Chapter 7
COUNTY UTILITIES AND SERVICES
Article I. In General
Sec. 7-1. Private road/easement addressing and signage policy.
Secs. 7-2– 7-19. Reserved.
Article II. Sewers
Division 1. Generally
Sec. 7-20. Definitions.
Sec. 7-21. Powers and authorities of inspectors.
Sec. 7-22. Denial of service.
Sec. 7-23. Deposit of waste in an unsanitary manner.
Sec. 7-24. Discharge of untreated wastewaters to natural outlet.
Sec. 7-25. Privies, septic tanks, etc., restricted.
Secs. 7-26– 7-29. Reserved.
Division 2. Private Sewage Disposal
Sec. 7-30. Compliance with division where public system not available.
Sec. 7-31. Permit– Required; application; fee.
Sec. 7-32. Same– Effective at completion of installation; standards; inspection.
Sec. 7-33. Same– Compliance with state recommendations; absorption facilities; prohibited discharge.
Sec. 7-34. Manner of operation and maintenance.
Sec. 7-35. Connection to sewer and abandonment of private system.
Sec. 7-36. Additional requirements.
Secs. 7-37– 7-39. Reserved.
Division 3. Building Sewers and Connections
Sec. 7-40. Required installation of toilet facilities and connection to public sewer.
Sec. 7-41. Permit to make connection, etc.– Required.
Sec. 7-42. Same– Classes; application; addenda; fee.
Sec. 7-43. Responsibility for costs and expenses; indemnification of county.
Sec. 7-44. Separate building sewer for each building.
Sec. 7-45. Use of old building sewers.
Sec. 7-46. Building sewer installation specifications.
Sec. 7-47. Building sewer elevation; sewage lift.
Sec. 7-48. Connection of roof downspout, etc.
Sec. 7-49. Connection specifications.
Sec. 7-50. Notice of readiness for inspection and connection; supervision.
Sec. 7-51. Guarding excavations; permission to cut surface; restoration.
Secs. 7-52– 7-59. Reserved.
Division 4. Use of Public Sewer
Sec. 7-60. Discharge of unpolluted waters prohibited.
Sec. 7-61. Approved discharge of unpolluted waters.
Sec. 7-62. Wastes prohibited in public sewers.
Sec. 7-63. Discharge to public sewers of certain wastes restricted.
Sec. 7-64. Options open to superintendent as to deleterious discharges.
Sec. 7-65. Grease, oil and sand interceptors.
Sec. 7-66. Providing pretreatment and flow-equalizing facilities.
Sec. 7-67. Providing control manholes, meters and facilities for testing.
Sec. 7-68. Tests and analyses.
Sec. 7-69. Removal, transportation and disposition of scavenger wastes.
Sec. 7-70. Special agreements.
Sec. 7-71. Protection of system from damage.
Division 5. On-Site Sewage Management System
Sec. 7-72. Septic tank permit procedure.
Secs. 7-73– 7-79. Reserved.
Article III. City-County Solid Waste Permits and Disposal Regulations
Division 1. Generally
Sec. 7-80. Generally.
Sec. 7-81. Purpose.
Sec. 7-82. Definitions.
Sec. 7-83. Types of permits.
Sec. 7-84. Permit procedures.
Sec. 7-85. Hauler vehicle construction and maintenance.
Sec. 7-86. Transporting and discharging waste.
Sec. 7-87. Industrial process solid waste municipal sludges.
Sec. 7-88. Waste acceptance policy and regulations.
Sec. 7-89. Fee schedule.
Sec. 7-90. Facility rules for haulers.
Sec. 7-91. Operational rules and regulations.
Sec. 7-92. Credit policies.
Sec. 7-93. Generators of scrap tires.
Sec. 7-94. Transportation of scrap tires.
Sec. 7-95. Processing of scrap tires.
Sec. 7-96. Illegal dumping of tires.
Sec. 7-97. Enforcement.
Sec. 7-98. Regulation of litter.
Sec. 7-99. Punishment.
Sec. 7-100. Prima facie evidence.
Sec. 7-101. Storage of waste tires.
Sec. 7-102. Enforcement.
Secs. 7-103– 7-109. Reserved.
Division 2. Regulation of Disposal of Hazardous Waste
Sec. 7-110. Permit required.
Sec. 7-111. Definition.
Sec. 7-112. Requirements for issuance of permit.
Sec. 7-113. Exception for existing disposers.
Sec. 7-114. Penalty for violation.
ARTICLE I. Sec. 7-1. Private road/easement addressing and signage policy.
(a) The private road/easement addressing and signage policy is written to provide guidance and rules to employees of Whitfield County on responding to requests by citizens to address and/or provide signage for their private road or easement.
(b) Whitfield County cannot provide improvements to private roads or easement without running the risk of accepting liability for the same; however, measures should be taken by the county to ensure the most efficient response to provide public safety services to these citizens.
(c) The county will only provide addressing for citizens on private roads or easements to the extent that the address shall include only the road number and the county road which the private road or easement intersects.
(d) The county will only provide signage at the intersection of the county road and the private road or easement and for private roads or easements that have more than three residents located on it. Said signage will only be located in the county road right-of-way and shall indicate on a green sign the county road name and above it shall be a blue sign indicating the private road name/easement that was in existence in the county's road inventory as of January 1, 2003; otherwise, the blue sign shall indicate the county road name for which the private road/easement intersects and the mileage expressed to the tenth of a mile at the lower right of the sign. The mileage on the blue sign will be determined from the beginning of the county road starting either from the west or south and expressed to the tenth of a mile to each private road/easement.
(Mo. of 2-16-04)
Secs. 7-2– 7-19. Reserved.
ARTICLE II. ------------
Cross references: Special district for sewage disposal, § 14-1 et seq.
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DIVISION 1. Sec. 7-20. Definitions.
