and industrial solid wastes, and municipal treatment wastes which do not contain free moisture.

Subd. 22 "Rubbish" means nonputrescible solid wastes, including. but not limited to ashes, consisting of both combustible and noncombustible wastes such as paper, cardboard tin cans. yard, clippings. wood, glass, bedding, crockery, or litter of any kind.

Subd. 23. "Sanitary Landfill" means a land disposal site employing an engineered method of disposing of solid waste on land in a manner that minimizes environmental hazards by spreading the solid waste in thin layers, compacting the solid waste to the smallest practical volume, and applying cover material at the end of the operating day. or at intervals as may be required by the Agency.

Subd. 24. "Shoreland" means land located within the following distances from public water: (a) 1,000 feet from the ordinary high water mark of a lake, pond, or flowage; and (b) 300 feet from a river or stream, or the landward extent of a flood plain designated by

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ordinance on such a river or stream, whichever is greater.

Subd. 25. "Solid Waste" means garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, or other discarded waste materials and sludges, in solid, semi-solid, liquid, or contained gaseous form, resulting from industrial, commercial, mining, or agricultural operations, or from community activities, but does not include hazardous waste, animal waste used as fertilizer, earthen fill, boulders, rock, sewage sludge, solid or dissolved material in domestic sewage or other common  pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended; dissolved materials in irrigation return flows; or source material, special nuclear material, or by-product material defined by the Atomic Energy Act of1954, as amended.

Subd. 26. "Solid Waste Management Facility" means a demolition, modified. or sanitary landfill, or an intermediate disposal facility.

Subd. 27. "Solid Waste Management" means the storage, collection, or removal of solid waste from or on public or private property, its transportation to intermediate or final disposal facilities or its final disposal by methods approved by the Agency.

Subd. 28. "Solid Waste Officer" means the person designated by the Town Board to perform the functions described in Section III.

Subd. 29.  "Town" means any department or representative of the township who is authorized by this ordinance or otherwise by the Town Board to represent the Town of Grant in the enforcement or administration of the ordinance.

Subd. 30. "Transfer Station" means an intermediate solid waste disposal facility in which solid waste collected from any source is temporarily deposited to await transportation to another solid waste management facility.

Subd. 31.  "Water Pollution" means (a) the discharge of any pollutant into any waters of the state or the contamination of any waters of the state so as to create a nuisance or render such waters

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unclean, or noxious, or impure so as to be actually or potentially harmful or detrimental or injurious to public health, safety or welfare to domestic, agricultural, commercial, industrial, recreational, or other legitimate  uses, or to livestock, animals, birds, fish, or other aquatic life; or (b) the man-made or man-induced alteration of chemical, physical, biological, or radiological integrity of waters of the state.

Subd. -32.  "Waters of the State" means any waters, surface or underground, except those surface waters which are not confined but are spread and diffused over the land.  "Waters of the State" include all boundary and inland waters.
 

SECTION II   GENERAL PROVISIONS

Subd. 1.  No person shall cause, permit, or allow land or property under his control to be used for solid waste management purposes except at an operation for which a license has been granted by the Town Board, unless otherwise provided by this ordinance.  A license shall not be required under this ordinance for any site used for the disposal of solid waste from only a single family household, a member of which is the owner, occupant, or leasee of the property, but such site shall be operated and maintained in a nuisance-free and aesthetic manner consistent with this ordinance.

Subd. 2.  Any operation to be used for any method of solid waste management not otherwise provided for  in this ordinance must be licensed by the Town Board before operation may commence.  The license application shall include three sets of complete plans, an environmental impact statement, specifications, design data, ultimate land use plans, and a description of any other solid waste  management facilities then operated or previously operated by the applicant and any citations or other administrative or judicial determinations of any failure by the applicant to comply with any applicable laws and regulations relating to the operation of such solid waste management facilities.  Proposed operating procedures for a solid waste management facility must be prepared by a professional engineer registered in Minnesota and approved by the Town.  The applicant shall procure a proper zoning permit to accompany the application as required by the Town Zoning Ordinance.  No license shall be issued for a solid waste management facility unless the applicant has demonstrated to the satisfaction of the Town Board the availability of revenues necessary to operate the facility in accordance with applicable Federal, State, and local laws, ordinances, and rules.

