§ 12-101. Prohibited acts.

(a)

No individual, partnership, corporation, or other entity 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)

No individual, partnership, corporation, or other entity shall collect and/or dispose of municipal solid waste for a fee without obtaining a franchise from the governing authority.

(c)

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 properly as defined by the Rules of the Georgia Department of Natural Resources, EPD.

(1)

A person shall be presumed to have violated this provision if, upon written notification by the enforcement officer that litter or solid waste has been dumped on the 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 endorsement officer or his/her designee within fifteen (15) days of notification with written assurance that the accumulation of litter or solid waste will be properly disposed of within thirty (30) days from the original date of notification.

(2)

No person who first informs the enforcement officer 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 that all accumulated litter or solid waste will be properly disposed of within forty-five (45) days of the date of such written notification and subsequently provides proof of such disposal.

(d)

No person shall engage in solid waste handling in a manner which will be conducive to insect and rodent infestation or the harboring and feeding of wild dogs or other animals; impair the air quality; impair the quality of the ground or surface waters; impair the quality of the environment; or likely create other hazards to the public health, safety, or well-being as may be determined by the solid waste management director or his/her designee.

(e)

Provisions of this article apply to all persons presently engaged in solid waste handling as well as all persons proposing to engage in solid waste handling.

(Ord. No. 99-03, art. II, § 1, 8-24-99)