Show the dead animal shall be responsible the dead animal to an approvdead animal section of an approved sanitary landfill Dead animals shall not be disposed of at a collection station 607 Contracts All contracts entered into pursuant to this Ordinance shall be by of the Millard authority County Commission 608 Service Charges 'Solid W asle The Administrator shall not set or regulate any service charges for waste management by private contractors 609 (Exclusive Service All generators of solid waste other than those operating under permits as authorized in Section 701 shall use the services of the local government or its contractor in which the solid waste is owns PUBLIC NOTTrES Public Notice Advertising Protects Your Right to Know — x ORDINANCE NO 152 AN ORDINANCE AUTHORIZING AND DIRECTING THE PLANNING ESTABLISHMENT MAINTENANCE AND OPERATION OF A COMPREHENSIVE SOLID WSTE MANAGEMENT SYSTEM: THE ESTABLISHMENT AND ENFORECMENT OF NECESSARY AND PROPER REGULATIONS FOR THE MANAGEMENT OF SOLID WASTE THE ESTABLISHMENT AND COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE MANAGEMENT SERVICE CHARGES AND FOR OTHER PURPOSES The Board of County Commissioners of the County of Millard State of Utah dains as follows: I SHORT TITLE This ordinance shall be known and may be cited as the Solid Waste Management dinance of Millard County 2 DECLARATION OF POLICY It is hereby declared to be the purpose of this ordinance to regulate the storage lection and recovery transport processing disposal of solid waste in order to protect the public safety health and welfare and the to enhance environment of the people of Millard County It is further declared to be the purpose of this ordinance to comply with the Code of Solid Waste Disposal Regulations as adopted by the Utah Solid and Hazardous Wastes Committee 3 DEFINITIONS For the purposes of this ordinance the following words and phrases shall have the meaning given herein unless their use in the text of the ordinance clearly demonstrates a different meaning ABANDONED VEHICLE-vehicle that applicable State laws deem to have been abandoned AGRICULTURAL SOLID solid waste that results from the rearing and slaughtering of animals and the processing of animal products and orchard and field crops whose Bulky large sic precludes or complicates their handling by normal collection processing or disposal methods Collection-Tact of removing solid waste from the central storage point at the source of generation site at which solid Collection Siation-waste is concentrated after delivery by the person generating the solid waste and before processing or disposal Commercial Solid waste generated by stores offices and other tivities that do not actually turn out a product Dead that have died u for from any cause except those slaughtered human consumption orderly process of discarding useless or unwanted material land site where solid waste is Dump-- A disposed of in a manner that does not protect the environment Enforcement Agency -- The Agency of this county charged with the enforcement of those aspects of this ordinance related to the protection of the public safety health welfare and environment Generation-Tact or process of producing solid waste wastes such as Hazardous toxic radioactive or pathogenic substances hich require special handling to avoid lness or injury to persons or damage to property Inrineralion-Tcontrolled process by which solid or gaseous combustible liquid waste are burned and changed into gases and the residue produced contains little or no combustible material waste that Industrial Solid results from industrial processes and manufacturing waste Institutional Solid originating from educational health care and research facilities Local Government-public corporation createcd by Government for political purposes and having subordinate and local of legislation: eg a county town powers city etc or combination thereof which have Natural which useful physical or chemical properties exist unused in nature Solid waste from agricultural commercial industrial or institutional activities or a building or group of buildings consisting of five or more units dwelling Incineralor-A- n engineered apparatus ed to burn waste substances and in which all the factors of retention lime turbulence and combustion be controlled individual partnership company public or partnership firm joint stock private corporation association company trust estate or any other legal representative agent or assigns Pollulion-Tcondition caused by the presence in the environment of substances of such character and in such quantities that the quality of the environment is imparied or rendered offensive to live method system or other treatment designed to change the physical form or chemical content of solid waste Recovered which have useful physical or chemical properties after serving a specific purpose and can therefore be reused or recycled for the same or other purposes Rrcovery-Tprocess of obtaining ma " al or energy resources from solid waste Synonyms: extraction reclamation still salvage Eoergy obtaining of and available from the heal generated solid waste is incinerated Recycling The process by which recovered resources are transformed into new products in such a manner that the energy original products lose their idenuy Rendering-process of recovering ty substances from animal parts by heat treatment extraction and distillation Residential Solid solid waste ll that normally