§ 3-5-109. Commercial and industrial collection.

(a)

Applicants for commercial license permits are subject to the same requirements for a solid waste handling permit as residential licensees under section 3-5-104 of this article.

(b)

The owner or occupant of any real estate, office, business establishment, institution, industry, or similar commercial establishment shall be responsible for the collection and transportation of all solid waste accumulated at such real estate, establishment or facility to a solid waste handling facility operating in compliance with state regulations, and must arrange for service with an approved licensee. No business license or renewal thereof shall be issued until the owner or occupant of such premises provides the business license officer of the county department of permits and licenses with the name of the licensee which provides collection for that business. Holders of a valid solid waste handling permit from the Georgia Department of Natural Resources shall be exempt from such contracting but shall comply with the requirements of section 3-5-104(4) and (5).

(c)

Contractors, builders, developers, and others in the construction business are responsible for the proper disposal of waste from the job or construction site. Waste shall not be buried on site except as provided in this Code section. All other waste shall be disposed of as required by Code section 3-5-107. The following rules shall apply to on-site waste disposal by contractors, builders, developers, and others in the construction business:

(1)

Inert construction waste may be buried on a construction site provided the rules set out in this subsection are followed. As used in this Code section, "inert construction waste" means waste building materials and other waste resulting from the construction, remodeling, or repair of houses, buildings, and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes all waste not specifically listed above.

(2)

Waste materials buried on construction sites shall be spread in layers and compacted to the least practical volume. A uniform compacted layer of clean earth cover no less than two (2) feet in depth shall be placed over buried waste material. Burial sites shall be graded and drained to minimize runoff and to prevent erosion. A vegetative cover shall be placed over the area when the burial site is completed.

(3)

The existence of all inert waste burial sites shall be disclosed on the face of the deed conveying title to the property on which the same are located from the contractor, builder, developer, or other person in the construction business to the next person to whom the property is conveyed, and this disclosure shall be repeated on all deeds in the chain of title thereafter. If a plat of the property is prepared, the location of the site shall be shown on the plat, and a copy of the plat shall be supplied to the building inspection department before a certificate of occupancy is issued for the principal structure on the property. If no plat is prepared, a sketch or drawing shall be supplied to the building inspection department showing the approximate location of the burial site before a certificate of occupancy is issued.

(4)

No inert construction waste shall be buried in a public right-of-way or in a natural or engineered surface water drainage area. Inert waste sites shall be allowed only in rear and side yards.

(5)

Reserved.

(6)

Proof of approval of all locations for inert waste burial by the county health department, department of environmental health shall be provided to the county building inspection department before any such site is utilized.

(7)

Inert waste burial sites shall be allowed only in RA, R1, R2, office-institutional, commercial, and industrial zoning districts. The same are prohibited in all other zoning districts.

(8)

Only one (1) inert waste burial site shall be allowed on each lot and shall be utilized only for construction waste generated on that lot, unless a common burial site for multiple lots is approved in advance by the county department of public health and the county building inspection department.

(9)

Inert waste may be burned only with a permit from the county fire department, and only using an air curtain destructor.

(10)

No portion of any trash pit, waste disposal area, or inert waste burial site shall be located within one hundred (100) linear feet of any property line or enclosed structure.

(d)

The county reserves the right at all times to regulate solid waste handling. Nothing in this article is intended to abridge the county's right to ownership and control of the waste stream.

(e)

When the code enforcement department receives two (2) complaints from different addresses within a thirty-day period regarding noise generated by dumpster servicing, staff will notify the sanitation company whose collection generated the complaint and enact the following conditions:

(1)

No person or entity shall engage in the collection, transportation or disposal of any solid waste or recyclables from dumpsters, containers or receptacles of any kind or type in any residentially zoned area or any location adjacent to a residentially zoned area between the hours of 11:00 p.m. and 6:00 a.m., except in those locations where compliance would pose a threat to the public health, safety and welfare, which must be identified by the person or entity engaged in the collection, transportation or disposal of any solid waste or recyclable material and approved by the code enforcement official.

(2)

In those locations where compliance could pose a threat to the public health, safety and welfare, the code enforcement official shall consult with the sanitation company and the property owner to determine if compliance would constitute such a threat. If compliance would not pose a threat to the public health, safety and welfare, collection must comply with the time prohibition listed above.

(3)

If the code enforcement official determines that collection during prohibited times is warranted, staff will work with the sanitation company to minimize noise generated by collection. This would include but not be limited to modifying equipment to muffle noise, increasing driver educational and safety and service issues through better training, and evaluation of possible dumpster relocation.

(4)

If the sanitation company fails to cease collection during prohibited times or to minimize the noise generated by collection, the person(s) directing/managing the operation of the company and the employee(s) whose acts violated the terms of this article will be considered in violation of this article and subject to prosecution through the county's nuisance ordinance procedure.

(f)

Inert landfills (off-site sources).

1.

Definitions. For the purpose of this chapter certain words and terms used herein shall be defined and interpreted as follows. All other terms not defined shall have their customary dictionary definitions.

Inert construction waste. Waste building materials and other waste resulting from the construction, remodeling or repair of houses, buildings and other structures which will not or are not likely to cause production of leachate of environmental concern. Such waste is limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs and leaves. This definition excludes all waste not specifically listed above.

2.

Inert landfills receiving inert construction waste from off-site sources shall only be permitted in the C-3, M-1, and M-2 zoning districts subject to the standards of the district, the supplemental standards set forth in this subsection 3-5-109(f), and the rules and regulations of the State of Georgia, particularly Georgia Department of Natural Resources Rule 391-3-4-.06.

3.

