Village of Inglewood
ORDINANCE NO. 2017-008
AN ORDINANCE TO PROVIDE THAT FILL BROUGHT INTO THE VILLAGE OF INGLEWOOD MUST HAVE MINIMUMAL CONTAMINATES; TO REQUIRE THE OBTAINING OF A FILL PERMIT; TO PROVIDE FOR CHEMICAL TESTING OF FILL; TO PROVIDE A PENALTY FOR VIOLATION; TO REPEAL PRIOR OR CONFLICTING ORDINANCES; TO PERMIT ADDING TO MUNICIPAL CODE AND RENUMBERING; AND TO PROVIDE FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CHAIRMAN AND THE BOARD OF TRUSTEES OF THE VILLAGE OF INGLEWOOD, NEBRASKA:
Section 1. That Chapter 4, Article 3, of the Municipal Code of Inglewood, Nebraska be added/amended to provide for a new section to read as follows:
Section 3. FILL DIRT AND OTHER FILL SHALL BE FREE OF ANY CONTAMINATES. All fill dirt and other fill brought into the Village of Inglewood shall be free of any contaminates. Fill dirt and other fill shall contain minimal amounts of concrete, lumber, trees, steel, chemicals or any other contaminates.
Section 2. TESTING FOR CHEMICAL CONTAMINATES. Anyone bringing thirty (30) tons or more of fill dirt and other fill into the Village of Inglewood shall first have such fill tested for chemical contaminates and obtain a certified copy of such testing for chemical contaminates showing that the fill does not contain any chemical contaminates.
Section 3. FILL PERMIT. No person, firm or corporate entity shall bring in thirty (30) tons or more of any fill dirt or other fill without first obtaining a fill permit from the Village of Inglewood. No fill permit shall be issued until such person, firm, or corporate entity presents to the Village of Inglewood the certified copy of the chemical analysis showing no chemical contamination in the fill and otherwise certifies that the fill does not contain any concrete, lumber, trees, steel or other contaminates. Chemical testing and obtaining a permit under Sections 2 and 3 of this Ordinance shall not be required for less than thirty (30) tons of fill dirt brought in for landscaping or leveling any current lot.
Section 4. FEES FOR PERMIT. At the time of adoption of this Ordinance the fee for the fill permit shall be set at $50 per lot.
Section 5. PROPERTY OWNER RESPONSIBLE. The property owner of each such lot for which fill dirt or other fill is brought into shall be responsible for the fill dirt and other fill to ensure the fill does not contain any concrete, lumber, trees, steel, chemicals or other contaminates.
Section 6. VIOLATION, PENALTY. Any person, firm or corporate entity who shall bring thirty (30) tons or more of any fill dirt or other fill into the Village of Inglewood containing more than minimal amounts of concrete, lumber, trees, steel, chemicals or other contaminates shall be guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $100 for each offense for which such person stands convicted, together with cost of prosecution. Any property owner who allows or causes thirty (30) tons or more of fill dirt or other fill containing more than minimal amounts of concrete, lumber, trees, steel, chemicals or other contaminates to be brought into or onto such property owner’s property shall be guilty of a misdemeanor; and, upon conviction thereof, shall be fined an amount not exceeding $100 for each such offense. A new violation shall be deemed to have been committed every 24 hours until the contaminated fill dirt or other fill is cleaned up and removed from the Village of Inglewood.
Section 7. REPEAL OF PRIOR ORDINANCES. That any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this Ordinance and in conflict with its provision, is hereby repealed.
Section 8. RENUMBERING. This ordinance may be made a part of the Municipal Code of Inglewood, Nebraska, and the sections hereof may be renumbered by the Municipal Clerk to conform with the numbering and arrangements of the Municipal Code Book.
Section 9. EFFECTIVE DATE. This Ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.
Passed and approved this 4th day of December, 2017.