(A) Transport permit requirement. It shall be unlawful within the boundaries of Boone County, Indiana, for any person to:
(1) Transport more than 50 cubic yards of solid waste in any seven-consecutive day period to a hazardous waste facility without holding a valid transport permit issued by the Board;
(2) Transport any hazardous waste to a hazardous waste facility without holding a valid transport permit issued by the Board; and
(3) Accept waste from a transporter if the transporter is not in compliance with the requirements of divisions (A)(1) and (2) above.
(B) Transport vehicle license requirement.
(1) (a) Each transport vehicle operated by a person subject to the requirements of division (A) above shall hold a transport vehicle license from the Board.
(b) There shall be displayed on both side of any such transport vehicle the following placard:
“Boone County, Indiana, licensed transport vehicle No. (year).”
(2) The numbers and letters used in such a placard shall not be less than two inches high.
(C) Application for transport permit. All persons shall make application for a transport permit 90 days in advance of the proposed start of operation unless a shorter time is approved by the Board. An application for renewal of a permit shall be made 60 days prior to the expiration date of the permit.
(D) Application for transport vehicle license. Applications for transport vehicle license for new transport vehicles or replacement of existing transport vehicles shall be submitted to the Board 30 days before the intended use of the transport vehicle unless a shorter time is approved by the Board.
(E) Permit and license issuance.
(1) Transport permit. The Board shall not issue a permit unless it finds that:
(a) The transport vehicles, other transportation equipment and transporting procedures of the applicant are such that transportation of waste to a hazardous waste facility within Boone County, Indiana, will not pose an unreasonable risk to the public health or public safety; and
(b) The applicant has committed in writing to maintain for each transport vehicle insurance against liability for damages sustained by a person other than an employee of the applicant within the following minimum coverage: $1,000,000 for the injury or death of any person as a result of an accident and $250,000 for property damage. Any insurance policy shall be written by a company authorized to do business in the State of Indiana.
(2) Transport vehicle license. A license for a transport vehicle shall be issued if the applicant operates the transport vehicle and holds a valid transport permit issued by the Board.
(3) Permit conditions and denial. A permit issued under this section shall contain such terms and conditions as are deemed necessary by the Board to protect the public health and the environment. In the event a permit application is denied, the Board shall send written notice by certified mail, return receipt requested, to the applicant and shall set forth the reasons for the action.
(F) Recording and reporting.
(1) Any person whose transportation of waste is subject to the provisions of this section shall keep records of all transportation and disposal of such wastes within Boone County, Indiana. These records shall include the date, source of waste, quantity, type and the point and method of disposal. These reports shall be submitted to the Board once per month and shall be submitted prior to the fifteenth day of the following month.
(2) The permittee shall be required to retain for a minimum of three years any records of transport activities subject to the provisions of this section.
(3) With respect to wastes subject to the provisions of this section, the permittee shall submit to the Board any manifest or other report required by 40 C.F.R. part 263 or by state law by the fifteenth day of the month following that month in which the manifest or other report was first prepared.
(G) Duration. A permit or license under this section shall be issued for a period not to exceed one year.
(H) Non-transferability. No permit or vehicle license granted under this section shall be valid in case of transfer.
(I) Fees.
(1) A fee of $200 will be charged and collected by the Board for each permit when application is made under this section, the fee to include the charge for issuance of a transport permit and one vehicle transport license. A fee of $50 will be charged for each additional transport vehicle license issued to a permittee. There shall be no refund of any application fee if a permit should be denied.
(2) A fee of $.10 shall be charged for each cubic yard of waste transported in Boone County, Indiana, which is subject to the requirements of this section. This fee shall be collected by the operator of the hazardous waste facility upon receiving waste subject to the requirements of this section and remitted at the end of each month to the Board together with the reports required hereby.
(3) The fee herein shall not be charged for any waste transported to any state, county or municipally owned and operated landfill in Boone County, Indiana.
(Ord. 81-3, passed 3-1-1982)