Policy 6-3 DUMP SITE LICENSES

DISTRIBUTION: All Departments

SUBJECT: Dump Site Licenses

PURPOSE: To establish a uniform administrative procedure and responsibility of enforcing dump site licenses under the provisions of Article 7, Chapter 7, Lawton City Code, 1975.

BACKGROUND: Article 7, Chapter 7, Lawton City Code, 1975, was adopted by the City Council by Ordinance No. 498 on December 12, 1972. Since the adoption of this ordinance, the Building and Safety Division and the City-County Health Department have had the responsibility of accepting and reviewing applications for dump site licenses and making a final recommendation to the City Manager on approval or denial of such applications. However, there has been no current administrative procedure established on enforcement of this article. Since the adoption of this article, the City has entered the Floodplain Management Program under the Federal Emergency Management Agency. Since many dump sites are located in low areas, better coordination on enforcement between this article and Chapter 11.5 of the Lawton City Code is needed. Recently, it was brought to the attention of the City administration that this article did not totally coincide with the Oklahoma State Department of Health regulations governing solid waste. Therefore, on November 25, 1986, the City Council approved Ordinance No. 86-40 which amended Section 7-105 and Section 7-109. The adoption of this ordinance resolved any conflicts between the City Code and the Oklahoma State Department of Health regulations. Due to reorganization and contract changes effective July 1, 1995, the citys Building Development Department assumed responsibility for issuance and inspection of dump sites.

PROCEDURES: A. Dump Sites Require

1. Licenses shall be required when any person dumps, deposits, places, or disposes of any uncontaminated rock, dirt, concrete, brick, and asphalt on any site or place within the City limits. All other debris from any demolitions, construction, or repair work including trees, tree trimmings, waste lumber, or other like material, must be deposited in a landfill with a valid permit from the Oklahoma State Department of Health. Exceptions to:

a. When any topsoil is used for minor landscaping purposes on any site within the City.

b. When the site has an approved construction plat under the the provisions of Chapter 25, Lawton City Code, approved by both the Lawton Metropolitan Area Planning Commission and the City Council.

c. When a valid building permit has been issued by the Building Development Department with necessary existing and proposed grading plans for the entire site approved.

2. Any applicant requesting a dump site license shall apply to the Building Development Department. The Building Development Department shall insure that the required application is complete and then distribute the application for review to the City

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Engineer. The application shall be reviewed by the City and a decision made within ten (10) working days of the submission date. The Building Development Department shall insure that the required fees are paid in accordance with the fee schedule. The Building Development Department shall be the record- keeper of all approved, conditionally approved, or disapproved applications for dump site licenses. The Building Development Department shall make a quarterly status report on all pending licensed dump sites starting January 1 of each year.

3. When the location of a proposed dump site is located within an identified flood hazard area as determined by the Federal Management Agency flood maps as adopted by reference in Chapter 11.5, Lawton City Code, 1975, the applicant shall first obtain from the City a flood hazard permit under Chapter 11.5. The applicant may wish to submit concurrent applications for both these approvals. The approved special flood hazard permit shall be attached to the dump site license application. However, in no case will the dump site license be issued until the special flood hazard permit has been approved.

B. Inspections

1. The Building Development Department shall be responsible for inspection of the dump sites after the license has been issued. They will inspect the dump sites every thirty (30) days on a regular basis and make a quarterly status report to the City Manager on compliance or actions of noncompliance with Article 7, Chapter 7. Also, if required, the findings of the City Engineer on 2 below shall be included in this report.

2. In cases where the dump site location is located in a special flood hazard area, the Building Development Department shall notify the City Engineer of a possible violation of Chapter 11.5, Lawton City Code.

3. In cases where there appear to be violations of Article 7, Chapter 7, additional inspections of that site will be made as required to insure conformance with Article 7.

4. Each inspection shall be documented as to the time and place and findings.

C. Enforcement. In cases where apparent violations are identified through the inspection process of the City of citizen complaints of Article 7, Chapter 7, for licensed or unlicensed sites, the Building Development Department shall determine the appropriate action to be taken under the provisions of this article. If voluntary compliance cannot be achieved, a

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recommendation should be sent to the City Manager to revoke the license or for charges to be filed in municipal court. If this action fails, the Legal Department shall recommend appropriate legal action to the City Council.

D. Renewal of Permits. The Building Development Department shall notify the applicant thirty (30) days prior to the expiration date of any dump site license and advise the applicant of the expiration date. This letter to the applicant shall also include any changes or modifications to the City Code or State regulation that will be required in the issuance of the next license. If the applicant does not obtain a renewal of this license and continues to dump on the site, the Building Development Department will take appropriate actions outlined in C above. If the applicant wishes not to renew his license, the Building Development Department will inspect the site to determine if the site will be left in a suitable condition, the Building Development Department will provide requirements to the property owner or the licensee.

E. Revocation or Nonrenewal of Licenses. The Director of the Building Development Department with the concurrence of the City Manager, shall give a five (5) day written notice to the applicant of a revocation or nonrenewal of the license for the licensed site. Included in this letter will be the reasons for the revocation or nonrenewal of the license of the site. Notice shall be in accordance with Section 7-115 of Chapter 7.

F. Appeals to the City Council. The Building Development Department shall be responsible for preparation of agenda item commentaries to the City Council on appeals under Section 7-106 and Section 7-114 of the City Code.

G. Amendments to the City Code and State Regulations. The City Attorney shall notify the Building Development Department of any changes to the State Health Department regulations on dump site locations. The Building Development Department, by certified mail, shall immediately notify all current licensees of any amendments to the Lawton City Code or State Health Department regulations.

REFERENCES: Article 7, Chapter 7, Lawton City Code, 1975, as amended by Ordinance No. 86-40; Oklahoma State Department of Health Regulations Governing Solid Waste.

RECISSION: This policy rescinds Administrative Policy 9.40, dated May 14, 1987.

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RESPONSIBLE

DEPARTMENT: Building Development

_____________________________

Gilbert H. Schumpert, Jr.

City Manager

October 13, 1995