(a)

The city finds that the improper management, handling and disposal of solid waste, hazardous waste, and recyclable and recoverable materials can result in or contribute to the pollution of water, soil, and air.

(b)

It is the city's intent, in adopting the ordinance from which this article was derived, to apply reasonable control and regulation over the storage, collection, transportation, receiving in bulk, separation, processing, recycling, mining and disposal of solid waste, hazardous waste, recyclable and recoverable materials in order to protect the public health, safety and welfare and the environment.

(c)

It is the city's intent to require a landfill construction permit for all solid waste management facilities prior to the construction, operation, modification, or use of the facility to ensure the proper location, design, management, operation and closure of such facilities in order to reduce or eliminate the risks of pollution.

(d)

It is not the city's intent to amend, replace or eliminate requirements for review by other regulatory agencies, such as the Colorado Department of Health and Environment (CDPHE) and Tri-County Health Department.

(Ord. No. 7-2009, § 4, 10-28-2009)

For purposes of this section, the following terms shall have the following meanings:

Landfill. An area where solid waste has been disposed of by burial under a shallow layer of ground.

Leachate. Groundwater removed or recovered from solid waste disposal areas for the purpose of dewatering, surface water or storm water that has come in contact with excavated and/or in-situ solid waste, and liquids that may drain or otherwise be expressed from staged or excavated solid waste, separated or co-mingled soils, and/or recovered screened material.

Recovered screen material (RSM). Fines and/or soils fraction of the material generated through the screening or processing of excavated solid waste or construction and demolition debris.

Solid waste. Any garbage, refuse, sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material that is not naturally found in the earth's surface.

(Ord. No. 7-2009, § 4, 10-28-2009)

(a)

Permit required. No person shall erect, construct, enlarge or alter any building or structure in the city on land previously used for a landfill, or cause the same to be done, without first obtaining a special permit for construction on a landfill from the building official.

(b)

Application. To obtain a permit for construction on a landfill, the applicant shall first file with the building official a written application on a form furnished by the building official. The application shall include, but not be limited to, the following:

(1)

Identification and description of the work to be covered by the permit for which application is made;

(2)

A professionally certified boundary survey, legal description of the property and, property folio number or property identification number on file with the county property assessor's office;

(3)

The use or occupancy for which the proposed work is intended;

(4)

The valuation of the proposed work;

(5)

Signature of the permittee, or authorized agent, who shall be required to submit evidence to indicate such authority;

(6)

The appropriate application fee as established by resolution of city council;

(7)

If the property owner is different from the applicant, evidence of authorization to use the property for the proposed facility;

(8)

Verification that the siting of the facility will not violate any city, state or federal law, ordinance, rule or regulation;

(9)

A vicinity map or plan illustrating the project location in relation to surrounding land use;

(10)

An aerial photograph taken within one year preceding the application;

(11)

A description of the general operating plan for the proposed facility, including equipment to be used and number of personnel;

(12)

Detailed site plans (five sets) of a scale no greater than one inch equals 200 feet. The site plans must be signed, sealed and dated by a professional engineer registered in the state and must include notation of:

a.

Project location and identification of all existing and proposed structures, roadways and other operational appurtenances;

b.

Proposed disposal, handling, storage and processing areas;

c.

Total acreage of the site;

d.

Access control features and any other relevant physical features such as water bodies, wetlands, and areas subject to frequent or periodic flooding; and

e.

Identification of all potable water wells on or within 500 feet of the site boundary.

(13)

Plans and specifications which shall:

a.

Be drawn to scale;

b.

Be of sufficient clarity to indicate the nature and extent of the work proposed, and show in detail that the work will conform to the provisions of the city building code, and all applicable laws, ordinances, rules and regulations;

c.

Include, on the first sheet of each set of plans, the house and street address of the work and the name and address of the owner and the person who prepared the plans and specifications;

d.

Include a plot plan showing the location of the proposed building and of every existing building on the property; and

e.

Include, when required by the building official, computations, stress diagrams, and other data sufficient to show the correctness of the plans.

(14)

A copy of any permit for the control of storm water or documentation that no permit is required. Storm water shall not be impounded or otherwise accumulate atop areas impacted by solid waste disposal or in areas where RSM has been utilized as fill without city-approved engineering controls;

(15)

A signed and sealed general closure plan or site completion plan to include:

a.

Cross section details of any disposal areas with final cover depths and site contours;

b.

Re-vegetation plan details; and

c.

A schedule for the removal and proper disposal of excess solid waste, hazardous waste, and recovered materials.

(16)

Provide such other information as reasonably may be required by the building official.

