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Solid Waste And Scrap Tire Ordinance,
Decatur County Georgia

Decatur County Resolution Providing
For Solid Waste And Scrap Tire Management

TITLE

A Resolution defining litter, public or private property, scrap tires, scrap tire generators and carriers: tire retailers, municipal, commercial and industrial solid waste, and recovered materials. Regulations for disposal, burning, burial and transportation of all solid waste, the use of garbage or litter containers or receptacles, litter and scrap tires, prescribing penalties for the violation of said Resolution: and other purposes related thereto.

ENACTMENT CLAUSE

IT IS DECLARED to be the policy of Decatur County, in furtherance of its responsibility to protect the public health, safety, and well-being of its citizens and to protect and enhance the quality of its environment, to revise and update existing laws, and to institute and maintain a comprehensive county-wide program for all solid waste management which will assure that solid waste facilities, whether publicly or privately operated, do not adversely affect the health, safety, and well-being of the public and do not degrade the quality of the environment by their reason of location, design, method of operation or other means and which, to the extent feasible and practical, makes maximum utilization of the resources contained in sold waste referred to in this resolution as recovered material. IT IS FURTHER DECLARED to be the policy of Decatur County, Georgia to educate and encourage generators and handlers of all solid waste to reduce and rninimize to the greatest extent possible the amount of solid waste which requires collection, treatment, or disposal through source reduction, reuse, composting, recycling, and other methods to promote markets for and engage in the purpose of goods made from recovered materials and goods which are recyclable. THEREFORE, by that power vested to the County through the Constitution of the State of Georgia, Article IX, Section II, Paragraph 1, the Board of Commissioners of Decatur County does hereby resolve and enact into law the following.

SECTION 1 - DEFINITIONS

  1. The term "commercial solid waste" shall mean all types of solid waste generated by stores, offices, restaurants, warehouses and other non-manufacturing activities as defined in O.C.G. 12-8-22(4.1).
  2. The term "dump" means to throw, discard, place, deposit, discharge, bury, burn, or dispose of a substance.
  3. The term "disposal facility" means any facility or location where the final disposition of solid waste occurs and includes but is not limited to land-filling and solid wastethermal treatment technology facilities as defined in O.C.G.12-8-22(8).
  4. The term "industrial solid waste" shall mean waste generated by manufacturing or industrial processes or operations. Such waste includes, but is not limited to fertilizer, agricultural chemicals, food and food related products and other byproducts as defined in O.C.G.12-8-22 (12.1)
  5. The term "inert waste" shall mean wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above (Section 391-3-4-.06 of the Georgia Rules for Solid Waste Management).
  6. The term "litter" shall mean discarded materials of every kind as defined in O.C.G.16-7-42(1).
  7. The term "municipal solid waste" shall mean any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multi-family residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes commercial solid waste but does not include solid waste from mining, agricultural or industrial processes or operations as defined in O.C.G.12-8-2218).
  8. The term "open dump" or "dump site" means a disposal site, location or facility at which solid waste from one or more sources is left to decompose, burn or to otherwise create a threat to human health or the environment as defined in Section 319-3-4-.01(44) of the Georgia Rules for Solid Waste Management.
  9. The term "public or private property" shall mean the right-of-way of any road or highway, any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; and residential or farm properties, timberlands, or forests in O.C.G.16-7-42(2).
  10. The term "recovered materials" shall mean those materials which have known uses, reuse, or recycling potential and have been diverted or removed from the solid waste stream for sale, use, reuse or recycling as defined in O.C.G.12-8-22(25).
  11. The term "recovered materials processing facility" shall mean a facility engaged solely in the storage, processing, and resale or reuse of recovered materials as defined in O.C.G.12-8-22(26).
  12. The term "scrap tire" shall mean a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect, or one that cannot be retreaded or otherwise recycled O.C.G.12-8-22(31).
  13. The term "scrap tire generator" shall mean any person who generates scrap tires as defined in Section 391-3-4-19(2.i) of the Georgia Rules of Solid Waste Management.
  14. The term "scrap tire carrier" shall mean any person engaged in picking up or transporting scrap tires not otherwise exempted under Section 391-3-4-19(5.g) for the purpose of removal to a scrap tire processor, end use, or disposal facility O.C.G.12-8-22(32).
  15. The term "solid waste" means any garbage or refuse; sludge from a wastewater treatment plant, water supply treatment plant, or air pollution contract facility; and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials; solid or dissolved materials in domestic sewage; solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.Section 1342; or source, special nuclear, or by-product materials as defined by the Federal Atomic Energy Act of 1954, as amended (68 Stat. 923) O.C.G.12-8-22(33).
  16. The term "solid waste handling" means the storage, collection, transportation, treatment, utilization, processing or disposal of solid waste, or any combination of such activities.
  17. The term "tire retailer" shall mean any person engaged in the business of selling new retreaded or used replacement tires O.C.G.12-8-22(39).
  18. "Person" is any individual, firm, partnership, association, corporation, company, group, entity or organization of any kind.
  19. The term "waste" shall mean all discarded substances and materials whatsoever exceeding ten pounds (10 Ibs.) In weight or fifteen cubic feet (15ft.3in.) in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste (as that term is defined in O.C.G.12-8-62), or any such substance or material dumped for commercial purposes. With the exception of non-hazardous, low-impact animal by-products classified by DNR, "waste" includes without limitation, bottles, boxes, containers, papers, tobacco products, tires, dead animals including their bedding and other wastes from such animals, appliances, mechanical equipment or parts, building or construction materials, tools, machinery, wood, motor vehicle parts, vessels, aircraft equipment, waste oil, batteries, antifreeze, sludge from a wastewater treatment facility, water supply treatment plant, or air pollution control facility, air contaminants from any source or facility, and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations, including household, commercial, construction and demolition waste, or industrial solid waste which is nonhazardous, nonmedical, and in a form classified as solid waste by the Georgia Department of Natural Resources O.C.G.16-7-51.

