(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HEALTH OFFICER. The same meaning as local Health Officer in I.C. 16-18-2-212 and I.C. 16-20.
(B) Compliance. The owner of, and/or operator of, any solid waste processing facility or solid waste land disposal facility located in the county shall operate the facility in compliance with the terms and conditions contained in this section.
(C) Permitting system.
(1) The county will regulate solid waste land disposal facilities by establishing a permitting system for enforcing these standards set forth on, amended to, and incorporated by reference from the following sections of 329 I.A.C. 10:
(a) Rule 1, “General Provisions”;
(b) Rule 2, “Definitions”;
(c) Rule 3, “Exclusions”;
(d) Rule 20, “Municipal Solid Waste Landfills; Operational Requirements”;
(e) Rule 22, “Municipal Solid Waste Landfills; Closure Requirements”; and
(f) Rule 23, “Municipal Solid Waste Landfills; Post-Closure Requirements”.
(2) The county will regulate Solid Waste Processing Facilities by establishing a permitting system for enforcing these standards set forth on, amended to, and incorporated by reference from the following sections of 329 I.A.C. 11:
(a) Rule 1, “General Provisions”;
(b) Rule 2, “Definitions”;
(c) Rule 3, “Exclusions”;
(d) Rule 13, “Solid Waste Processing Facilities; Operational Requirements”; and
(e) Rule 21, “Transfer Stations”.
(3) The incorporated materials are available for public review at the office of the County Health Department.
(4) Where exceptions (exclusions) to incorporated state rules are necessary, these exceptions will be noted in the text of this section.
(5) The incorporation of state regulations as a county ordinance does not negate the requirement to comply with state regulations which may be effective in the county which are not incorporated in this section, or are retained as state authority.
(6) Exceptions (or exclusions) are as follows:
I.A.C. Reference
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Title
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I.A.C. Reference
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Title
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329 I.A.C. 10-1-5 | Variances |
329 I.A.C. 10-3-l(5) | Segregated wastes |
329 I.A.C. 10-20-11 | Surface water run-on and run-off control |
329 I.A.C. 10-20-12 | Erosion and sedimentation control |
329 I.A.C. 10-22-6 | Final cover requirements (new) |
329 I.A.C. 10-22-7 | Final cover requirements (existing) |
329 I.A.C. 10-23-3(c)(5) | Post closure cost estimate leachate table |
329 I.A.C. 11-1-4 | Variances |
329 I.A.C. 11-3-1(5) | Segregated wastes |
329 I.A.C. 11-13.5-11 | Inspections and recovery of costs |
(7) Amendments have been made for the following I.A.C. references:
(a) For 329 I.A.C. 10-1-3, amended to read “Sec. 3 Penalties for violation of this ordinance shall be governed by I.C. 13-14 and I.C. 13-30”; and
(b) For 329 I.A.C. 10-20-4(b), amended to read “(b) Cattle, hogs, poultry, or other livestock are prohibited from any filled area”.
(D) Technical criteria, regulatory compliance. Except as otherwise provided in this section, any solid waste processing facility (S.W.P.F.) or solid waste land disposal facility (S.W.L.D.F.) located in the county shall be operated in compliance with technical criteria and regulatory compliance set out in 329 I.A.C. 10 and 11, and I.C. 13-20.
(E) Permit obtainment. The owner and/or operator of any S.W.P.F. or S.W.L.D.F. required to obtain an operating permit pursuant to 329 I.A.C. 10 and 329 I.A.C. 11 shall also be required to obtain a permit to operate in the county.
(F) Permit application.
(1) Application for a local permit must be made at least 30 days prior to the initial date of operation or permit expiration. Applicants must submit copies of all applicable federal, state, and local permits and approvals with the Health Department application. The applicant shall be required to file a duplicate form of the application, and copy of all plans and specifications by the state required under 329 I.A.C. 10 and 329 I.A.C. 11 with the County Health Department (H.C.H.D.).
(2) Application must be made on forms provided by the County Health Department. Local operating permits shall be issued annually. Owners and/or operators of S.W.P.F. and S.W.L.D.F. located in the county which have I.D.E.M. operating permits on the effective date of this section will be presumed to be in compliance with the terms of this section and will be issued a local permit by the H.C.H.D. upon payment of the annual fee.
(G) Annual permit fee. An annual permit fee shall be required for each S.W.P.F. and S.W.L.D.F. If a site contains more than one type of solid waste facility, then a separate permit will be required for each facility.
(H) Permit fee. The permit fee will be set in the fee schedule overseeing the collection of fees. The annual fee is specified in the County Ordinance for the Collection of Fees. The county reserves the right to waive permit fees for publicly-owned and operated facilities.
(I) Reports. It shall be the responsibility of the facility owner and/or operator to submit to the County Health Department the following reports, if applicable:
(1) Quarterly waste disposal summary reports;
(2) Groundwater monitoring well sample reports;
(3) Stream sample reports;
(4) Leachate recirculation reports, or other reports and notifications required by the I.D.E.M.; and
(5) Reports requested by the H.C.H.D., or any other county, state, or federal department or agency.
(J) Enforcement. It shall be the duty of the County Health Officer to enforce this section. The Health Officer is authorized by the permittee to perform any activities that, in the Health Officer’s opinion, are required to enforce this section. These activities may include, but are not limited to:
(1) Inspections;
(2) Copying and reviewing documentation;
(3) Obtaining solid waste samples;
(4) Obtaining ground water samples;
(5) Obtaining surface water samples;
(6) Inspecting and sampling loads;
(7) Monitoring activities; and
(8) Other duties.
(K) Violators. Violators of this section shall be served a written initial notice of violation, whether in person or by any other manner reasonably decided to result in actual notice, including certified mail.
(1) Such order shall state the violation, order the abatement of the violation, and provide a reasonable time for the abatement.
(2) If the violation is not satisfactorily abated within the specified time, a second notice of violation shall be served in the same manner as specified for initial notices in division (K)(1) above, and containing the same information as specified for the initial notice of violation. If the conditions continue following the specified period of time, the matter shall be referred to the attorney for the County Health Department for appropriate legal action and possible revocation or modification of the permit, as specified in division (L) below.
(L) Permit revocation.
(1) Any permit granted by the H.C.H.D. may be revoked or modified by the Health Department for any of the following causes:
(a) Violation of any condition of the permit;
(b) Failure to disclose all of the relevant facts, or any misrepresentation made in obtaining the permit; and/or
(c) Any change, situation, or activity relating to the use of the permit, which in the opinion of the Health Officer is not consistent with the purpose of this section.
(2) Any person aggrieved by the revocation or modification of a permit may appeal the revocation or modification to the County Board of Health as the appropriate board for an administrative review under I.C. 4-21.5-3, which Administrative Adjudication Act is hereby adopted by reference.
(3) Pending the decision resulting from the hearing under I.C. 4-21.5-3 concerning the permit revocation or modification, the permit shall remain in force. However, the H.C.H.D. may seek such injunctive relief in regard to the activity described in the permit while the decision resulting from the hearing is pending.
(Ord. 1998-12A, passed 6-1-1998)