§ 130-63. Privately operated solid waste disposal facilities.

(a)

Permit required . Any person desiring to establish and operate a solid waste disposal facility within the limits of the city must first obtain an annual solid waste disposal facility operating permit from the commissioner of public works, with the approval of the city council.

(1)

The permit shall be renewable annually and must be obtained prior to the issuance of a business license. An annual permitting fee of $6,500.00, for the purpose of ensuring that a solid waste disposal facility meets the applicable rules as set forth in this section and as set forth by federal and state authorities.

(2)

Inspections of solid waste disposal facilities shall be performed quarterly at a minimum and additionally as determined necessary by the commissioner of public works.

(b)

Permitted locations . Within the limits of the City of Atlanta, solid waste disposal facilities are permitted only in areas with a Zoning Classification of I-1 or I-2, subject to the development standards listed below. The establishment and operation of any solid waste disposal facility must comply with any and all standards and provisions provided by the Environmental Protection Division of the State of Georgia. Prior to the issuance of any solid waste disposal facility operating permit as required in subsection (a) of this section, all applications must first receive approval from the commissioner of the department of planning and community development.

(1)

Proposed land use and mitigation plan. Prior to the issuance of a solid waste disposal facility operating permit, there must be a proposed land use and mitigation plan (hereinafter referred to as "the plan") submitted to the commissioner of the department of planning and community development that specifies the anticipated future use of the property upon the cessation or termination of garbage disposal activities, which anticipated use must not be inconsistent with comprehensive development plan as adopted by the city council.

a.

The plan must include provisions for the property owner to create a reserve fund, to be held by the property owner, to finance the initial capital expenses of mitigation and establishing the anticipated future use of the property.

b.

The plan shall include estimates of the amount of such capital expenses, based upon the present costs of such capital expenses and a presumed annual inflationary rate of five percent, and a timetable showing the expected life of the solid waste disposal facility.

1.

The commissioner of the department of planning and community development and the commissioner of public works must determine that the cost estimates presented by the applicant are reasonable estimates of the present cost of any proposed capital expenses.

2.

The applicant must estimate present capital expenses in an amount no less than $1,000.00 times the number of acres in the proposed solid waste disposal facility site.

(2)

For each property, the proposed land use and mitigation plan shall include a site compatibility report containing information including but not limited to the following:

a.

A description, survey, ownership and present zoning of the land involved.

b.

An engineering plan prepared by a professional engineer registered in the State of Georgia, which shall contain:

1.

Operation plan. An operation plan shall provide written instructions for the daily operation of the facility. The plan shall be revised when operational procedures change and such revisions shall be filed with the commissioner of public works no less than 30 days before taking effect. The plan shall include detailed procedures where applicable:

i.

Identification of persons responsible for operation and maintenance of the facility, including ownership of facility and corporate structure;

ii.

Contingency operations, alternate waste handling and disposal methods in case of emergency such as a natural disaster or equipment failure;

iii.

Methods for controlling the type of waste received at the site. The report shall specify inspection procedures, number and location of spotters if applicable, and procedures to be followed in prohibited wastes are discovered;

iv.

Weighing incoming waste;

v.

Vehicle traffic control and unloading;

vi.

Method and sequence of filling waste;

vii.

Waste compaction and application of cover;

viii.

Operations of gas, leachate, and storm water controls;

ix.

Groundwater monitoring.

2.

The availability of and equipment for use of a water supply.

3.

The type and capacity of equipment to be used.

4.

Plans for fire, nuisance, water pollution, odor and vermin control.

5.

A diagram and written description of the locations and extent of dikes, earthwork and fill operations.

6.

A hydrological survey.

c.

Such other information as the commissioner of public works may reasonably require including but not limited to the business address of the applicant.

d.

A processing fee of $2,000.00 shall accompany the report of each applicant.

e.

Proof of financial ability to perform under the terms and conditions of the proposed permit.

(3)

Generally. Any applicant for a solid waste disposal facility operating permit shall demonstrate compliance with the following site limitation provisions:

a.

Operations impact buffer zone . An operations impact buffer zone (hereinafter referred to as the impact buffer) shall be maintained upon the premises to minimize the impact of landfilling and disposal operations on surrounding neighborhoods and communities.

1.

Office uses must be a minimum of 100 feet from any abutting property line.

2.

All other activities on the solid waste disposal facility site must be located a minimum of 250 feet from any abutting real property lines and a minimum of 500 feet from the real property line of either any existing residence, or any residence under construction at the time landfilling or disposal operations begin anywhere on the landfill site.

3.

Roads for access to the site may cross the impact buffer so long as roads are located a minimum of 100 feet from the real property line of either any existing residence, or any residence under construction at the time landfilling or disposal operations begin anywhere on the solid waste disposal facility site.

