§ 130-65. Environmental damage insurance policy.

(a)

Required for private landfill facilities and transfer stations. The commissioner of public works shall require, as a pre-condition of an annual operating permit required under sections 130-63 and 130-64 of this Code, all solid waste sanitary landfill facilities and all solid waste transfer stations or processing facilities which are not operated by governmental agencies to obtain and maintain in force an environmental damage insurance policy, a security bond, a self-insurance certificate or a trust fund certificate in the amount of $1,000,000.00.

(b)

Indemnification. The owners of solid waste sanitary landfill facilities, solid waste transfer stations or processing facilities shall indemnify the city against all claims of damages and responsibilities for cleanup due to environmental degradation of the air, land, surface water and groundwater within the jurisdiction of the city caused by the facility during the period which such owner owned the solid waste landfill, solid waste transfer station or processing facilities.

(c)

Proof of insurance. The owner of a solid waste transfer station or processing facility shall show proof of insurance, self-insurance, a trust fund certificate or a security bond before the owner is issued the annual operating permit by the city.

(d)

Conflict with federal or state requirements. The requirement for obtaining and maintaining in force an environmental damage insurance policy, a security bond, a trust fund certificate or a self-insurance certificate shall not be construed as usurping the financial requirements established by the United States Environmental Protection Agency or the state environmental protection division for closure and postclosure care of the facilities.

(Ord. No. 2004-06, § 1, 1-12-04)