LEGISLATIVE HISTORY
Public Works Committee
ORDINANCE NO. BL2010-718
An ordinance to delete in its entirety Chapter 10.20 “Solid Waste Collection and Disposal” of the Metropolitan Code of Laws and replace it with a new Chapter 10.20 “Waste Management.”
Sponsored by: Walter Hunt, Ronnie Steine
Amendment No. 1
To
Ordinance No. BL2010-718
Madam President:
I move to amend Ordinance No. BL2010-718 as follows:
1. By amending Section 1 by adding the phrase “or other evidence of hardship” at the end of subsection E. of Section 10.20.220 of Chapter 10.20 of the Metropolitan Code as set forth in Section 1 of this Ordinance, following the words “on account of documented disability.”
2. By amending Section 1 by adding the following Article V following the end of Article IV of Chapter 10.20 of the Metropolitan Code as set forth in Section 1 of this Ordinance:
Article V. Construction/Demolition Recycling Facility
10.20.500 Construction/Demolition Recycling Facility
A. Permit Application. Any person seeking to open a Construction/Demolition Recycling Facility, as defined in Metropolitan Code of Laws Section 17.04.060, shall submit an application to the Director for a permit to construct and operate a Construction/Demolition Recycling Facility. Any person operating an existing Construction/Demolition Recycling Facility shall submit an application for a permit under this section within twelve months of the effective date of this Ordinance. For a permit to be granted, the application shall include, at a minimum, the following subject matter, as shall be more particularly set forth in regulations to be promulgated by the Director of the Metropolitan Department of Public Works and filed with the Office of the Metropolitan Clerk:
• Designation of a site manager;
• A site plan;
• An engineering report;
• Fire protection and control documentation;
• An operation and maintenance manual; and
• A residue disposal facility designation.
B. Performance Security. For a permit to be granted, the applicant shall submit a letter of credit or cashier’s check as performance security to the Director in an amount equal to the estimated cost, as calculated by the Director, for the removal of all recycling processing equipment, materials, and ancillary items from the site. All forfeited performance securities shall be used for the purposes of making the property safe for public health and well-being and to promote recycling within Davidson County.
C. Cause for Denial. At the discretion of the Director, a permit application may be denied if the plans, descriptions and measures contained therein are insufficient to protect the public health and well-being. The Director may also deny a permit to any applicant who previously has failed to comply with the permitting requirements of the Metropolitan Government or of other municipalities or of the state of Tennessee or any other state.
D. Permit Requirements. The permit shall include at a minimum the following requirements, as shall be more particularly set forth in regulations to be promulgated by the Director of the Metropolitan Department of Public Works and filed with the Office of the Metropolitan Clerk:
• Adequate unloading, loading and storage areas;
• Adequate on-site roads;
• Adequate storage requirements and procedures
• Adequate site drainage;
• Adequate control of access to the site; and
• Adequate reporting and recordkeeping.
E. On-site environmental monitors. The Department may require on-site environmental monitors to conduct monitoring and inspections.
F. Non-Compliance. The Director shall be responsible for reviewing each facility’s annual report, and to the extent necessary, performing periodic site visits, to determine if the applicant has complied with its permit issued under this section. If it is determined that the applicant has failed to comply with its permit, the permit may be revoked and the Performance Security forfeited. The decision of the Director to deny or revoke a permit for a Construction/Demolition Recycling Facility may be appealed to the Solid Waste Regional Board.
Sponsored by: Walter Hunt, Ronnie Steine
Amendment No. 2
To
Ordinance No. BL2010-718
Madam President:
I move to amendment Ordinance No. BL2010-718 by amending Section 1 as follows:
1. By deleting the phrase, “A schedule of fees in effect at any time shall be placed on file in the office of the Metropolitan Clerk”, wherein it appears in Section 10.20.100.A., and substituting in lieu thereof the phrase, “The fees for permit issuance shall be approved by the Metropolitan Council by resolution”.
2. By amending Section 10.20.220.E., Back Yard Pickup, by adding after the phrase “as determined by the Department”, the phrase “and approved by the Metropolitan Council by resolution”.
3. By amending Section 10.20.220.G. by adding after the phrase “as determined by the Department”, the phrase “and approved by the Metropolitan Council by resolution”.
Sponsored by: Tim Garrett
| LEGISLATIVE HISTORY |
|
|---|---|
| Introduced: | July 6, 2010 |
| Passed First Reading: | July 6, 2010 |
| Referred to: | Budget & Finance Committee Public Works Committee |
| Deferred: | July 20, 2010 |
| Amendment No. 1: | August 3, 2010 |
| Amendment No. 2: | August 3, 2010 |
| Passed Second Reading: | August 3, 2010 |
| Passed Third Reading: | August 17, 2010 |
| Approved: | August 18, 2010 |
| By: | |