A plat shall be required to be recorded bearing the approval of the environmental compliance and plan review department. No operation shall be conducted that shall not have been approved as a feature of the plat, as described below. The following features shall be delineated on the plat:

a.

Zoning (for the subject property and all abutting properties), buffers, and setbacks.

b.

Conditions of zoning, if any; and a notation if none.

c.

Office location.

d.

Truck scale.

e.

Observation platform location.

f.

Loading and unloading area(s).

g.

Stockpile area(s) for inert construction waste, clean fill, excluded items, and hazardous materials.

h.

Burn pit.

i.

Equipment storage location.

j.

Henry County Environmental Health Department letter of approval of the burial site(s).

k.

Henry County Department of Transportation (HCDOT) letter of approval of the travel routes.

l.

Stream, wetland, floodplain, and protected watershed location(s) and notation.

m.

Burial site location and notation that the location shall or shall not be used for future development.

n.

Lighting plan.

o.

Security and monitoring plan.

p.

Fencing location and detail.

q.

Sign location.

4.

Only inert construction waste may be placed in an inert landfill. The licensed operator of the inert landfill shall visually inspect the fill items before placement in the burial site. Excluded items shall be prevented from being placed in the burial site, and any excluded item shall be removed immediately. Excluded items and hazardous materials shall be removed from the site immediately.

5.

Burial sites not to be developed. Inert construction waste shall be compacted to the least practical volume. Inert construction waste shall be placed in the burial site in compacted layers. The burial site shall be completely capped with a cover of clean, uniform, compacted fill placed in layers to reach a minimum depth of two (2) feet. Burial sites approved to be de-commissioned shall provide well-drained grade levels while minimizing runoff and soil erosion. A decommissioned burial site shall be planted with a suitable vegetative cover and left in a mowable condition.

6.

Burial sites for future development. A geo-technical report providing requirements for the development of the burial site and a copy of the inert landfill plat shall be required at the time of application for a development permit for the development of a decommissioned burial site. At a minimum, the requirements of the geo-technical report shall be completed by the applicant. Yard trimmings, stumps, limbs, leaves, wood, and wood products are prohibited from burial sites proposed for future development.

7.

The existence of all burial sites shall be disclosed on the face of the deed conveying the title to the property on which the same are located. This disclosure shall be repeated on all deeds in the chain of title hereafter.

8.

The applicant or owner shall obtain a letter of approval from HCDOT which shall be required to be copied on the front page of the required plat. The applicant or owner shall provide calculation of the volume of the landfill as well as the estimated volume of material projected to be brought onto the site and taken out of the site. The applicant or owner shall provide an estimated number of loaded trucks per day coming to the site per each expected route. The expected routes shall require review and approval from HCDOT with limitations determined using input from applicable agencies as determined by HCDOT. The applicant or owner shall maintain coordination with HCDOT concerning the number of loads per approved route. Each approved route shall be analyzed to determine whether there are any roadway issues that must be addressed by the applicant or owner due to the site's impact. The information provided by the applicant or owner shall include, but not be limited to, the following data to the satisfaction of HCDOT in order to facilitate the required analysis:

a.

Roadway pavement sections (including base).

b.

Lane widths.

c.

Average daily traffic.

d.

Existing truck percentages.

Bonding of a route, or routes, may be required as determined by the required analysis. HCDOT shall determine approval or denial within 30 days.

9.

No portion of any inert landfill operation shall be conducted within one hundred (100) feet of any property line or enclosed structure. All operations shall be completely screened from the public right-of-way of any segment of an improved roadway meeting county standards according to that segment's functional road classification (table 8.01.05). Should existing vegetation be determined to be inadequate, enhanced screening shall be required by the environmental compliance and plan review department. Methods of screening may include, but shall not be limited to: additional plantings, berms, solid fencing, and any combination to achieve and maintain one hundred (100) percent opacity. At a minimum, additional plantings, when required, shall include eight (8) evergreen trees per fifty (50) linear feet of road frontage within a 20-foot buffer strip along the public right-of-way.

10.

Hours of operation shall be limited to 6:00 a.m. to 6:00 p.m.

11.

Any burning shall require a permit from the Henry County Fire Department, and only using an air curtain destructor. Should any burning be permitted, such burning shall only take place between 10:00 a.m. and 6:00 p.m.

12.

A monument based ground sign not to exceed eight (8) feet in height with a sign face not to exceed thirty-two (32) square feet may be permitted at least one (1) foot from the public right-of-way and at least ten (10) feet from electrical lines.

13.

Monitoring. Inert landfills receiving material from off-site sources shall only receive inert construction waste from private contractors and shall not be open to the public. A manifest shall be kept on site and readily available to county staff for reviewing. In addition inert landfills receiving materials from off-site sources shall provide security adequate to prevent the contamination of the burial sites with excluded items and hazardous materials. A security and monitoring plan shall be submitted to the environmental compliance and plan review department prior to the issuance of a land disturbance permit. The plan shall be copied onto the front page of the approved plat. Failure to maintain security and monitoring standards as specified in the approved security and monitoring plan shall constitute a violation enforceable under section 12.06.00 and all other applicable code sections having the penalties provided under section 12.07.00 and all other applicable code sections.

14.

All activity must be in conformance with the Georgia Environmental Protection Division rules. A violation of any such rules shall be a violation of this subsection.

(Ord. No. 94-04, 9-20-94; Ord. No. 95-06, § 2, 6-6-95; Ord. No. 01-03, § I, 7-2-2001; Ord. No. 03-02, § 1, 5-5-2003; Ord. No. 03-09, § I, 11-18-2003; Ord. No. 12-15, § III, 7-17-12)