§ 46-35. Prohibited acts and required actions.

(a)

Compliance with regulations. No person shall engage in solid waste handling except in such a manner as to conform to and comply with this article and all applicable state and federal legislation, rules, regulations and orders.

(b)

License requirement. No person shall collect and dispose of municipal solid waste for a fee without obtaining a license from the county.

(c)

Open dumping. No solid waste may be disposed of by any person in an open dump, nor may any person cause, suffer, allow or permit open dumping on his property as defined by the Rules of the Georgia Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4-04.

(1)

A person shall be presumed to have violated this subsection if, upon written notification that litter or solid waste has been dumped on that person's property, not otherwise subject to the provisions of O.C.G.A. §§ 16-7-51—16-7-54, that person fails to provide the county, within 15 days of notification, with written assurance that the accumulation of litter or solid waste will be properly disposed of within 30 days from the original date of notification and subsequently provides proof of such disposal.

(2)

No person who first informs the county in writing that illegal dumping has occurred on a particular parcel of that person's property shall be deemed to have violated this provision, if such person provides written assurance all accumulated litter or solid waste will be properly disposed of within 45 days of the date of such written notification and subsequently provides proof of such disposal.

(d)

Dumping of solid waste on private property or road right-of-way. No agent or employee of a licensee under the terms of this article shall be allowed to dump solid waste or any other waste material on private property or the rights-of-way of roads within the county.

(e)

Collection and transportation. The owner or occupant of any premises, office, business establishment, institution, industry or similar facility shall be responsible for the collection and transportation of all solid waste accumulated at the premises, office, business establishment, institution or similar facility to a solid waste handling facility operating in compliance with the Georgia Environmental Protection Division Rules and Regulations.

(f)

Health hazards. No owner or occupant shall allow the accumulation on his residential unit or commercial establishment of solid waste where such solid waste creates or may create a health hazard to neighbors or other citizens, or is unsightly, or emits foul or obnoxious odors which constitute either a public or private nuisance. Such conduct shall constitute a violation of this article. Nothing in this article shall limit the right of any person to use poultry or other animal manure for fertilizer.

(Ord. of 2-21-1998, § 4; Ord. of 10-2-2001)