(c)

Engineering reports. Engineering reports shall be provided to support the permit application. To evaluate the potential hazard to a structure from landslide, settlement, slippage, gas production or gas movement from a landfill, an engineering report(s) prepared by a licensed professional engineer shall be submitted. The engineering report or reports shall contain:

(1)

Detailed site plans which clearly illustrate and delineate the following:

a.

Horizontal and vertical extent of solid waste fill;

b.

All proposed buildings, structures, utility lines or pipes, parking areas, paved or impervious surfaces, and storm water impoundment and conveyance structures;

c.

Solid waste excavation locations, locations where construction will occur atop solid waste fill and where solid waste will be left in place;

d.

Horizontal and vertical extent of areas where RSM will be used as fill; and

e.

Excavated solid waste handling, temporary storage, and processing areas.

(2)

A geotechnical investigation and foundation analysis in accordance with the International Building Code, as adopted by the city and applicable industry standards must be submitted. In addition, appropriate building safeguards must be addressed in order to protect proposed structures that may be constructed on or through solid waste filled areas. The investigations, analyses and reports required by this section shall be certified by an experienced professional engineer registered in the state.

(3)

The applicant must comply with all city, state and federal building codes in order to ensure that proposed structures, pavements, and utility infrastructure will not be damaged by potential landfill subsidence or gas buildup.

(4)

A site assessment plan and site assessment report must be submitted appropriate to the proposed project to demonstrate existing and potential contamination of air, water, soil and groundwater from the solid waste filled areas of the site. Site assessment activities must be conducted under the guidance of an experienced professional engineer registered in the state.

(5)

Landfill-generated gas (LFG) shall be investigated and monitored at all sites requiring a landfill construction permit. LFG mitigation systems and LFG monitoring plans shall be designed, installed, and implemented under the supervision of an experienced professional engineer registered in the state. LFG control systems shall be designed to meet the requirements and standards defined under Section 257.3-8, Title 40 of the Code of Federal Regulations. LFG flare units and/or LFG extraction units may require permitting through the CDPHE air quality control division if such a device is deemed necessary.

a.

LFG shall be monitored prior and subsequent to any excavation or development activity. Data generated through the monitoring of LFG prior to excavation or development activities may be submitted as part of the site assessment report.

b.

All structures and enclosed spaces constructed atop or adjacent to areas where solid waste has been left in place or where RSM has been utilized as fill, will require protection through the design, implementation and operation of a LFG mitigation system.

c.

The design of LFG mitigation systems must provide for the effective collection and venting of LFG that may accumulate beneath structure slabs, foundations, and impervious surfaces and within structures.

d.

A routine LFG monitoring schedule shall be developed and implemented. LFG monitoring data shall be collected through the monitoring of mitigation systems, LFG monitoring wells, and interior monitoring devices

e.

Recommendations shall be provided for preventing the accumulation of decomposition gases within or under enclosed portions of the proposed building or structure; and

f.

Recommendations shall be provided for preventing damage to structure, floors, underground piping and utilities due to uneven settlement of the fill.

(6)

Leachate generated at any landfill shall be managed in accordance with the following:

a.

The off-site discharge of leachate is prohibited unless in accordance with a national pollutant discharge elimination system (NPDES) permit.

b.

Leachate may be re-infiltrated only into areas up gradient of solid waste impacted areas and within areas previously impacted by solid waste disposal. Leachate re-infiltration shall not exacerbate, expand or otherwise contribute to or increase groundwater contamination or groundwater impacts.

c.

Leachate may require treatment prior to re-infiltration. The levels of treatment required will be determined based upon site specific conditions and proposals.

(7)

RSM proposed for onsite reuse and excavated solid waste shall be characterized, managed, reused and disposed in accordance with the following:

a.

Characterization, through laboratory analyses, of RSM proposed for onsite reuse is required.

b.

Analytical data from the in-situ sampling of solid waste and/or soil matrices may not be used to support a reuse proposal in lieu of data generated from the analysis of RSM. Sampling parameters must be approved by the city and must be appropriate for the types of materials which have been encountered during site characterization.

c.

The minimum sampling frequencies at which both discrete and composite RSM samples will be obtained shall be approved by the city. Each composite sample shall be comprised of four randomly selected sub-samples.

d.

The onsite reuse of RSM exhibiting hazardous waste characteristics is prohibited.

e.

RSM found not to exceed leachability based soil cleanup target levels may be reused onsite in accordance with the following:

1.

RSM shall be placed no less than six inches above the seasonal high water ground water elevation.

2.

Direct human exposure of RSM shall be prevented through the design and implementation of approved site specific engineering controls.

3.

Reuse of RSM found to exceed residential use based soil cleanup target levels, shall require the recording of an institutional control in the form of a restrictive covenant in the public property records.

f.

The onsite reuse of RSM or solid waste found to exceed leachability based soil cleanup target levels is prohibited unless specifically approved by the city.

g.

