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ARTICLE III. SOLID WASTE I'ACILITIES*
<br />Page 8 of 23
<br />The council, in its discretion, may impose such specific conditions incident to the issuance of a solid waste
<br />facility license as it considers necessary to:
<br />(1) Satisfy the standards set forth in section 58125 and the requirements contained in this article and
<br />the zoning regulations (chapter 30, article VI);
<br />(2) Promote compatibility with and minimize any potential adverse effects upon adjacent properties,
<br />the neighborhood, or the city;
<br />(3) Protect the public health, safety, and genera! welfare;
<br />(4) Avoid traffic congestion or hazard; or
<br />(5) Prevent land, water, or air pollution.
<br />(Code 1982, § 604.10(4))
<br />dec. 58-127. Insurance; band or other surety.
<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 of $100,000.00, or such other higher amount as the
<br />council in its discretion deems necessary to protect against potential risks to the public health, safety or
<br />general welfare in the event the facility is shut down or otherwise terminated. The amount so established by
<br />the city shall be equal to the estimated costs of repairing, cleaning up, and/or closing the facility in the event of
<br />a termination or abandonment by the operator. The bond shall name the city as obligee and shall be issued by
<br />a surety duly licensed and authorized to transact corpora#e surety business in the s#ate. A condition of such
<br />bond 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, or if, for any reason, ceases to operate or abandons the solid
<br />waste facility, and the city is required to expend any monies or expend any labor or material to restore, repair,
<br />or clean up the site to the condition and requirements as provided by law, the obligor and the sureties on its
<br />bond shall reimburse the city for any and all expenses incurred to remedy the failure of the principal to comply
<br />with this article, and that the obligor and its sureties will indemnify and save the city harmless from all losses,
<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 />(b) In addition to the bond to be furnished, fihe 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 collapse of underground operations
<br />liability, and bodily injury liability in an amount of at least $500,000.00 for injury or death of any one person in
<br />any one occurrence, and bodily injury liability in an amount of at least $1,000,000.00 for injuries or death
<br />arising ou# of any one occurrence. Property damage liability shall be furnished in the amount of at least
<br />$600,000.00 for any one occurrence and an unencumbered aggregate amount of at least $600,000.00.
<br />(c) The surety bond and insurance policies required by this section must remain in full force and efFect at all
<br />times during the operation of the facility. If the required bond 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 bond and insurance policy required for 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, or limitation to the city. If the bond and insurance requirements of this section are not
<br />met in full at all times during the operation of the facility, the city may immediately revoke the solid waste facility
<br />license for the facility and order an immediate cessation of operations at the facility until these requirements
<br />are met.
<br />http:/Ilibrary l .municode.com/default-test/DocView/13427/1/88/91 3/12/2010
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