Unless the context specifically indicates otherwise, the meanings of terms used in this article shall be as follows:
BOD (denoting biochemical oxygen demand): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in milligrams per liter.
Building drain: That part of the lowest horizontal piping of a drainage system which receives the discharge from soil waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the inner face of the building wall.
Building sewer: The extension from the building drain to the public sewer or other place of disposal.
Combined sewer: A sewer receiving both surface runoff and sewage.
Garbage: Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
Industrial wastes: The liquid wastes from industrial manufacturing processes, trades, or businesses as distinct from sanitary sewage.
Natural outlet: Any outlet into a watercourse, pond, ditch, lake, or other body of surface or ground water.
pH: The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Properly shredded garbage: The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.
Public sewer: A sewer in which all owners of abutting properties have equal rights and which is controlled by public authority.
Sanitary sewer: A sewer which carries sewage and in which storm, surface, and ground waters are not intentionally admitted.
Sewage: A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.
Sewage treatment plant: Any arrangement of devices and structures used for treating sewage.
Sewage works: All facilities for collecting, pumping, treating and disposing of sewage.
Sewer: A pipe or conduit for carrying sewage.
Slug: Any discharge of water, sewage, or industrial waste which in concentration of any given constituent or if quantity of flow exceeds for any period of duration longer than 15 minutes more than five times the average 24-hour concentration or flows during normal operation.
Storm drain (sometimes termed "storm sewer"): A sewer which carries storm and surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.
Superintendent: The superintendent of waterworks of the county, or such superintendent's authorized deputy, agent or representative.
Suspended solids: Solids that either float on the surface or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
Watercourse: A channel in which a flow of water occurs, either continuously or intermittently.
(Ord. of 1-14-86(1), Art. I, §§ 1– 23)
Sec. 7-21. Powers and authorities of inspectors.
(a) The superintendent and other duly authorized employees of the county bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this article.
(b) The superintendent and other authorized employees are empowered to issue citations for violations of this article.
(c) While performing the necessary work on private properties referred to in subsection (a) of this section, the superintendent or duly authorized employees of the county shall observe all safety rules applicable to the premises established by the company.
(Ord. of 1-14-86(1), Art. VII, § 2)
Sec. 7-22. Denial of service.
The board of commissioners shall have the right to refuse to initiate, continue, or recommence service of any utility to a customer or at the premises of a customer until and unless the customer shall abide by the rules and regulations of the board of commissioners.
(Ord. of 1-14-86(1), Art. VIII, § 1)
Sec. 7-23. Deposit of waste in an unsanitary manner.
It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner in the unincorporated areas of the county any human or animal excrement, garbage, or other objectionable waste.
(Ord. of 1-14-86(1), Art. II, § 1)
Sec. 7-24. Discharge of untreated wastewaters to natural outlet.
It shall be unlawful to discharge to any natural outlet within the unincorporated areas of the county, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions or this article.
(Ord. of 1-14-86(1), Art. II, § 2)
Sec. 7-25. Privies, septic tanks, etc., restricted.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
(Ord. of 1-14-86(1), Art. II, § 3)
Secs. 7-26– 7-29. Reserved.
DIVISION 2. Sec. 7-30. Compliance with division where public system not available.
Where a public sanitary or combined sewer is not available under the provisions of this article, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.
(Ord. of 1-14-86(1), Art. III, § 1)
Sec. 7-31. Permit– Required; application; fee.
(a) Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the superintendent.
(b) The application for such permit shall be made on a form furnished by the county, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the superintendent.
(c) A permit and inspection fee of $5.00 shall be paid to the county at the time the application is filed.
(Ord. of 1-14-86(1), Art. III, § 2)
Sec. 7-32. Same– Effective at completion of installation; standards; inspection.
(a) A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the superintendent.
(b) The superintendent shall utilize the then current environmental protection and acceptable building standards, normal to the trade, in arriving at a determination of satisfaction.
(c) The superintendent shall be allowed to inspect the work at any state of construction and, in any event, the applicant for the permit shall notify the superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within
72 hours of the receipt of notice by the superintendent.
(Ord. of 1-14-86(1), Art. III, § 3)
Sec. 7-33. Same– Compliance with state recommendations; absorption facilities; prohibited discharge.
The type, capacity, location, and layout of a private sewage disposal system shall comply with all recommendations of the environmental protection division of the Georgia Department of Natural Resources. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 20,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(Ord. of 1-14-86(1), Art. III, § 4)
Sec. 7-34. Manner of operation and maintenance.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner, as determined by the state and county health officers at all times at no expense to the county.
(Ord. of 1-14-86(1), Art. III, § 6)
Sec. 7-35. Connection to sewer and abandonment of private system.
At such time as a public sewer becomes available to property served by a private sewage disposal system, as provided in section 7-40, a direct connection shall be made to the public sewer in compliance with this article, such connection of the building sewer to be made within 60 days of notice of installation and operation, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be cleaned of sludge, and filled with clean bank-run gravel or dirt and abandoned as a sewage treatment or sewage disposal system.
(Ord. of 1-14-86(1), Art. III, §§ 5, 8)
Sec. 7-36. Additional requirements.
No statement contained in this division shall be construed to interfere with any additional requirements that may be imposed by the state and county health officers.
(Ord. of 1-14-86(1), Art. III, § 7)
Secs. 7-37– 7-39. Reserved.
DIVISION 3. Sec. 7-40. Required installation of toilet facilities and connection to public sewer.
The owner of all houses, buildings, or property used for human occupancy, employment, recreation, or other purposes, situated within the unincorporated areas of the county and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer within the unincorporated areas of the county, is hereby required at such person's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 90 days after the date of official notice to do so, provided that the public sewer is within 100 feet of the property line.
(Ord. of 1-14-86(1), Art. II, § 4)
Sec. 7-41. Permit to make connection, etc.– Required.
No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent.
