Chapter 8.05
SANITARY LANDFILLS (effective until December 3, 2024)
Sections:
8.05.070 Prohibited activities.
8.05.010 Title.
This chapter shall be known as the 1992 Josephine County Sanitary Landfill User Ordinance. [Ord. 92-6 § 1.]
8.05.020 Purpose.
The purpose of this chapter is to establish user fees and conditions at County-owned and operated sanitary landfill sites. [Ord. 92-6 § 2.]
8.05.030 Definitions.
“Administrator” means the Environmental Health Department Administrator or his duly authorized representative.
“Battery” means a lead acid vehicle battery.
“Board” means the Josephine County Board of Commissioners.
“DEQ” means the Department of Environmental Quality.
“Disposal Site” means any location authorized by DEQ and Josephine County for the disposal of solid waste.
“Person” means any individual, firm, corporation or governmental agency.
“Pick-Up Truck” means a truck having a rated gross vehicle weight of 10,000 pounds or less.
“Solid Waste” means all putrescible and nonputrescible wastes, including but not limited to garbage, rubbish, refuse, cold ashes, waste paper and cardboard; digested sewage sludge, commercial, industrial demolition material and construction waste; discarded or abandoned vehicles or parts thereof; discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes and dead animals. The term does not include: hazardous wastes as defined by ORS 466.005; materials used for fertilizer or for other productive purposes or which are salvageable as such materials are used on land in agricultural operations and the growing or harvesting of crops and the raising of fowl or animals; nondigested sewage sludges, septic tank pumping, oils, chemical, liquids, hospital wastes, explosives, hot ashes or other materials determined to be hazardous by the Administrator.
“Trailer” means a towed vehicle no larger than four feet by eight feet that is used to haul solid waste materials on a public highway.
“Waste Tire” means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
“Whole Vehicle” means a vehicle that is substantially intact, notwithstanding damage and some missing parts. [Ord. 92-6 § 3.]
8.05.040 Dumping authority.
The Administrator shall accept solid waste at the County-owned and operated landfill sites from authorized users during hours set by the Board or their designee. The disposal site shall be closed during recognized holidays observed by Josephine County. All authorized users of County-owned and operated disposal sites shall be subject to the restrictions contained in this chapter. [Ord. 92-6 § 4.]
8.05.050 Authorized users.
All persons shall be deemed to be authorized users and shall be permitted to dispose of waste, as defined herein, at any County-owned and operated sanitary landfill site. [Ord. 92-6 § 5.]
8.05.060 Burial requirement.
All solid waste materials received shall be appropriately buried in the designated disposal trenches. Land clearing debris and other wood wastes may be received without burial and will be burned as authorized by conditions described in the Department of Environmental Quality required Kerby Landfill Permit. [Ord. 92-6 § 6.]
8.05.070 Prohibited activities.
The following activities are hereby prohibited by any authorized user of a County-owned and operated sanitary landfill site:
A. The disposal or the attempted disposal of material other than waste as defined herein unless specifically authorized by the Administrator.
B. The failure to pay any and all fees as determined by the Administrator.
C. The failure to conform to and abide by the disposal procedures and directions established by the Administrator.
D. The salvaging and recycling of sanitary landfill waste or other materials without written authorization of the Administrator.
E. The placement of waste tires or lead acid vehicle batteries.
F. The dumping from a vehicle larger than a pick-up truck when waste material burial is required. County authorized franchise haulers are excepted from this prohibition.
G. The dumping from a trailer larger than the approximate size of a pick-up truck bed when waste material burial is required.
H. Recyclable solid waste materials that are not separated by the landfill user.
I. The placement of asbestos materials.
J. The placement of burnable material that is not separated from the wastes to be buried.
K. The nonpayment of the required user fee. Exceptions may be made by the Board. Approved accounts may be billed monthly.
L. The placement of medical (infectious) wastes.
M. The placement of whole vehicles. [Ord. 92-6 § 7.]
8.05.080 User fees.
A. Any authorized user shall pay a fee in an amount which shall be collected by the Administrator in accordance with the following schedule:
|
Compacted solid waste materials |
$1.25 per cubic yard |
|
Loose solid waste materials |
$1.00 per cubic yard |
|
Large appliances |
$2.50 each |
B. The Administrator shall determine the amount, composition and type of solid waste to be disposed of in determining a recommended fee.
C. User fees are subject to an annual review, and may be adjusted periodically by the Board by amendment to this chapter, when deemed necessary to meet annual operating expenses. [Ord. 92-6 § 8.]
8.05.090 Appeal.
Any action or ruling by the Administrator in implementing this chapter may be appealed to the Board within 30 days after the Administrator has rendered his decision by the person appealing filing written notice with the Chair of the Board. If no appeal is taken within the 30-day period, the decision of the Administrator shall be final. If an appeal is filed, it shall be accompanied by a filing fee of $20.00. The appeal shall be decided by the Board, without requirement for hearing, but utilizing what mode of proceeding the Board determines to be appropriate. [Ord. 92-6 § 9.]
8.05.100 Penalty.
Any person, firm, corporation or other entity who violates any provisions of this chapter shall be punished upon conviction by a fine of not more than $500.00 for a noncontinuing offense and a fine of not more than $1,000 for a continuing offense. This penalty shall be in addition to any other remedy provided by law. [Ord. 92-6 § 11.]