IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE granting a conditional use permit in District A (Agricultural) for a period of 25 years to continue a coal fly-ash landfill on 170 ± acres and expand the landfill boundary by an additional 44 ± acres for a total of 214 ± acres.
Intro
ORDINANCE # 3775 , June 5, 2006
Body
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section 1. A conditional use permit is hereby granted for a period of twenty-five (25) years to continue a coal fly-ash landfill on 170 ± acres and expand the landfill boundary by an additional 44 ± acres for a total of 214 ± acres, described as follows:
The 214 ± acres are generally located ½ mile ± east of Johnson Road on the north side of Twiehaus Road lying in all four quarter-sections of Section 1, Township 50, Range 30 in Jackson County, Missouri and more specifically described as:
Description:
NE ¼, SW ¼ of Sec. 1
S ½, SE ¼, NW ¼ of Sec. 1
N ½, SW ¼, SE ¼ of Sec. 1
N ½, SE ¼, SE ¼ of Sec. 1
NE ¼, SE ¼ of Sec. 1
NW ¼, SE ¼ of Sec. 1
S ½, SW ¼, NE ¼ of Sec. 1
S ½, SE ¼, NE ¼ of Sec. 1
Section 2. The conditional use permit granted by this ordinance is subject to the following conditions:
1. The coal fly-ash landfill shall comply with all applicable federal and state regulations and copies of all federal and state permits issued to Aquila shall be submitted to the Planning and Development Division.
The coal fly-ash landfill hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.
Aquila will continue to monitor and appropriately handle the leachate for 10 years after the landfill is capped and officially closed by the Missouri Department of Natural Resources.
There shall be no disposal of coal fly-ash within 200 feet of the Conditional Use Permit boundary line. This 200-foot buffer will be allowed to grow in a natural succession.
Section 3. The Legislature, pursuant to the application of Aquila, Inc. (CU-2006-190), requesting approval embodied in this ordinance and with notice that the Jackson County Plan Commission unanimously recommended approval of this application in a public hearing on May 18, 2006, does adopt this ordinance pursuant to the Jackson County Charter authorizing the Legislature to exercise legislative power pertaining to planning and zoning.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
____________________________ ________________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3775 introduced on June 5, 2006, was duly passed on ______June 26_______________, 2006 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______7________ Nays _______0_______
Abstaining _____0______ Absent _____2_______
This Ordinance is hereby transmitted to the County Executive for her signature.
________________________ _________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3775.
_______________________ __________________________________
Date Katheryn J. Shields, County Executive