(a) Criminal penalties. Any person who violates the rules and regulations set forth in this article shall be guilty of a misdemeanor and shall be subject to a fine of not more than $200.00 or imprisonment of not more than 30 days, as specified by G.S. 14-4. Each day a violation occurs is a separate violation with respect to the unlawful storage of solid waste.
(b) Civil penalties.
(1) The sheriff, the designated solid waste officer, and any division employee designated as having authority to assess civil penalties under this article are empowered to issue civil citations upon the observance of a violation of this article. It is the intent of this article that each person is responsible for the proper management of his own waste and is responsible for all acts involving vehicles and equipment owned by him. The owner or operator of a vehicle shall be responsible for dumping, littering and other violations in which his vehicle is used. The addressee of first class mail shall be responsible for the proper management of the paper associated with that mail when it becomes waste. The presence of first class mail in waste material shall be prima facie evidence that the addressee owns that waste. The sheriff, the designated solid waste officer, and any division employee designated as having authority to assess civil penalties are empowered to allow persons to perform cleanup work in lieu of an enforcement action under this article upon the written request of the person or persons to perform the cleanup work.
(2) The minimum civil penalties for violation of this article shall be as follows:
a. Restitution for damages. The county may seek restitution of damages or extra expenses including the cost of cleanup, resulting from any violation of this article. The minimum charge for cleanup will be $25.00. Actual charges will be determined by the utility director or authorized personnel. If contested, the county board of adjustment will determine the appropriate amount.
b. Monetary penalties. The minimum civil penalties for violation of this article shall be as follows:
1. Scavenging, unauthorized salvaging of discarded items:
First offense | $ 25.00 |
Second offense | 50.00 |
Subsequent offenses | 100.00 |
2. Illegal dumping, including dumping prohibited quantities of material at county solid waste facilities, or dumping in unapproved areas:
First offense | $100.00 |
Second offense | 200.00 |
Subsequent offenses | 300.00 |
3. Dumping in waterways, illegal dumping in waterways, including streams, creeks, rivers, lakes or ponds:
First offense | $ 500.00 |
Second offense | 1,000.00 |
Subsequent offenses | 1,500.00 |
4. Illegal burning, illegal burning of solid waste, wire, tires and other rubber products; heavy oil; asphalt materials; building material, especially asbestos; paint; agricultural chemicals; household chemicals; shingles; and asphalt or other petroleum products for the purpose of disposal:
First offense | $200.00 |
Second offense | 300.00 |
Subsequent offenses | 500.00 |
5. Improper transportation, including uncovered trucks and unsecured loads, or improper vehicles by contract haulers of solid waste:
First offense | $100.00 |
Second offense | 200.00 |
Subsequent offenses | 400.00 |
6. Littering in the county, littering includes the improper disposal of any solid waste on private or public land and highway rights-of-way, or leaving solid waste at a closed facility:
First offense | $ 500.00 |
Second offense | 1,000.00 |
Subsequent offenses | 1,500.00 |
7. Failure to remove solid waste from property within seven days of notification by the county:
First offense | $100.00 |
Second offense | 200.00 |
Subsequent offenses | 400.00 |
8. Failure to remove bulky waste within 72 hours of notification to remove. Bulky waste is defined as large items of solid waste such as household appliances, furniture, mattresses, bedding, automobiles, large machinery parts, trees, branches, stumps and other waste whose large size precludes or complicates its handling by normal solid waste collection, processing or disposal methods:
First offense | $100.00 |
Second offense | 200.00 |
Subsequent offenses | 400.00 |
9. Unauthorized scrap tire collection. Operating a scrap tire collection site containing more than 50 tires without a license:
First offense | $100.00 |
Second offense | 200.00 |
Subsequent offenses | 400.00 |
10. Violations of county requirements on use of solid waste container and recycling sites:
First offense | $100.00 |
Second offense | 200.00 |
Third offense | 400.00 |
11. Other offenses listed in this article:
Each other offense | $500.00 |
(Ord. of 10-4-1999, art. XIV)