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x. jor mans :
WHEREAS, the ‘Board Of. Supervisors of Russell County hereby .
finds that the unvegulated disposal of solid vaste, the maintenance
‘of open dumps, andthe maintenance of conmoroial solid waster
Atsposal fa0!1ittes present teeaondous potential problens and wi2
have significant adverse impact on tho ‘comnimity. potential
problone inolude controlling the disposal of toxile and haxaxdous
waste, groudvatox and susface water pollution xesulting from
Leachate Asspoxaton and xain vator xm-off, heavy truck tiaftic
impacting zonds and adjacent us00, dnd thi poteiitial abandonment: of
waste disposal sites because of a’ lack of adequate’ capital and
finnnoial resources of the operator or ouner xenilting in
overntental xouponsibiilty for clean-up.
Wimrens, 1 ts the ‘inkent of tho Bond of Supervisor of
Rostell County, ‘t6 prohibit the umépilated dioponi. of ‘alsa
woste, wie satntenanée” of ‘open’ tumps,” arid ‘tlie ontabsaninent
coporstion and/or “maintenance of privately cimad oz “pekvately
operated solsd wasto dioposed fasdLitios. vos
\WinREAS, the Gonoval Assenbly of Virginia hus authorized
Rossel County to egulate,by ordinance, the siting of solsd vaste
anagenont fecliities within its boundasies :
‘EKER, the Gonerat Aesenbly has authorixod RassolX Couity to
adopt such neagures as Lt may deom expedient to secure and promot
the health, safoty and ‘gonexal wolfaxe of the inhabitants of
Russel County, auch regulations to include the prevention of the
pollution of tid watox did als: dn tinsel County,
‘wtenens, no‘appLication fox @-solid waste mandgenont facility
pormit can be considered conploto and filed with the Vinginta
Dopartnent of Waste managenent (DRM) unloss it includes a
cortifionte Sion tho govexaing body of Russell County that the
ooation and operation af the facility axe consistent with alt
tipplicable oxdinances,
OM, BREORE, to promote the health, safety and génoral
wolfaro of the citizens of Russell County, and to ful#i12 the
objectives of Va. Code Ann, Sections 10.1-1408.2, 15.1-11,02, and
15.1-510, the following ts adopted
Yacility Prohibition and Siting Ordinance of Russell County,
Virginia.
XE, PRREKISNING ONDINE, REEROTIUE DeEE
faction 2.1, thie Oxdinanco shall bocone effective from the
dnte of its approval and adoption as provided by law. ghis
‘the olid Waste Management
820
application and enforceability of tho Ruse! County Comprehensive
PLAN =
XEE. DEETWCIIONG
Section 3.1. Fox the purpove of thie Ordinance, the torus ox
words used herein shall. have the sane weaning as the samo torma ox
words a defined im the Vixginla Waste Management Act, Va. Code
Ana, Sections 10,1-1409 through 10,1-1457. In addition, this
Ordinance shall specifically apply to and prohibit private thorital
duxn unite, private comerolal -ineinerators and gas injection
wells.
XV, PURPOSE
Section 4.2. this Ordinance in established for the puxpoxe of
protecting, prondting, and preserving an environiiont that is
conducive ‘to public health and welfare, preventing the exeation of
mulsances and the deplotion of natwzal resources, and to maintain
‘ouch Levels of aix qiality and water quality as will protect human
health, welfaxo and safety; and to the greatest degree practicable,
prevent injury to plant and animal Life and propexty and to nurture
‘tho confozt of the people in thele enjoynent of Life and propoxtiyy
and to encourage the social ant economic development of Russell
County ‘and to facilitate tho enjoynont of ite attractions.
Seokion $.1. Tk shall bo vnlawful to establish, maintain or °
operate an unrequiated duaping plads, an open dunp, ox a privately
owned or privately oporated solid waste managowont facility within
the texitorial boundaries of Russell. County.
