Newark Municipal Code Art. III Dump Permit Regulations

No person shall dump, deposit or dispose of, or to cause or to permit the dumping, depositing or disposal of waste, garbage, rubbish, refuse, industrial waste, or commercial garbage, or any thereof, on premises in the city other than where produced, except upon premises where disposal of the waste, garbage, or commercial garbage, is authorized by a license and permit issued pursuant to the provisions of this chapter, or upon premises provided for such purpose by the city; provided, however, that no such license or permit shall be necessary for the disposal of earth, rock, concrete, cement, gravel, sand, plaster, ashes, glass, metal scrap, crockery, shells, cinders, clay, loam, and other noncombustible inorganic refuse when used for purposes of landfill, if the material is not otherwise dangerous to health and safety, and the operations do not block or impede natural drainage channels, drain ditches, canals, or drainage outlets, or result in pollution or contamination of waters. A violation of any of the provisions of this section shall constitute a misdemeanor.

(Ord. 18.1 Art. III § 1, 1956)

Any person desiring to operate any premises or site as a dump in the city shall file an application for a license and permit to so operate the property with the county health officer on a form for such purpose obtained from the county health department. The application shall be accompanied by a fee of fifty dollars to cover the cost of inspection and investigation of the application and premises. If the application is denied no part of the fee shall be refunded.

(Ord. 18.1 Art. III § 2, 1956)

An application for a license and permit to operate a dump must be made in writing and signed by the applicant and must show the following:

A. A plan showing the following facts about the site:

1. The site in its entirety, drawn to scale;

2. The water table; depth to highest known water table usable for domestic or industrial purposes and the source of such information;

3. Any contiguous water way or drain;

4. Wells, capped or uncapped, including well logs if available, and springs;

5. Elevations and slopes, indicated by contour lines;

6. Type of soil;

7. Existing and proposed building locations;

8. Intended points of ingress and egress;

9. Interior roads and ramps;

10. Location and type of fence;

11. Kinds of materials to be disposed of on site.

B. The plans shall be accompanied by a report that includes the following:

1. The legal description of the site;

2. The name, address and telephone number of applicant and of its principal officers;

3. The name, address and telephone number of the manager, foreman, superintendent or other person in direct charge of operations;

4. Any fictitious name proposed to be used;

5. The proposed method of operation, including the location of cuts, the type of equipment to be used, the source and type of all cover material, water supply and sewage disposal;

6. Date of application to the city for a use permit under the zoning ordinance, including certified copy of the permit, if issued;

7. The method of fire control as approved in writing by the local fire chief;

8. The plans and report shall be submitted in duplicate.

C. A statement that the applicant will comply with the requirements of this chapter now in force or as hereafter amended and with the conditions of the permit issued pursuant thereto.

D. Renewal applications need not be accompanied by the plans and report required by subsections A and B of this section, if the same are on file in the county health department and are incorporated by reference thereto in the renewal application together with the statement that there is no change in such plans and report.

(Ord. 18.1 Art. III § 2.1, 1956)

A violation of any regulation contained in this section shall constitute a misdemeanor. For each regulation violated and for each day that a violation continues, the person so violating shall be guilty of a separate and distinct offense. The method of disposal used on any dump for the disposal of waste, garbage, refuse garbage, or industrial waste, except cannery waste, shall be the method commonly known as the "sanitary landfill" method, by means of either the "fill and cover" or "cut and cover" type of operation, in which the dumped material is compacted and completely enclosed with a tight earth cover at the end of each day's operation in order to eliminate odors and prevent fires, rodent and insect infestation. The dump operations shall conform to the following minimum requirements of Sections 8.04.270 through 8.04.310.

(Ord. 18.1 Art. III § 3 (part), 1956)

A. Reasonable compaction of all material placed on the dump shall be continually effected by the use of bulldozers or other equipment, so as to properly eliminate voids.

B. A minimum six-inch seal shall be deposited and maintained over the top, sides and face of the dumped material by the end of each day's operation, the seal to consist of loose soil or equivalent in organic materials, well-compacted, and free of any large boulders, broken concrete, plaster or similar material which would provide entry or harborage within the fill for rodents and insects.