(Ord. of 1-14-86(1), Art. IV, § 1)
Sec. 7-42. Same– Classes; application; addenda; fee.
There shall be two classes of building sewer permits: (1) For residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or the owner's agent shall make application on a special form furnished by the county. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the superintendent. A permit and inspection fee of $5.00 for a residential or commercial building sewer permit and a negotiated fee based upon use for an industrial user producing industrial wastes shall be paid to the county at the time the application is filed.
(Ord. of 1-14-86(1), Art. IV, § 2)
Sec. 7-43. Responsibility for costs and expenses; indemnification of county.
(a) All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner.
(b) The owner shall indemnify the county from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(Ord. of 1-14-86(1), Art. IV, § 3)
Sec. 7-44. Separate building sewer for each building.
A separate and independent building sewer shall be provided for every building; except that where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
(Ord. of 1-14-86(1), Art. IV, § 4)
Sec. 7-45. Use of old building sewers.
Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this article.
(Ord. of 1-14-86(1), Art. IV, § 5)
Sec. 7-46. Building sewer installation specifications.
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing the pipe, jointing, testing, the backfilling of the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the county. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and Water Pollution Control Federation Manual of Practice No. 9 shall apply.
(Ord. of 1-14-86(1), Art. IV, § 6)
Sec. 7-47. Building sewer elevation; sewage lift.
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(Ord. of 1-14-86(1), Art. IV, § 7)
Sec. 7-48. Connection of roof downspout, etc.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(Ord. of 1-14-86(1), Art. IV, § 8)
Sec. 7-49. Connection specifications.
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the county, or in amplification of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation.
(Ord. of 1-14-86(1), Art. IV, § 9)
Sec. 7-50. Notice of readiness for inspection and connection; supervision.
The applicant of the building sewer permit shall notify the superintendent when the building owner is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent.
(Ord. of 1-14-86(1), Art. IV, § 10)
Sec. 7-51. Guarding excavations; permission to cut surface; restoration.
(a) All excavations for building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard.
(b) Prior to excavation, blockage, disruption, or any disturbance of any public street, road, highway, byway, sidewalk or other public right-of-way, notification must be made to and approval obtained from the board of commissioners at least 72 hours in advance of such excavation, blockage, disruption or disturbance.
(c) Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the county.
(Ord. of 1-14-86(1), Art. IV, § 11)
Secs. 7-52– 7-59. Reserved.
DIVISION 4. Sec. 7-60. Discharge of unpolluted waters prohibited.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
(Ord. of 1-14-86(1), Art. V, § 1)
Sec. 7-61. Approved discharge of unpolluted waters.
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet.
IN GENERAL
SEWERS*
GENERALLY
PRIVATE SEWAGE DISPOSAL
BUILDING SEWERS AND CONNECTIONS
USE OF PUBLIC SEWER
| Substances | Monthly (mg/l) | Daily (mg/l) |
| Ammonia (NH3) | 45 | 60 |
| Antimony | 4 | 8 |
| Arsenic | 4 | 8 |
| Barium | 10 | 20 |
| Cyanide | 0.2 | 0.5 |
| Manganese | 4 | 8 |
| Phenolic compounds | 5 | 10 |
| Phosphorus | 20 | 40 |
| Selenium | 3 | 6 |
| Metals | Monthly (mg/l) | Daily (mg/l) |
| Cadmium | 1 | 1.5 |
| Chromium (hexavalent) | 1 | 2 |
| Chromium | 3 | 6 |
| Cobalt | 2 | 5 |
| Copper | 2 | 5 |
| Lead | 0.3 | 0.5 |
| Magnesium | 4.0 | 8.0 |
| Mercury | 0.3 | 0.5 |
| Nickel | 2 | 4 |
| Silver | 2 | 4 |
| Zinc | 2 | 4 |
| Total of above metals | 6.5 | 13 |
(6) Any wastes containing noxious or maladorous gases or substances, capable of creating a public nuisance or hazard to life or preventing entry into sewers for their maintenance, inspection, and repair, including but not limited to hydrogen sulfide, sulfur dioxide and nitrous oxide in excess of 1.0 mg/l.
(7) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with state or federal regulations.
(8) Any waters or wastes having a pH of or in excess of 9.5.
(9) Materials which exert or cause:
a. Unusual concentrations of inert suspended solids (such as, but not limited to fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b. Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. Unusual BOD, chemical oxygen demand, or chlorine requirements, in such quantities as to constitute a significant load on the sewage treatment works.
d. Unusual volume of flow or concentration of wastes constituting "slugs" as defined herein.
(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
(11) Waters or wastes having a five-day BOD in excess of 400 parts per million by weight on a 24-hour composite basis, or for any sample period having a five-day BOD in excess of three times the average influent value for the affected sewage treatment plant during the previous calendar year.
(12) Water or wastes having a suspended solids content in excess of 300 parts per million by weight on a 24-hour composite basis or having a suspended solids content for any sample period greater than three times the average influent value for the affected sewage treatment plant during the previous calendar year.
(13) Upon the promulgation of the federal categorical pretreatment standards for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed pursuant to this article for sources in that subcategory, shall immediately supersede the limitations locally imposed. The superintendent shall notify all affected users of the new standard and applicable reporting requirements.
(Ord. of 1-14-86(1), Art. V, § 4)
Sec. 7-64. Options open to superintendent as to deleterious discharges.
(a) If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 7-63, and which in the judgment of the superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:
(1) Reject the waste;
(2) Require pretreatment to an acceptable condition for discharge into the public sewers;
(3) Require control over the quantities and rates of discharge; and/or
(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 7-68.
(b) If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent, and subject to the requirements of all applicable codes, ordinances, and laws.
(Ord. of 1-14-86(1), Art. V, § 5)
Sec. 7-65. Grease, oil and sand interceptors.
Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.