Seton $.2. Tt shall bo unlawéul fox any pexaon or ontity to
transport for disposal into the territorial boundaries of Russell
County any garbage, trash or refuse which has been compacted oF
aled in such a manner that it cannot be readily examined and
Inspected by manual weans by county officiale for the purpose of
Gotoxmining whethor such gaxbage, trash or xefusa contains
hinzaxdous substance,
Section 5.4. Tt hell be unlausul fox any person to collect,
haul, transport or convey garbage ox txagh for disposal within the
boundaries of Rus#ell County except from one’s own xeaidence to an
‘approved bulk container in the comunity ox to a county spproved
solid waste managenent facility.
fection 5.4, Tt shall be unlawful to transport such xefuse to
pointe through and outside Ruesoll County except for the
txanaporting of such refuse in adequately covexed trucks to pointe
outelde of the boundarios of Russell county, Vixginia.
Vi. SITING_OF SOLID YASIE MnNRGEMENY vACIIAEEE
Section 6.1. Section VI of this Ordinanco, "Siting 8f Solid
Waste’ Management Vacilities,* shall apply only to lendfiule
operated by Ruseoll county of by @ regional waste or service
authority in which Russell County is a participating monbor, In
321
wastio management faoiDities othor than captive induetrial
comed ox pzivatoly operated solid wanto managonont facilities only
an the « » of 50 nie
ordinance are xe tndtation.
Section 6.2. No pexgon shall. establish, oporate, or maintain
a solid waste managonont facLlity without a Certificate from the
Russell County Board of Suporvisors:
Soation 6.2. B solid waste management facility shall not be
sited or constricted {n areas subject to base floods,
factlon 6. Ho solid wasto nanagowunt fac\2ity whall be altod
’ © tn gootogicatiy wnstable axeas whore ‘adoquate Founda fon support
i or the constriction coapononto for tho nolsd wante management
mnotLity dooe nok axlat, giving due coneLdeeation to ool
conditions, geclogieel and goonoxphologio featuisn, nando
roatoron, cavesne, tungels, minos, and. eink holes.
‘ectLon G8, No solid wasto managonont:feot2sty aiaposal acon
shall be closer then 500 feet from any roger flowing muxface body
of water, 1,000 fect from any well, spzing, oF other: groundwater
ource of deinkag water, Any, solid vaste mangement facllity
ivpoonl aon shall algo bo minim of 100 fect fxon any public
oad o ight of way wed by anyone othor than the pexson epexat ing
‘tho facility, and a nintmm of 1,500, foot fron any residence,
school, hospital of mireing one, hufsh, recreations and, paxk
avons, and xetail establishment.
ackion 6.6. There shall bo a minimun of soparation of ten
feet botwoon the deposit of solid waste and naximn seasonal yater
table or hedxock unless equal isolation or separation can be
achteved and maintained by engineored construction and operation
nothods to moot the standards of Dit.
on 6.7. tha aocoss fron a prinaxy highway to the proposed
facklity eite ehali be an ali voather paved xoad.
feckion 6.8. he Board of Supervisors shall also consider the
following siting criteria in evaluating an applicatio
{a} Suitebiiity of the proposed solid waste managenent
factLity wite In Light of the surface and subsurface conditions -
(porous, {Eactured, ov mubsided, or is subjected to same from past,
= goons, Suc ang et ov otbcaion noted by aati sx
Toler, flosze, and cztea).
© The fitness of the applicant, “ste owners and their
public and of water and other natural xesourct
(0) Bhe LikoLshood that a breach of the goltd waste managonont,
facility containment systems could ocour and if #0, the impact such
fa breach would have upon groundwater and surface water
code ‘Ann. Section 15.1456.
Section 6.9, tho # ‘waate nonagensnt faci tity
‘hothor publicly ov privately omed or operated, hall be subject
to the zerdev of the Russol2 County Planing Conmlsston pursuant. to
Va, Code Ann, Section 35,1-486.
‘action 6.10. A Coxtifiente avaxded pirmant to thks O:dinance
shall not Mo transferable or antignablo.
Section G11. A now Coxtteloate abali bo requized pursuant to
this odinoce for the ontnblightent of a new facility, the
expansion of any existing facility, or due to any natorial, change
in design or process at an oxisting facility.