4.

Monitoring wells may be located within the impact buffer, so long as monitoring wells are located a minimum of 250 feet from the real property line of either any existing residence, or any residence under construction at the time landfilling or disposal operations begin anywhere on the solid waste disposal facility site.

b.

Vegetative buffer . A vegetative buffer must be provided between the solid waste disposal facility and any abutting real property line or public street right-of-way. Existing trees and vegetation must be maintained and preserved within 100 feet of any abutting real property lines and any public street right-of-way. Where the natural growth within 100 feet of the abutting real property line or public right-of-way does not effectively screen the solid waste disposal facility site from the view from abutting properties or right-of-way, then screening must be provided.

c.

Vehicular access . All applicants for a solid waste disposal facility operating permit must demonstrate compliance with the following traffic and vehicular access provisions:

1.

Vehicular access to the facility must be paved and may be provided from any street that is not a residential local or residential collector street. Any access point to the facility must be a minimum of 500 feet from the real property line of any residential property.

2.

A metal fence and gate must be constructed at the entrance to the facility and must be closed and locked when the solid waste disposal facility is not in operation. The entrance to the facility must have an operator or attendant in attendance at all times when the facility is in use.

3.

All driveways which serve the site must be wide enough to accommodate two-way traffic at all times and an area on the site must be provided to accommodate vehicles entering the site so that no traffic waiting to enter the site will be backed up on any public right-of-way.

4.

Vehicular access to the facility must be of a nature sufficient enough so as to ensure that the normal flow traffic on any street or public right-of-way will not be obstructed or impacted by vehicles entering and exiting the facility.

d.

Fences . All solid waste disposal facilities shall be enclosed with a fence not less than eight feet tall and no more than ten feet tall, with openings therein not less than those in two-inch mesh wire or some other similar fencing material or device, which shall first be approved by the commissioner of public works and the commissioner of the department of planning and neighborhood development. The fencing shall be adequate to prevent paper and similar or related refuse or waste from blowing from the solid waste disposal facility onto neighboring or nearby property.

(c)

Host fee reserve fund . There is established the host fee reserve fund (hereinafter referred to as "the fund"). This fund shall be administered by the chief financial officer and the commissioner of public works.

(1)

The owner must place funds in a reserve fund annually, in amounts equal to (a) the estimate of the present costs of the capital expenses increased by the presumed annual inflationary rate of five percent, divided by (b) the number of years the solid waste disposal facility is anticipated to be open.

(2)

The first such annual payment into the fund must be made by the property owner prior to commencement of solid waste disposal facility operations, and evidence of such payment in the form of a notarized statement by the property owner, must be presented to the commissioner of public works prior to the commencement of solid waste disposal facility operations.

(3)

On or before each subsequent anniversary date of such notarized statement, the property owner must make the required annual payment into the reserve fund and present to the commissioner of public works a notarized statement from the property owner showing that the payment has been made for the next year of operations of the solid waste disposal facility, and showing the total amount held in the reserve fund. In addition, if the property owner prepares annual financial statements, a copy of the annual financial statement, showing the amount held in the reserve fund, must be sent annually to the commissioner of public works and the chief financial officer during each year the solid waste disposal facility is in operation.

(4)

In the event that the landfill and disposal operations at the site cease prior to the estimated number of years of operation as shown on the submitted timetable, prior to ceasing operations, the property owner must pay all remaining amounts into the fund and present to the commissioner of public works and the chief financial officer a notarized statement showing that such payment has been made and showing the total amount in the fund.

(5)

With the cessation of landfill and disposal operations at any solid waste disposal facility permitted under this section, and following the final deposit of all mandatory funds, the entire balance of the host fee reserve fund shall be assigned to the City of Atlanta for the express purpose of financing all expenses associated with the mitigation and establishment of any future use of the property.

(d)

Authority of the commissioner; revocation of permits . All other phases of the operation of a solid waste disposal facility not specifically mentioned in this section shall be subject to the approval of the commissioner.

(1)

Any and all permits to establish and maintain solid waste disposal facility granted under this section shall be subject to revocation in the discretion of the commissioner, with the approval of the mayor.

(2)

With the cessation of landfill and disposal operations at any solid waste disposal facility due to the revocation of any solid waste disposal facility operating permit, the operator of the facility shall be subject to the provisions of subsection (c)(4) and (5) of this section.

(Ord. No. 2004-06, § 1, 1-12-04; Ord. No. 2017-14(17-O-1157) , § 6, 4-26-17; Ord. No. 2018-52(18-O-1300), § 13, 11-14-18 )