(A) Heretofore on or about January 6, 1988, the state has heretofore promulgated and adopted certain revised solid waste articles as specifically and completely set forth in 329 I.A.C. §§ 2 et seq.
(B) The Board of Commissioners of the county does hereby adopt in its totality Rule 12 of the revised solid waste article, the rule dealing with financial responsibility. The rule was authorized by I.C. 13-1-12-8 and I.C. 13-7-7-5, and has affected I.C. 13-1-3, I.C. 13-7 and I.C. 36-9-30 . This rule in its entirety regarding financial responsibility is specifically and completely set forth in 329 I.A.C. 2-12, and is applicable to the county landfill disposal facility as that facility is required to have a permit as specified in 329 I.A.C. 2-8-1 on and after September 1, 1988.
(C) The County Commissioners, in adopting Rule 12 regarding financial responsibility, do hereby agree to the following proposals as set forth in the rule: establish financial assurance for closure of the facility as set forth in 329 I.A.C. 2-12-2, regarding the establishment of a trust fund, security bond, letter of credit, insurance and adopt a financial test, if applicable, to the county landfill. Furthermore, the County Commissioners specifically adopt the financial responsibility for and the establishment of financial assurance for post-closure care of the facility, including, but not necessarily limited to, the establishment of a trust fund, security bond, letter of credit, insurance and the establishment of a financial test, if applicable, to the county landfill.
(D) The County Commissioners do further specifically adopt § 7 of the rule/regulation regarding the requirement that they notify the Commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under U.S.C. Title 11, naming permittee as debtor with ten days after commencement of proceeding; do furthermore agree that they shall abide by any penalty for failure to fund financial responsibility as set out in the section; to further agree to abide by § 8 of the rule and regulation regarding further penalty for any failure to obtain, maintain or fund any financial assurance mechanism as required by this rule within the prescribed time limits which shall be deemed to endanger human health and environment and be sufficient cause for the immediate revocation of the county landfill facilities permit and final closure.
(E) This section shall be in full force and effect from and after its date of passage by a majority vote of the quorum present on the date of the County Commissioners and the County Highway Department, the county entity which operates the county landfill, as well as the County Auditor is hereby ordered and directed to comply with the provisions of this section as herein above set forth and adopted this date, as the ordinance furthermore adopts Rule 12 of 329 I.A.C. §§ 2 et seq., all as specifically set forth in 329 I.A.C. 2-12-1 as promulgated by the state, and adopted by the state on or about January 6, 1988.
(Ord. 1-88, passed 4-18-1988)
(A) The county does hereby establish a county solid waste management district to be known as the “Daviess County Solid Waste District” (or “District”), organized pursuant to I.C. 13-19, to perform all of the functions authorized and directed by the statute, as it is now promulgated or as the same may hereafter be modified. The District shall be controlled by a board of seven members known as the “Daviess County Solid Waste District Board of Directors”.
(B) All of the incorporated and unincorporated territory of the county shall be included in the District.
(C) Pursuant to I.C. 13-19, each member of the Board of Commissioners serves as a member of the District Board of Directors, with terms to be coextensive, with the member’s term of office on the County Board of Commissioners.
(D) The remaining four members of the District Board of Directors shall be appointed as follows:
(1) One member appointed by the Board of Commissioners and representing municipalities in the county other than the largest municipality;
(2) One member appointed by the County Council from its membership;
(3) The Mayor of the City of Washington; and
(4) One member appointed by the Common Council of the City of Washington from its membership.
(Ord. 91-5, passed 6-10-1991; Am. Ord. 2015-1, passed 2-23-2015)
(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
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person violating any of the provisions of § 50.03 shall be for each offense be punished by a fine of not less than $200 and not more than $2,500.
(Ord. 91-7, passed 12-30-1991)