VET. EXCRERTONS
Section 7.1, Facilities for the disposal of solid waste fron
‘the extraction, beneficiation, and processing of coal
all be
‘Sxempt: from this Ordinance provided such faoLLitses are managed in
accordance with the vequixononts promulgated by the appropriate
agencies of the Comorivenlth of Vixyinia,
Hloction 7.2. the exception provided in Section 7.1 shall not
apply to facilities for the disposal of by-products of coal
‘conbustion such as fly ash and botton ash.
‘VINX. “APRGECAVION FOR CERDITCNER
sppltoation for
‘the foloning nfomiation:
(@) the nano, addzens, and phone number: of applicant.
(b) the nanee, addresses, and work and howe phone nunbors of
11 persons and entities owning an interest exceeding five porcont
‘whether expressed or silent, in the proposed soltd waste management.
facility’s operating entity, in the okte, or in the applicant.
(©) ho legal dosoription of the property on which the
facility is proposed to he loonted and tax map xeference.
(2) A copy of the Lease ox deed establishing the appLicant’s
ight to tise the proposed atte.
(0) A description of the current use of the propored alte,
(4) the present soning district of the site,
(9) tho proposed size and type of solid waste managenent
facility.
(h) A preliminary site plan showing the boundary of the site,
tthe proposed disposal areas, and othor facilities and equipment to
hbo located at the sito.
(4) A List of 011 property omers, both surface and mineral,
and nailing addrenses as howa on the Russell County land books who
‘axe contiguous, adjacent ox within one mile of the proposed site,
(4) he nanos, addresses, and phone numbers of all xesidents
‘and owner Living within a ono-nile radius of the proposod solid
waste management facility site and detailed information xegarding
the source of each Listed resident’s water supply and any surface
‘and water danage xepoxted to tho applicant by the rossdent due to
ko cooperate with the applicant, the applicant shall xoport that:
SCUTucapEhionttone ——
B28
(8) A description of the type of wante to bo deposited in the
proposed solid waste management facility. .
(2) A description of the anticipated sates or faex to be
charged for the disposal of solid waste, an estimate of the total
volune of waste to be disposdd of each year, and din estimate of the
total annual xevonues to be generated by waste disposal activitios
at the proposed site.
(n) A complete desoxtption of the natuxe of any contracts, the
Adontity of parties to such contracts for the acceptance of solid
waste involving the proposed site that have been agreed to at the
tine tho application io submitted ox pelo to the final action oF
‘the Board of Supervisors or Ste agent on the applications.
(n) A complete and thoxough Listing concerning the
envixonmental xedord of the entities who have boon in contact o:
have contracted with tho applicant to utilize the solid waste
managonent: facility. .
(0) A complete and thoxough xecord of the compliancs history
of the applicant concerning state and federal envixonnental laws.
ip) m1 information contained in oubparagraphs (2), (0), (0),
and (0) above shall be updated periodically by the applicant
pending the approval ox disapproval of the solid waste anagonent
facility elting application,
(a) A plan for land use of the gite after the facility Je
closed.
(=) Complete ingormation xegarding violations of federal ox
skate envixonnoittal Laws ox regulations by any of :the applicant’s
onners, officers, ox any corporate entitios in which the applicant
owns or has owned an Interest; the enviromental controls xeferred
to heroin Snclude, but axe not Limited to, any and all statutes and
regulations enforced by the Division of Mined Kana Reclamation, the
Bivieion of Minos and Quarries, the Department of Minos, Minerals
and snexgy, the Office of Surface Mining, the State. Air Pollution
control Board, the state Water Control Board, and the U.S. Army
Corp of Enginooxe.
(s) Information vegazding felony convictions of the applicant
ox any of the applicant’
ones, officers, ox any coxpoxate
ontitios tn which the applicant or any of its owmera, owns or has
owned an intorost.
(t) A map shoving the location of the facility, the xoads and
right-of-way giving accens, to the faoility, and an approxinate
location of residences, achools, hospitals,’ charches, and xotai
estabLishents Located along any street or secondary road proposed
‘to bo wsed as an accoss xoéd for the foctLity.
