TITLE V: PUBLIC WORKS
50. SOLID WASTE MANAGEMENT
51. REFUSE DISPOSAL
52. SEWER PROVISIONS
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CHAPTER 50: SOLID WASTE MANAGEMENT
50.01 Establishment of County Solid Waste Management District
50.03 Board of Directors; membership and terms
§ 50.01 ESTABLISHMENT OF COUNTY SOLID
WASTE MANAGEMENT DISTRICT.
(A) The Board of County Commissioners hereby establishes the County Solid Waste Management District, pursuant to the direction and authority specified in I.C. 13-21-3-1.
(B) All of the incorporated and unincorporated areas of the county shall be included in the County Solid Waste Management District.
(C) The district shall commence business on June 30, 1991.
(1983 Code, § 14-1-1)
§ 50.02 DEFINITIONS.
The definitions of terms contained in I.C. 13-11-2-0.5 et seq. shall be applicable to activities conducted under this chapter.
(1983 Code, § 14-1-2)
§ 50.03 BOARD OF DIRECTORS;
MEMBERSHIP AND TERMS.
The County Solid Waste Management District shall be governed by a Board of Directors composed of seven members appointed as follows:
(A) Three members appointed by the Board of County Commissioners from its membership;
(B) One member appointed by the County Council from its membership;
(C) The Mayor of the City of Seymour;
(D) One member of the Common Council of the City of Seymour appointed from its membership; and
(E) One member who is a member of the Town Council of the Town of Brownstown, the Town of Crothersville or the Town of Medora. This member shall be appointed by the Board of County Commissioners to represent the municipalities in the county, other than the City of Seymour.
(1983 Code, § 14-1-3)
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CHAPTER 51: REFUSE DISPOSAL
51.01 Purpose and general policy
51.03 Conditions precedent
51.05 Definitions and exclusions
51.06 Local permit; operation of landfills
51.07 Local permit for operation of refuse processing facilities
51.08 Permits and duration
51.09 Renewal of permits
51.12 Powers for inspection
§ 51.01 PURPOSE AND GENERAL POLICY.
(A) (1) The Board of Commissioners of the county finds that improperly operated landfills and/or hazardous waste disposal and processing facilities can:
(a) Endanger the health and welfare of the citizens of this county by causing or contributing to the pollution of ground and surface waters;
(b) Result in nuisances and a hazard to the public health; and
(c) Provide a breeding place for flies, rats, vermin and/or cause air pollution.
(2) It is therefore declared to be the public policy of this county to eliminate and prevent these
health and safety hazards by establishing standards for the proper operation of refuse and/or hazardous waste disposal and processing facilities.
(B) The Board of Commissioners of the county finds that there is a need to eliminate the blowing and spillage of refuse from vehicles which transport refuse and that there is a need for the transportation to be done in a sanitary manner.
(1983 Code, § 3-41-1)
§ 51.02 SCOPE.
All existing refuse, hazardous waste disposal, and/or processing sites shall comply with the provisions of this chapter.
(1983 Code, § 3-41-2)
§ 51.03 CONDITIONS PRECEDENT.
(A) Before the Health Officer issues a local permit for operation of a refuse disposal, a refuse processing facility, and/or hazardous waste material, the applicant must first secure all appropriate zoning approvals from the County Planning Commission and/or County Board of Zoning Appeals.
(B) Before the County Health Officer issues a local permit for operation of a refuse disposal, hazardous waste, and/or a refuse processing facility, the applicant must first secure all appropriate permits from the State Stream Pollution Control Board and/or the State Board of Health.
(1983 Code, § 3-41-3)
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§ 51.04 PROHIBITIONS.
No person shall:
(A) Discharge, emit, cause, allow or threaten to discharge, emit, cause or allow any contaminant or waste including any noxious odor, either alone or in combination with contaminants from other sources, into the environment or into any publicly owned treatment works in any form which causes or would cause pollution which violates or would violate regulations, standards or discharge and/or emission requirements adopted by the County Department of Public Health pursuant to this chapter;
(B) Increase the quantity or strength of any discharge of contaminants into the waters, or construct or install any sewer or sewage treatment facility or any new outlet for contaminants into the waters of this state without prior approval of the appropriate agency;
(C) Deposit any contaminants upon the land in the place and manner which creates, or which would create, a pollution hazard;
(D) Dump or cause or allow the open dumping of garbage or of any other solid waste in violation of regulations adopted by the appropriate agency of the state or the County Department of Public Health;
(E) Dispose of solid waste in, upon, or within the limits of or adjacent to any public highway, state park, state nature preserve or recreation area, or in or immediately adjacent to any lake or stream except as a part of a sanitary landfill operation or other land disposal method approved by the appropriate agencies;
(F) Construct, install, operate, conduct or modify, without prior approval of the County Health Department, any equipment or facility of any type which may cause or contribute to pollution or which may be designed to prevent pollution;
(G) Conduct any salvage operation or open dump by open burning or in connection with conducting a salvage operation, landfill or open dump, burn or cause or allow the burning of any solid waste in a manner which violates either I.C. 13-30-2-1 or the
regulations adopted by the Environment Management State Board or by an appropriate agency or by the County Health Department;
(H) Commence construction of any proposed hazardous waste facility without having first filed an application for and received a construction permit from the county;
(I) Commence or engage in the operation of any hazardous waste facility without having first obtained an operation permit from the county;
(J) Deliver any hazardous waste to a hazardous waste facility which is not approved or which does not hold an operation permit from the county; or
(K) Cause or allow the transportation of a hazardous waste without a manifest whenever a manifest is required by law.