originates in a residential vironment This definition is applicable to the solid waste from a building of four or less separate units act on of changing the Reprocessing-Tcondition of a secondary material reintroduction of a commodity into an economic stream without any change in its physical characteristics Salvage-Tof waste utilization materials controlled removal of Salvaging-Twaste materials for utilization Sanitary Iandfill-- site where solid waste is disposed using sanitary landfilling techniques Sanitary Landfilling-A- n engineered method of disposing of solid waste on land in a manner that protects the environment by spreading the waste in thin layers compacting it to the smallest practical volume and covering it ith soil by the end of each working day uncontrolled removal of Scavenging-Tmaterials at any point in solid waste management or rejected material or parts of material that result from manufacturing operations and are suitable for or recycling reprocessing Home that never leaves the manufacturing operation and is routinely reprocessed (Also referred to as revert millbroke or scrap scrap) Industrial that is generated during the manufacture of a product Material-material that is Secondary utilized in place of a primary or raw material in manufacturing a product Separalion-Tdivision of systematic solid waste into designated components Solid unwanted or discarded material with insufficient liquid content to be free flowing Solid Waste Management-Tpurposeful systematic control of the generation storage collection transport separation processsing and disposal of recovery solid waste interim containment of solid in an approved manner after generaand prior to ultimate disposal movement of solid waste Transport-Tsubsequent to collection 4 ADMINISTRATOR The Millard County Administrator (herein referred to as "Administrator”) shall waste tion initially be responsible for the administrative management of this ordinance and the rules and regulations authorized in Section 603 The Millard CounTy "Commission may by Resolution appoint any other individual to act as Administrator hereunder 5 ENFORCEMENT AGENCY The Millard County Sheriffs Office shall be responsible for the enforcement of those aspects of this Ordinance related to the protection of the public safety health welfare and environment of this ordinance and the rules and regulations authorized in Section 801 6 POWERS AND DUTIES OF THE ADMINISTRATOR 601 Solid W aste Management Plan The Administrator in cooperation with the Millard County Commission and with the advice of the Solid Waste Advisory Board shall survey the solid waste management practices within the County and prepare a Solid Waste Management Plan to be compatible with the State plan showing therein all present management activities and recommended management activities for future use taking into consideration population growth solid waste generation land development regulations and overall system management including organizational financing and regulatory capabilities The plan shall consider the qualitative and quantitative increases in the solid waste expected to be generated within the area governed industrial from residential commercial and agricultural sources and shall be submitted to the State for review and approval The plan developed should not only consider area wide approaches but must be designed to be operational and when implemented must be an environmentally acceptable and economically efficient solid waste management system 602 Solid Waste Management System Administrator shall prov ide for a solid waste management system consistent with the Solid Waste Management Plan concollection sisting of storage transport proand disposal cessing separation recovery through public ownership or through The clusive agreements or all with one or more persons of such solid waste system through the permits in Section 604 and 701 authroie any person to solid waste which he generates the manage pursuant to the terms of this ordinance 603 Rules and Regulations The Millard County Commission may by Resolution adopt revise revoke and enforce rules and regulations governing the administration of this ordinance 604 Permits The Administrator is hereby authorized to issue permits for all elements of solid waste management cluding alteration of existing facilities or systems All such permits shall be shall be for a term of one year and shall be subject to the fees set forth in Section 14 All permits so issued shall be conditioned upon observance of the laws of this State the ordinances of this governing authorizbody and the rules and regulations ed herein 605 Bulky Waste The person generating bulky waste shall be responsible for delivering the bulky waste to an approved bulky waste section of an approved sanitary landfill within Millard County Bulky waste shall not be disposed of at a collection station 606 Dead Animals The person that for a part or he may for delivering ed generated I PERMITS FOR THE MANAGEMENT OF SOLID W ASTE 701 Permit for the Storage T ran sport and Disposal of Solid W asle by Processing the Generator thereof The Administrator shall prepare application forms for all such the permits following requiring information: a The name and address of the applicant showing its legal identity (corporation partnership association etc) b The business address of the applicant c The types of waste to be covered by the permit d The methods of storage transport