SECTION II - WASTE DISPOSAL - GENERAL

  1. The owner or occupant of any premises shall be responsible for the sanitary handling and disposing of all litter, scrap tires, and municipal, commercial or industrial solid waste on the premises used or occupied by such person.
  2. It shall be unlawful to dump, open dump, or permit the dumping of litter, scrap tires, municipal, commercial, or industrial solid waste or recyclables at any place in Decatur County including, and without limitations, any public or private property in the County or any water in Decatur County unless such litter or waste originates in Decatur County or other areas authorized by the Decatur County Board of Commissioners AND:
    1. The property is designated by the Board of Commissioners or the duly designated agent for the disposal of litter, municipal, commercial or industrial solid waste, scrap tires or recovered materials and the person is authorized to use such property.
    2. The litter, municipal, commercial or industrial solid waste, recyclables or scrap tires is placed into a receptacle or container installed specifically for such property; AND
    3. The property has a valid solid waste handling permit issued by EPD.
  3. It shall be unlawful for any person to dump or place waste unless authorized to do so by law or by a duly issued permit:
    1. In or on any public highways, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping;
    2. In or on any fresh water lake, river, canal, stream, or creek, or;
    3. In or on any public or private property unless such dumping will not adversely affect the public health or is not in violation of any other local, state or federal law, rule or regulation.
  4. All persons defined as scrap tire generators, scrap tire carriers, tire retailers shall be subject to rules as defined in Section 391-3-4-19 and handle scrap tires in accordance with the provisions of O.C.G.12-8-20, et. seq. and the Rules for Solid Waste Management. Chapter 391-33-4, 392-3-4.19 applicable to solid waste and tires.

SECTION III - TRANSPORTING SOLID WASTE AND LITTER

  1. It shall be unlawful to drive or operate a vehicle in Decatur County hauling municipal, commercial, or industrial solid waste that leaks, flows freely or spills from said vehicle.
  2. No person shall drive or move any truck or other vehicle within the county unless such truck or other vehicle is so constructed or loaded or covered so as to prevent any load, contents or litter from being blown, scattered or in any manner deposited in or upon any street, sidewalk, or other public place or upon private property within the county. Any litter or municipal, commercial, or industrial solid waste hauled on a moving vehicle shall be recovered in such a manner that litter will not blow or escape from said vehicle while moving or parked on public or private property in Decatur County.
  3. It shall be unlawful for any vehicle to transport litter or waste on any public streets, or roadways, in Decatur County without suitable coverings or other restraint devices securely fastening such litter or waste to the vehicle so as to prevent any materials from being deposited onto other motor vehicles, pedestrians, or the roadway and its adjoining areas. However, this section shah1 not prohibit the necessary and permitted spreading of any substance in public road maintenance or public road construction operations.
  4. It shall be unlawful for a business or private person(s) engaged in waste hauling or transportation for hire from businesses or private residence to a County landfill or lawfully permitted dump site to dispose of materials as solid waste that have been intentionally sorted as recyclables by the business or private residence customers, rather than placing the materials in the location designated by the County or appropriate authority for said recyclables.
  5. It shall be unlawful for any person to drive or move any truck or other vehicle within the county, the wheels or tires of which carry unto or deposit in or upon any street, sidewalk, or other public place or upon private property within the county, mud, dirt, sticky substance, litter or foreign matter of any kind.