(1983 Code, § 3-41-4) Penalty, see § 51.99
§ 51.05 DEFINITIONS AND EXCLUSIONS.
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS ROADS. Roads which lead to the entrance of a refuse processing or disposal facility, normally, a county, state or federal highway.
AQUIFER. A porous, water-bearing geological formation, such as sand, gravel, sandstone and fractured or cavernous limestone, from which water can be drawn by wells in useable quantities.
BEDROCK. Cemented or consolidated earth materials, undisturbed by erosion or weathering, exposed on the earth’s surface or underlying unconsolidated earth materials.
BOARD OF HEALTH. The Jackson County Board of Health.
CARCASSES. Dead animals or portions thereof.
CELL. A deposit of refuse, compacted and completely enveloped by cover.
COVER. Soil which is used to bury refuse.
DAILY COVER. The cover which is placed over refuse and compacted at the end of an operating day.
DECOMPOSITION. The chemical or biological breakdown through time of refuse into constituent chemicals or other products.
DECOMPOSITION GASES. Gases produced by decomposition.
ENERGY RECOVERY OPERATION. The processing of refuse so that energy or gases may be recovered.
FACILITY. Except in § 51.07 below, any operation for the disposal or processing of refuse, including the site upon which the operation rests.
FINAL COVER. Cover placed and compacted over a refuse disposal area upon completion of the refuse disposal use of that area.
FLOOD PLAIN. The area adjoining a river, stream or lake, which would be covered by flood water from the 100-year frequency flood.
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the 100-year frequency flood.
GARBAGE. Rejected food waste and shall include, but is not limited to, every waste accumulation of animal, fruit or vegetable matter used or intended for food attends to the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.
GRADING. The contouring of land so that surface water flow and erosion are controlled according to a predetermined plan.
GROUNDWATER. Water filling the pore spaces of earth materials below the water-saturated zone.
GROUNDWATER TABLE. The upper surface of the water-saturated zone.
HAZARDOUS SUBSTANCE. A material or solid waste in an amount that has been determined to be potentially hazardous to the health, safety or welfare of a person by the United States Environmental Protection Agency, or from the State Environmental Management Board or from the State Environmental Management Board or its designee.
HAZARDOUS WASTE. A solid waste, or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
(a) Cause or significantly contribute to, an increase in mortality or increase in irreversible, or incapacitating irreversible illness; or
(b) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported or disposed of or otherwise managed.
HAZARDOUS WASTE LANDFILL. A landfill whereby hazardous waste or hazardous substance or toxic substance is disposed of by any landfill method under an engineering method.
HEALTH OFFICER. The Jackson County Health Officer, or his or her authorized representative.
HYDROLOGY. The properties, distribution and flow of water on or in the earth.
INCINERATOR. Any apparatus to burn waste substances in which all the factors of combustion: temperature, retention time, turbulence and combustion air, can be controlled and used for reduction of garbage, carcasses or refuse.
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JACKSON COUNTY. The areas which are under the jurisdiction of the County Health Officer and situated outside the corporate limits of any town.
LAND APPLICATION OF A WASTE. The application of hazardous waste onto land and incorporation into the surface soil.
LANDFILL. A sanitary landfill.
LEACHATE. Liquid that has percolated through solid waste or other deposited materials and has extracted soluble or suspended substances from it.
LIFT. A horizontal layer of cells covering a designated area of a sanitary landfill.
MANUALLY DISCHARGED VEHICLE. A vehicle which must be unloaded by physical handling of refuse by a person, for example, a pickup truck.
MECHANICALLY DISCHARGED VEHICLE. A vehicle which unloads refuse automatically, with hydraulic devices.
MODIFICATION. A change in form or method of operation of any facility.
ON-SITE ROADS. Roads for the passage of vehicles from a site entrance to the working face.
OPERATING PERSONNEL. Personnel necessary to properly operate a refuse disposal or processing facility.
PERSON. An individual, partnership, association, syndicate, company, firm, trust, corporation, government, corporation, department, bureau, agency or any entity recognized by law.
POINT OF GENERATION. The place where a material initially becomes discarded, for processing or disposal, as refuse.
PROCESSING. The method, system or other treatment of refuse so as to change its chemical
or physical form or affect it for disposal or recovery of materials, but excluding vehicles for the transportation of refuse from its point of generation.
RECYCLING STATION. A facility for the storage of separated solid wastes prior to transportation to markets.
REFUSE. Any combination of garbage and rubbish.
REFUSE DISPOSAL. The permanent or semi-permanent placement of refuse in any location.
REFUSE HANDLING EQUIPMENT. Equipment use for the processing or disposal of refuse.
REGULATION SPC-18. The Indiana Stream Pollution Control Board regulation governing sanitary landfills and refuse processing facilities.
