(A) Purpose. The purpose of this section is to regulate and control the disposition of solid waste in the county, and to prohibit the dumping or storing of the waste in a place other than a permitted facility, particularly along public road sides. It is also the purpose of this section to prevent a generator or owner of solid waste to escape liability by contracting with a third party to dispose of the solid waste which third party wrongfully disposes of the waste.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SOLID WASTE. Any garbage, refuse, household waste, household hazardous waste or other discarded material including solid liquids, semi-solids or contained gaseous material.
(C) Prohibited acts. No person or other legal entity shall discharge, deposit, throw or cause or allow any solid waste to be discharged, deposited or thrown or stored on any land in the county for final disposal that does not have the proper permits, and which is also the land not owned by the generator or owner of the solid waste.
(D) Defenses. It shall be a defense to the acts prohibited herein that the solid waste was deposited, stored or thrown by:
(1) An act of God;
(2) An act of war; or
(3) An act or omission of a third party other than the owner or generators or employee or agent and other than one whose act or omission occurs in connection with a contractual relationship existing directly or indirectly with the owner or generator of the solid waste if the defendant establishes by a preponderance of the evidence that:
(a) He or she exercised due care with respect to the solid waste concerned; and
(b) He or she took precautions against foreseeable acts or omissions of any third party, and the consequences that could foreseeably result from the acts or omissions.
(Ord. 91-7, passed 12-30-1991) Penalty, see § 50.99