(A) Any person who dumps or deposits any waste material, litter, trash, appliances, tires or other materials or engages in any other illegal dumping of any materials along, or on, Wilson Switch Road, King Road, Ebenezer Church Road and Bennettsville Road, generally referred to as “landfill access roads” near the Clark-Floyd landfill, and other county roads in the county, commits an ordinance violation. Upon proof of the commission of such an act, by any person or entity, by a preponderance of evidence in any court of competent jurisdiction in the state, the violating party shall be subject to a judgment not to exceed $500, plus court costs and reasonable attorney’s fees incurred by the county for prosecuting such civil ordinance violation. The Board of Commissioners hereby authorize and direct its Clark-Floyd landfill representative and employee and the contractor with whom the Board has contracted for clean-up of the landfill access roads to report such instances of violation of this division (A) to the Sheriff of the county. The Sheriff of the county is hereby directed to prepare a police incident report upon such violation being reported and forward same to the office of the Board of Commissioners.
(B) Any person or entity who drives or presents a truck that is leaking any liquid or solid material from the load contained on such truck shall be, on the first instance of presenting such a leaky load, refused access to the landfill and: verbally warned that such leaky load will not be accepted at the landfill site on a subsequent occasion; and upon presentation or delivery of such leaky load by the person or entity who received the warning mentioned above occurring a second time, wherein leakage from the load is dropped or left on any landfill access road (including Wilson Switch Road, King Road, Ebenezer Church Road and Bennettsville Road), the person or entity operating the truck from which the load is leaking shall be deemed to have committed a civil ordinance violation. Upon receiving a report from the County Board of Commissioners’ landfill employee representative, as to the date of the warning first given to such offending party and as to the date of the second subsequent appearance with such leaky loads, the Board of Commissioners, upon receipt of such report from the Sheriff, shall authorize the attorney for the Commissioners to institute a civil action against the offending party and upon proof of such civil ordinance violation, by a preponderance of evidence, in favor of the Board of Commissioners, the offending party shall be subject to a judgment not to exceed $500, plus court costs and reasonable attorney fees incurred in prosecuting such action.
(Ord. 2-1990, passed 1-2-1990; Ord. passed 4-17-1990)