RESOURCE RECOVERY PLANT. Any facility which has as its primary purpose the processing of refuse into commercially valuable materials or energy.
RUBBISH. Includes matters such as ashes, cans, metalware, broken glass, crockery, dirt, sweepings, boxes, wood, grass, weeds or litter of any kind.
SALVAGING. The controlled removal of materials from refuse for utilization.
SANITARY LANDFILL. An engineering method of disposing of refuse on land in a manner that protects the public health and environment by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with compacted soil at the end of each working day.
SCAVENGING. The uncontrolled removal of materials from refuse.
SLUDGE. A semi-liquid sediment.
SOIL BORINGS. The drilling of holes in the earth for the purpose of identifying soil types, sub-surface materials and groundwater table level.
STATE. The Indiana Stream Pollution Control Board and/or the State Board of Health.
SURFACE WATER. Water present on the surface of the earth, including: streams, lakes, ponds, rivers, swamps, marshes or rainwater present on the earth.
TRANSFER STATION. A facility for the acceptance, holding and loading of refuse into a vehicle for movement to a processing or disposal facility, excluding stationary compactors and collection containers.
VECTOR. Any living animal capable of harboring and transmitting microorganisms from one animal to another animal or human.
WATER COURSE. The path taken by flowing surface waters.
WATER TABLE. Groundwater table.
WORKING FACE. The portion of a sanitary landfill where refuse is discharged from collection trucks and is compacted prior to placement of cover material.
(B) Exclusions. It is further provided by the prohibitions contained in § 51.04 above and other parts of this chapter shall have no application to persons engaged solely in activity which is primarily for personal, family or household use or purposes; or activity which is associated with farming or other agricultural use, specifically, by way of illustration and not in any way by limitation, the spreading of manure, when the use is for personal purposes or as an associated part of a farming or agricultural operation.
(1983 Code, § 3-41-5)
§ 51.06 LOCAL PERMIT; OPERATION OF
(A) No persons shall cause or allow the operation of a sanitary and/or hazardous waste landfill without a valid operating permit issued by the County Health Officer.
(B) No application for a local operating permit for a new sanitary landfill or hazardous waste landfill will be accepted unless that landfill holds a valid construction plan permit and a valid operating permit from the state as specified by Regulation SPC 18. A copy of all plans and specifications approved by the state shall accompany all local permit applications.
(C) No application for a local operating permit for a sanitary or hazardous waste landfill will be accepted unless the facility has received all appropriate zoning approvals from the County Plan Commission and/or Board of Zoning Appeals.
(D) Complete application for operating permits for sanitary landfill or hazardous waste landfill must be made on forms provided by the Health Officer at least 30 days prior to proposed initial date of operation unless a shorter time is approved in advance by the Health Officer.
(E) Application for an operating permit for a sanitary landfill or hazardous waste landfill must be signed by the owner and the person who shall be responsible for the quality of operation, affirming that the person shall adhere to the method of operation specified in the plans, specifications and description of project, and shall maintain operational quality at or above the standards set by this chapter.
(F) Sanitary landfill or hazardous waste landfill conform to the following minimum general standards of operation:
(1) All on-site roads shall be passable by vehicles, including automobiles, regardless of weather;
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(2) Any shelter or sanitary facilities provided shall be constructed in accordance with the requirements of the State Board of Health for the construction;
(3) Feeding cattle, hogs, poultry or other animals at any landfill site is prohibited; and
(4) No refuse deposit shall be made nearer than 600 feet to any dwelling without written consent of the occupant and owner of the dwelling.
(G) All landfill operations must conform to the following minimum water quality standards.
(1) Where groundwater monitoring wells are deemed necessary by the State Board, the sampling frequency will be specified. Tests performed on groundwater samples shall include COD, pH, Fe., CL, conductivity and other tests deemed necessary by the State Board. On hazardous waste sites they shall include chlorides, iron, manganese, phenols, sodium, sulfates, pH, specified conductance, total organic carbon, halogens and any other parameters deemed necessary.
(2) Surface water courses and runoff shall be diverted from the sanitary landfill or hazardous waste landfill by trenches and proper grading. The landfill shall be constructed and cover material graded and seeded so as to promote rapid surface water runoff without excessive erosion. Regrading shall be done as required during operation and after completion to avoid ponding and to maintain cover thickness.
(3) In no case shall solid or hazardous waste be deposited within an aquifer. A barrier or undisturbed soil shall be maintained between the lowest portion of deposited refuse and the aquifer of a thickness to be determined by the State Board based upon permeability and ion exchange properties.
(H) Open burning of solid or hazardous wastes is prohibited unless authorized by the State Air Pollution Board.
(I) A sanitary or hazardous waste, landfill shall at all times be operated in an aesthetically acceptable manner.
(1) Portable litter fences or other devices shall be used in the immediate vicinity of the working face and other locations to control blowing litter. Windblown materials must be collected and buried daily.
(2) Access to the site shall be controlled and shall be by established roadways only. The sanitary or hazardous waste landfill shall be accessible only when operating personnel are on duty. Large containers may be placed outside the solid waste site entrance so that users can deposit waste after hours; the large containers and areas around them shall be maintained in a sanitary and litter-free condition.
