Ordinance 1997-32

GENERAL PROVISIONS

~50.01 SOLID WASTE MANAGEMENT DISTRICT DESIGNATED .

(A) The county is hereby designated as a county solid waste management district pursuant to the terms and within the meaning of I.C. 13-9.5-1 and 13-9.5-2 et seq.

(B) Pursuant to I.C. 13-9.5-2-2, the Howard County Solid Waste Management District includes all of the incorporated and unincorporated territory in the county.
(BCC Ord. 1990-36, passed 8-27-90)

~50.02 DUMPING OF SOLID WASTED PROHIBITED .

(A) Purpose . The purpose of this section is to define dumping, control the dumping of solid waste materials, and provide for the clean-up of and penalties for prohibited dumping.

(B) Definitions . For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CLEAN-UP COSTS . Include all costs incurred by Howard County in cleaning up solid waste dumped in violation of this Ordinance, including landfill fees and time expended by Howard County officials in effecting such clean-up.

DUMPING or DUMP . The depositing or disposal, or the attempted depositing or disposal, of solid waste upon land.

PERSON . Any person, corporation, trust, organization, partnership, association or other legal entity.

SOLID WASTE . Garbage, used household goods, appliances, motor vehicles and motor vehicle parts, tires, trash, garbage, bags of trash or garbage, construction or demolition materials, and all other items commonly disposed of in sanitary landfills, including all items and materials defined in I.C. 13-7-1-22 as "solid waste." The term shall not include manure or crop residue returned to the soil at the point of generation as fertilizers or soil conditioners as a part of a total farm operation.

(C) Prohibitions . No person shall dump, cause or allow dumping at any location in the county unless such location shall be a licensed sanitary landfill site.

(D) Clean-up and removal .

(1) Anyone having knowledge of a dumping at any location in the county shall provide such information to any county law enforcement officer, the County Highway Department or the County Board of Health, who shall then investigate, with the assistance of such other county officials which are deemed necessary, to determine if a violation of division (C has occurred.

(2) Upon determining the identity of any person violating division (C , the Board of County Commissioners, the County Highway Department, the County Board of Health or the County Solid Waste District, by any of its designated officers or employees, shall issue an order directed to the violator so identified to remove and clean-up such solid waste within a period of ten days after receipt of such order. Failing compliance with such order, the Board of County Commissioners, the County Highway Department, the County Board of Health, or the County Solid Waste District may in their sole discretion clean up the solid waste, utilizing such resources as are required, and all clean-up costs shall be chargeable to the violator; provided, however, in the event that the dumping presents a clear and immediate hazard the public health or safety, the Board of County Commissioners, the County Highway Department, the County Board of Health, or the County Solid Waste District may proceed to clean up the solid waste without notice to the violator and thereafter charge the clean up expenses to the violator.

(3) In the event that a person violating division (C does not pay clean-up costs after reasonable notice, the Board of County Commissioners, for and on behalf of the county, shall be entitled to recover such clean-up costs after reasonable notice, the Board of County Commissioners, for and on behalf of the county, shall be entitled to recover such clean-up costs by action in the Howard Circuit or Superior Courts; provided, however, the total of such costs shall not exceed the sum of $2,500 per violation. In addition, the Board of County Commissioners shall also be entitled to seek injunctive or other similar relief through the Howard Circuit or Superior Courts to obtain orders requiring persons violating division (C to clean up a dumping area and prohibiting further or future dumping.

(4) In the event that more than one person is involved in an incident of dumping, it shall be the joint and several responsibility of each such person for the clean-up of the site and the clean-up costs.

(E) Penalties . In addition to the responsibility for clean-up costs as provided in division (D) any person who violates division (C of this section shall be subject to the penalty provided in ~ 50.99.

(F) Enforcement . This section shall be enforced under and in accordance with the provisions of I.C. 34-4-32-1 et seq.
(BCC Ord. 1993-24, passed 6-28-93) Penalty, see ~ 50.99

~ 50.99 PENALTY

(A) Any person who violates ~ 50.02 shall be subject to a fine not to exceed $2,500 per violation; provided, that the total of any fines imposed under this division (B) and any clean-up costs imposed under ~ 50.02 shall not collectively exceed the sum of $2,500 per violation.
(BCC Ord. 1993-24, passed 6-28-93)

(B) Any person violating any provisions of ~ 50.15 through ~ 50.22 shall, upon conviction, be punished for the first offense by a fine of not more than $100; for the second offense by a fine of not more than $200; and for the third and each subsequent offense by a fine of not more than $300.
('83 Code, ~ 92.99) (Ord. 1969-3, passed 4-14-69)

BOARD OF HEALTH SERVICE FEES

~ 92.15 AUTHORITY.

The County Board of Health is empowered to establish and collect fees in accordance with the following definitions and provisions.
('83 Code, ~ 92.20) (Ord. 1983-4, passed 1-31-83; Am. BCC Ord. Passed 10-25-93)

GENERAL PROVISIONS

~ 92.01 HAZARDOUS MATERIAL CLEAN-UP AND REIMBURSEMENT.

(A) Definitions . For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMERGENCY ACTION . Any action taken to prevent or minimize the harm to human health, the environment or to property from the uncontrolled release of a hazardous material.

EMERGENCY RESPONSE AGENCY . The City of Kokomo Fire Department and all volunteer fire departments servicing the county.

HAZARDOUS MATERIAL . Any material or waste that has been determined to be hazardous or potentially hazardous to human health, the environment or property by the United States Environmental Protection Agency, Nuclear Regulatory Commission, Department of Transportation or Occupational Safety and Health Administration, or the Solid Waste Board. This definition shall also include all of the hazardous materials identified in 49 CFR 172.101.

HAZARDOUS MATERIAL EMERGENCY . An occurrence that involves the controlled or imminent uncontrolled release of a hazardous material into the environment and that creates the possibility of harm to human health, property or the environment.

RESPONSIBLE PARTY . A person who owns hazardous material that is involved in the emergency, or owns a container or owns or operates a motor vehicle that contains hazardous material that is involved in the emergency, or one who causes or substantially contributes to the cause of the emergency, or one who owns real estate where an emergency occurs and knew or should have known that hazardous material was being used, stored or transported on the real estate.

(B) Payment for clean-up .

(1) Persons who are responsible parties shall reimburse the emergency response agency for all reasonable and necessary expenses incurred in taking the emergency action.

(2) The emergency response agency shall submit a statement of the charges to the responsible owner within 30 days of the emergency. The statement shall direct the responsible party to remit payment directly to the emergency response agency within 30 days of receipt. In the event the responsible party fails to make full payment within 60 days, the responsible party shall be subject to the penalty prescribed in ~ 10.99. Each day that the responsible party fails to make reimbursement 60 days after written demand shall be considered a separate offense and the responsible party may be fined as provided in ~ 10.99 (up to $2,500) for each such violation. This fine shall be in addition to the continuing duty of the responsible party to reimburse the amount of the statement.

(3) All fines imposed shall be paid to the County Auditor into an account maintained under this section.
(BCC Ord. 1997-32, passed 7-7-97) Penalty, see ~ 10.99