The locations, dimensions, configurations and elevations of all RSM reuse areas must be documented on as-built site plans or site diagrams.

(8)

Unprocessed/unseparated, nonhazardous solid waste excavated from solid waste disposal areas and nonhazardous RSM requiring disposal shall be disposed at a class I solid waste disposal facility permitted by CDPHE. Disposal of excavated solid waste at a CDPHE permitted class III disposal facility may be approved, in writing, by the city with appropriate analytical testing, as determined by the city, and on a case specific basis.

(9)

Excavated solid waste which has been processed/separated shall be disposed at an appropriately permitted solid waste disposal facility or permitted hazardous waste disposal facility.

(10)

A materials management plan must be submitted that documents proposed handling and disposal procedures for wastes, dust control, odor control, vector control, site access and traffic control, erosion control and best management practices. A public relations plan shall also be included if the construction is expected to impact neighboring property owners or the general public.

(11)

No habitable building shall be permitted on a landfill unless:

a.

All contaminated soils are removed and replaced with suitable fill; or

b.

The building is constructed on caissons at virgin land depth and a methane, hazardous gas or chemical mitigation plan which has been approved by the tri-county health department and which plan has been implemented.

(d)

Financial assurance. The permittee shall provide financial assurance in an amount and form sufficient to the city to correct any problems and properly close the site in the event of permittee's default.

(1)

The financial assurance mechanism shall be issued in favor of the city in the amount of the estimated closing costs for the site or facility including any necessary mitigation.

(2)

Proof of financial assurance may consist of one or more of the following instruments: performance bond; irrevocable letter of credit; deposit of cash or cash equivalent into an escrow account or; guarantee bond.

(3)

Proof of financial assurance along with an assessment of the anticipated cost of closure of the site or facility shall be submitted to the city as part of the landfill construction permit application. The city will accept a suitable financial assurance mechanism held by another regulatory agency upon assurance that the funds are available to the city.

(4)

The requirement to provide proof of financial assurance may be waived if the applicant, as determined by the city, provides reasonable assurance which demonstrates that the applicant has the ability to effect proper site closure and that the site will be properly closed even in the event that the proposed development activities are not, for unforeseen reasons, completed in their entirety.

(5)

For sites or facilities which are owned or otherwise under the control of a local government, the requirement to provide financial assurance may be waived provided that verification approved by the site or facilities' governing body, be provided which assures that the local government has the financial resources and ability to effect proper site closure and that the site will be properly closed.

(Ord. No. 7-2009, § 4, 10-28-2009)

(a)

Issuance of permit. The application, plans, specifications and reports filed by an applicant shall be reviewed by the building official. Such plans shall be reviewed by other city departments to ensure compliance with all applicable ordinances, rules and regulations. If the building official determines that the work described in an application and the plans filed therewith conform to all applicable requirements, and that the structure is designed to provide proper ventilation beneath and in the structure, or constructed on a foundation either naturally impervious or so created through design and construction so that explosive gases cannot be trapped or accumulated in or under the structure, and the structure cannot be damaged by uneven settlement of the landfill, the building official shall issue the applicant a permit.

(b)

Compliance with plans and specifications. Upon issuance, the building official shall endorse in writing or stamp on both sets of plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered without prior written authorization from the building official, and all work shall be done in accordance with the approved plans.

(c)

Expiration. Every permit issued under the provisions of this section shall expire and become null and void if the work authorized by such permit is not commenced within 60 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year.

(d)

Appeal. Any appeal of the building official's decision to grant or deny a permit shall be in accordance with the appeal procedures set forth in the most current International Building Code, adopted by the city.

(Ord. No. 7-2009, § 4, 10-28-2009)

The permit fee for construction on a landfill shall be set by resolution of city council and shall be paid in full to the city. The fee is nonrefundable and is in addition to any building permit fee.

(Ord. No. 7-2009, § 4, 10-28-2009)

(a)

Purpose. It is the purpose of this overlay zone to establish reasonable and uniform limitations, safeguards and controls over uses of land designated as and/or adjacent to an operating or former landfill site. Any building, excavation, construction or other use proposed in this zone district shall require flammable gas testing and approval as indicated in this section prior to commencing operation. The requirements of this section are intended to assure the protection of life and property from such related hazards as flammable gas, gas migration, asphyxiation, settlement and explosion.

(b)

Use restrictions. Any parcel of land in the G overlay zone shall be subject to the following use restrictions:

(1)

No construction or other land use shall be permitted until the proposed action is referred to the planning department, the local fire department, and the tri-county health department.

(2)

The tri-county health department and the city's fire department shall be provided flammable gas readings from the site and supply safety information related to construction on a landfill.

(3)

The planning department shall review the proposed land use, and the building department shall review the engineering design and make a recommendation to the building official.

