(A) Department established. The Board hereby establishes the Department which shall be headed by the Manager. The Manager shall be appointed by the Board and shall be responsible for the daily operation of the landfill.
(B) General conduct.
(1) No person shall pick, scavenge, remove or take waste or other materials of any type or character from the landfill unless the material is being utilized by the landfill or first receiving written permission of the Board or Manager or Operations Supervisor.
(2) No person shall deface, destroy or in any fashion damage any county property, whether real or personal, located at the landfill, including mounds, stacks, fills and other work products of the county government at the landfill.
(3) Every person shall grant landfill equipment the right-of-way in any construction area in the landfill.
(4) No person shall loiter or solicit, as those terms are defined by state law, within the landfill.
(5) No person shall possess or consume any alcoholic beverage, illegal drug, or illegal substance while within the landfill.
(6) No person shall use tobacco products or electronic cigarettes at the landfill except in designated areas.
(7) No person shall hunt within the landfill.
(8) No person shall verbally or physically abuse any employee of the Department. Employees of the Department will notify local police if any person is verbally or physically combative.
(9) No person shall possess or deposit any substance prohibited from being deposited in a landfill under Indiana law.
(10) No person shall abandon any container or vehicle or leave it unattended unless first receiving permission from the Board or Manager or Operations Supervisor.
(C) Unloading of waste.
(1) No vehicle shall be used for transporting of solid waste unless it is constructed to prevent the sifting, dropping, falling, and releasing of those materials as they are being transported.
(2) All solid waste being transported in the county shall be kept under the uppermost level of the side boards and tailgate of the vehicle transporting it, unless that material is fully enclosed in containers. Vehicles transporting solid waste shall, at all times except when loading and unloading, be kept completely and securely covered so that no part of the contents shall sift, drop, fall, be released or be exposed to view.
(3) Any solid waste brought into the landfill is subject to search to determine if it complies with the requirements of this subchapter.
(4) No person shall be allowed to enter the landfill after 15 minutes prior to closing time to unload a vehicle. All vehicles within the landfill shall be unloaded no later than closing time.
(5) No vehicle shall be uncovered and unloaded except at areas designated by the Board or Manager or Operations Supervisor.
(6) The Manager and the Operations Supervisor have the discretion to limit access and use of the landfill if conditions threaten the safety of Department personnel or members of the public, including but not limited to, extreme weather, high winds, fire, or bomb threats.
(7) The county shall not be deemed to assume liability for any damage to any vehicle if its operator requests that the vehicle be moved.
(8) No person shall unload solid waste at the landfill until he or she has received permission to do so from the Department.
(9) No person hauling solid waste shall have the equipment of their vehicle in dumping position, or the doors or gates of that vehicle open, except at the working face or designated unloading area of the landfill.
(10) No person shall operate any vehicle within the landfill above the posted speed limit.
(11) The Department may remove disabled or abandoned vehicles located within the landfill within a reasonable time at the expense of the owner as proved for under I.C. 9-27-1.
(12) The Department shall impose a daily waste volume restriction if daily waste volumes exceed a safe capacity as determined by the Manager.
(D) Complaint procedure.
(1) A person utilizing the landfill may file a written complaint concerning the operation of the facility with the Manager. The complaint must be filed with the Manager no later than the 72 hours after the activity occurs forming the basis of the complaint. The complaint must request that the Manager meet with the person filing it. The Manager shall notify that person of a date on which they shall meet to resolve the complaint. The hearing date shall be no later than 30 days following the filing of the complaint.
(2) The Manager shall issue a written decision concerning the complaint after the meeting. The person filing the complaint may appeal the decision of the Manager by filing a written request for a hearing with the Board of Commissioners no later than 72 hours after the person's receipt of the Manager's decision.
(3) The Board of Commissioners shall set a date and time for a hearing on the appeal. This hearing shall take place no later than 30 days after the notice of appeal has been filed with the Commissioners. The decision of the Commissioners at the hearing on the appeal is final.
(4) (a) The landfill is normally open for business during the following hours:
Day of the Week | Time |
Monday through Friday, inclusive | 7:00 a.m. to 4:45 p.m. |
Saturday | |
From April 1 to Third Saturday in November | 9:00 a.m. to 11:45 a.m. |
At all other days and times | Closed |
(b) The landfill is closed on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve (half day) and Christmas Day or their respective observed day.
(Prior Code, § 36-9-30-12) (Ord. passed 7-17-1972, 29 COM REC 194–195; Ord. passed 11-19-1979 (eff. 1-1-1980), 79 COM REC 580–581; Order of 12-21-1981, 81 COM REC 607–608; Order of 6-7-1982, 82 COM REC 199; Order of 11-15-1982, 82 COM REC 499; Order of 3-19-1984, 84 COM REC 155–156; Order of 11-4-1984, 84 COM REC 679; Res. passed 3-16-1985, 85 CCM 57–59; Order of 1-20-1986, 86 COM REC 25–28; Ord. 86-158, passed 3-17-1986, 86 COM REC 157–159; Ord. 89-352, passed 4-3-1989, 89 COM REC 352–353; Order of 10-1-1990, 90 COM REC 1811; Ord. 92-772, passed 8-3-1992, 92 COM REC 771–772; Ord. 93-809, passed 10-18-1993, 93 COM REC 809; Ord. 94-934, passed 8-22-1994, 94 COM REC 933–935; Ord. CO-2019-20, passed 6-17-2019) Penalty, see § 50.99