All streams, drains, sewers, springs or other water source courses shall be controlled as approved by the Village Council.
16.02 PROHIBITED FILL
The filling of land with garbage or burnable waste matter is prohibited. The term "garbage" shall include all waste particles of animal, fruit or vegetable matter incident to the use, preparation and storage of food for human consumption.
16.03 LICENSE REQUIRED
It shall be unlawful for any person to conduct any filling, dumping, depositing or disposal operations within the Village by means of top soil, sand, dirt, clay, gravel, unburnable rubbish, refuse, debris, junk and waste material or substances, whether household, commercial, industrial or otherwise upon lands or premises within the Village without first having obtained a license as hereinafter provided.
16.04 APPLICATION FOR LICENSE
Application for licenses hereunder shall be made to the Village Clerk and shall be in writing and shall contain the following information:
1. Name, residence, telephone and business address of the applicant.
2. Name, address and telephone number of the owner of the land or premises involved.
3. The full description of the land or premises upon which the filling, dumping or depositing is to take place.
4. The kind of business applicant was previously engaged in, the place or places where and the length of time the same was conducted.
5. The exact purpose for which license is desired including operation or activity intended, extent and scope thereof, contracts or agreements involved, the length of time operation or activity will consume.
6. The number, license number and description of all motor vehicles and of all other equipment or facilities intended to be used and the places where the same is presently located.
7. The financial status of applicant relating to the ability to fulfill duties in the operation activity.
8. Any and all other information that may be required at the time to enable the Village to determine the ability and qualifications of applicant to conduct such business in compliance with the ordinances of the Village, State and County laws and regulations, and in such manner as will not be deleterious to public health, safety and welfare, and so as not to create a public or private nuisance.
9. The application shall contain an agreement by applicant to obey, abide by and comply with all of the provisions of this chapter, all health requirements, and all other ordinances, rules and regulations applicable to the conduct of said business, now in force or which may hereafter be adopted.
16.05 MAP OF LANDFILL AREA
There shall be filed with such application, if involving any filling, dumping, depositing or disposal other than minor or small fills, a map of the premises showing contour lines of at least the lowest and highest elevation before any filling operation begins and the proposed contour lines resulting from such filling or depositing in relation to the topography of the premises and existing public roads or easements and also information governing the nature and kind of soil on the premises before filling or depositing. Such map shall also show existing streams, springs, drains and water sources.
16.06 LICENSE FEES
Upon filing such application and information, there shall be paid to the Village Clerk a license fee based upon the estimate of the Village Manager and/or the Village Engineers for the costs of reviewing such plans and information.
Fees for work of the Village Engineers and Village Administrative Staff shall be as established by resolution by the Village Council.
16.07 INVESTIGATION AND ISSUANCE OF LICENSE
(a) Upon receipt of said application in proper form, the same shall be referred to the Village Manager and to other proper departments for inquiring, investigation, and review.
(b) All of such persons or departments reviewing such application shall attach their recommendations and note whether the proposed activities would create or be likely to create a public or private nuisance, or a hazard to the public health, welfare or safety.
(c) Upon receipt of the application, information, and recommendations, the Village Council shall, at any regular or special meeting consider the same, and if, after due consideration, the Council shall be of the opinion that the proposed application shall not create conditions inimical to the public health or safety, nor create any drainage, sewerage, or other problems or conditions of danger, nor constitute or cause a traffic hazard, it shall authorize the Village Clerk to issue proper license to applicant.
16.08 CONDITIONS OF LICENSE
Any license granted shall be subject to the following limitations, standards and conditions:
(a) The licensee must furnish all labor, materials, tools, vehicles, equipment, supplies and incidental items to fulfill and complete the operation or activity in accordance with the obvious intent of said license.
(b) In the discretion of the Village Council, licensee may be required to furnish a bond to the Village up to an amount of Twenty-Five Thousand Dollars ($25,000) to secure the faithful performance of the operation permitted.
(c) Any license issued hereunder shall include provision requiring inspections by or on behalf of the Village at least once a month or more, if in the judgment of the Village Manager and/or the Village Engineers it is necessary to protect the public health, safety and welfare.
For such additional inspections there shall be imposed a fee for the cost thereof.
Fee for work of Village Engineers and Village Administrative Staff shall be established by resolution by the Village Council.
(d) All requirements of the Village Zoning Ordinance and any other applicable ordinances of the Village shall be complied with before application is made for license hereunder.
(e) The operation shall be conducted so that proper landfill procedures are followed. The Council may require that the working area be fenced to prevent the blowing and scattering of materials and to exclude unauthorized persons. Adequate drainage shall be maintained at all times. No scavenging shall be allowed. No chemicals or septic tank wastes are permitted to be emptied on the premises. The dumping of stumps, broken concrete, radioactive wastes, industrial and toxic wastes, paint, lacquer thinner, turpentine or similar materials is prohibited unless prior written approval is obtained from the Village Manager. No burning shall be permitted except by prior written approval obtained from the Village Manger. Either the approved trench method or progressive slope method of landfill shall be used, and in either case the deposits shall be continually "worked" by a bulldozer or front end loader thoroughly compacting it. After completion of the fill, the grade in land elevation shall comply with the topographical map attached to the original application. Full access to premises is granted to Village officials at all times.
(f) Vehicles used in transportation shall be kept clean and in good repair and so maintained and operated that no portion of contents therefrom shall be spilled or allowed to remain on the public highways.
16.09 REVOCATION OF LICENSE
Licenses issued under the provisions of this chapter and amendments thereto may be revoked upon just cause.
Any violation of the provisions of this chapter is hereby declared a nuisance per se. Upon application to a court of competent jurisdiction, the court may order the nuisance abated or the violation, or threatened violation, restrained and enjoined. Any violation of the provisions of this chapter shall also subject the violator to the penalties set forth in Section 1.06.