SECTION IV - REGULATION OF ALL SOLID WASTE OR LITTER CONTAINERS AND RECEPTACLES

  1. All solid waste or litter containers or receptacles shall be maintained in as sanitary a manner as is reasonably possible consistent with its use for solid waste and litter disposal.
  2. Persons using solid waste and litter containers or receptacles shall deposit only authorized solid waste and refuse in the container or receptacle.
  3. No person shall deposit a scrap tire in any container or receptacle unless authorized by the owner of the receptacle or the Decatur County Board of Commissioners or its designee.
  4. No person shall deposit any burning or smoldering material in such container or receptacle.
  5. No person shall set fire to the contents of any such container or receptacle.
  6. No person shall deposit large non-compatible articles in containers or receptacles such as, but not limited to, stoves, refrigerators, bed springs, automobile parts, boat parts, large tree limbs or air conditioning units, except containers or receptacles designated for that purpose only.
  7. No personal shall deposit any flammable or explosive materials in any such container or receptacle.
  8. No dead animals, livestock or poultry shall be deposited in any such container or receptacle, except receptacles designed for such purpose and so designated by the Decatur County Board of Commissioners.
  9. No person shall wilfully damage or alter the location of any such container or receptacle without the written consent of the Board of Commissioners.
  10. No salvage or scavenging operations shall be conducted in or around such containers or receptacles except by written consent of the Board of Commissioners.
  11. No person shall deposit any solid waste at a county solid waste collection and recycling center unless such solid waste is contained in such a manner that it can be handled by the attendant. Solid waste shall be deposited only during the official hours of operation, unless express written permission is given by the Board of Commissioners or its designee.
  12. No person shall deposit solid waste, water or litter of any kind at any county solid waste collection and recycling center into county owned receptacles or containers designated for the collection of recovered materials. Only authorized materials such as a glass, aluminum, newspaper, cardboard, plastic, and tin or other accepted material may be deposited in the appropriate container designated for said material.

SECTION V - REGULATION OF MUNICIPAL SOLID WASTE LANDFILLS, INERT LANDFILLS, CONSTRUCTION AND DEMOLITION LANDFILLS, AND SOLID WASTE COLLECTION AND RECYCLING CENTERS

  1. No landfill shall be operated in Decatur County, Georgia other than a landfill designated by the Board of Commissioners as the county landfill, and no private municipal solid waste landfill shall be operated in Decatur County without a solid waste handling permit issued by the Georgia Environmental Protection Division, with exception of inert construction and demolition landfills having been properly permitted as such by the Georgia DNR/EPD.
  2. It shall be unlawful for any person to deposit solid waste of any kind outside the gate of a solid waste collection and recycling center.
  3. No scavenging operation of any kind shall be allowed at a solid waste collection and recycling center, without express written permission from the Board of Commissioners.
  4. No person shall move, remove, or cross any fence, gate, barrier, or sign at a solid waste and recycling center.
  5. Price on solid waste brought to said center will be set to defray total cost of solid waste and recycling operations.
  6. All recovered materials (recyclables) brought to collection centers will be accepted free of charge provided, it is separated under current market specifications and likewise uncontaminated.
  7. Attendant on duty will have full authority of said center consistent with this resolution.
  8. All rules listed above shall apply to all public and/or private property in said County, all waters and/or waterways of Decatur County, and all County Solid Waste Collection and Recycling Centers.

SECTION VI - ACCUMULATION:

  1. No owner or occupant of any such property shall bury or burn litter or waste without prior authorization and written permission from the Board of Commissioners or applicable regulatory agency, including but not limited to, the Environmental Protection Agency, Environmental Protection Division and/or the Georgia Forestry ServicNothing in this provision shall authorize or be construed to permit the burial or burning of any material which is otherwise prohibited by state of federal law.
  2. No owner or occupant of any property shall allow the accumulation, or his or her premises, of garbage, litter or waste where such material creates or causes a health hazard to neighbors or other citizens, or which is unsightly or emits foul or obnoxious odors.
  3. It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers used for the storage or dumping of litter or waste.
  4. The conduct described in Paragraphs (A)-(C) of this Section VI shall constitute a separate violation of the ordinance for each day the garbage or waste material remains or continues to unlawfully pollute, contaminate or burn on such premises.