(4)

All comments and recommendations shall be presented to the building official for review and decision.

(c)

Building permits and construction on a former landfill. The building official shall issue a permit only after determining that the following criteria have been met, based on the 20 percent lower explosive limit (LEL) standard formulated by the National Institute of Occupational Safety and Health of the Bureau of Mines of the U.S. Department of the Interior:

(1)

Flammable gas testing shall be conducted at the proposed site in order to determine if flammable gas is present in concentrations of five percent or more by volume (five percent flammable gas is the lower explosive limit).

(2)

All new construction shall be designed by a registered professional engineer to exclude and protect against buildup of over one percent of flammable gas in the structure.

(3)

The safety precautions contained in section 56-657(a) shall be met.

(4)

The applicant shall submit an affidavit from an engineer, registered in the state, to the building official stating the following:

a.

The result of such testing and monitoring shall be submitted to the building official.

b.

That all new construction is in compliance with this section; and

c.

That all testing and monitoring is and has been done in pursuant to this section.

(5)

All excavation sites shall be subject to inspection by the city's fire department.

(d)

Building permits and construction within 1,000 feet of landfill site. The building official shall issue a permit only after determining that the safety precautions contained in section 56-657(b) have been met.

(e)

Applicability. In cases where a building permit has been granted, the uses, restrictions and standards of the underlying zone district shall apply.

(Ord. No. 7-2009, § 4, 10-28-2009)

(a)

For construction on a landfill, the following steps shall be taken to prevent injury:

(1)

A flammable gas indicator shall be utilized at all times during trenching or drilling, or when construction occurs within ten feet of an open excavation.

(2)

When trenching, excavating or drilling deeper than two feet into the landfill, or in the presence of detectable concentrations of one percent flammable gas, the soils shall be wetted and the operating equipment shall have spark-proof exhausts.

(3)

A dry chemical fire extinguisher shall be provided on all equipment used in or on the landfill.

(4)

Personnel within or near an open trench or drill hole shall:

a.

Be fully clothed;

b.

Wear shoes with nonmetallic soles;

c.

Wear an organic vapor mask if LFG concentrations exceed one percent;

d.

Wear a hard hat; and

e.

Wear safety goggles or glasses.

(5)

Exhaust blowers shall be used if the trench shows a buildup of one percent flammable gas or less than 18 percent oxygen.

(6)

Smoking shall not be permitted in any area within 100 feet of the excavation.

(7)

Personnel shall remain upwind of any open excavation, unless the excavation is continuously monitored and declared safe.

(8)

If continuous monitoring of LFG indicates the presence of LFG at concentrations greater than one percent in the breathing zone, all personnel within the work zone shall wear an organic vapor and acid gas respirator while operating the equipment or working in or astride any trench or excavation.

(9)

Before personnel enter an open trench, the trench shall be inspected for flammable gas and a minimum of 18 percent oxygen. The personnel shall also be provided with a continuous flammable gas and oxygen monitor in their work area as long as they remain in the excavation.

(b)

For construction within 1,000 feet of a landfill, the following safety precautions shall be required:

(1)

Areas under construction shall be checked with a flammable gas indicator before excavation to determine if flammable gas is present in the area.

(2)

All excavations shall be monitored for flammable gas and a minimum of 18 percent oxygen shall be maintained within the work area. Monitoring shall be continuous, unless there is no flammable gas in the area.

(3)

Should flammable gas be found in the area, those precautions contained in subsection (a) shall also apply.

(c)

The applicant shall submit an affidavit by an engineer, registered in the state, stating that all testing and monitoring as required by this section has been conducted, and also stating the result of the testing and monitoring.

(d)

Any excavation site shall be subject to inspection by the city's fire department.

(e)

Any person who may be responsible for the emission or discharge of pollutants to air, surface water, ground water, or soil, may be required by the city to conduct, at their expense, tests which will identify and quantify the emission or discharge and to provide the results of such tests to the city.

(Ord. No. 17-2006, § 4, 10-11-2006)

(a)

The city may impose use restrictions and/or engineering controls may be required in order to minimize or prevent the potential for exposure to LFG or contaminants that may be present at a property.

(b)

Any required use restrictions or engineering controls shall be documented in a declaration of restrictive covenants, which shall be recorded by the permittee with the county clerk and recorder and shall be attached to the deed. The intent of the restrictive covenant is to ensure that future property owners are aware of the use restrictions and engineering controls and that successor owners retain responsibility for operation and maintenance of any LFG control systems or other engineering controls.

(c)

If engineering controls are required, a maintenance plan must also be included in the restrictive covenant which ensures that the engineering controls will be maintained in perpetuity, or until the owner can demonstrate that such controls are no longer necessary.

(Ord. No. 7-2009, § 4, 10-28-2009)