(Ord. of 1-14-86(1), Art. V, § 6)
Sec. 7-66. Providing pretreatment and flow-equalizing facilities.
Where preliminary treatment or flow-equalizing facilities are required, they shall be provided and effectively operated by the owner at such owner's expense.
(Ord. of 1-14-86(1), Art. V, § 7)
Sec. 7-67. Providing control manholes, meters and facilities for testing.
When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at such owner's expense, and shall be maintained by such owner so as to be safe and accessible at all times.
(Ord. of 1-14-86(1), Art. V, § 8)
Sec. 7-68. Tests and analyses.
All measurements tests and analyses of the characteristics of water and waste to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manholes provided or upon suitable samples taken at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (The particular analyses involved will determine whether a 24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas, pH is determined from periodic grab samples.
(Ord. of 1-14-86(1), Art. V, § 10)
Sec. 7-69. Removal, transportation and disposition of scavenger wastes.
(a) The superintendent may require a formal permit for the discharge of scavenger wastes after submission of an application on forms supplied by the superintendent. Scavenger wastes shall mean putrid or offensive matter, the contents of all privies, septic tanks and cesspools. All other materials and substances, chemicals or chemical compounds and/or industrial wastes will not be permitted to be discharged into the public sewer system except as heretofore provided.
(b) The discharge of the wastes in subsection (a) above shall be made only at a location in the sewage treatment plant as shall be designated by the superintendent.
(c) Scavenger wastes will be admitted into the sewer system only by permit and subject to payment of a fee of $7.50 per 500 gallons or portion thereof.
(d) The applicant shall be the owner of the vehicle discharging the wastes.
(e) Prior to discharging any scavenger wastes, the applicant shall file a statement identifying the exact location of the waste source or sources of each load discharged. Any false, misleading or untruthful statement as to the nature or source of the material shall be cause for rejection of any further discharge from the applicant. Discharges may also be suspended or terminated at any time by the superintendent for wilful, continued or persistent violations of these rules and regulations.
(f) All equipment, such as trucks, tanks, pumps, and hoses used in the collection and/or transportation of scavenger wastes shall be modern equipment in good repair. When more than one vehicle is used by an applicant, each vehicle shall bear an identifying number.
(g) All applicants for a permit shall furnish the following information with each application:
(1) Name and address of applicant;
(2) Volume of scavenger waste for each number vehicle; and
(3) Number of scavenger vehicles in collection service.
(Ord. of 1-14-86(1), Art. V, § 9)
Sec. 7-70. Special agreements.
No statement contained in this division shall be construed as preventing any special agreement or arrangement between the county and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the county for treatment subject to payment therefor, by the industrial concern. However, such special agreement or arrangement shall not violate a national pretreatment standard unless any variance from national pretreatment standards which may be included in any special agreement or arrangement has been obtained under the pretreatment regulations, 40 CFR 403.7.
(Ord. of 1-14-86(1), Art. V, § 11)
Sec. 7-71. Protection of system from damage.
No unauthorized person shall maliciously, wilfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(Ord. of 1-14-86(1), Art. VI, § 1)
DIVISION 5. Sec. 7-72. Septic tank permit procedure.
The following is the procedure to follow when issuing an on-site sewage management system installation permit (hereafter called septic tank permit):
(1) Property owner, mobile home owner or business owner (applicant) shall first apply to the zoning office.
(2) The applicant may then apply to the health department's environmental health section for a septic for a septic tank permit. Inspection fees are paid at the time of application and the site review is made. After a copy of the approved zoning permit, floor plan, and soil report (if applicable) is received, a septic tank permit is either approved or disapproved.
(3) The septic tank permit (signed as approved or disapproved) with the zoning permit is then forwarded to the county building inspection officer where the required fee is paid and the building permit is either approved or disapproved after necessary review is made.
(4) When connection of any residence (site built or manufactured) is proposed to an existing septic tank system, subsections (1), (2) and (3) must be met. The environmental health section, after its evaluation, shall provide written notice indicating whether or not permission has been granted for continued use of the existing septic tank system to the building inspection office. This requirement shall also apply if a bedroom is added to a residence.
(5) When connection of any commercial or industrial facility whether new, expanded or replacement is proposed to any existing septic tank system, subsections (1), (2) and (3) must be met. The environmental health section, after its evaluation, shall provide written notice indicating permission given for continued use of the existing septic tank system to the building inspection office. A copy of the floor plan shall be required to accompany the zoning permit when submitted to the environmental health section.
(6) When the building inspector's office becomes aware of any land disturbing activity (e.g. cutting and filling) the individual applying for a soil erosion/sedimentation control permit shall be advised to contact the environmental health office to apply for a septic tank permit. On-site sewage management systems rules and regulations require that facilities requiring a septic tank system obtain a permit before doing any land disturbing.
(7) If any of the three offices (zoning, environmental health, building) is requested by an owner/applicant to make a change in the use of the existing or proposed structure a new application process must commence.
(Mo. of 12-10-96; Ord. of 1-9-07)
Secs. 7-73– 7-79. Reserved.
ARTICLE III. ------------
Editor's note: Section XIV of an ordinance adopted June 13, 1989, repealed a May 7, 1968, ordinance included in Code 1979 as §§ 4-1-1– 4-1-5, and included in this Code as §§ 7-80– 7-84. Sections I– XIII have been included as §§ 7-80– 7-92.
Cross references: Dalton/Whitfield Solid Waste Management Authority, § 2-95 et seq.; refuse collection in mobile home parks, § 9-34.
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DIVISION 1. ------------
Note: See the editor's note to div. 2, § 7-100 et seq.
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Sec. 7-80. Generally.
It is the intention of the board of commissioners in enacting this article to provide for uniform collection and disposal of solid waste in the county, to provide for the uniform prohibition throughout the unincorporated area of the county of any and all littering on public or private property, and to curb thereby the desecration of the beauty of the county which is harmful to the health, welfare and safety of its citizens.
