(A) Violations of this subchapter shall be considered in two tiers. Tier I violations shall be considered as minor, non-critical violations. Tier II violations shall be considered as critical violations. More than two Tier I violations shall be construed as a single Tier II, or critical violation. Examples of Tier I violations are, but are not limited to: missing a posted sign, hole in the fencing, but fence otherwise intact, minor incursion of the setback requirement, and the like. Examples of Tier II violations are, but are not limited to: samples taken are in excess of accepted limits, application during improper soil conditions, gaping holes in the fencing, and the like.
(B) If the biosolid land application permit holder or an employee of the permit holder is found to have any Tier II infraction, they shall be considered to be in violation of the entire subchapter. Every Tier II violation is a distinct and separate violation. As an example, if four Tier II provisions are violated, four separate violations have occurred. The penalties for violations are as follows:
(1) For the first violation, the State Department of Environmental Management shall be notified in writing by the County Health Department and the permit holder shall be banned from the land applying biosolids for a period of not less than six months from the date of such violation;
(2) For the second violation, the State Department of Environmental Management shall be notified in writing by the County Health Department and the permit holder shall be banned from the land applying biosolids for a period of not less than 12 months;
(3) For the third violation, the State Department of Environmental Management shall be notified in writing by the County Health Department that the permit holder is banned from land applying biosolids in the county, and the county shall also petition the State Department of Environmental Management and request that the State Department of Environmental Management revoke the biosolid land application permit; and
(4) Fines for each violation shall be imposed in addition to the penalties above in the amount of $1,000 per each Tier II provision that is violated plus any and all costs incurred by the county to collect the fine. Each day that such violation continues shall constitute a separate offense.
(BC Ord. 3-2002, passed 3-18-02)