§ 1021-5. License.

(a)

No person shall establish, modify, operate or maintain a junk facility without a license from the health commissioner.

(b)

The health commissioner shall issue a license for junk facilities within 30 days after receiving a complete application, accompanying plans, specifications, and information. The license for such facilities shall be issued yearly after review and approval by the health commissioner prior to each year's renewal. All licenses issued shall expire December 31 of each year. All applications for renewal shall be submitted to the health commissioner with the required fee not later than 90 days prior to the expiration date of the current license. If no objection to the renewal is made to the health commissioner within 30 days, operation of the facility can continue and a renewal license shall be issued. If a late application is made for renewal, the health commissioner shall have 90 days in which to approve or deny such application. A new license shall be secured before the facility shall be placed in operation which will allow operation or maintenance until the following December 31. All licenses shall be in writing and shall state the conditions thereof, and the term for which the license is granted. It shall be unlawful for any person to conduct, operate, maintain, or manage any facility without complying with the requirements of this chapter.

(c)

The annual fee for a license to establish, modify, operate, or maintain a facility shall be six hundred dollars ($600.00). In addition, a bond must be posted in the amount of one hundred thousand dollars ($100,000.00). The bond is required to ensure compliance with this chapter.

(d)

Application for a license to establish, modify, operate, or maintain a facility, shall be submitted to the health commissioner and shall contain the following:

(1)

A topographical map containing pertinent information for the orderly development, conduct, and completion of the facility, with the final elevation indicated.

(2)

A surface water site investigation report, including drainage to, adjoining property, metropolitan sewer district, stormwater management, or ground water.

(3)

A report describing any soil or surface water contamination.

(4)

A report showing the number, age, type, and size of equipment to ensure the proper operation of the facility and showing details of fencing and/or berming roadways and landscaping.

(5)

A report disclosing the ownership of the land upon which the facility is located and an accurate description of the boundaries of the facility.

(6)

A report describing the financial viability of the operation.

(7)

A report certifying that the applicant has met the pertinent air, building, fire, health and zoning code requirements for the facility.

(e)

The health commissioner shall not issue a license to establish and operate a facility without proper diking when any portion of the facility is proposed to be located in either of the following locations:

(1)

Within the boundaries of the one-hundred year flood plain of a watercourse, as those boundaries are shown on the applicable maps prepared under the "National Flood Insurance Act of 1968," 82 Stat. 572, 442 U.S.C.A. 4001, as amended. With respect to watercourses or portions thereof for which no such maps have been prepared, the boundaries of the one-hundred year flood plain shall be determined by the applicant for a license based upon a design storm of seven inches of precipitation in twenty-four hours and upon standard methodologies set forth in "Urban Hydrology of Small Watersheds" (Soil Conservation Service Technical Release Number 55) and Section 4 of the "National Engineering Hydrology Handbook" of the Soil Conservation Service of the United States Department of Agriculture.

(2)

Within the boundaries of a sole source aquifer designated by the administrator of the United States Environmental Protection Agency under the "Safe Drinking Water Act," 88 Stat. 1660 (1974, 42 U.S.C.A. 300f), as amended.

(f)

The health commissioner may permit existing junk facility to spread significant capital expenditures, in excess of five thousand dollars ($5,000.00), over a period of years, not to exceed five (5) years.

(Ordained by Ord. No. 345-1995, eff. Nov. 24, 1995)

Cross reference

Penalty, § 1021-99.