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The applicant shall be the person or persons who are the landowner and, if a different person, the operator of the solid waste management facility.

Subd. .3.  After receiving an application for a solid waste management facility, the Town Board shall refer such applications to the Town Planning Commission which shall conduct a public hearing thereon after at least fourteen (14) days advance notice thereof has been published in the official newspaper.

Subd. 4.  Issuance of any license pursuant to the provisions of this ordinance shall be contingent upon the applicant establishing to the satisfaction of the Town Planning Commission and Town Board (and to the extent applicable if the landowner and operator are not the same) that the applicant is responsible and otherwise qualified by experience, record of integrity, financial condition, past compliance with applicable laws and regulations, management skills, environmental knowledge, technical knowledge, and other skills necessary to  operate solid waste management facility.  Prior to the public hearing on the issuance of the license, the Solid Waste Officer or any other designee of the Town Planning Commission, shall investigate the applicant. Thereafter the Town Planning Commission shall give its recommendation to the Town Board concerning whether the Town Board should issue or deny the license.  After reviewing all the documentation concerning the application and the recommendation of the Town Planning Commission and Waste Disposal Officer the Town Board shall decide if the license is to be issued to the applicant.  If an applicant is denied a license, such applicant shall be notified in writing of the reasons therefor by the Town Board.  A denial shall be without prejudice to the applicants right to appear before  the Town Board or to the applicant's right to file a further application after revisions are made to satisfy objections specified as reasons for the denial Submission of false information may constitute grounds for denying a license or license renewal, or suspension by revocation of an issued license.

Subd. 5.  The Town Board shall refuse to issue a license for any operation which does not comply with this ordinance, Agency rules, the Washington County Solid Waste Management Ordinance, and any applicable State and Federal laws and rules.

Subd. 6.  Issuance of any license pursuant to the provisions of this ordinance also shall be contingent upon the applicant furnishing to the Town a bond in an amount to be set by the Town Board provided

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in no event shall the amount of the bond be less than $10,000.  This bond shall name the Town and its citizens as obligees with sufficient sureties duly licensed and authorized to transact business in the State of Minnesota as sureties.  The condition of such bond shall be that if  the licensee fails to comply with any of the requirements or fails to perform any of the acts required of an operation or ceases to incur any monies or expend any labor or material to restore the operation to a condition in compliance with this ordinance or causes any land, water, or air pollution, the licensee and the sureties on its bond shall reimburse the Town and its citizens for any and all the expenses incurred by the Town and its citizens to remedy failure of the licensee to comply with the terms of this ordinance or applicable laws and regulations, and the licensee and its sureties shall indemnify and save the Town harmless from all losses, costs, and charges that may occur because of any default of the licensee under the terms of his license to operate in compliance with the terms of the ordinances of the Town or applicable laws or regulations, or because of any pollution for which the licensee is responsible in whole or in part.

Subd. 7.  In addition to the bond referred to in Subd. 6, issuance Of any license pursuant to the provisions of this ordinance shall be contingent upon the applicant securing, and furnishing to the Town a copy of a certificate thereof, the following types of insurance issued to the licensee by insurers duly licensed within the State of Minnesota and in amounts to be set and on forms to be approved by the Town Board; comprehensive general liability including, but not limited to, bodily injury, broad form property damage, motor vehicle,  loading and  unloading,  and  gradual  pollution insurance and other liability coverages that might be required by the Town Board.

Subd. 8. Any  license  granted  by  the  Town  Board  under the provisions of this  ordinance  shall be non-transferable, and shall terminate upon (1) non-renewal by this Town Board, (2) upon failure of the licensee to operate a solid waste management facility for ninety (90) days, (3) upon revocation by the Town Board, or (4) if the a different person, operator shall no longer be the licensee.

Subd. 9.  Any license granted by the Town Board under the provisions of this ordinance may be suspended by the Town Board at any time for noncompliance with the provisions of the license, this ordinance or applicable Washington County ordinances, or State laws or rules or upon written notification to the licensee and the Town Planning Commission, or by an authorized

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representative of the Agency that the continued use of the operation may endanger the health, welfare, or safety of the public or that the continued use may cause pollution or impairment of the environment.