processing and disposal e Proof of all insurance required by this ordinance (State financial responsibility limits for motor vehicles etc) f The route or routes to be used in transporting and schedules used g The location and type of processing andor disposal contemplated h Information as required to indicate compliance with the Occupational Safety and Health Environmental Protection Laws of the federal andor state governments 702 Permit to Locate and Operate an cinerator The Administrator is hereby authorized to prepare application forms for permits to locate and operate incinerators or to operate existing incinerators in this the locality requiring following information: a The name and address of the applicant its legal identity (individual partshowing nership corporation etc) b The business address of the applicant e A full legal description of each site cluding the name and address of each owner of record If not owned by the applicant documentary proof of the right to use the site with the appropriate site plans d Clear evidence of approval by all other regulatory agencies e Operational plan including classification anticipated volume and weight of solid waste to be incinerated hours of operation anticipated volume and weight of residue and resource recovery activity f The method of transporting the residue from the incinerator the destination and identity of the carriers involved of all insurance required by g Certificates this ordinance h All other information reasonably quired by the Director to fulfill the intent of this ordinance 703 Permit to Locate and Operate a Resource Recovery Facility The Administrator is hereby authorized to prepare application forms for permits to locate and operate facilities to recovery material or from solid waste within the energy resources the locality requiring following information: a The name and business of the applicant b Clear ev idence of approval by all other regulatory agencies c A full legal description of each site cluding the owner of record or if nonow ned documentary proof of the right to each site with appropriate site plans d An operational plan including the classification volume and weight of solid waste to be delivered the materials to be recovered volume and weight of anticipated nonrecoverable residue and hours of operation e The method of transporting the residue from the recovery the destination facility and identity of the carriers involved f Certificates of all insurance required by this ordinance g All other information reasonably quired by the Director to fulfill the intent of this ordinance 704 Permits to Issue If the application for any permit required herein shows that the applicant will perform the services or operate the facility or both for which the in conformity with the laws permit is sought of this State locality and the provisions of this ordinance including all rules and authorized herein and in conforregulations ming with the Solid Waste Management Plan set forth in Section 601 hereof the permit or permits shall issue If in the opinion of the Administrator modifications can be made which will bring the application within the intent and purpose of this ordinance he shall notify the applicant or applicants in writing setting forth the corrections to be made and the time in which such corrections shall be completed 705 Permits Denial If the applicant fails to make the corrections pursuant to the notice given under Section 704 within the lime limit specified therein or if the application does not clearly show that the applicant will render services or operate the facility without health hazard or adverse effects on the environment the application shall be denied and the applicant notified in writing stating therein the reasons for the denial Nothing in this section shall prevent any ap- plicant from reapplying after the rejection of his application provided the quirements of this ordinance are met 706 Permit Number Display All motor vehicles operating under any permit required by this ordinance shall display the permit number or numbers on each side in colors which contrast with that of the vehicle such numbers to be clearly legible and not less than 12 inches high 8 POWERS AND DUTIES OF THE ENFORC EMENT AGENCY 801 Rule and Regulations The Millard County Commission shall adopt revise revoke and enforce rules and regulations governing the health safety welfare and vironmental aspects of solid waste management within this locality These rules and regulations must be compatible whh state law and applicable state rules and regulations 802 Inspection in order to insure compliance with the laws of this State the dinances of this locality and the rules and regulations authorized herein the Enforceis authorized to inspect at ment Agency reasonable time all phases of solid waste management within this locality 803 Notices In all instances where such inspections reveal violations of this dinance the rules and regulations governing solid waste management or the laws of this State the Enforcement Agency shall issue Written notice for each such violation staling therein the violation or violations found the date and lime of such violation and the corrective measures to be taken together with the time in which such corrections shall be made All such notices shall be kept in a clearly marked file and shall be for public available inspection business hours 804 Citations holder permit have the corrective taken within