5-2-10: PROHIBITED ACTS, CONDITIONS AND PENALTIES:
   A.   The commercial collection, transportation or disposal of waste for profit or gain by any person without a contract, franchise agreement, license or permit issued by the board is prohibited.
   B.   No contractor, person, or government entity shall haul, hold for transfer, transport or dispose of or allow accumulation of any waste within the areas covered by this chapter except to or in a disposal site and in a manner and under conditions established for operation of a disposal site.
   C.   Set forth below are the primary conditions concerning the types and amounts of waste material allowed for deposit at county operated disposal sites:
      1.   No hazardous wastes are allowed.
      2.   No sewage or human fecal matter is allowed.
      3.   No "liquid waste", as defined in this chapter.
      4.   Unless otherwise permitted by the division of solid waste management, all metal containers or drums larger than five (5) gallons in capacity shall have both ends removed and all plastic containers of like size, excluding sacks, shall have at least a twenty five (25) square inch opening cut in both ends.
      5.   All medical waste that consists of or includes sharpened or pointed items shall be packaged in one gallon or smaller rigid plastic containers and said container shall be completely sealed on both ends and identified.
      6.   No waste of any type shall be accepted or deposited that: a) became waste when located outside the boundaries of Ada County and b) was then brought into Ada County. This prohibition does not apply to waste generated as a result of recreation activities at the Bogus Basin Recreation Area.
   D.   No toxic, hazardous, or liquid waste shall be deposited in any refuse container intended for transportation to a disposal site.
   E.   No household hazardous waste shall be deposited in any refuse container intended for transport to a disposal site.
   F.   Commercially or industrially generated hazardous waste shall not be deposited in any refuse container intended for transport to a disposal site.
   G.   No container used to store a liquid, hazardous waste, or toxic material will be accepted for disposal at a county operated disposal site unless emptied and prepared in accordance with solid waste management division guidelines. Fuel tanks must be cleaned and perforated before they will be accepted for disposal. No compressed gas or air tanks will be accepted, except for propane tanks which are five (5) gallons or less in capacity, provided that solid waste management personnel or hazardous waste screeners at the public disposal area are first notified.
   H.   No biomedical waste shall be placed in any container or any public disposal area unless handled and treated in accordance with solid waste management division requirements.
   I.   No hot ashes and/or material capable of causing ignition or spontaneous combustion shall be placed in any refuse container, vehicle, or public disposal area.
   J.   No used motor oil or other automotive fluids shall be permitted in any refuse container. Used motor oil will be accepted at Ada County's household hazardous materials collection facility. Only household quantities of these materials are acceptable at the collection facility.
   K.   The solid waste management division reserves the right to prohibit, or to place disposal restrictions upon, any waste that may adversely affect a county operated disposal site. This shall also extend to any item that may pose a risk to the health or safety of employees at a county operated disposal site.
Disposal restrictions that may be implemented shall include, but are not limited to, item size restrictions, quantity restrictions, ability to recycle, special preparation requirements, and refuse source documentation requirements.
   L.   No person may divert to personal use any recyclable material placed in a container as part of the residential recycling program without the consent of the generator of such recyclable material, the contractor, or the solid waste management division, and no person may divert to commercial use any recyclable material placed in a sanitary container as part of a recycling program without the consent of the person owning or operating such sanitary container.
   M.   An exemption to subsections A and B of this section shall exist for persons to fill, grade or deposit inorganic solid waste in or upon property other than a disposal site, on the conditions that only inorganic solid waste be used and that the activity shall be subject to and done in accordance with the Ada County building code. In the event it is established that the filling, grading, or depositing of inorganic solid waste does not require a permit as set forth in the building code, and the amount of inorganic solid waste necessary to complete the filling, grading or depositing project exceeds a total of ten (10) cubic yards, then the landowner(s) on whose property such activity is to be conducted shall, before such activity is begun, obtain a permit issued by the solid waste management division and development services. No such activity may be lawfully undertaken without such a permit. The decision to grant or deny such a permit shall be dependent on compliance with conditions and standards designed to foster and protect the safety, health and welfare of the public.
   N.   Unless otherwise provided in this chapter, violation of any regulation, requirement, prohibition or condition of this chapter or the provisions of any permit issued pursuant thereto shall be a misdemeanor. If the violation is not remedied within three (3) days after citation or arrest is made by the proper enforcing officer, said violation shall constitute a new and separate offense. All such violations shall be punishable as provided in section 18-113, Idaho Code as it may from time to time be amended and/or retitled. Civil suits in addition to criminal prosecution may also be filed by Ada County to enforce the regulations and requirements of this chapter. (Ord. 577, 3-22-2005; amd. Ord. 603, 1-30-2006; amd. Ord. 744, 2-23-2010)