SECTION VII - VIOLATIONS AND PENALTIES

  1. Any person(s), firm, or corporation violating any portion of this Resolution shall be guilty of a misdemeanor and, upon conviction thereof, in the Magistrate Court of Decatur County, shall be punished as follows:
    1. 1. For the first offence: By a fine of not less than $100.00 and not more than $1,000.00, or up to 30 days imprisonment, or botEach day the violation continues shall constitute a separate offense O.C.G.16-7-43. However, this section shall not preclude the County from choosing to seek civil redress in a court of competent jurisdiction in addition to the criminal prosecution, it being the intent of the County to have both the civil and criminal rights of prosecution in this area;
    2. 2. For the second or more offense(s): The violator shall be guilty of a misdemeanor of high and aggravated nature punishable by a fine of not less than $750.00 and not more than $1,000.00, or up to 60 days imprisonment, or botEach day the violation continues shall constitute a separate offensO.C.G.16-7-53(b); and/or
  2. In the sound discretion of the Judge of the Court with jurisdiction, the offenders) may also be directed to pick up and remove litter from any public streets or highways and/or other public right-of-way or private areas for a distance not to exceed one mile, any litter the person has deposited any and all litter deposited thereon by anyone else prior to the date of execution or sentence as provided in O.C.G.A.16-7-43(b); and/or
  3. In the sound discretion of the Judge of the Court with jurisdiction, the person may be directed to pick up and remove litter from any public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter thereon, and all litter deposited thereon by anyone prior to the date of execution of sentence; and/or
  4. The Court may order the publication of the names and photographs of persons convicted of violating this resolution; and/or
  5. The Court may order the violator to repair or restore property damaged, or pay damages resulting from such violations, or perform public service related to the repair or restoration of property damaged by the violation; and/or
  6. In the case of an improper garbage or waste disposal site, the property owner, contractor, developer, builder or other person responsible for the property shall cause the property to be cleaned and to come into full compliance with this resolution, Decatur County shall not be responsible for any costs of cleanup or remediation; and/or
  7. The expenses incurred by the County for cleanup, enforcement of violations and penalties shall be chargeable to the violator, including, but not limited to: Court costs, filing fees, special investigations, mutual aid assistance from other agencies and other costs necessary for the reasonable enforcement of this ordinance.
  8. In addition to actions filed by Decatur County for violations of this resolution, any State or Federal agency may independently file separate or concurrent charges within their respective applicable authority and seek conviction within a court of competent jurisdiction.

SECTION VIII - ENFORCEMENT

  1. Enforcement of this resolution shall be the responsibility of the Decatur County Board of Commissioners, the Environmental Education and Enforcement Officer or His/Her designee, and/or the Decatur County Sheriffs Office.
  2. Any person or persons authorized to enforce this resolution shall be empowered to enter any property, upon reasonable cause, at reasonable or necessary times in order to properly inspect for violations of this resolution, subject to the condition that to allow entry onto private property for inspection, the alleged violation of this resolution must be visible from a public road or right-of-way, or upon said officer(s) having received a valid complaint alleging a violation of this resolution, or by a Judge's Order upon said officer(s) having received information/allegations that constitute reasonable suspicion that a serious unlawful or threat to the health and safety of the community and/or the environment has occurred or is about to occur.
  3. Appeals for violation of this resolution may be made to the Magistrate Court of Decatur County, or higher court if the offender so chooses. The offender always has the right to consult his/her attorney at any tune before the hearing is scheduled for court.

