A. Rules And Regulations: The enforcement agency shall enforce rules and regulations governing the health, safety, welfare and environmental aspects of solid waste management within this locality. These rules and regulations must be compatible with state law and applicable state rules and regulations.
B. Inspections: In order to ensure compliance with the laws of this state, the ordinances of this locality and the rules and regulations authorized herein, the district and the enforcement agency are authorized to inspect, at reasonable times, all phases of solid waste management within this locality.
C. Notices: In all instances where such inspections reveal violations of this chapter, the rules and regulations governing solid waste management, or the laws of this state, the enforcement agency shall issue written notice for each such violation, stating therein the violation or violations found, the date and time of such violation and the corrective measures to be taken, together with the time in which such corrections shall be made. All such notices shall be kept in a clearly marked file and shall be available for public inspection during regular business hours.
D. Citations:
1. In all notices involving permit holders where the corrective measures have not been taken within the time specified, the enforcement agency shall cite the violator to appear before the district; provided, however, in those cases where an extension of time will permit correction and where there is no public health hazard created by the delay, one extension of time, not to exceed the original period, may be given.
2. In all instances where the inspections authorized in subsection B of this section reveal violations of the laws of this state, the ordinances of this locality, the rules and regulations in subsection A of this section, or when the enforcement agency is aware of any such violation, the violator shall be cited to appear in court at a day and time shown in the citation.
E. Hearings: The enforcement agency shall appear, through its authorized personnel, and present its evidence, through the county attorney's office, of the violations charged. The permit holder cited may appear in person or through his attorney and may cross examine the enforcement agency witnesses prior to presenting evidence on his behalf.
F. Opinion: The district shall decide the issue and shall, within ten (10) days of the conclusion of the hearing, render an opinion in writing, in which opinion he may suspend or revoke the permit or permits involved in the hearing.
G. Injunction: In all cases where the violation of this chapter or the rules and regulations authorized herein, or the laws of this state, create an immediate threat to the safety, health, welfare or environment of the residents of this locality, the enforcement agency shall cite the violator, stating therein the necessary corrective measures that must be taken forthwith, the enforcement agency shall notify the county attorney who shall immediately apply to the court for an injunction prohibiting further violation as shown in the notice authorized in subsection C of this section. The provision of this subsection shall be in addition to and not in substitution of any other section or sections. (Ord. 93-03, 8-2-1993, eff. 10-1-1993)