8.08B.070 Owner Responsibilities for Solid Waste
The
owner, operator, or occupant of any premise, business establishment, or industry
shall be responsible for the satisfactory and legal arrangement for the Solid
Waste Handling of all Solid Waste including but not limited to moderate-risk
waste, Toxic waste and household waste accumulated on the property.
8.08B.080
Unlawful Dumping
A.
General.
It shall be unlawful for any Person to dump, or deposit, or Permit the dumping
or depositing of any Solid Waste onto or under the surface of the ground or into
the waters of this State, except at an appropriate Solid Waste Disposal site for
which there is a valid Permit. Provided,
nothing herein shall prohibit a Person from dumping or depositing agricultural
waste resulting from his own activities onto or under the surface of ground
owned or leased by him/her when such action does not violate any section of this
code or any other statute or ordinance, or create a Nuisance.
B. Name Appearing on Waste Material and Presumption. Whenever Solid Waste, disposed in violation of these Rules and Regulations, contains three or more items bearing the name on one individual it shall be presumed that the individual whose name appears on such items generated the waste. If Solid Waste contains three or more items bearing a common address of a household residence or business entity or other means of proof then it is presumed the owner or tenant generated the Solid Waste.
C.
Lack of
Identification. When the Health Officer investigates a case of unlawful dumping
and finds inadequate identification in the Solid Waste or other evidence, he may
then order the property owner to remove said Solid Waste and dispose of it at an
appropriate Permitted Facility. Where this occurs on private lands, the property owner or
occupant shall be responsible for removal.
Where this occurs on public land, the appropriate government agency shall
be responsible for removal and Disposal.