SECTION IX - CIVIL REMEDIES AND ABATEMENT OF NUISANCE

  1. In the event that any person violates any provision of this resolution, the County or other appropriate authority may, in addition to other remedies, institute an action for injunction, clean-up or stop work orders, mandamus, irreversible damage fines, lien on property or other appropriate action to prevent such unlawful acts or to correct or abate any such violation O.C.G.16-7-52 -16-7-53. In addition, the County may immediately revoke or suspend any and all business, building, development or any and all other County issued permits related to the property or properties involved with the violation until such tune that compliance is met, or until the ruling of a Court of competent jurisdiction is obtained, at which time respective permits may be reissued.
  2. Upon finding evidence, a written Notice of Violation may be issued at the discretion of the enforcing officer(s) in lieu of a citatioIn the absence of corrective action or in the event that a second violation occurs, the evidence constituting the Notice of Violation may be submitted as evidence for consideration as a first offense before a court with competent jurisdiction and the pending case treated as a second offense by the court as defined in Paragraph (A)(2) of Section VH of this Resolution.
  3. If a person is found guilty of a violation of the provisions of this resolution, the court and/or the Board of Commissioners may cause written notice to be given, or incorporate into the Court Order to the violator instructing that person to properly address any provision still remaining in violation of this resolution for which said violator is convicteSuch notice shall be by personal service and in the event the violator cannot be so served, then by registered mail sent to the violators last known address.
  4. Upon failure, neglect or refusal of any person so notified to properly address said provisions within 20 days after receipt of notice as provided in this Section, the Board of Commissioners is hereby authorized and empowered to cause the cleanup, removal or disposal of, including but not limited to, any liter, or any type of waste(s) as defined in this resolution, dumped, deposited, thrown, or left on public or private property in violation of the resolution on behalf of the County. The expenses incurred by the County shall be chargeable to the violator and a statement of the amount due for said expenses shall be sent by the Board of Commissioners and/or by the court by registered mail.
  5. When the full amount of such charges are not paid by the violator within 30 days after receipt of said statement as provided for in this Section, the Board of Commissioners shall cause to be recorded in the Execution Docket in the office of the Clerk of Decatur Superior Court a sworn statement showing the cost and expense occurred by the County, the dates of County action, the location of the property for which action was taken, and the name of the person to be charged for the expenses incurreThe recordation of such statement shall constitute a lien on the personal and real property of the person to be charged and shall remain in full force and effect until final payment is received in full, including accrued interest from the date of recording and any and all costs. Such amount as shall constitute final payment shall be subject to collection in the manner fixed by law for the collection of taxes.
  6. In the event that waste(s) or hazardous materials in a dump site cannot be removed from public or private property without causing further endangerment to the environment and/or public health, whether legal or illegal, caused with intent or by accident, acts of God or force of nature, or where a permit for such long-term or permanent disposal has been issued by the proper authority as defined in Section V of this resolution, the County may attach or otherwise affix a permanent addendum to the deed of real property wherein the dump site exists, stating the approximate size and location of the dump on the property and an approximate description of the materials contained therein, as well as the approximate dates such dumping occurred, to be recorded on the property plat as a fill area O.C.G. 12-8-30. The purpose of said attachment is to preserve the health and safety of current and future landowners and users of said properties, to promote the integrity of property description and values, and to record the location of said dump sites. The County's exercise of Paragraph (F) of this Section IX shall in no way be mandatory, and Decatur County or its agents shall not be held liable for exercise of action or inaction for implementation of this Paragraph (F), nor for the costs of such action or inactio(Section 391-3-4-06 of the Georgia Rules of Solid Waste Management)

SECTION X - EVIDENCE OF VIOLATIONS

  1. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of this resolution, it shall be prima-facie evidence that the operator of the conveyance violated this resolution.
  2. Whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of the resolution discovered to contain any article or articles, including but not limited to letters, bills, publications or other writings which display the name of a person thereon in such manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttal presumption that such person has violated this resolution.

SECTION XI - RECYCLING

The Decatur County Board of Commissioners hereby finds that it is in the best interest of the citizens of Decatur County, in order to promote the health, safety and welfare of the citizens of the county, to recycle as many waste materials as possible in order to reduce the accumulation of litter, garbage, and solid waste material within the county and to reduce the overall solid waste materials which must be properly disposed oTherefore, it is the policy of the Decatur County Board of Commissioners to encourage recycling whenever possible.

SECTION XII - SEVERABILITY

  1. Should any sentence, section, subsection or provision of this Resolution, or application of a provision of this Resolution, be declared invalid or unconstitutional by any court of other competent jurisdiction, such declaration shall not affect the validity of the Resolution as a whole or any part thereof that is not specifically declared as invalid or unconstitutional.

SECTION XIII - REPEAL OF CONFLICTING RESOLUTIONS OR ORDINANCES

Therefore, be it resolved that all conflicting resolutions, ordinances or sections of resolutions, or resolutions in conflict with this Resolution are hereby repealed.

Be it further ordained that this resolution shall take effect on the first day of the month after passage by the Decatur County Board of Commissioners and the publication thereof for two (2) consecutive weeks in the official gazette of Decatur County, and shall be enforced from and after such date, the public health and welfare demanding it.

OFFERED AND ADOPTED by the Board of Commissioners of Decatur County, Georgia, this 9th day of January, 2001.

Decatur County Board of Commissioners
Marvin Rentz, Chairman

Ophelia Brock, County Clerk


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