This article governs the use of the Dalton/Whitfield Solid Waste Management facilities, including but not limited to permit procedures, use of permits, insurance requirements, transportation rules, credit policies, and waste acceptance. As of the effective date of this article (March 12, 1991), all haulers disposing of waste at the Dalton/Whitfield Solid Waste Management facilities who are under contract with the Dalton/Whitfield Solid Waste Management Department and have fulfilled all the permit procedure requirements, will be permitted to discharge their waste with the Dalton/Whitfield Solid Waste Management facilities.
(Ord. of 6-13-89, § I; Ord. of 3-12-91)
Sec. 7-81. Purpose.
The purpose of this article is as follows:
(1) To provide environmentally sound, cost-efficient refuse disposal in accordance with the environmental protection division (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.).
(2) To provide for safe operation at the facilities of the Dalton/Whitfield Solid Waste Management Department.
(3) To secure data for disposal planning for Whitfield County and the City of Dalton as part of a solid waste management plan.
(4) To minimize the liability of the waste generator and the Dalton/Whitfield Solid Waste Management Department.
(5) To protect human health and the environment.
(6) To provide for the uniform prohibition throughout the county of any and all littering on public or private property.
(7) To provide for the uniform handling of scrap tires in the county and to prevent the illegal dumping of scrap tires in accordance with state rules and regulations.
(Ord. of 6-13-89, § II; Ord. of 3-21-91; Ord. of 9-13-94, § 1)
Sec. 7-82. Definitions.
For the purpose of this article, the terms have the indicated meanings:
Baling means a volume-reduction technique whereby solid waste is compressed into bales for final disposal.
Biomedical waste means all waste defined as biomedical waste by the environmental protection division rules and regulations (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.).
Bulky waste means such items as large household appliances (i.e., washing machines, clothes dryers, water heaters, stoves, refrigerators and dishwashers), furniture, tree stumps, large timber, car bodies, large bundles of carpet waste, large packing containers, and other items whose volumes are not significantly reduced through normal compaction methods.
Collector means a person who, under agreements, verbal or written, with or without compensation, does the work of collecting and/or transporting solid wastes from industries, offices, retail outlets, businesses, industries, and/or similar locations, or from residential dwellings. However, this definition does not include an individual collecting and/or transporting waste from his own single-family dwelling unit.
Composting means the controlled biological decomposition of organic solid waste.
Construction and demolition waste means all waste defined as construction and demolition waste by the environmental protection division rules and regulations (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.)
Disposal facility means any facility or location where any treatment, utilization, processing or deposition of solid waste occurs.
Disposal operation means the performance of solid waste disposal, which includes administration, personnel, land, equipment, design and other elements necessary or used in the work of solid waste disposal.
Disposal site means the location where the final deposition of solid waste occurs.
Hazardous waste means all waste defined as hazardous waste by the environmental protection division rules and regulations (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.)
Incinerator means all devices intended or used for the reduction or destruction of solid, liquid or gaseous waste by burning.
Industrial waste means all waste defined as industrial waste by the environmental protection division rules and regulations (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.)
Litter means all sand, gravel, slag, brickbats, rubbish waste material, tin cans, refuse, garbage, trash, debris, scrap tires, dead animals or discarded materials of every kind and description.
Manifest means a form or document used for identifying the quantity and composition and the origin, routing, and destination of scrap tires during transportation from the point of generation, through any intermediate points, to an end user, processor, or disposer approved by the Georgia Environmental Protection Division.
Nuisance means anything which meets that definition of the term as defined in O.C.G.A. § 41-1-1 and which occurs during or as the result of the handling or disposing of solid waste.
Pathologic waste means all waste defined as pathologic waste by the environmental protection division rules and regulations (Solid Waste Management Act, 3 O.C.G.A. § 12-8-20 et seq.). It also includes wastes such as human tissues, organs, and body parts and fluids that are removed during surgery or autopsy, or other medical procedures and specimens of body fluids and their containers.
Person means the county or any agency or institution thereof, any municipality, political subdivision, public or private corporation, special district empowered to engage in solid waste management activities, individual, partnership, association or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, special district empowered in solid waste activities, or public or private corporation.
Processed tires are all those tires used on motor vehicles which have been chipped or sliced. "Sliced" tires are tires which have been cut in half around the circumference of the tire. "Chipped" tires are tires which have been cut or ground into pieces smaller than sliced tires.
Processing operation means any method, system or other treatment designed to change the physical form or chemical content of solid waste and includes all aspects of its management (administration, personnel, land, equipment, buildings and other elements).
Public or private property means the right-of-way of any road or highway; any body of water or watercourse or the shores of beaches thereof; any park, playground, building, refuge or conservation or recreation area; and any residential or farm properties, timberlands, or forest.
Putrescible waste means wastes that are capable of being quickly decomposed by microorganisms. Examples of putrescible wastes include but are not necessarily limited to kitchen wastes, animal manure, offal, hatchery and poultry processing plant wastes, and garbage.
Reclamation means a controlled method of sorting and storing solid waste for future use in accordance with a procedure approved by the environmental protection division rules and regulations (Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.).
Recycling means the process by which reclaimed resources are transformed into new products in such a manner that the original products may lose their identity.
Restricted waste, excluding residential waste, means any solid, liquid, or sludge: (1) contained in a drum, barrel, box, pail, transportable tank, or any other container; (2) transported in a bulk tank; (3) residue or waste from a pollution control process; (4) residue or waste from an industrial process; and (5) residue, debris, and waste from the cleanup of a spill or a release of a chemical substance or commercial product or waste associated with items (1) through (4) as above mentioned. Other wastes of a restricted nature may include, but are not limited to (at the discretion of the Dalton/Whitfield Solid Waste Management Department), asbestos, ash, chemicals, debris, grease and oil, latex, containers, clothing, equipment and instruments, animal wastes and carcasses, plant (vegetal) materials, washwaters, sludges, and biomedical or other wastes. Sources of such material include but are not limited to research, veterinary and medical laboratories, mortuaries, taxidermists, automobile washes and laundries (both commercial and industrial), publicly owned treatment works, and industrial treatment facilities, food processing and restaurant related facilities.
