A. Surface Cover Maintenance. The individual landowners are responsible for maintenance and repair of surface covers on their property. The city shall have the right to make necessary repairs to surface covers if the landowner fails to do so in a timely or appropriate manner. In that event, the city shall have the right to recover its costs from the landowner. The city shall also have the right, in its sole discretion, to charge the landowner for the costs of the city’s work related to the property, in an amount established by ordinance. This right to impose these costs does not apply to the Union Pacific property or UTA property.

B. Storage of Surface Covers, Slag Materials. Subject to subsection I of this section, materials excavated from beneath final surface covers must be segregated in a reasonable fashion from such surface cover materials. Where present, slag materials must also be segregated from materials underlying the slag. Storage of slag materials must also limit or prevent human and environmental exposure (e.g., limited access, dust suppression, etc.). Storage and management of excavated materials must be described in reasonable detail and performed in accordance with the materials management plan discussed in subsection G of this section.

C. Storage of Materials from Below Demarcation Layer. Subject to subsection I of this section, materials excavated from below the demarcation layer may be stored on plastic and covered with plastic or cloth tarp for a single eight-hour work shift. Storage for up to twenty-four hours adjacent to the work area is permitted if the storage area is secured by temporary fencing. Storage beyond twenty-four hours must be in roll-off bins with secured tops or equivalent. In lieu of the foregoing specific management requirements for materials excavated from beneath the demarcation layer, it will be sufficient for a contractor to comply with applicable OSHA worker health and safety laws, rules, and regulations pertaining to such materials. Storage and management of excavated materials must be described in reasonable detail and performed in accordance with the materials management plan discussed in subsection G of this section.

D. Replacement of Excavated Materials. Subject to subsection I of this section, reasonable efforts should be used to return excavated materials to the original excavation. If excavated materials are returned to the excavation, any materials beneath the demarcation layer must be placed first, with the demarcation layer being replaced to the excavation and compacted as appropriate, followed by restoration of an appropriate surface cover. To the extent practicable, any new demarcation layers must tie into existing demarcation layers prior to the placement of surface covers. If the demarcation layer consists of slag, the minimum thickness must be twenty-four inches; otherwise a brightly colored geotextile fabric must be used. Worn or damaged geotextile demarcation material in an excavated area must be replaced with new material. Any leftover waste material must be managed in accordance with this section.

E. Relocation of Excavated Materials. Reasonable efforts should be used to appropriately redistribute excess materials excavated from beneath final surface covers within the area of excavation, in accordance with the requirements of this section. However, except for calcine material, excess excavation materials may also be relocated to any area within the Bingham Junction South property. Calcine materials may be relocated only in areas that are within the calcine area, without further approval from the EPA and the UDEQ. In connection with the relocation of such excess excavation materials, a demarcation layer consisting of a minimum twenty-four-inch layer of slag or other appropriate demarcation material shall be placed on top of any relocated materials, followed by an appropriate surface cover. Worn or damaged geotextile demarcation material must be replaced with new material. Any new demarcation layers shall, to the extent practicable, tie into existing demarcation layers prior to placement of surface covers. Compaction requirements from the city of Midvale must be satisfied. If the surface cover consists of a vegetated soil cover, the minimum depth must be eighteen inches (twenty-four inches for residential use) and the area must be reseeded and vegetation reestablished. Relocation of materials to undeveloped areas of Bingham Junction South must not result in slopes exceeding the maximum slope established in the remedial design for Bingham Junction South or otherwise adversely affect storm water management systems.

F. Off-Site Disposal. Subject to subsection I of this section, any soils or other materials from beneath the demarcation layer that must be disposed off site must be disposed in a permitted landfill. Wastes must be characterized in accordance with the requirements of the permitted disposal facility and disposed of in accordance with applicable federal and state hazardous and solid waste laws. Off-site disposal of waste material in excess of ten cubic yards must also comply with Paragraph 13 of the Consent Decree. Excess slag materials may also be beneficially reused off site as engineered fill as well as aggregate in concrete. Any beneficial reuse shall be explained in the materials management plan.

G. Environmental Plans and Approvals. Site plan approval as defined and required by Section 17-7-3 and regulated by Section 17-7-9 of the Midvale City zoning ordinance shall be obtained before initial site development, future redevelopment or change in land use. Environmental plan applications shall be made available through the city community and economic development department. In the application, the applicant shall disclose the presence of hazardous substances on the site and identify the type and location of reports pertaining to the location and type of hazardous substances on the site. In conjunction with the submittal of the preliminary site plan application, the applicant shall submit, to the city community and economic development department, documentation that shall include an attestation that the applicant is aware of the current site condition and will comply with all institutional controls. Applicant submittals and requirements under this section are summarized in this section, which are in addition to and in conjunction with the requirements identified in Sections 17-7-3 and 17-7-9 of the Midvale City zoning ordinance:

H. Intrusive Activity Plan. If any intrusive exploratory activities (such as excavations, borings, CPT soundings) or foundations (such as piles or drilled shafts) are proposed for the source or plume areas (as depicted in Figures L and J attached to the ordinance codified in this chapter) at depths greater than twenty feet, plan approval must first be obtained from the city of Midvale. The plan must include a detailed description of the proposed exploration or construction activity as well as the mechanism(s) that will be used to prevent cross-contamination between the two aquifers. The plan must be approved by the city of Midvale prior to implementation of the work.

I. Procedures for Testing Materials. Excavated materials, soils, slag, and other materials excavated from beneath the final covers, barriers, and demarcation layers shall not be subject to the materials management provisions of subsections (B) (C) and (D) of this section, for use within the Bingham Junction or Jordan Bluffs areas, if the results of voluntary testing of a representative sample of such materials are at or below the EPA action level applicable to Bingham Junction South. Material testing below the EPA’s action level for Bingham Junction South, but above the EPA’s four hundred ppm screening level for lead, shall not be considered clean fill for uses outside the Bingham Junction or Jordan Bluffs area from which it was excavated, without prior approval of the city, the UDEQ and the EPA. Procedures and protocols for testing of such excavated materials shall be approved in advance by the city, the UDEQ and the EPA on a case-by-case basis.

J. Notice to Contractors. Contractors performing earthwork within the Bingham Junction South property will be informed of the presence of contamination and informed of applicable EPA documents. Contractors will be required to comply with applicable environmental laws and regulations, including OSHA. (Ord. 6/26/2007O-8 § 1 (Exh. A (part)))