(A) Generally. Pursuant to the power vested in the County Commissioners by I.C. 36-1 et seq., the county, through its responsible officers, shall enforce the provisions of this chapter to ensure and safeguard the public health, safety and welfare.
(B) Injunction. The county may seek injunctions in the appropriate court of competent jurisdiction, when the operation of a waste facility is, in the judgment of the Board, creating an imminent hazard to the health, safety and welfare of the public. The county may also seek any appropriate equitable relief that it deems necessary to ensure the public health and welfare.
(C) Permit revocation.
(1) For any facility operator who has committed a violation of this chapter, or for whom the continued operation of the facility poses an unreasonable hazard to the health and welfare of the public, the Board may publicly announce its intention to consider revocation of its permit. The facility operator may request a hearing and the Board shall grant such a hearing within ten days of the decision. The facility operator may present evidence to the Board in mitigation, to demonstrate subsequent remedial action and the like. If the Board decides that the permit be revoked, it shall so revoke the permit.
(2) The Board may continue the permit upon finding that:
(a) The facility operator has made a good faith effort to comply with the permit and to remedy violations;
(b) Reinstatement of the permit would not endanger the public health and welfare; and
(c) The facility operator has proposed a plan to remedy any other hazardous conditions on the facility site as expeditiously as possible.
(Ord. 1985-9, passed 1-6-1986)