where been not specified during In all notices the Enforcement Agency regular involving measures the time shall cite the violator to appear before the Adin those ministrator provided however cases where an extension of time will permit correction and where there is not public health hazard created by the delay one tension of time not to exceed the original period may be given In all instances where the inspections authorized in Section 802 reveal violations of the laws of this State the ordinances of this locality in the rules and regulations tion 801 or when the Enforcement Agency is aware of any such violation the violator shall be cited to appear in Court at a day and time shown in the citation 80401 Hrarings for Permit Denial Revocation The Enforcement Agency shall appear through its authorized personnel its evidence and present through the Millard County Attorney's Office of the violations charged The permit holder cited may appear in person or through his attorney and the Enforcement Agenmay cy witnesses prior to presenting evidence on his behalf shall 80402 Opinion The Administrator decide the issue and shall within ten (10) of the hearing render days of the conclusion an opinion in writing in which opinion he may suspend or revoke the permit or permits involved in the hearing 805 Injunction In all cases where the violation of this ordinance or the rules and regulations authorized herein or the laws of this State create an immediate threat to the safety health welfare or environment of the residents of this locality the Enforcement Agency shall cite the violator stating therein the necessary corrective measures to be taken and shall order same to begin forthwith if such corrective measures are not taken forthwith the Enforcement Agency shall notify the Millard County Attorney who shall immediately apply to the Court for an injunction prohibiting further violation as shown in the notice authorized in Section 803 The provision of this section shall be in addition to and not in substitution of any other section or sections 9 SOLID W ASTE MANAGEMENT ADVISORY BOARD 901 Appointment There is hereby created the Solid Waste Management AdBoard visory The Millard County Commis- sion shall appoint three (3) residents from this County to serve upon the Advisory Board Each municipality within Millard County that participates in the Millard County sanitary landfill operation shall appoint one (1) resident of their respective municipality to the Advisory Board The Millard County however Commission shall fill vacan- created in the positions appointed by it and each municipality shall fill any vacancy however created in the position appointed by that respective municipality Any appointee shall serve out the unexpired term of the person who is replaced All appointments shall be by resolution 902 Terms The terms for the board members appointed by the Millard County Commission shall be for four (4) years provided however that in the initial term one (I) member shall be appointed for two (2) years one ( member shall be appointed for three (3) years and one (I) members shall be appointed for four (4) years as more set forth in the resolution apspecifically The term pointing these board members members for the municipality board members shall be as determined by each cies municipality The Ad903 visory Board shall within thirty days after its full appointment hold a meeting at which it shall elect its officers and adopt governing the conduct of its business The Board shall meet not less than one time in each quarter year The Board President or a majority of the Millard County Commission or a quorum of the board may call an emergency meeting at any time 904 Duties The Advisory Board: a shall advise the Administrator in the preparation of the solid waste management plan including the selection of solid waste management sites within this locality b may review permit application forms and recommend revisions thereof which shall be consistent with the terms of this ordinance called under c shall attend all hearings this ordinance for the adoption revision or revocation of rules and regulations authorizrecommendasuch It herein ed may make tions to the Administrator as arc authorized by its d shall attend all public hearings called by the Administrator for establishing or altering rates charges or fees required by this ordinance It may make such recommendations to the Administrator as are authorized by its e mw attend any hearings held by the Administrator regarding complaints arising from the administration of (his ordinance The Advisory Board may make recommendations to the Administrator which in its opinion would alleviate the cause of such complaints Board In all such hearings the Advisory shall participate through the Administrator only and all recommendations shall be in wri' OF I 1ME AND FREQUENCY COLLECTION Millard Coaaty L'SPS The person generating the solid waste for transporting the solid shall be responsible station at their expense waste to a collection The Administrator shall be responsible to develop a pickup schedule for each collection station within the County on an as needed basis after giving due consideration to solid waste quantity pest control odors etc Each municipality shall be free to choose as they so desire any collection system to collect solid waste from their community and deliver to the collection station nearest that municipality II SANITARY LANDFILL SITE