(3) Vegetation shall be cleared only as necessary. Natural windbreaks such as green belts shall be maintained where they will be maintained in a sanitary and litter-free condition.
(4) A sign of at least 16 square feet shall be erected at the site entrance identifying the operation, stating operating schedule and fees.
(5) Salvaged materials must be stored in transportable containers or in building while awaiting removal from the site. In no instance shall salvaged materials be allowed to accumulate on the ground.
(6) On-site roads shall be constructed in such a way as to minimize the tracking of mud or soil material onto public highways, or the operator shall maintain the equipment required to remove any mud or soil materials which are tracked onto the public highway. Policing of litter on roads upon the site shall be the responsibility of the owner and operator of that landfill.
(J) Decomposition gases generated within a landfill shall be controlled on-site. Decomposition gases shall not be allowed to migrate laterally from the landfill site, nor allowed to concentrate in a manner that will pose an explosion or toxicity hazard.
(K) Effective means shall be taken to prevent the harboring, feeding or breeding of vectors. The presence of adult flies, roaches, mosquitoes, rodents and the immature stages of these and other vectors is inimical to public health. Effective control shall be indicated by the absence of fly larvae, nymphs or roaches, larval mosquitoes, and all other immature stages of vectors, as well as by the absence of mature or adult stages of vectors.
(L) A landfill shall be operated and maintained in such a manner as to protect the health and safety of personnel associated with the operation.
(1) Safety devices, including, but not limited to, roll bars and fire extinguishers shall be provided on all rolling equipment to protect the health and safety of operators.
(2) Provision shall be made to extinguish any fires in wastes being delivered to the site or which occur at the working face or within equipment or personnel facilities. Communication equipment shall be available for emergency situations.
(3) Scavenging shall be prohibited to avoid injury and to prevent interference with operations.
(4) Traffic signs shall be provided to promote an orderly traffic pattern to and from the discharge area and, if necessary, to restrict access to hazardous areas or to maintain efficient operating conditions. Manually discharged vehicles shall not hinder operation of mechanically discharged vehicles. No vehicles shall be left unattended at the working face or along traffic routes.
(M) An operating manual describing the various tasks that must be performed during a typical shift, as well as safety precautions and procedures, shall be available to employees for reference. Employees shall be instructed as to these tasks and safety precautions and procedures.
(N) A cover of compacted soil shall be applied and compacted over all exposed solid waste by the end of each operating day. A final cover of soil shall be applied and compacted as each area is completed.
(1) Equipment shall spread all solid waste in layers compact the waste, and place, spread and compact the cover material. These operations shall be on a working face slope maintained at three to one or steeper.
(2) All solid waste shall be covered by the end of each operating day. Daily cover shall be applied regardless of weather. The thickness of the compacted daily cover shall not be less than six inches.
(3) When any portion of a site reaches within two feet of final elevation, compacted final cover shall be applied, not less than two feet in depth. At the termination of operations at a site, final grading shall be done, and the area seeded with suitable vegetation to control erosion. Final cover shall have a slope of not less than 2% and be without depressions that will cause ponding of water.
(O) The disposal of hazardous and special wastes must conform to the following.
(1) Under no circumstances shall hazardous wastes be accepted at a sanitary landfill unless authorized in writing by the state and by the local Health Officer.
(2) Certain bulky wastes, such as automobile bodies, furniture and appliances shall be crushed on solid ground and then pushed onto the working face near the bottom of the cell or into a separate disposal area. The special areas used only for bulky wastes shall be identified on the plan for the completed site.
(3) Procedures for disposing of dead animals have been established by law I.C. 15-17-11-1 et seq. Any operation accepting carcasses shall comply accordingly. The soil shall be regraded periodically to keep water from ponding as a result of the settlement.
(P) At all times the equipment available shall be capable of spreading and compacting the solid waste and the cover material required for the most severe combination of solid waste delivery and weather conditions expected during any one operating day.
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Equipment manuals, catalogs and spare parts lists shall be available at the equipment maintenance facility.
(Q) A set of approved plans shall be maintained on site. An up-to-date plot plan of the landfill site shall be maintained on site, with areas marked as they are filled or excavated.
(1983 Code, § 3-41-6) Penalty, see § 51.99
§ 51.07 LOCAL PERMIT FOR OPERATION
OF REFUSE PROCESSING FACILITIES.
(A) In this section, FACILITIES shall mean all equipment, buildings or other features of a project necessary to conduct the processing of refuse. Excluded are containers utilized for refuse collection and stationary compactors.
(B) No person shall cause or allow the operation of any refuse processing facility without an operating permit issued by the County Health Officer.
(C) No application for a local permit for a refuse processing facility will be accepted unless the applicant holds a valid construction plan permit and a valid operating permit from the state as specified by Regulation SPC 18. A copy of all plans and specifications approved by the state shall accompany all local permit applications.
(D) No application for a local operating permit for a refuse processing facility will be accepted unless the applicant has received all appropriate zoning approvals from the County Plan Commission and/or Board of Zoning Appeals.