The  notice of suspension shall be deemed adequately served whenever it is served upon the licensee personally or by leaving the same at the licensed premises with the person in charge thereof.  Copy of the notice of suspension shall be provided to the Town Board. The Town Board shall remove the license suspension only   upon presentation of evidence acceptable to the Town Board that the conditions which were cited as cause for suspension have been fully corrected.  A license may be revoked only after the Town Board has held a public hearing at which the licensee and other persons wishing to be heard concerning the operation shall have the right to be heard The date of the hearing for license revocation shall be set by the Town Board and shall not be held earlier than ten (10) calendar days after notice of such hearing was mailed to the licensee.  Evidence may be adduced in a manner consistent with the rules of evidence applied in civil cases.  A transcript thereof shall be made by  magnetic  tape recording or other suitable technique.  If, pursuant to said hearing the Town Board shall determine that the operation has been conducted in violation of the provisions of the license, this ordinance, any applicable Washington County ordinances, or State laws or State rules. the Town Board may revoke the license or continue such suspension in effect until the licensee has demonstrated that full compliance with the provisions of the license, this ordinance, any applicable Washington County ordinances, and State laws and State rules has been attained and that such compliance will be continued in the foreseeable future.

Subd. 10.  Routine inspection and evaluation of an operation shall be made by the Solid Waste Officer at such frequency as to ensure consistent compliance by the operation with the provisions of this ordinance.  The licensee shall be provided with a written inspection report containing a precise description of any  deficiencies, recommendations for the correction thereof, and the date when the corrections shall be accomplished.  Copies of said report(s) shall be furnished to the Town Planning Commission and Agency.  The licensee shall allow authorized representatives of the Town, Washington County, or the Agency access to the facility at any time for the purpose of making such inspections as may be necessary to determine compliance with the requirements of this ordinance, and any other applicable state ordinance, or rule.

Subd. 11.  Under no circumstances may any licensee or any hauler of solid waste employ or provide gifts to or otherwise attempt to

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exercise undue influence over the Waste Disposal Officer, auditing company, or any members of the Town Planning Commission or Town Board.  For purposes of this section "undue influence" shall mean any action which is intended to compromise or otherwise impair the independent judgement of the person who is the object of the action.

Subd. 12.  Where the conditions imposed by any provision  of ordinance are either more restrictive or less restrictive comparable conditions imposed by any other provision of ordinance, or any other applicable law, ordinance, or rule provision which establishes the higher standards for the promotion the public health, safety, and general welfare shall prevail.

Subd. 13.  Every license issued for a solid waste operation  shall be registered with the Town office.

SECTION III.   SOLID WASTE OFFICER

Subd. 1.  The Solid Waste Officer shall have all necessary authority to implement and carry out the provisions of this ordinance including, but not limited to, the following:

(a) To  review and consider all license applications and supporting materials which are referred to the Solid Waste Officer for operations within the Town and after such review and consideration, to recommend in writing with documentation to the Town Planning Commission and the Town Board whether a license should be granted or denied.

(b)  To inspect operations to determine compliance and to investigate complaints about violations of this ordinance.

(c)  To inspect all loads of solid waste materials brought into an authorized solid waste land disposal facility for permanent disposal in the Town as provided in Section VI, Subdivision 3 thereof.

(d) To recommend to the Town attorney that legal proceedings be initiated against a person or group of persons to compel compliance with the provisions of this ordinance or to terminate or control an operation not in compliance with this ordinance.

(e)  To encourage and conduct studies, investigations,  and research relating to aspects of solid waste management, including, but

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not limited to, methodology, chemical and physical considerations, and engineering.

(f) To advise, consult, and cooperate with the public and other governmental agencies in furtherance of the purpose of this ordinance.
 

SECTION IV.   SOLID WASTE STORAGE

Subd. 1  Solid wastes shall be stored in a manner which complies with State rules administered by the Agency.

