§ 474.103. Permit required.

(a)

No sludge disposal or utilization site shall be constructed, operated, modified, maintained or expanded in the City after June 30, 1986 without a currently valid permit from the Director as provided in this chapter. Prior to the Director issuing a permit as required by this chapter for a sludge disposal or utilization site, the applicant shall file with the Director, either a zoning certificate from the Planning and Development Department, stating that the limited land application of sludge is a permitted accessory use within the zoning district in which the subject property is located, subject to specified limitations, or a copy of the exception compliance certificate from the Planning Commission granted pursuant to the provisions of Chapter 656, including any conditions placed therein which shall be binding upon any permit hereby issued. No permit issued pursuant to the latter shall become effective until either 14 days have elapsed from the date of issuance of the exception by the Planning Commission pursuant to Chapter 656, and no public hearing has been requested and granted by the Council pursuant to section 474.104, or the Council approves by resolution the proposed site as a sludge disposal or utilization site and a certification, if required, is provided by the State Department of Environmental Protection stating that the site is approved as a sludge disposal or utilization site. Permits shall be for a specified period of time not to exceed one year and may be revoked by the Director for cause if at the discretion of the Director, such use adversely contributes to air or water pollution or presents a threat to the public health, safety, welfare or the environment.

(b)

All applicants for a public hearing on sludge disposal or utilization sites shall file a written application in such form as may be prescribed by the Council Secretary. Applications shall be accomplished by a sketch plan drawn to an appropriate scale showing the property as it is intended to be located and used.

(c)

The application shall be accompanied by a compliance certificate from the Planning and Development Department stating that the intended use complies with present zoning.

(d)

Unless a longer time is mutually agreed upon by the applicant and the Council Secretary, a public hearing shall be held by the appropriate committee of the Council to consider the application within not more than 60 days from the date of filing of the completed application. The public hearing may be held in conjunction with any other appropriate public hearing by the committee of reference concerning the same site. Notice of such public hearing shall be made as provided for in section 474.104 and any party may be heard in person or by agent or attorney.

(e)

At the conclusion of the public hearing, the committee of reference shall make a report to the Council on the application, stating in brief what response the public made.

(Ord. 81-490-293, § 1; Ord. 83-591-400, § 1; Ord. 85-370-141, § 2; Ord. 85-674-817, § 3)

Note— Former § 521.103.