Rubbish means waste paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, tin cans, glass, crockery, dunnage, and/or similar materials.
Sanitary landfill means a disposal site where solid wastes are disposed of using sanitary landfilling techniques.
Scavenge means the uncontrolled picking from discarded solid waste materials.
Scrap tires means a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect.
Scrap tire carrier means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, end user, or disposal facility. The following persons exempted from the above definition in accordance with EPD Rule 391-3-4.19(5)(g) as now exists or is hereinafter amended, shall likewise be exempted from said definition for purposes of this division. Such exempted persons as of the date of the enactment of this division are identified as follows:
a. Generators who transport scrap tires only between their own branch office locations;
b. Persons carrying only used tires or retreadable casings;
c. A tire retailer or tire retreader transporting tires to or from a customer's place of operation;
d. A municipal solid waste collector holding a valid solid waste collection permit whose primary business is the collection of municipal solid waste;
e. A private individual transporting the individual's own scrap tires to a processor, permitted disposal facility, or other approved facility;
f. A company transporting the company's own tires to a processor or disposal facility, assuming that the company is not in the tire handling business or generates less than 100 scrap tires per month.
Scrap tire generator means any person who generates scrap tires in the county, including but not limited to retail tire dealers, retreaders, scrap tire processors, automobile dealers, private company vehicle maintenance shops, garages, service stations, and city, county and state governments.
Scrap tire processing means any method, system, or other treatment designed to change the physical form, size or chemical content of scrap tires and includes all aspects of its management (administration, personnel, land, equipment, buildings, and other elements). Processing includes, but is not limited to, shredding, baling, recycling, or sorting of scrap tires.
Scrap tire processor means any person in the county, other than the original scrap tire generator, who handles mixed tires by separating used tires and retreadable casings from scrap tires.
Shredding means the process by which solid waste is cut or torn into small pieces for final disposal.
Solid waste means putrescible and nonputrescible waste except water-carried body waste and materials destined for recycling, and shall include garbage, ashes, street refuse, dead animals, animal manures, industrial waste, residue from incineration, food processing wastes, demolition wastes, dredging waste, construction waste, and any other waste material in a solid or semi-solid state not otherwise defined in this article.
Solid waste handling facility means any location where any storage, collection, transportation, treatment, utilization, processing or disposal of solid waste, or any combination thereof, occurs.
Solid waste handling permit means written authorization granted to a person by the environmental protection division.
Transfer station means a facility used to transfer solid waste from one transportation vehicle to another for transportation to a disposal site or processing operation.
Ultimate consumer means the last person who receives and uses a new replacement tire.
Used tire means a tire which has a minimum of 2/32-inch of road tread and which is still suitable for its original purpose.
Unprocessed tires means all tires used on motor vehicles which are whole or have not been otherwise processed.
(Ord. of 6-13-89, § III; Ord. of 3-12-91; Ord. of 9-13-94, § 2)
Sec. 7-83. Types of permits.
Two types of permits will be issued:
(1) Permits for disposal of county solid waste generated or processed within the county at Dalton/Whitfield solid waste management facilities.
(2) Permits for disposal of the solid waste generated or processed outside of the county at Dalton/Whitfield solid waste management facilities.
(Ord. of 6-13-89, § IV; Ord. of 3-12-91)
Sec. 7-84. Permit procedures.
(a) Who must secure a permit. All haulers of commercial, industrial, institutional or municipal waste using any type of vehicle must secure a permit in order to dispose of waste at the Dalton/Whitfield solid waste management facilities. A hauler of domestic or household waste from his or her residence need not obtain a permit where the transporting vehicle is a sedan, pickup truck or similar vehicle.
(b) Fees for initial permits. Initial permits shall cost $30.00 per vehicle and $10.00 per roll-off box.
(c) Vehicles qualifying for permits. A qualifying vehicle shall have the business name, business address, and/or telephone number, tare weight and vehicle identification number painted or permanently affixed to each side of the vehicle in letters and numbers at least three inches in height. When roll-offs are used, the tare weights of the collection vehicle must appear on the collection vehicle and the tare weight of each box must appear on each roll-off container. A regularly used business logo may also be displayed. No other names or numbers, not required by law, shall be displayed. To qualify, a vehicle must be owned or leased by the applicant.
(d) Application for permit. A person desiring to obtain a permit to deliver solid waste to the Dalton/Whitfield solid waste management facilities must submit a completed application for permit to the Dalton/Whitfield Solid Waste Management Department and containing the following information:
(1) The name, address and telephone number of the owner of the collection vehicle who is applying for the permit.
(2) The listing of all collection vehicles under the permit, which listing shall contain the following information for each vehicle:
a. The state motor vehicle registration number;
b. Description of chassis by year and manufacturer;
c. Description of the body by year and manufacturer;
d. The legal weight limit;
e. The volume of the body of the vehicle in cubic yards; and
f. Evidence of insurance coverage.
(3) A written list of the area or areas served by the vehicles listed in the permit application. The applicant is obligated to notify the Dalton/Whitfield Solid Waste Management Department of additions to the list.
(4) Additional data, information, and certification as deemed necessary by the Dalton/Whitfield Solid Waste Management Department in order to verify the accuracy of information contained in the permit application forms and attendant documents.
(Ord. of 6-13-89, § V; Ord. of 3-12-91; Ord. of 9-13-94, § 3)
Sec. 7-85. Hauler vehicle construction and maintenance.
