(A) Prohibited. No owner, occupant, tenant, or lessee of any property shall deposit, store, or permit to accumulate any garbage or solid waste upon such property that is not stored, or disposed of, in the following manner.
(1) It shall be unlawful for any person to store any garbage in any container that is not durable, rust-resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable with a close-fitting, fly-tight cover in place with adequate handles or bails to facilitate handling, not to exceed 35 gallons capacity, or other types of containers conforming to the intent of this law. It shall also be unlawful for any person to store garbage of a perishable or offensive nature for more than one week in any type of container.
(2) Solid waste or garbage shall not be deposited, stored, or permitted to accumulate on any property in such a manner that it will provide food or harborage for rodents and vermin or will create a fire or safety hazard.
(3) It shall be unlawful for any occupant of any dwelling or dwelling unit to place or leave outside of any building longer than 72 hours any dilapidated furniture, icebox, refrigerator, stove, or other appliance, machinery, equipment, building material, or other item which is either in a wholly or partially rusted, wrecked, junked, dismantled, or inoperative condition, which in the opinion of the Health Director constitutes a potential public health problem. This section shall not apply to a licensed junk dealer.
(4) It shall be unlawful for any person to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or any other container of any kind which has an airtight snap lock or other device thereon without first removing the snap lock or doors from the icebox, refrigerator, or any other container of any kind which is crated, strapped, or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof.
(5) No person shall throw, dump, deposit or cause to be thrown, dumped, or deposited solid waste on property owned by himself, herself, or another person, or on any public highway, street, or road, upon public parks or recreation areas, or upon any other public property except that property specifically designated for that use.
(6) It shall be unlawful for any person to dispose of garbage or solid waste at any place other than in a manner approved by law. Acceptable means of solid waste disposal includes the following:
(a) Contracting with franchised garbage service;
(b) Hauling garbage and solid waste to a public sanitary landfill site;
(c) Burying garbage and solid waste on the property owners’ property in a safe and sanitary manner and at a depth and with proper cover sufficient to prevent the uncovering of the same by animals or fowl, and at a distance from any body of water sufficient to prevent contamination;
(d) Burning solid waste in an incinerator that has all required local, state, and federal air pollution control permits; and
(e) By any other method, including reclamation and recycling processes, that has been approved by the State Division of Health Services.
(7) Where there is more than one premises located in a residential building or mobile home park, it shall be the responsibility of the owner or person in charge of each building or mobile home park to contract with the licensed garbage collector and to pay for the regular collection of all garbage from each premises. An owner of a multi-premises building or mobile home park may apply to the Health Director for an exemption if he or she can show that he or she is now disposing of garbage in a safe and sanitary manner as outlined in this chapter. It is the responsibility of the owner or person managing rental property to see that the residents dispose of their garbage in a lawful manner.
(B) Sanitary landfills. Any landfill located in the county shall be operated according to rules and regulations providing standards for solid waste disposal adopted by the Commission for Health Services (Bulletin No. 411). The operational requirements for a sanitary landfill as outlined in 15A NCAC 13B. 0505, or as amended, are made a part of this chapter by reference.
(1) The sanitary landfill of the county may be used for the disposal of solid wastes by any person who is a resident of the county during regular hours of operation of the landfill. Solid wastes shall be disposed of at the landfill in the manner and according to the procedures required by the Landfill Superintendent or his or her representative.
(2) The following waste may not be disposed of in the landfill:
(a) Radioactive wastes;
(b) Hazardous waste;
(c) Infectious wastes;
(d) Wet sludge;
(e) Bulky wastes;
(f) Any solid waste that creates a difficult operational problem at the landfill;
(g) Burning material;
(h) Cable, wire, springs, steel, and similar materials in large quantities or in lengths exceeding three feet; or
(i) Dead animals, unless with written permission of the County Manager.
(j) Construction & demolition waste
(C) Illegal dump. Any person or persons having an illegal solid waste dump shall upon notification by the Health Director take the following action:
(1) Implement effective rat control measures for at least two weeks after closing the dump to prevent rat migration to adjacent properties (if determined necessary by the Health Director);
(2) Compact and cover existing solid waste with at least two feet or more of compacted earth approximately two weeks after any necessary rat control baiting;
(3) Implement erosion control measures by grading and seeding as necessary; and
(4) Post signs indicating the dump site closure.
(D) New buildings. No building or buildings shall be erected on any land or lands where there has been, or is being, any garbage or solid waste deposited until tests are made of property showing there is no danger in future of settling or explosion due to methane gas being formed from the solid waste that has been deposited.
(E) Self-transport. Any person collecting and transporting solid waste generated on his or her own property for disposal at an approved disposal site shall comply with § 50.04(C) concerning vehicles and containers.
(F) Open burning prohibited. There shall be no open burning of garbage by any person.
(G) Demolition pit. Anyone wishing to operate a demolition pit shall make a written request to the Health Director, listing the names of persons who will be using the pit, what type of solid waste is to be put into the pit, and to what use will the land be put when filled. Demolition pits shall be operated in accordance with solid waste rules and regulation of the State Department of Human Resources, Division of Health Services, and shall be approved by the Division of Health Services.
(H) Private container. It is unlawful for an person other than the county to deposit solid waste in a private container without the owner's permission.
(I) Administration and enforcement. The Davie County Board of Commissioners authorizes the administration and enforcement of this section. The administration and enforcement of this section shall be vested with the County Manager, the Solid Waste Director, the Health Director and shall be administered in cooperation with the Environmental Health Division of the Davie County Health Department and the Davie County Sheriff Department.
(1996 Code, § 50.05) (Ord. passed 5-6-1985; Ord. passed 10-3-2016) Penalty, see § 50.99