Provided, however, that if in the opinion of the county health officer such minimum seal does not eliminate odors and prevent fires, rodent and insect infestation, an additional seal of well-compacted inorganic material shall be placed upon the dumped material sufficient to eliminate odors and prevent fires, rodent and insect infestation. If the licensee questions the reasonableness of any order of the county health officer requiring a seal in addition to the minimum six-inch seal, the city council, upon written request of the licensee, shall hold a public hearing upon such question pursuant to the provisions of Article IV of the chapter.

C. Each day's dumping operations shall be limited to an area in which the disposal operations can be completed by the end of the day's operations according to the provisions of this chapter.

D. No open fires or burning of any type shall be permitted at the dump site. Any and all comfort heating devices maintained on the premises shall be approved by the local fire chief.

E. Feeding of hogs or other animals at the dump site will not be permitted.

F. A representative of the permittee shall be present during dumping and covering operations to control and supervise the activities.

(Ord. 18.1 Art. III § 3(I), 1956)

Toilet facilities shall be provided and properly maintained on the premises. A portable (chemical) type toilet, or approved sanitary privy may be used in lieu of a water-flushing-type toilet.

(Ord. 18.1 Art. III § 3(II), 1956)

A. The property shall be enclosed with an approved and suitable type fence in order to prevent blowing of rubbish off the property and unregulated or unauthorized dumping. The fence shall be properly maintained at all times, and its gates shall be kept closed and locked during hours when the dump is not open for business.

B. Salvaged material shall be removed from the premises weekly, or stored in such a manner as to prevent rodent harborage or breeding of insects, or to constitute a fire hazard. The residue from salvage operations shall be placed in the current dumping area.

C. Suitable methods shall be used to minimize dust in the dumping area and on all unsurfaced roadways in use.

D. Sheds and other buildings shall be constructed in such a manner as to prevent rodent harborage and so as not to constitute a fire hazard.

E. Inspection of the premises shall be made by the permittee or operator at least once a week for rodent burrows, droppings or other evidence of rodents, and evidence of insect breeding. Any infestation shall be effectively controlled by the proper use of poisons, gas, traps, or insecticidal sprays, as necessary.

(Ord. 18.1 Art. III § 3(III), 1956)

A. Water and equipment for firefighting purposes shall meet the minimum requirements as specified in writing by the local fire chief.

B. An approved sanitary drinking water supply shall be provided on the site.

C. All surface waters shall be diverted so as to prevent percolation through any of the dumped material or erosion of the filled and covered sections of the dump. This diversion may be accomplished by placing a berm or levee around the dump area; taking all precautions necessary to assure that any waters diverted by the berm or levee shall be guided to proper storm drain facilities, or as so ordered.

D. Dumping operations shall be kept a distance of at least fifty feet from the official edge of any watercourse, drain or proposed drainage channel.

E. No excavation for dumping operations shall be made to a depth greater than two feet above the highest known water table usable or used for domestic or industrial purposes. Any existing excavations intended or proposed to be used for dumping operations and extending to or into a used or usable water table shall be backfilled to a minimum of two feet above the water table with clean earth or sand, well compacted.

(Ord. 18.1 Art. III § 3(IV), 1956)

The method or methods utilized for the disposal of cannery wastes shall be the sanitary landfill method described in this section, where the cannery wastes can be satisfactorily disposed of along with other garbage and refuse. Cannery wastes which by their nature cannot be satisfactorily disposed of by such method shall be disposed of by such other method or methods as may be approved by the county health officer. If the licensee questions the reasonableness of any order of the county health officer regarding the methods to be employed in the disposal of cannery waste, the city council, upon written request of licensee, shall hold a public hearing upon such question pursuant to the provisions of Article IV of this chapter.

(Ord. 18.1 Art. III § 3(V), 1956)

The county health officer shall make an investigation of the proposed dump site and of the facts set forth in the application, and if the county health officer finds that the applicant will in fact comply with all the requirements of this chapter and with the provisions of Chapter 8.08, and that the dump operations will be conducted in such a manner as to accomplish the objects and purpose of this chapter, he shall issue a license and permit for the site, subject to such reasonable conditions and limitations as are required under the circumstances of the particular operation, showing the number of the permit and the year for which issued. The permittee shall display in a conspicuous place on the dump site the license issued therefor.

(Ord. 18.1 Art. III § 5, 1956)

The permit and license authorizing the operation of a dump shall be subject to revocation after notice and hearing, as provided in Article IV of this chapter, for failure to comply with the requirements of this chapter or with the conditions of the permit and license.

(Ord. 18.1 Art. III § 6, 1956)