(v) A site plan showing the entixe acreage owned or’controlted
by the applicant, tho nanen of adjoining property owners, the
Bad
pAOMEULLUH UU 8 PERVIAUL Hy LIM @ppaseant Go BaLABLY We LanauLias
‘agouiance regulations of pitt
[ay ie Hanon, wecareaeT, Gna FOTOVENU expeELence- OF aT Key
poxsonnel te be eniployed or xotained by the applicant in connection
with the operation of the pzoposed solid vasto management: facility.
(x) Complete Informition xegarding violations of federal ox
state envixoniontal lave or regulations by any of the Key personnel
Adentified in aubpaxagraph (w) above or in any application
submitted to Dui.
feotion @.2. In addition, the applicant for a Cextificate may
bbe requested to fuxnish engineoring and site plans to shows slope
and direction of rock stzata and aquifers; availability of cover
material on site, ox ancangenents for obtaining adequate cover
‘naterial fro a borsow aitey location of upsings, seep’, and other
ground vater sourcos; other possible groundwater intrusion to the
site; location of any gas, water, sewage, electrical ox other
of any sich facilities On the site; and tho Location on the site of
pelor open dip, lai, Lagcon, nasa or dep nino, oF ebnhtae
facility, Kf xequested, the applicant shall provide detailed core
hoe woaplor fda two eosin within 50 Rostzontst foot of tho
cnpoatto oxtronsioe of te oft of at Toast 300 Fock doop ~ (89
feet doop £4 moos a vElliv04 feanh yator agultos). TE oquosted,
‘tho applicant shath aiso provide wortiited’ test results of tho
wear quality af any feoph wax ageltocs bonath the poposed alte
i debi ab ou sibel ee suai, tho Gpsdaunt nya apn bo
evatshn plan for teaneposting waste through Rossel Gounty to the
save managonont foothity atte
action 8.2, if the appllonnt’s’ proposed eolld ate
managenont facility is situated within 3,000 feat of any abandoned,
inactive, of active coal ‘mining operation, the following
Information shall be supplied as part of tho application prior to
‘considexation of the applivant’s request for siting approval
{a) the nanos ond adavesses of the coal and mineral owners
within a 3,000- foot xediue of the proposed solid waste management
facility site with supporting documentation as available in the
county and book records.
(b) A List with caxtisioation fon the Division of Mined Tand
Reclamation (Depsituent. of Minas, Minoraln end Fnexgy) of alt
applications, and past and present poraits, for the suxface mining
ox doop mining of coal within a 3,000~foot xadius of the proposed
aolid waste management facility alte.
© 3 the Divieion of Mined Zand Reclanation finds that: auch
penit applications are pending or such mining is in progross or
‘that abandoned coal miner exists within the 3,000-£0ot: radins area,
‘than the applicant whall provide coples of the relevant mining
pernit applications, conpléte with maps of the active, inactive,
proposed,’ of abandonéd mining sites with “tho boundazy of the
proposed solid waste management: faoi1ity site outLined in red and
= notfoxth_tn-the-saining-pormittilon.
control plane contained within the mining permit upphications as
BQ!
i
(A) If the land£L11 eito is on mestone, or similar soluble
rock, hen St Will bo xequized’ that tho applicant document all
caves, openinga, oink holes, disappéaring stems, known cave
Dpaswages, and any typos of subtoriaioan 14g6 fore and thotr state
con the foternt and state ondangezed species ist,
4, Yorkflcation of Application, ‘the information in
‘tho application chill bo sworn to as being completo and accurate
and shat bo signed by tho prooidont of the applicant’s corporation
Lf eatd applicant is a eoxpoxation of by #11 of the partners ina
partiorehip. both gonoral and silent pastners, ox the individu)
sole proprietor if sane applies.
Section Qui, aupLiaation Yea, “the “nonerefundable fea
foutabliched by tho county to cover tho coste of rocessing and
reviewing the application, giving notice to effective property
omora, and advortiaing a public hearing shall, be a mininon of
$5,000.00 o the actual cost of processing and roviowing the
application, whichever is greater, and shall include the osts of
egal and technical eview, and the minimim fae shal be payable by
the appLicant with the application.