(E) Complete applications for operating permits for a refuse processing facility must be made on forms provided by the Health Officer at least 30 days prior to the proposed initial date of operating unless a shorter time is approved in advance by the Health Officer.
(F) Applications for permits to operate a refuse processing facility must be signed by the person responsible for maintaining operations within the
limits and quality standards specified for that operation in this regulation and in the approval for that plant.
(G) Refuse processing facilities shall maintain the premises in a litter free condition. Overnight refuse storage areas must be enclosed.
(H) Incinerator residue must be disposed of in a sanitary landfill holding a valid operating permit under this regulation.
(I) In the event of a breakdown or failure of any refuse processing facility, refuse normally accepted at that facility must be deposited at a sanitary landfill holding a valid operating permit under this regulation, until such time as the facility is fully operational again.
(1983 Code, § 3-41-7)
§ 51.08 PERMITS AND DURATION.
(A) Operating permits shall be valid for a period of one year from the effective date of the permit.
(B) An operating permit may be issued for less than one year if the Health Officer determines it is appropriate.
(C) A permit may be temporarily suspended by the County Health Officer upon violation by the holder of any part of the terms of this chapter, or revoked after a reasonable opportunity for a hearing by the Health Officer upon serious repeated violations.
(D) A separate permit shall be required for each refuse disposal and/or processing facility or method and a separate permit shall be required for each site.
(E) No permit shall be valid unless signed by the County Health Officer or his or her representative.
(F) No fee shall be charged for any state, county or municipally owned and operated public garage and rubbish disposal site in the county; provided, nevertheless, the County Health Officer shall have full jurisdiction and control over the policing of such, within the terms of this chapter.
(G) An operating permit for a hazardous waste landfill will be considered only for a single specific hazardous waste at a specific landfill site. Applications for the permit(s) shall set forth in detail the specific hazardous waste, the expected quantity of the waste along with the specific generator or generators of the waste and the proposed engineering method to be utilized to the disposal of the waste.
(H) Any hazardous waste permit issued by any governmental entity in existence as of the time of the passage of this chapter shall be granted a grace period in which to apply for a county permit. The grace period shall run for three months and within that period of time and before the expiration thereof, a permit shall be applied for.
(I) Fees for the issuance of permits may be fixed and charged by the County Board of Health in accordance with § 110.02 of this code of ordinances.
(1983 Code, § 3-41-8)
§ 51.09 RENEWAL OF PERMITS.
(A) Complete applications for renewal of permits must be submitted at least 30 days prior to the expiration date of the expiring permit, and comply with all of the conditions set forth in this chapter.
(B) Evaluation of an operating permit renewal application will be based on the quality of operation during the period of the previous permit. If the standard specifications of this chapter have been met, the permit will be reissued.
(1) Evaluation will be based on reports of all inspections made during the evaluation period, with a minimum of 12 inspections. No permit shall be renewed if the facility holding that permit has not been substantially in compliance with this chapter.
(2) No permit shall be renewed if, on more than half of the inspections, the operation did not meet requirements of this regulation, or if on more than one occasion one of the following had occurred:
(a) Acceptance of hazardous wastes, except as set out in this chapter;
(b) Open burning of refuse without efforts to extinguish the fire having been initiated prior to the inspection; and
(c) Leachate flowing into a stream, lake, river, other surface water or an aquifer without adequate control measures in operation.
(1983 Code, § 3-41-9)
§ 51.10 MISCELLANEOUS.
(A) Disposal sites and operations which receive only rocks, brick, concrete or earth or any combination thereof shall be excluded from the provisions of this regulation. Any operation wishing to accept any other inert fill may petition the State Board or its designated agent for exclusion from this regulation. This exclusion is void if the disposal site or operation knowingly or unknowingly receives any matter than the above, or that approved by the Board.
(B) Any land application of hazardous waste shall require an operating permit from the Health Officer as heretofore set out. No local operating permit for disposal of hazardous waste using a land application method shall be approved until the applicant has first secured written approval from the State Stream Pollution Control Board and/or the State Board of Health and/or the State Environmental Management Board. Application for operating permit must be made on forms provided by the Health Officer at least 30 days prior to the proposed initial date of operation unless a shorter time is approved in advance by the Health Officer. The applicant shall follow the same procedures as outlined in § 51.05 above. Any land application of hazardous wastes which creates a problem by polluting ground and/or surface water, by creating a breeding place for vermin, or by creating a noxious, harmful or offensive odor shal1 be considered detrimental to the health and welfare of the citizens of the county.
(C) Sanitary landfills and other disposal operations which are closed after promulgation of this chapter shall be inspected by the Health Officer or his or her designated agent. Following final acceptance by the Health Officer or his or her designated agent, a detailed description, including a plan, shall be
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recorded by the owner or operator with the county’s land recording authority. The description shall include general types and location of wastes, depth of fill and other information of interest to potential land owners. The owner or operator shall maintain surface contours, continue periodic groundwater monitoring, and exercise any necessary controls over gas or leachate produced.
(1983 Code, § 3-41-10)
§ 51.11 ENFORCEMENT.
(A) The enforcement of this chapter shall be by the County Health Officer and his or her duly appointed and designated agent or agents.
