Any person, regardless of whether he or she is required to be licensed, who collects, hauls, or disposes of solid waste shall comply with the following requirements.
(A) No person shall deposit solid waste except in approved solid waste acceptance facilities in accordance with § 50.04; no person shall scavenge; and upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory, no person shall deposit recyclables except in a separate container designated for that purpose, nor shall any person commingle recyclables with any other type of solid waste.
(B) No person shall cause solid waste except recyclables to remain or to be stored in any collection or haulage vehicle. In case of inclement weather, act of God, or emergency such as equipment breakdown or accident, no solid waste shall be allowed to remain or to be stored in any collection or haulage vehicle in excess of 24 hours. If an emergency arises or inclement weather occurs, the hauler is responsible for having the material removed to its intended destination in a timely manner.
(C) No person shall cause a vehicle to be used for the collection or haulage of solid waste if the design of the vehicle is such that any material could spill onto any roadway.
(D) No person shall cause a vehicle used for hauling solid waste to be used beyond its design capabilities or in such a manner that littering or spillage of the materials could occur.
(E) All work or collection crews operating solid waste collection systems shall take reasonable care to protect the property of customers being served. Any damage or spillage of materials occurring as a result of the collector’s actions shall be the collector’s responsibility.
(F) No person shall collect, transport, or deliver any solid waste in the county in such manner as to allow for littering, spillage, or the creation of a nuisance in any other manner. All loads shall be secured and covered, if necessary. No person shall collect, transport, or deliver recyclables if the recyclables are commingled with any other waste, except pursuant to the provisions of a license issued hereunder; and upon the passage of 90 days from the county’s adoption of a resolution declaring that recycling is mandatory.
(G) No person shall collect, transport, or deliver to any designated county facility any material that is or shows evidence of smoking, smoldering, or burning.
(H) In the event a person must dump materials in transit in an emergency due to smoking, smoldering, or burning, that person shall be responsible for immediately notifying the Department and the police and fire departments having jurisdiction, and shall be responsible for cleanup of materials dumped during the emergency. Cleanup shall be accomplished promptly, but in no event later than 24 hours after dumping, and the material shall then be properly disposed of.
(I) No person shall manage or dispose of a part or fraction of the waste stream except in accordance with all applicable federal and state laws and regulations and this subchapter.
(J) No person shall use open burning as a means of solid waste management in the county, unless permitted by the appropriate state or local regulatory authority.
(K) No person shall manage or dispose of any part of the waste stream within the county in any manner which results in or may result in the creation of any potential for contamination of existing natural environmental resources (i.e., surface water and groundwater quantity and quality and air quality, or that could result in any environmentally unsound condition).
(L) The county is hereby authorized to require that recyclables be disposed of separately from all other waste; provided, however, that the exercise of the authority hereby granted shall not be effective until the passage of 90 days from the day on which the county adopts a resolution declaring recycling mandatory. The county shall cause notice to be published in a newspaper of general circulation in the county outlining in substance the effect of their resolution declaring recycling mandatory. No person shall dispose of recyclables except as allowed under the provisions of this subchapter.
(2004 Code, § 185-3) (Ord. 94, passed 5-21-1992; Ord. 114, passed 4-14-1994; Ord. 02-08, passed 4-25-2002) Penalty, see § 50.99