(A) Violation of any of the following prohibitions shall constitute a Class A Violation of this subchapter:
(1) No person shall discard any infectious or hazardous waste materials within the city.
(2) No person who owns real property in the city shall cause or consent to the disposal, open dumping or discarding, upon that property, of any solid waste, infectious waste or hazardous waste generated in any location not owned by that person or generated by any other person.
(3) No person shall interfere with the enforcement of this subchapter.
(B) Violation of any of the following prohibitions shall constitute a Class B Violation of this subchapter:
(1) No person shall discard any solid waste on the property of another person except in an approved and, if required, permitted disposal facility, transfer site, recycling facility or transfer station.
(2) No person shall deposit any contaminants upon the land in a place and/or manner which would create a pollution hazard that violates or would violate a rule adopted by the State Department of Environmental Management or any of its boards, or deposit or cause or allow the deposit of any contaminants or any solid waste upon the land except through the use of sanitary landfills, incineration, composting garbage grinding or another method acceptable to the City Board of Public Works and Safety.
(3) No person shall dump, cause or allow the open dumping of garbage or any other solid waste in violation of rules adopted by the Board of Public Works and Safety.
(4) No person shall dispose of solid waste in, upon or within the limits of or adjacent to any public highway, state park, nature preserve or recreation area, or in or immediately adjacent to any lake or stream, except in proper containers provided for sanitary storage of solid waste, or except as a part of a sanitary landfill operation or other land disposal method approved by the Department.
(5) No person shall discard any solid waste within or adjacent to city property, along streets, or within or adjacent to any bodies of water and elsewhere in the city, except in an approved and permitted disposal facility, transfer site or transfer station.
(6) No person shall discard any materials other than recyclables in any facility or containing intended for collecting recyclables.
(7) No person shall accumulate infectious or hazardous wastes, solid waste or construction or demolition waste.
(C) Violation of any of the following prohibitions shall constitute a Class C Violation of this subchapter:
(1) No person shall discard any inert solid wastes for final disposal or for use as fill materials without the express consent of the property owner.
(2) No person shall litter nor permit any dependent minor or other person for whom that person is legally responsible to litter within the city or cause another person to litter.
(3) No person shall deposit any contaminated recyclables in any facility or container intended for collecting any recyclable materials.
(4) No person shall conduct salvaging of materials at any facility or container intended for collecting recyclable materials without the prior written permission of the facility operator.
(5) No person shall conduct scavenging of materials at any facility or container intended for collecting recyclable materials, and no person shall open dump any solid waste on his or her own property, with the exception of materials defined as inert solid waste in § 55.25.
(D) No person shall contract or otherwise arrange or agree with a third party to engage in any act prohibited by divisions (A), (B) and (C) above. Violation of any of those divisions shall be an offense of the same class of the violation committed by the third party.
(E) Failure or refusal to bring property in compliance with this subchapter after adjudication of a violation shall constitute a Class A Violation of this subchapter. Each day the noncompliance continues shall constitute a separate violation of this subchapter.
(F) It shall not be a defense to an allegation or finding of violation of this subchapter that other persons have participated in the violation, and any person adjudicated to have violated this chapter shall be held liable for all costs related to the investigation, enforcement or action to achieve compliance with this subchapter.
(G) It shall be a violation of this subchapter to interfere with any authorized law enforcement agents in the performance of his or her duties hereunder.
(Ord. 804, passed 12-1-1997) Penalty, see § 10.99