<div class="chunk-title">Sec. 62-59. - Demolition and construction landfills.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               A site plan for a proposed demolition/construction landfill shall be submitted to
               the solid waste manager for review and approval. The site plan shall be submitted
               in accordance with the rules of the department or its agencies.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               The regulations in subsection (c) of this section are designed to accommodate demolition/construction
               landfills in order to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Maintain aesthetic quality, visual character, and overall harmony of the area;
               </p>
            		
            <p class="incr1">
               (2)
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            <p class="content2">
               Promote the maintenance of the area's environmental integrity and the overall health,
               safety, and welfare of the community by providing a review mechanism to insure demolition/construction
               landfills are designed and developed in compliance with local regulations as well
               as those set forth by the department.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Compliance with the following provisions shall apply to all proposed landfill sites
               as defined in this article except that the disposal of on-site generated material
               in residential developments shall not be subject to the regulations herein:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               In accordance with the department and the department's rules, the applicant shall
               obtain an approval letter from the county planning director stating whether or not
               the proposed site is in an area that is zoned and if so, whether the site complies
               with the zone. A letter of approval issued by the planning director shall enable the
               applicant to apply for a demolition/construction landfill permit pursuant to the requirements
               of the department. If the state does not issue a permit, a local permit will not be
               issued. Any violation of the site application permit, or the operations permit as
               issued by the state, shall be considered a violation of this article as well.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               After obtaining all necessary permits, the owner/developer/operator shall have prepared
               a legal description that would be sufficient as an instrument of conveyance of the
               property. This description, along with the site map and a certified copy of applicable
               permits, shall be filed for recordation with the register of deeds. The document shall
               be filed under the name of the owner and shall specifically state that the site was
               granted a permit for disposal of demolition/construction debris. After these documents
               have been properly recorded, a certified copy shall be filed with the county planning
               office and the solid waste manager.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The developer/owner/operator of the disposal site shall provide free and unobstructed
               access during normal operation hours to county officials charged with the administration
               of this article, and to state officials charged with the responsibility of inspecting
               said sites.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If a developer/owner/operator operates a demolition/construction landfill in violation
               of this article, he shall be notified by the county to cease and to properly dispose
               of said waste pursuant to this article. If he fails to do so, the county may petition
               the General Court of Justice to order compliance.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               All existing demolition/construction landfills that do not have a valid permit shall
               comply with these regulations immediately, and failure to do so by December 1, 1992,
               shall constitute a violation of this article. The county may apply to the General
               Court of Justice to require the developer/owner/operator of a demolition/construction
               landfill, which does not have a valid permit, to secure a valid permit or to properly
               dispose of the waste.
               </p>
            		
            <p class="historynote0">
               (Ord. of 12-3-1991, art. IX)
               </p></div>