OPERATION The Sanitary landfill site shall be operated as follows: 01 Al least six inches of earth shall be placed after each operating day over all waste material after compaction to the smallest practical volume A minimum of two feet of earth shall be placed over any completed segment of the site Final grading shall provide effective surface drainage 02 The working face shall be limited to the smallest area practical to confine the amount of exposed waste without interfering with effective operation procedure 03 Adequate equipment for trenching compacting and covering shall be available and in operating condition 04 Qualified personnel shall be at the site to supervise activities during all hours of scheduled operation 1105 Open burning at the Sanitary Landfill site shall not be permitted 1106 Adquate fire protection shall be provided This may include arrangements made with the nearest fire department to control any fires which may occur al the site 1107 Litter control along access roads and at the site shall be accomplished by of the areas as often as necessary to prevent unsightly conditions 1108 Provisions for dust control al the site and along access roads shall be plemented as necessary 1109 The administrator shall keep records of the amounts of solid wastes This may be done by estimating area cepted filled at the site by measuring the volume or by weighing material of waste deposited brought to the site The amount and location of the area completed shall be recorded and kept on file 10 Appropriate rodent and insect control procedures shall be implemented as necessary be crushed and then pushed such as appliances onto the fact near the bottom of the cell or separate disposal area Other bulky such as demolition and construction debris tree trunks or stumps and large timbers should be pushed onto the working face near the bottom of the cell or into a separate disposal area 1112 Dead animals recieved at the site should be deposited onto the working fact at or near the bottom of the cell with other solid wates or into a separate disposal area provided they are covered immediately with six inches of earth to prevent odors and the propagation and harborage of rodents and working into a items insects 1113 wastewater concise statement Water treatment treatment ing no free moisture working face and plant should plant and digested sludges containbe placed on the covered with municipal wastes PHASING OUT OPEN DUMPS 1201 Absence of rats and other vermin shall be positively established When rats or other vermin are present the administrator shall lake affirmative steps to control the population of rats and vermin 1202 All fires shall be extinguished before final cover of earth is applied 1203 All solid waste shall be consolidated compacted and covered with at least two feet of suitable cover material 1204 The final grading shall be complished to provide proper surface drainage and to avoid ponding the area should be 1205 If feasible planted with grass or other vegetation 13 FEES 1301 Establishment and Payment The Millard County Commission shall be responsible for establishing by resolution minimum fees for residential and commercial users of the Millard County solid waste Each municipality within Millard system County that participates in the Millard County sanitary landfill shall be responsible for the establishment and collection of fees for residential and commercial users within the boundary of their respective however said that provided municipalities fees so established shall not be less than the minimum amounts established by Millard County The fees established by each municipality need not be equal in amount The fees established 1302 Collection by Millard County for the users that are within the unincorporated areas of Millard Counsolid 12 by Millard County with ty may be collected the real property taxes collected by said county or in any other manner approved by the Millard County Commission The Millard County Treasurer is hereby authorized to add to said tax notice the amount due from that person for the operation of the Millard County sanitary landfill In the event said amount is said system amount is not paid when due it shall become an enforceable lien against the property and shall become collectable in the same manner as any other delinquent property taxes Each municipality shall be responsible for the collection of the fees due from persons within their respective municipality Each municipality shall remit to Millard County on a quarterly basis the fees due from the residents of the respective municipalities whether or not said fees have actually been collected Each municipality shall provide to Millard County sufficient information to allow Millard County to determine the number of users of the Millard County sanitary landfill system within the respective municipality 14 INSl RANGE 1401 Performance Bonds All persons who contract with this governing body to manage solid waste shall furnish performance bonds conditioned upon the faithful performance of their agreements All such bonds shall be written by an insurance comin this to transact business pany licensed State and shall be for a sum of not less than of the annual sum paid to each such contractor No such bond shall exceed I00’ the act being appealed the grounds for its reversal The Millard County Commission within 1111 Certain bulky wastes automobile bodies furniture and should Thar May 22 1986 - Page 15 of