Solid waste disposal vehicles utilized by haulers of industrial, institutional, commercial or municipal waste must meet the following minimum requirements both prior to and after the issuance of a permit:
(1) The collection vehicle body shall be capable of being readily emptied.
(2) The collection vehicle shall be kept in a sanitary condition.
(3) The collection vehicle must provide for a means of loading only at the top, side or rear, depending upon the design of the enclosed body.
(4) The collection vehicle must be so equipped that all loading openings on the bodies have tightly fitting doors or covers which latch, clamp or fasten to keep them closed and rubber or other suitable gasket to render them leakproof, spillproof, dustproof and odorproof to the maximum extent practicable.
(5) Roll-off boxes must be of welded construction and doors must be tightly fitted so as to render them leakproof and spillproof. Provisions need to be made to facilitate application of tightly fitting tarpaulin covers.
(6) All unloading doors must be equipped with chains to keep them securely fastened in an open position when unloading.
(7) The collection vehicle shall be equipped with heavy-duty front hooks, loops or shackles, good and serviceable tires and other accessories as necessary for operation and/or navigation in or about the Dalton/Whitfield solid waste management facilities.
(8) Each collection vehicle used or proposed for use by an applicant or permittee together with the contents of any collection vehicle shall be subject at all times to inspection by the Dalton/Whitfield Solid Waste Management Department prior to discharge of the contents.
(Ord. of 6-13-89, § VI; Ord. of 3-12-91)
Sec. 7-86. Transporting and discharging waste.
Each permittee shall comply with the following requirements of transporting and/or delivering solid waste:
(1) Solid waste shall be suitably enclosed or covered to prevent littering, spillage of solid waste or fluids, and infiltration of rainwater. Tarpaulins must be used to cover compactor box openings, roll-off tops, or other openings. Tarpaulins must be kept in good repair at all times.
(2) Any spillage of solid waste on the roads leading to the landfill or on the landfill is the responsibility of the hauler and shall be immediately cleaned and removed by the hauler. Any and all costs incurred by the Dalton/Whitfield Solid Waste Management Department on account of any spillage shall be immediately remitted to the Dalton/Whitfield Solid Waste Management Department by the responsible permittee. This provision is in addition to any penalties authorized elsewhere by the state.
(Ord. of 6-13-89, § VII; Ord. of 3-12-91)
Sec. 7-87. Industrial process solid waste municipal sludges.
(a) Any person causing or allowing industrial process solid waste or latex sludge to be delivered to the Dalton/Whitfield solid waste management facilities for disposal shall guarantee that the originator of the waste has submitted a material safety data sheet to the Dalton/Whitfield Solid Waste Management Department and has received approval from both the Dalton/Whitfield Solid Waste Management Department and the Environmental Protection Department. Copies of the waste acceptance policy can be obtained at the Dalton/Whitfield Solid Waste Management Department.
(b) In the event that there are any risks or additional costs involved in accepting any industrial process solid waste, the Dalton/Whitfield Solid Waste Management Department may impose an industrial process solid waste disposal surcharge to compensate the Dalton/Whitfield Solid Waste Management Department for such risks and additional costs including administrative expenses and overhead. The following factors will be considered in determining the amount of such industrial process solid waste surcharge:
(1) Volume of waste for disposal;
(2) Quality of waste (moisture, etc.);
(3) Degree of risk associated with such disposal;
(4) Additional handling, processing and disposal costs;
(5) Additional administrative expense and overhead; and
(6) Additional environmental protection controls including monitoring.
The industrial process solid waste surcharge shall be set by the manager or the engineer, without notice and public hearing thereon, and may vary on a case-by-case basis.
(c) Any person causing or allowing industrial process solid waste or waste from the cleanup of a spill or release of a chemical substance or commercial product to be delivered to a solid waste facility operated on or on the behalf of the Dalton/Whitfield Solid Waste Management Department shall be deemed to have agreed to indemnify and hold harmless the Dalton/Whitfield Solid Waste Management Department for any costs reasonably incurred to protect against or reduce any risk resulting therefrom. However, if such person has not caused or allowed for the delivery of hazardous materials or toxic substances, then such person shall not be liable to the Dalton/Whitfield Solid Waste Management Department under this subsection for harm or damage caused by the recklessness or negligence of the Dalton/Whitfield Solid Waste Management Department or its employees. This regulation also applies to delivery and cleanup of materials from liquid spills.
(Ord. of 6-13-89, § VIII; Ord. of 3-12-91)
Sec. 7-88. Waste acceptance policy and regulations.
(a) In order for the Dalton/Whitfield Solid Waste Management Department to safely and cost effectively manage solid waste generated within the county, all restricted waste proposed for acceptance by the Dalton/Whitfield Solid Waste Management Department is subject to a required decision process of material/substance identification. In outline, the procedure for accepting restricted waste will include the following steps:
(1) All generators, established or new, must inform the Dalton/Whitfield Solid Waste Management Department of the need to dispose of the waste.
(2) The generator must specify in writing the source and materials contained in the waste.
(3) Analytical characterization of the waste may be required at the discretion of the Dalton/Whitfield Solid Waste Management Department. Such analyses will be performed by an independent laboratory, at the expense of the generator.
(4) Additional costs incurred by the Dalton/Whitfield Solid Waste Management Department in the disposal operation of restricted waste will be borne by the generator. These costs will be determined by the Dalton/Whitfield Solid Waste Management Department.
(5) The Dalton/Whitfield Solid Waste Management Department will make all determinations and decisions as to the acceptability of the waste.
(6) The acceptance and handling of all restricted waste will be documented in writing, and such documentation will be maintained for 30 years after closure of the Dalton/Whitfield solid waste management facility. Documentation will include:
a. A waste profile form;
b. An analytical sampling plan and analytical results, as appropriate, including laboratory identification;
c. A signed Dalton/Whitfield Solid Waste Management Department Waste Acceptance Form having acceptance or rejection noted, with the reason indicated; and
d. A disposal contract.
