(A) It shall be unlawful for any person to use any land, premises, or property within the county for the dumping or disposal of any garbage, refuse, or other waste materials of any kind without first filing an application with the Health Officer, and securing a valid permit from the Health Officer for the operation of a solid waste disposal site. The permit issued by the Health Officer is in addition to any building and zoning permits required, and the permit issued by the Health Officer does not signify compliance with requirements established by other regulatory agencies. Application for permits shall be on forms furnished by the Lake County Health Department.
(B) If the Health Officer, as a result of his or her review of the completed application, finds that the proposed solid waste disposal site can be operated in accordance with the provisions of this subchapter and that no health hazards or nuisances will be created as a result of the operation, he or she shall issue a permit to the applicant upon delivery of a performance bond issued by a surety company in the amount of $10,000, payable to the county where the solid waste disposal site is located in the unincorporated area of the county; and when the solid waste disposal site is located within the corporate limits of a municipality, the bond shall be payable to the municipality, except that where a solid waste disposal site is operated by a municipality within the corporate limits of the municipality, a bond shall not be required.
(C) The performance bond shall be conditioned, as follows:
(1) The permittee, his or her agents and servants, will comply with all of the terms, conditions, provisions, requirements, and specifications contained in this subchapter and the regulations adopted pursuant hereto;
(2) The permittee, his or her agents and servants, will save harmless the county or specific municipality in which the solid waste disposal site is located, from any expense incurred through the failure of the permittee, his or her agents and servants, to operate and maintain the dump or landfill as required by this subchapter, including any expense that the county or municipality may incur to correct any condition or violation of this subchapter, including the county’s or municipality’s own labor and equipment whenever the Health Officer determines it is necessary for the county or municipality to correct any conditions violating the provisions of this subchapter or regulations adopted pursuant hereto, or from any damages growing out of the negligence of the permittee or his or her agents or servants; and
(3) Before acceptance, all bonds shall be approved by the County Board or governing body of the municipality in which the solid waste disposal site is located. If a corporate bond is offered, it shall be executed by a surety or guaranty company qualified to transact business in this state.
(D) The Health Officer may suspend any permit authorized by this subchapter upon the violation by the holder of any of the terms of this subchapter. The Health Officer may revoke any such permit, after an opportunity for a hearing before him or her, upon finding that the solid waste disposal site for which the permit was issued is in violation of any of the provisions of this subchapter.
(E) If the permit shall be suspended by the Health Officer, it shall be unlawful during the period of the suspension for the permit holder to operate the solid waste disposal site for which the permit was issued.
(1977 Code, § 2:1-8) (Ord. [Bd of Health Ord., Art. VIII] passed 6-12-1961) Penalty, see § 50.99