Subd. 2.  Hazardous wastes shall be stored in accordance with State rules administered by the Agency.

Subd. 3. Transfer stations and canister sites may be established and shall be licensed annually according to Section VIII and shall meet all requirements listed in Section IV as well as any additional requirements imposed by the Town Board.

Subd. 4.  Solid wastes shall not be stored on  public or private property for more than two (2) weeks without the written approval of the Solid Waste Officer.  Nonputrescible wastes suitable for recycling shall not be stored on public or private property in a manner which creates a nuisance, blight, or health hazard.
 

SECTION V. COLLECTION AND TRANSPORTATION OF SOLID WASTE

Subd. 1.  The transportation of solid waste shall be performed accordance with State rules administered by the Agency.

Subd. 2.  Hazardous wastes shall be transported in a manner consistent with State rules administered by the Agency.

Subd. 3..  No person may collect or transport solid waste for hire without obtaining a license from the Town Board.  The Town Board shall not issue a license until the applicant complies with all of the following requirements.

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(a) The applicant shall submit a completed application form provided by the Town for a solid waste collection and transportation license.  The application shall not be considered complete until the Town receives all applicable fees and all materials required by this Section.

(b) The applicant shall submit to the Town a list of all vehicles to be used for solid waste collection and transportation.   The list shall specify the make, model, and year each vehicle was built and the volume each vehicle can transport.

(c)  The applicant shall submit a description of the routes to be followed by all solid waste collection and transportation vehicles between the area of collection and the solid waste disposal operation

(d) The applicant shall meet all of the applicable requirements for obtaining a license which are specified in Section II of this ordinance

(e)  The applicant shall be financially and operationally capable. as determined by the Town Board. to properly collect, transport. and dispose of all solid waste.

(f)  The applicant shall submit any additional data requested by the Town Board or Solid Waste Officer.

(g)  After receiving a completed application and payment of all applicable fees, the Town shall have ninety (90) days to either grant or deny the license.  Failure of the Town to act upon an application within ninety (90) days shall constitute a denial.  A denial shall be without prejudice to the applicant's right to file a  further application.  Submission of false information may constitute ground for denying a license or license renewal, or suspension by revocation of an issued license.

Subd. 4. All Solid waste collection and transportation operations shall be governed by the following rules and regulations:

(a) All vehicles to be used for solid waste collection shall have leak proof bodies of easily cleanable construction covered with metal, heavy canvas, fish-net type material or other suitable covering, and shall be subject to the approval and periodic inspection of the Solid Waste Officer.  Failure to maintain such covering in a secure fashion while transporting solid waste may be grounds for denying a license or license renewal, or

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suspension by revocation of an issued license.

(b) The licensee shall maintain all solid waste collection and transportation vehicles in a safe and sanitary manner, and provide brooms and shovels on each vehicle for the purpose of cleaning spilled material.  All safety equipment including but not limited to horns, lights, reflectors shall be operable and in sound repair.

(c) The licensee shall display the capacity of each vehicle, and the name, address, and telephone number of the commercial hauler on each side of the vehicle.  Letters and numbers shall be at least three (3) inches high.

(d)  The license shall not allow solid waste to remain or be stored in  any collection or transportation vehicle in excess of twenty-four (24) hours, except in the event of any emergency such as inclement weather, equipment breakdown, or accident.

(e) The licensee shall take reasonable care to protect the property of customers being served.  The licensee shall be responsible for any damage or spillage of solid waste as a result of his action.

(f) The license shall not collect and transport waste materials that are smoking, smoldering, or burning.

(g)  The license shall be responsible for the cleanup of any waste that must be dumped in an emergency.  The operator of the vehicle shall immediately notify the Solid Waste Officer and the appropriate law enforcement agency and emergency service of such a dumping and clean the area within a time limit set by the Solid Waste Officer.

(h)  Any person who collects or transports solid waste for hire shall immediately clean up any litter or solid waste that comes off any vehicle in route or any other place other than a solid waste management facility.

(i) The licensee shall collect and transport solid waste only between the hours of 6.00 a.m. and 6:30 p.m. in residential districts.
 

