(A) It is the responsibility of all persons owning real property in the county to sustain diligent and good faith efforts to protect the natural environment, and prevent illegal dumping on their property. Persons owning real property in the county shall not cause, or allow, the disposal upon their property of any solid waste materials.
(B) Except as otherwise provided in this section, no enforcement action may be taken under this subchapter against a landowner on whose land waste has been improperly disposed without the landowner’s consent, unless there has been made a diligent and good faith effort to identify, locate, and take enforcement action against a person, or persons, who appear likely to have committed, or caused, the improper disposal act(s).
(C) Any landowner who, in good faith, provides information concerning a name, an address, or any other evidence of a responsible person’s identity found in wastes improperly disposed on the landowner’s property is not liable to said person for an action taken by enforcement authorities under this subchapter against the person as a result of information provided by the landowner.
(D) The owner of the property on which improper disposal acts have occurred may be included as a party of any enforcement action against a person who allegedly committed the violation so that the landowner may be ordered to allow the violator access to the land to remove, and properly dispose of, the wastes allegedly disposed in violation of this subchapter.
(E) A landowner on whose land waste has been disposed in violation of this subchapter without the landowner’s consent may, in addition to any other legal or equitable remedy available to the landowner, recover from the person responsible for the improper disposal reasonable expenses incurred by the landowner in removal.
(F) A landowner who consents to, or allows, the disposal of wastes generated by others upon his or her property without making a diligent and good faith effort to prevent the improper disposal of wastes, and who fails to notify proper authorities of said improper acts of disposal within a reasonable period of time shall be subject to enforcement procedures, and shall be deemed the responsible party, and shall be served notice for clean up of all wastes deposited upon his or her property, and removal for final disposal at an approved sanitary landfill, at the landowner’s expense.
(G) If a diligent and good faith effort by the Health Officer to identify, locate, and take enforcement action against a person, or persons, who committed prohibited acts of waste disposal has been made by county authorities, and has failed to identify violators of acts prohibited herein, the owner of the real estate upon which an open dump is located shall be held responsible for correcting and controlling any nuisance conditions which may occur as a result of the open dump.
(H) Materials which provide identifying information regarding the generator shall constitute a rebuttable presumption that the generator has deposited solid waste without the express consent of the landowner and in violation of this subchapter. The presumption can be rebutted by proof that:
(1) The person obtained the express consent of the landowner; or
(2) The person properly placed solid waste in a waste storage container for pick up by a licensed waste hauler.
(Ord. 1993-29, passed 8-2-1993)