(B) It shall be the duty of the County Prosecuting Attorney, to whom the County Health Officer shall report any alleged violations, to cause proceedings to be commenced against the alleged violator of the provisions of this chapter, and to prosecute the matter to final determination.
(1983 Code, § 3-41-11) Penalty, see § 51.99
§ 51.12 POWERS FOR INSPECTION.
The County Health Officer or his or her agent bearing proper credentials and identification shall be permitted to enter upon all properties at the proper time and after due notice to the landowner for purpose of inspection, observation, measurement, sampling and testing necessary to carry out the provisions of this chapter.
(1983 Code, § 3-41-12)
§ 51.99 PENALTY.
(A) Any person convicted of a violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and on conviction thereof, shall be subject to a fine of not more than $500, for a first offense; for a second offense a fine of not more than $1,000; and for a third and each subsequent offense by a fine of not more than $1,000.
(B) Each day of noncompliance with the terms of this chapter and the time limit for abating unsanitary conditions and completing improvements to abate the conditions as ordered by the County Board of Health, or by the County Health Officer, shall constitute a distinct and separate offense.
(1983 Code, § 3-41-11)
CHAPTER 52: SEWER PROVISIONS
52.03 Onsite sewage systems
52.04 Permits and inspection
52.05 Powers for inspection
Registration of Onsite Disposal System Installers
52.21 Installer registration
52.22 Installer examination
52.23 Installer certification
52.26 Administrative appeals
§ 52.01 PURPOSE.
The purpose of this subchapter is to provide a chapter regulating the installation, construction, maintenance and operation of private sewage disposal systems in areas and providing penalties for violations thereof.
(1983 Code, § 3-42)
§ 52.02 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMBINED SEWER. A sewer recovering both surface water run-off and sewage.
COMMERCIAL ONSITE SEWAGE SYSTEM. Any sewage disposal system for a non-residential structure.
ONSITE SEWAGE SYSTEM. Any arrangement of devices and structures used for receiving, treating, and disposing of sewage.
ONSITE SEWAGE SYSTEM DISTRICT. Any sewage disposal system constructed installed, maintained, operated, and owned by a municipality or a taxing district established for that purpose.
PERSON. An individual, firm, or corporation,
(1) Any sewer constructed, installed, maintained, operated, and owned by a municipality or a taxing district established for that purpose.
(2) A county sewer installed for the purpose of carrying surface water run-off and sub-soil drainage shall not be considered a PUBLIC SEWER under this definition.
RESIDENTIAL ONSITE SEWAGE SYSTEM. Any sewage disposal system used by a single- or two-family dwelling with a daily design flow of 750 gpd or less.
SANITARY SEWER. A sewer which carries sewage and to which storm surface and ground waters are intentionally admitted.
SEWAGE. Any combination of human excreta and waste water from water closets, laundries, sinks, bathing facilities, and other objectionable waste waters.
2011 S-1 15
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SEWER. A pipe or conduit for carrying sewage.
(1983 Code, § 3-42-1) (Ord. 2011-5, passed 3-1-2011)
§ 52.03 ONSITE SEWAGE SYSTEMS.
(A) Where a public sanitary or combined sewer is not available, all persons owning or leasing property shall comply with the following provisions of this subchapter for onsite sewage systems.
(B) It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner upon public or private property within the county, or in any area under the jurisdiction of the county, any human excrement or sewage.
(C) At any business building situated within the county where there is installed an onsite sewage system which is not concerted to a public sewer system, and no public sewer system is available, there shall be established, installed, or constructed and maintained an onsite sewage system which shall comply with the standards of the state Department of Health as from time to time contained in Rule 410 I.A.C. 6-10 manner as approved by the state Department of Health. Copies of Rule 410 I.A.C. 6-8.3 and 410 I.A.C. 6-10.1 are incorporated by reference as part of this section, and two copies are filed in the office of the County Auditor and County Health Officer for public inspection.
(D) Any privy situated within the county shall be of the sanitary type and shall be constructed and maintained in a clean condition and so that insects and rodents cannot enter the vault. Any privy shall be located properly to protect water supplies from contamination. Any newly constructed privy must meet the requirements of I.S.D.H. Bulletin S.E. 11.
(E) All residential onsite sewage systems and privies shall be installed, constructed, and maintained in an approved manner as from time to time described in Rule 410 I.A.C. 6-8.3 from the state Department of Health, copies of which are herewith incorporated by reference as a part of this section, and two copies filed in the office of the County Auditor and County Health Officer for public inspection.
(F) The installation of any other residential onsite sewage systems not described in state Board of Health Rule 410 I.A.C. 6-8.3 of mechanical, chemical, or other means shall require prior approval of both the County Health Officer and the state Department of Health.
(G) Should any defect exist or occur in any onsite sewage system or privy which would cause the onsite sewage system or privy to fail to meet the requirements in divisions (C), (D), and (E) of this section and cause an insanitary condition, the defect shall be corrected immediately by the owner or agent of the owner, occupant, or agent of the occupant. Failure to do shall be a violation of this subchapter, and the violator shall be subject to the penalties prescribed in § 52.99.