SECTION VI. SOLID WASTE LAND DISPOSAL FACILITIES

Subd. 1.  Land disposal facilities shall meet all the requirements of the State rules administered by the Agency which govern these facilities.  No person shall establish, operate, or maintain a land

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disposal facility without first obtaining a license from the Town Board in accordance with Section II.

Subd. 2. An application for a Town license shall include, but not be limited to, the following:

(a)  An operating schedule and a schedule of fees to be levied at the land disposal facility.

(b)  A notarized affidavit stating that Washington County and  the Agency  have  been given at least thirty (30) days notification of the pending application for a license.

(c)  A certificate from the Town Planning Commission that the use pro posed is in accordance with the established Town Zoning Ordinance and the Washington County Zoning Ordinance.

(d)  Sufficient documentation to enable the Town Planning Commission and Town Board to determine whether the applicant is and operationally capable to properly dispose of all solid waste with adequate supervision.

(e)  A description of any other solid waste management facilities operated or previously operated by the applicant and any citations or other administrative or judicial determinations of any failure by the applicant to comply with any applicable laws and regulations relating. to the operation of any solid waste management facilities.

(f)  Sufficient documentation to enable the Town Planning Commission and Town Board to determine whether the applicant can comply with all requirements for obtaining a license as set forth in Section II.

(g)  A certificate that each load of solid waste and the disposal thereof will be monitored by the licensee to assure compliance with this ordinance and Washington County, State, and Federal laws and rules.

(h)  Evidence that the bond required in Section II, Subd 6 will be provided in such form as the Town Board may require.

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Subd. 3.  Disposal of hazardous waste is limited to a site designated for hazardous waste and approved for that purpose by the Agency and, if located therein, Town. To ensure compliance with their requirements, the following conditions shall be satisfied with respect to all land disposal facilities.

(a)  All loads of solid waste shall be dumped on a concrete or other impervious surface, approved by the Waste Disposal Officer, at an inspection site and segregated from the permanent dumping site by at least 200 yards.  This site shall be approved by the Waste Disposal Officer.

(b)  Each load of solid waste shall to the maximum extent practicable, be inspected in its entirety by the Waste Disposal Officer for any hazardous waste.

(c)  Any load of solid waste which the Solid Waste Officer determines to contain or may contain any hazardous waste as listed on the restricted list described in Section VI subdivision 4 shall be removed from the site during the established business hours of the site at the direction of the Waste Disposal Officer but in no event later than the end of the next business day; provided that if the hauler or landfill licensee disputes the determination of the Waste Disposal Officer, the load may be temporarily stored on a concrete or impervious surface at a site approved by the Waste Disposal Officer while the disputed samples are being analyzed by the audit company.  All testing expenses shall be paid by the licensee.

(d) The Waste Disposal Officer shall, after receiving a written report on the disputed samples from the testing laboratory, make the final decision as to whether the load shall be accepted for disposal within the Town.

(e) If material is found within the disputed load of solid waste that is on the restricted list, acceptance of the entire load shall not be permitted in any land disposal facility within the Town.

(f)  No load of solid waste may be accepted for inspection or disposal unless the Waste Disposal Officer is available for inspection. No load may be stored over night uninspected.

(g)  At the land disposal facility permanent records shall be kept of: the general contents of each inspection report, laboratory reports of each disputed sample, date accepted, the quantity of each load of
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solid waste, the address at which the load was picked up, the name and address of the person who originated the load, the precise disposal location at the land disposal facility of each load of solid waste, and such other information as the Waste Disposal Officer shall deem appropriate.  The records shall be made available for public inspection and copying during regular business hours for the Waste Disposal Officer, at the expense of the operator, or for any other person at the expense of such person.

(h)  At least once every quarter, an on-site audit by an audit company shall be made of all Agency and Town approved land disposal facility.  The audit shall include, but not be limited to all inspection procedures, all dispute handling procedures, all records and record keeping procedures, and all on-site disposal methods. report shall be issued to the disposal facility licensee and to the Town.

Subd. 4.  All loads of solid waste containing materials which are listed by the United States Environmental Protection Agency, Agency, or Town as being hazardous or otherwise creating a health hazard. shall not be disposed of in a land disposal facility within the Town.