1X, URIXG_IEARENG AND HEABENE YOR 7"
Saotion 0.1. Within 60 days after the xeceipt of @ conplate
application, as dotermined by the’ Board of Supervisors ox Ate
agent, the Hoard shal hold a public hearing on thd proposed siting
of the sold waste management facklsty. she Nesting aha). be
advortseod as all other non-xevenie ordinances axe advoxtsaed. ‘tho
Honea shall make @ deotsion following the public heasing no latex
than 120 days followig the receipt of the complete appLicatson, Tt
the Board approves the siting logation, “ke shall issue a
coxtisionta ax specified by Sootion 10.1-1400.1 TH the Hoard
declines to use a Cortificnto, it shall advise the applicant of
‘the oaons fox declining to Sanve a Cerbisicate,
Sockion.9.2. Tf the Rosrd of Supexvisore ox its agent xeturne
fan applicntion to an applicant with instructions to provide
agditional information, because of tho appLicant’e failure 26
contain approval xogulred hy any ondinance of tussolt County or tho
code of Virginia, oF bécmuse of the application of this or any
‘other oninanes prohibiting the establishaent, operation or
maintenance of a peivatoly’owned or privately operated solid vaste
rainagonont £a0iLtty, the applontton shall be deoned Snconplote and
no farthor action by the Board or ite agent shall. be xequixed yes
thie nenson Zor the,zoturn of the applicntioil has been corzected.
Showa any application bo go rotwrned, the applicant shall have the
sigh’ to wenubmit the application to be reviewed by the Donrd or
‘ive agont ‘for coupletonoss without the deposit of any addtional
application foe.
Section 9.3. the submission of any application pureuant to
326
(EOF CERTIFICATE ___. _ -
Tn making a decision as to whether the
_ cortisteate shall be tanued, the Roaxd of Supoxvisore shall
considex the potential affect of the proposed solid waste
managonont faci ity on the health, safety and welfaze of the County
and Sta xesidents and the exiteria set forth in tile oxdinance.
Sablon 10.2, the Roard of Supoxvisors, in dotornining whether:
to tome a Cortiticate, may also consider yhother the proposed
foctity io compatible to oxieting land uses and what visual
barrioxs such as too buffers ox bers axe to soxeon the nite from
adjacent residences, schools, “hospitals, churches, parka and
reoreation aroas and retell establishnents. tho Boaxd of
Supenviore nay consider Litter on the aecoss xoad to the site,
fugitive dust, noise, odor, hours of opexation, aiid axtistetal
Lighting that my negatively effeot adjacent uses of land,
2X1, DENIAL OR_TSSVANCE OF CERIIRTCAEE
Section 12.3. Tn denying a Certificate, the Board of
Supervisors way state conditions which, ££ complied with, would
xosult in’tho, issuance of a Coxtificate, and if the applicant
agrees to conply with «uch conditions and.remubaits his application
containing al1. such conditions, then, the Board my grant a
‘outLtleato. upon further publie heaning, ©…
sogtion’1L.2. If a Caxtiftoate {9 granted, the Centificate
shall, none the applicant,| it address, describe in detail the
socation of tio whte and LLét-this Upboe ot wold wiske vblch way be
Aisponed of on the site. the Coxtificite shall speottioally xeter
to the date of the applidation and specifically list iy date of
‘ony awondments thoxeto, When a Certificate is fesued, the
Contificate shall tate that’ thd locdtion and operation of the
facility axe consistent with all applicable ordinances of the
county." A copy of the application and ali anendnents thereto shall
be attached to the copy of the Coxtifionte which is to be filed by
‘tie applicant with Dante :
fection 11.3, No Certificate shall bo issued 4f the Boazd of
Supexvisors deterninos that tho applicant lacks suffictent
financial resources to safely and adequately éstablish, operate,
maintain, and close a proposed facility.
