5.4. SR 05-17-2010 - Laserfiche WebLink

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Fourth and finally, City has no City Code requirement that the State-mandated buffer be located within the SWF. See below. a. "Solid waste facilities," including "sanitary landfills," are not defined by the City Code to include the buffer area Section 30-1834(a) provides that "fslolid waste facilities shall not be permitted nor conditional uses in any other zoning district" other than the SWF overlay district. Cx. 15 (emphasis added). Section 58-171 reiterates that "[n]o solid waste facility shall be located or operated in the city except in those area of the city where such uses are allowed as a permitted or conditional use under chapter 30, article VI" - a.e., the SWF overlay district. Cx. 146 (emphasis added). But neither the State-mandated 200-foot buffer nor any other buffer is within the City Code's definition of "solid waste facility" or "sanitary landfill" For example,-S 58-174's "[p]erformance standards" narrowly limit "sanitary landfills" to where waste is "disposed" exclusive of any buffer area. For the closing of a "sanitary landfill," ~ 58- 174(a)(10) requires the following description: A detailed description of the location of the completed sanitary landfill site shall be recorded with the county register of deeds within one month after approval of the closure of the landfill. This description shall include [(1)] the general type and location of deposited solid waste, [(2)] the location of phased or staged disposal of wastes, [(3)] the type and number of lifts, original and final terrain descriptions, site hydrogeologic conditions, and [(4)] other pertinent characteristics of the completed sanitary landfill site. Ex. 146 (emphasis and bracketed information added). City Code also strictly defines "solid waste facility," including "sanitary landflls," as being limited to the "disposal" area, exclusive of any buffer area. City Code § 58-91 defines "[s]olid waste facility" as follows: T:\(1742\I40(>\CityAppFeb\FEB Report_finol (2).doc 3 -~10