(a)  The list of restricted materials shall be compiled by the Town Planning Commission.

(b)  At least annually, the Town Planning Commission shall give published notice of and conduct a public hearing on a proposed list of restricted materials.  After conducting the public hearing, the Town Planning Commission shall recommend to the Town Board which materials should be placed on the restricted list.  1f any land disposal facility licensee disputes any material placed on the restricted list as being overly restrictive, the audit company shall, at the expense of the operator, review the disputed  materials and make a recommendation to the Town Board. The Town Board shall then establish the restricted list.

Subd. 5. Each year, the Town Board shall consider renewal of the license of the land disposal facility operator. No license shall be renewed until (a) a public hearing thereon has been conducted by the Town Planning Commission after at least fourteen (14) days advanced notice of the hearing has been published in the official newspaper of the Town and (b) a report on the land disposal facility has been received from the Waste Disposal Officer, Town Planning Commission, Agency. and the auditing company.  After proper consideration, the Town Board may renew the license for one year if the operator has satisfied all requirements imposed under this ordinance and under

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applicable laws and regulations,, including any additional conditions imposed under Section VI, subdivision 6.

Subd. 6.  The Town Board may impose such conditions in addition to those required by this ordinance to the issuance or renewal of a license for any land disposal facility as the Town Board deems appropriate, including but not limited to screening, buffer zones, prevention of standing water, seepage, and percolation, noise and odor abatement, dust control, litter and pest control, proper drainage, access, adequate parking space, special testing, and construction of test wells or other facilities.  Failure of a licensee to comply, for any reason, with any such conditions shall constitute failure of the licensee to comply with the terms of this ordinance.

Subd. 7.  Prior to the issuance of a license and at least annually and at such shorter intervals as may be appropriate thereafter. the Town Board shall, at the expense of the land disposal facility licensee, provide for the monitoring of all water wells which the Waste Disposal Officer deems appropriate to determine whether any water pollution is attributable to the licensee's solid waste land disposal facility.
 

SECTION VII.   INCINERATION AND ENERGY RECOVERY

All incinerators having a capacity greater than 6,000 pounds per hour shall meet the requirements of State rules administered by the Agency.  Additionally, the following requirements shall apply to all incinerators of any size which process solid waste from more than a single household.

Subd. 1.  No person shall install or operate an incinerator without first obtaining a license from the Town Board.

Subd. 2.  The applicant shall meet all requirements a license as specified in Section II of this ordinance.  Furthermore, the Town Board shall not issue a license until the facility comply with the following requirements:

(a)  All of the same criteria for incinerator construction, operation, and maintenance contained in State rules administered by the Agency which presently apply only to incinerators with capacity

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greater than 6,000 pounds per hour.

(b)  Upon completion of the facility and prior to initial operation, the Solid Waste Officer shall be notified to allow personnel of the Town to inspect the facility both prior to and during performance tests.

Subd. 3.  The applicant for a Town license shall include, but  not be limited to, the following:

(a)  An operating schedule and a schedule of fees to be levied at the incinerator.

(b)  A notarized affidavit stating that Washington County and the Agency have been given at least thirty (30) days written notification of the pending application for a license.

(c)  A resolution adopted by the Town Planning Commission that the use proposed is in accordance with the established Town Zoning Ordinance.

(d)  Sufficient documentation to enable the Town Board to determine whether the applicant is financially and operationally capable to properly process and dispose of all solid waste.

(e)  All of the same information required for review by the State rules administered by the Agency which presently apply only to incinerators with capacity greater than 6,000 pounds per hour.

(f)  Such additional data and information as may be required by the Solid Waste Officer.

Subd. 4.  During normal operation the facility shall comply with the following requirements:

(a)  Permanent records shall be maintained for Town inspection as to the quantity of material incinerated, the total quantity of resulting residue, total hours of plant operation, and such other information as the Waste Disposal Officer shall deem appropriate

(b)  Any discharges to the air, or to surface or ground waters of the state shall meet all applicable State rules for air and water quality or effluent standards now or hereafter adopted.