(H) Wherever a public combined or sanitary sewer becomes available and is within 100 feet of the property line of the residential or business property served by a onsite system or privy, situated within the county, a direct connection shall be made to the sewer and any septic tanks, seepage pits, outhouses, privy pits, and similar sewage disposal and treatment facilities shall be abandoned and filled in a safe and sanitary manner.
(I) Whenever a new business, building, or subdivision is developed in an area where a public combined or sanitary sewer is available, a connection shall be made to the sewer if such connection can be made at a reasonable cost.
(J) After receiving an order in writing from the county Board of Health or the duly appointed health officer, the owner, agent of the owner, or the occupant or agent of the occupant of the property shall comply with the provisions of this subchapter as set forth in the order and within the time limit included therein. The order shall be served on the owner or the owner and the occupant or on the agent of the owner but may be served on any person who, by contact with the owner, has assumed the duty of complying with the provisions of an order.
(1983 Code, § 3-42-2) (Ord. 2011-5, passed 3-1-2011; Ord. 2013-12, passed 5-7-2013)
§ 52.04 PERMITS AND INSPECTION.
(A) Before commencement of construction of any building or private residence where an onsite sewage system or privy is to be installed, or where any alteration, repair, or addition of an existing onsite sewage system is planned, the owner or agent of the owner shall first obtain a written permit signed by the County Health Officer, and said permit shall be posted in a conspicuous place on the premises proper to the commencement of work thereunder. No person shall perform any work on such project until such permit is so obtained and posted on the premises. The application for such permit shall be made on a form provided by the county health department, which application shall be accompanied by any plans, specifications, and other information as may be deemed necessary by the County Health Officer.
(B) A permit for an onsite sewage system or privy shall not become effective until the installation is completed to the satisfaction of the County Health Officer. He or she, or his or her agent, shall be allowed to inspect the work at any stage of construction; and, in any event, the applicant for the permit shall notify the County Health Officer at least 48 hours before the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within two working days of the receipt of notice by the County Health Officer.
(C) The application for a permit shall be posted in a conspicuous place at or near the building where the onsite sewage system is under construction. The notice should be plainly visible from the public thoroughfare serving this building.
(D) Fees for the issuance of permits and for inspections may be fixed and charged by the county board of health in accordance with Section § 110.02. of this code of ordinances.
(1983 Code, § 3-42-3) (Ord. 2011-5, passed 3-1-2011)
§ 52.05 POWERS FOR INSPECTION.
(A) The County Health Officer or his or her agent bearing proper credentials and identification
shall be permitted to enter upon all properties at the proper time for purpose of inspection, observation, measurement, sampling, and testing necessary to carry out the provisions of this subchapter.
(1983 Code, § 3-42-4) (Ord. 2011-5, passed 3-1-2011)
§ 52.06 NOTICES.
Any person found to be violating any provision of this subchapter may be served by the county Board of Health or the duly appointed health officer with a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof.
(1983 Code, § 3-42-5) (Ord. 2011-5, passed 3-1-2011)
REGISTRATION OF ONSITE
SEWAGE SYSTEM INSTALLERS
§ 52.20 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFIED INSTALLER. An installer who passes a written proficiency examination conducted by the county health department of an entity approved by the county health department and maintains certification through retesting or obtaining the proper continuing education units.
DEPARTMENT. The state Department of Health.
REGISTERED INSTALLER. A certified installer who registers with the county health department.
(Ord. 2011-5, passed 3-1-2011)
18 Jackson County - Public Works
§ 52.21 INSTALLER REGISTRATION.
(A) No person shall construct, install, replace, alter, or repair any part of any onsite sewage system (OSS) in the county unless the person is registered with the county health department.
(B) An installer shall file an application for registration with the county health department, and keep on file at the county health department, a current certification in gravity OSS, flood dose OSS, trench pressure OSS, sand mound OSS, and alternative technology OSS for which an interim standard has been published by the department.
(C) Such registration shall be valid for a term of one year beginning January 1 and expiring December 31 of the same year and shall be renewed annually. The Registration shall bear the name and address of the registered installer and the expiration date and shall not be transferable.
(Ord. 2011-5, passed 3-1-2011)
§ 52.22 INSTALLER EXAMINATION.
(A) Every installer engaged in the construction of OSS in the county shall be knowledgeable of all laws, rules, technical specifications, and ordinances of both the state and the county governing OSS.
(B) The applicant for certification shall demonstrate knowledge of the applicable laws, rules, technical specifications, and ordinances before becoming certified by passing a written proficiency examination conducted by the county health department or an entity approved by the county health department.
(C) The examination shall be in multiple parts. The county health department or an entity approved by the county health department will develop examinations to test applicant knowledge of laws, rules, regulations, and ordinances of the state and the county in the following areas:
(1) Part A will cover gravity OSS and flood dose OSS;
(2) Part B will cover trench pressure distribution OSS and sand mound OSS;
(3) Additional examinations for alternative technology OSS for which an interim standard has been published by the department.
(D) The examinations shall be reviewed from time to time to determine their applicability to current laws, rules, technical specifications, and ordinances.
(E) A score of eighty (80) percent or higher on each part will be considered passing. If the applicant fails to pass any part of the examination, the applicant may reapply for installer certification no earlier than one month following the examination date.