Boction 1L.d. No Certificate
Supervisors determines that tho applicant, its omens, officers,
hall be Ageued Af the Hoard of
“any corporate entities in which the agplicant owns ox has, owed an
Asitoyoat, or any Key portonnel identified in che application and
any application subnitted to Diit-have beon found to have violated
any fodoral or stato onvixonnontal Lams on xegulations
ZXxK, NODIETONFYON/HRANSFER/LAPSE/REVOCATON
Segtion 12
No Cextificate Lssuod puisant to this Ordinance
shal. be transforrablo, A material change in the corporate
ownexship of any corporation that has heeri Sneued a Coxtificate
‘ . Be7
public hearing. 2 Gite may.be Yeoreaced in pine oy"the types’ of
Se minito-0n- vol une ~ttp0sod- of may-borreitvat-without™ mTOR
Coxtiticate or the subminsion of new application. Provided, that in
‘the event of n reduction in thd’ size of the site or xeduction in
‘typos of waste to he handled at any tine after the tesuanco of the
Coxtificate, the applicant shall within 30 days theroof file with
‘tho Board of Supervinors a new plat of the aite and a now
Aoscrtption of the typos of waste which ehall be dfeposed of at the
alte.
Section 12.2, Any Certificate feoued purevant to thie “
Ordinance shall lapse twolve months after the final action of the
Bourd of Supervisors on the application unless the holder of the
Certificate has bogun the actual constmotion of the proposed
faolity.
Boction_1

Toy Cortificate granted pursiant to this
Ordinance shall lapse 1f at any tine the holder of the Certificate
shall coase operation of the facility fox a period of twelve

months,
Seation 12.4. Any Certificate granted pureuant to thie
ordinance may, be Zevoked By tho Board of ouporvisoxs"ahould the
Board determine that the facility Ls béing operated or maintained
{tna mannox that poses a substantial prosont or potential hazavd to
human oaXth or the emedxonnont.
Section 12.6. Any Cextitioate granted purwent £0 this
Ordinanco or pursuant to any prior ordinance may be revoked by the
hoard of Supervisors should the Board determine that the grant of
tho Certificate was based on an application containing materiel
misreprosontations or omissions.
ITT, ‘CONSENUNKG AUNHORTY OF THE HOARD oY SUPERVISORS,
Soction 13.1, the Roard,of Supervisor’ xeserves the right to
make such inspections of the site as necousary to camry out the
punposes of this Ordinance, ‘tho Hoard xesoxves the right to suspend
and close a facility upon a finding by the Boaid of imminent
angers to the public and/or to the envixonent, The Boaxd will
provide a xeason fox such closing to the facility manager and ower!
and a list of corrected actions to be taken to aorrest ouch
problems.
2OV, SHVERMBTLAEY
sects - Should any section ox provision of this
Ordinance bo declared by a.court of conpetent jurisdiction to be
invalid, such deoinion shall not effect the validity of the
Ordinance as a whole or any part thereof other than the paxt or
parts that are declared to he invalid,
xv, 6 AND_ENEORCRM
Section 15.2. The Comty Adainteteator of Russoll County shall
bo xesponsible for enforcing the xequirenonts of this Ordinance.
Section 15.2, Violation of thie Ordinange and any other golid
waste ordinance praviovaly arnnted fn preeat?
separate offense. Ini addition, tho provisions of this Ordinance may :
po=onfoxeed~by~a~aubifontnjunetive-rolLlof—in-a-utave-eotnt—of
‘conpotont Jurisdiction,
Sactiion 18.3. Nothing in this Ordinance shal be constxed to
oxonpt any person oF applicant fron aay othor foderal, state, ot
Jocal xegulations zequired for the ostablishnent, operation, or
maintenance of a polid wasto managonont faciLity. other such
xogulations include, but shall not be Lnited to, tho Nationa
ishing Enhancement Act of 1904,.tho Cloan Water Act, tho National
nivixonnental Polley Act of 1969, the Fish and WildLife Act of
1956, the Kedoval Power: ot of 1920, tho iistorte Pxesorvation Act
of 1966, tho imdangered spoctos act, and the Virginia vaste
Jinnagament. net.
u
‘GHIATRAN, “GORD OF BUPERVISORS
‘OP RUSSELL, COUNTY
Come TTNTSTANTOR