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(c)  All unloading and processing of solid wastes at the facility shall be conducted in a manner as to prevent or eliminate odors, litter, and pests outside the facility.
 

SECTION VIII.   INTERMEDIATE SOLID WASTE DISPOSAL FACILITIES

Subd. 1.  No intermediate solid waste disposal operation shall be constructed, established, maintained, or operated unless the operator or owner thereof has first been issued therefor a license from the Town Board and a permit from the Agency.  The applicant shall meet all requirements for obtaining a license as specified in Section II of this ordinance.  The application for a license shall contain the following information:

(a)  Location, size, and ownership of land upon which the operation shall be situated.

(b)  General description of property use in the immediate vicinity of the operation.

(c)  Complete construction plans and specifications and proposed operating procedures for the operation.

(d)  Rates and charges to be imposed at the operation.

(e)  A notarized affidavit stating that Washington County and the Agency have been given thirty (30) days written notification at the pending application for a license.

(f)  Such additional data and information as may be required by the Solid Waste Officer.
 

Subd. 2.  An intermediate solid waste disposal facility shall be constructed, operated, and maintained in compliance with the following requirements and State rules administered by the Agency.

(a)  A sign shall be posted on the premises indicating the name of the operation, name of the operator in charge and his telephone number, the days and hours during which it is open to the public, and user charges, if any.  The sign shall be approved by the Solid Waste Officer and Town Planning Commission.

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(b)  The premises shall be constructed and landscaped in such a manner as to be aesthetically pleasing in appearance.

(c)  Sanitary facilities and shelter adequate for employees shall be provided on the premises.

(d)  Permanent records in a form acceptable to the Solid Waste Officer shall be maintained indicating the type and quantity of solid waste processed by the operation and any other information the Waste Disposal Officer shall deem appropriate.

(e)  The operation shall be located., equipped, operated, and maintained in a manner which prevents the creation of a nuisance or unsanitary condition.

(f)  The premises entrances and exits shall be maintained in clean, neat, and orderly manner at all times.

(g)  All unloading of solid waste from contributing vehicles shall be conducted in such a manner as to prevent or eliminate odor, litter, blight, and pests outside the facility.
 

SECTION IX.   LICENSE FEES

Approval by the Town Board of an application for a license for a solid waste management facility shall be contingent upon the payment to the Town of a license fee in the amount established by the Town Board.  The amounts of the license fees shall be based upon the cost to the Town of processing the license applications and administering and enforcing this ordinance with respect to said licenses, including the cost of inspection.  The fees prescribed shall be paid by a license  applicant  for each facility maintained.  Solid waste collector's and transporter's fees shall be paid annually as a condition for license renewal.  Non-payment of the annual solid waste collector's or transporter's fee shall be ground for denial of license renewal.  Fees shall be paid to the Town Treasurer prior to issuance of licenses.
 

SECTION X.   TERMINATION OF SOLID WASTE OPERATIONS

Subd. 1.  All land disposal facility operations licensed by the Town shall be terminated in accordance with State rules administered by the Agency, and may be terminated otherwise at any time for the
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sole convenience and at the sole discretion of the Town.

Subd. 2.  The licensee of any operation in Subd. 1 which has water monitoring wells, lysimeters, or other special testing devices which are reviewed by the Town or the Agency for sampling shall establish with the Town an escrow account no later than the date on which the license is granted or, in the case on any license granted prior to the date of this license, one year from the effective date of this ordinance.

The purpose of the escrow account is to set aside adequate funds to continue the sampling required by the Town or the Agency for a period of no less than 75 years from termination of the operation. The Town Board shall specify by resolution the amount of money to be deposited in the account and the terms for payment which shall be made by the licensee to that account.  Failure by the licensee to meet the escrow  account conditions established by the Town Board shall constitute a failure of the licensee to comply with the terms of this ordinance, thereby enabling the Town to use the provisions of Section II. Subd. 5 to make the necessary deposits to the escrow account

Subd. -3.  The Town shall perform all long term monitoring required by the Town or the Agency following termination or abandonment of all land disposal facility operations.

