|
~.~`~~CL~ zf~, ~~~~~ ~A.~T~ ~`~ICZ~Z~'~~5~
<br />Pa~c ~ 023
<br />The council, in its discretion, may impose such specific conditions incident to the issuance of a valid waste
<br />facility license as it considers necessary to.
<br />~~I} ~a~~isf'y the standards set forth in section 58p~28 and the requirements contained in this article and
<br />the zoning regulations chapter 3d, article 1I1~;
<br />~~} Promote compatibility with and minimize any potential adverse effects open adjacent properties,
<br />the neighborhood, orthe city;
<br />~~} Protect the public health, safety, and general welfare;
<br />~4} ~vaid traffic congestion or hazard; ar
<br />~~} Prevent land, water, or air pollution,
<br />(Code 1982, § 604.10(4))
<br />c~ ~~~~~7~ ~~surnce; bid oraho~sure~y.
<br />~a} Unless otherwise provided by the city council, issuance of a solid waste facility license pursuant to the
<br />provisions of this division shall be contingent upon the licensee furnishing to the city a surety bond with a
<br />surety acceptable to the city or cash escrow in the amount at ~~OO,OUO,oO, or such other higher amount as the
<br />council in its discretion deems necessary to protect against potential risks tea the public health, safety ar
<br />general welfare in the event the facility is shut down ar otherwise terminated, The amount so established by
<br />the city shall be equal to the estimated costs of repairing, cleaning up, andlor closing the facility in the event of
<br />a termination or abandonment by the operator, The band shall name the city as obligee and shall be issued by
<br />a surety duly licensed and authorized to transact corporate surety business in the state, ~ condition of such
<br />band shall be that, if the principal fails to obey any of the requirements or do any of the acts required by this
<br />article in the operation of the solid waste facility, ar if, for any reason, ceases to operate or abandons the solid
<br />waste facility, and the city is required to expend any manias or expend any labor or material to restore, repair,
<br />ar clean up the site to the condition and requirements as provided by law, the obligor and the sureties on its
<br />band shall reimburse the city for any and all expenses incurred to remedy the failure of the principal to carnply
<br />with this article, and that the obligor and its sureties will indemnify and save the city harmless Pram all [asses,
<br />costs, or charges that may occur to the city because of any default of the obligor under the terms of his license
<br />to operate and the ordinances of the city.
<br />fib} In addition to the bond to be furnished, the operator of the facility shall furnish to the city certificates of
<br />insurance issued by insurers duly licensed with the state, or approved by the state as an eligible surplus lines
<br />insurer for the coverage provided, covering public liability, general liability, automobile liability, loading and
<br />unloading liability, fire liability, completed operations liability, explosion and coElapse of underground operations
<br />liability, and bodily injury liability in an amount of at least ~S~O,QOO,dO for injury ar death of any one person in
<br />any one occurrence, and bodily injury liability in an amount of at least ~~,ggg,D90,g9 for injuries or death
<br />arising out of any one occurrence, Property damage liability shall be furnished in the amount of at least
<br />~OOO,g00,00 for any one occurrence and an unencumbered aggregate amount of at least ~600,OOO.UO,
<br />~c} The surety bond and insurance policies required by this section must remain in full farce and effect at all
<br />times during the operation of the facility. If the required band and insurance policies are allowed to lapse, or for
<br />any reason cease to be in effect, the operation of the facility shall cease immediately. operations at the facility
<br />shall not be restarted until the necessary bond and insurance policies are in effect and evidence thereof is
<br />provided to the city as required by this section, Each band and insurance policy required far the facility shall
<br />contain a clause providing that the bond or policy shall not be revoked or terminated, or the coverage
<br />thereunder in any way reduced or limited, until 30 days following notice of the proposed revocation,
<br />termination, reduction, ar [imitation to the city, If the bond and insurance requirements of this section are not
<br />met in full at all times during tho operation of the facility, the city may immediately revoke the solid waste facility
<br />license far the facility and order an immediate cessation of operations at the facility until these requirements
<br />are rnet.
<br />htt~;lllibraryf ~r~u~icodc,comldcfaultdtes~ocV'xewl~34~~'1~18~191 ~11~1~~10
<br />
|