(F) When taking a written examination is not feasible due to language or reading difficulties, oral examination will be allowed.
(Ord. 2011-5, passed 3-1-2011)
§ 52.23 INSTALLER CERTIFICATION.
An applicant shall comply with the requirements for obtaining a certification and may be certified to install OSS for the following:
(A) Upon successful completion of the examination for § 52.22(C)(1) (Part A), the applicant shall be issued a certification to install gravity OSS and flood dose OSS. Certification to install gravity OSS and flood dose OSS is required prior to certification to install trench pressure OSS and sand mound OSS, or certification to install an alternative technology OSS for which an interim standard has been published by the department.
(B) Upon successful completion of the examination for § 52.22(C)(2) (Part B), the applicant shall be issued a certification to install trench pressure OSS and sand mound OSS.
(C) Upon successful completion of an examination for § 52.22(C)(3) for an alternative technology OSS for which an interim standard has been published by the department, the applicant shall
be issued a certification to install an OSS for that alternative technology.
(D) Such certification shall be valid for a term of three years beginning January 1, and expiring December 31 of the third year, and shall be renewed tri-annually. The certification shall bear the name and address of the certified installer and the expiration date and shall not be transferable. The installer shall reapply for certification and pass the proficiency test, or provide proof of recertification by an entity approved by the county health department.
(E) The county health department may approve continuing education units (CEUs) for educational experiences attended by the certified installer, in lieu of testing requirement for renewal. Six CEUs related to each part of the exam listed under § 52.22(C) shall be required during the three-year certification period to avoid retesting for that part of the exam.
(F) The installer shall possess a copy of the certification at all times when installing OSS.
(G) A certified installer shall be on site at all times during OSS construction and shall be deemed responsible for the construction. A certified installer may supervise other construction workers as necessary to assist in the construction.
(H) Every certified installer shall be working under a registered installer. If the certified installer is not also a registered installer, he or she shall declare at the time of certification the registered Installer they Work for and shall maintain employment with the registered installer as a condition of his or her certification.
(I) A property owner wanting to install, repair, replace, or otherwise work on the OSS serving the property owner's dwelling shall be required to demonstrate knowledge of the applicable laws, rules, technical specifications, and local ordinances by passing the proficiency exam detailed in § 52.22(C) conducted by the county health department, or an entity approved by the county health department.
(Ord. 2011-5, passed 3-1-2011)
§ 52.24 ENFORCEMENT.
(A) If a registered installer has repeated violations of any provision of this subchapter or the applicable rules or technical specifications of the department, the County Health Officer may revoke the appropriate registration. If registration is revoked, the requirements for becoming registered, including testing and the payment of the registration fee, shall apply prior to re-registration. An installer who has been reregistered shall be on probationary status for a period of one year.
(B) If a registration is revoked, the installer shall be advised, in writing, for the basis of the revocation, the right and procedure for appeal, the deadline for appeal, and the opportunity for a fair hearing.
(C) Any person (except for a property owner who complies with the requirements of § 52.23(I)) constructing, installing, repairing, replacing, or altering any OSS who is not registered in the county shall be deemed to be in violation of this subchapter. A person who is in violation of this subchapter shall be fined for the first offense no more than $2,500; for the second and each subsequent offense no more than $2,500. Each violation of this subchapter shall constitute a separate violation.
(D) The County Health Officer may seek injunctive relief for continued or threatened violation of this subchapter.
(E) In the event that it is necessary to enforce this subchapter through court action, the violator shall be assessed all legal fees, court costs, and all other costs of litigation, in addition to any fines imposed. All such costs, fees, and fines shall be an amount determined by the court and awarded as a judgment in favor of the county.
(Ord. 2011-5, passed 3-1-2011)
§ 52.25 FEES.
(A) A fee for installer registration shall be submitted prior to the issuance or renewal of the registration in the amount required by the current county health department schedule.
20 Jackson County - Public Works
(B) A property owner as described in § 52.23(I) is subject to the same installer registration fees.
(Ord. 2011-5, passed 3-1-2011)
§ 52.26 ADMINISTRATIVE APPEALS.
(A) Any person who is aggrieved by any decision of the County Health Officer under this subchapter may appeal within 30 days to the county Board of Health. The county Board of Health shall promptly schedule a hearing to consider the matter.
(B) Any person who is aggrieved by any decision of the county Board of Health under this subchapter may appeal within 30 days to the county Board of Commissioners. The county Board of Commissioners shall promptly schedule a hearing to consider the matter.
(1983 Code, § 3-42.5-4) (Ord. 2011-5, passed 3-1-2011)
§ 52.99 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) Any person found to be violating any provision of §§ 52.01 through 52.06 shall be liable for a penal fine.
(1) The penalty shall be:
(a) For the first offense, a fine of not more than $500;
(b) For the second offense, a fine of not more than $1,000; and
(c) For the third and each subsequent offense, a fine of not more than $1,000, plus costs.
(2) Each day after the expiration of the time limit for abating insanitary as ordered by the county Board of Health or by the duly appointed health officer of the county, shall constitute a distinct and separate offense.
(1983 Code, § 3-42-6) (Ord. 2011-5, passed 3-1-2011)