Subd. 4.  The licensee of each solid waste operation shall inform the Town Board in writing of a licensee's intent to abandon or terminate the operation.  Such notice shall be provided in advance of the abandonment or termination date by the following amounts of time:

Land disposal facility operation three years
Transfer station one year
Incineration facility three years
Collection/transportation service one year
All other solid waste operations one year

Failure of a licensee to comply, for any reason, with the above advance notice requirements shall constitute a failure of the licensee to comply with the terms of this ordinance. The Town Board may elect to pay all public and private higher-than-normal  solid  waste management costs which result from premature cessation of a solid waste operation.  The Town may recover these costs through the provisions of Section II, Subd. 5.
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SECTION XI.   HOURS OF OPERATION

The hours of operation of any solid waste land disposal facility shall be limited to 9:00 AM to 5:00 PM Monday through Friday, except that operations shall not be permitted on any legal holiday.

SECTION XII VARIANCES

Upon written application by the applicant or operator, the Town Board may grant variances from the provisions of this ordinance in order to promote the effective and reasonable application  and enforcement of the provisions of this ordinance.  If such variance would result in noncompliance with Agency rules, a variance application must be filed with the agency.

A variance may be granted by the Town Board where the Town Board determines that enforcement of this ordinance would cause the applicant undue hardship, or that the ordinance cannot be complied with due to technological impossibility.  No variance shall be granted until the Town Planning Commission has conducted a public hearing thereon and has made a recommendation to the Town Board.  Such a variance shall not be granted for a period in excess of two years, but may be renewed upon application by the applicant and after a public hearing is held.  A variance may be revoked prior to expiration of the variance by the Town Board at a public hearing.  An application for variance shall be accompanied by a plan and schedule for achieving compliance with the ordinance Prior to any public hearing held by the Town Planning Commission under this provision, persons who may be adversely affected by the granting of this proposed variance shall be given at least thirty (30) days notice to said public hearing Publication of a notice in appropriate newspapers shall be considered adequate notice.
 

SECTION XIII.   NONCONFORMING SITES AND FACILITIES

Solid waste management facilities in existence on the effective date of this ordinance shall conform to the provisions of this ordinance or terminate operations no later than sixty (60) days from that date or if a variance application is submitted to the Town Board within a sixty (60) day period following the effective date of this

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ordinance, ten (10) days after final action has been taken by the Town Board with respect to the application.
 

SECTION XIV.   ADDITIONAL REQUIREMENTS

For the purpose of protecting the public health, safety, and welfare, the Town Board may impose additional requirements consistent with the intent of this ordinance for the operation of solid waste management sites or facilities.
 

SECTION XV.   SEVERABILITY

It is hereby declared to be the intention of the Town Board that that the several provisions of this ordinance be severable in accordance with the following:

Subd. 1.  If any Court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgement shall not affect any other provision of this ordinance not specifically included in said judgement.

Subd. 2. If any Court of competent jurisdiction shall adjudge invalid the application of any provision of this ordinance to a particular structure, site, facility, or operation, such judgement shall not affect the application of said provision to any other structure, site, facility, or operation not specifically included in said judgement.
 

SECTION XVI.   PROVISIONS ARE CUMULATIVE

The provisions of this ordinance are cumulative limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter, covering any subject matter of this ordinance.
 

SECTION XVII.  NO CONSENT

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Nothing contained in this ordinance shall be deemed to be a consent, license, or permit to locate, construct, or maintain any site, facility, or operation, or to carry on any activity
 

SECTION XVIII.  VIOLATIONS

Subd. 1.  Any person who violates or fails, neglects, or refuses to comply with the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished therefor as provided in the Minnesota Statutes.  A separate offense shall be deemed committed upon each separate day during or on which a violation occurs or continues.

Subd. 2.  This ordinance, in addition to other remedies, may be enforced by injunction, action, or compel performance or other appropriate action in District Court to prevent, restrain, correct, or abate violations.
 

SECTION IXX.   EFFECTIVE DATE

This ordinance shall be in full force and effect from and after its passage and publication according to law.

Adopted this 8th day of January 1985.

Eugene Eastland, Chairman

Attest: Sheila Davis, Clerk