the annual contract payment to each contractor Each performance bond shall be for a period equal to the initial contract term or any extension thereof 1402 Payment Bonds Each contractor referred to above shall not less than ten (10) days after the execution of each contract deliver to the Administrator proof of a payment bond executed by a surety company licensed to transact business in this State guaranteeing payment of wages to all of the contractor and the cost of employees all supplies materials and insurance premiums required in fulfilling each contract 1403 All contractors liability Insurance and permit holders under the provisions of this ordinance shall furnish pi oof to the ministrator of liability insurance covering all aspects of their activities under this dinance No personal injury policy shall be for less than 550000000 per person or 5100000000 per accident All policies quired by this ordinance shall have a minimum cancellation period of not less than 30 days after receipt in writing ot the notice of cancellation by the Administiator 15 PERMIT RENEW AL holder desiring to renew an Any permit existing permit shall complete and submit to the Administrator an application thereloi not more than 90 days nor less than 30 days before the expiration date thereof and shall tender with each application form such mit fees as are herein below required 16 PERMIT I EES Each application for a permit or icnewil application shall be accompanied by a tified check or money order in the following amounts: a 701 550000 b 702 525000 (Incineration) c 703 $50000 (Resource Recovery) All fees required by this section shall be placed in the special fund of this governmental agency created for operation and maintenance of the Millard Counts Sanitary andlill 17 APPEALS Any person who feels aggrieved by any action of the administrator may within fourteen (14) days of the act for which icdiess is sought appeal to the Millard Counts Commission in writing setting forth in a thirty and shall the receipt following appeal schedule a hearing (30) days of each written date and notify the appellant and the ministrator in writing of the date and time of the scheduled hearing 1 he appellant may appear on his own behalf or ihiough counsel he and may present his witnesses Administrator may present rebuttal testimony and witness The Millaid County Commission shall within fifteen (15) days alter the hearing notify the Adniinstatot of its decision and recommendations and shall forward one copy to the appellant 18 APPEALS Al 1ERNAIIU Any person who feels aggneved by any act of the Administrator may waive the of Section 15 and within the time limit specified therein appeal directly District Court of Millard County to the lah appeals authorized herein the opinion of the Admmistraioi shall remain in full force and effect 19 COMPUTATION OF I IMF The time within which an act is requited by law to be done shall be computed by cluding the first and including the last day: except that when the last day falls on Sunthen the Act may be day or a legal holiday all During done on the next succeeding or a legal holiday day which is not Sunday When a public office in which an act by law is to be peifoimed is closed to the public tor the entiie day which constitutes the last day for doing such act or before its usual closing lime on such day then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday 20 TITLE TO WAS IE In the absence of an agieement to the contitle to the solid waste shall vest in the trary owner of each management activity or facility in which the solid waste is placed 21 PROHIBITED ACI MILS 2101 Dead Animals It shall be unlawful to place any dead animal or parts thereof in a container for collection without the conthis however sent of the Director provided section shall not apply to animal pans from food preparation for human consumption 2102 Littering It shall be unlawful to place or allow to be placed any solid waste upon the roads streets public or private property within this county contrary to the provisions of this ordinance 2103 Acts Contrary to Ordinance shall be unlawful to store collect transport transfer recover incinerate or dispose of any solid waste within the boundaries of this locality contrary to the provisions ot this ordinance chicle Construction It shall he 2104 unlawful to transport any solid waste in any vehicle which permits the contents to blow sift leak or fall therefrom 2105 No Interference with Authorized Solid Waste Management It shall be unlawful for any person to interfere with any employee of Millard County or any of a contractor while in the employee formance of their duties as authorized by (his ordinance Prohibited It shall be 2106 Scavenging unlawful for any person to scavenge any solid waste within the boundaries ot this locality 2107 ul unlawf statement False information It shall be for any person to make any false in any application required by this ordinance 2108 Dumps Prohibited It shall be unlaw ful for any perso use or operate a dump 2109 Illegal Use of Permit Number It shall be unlawful to display any permit number unless the person displaying such number or numbers holds a valid permit or permits therefor 21 10 Hazardous Waste No peison shall place any hazardous waste in any container for collection transport processing or disposal until the Enforcement Agency has approved in writing the method of storage transport processing or disposal continued next page |