(A) Except in the case of the county, or its representative, operating its own sanitary landfill facility, no permit shall be issued or become effective unless there is on file:
(1) A performance bond running to the Board of County Commissioners is executed by the permittee and approved by the Board of County Commissioners. The performance bond shall be 100% of the estimated cost of the construction according to this chapter to assure that:
(a) The permittee, his or her agents, and servants, will comply with all of the terms, conditions, provision requirements, and specifications contained in this chapter;
(b) The permittee, his or her agents, and servants, will faithfully operate the sanitary landfill for which the permit is issued in accordance with the provisions of this chapter; and
(c) The permittee, his or her agents, and servants will save harmless the county from any expense incurred through the failure to operate and maintain the sanitary landfill as required by this chapter, including any expense the county may be put to for correcting any condition or violation of this chapter by the county's own labor and equipment, whenever the Board of Health or Plan Commission determines it is necessary to correct any condition in violation of this chapter, or from any damages growing out of the negligence of the permittee or his or her agents or servants.
(2) Cash, or other acceptable negotiable securities, is posted with the County Treasurer in lieu of the performance bond.
(B) Except in the case of the county, or its designated agent, there shall be posted a maintenance bond, cash, or other negotiable securities with the County Treasurer to cover the estimated cost of reclamation of any disposal facilities for a period of two years.
(C) The maintenance bond shall be accepted before the release of the final performance bond.
(D) It shall be the duty of the County Health Department and the County Surveyor to determine the terms and estimated costs of the reclamation of the landfill for the purpose of posting performance and maintenance bonds.
(Prior Code, § 95.25) (Ord. 26, passed 8-20-1974)