A list of all generators or restricted wastes that have had waste accepted or have otherwise demonstrated waste acceptability to the Dalton/Whitfield Solid Waste Management Department will be maintained by the Dalton/Whitfield Solid Waste Management Department. Any generator proposing to dispose of restricted waste must be listed before the Dalton/Whitfield Solid Waste Management Department personnel will accept such waste.
Policies and procedures for specific restricted waste (such as: asbestos, drums, liquids, dewatered latex waste, electrical distribution equipment and capacitors, petroleum-contaminated soils) are available. Other materials and substances may be added to the specific restricted waste category, and it is the responsibility of the generator to remain apprised of such additions. All generators having contracts with the Dalton/Whitfield Solid Waste Management Department will be notified of such actions.
(b) In all cases priority will be given to domestic waste, industrial waste and commercial waste generated in the county.
(1) Domestic and commercial. Only domestic and commercial solid waste generated within the county, is permitted to be disposed of at the Dalton/Whitfield solid waste management facilities, and the tipping fee for this type of waste will be charged for such use.
(2) Industrial waste. It is the intention of the Dalton/Whitfield Solid Waste Management Department to accept only industrial wastes which have been approved by the environmental protection division and deemed appropriate by the Dalton/Whitfield Solid Waste Management Department. All such wastes will be evaluated as to origin, chemical composition, and quantity.
(3) Hazardous waste. No hazardous waste will be accepted. No person shall deposit or attempt to deposit hazardous waste on the Dalton/Whitfield Solid Waste Management Department property. No material other than commercial, municipal, or industrial waste that has been approved by the environmental protection division and the Dalton/Whitfield Solid Waste Management Department may be deposited at the landfill. [See also division. 2 of this article, section 7-100 et seq.].
(4) Pathologic waste. Pathologic wastes from nonhospital generators will be evaluated and accepted or disallowed on an individual basis. Each such generator will be required to submit an application to the Dalton/Whitfield Solid Waste Management Department for evaluation.
(5) Patient care waste. Patient care waste generated by a person or persons other than that waste generated from single-family residential premises or a single-family dwelling unit and disposed of as residential solid waste will be accepted only if prior notice (at least 24 hours) is given to the Dalton/Whitfield Solid Waste Management Department and a manifest is submitted to the Dalton/Whitfield Solid Waste Management Department at the time the patient care waste is delivered to the landfill. Only patient care waste generated within the county, will be accepted. Patient care waste is that waste generated in the context of patient health care or patient health care like activities and which would be considered likely to be infectious by virtue of it containing pathogens with sufficient virulence and quantity that exposure to the waste by a susceptible host could result in an infectious disease. Patient care waste specifically includes disposable materials if they were in contact with infected wounds or have been contaminated by patients isolated to protect others from the spread of infectious diseases. To the extent patient care waste is a hazardous waste, as described above, it will not be accepted by the Dalton/Whitfield Solid Waste Management Department.
(6) Asbestos. Asbestos must be wetted and bagged in twelve-mil (minimum) thickness polyethylene bags or must be wetted, packed in six-mil polyethylene bags in fiber drums. Only asbestos waste generated in the County may be accepted. All Georgia Environmental Protection Division rules and regulations must be followed with respect to wetting and bagging the materials. Materials must be wet when received at the Dalton/Whitfield solid waste management facilities.
(7) Bulky waste. Bulky waste will be accepted if generated in the county.
(8) Construction and demolition waste. Construction and demolition waste which originates in the county will be accepted if it does not contain any industrial waste components.
(9) Tires. Tires will be accepted only from the county.
(10) Outside-of-county waste. Prior to depositing their loads at the Dalton/Whitfield solid waste management facilities, all haulers must declare loads which consist, in whole or in part, of outside-of-county solid waste; in the event that a load which includes outside-of-the county solid waste is deposited at the Dalton/Whitfield solid waste management facilities, then 200 percent of the tipping fee for the county solid waste shall be applied and charged to the entire load.
(Ord. of 6-13-89, § IX; Ord. of 3-12-91)
Sec. 7-89. Fee schedule.
The following fees are hereby established. The board of commissioners reserve the right to amend any or all fees on 30 days' public notice.
(1) Landfill. Thirty dollars and fifty cents per ton.
(2) Tires:
a. Tires weighing an aggregate of 20 pounds or less, $1.00 per tire for passenger tires (smaller than size 900×20); $2.00 per truck tire (size 900×20 to size 1100×20); and $5.00 per tire for all tires larger than size 1100×20.
b. Tires, whether processed or unprocessed, weighing an aggregate of 21 pounds or more, $70.00 per ton.
(3) Commercial, industrial and institutional fees. All persons shall pay a fee of $30.00 per ton for commercial, industrial and institutional refuse deposited in the Dalton/Whitfield solid waste management facilities. Commercial refuse shall include building materials, business trash and permitted industrial waste and any other material hauled to the Dalton/Whitfield solid waste management facilities for a fee or resulting out of commercial activity. As a condition precedent to the commercial use of a Dalton/Whitfield solid waste management facility, a deposit shall be made with the county in the amount of $500.00 or the user shall be required to pay in advance the amount of the fee at the time of the proposed use. The deposit shall not bear interest and shall be for the purpose of applying such deposit to unpaid and past-due dumping fees. Charges for commercial use of the Dalton/Whitfield Solid Waste Management facilities shall be due within ten days of receipt of a statement from Dalton/Whitfield Solid Waste Management Department.
(4) Residential fees. Residents of the county, other than commercial, industrial and institutional collectors, may use public sites without charge, in accordance with the regulations for the particular site and under the instruction of the site attendant. However, effective January 1, 1992, residential users will be charged the fees specified in this section, at the time of delivery, pursuant to the Solid Waste Management Act (O.C.G.A. § 12-8-20 et seq.).
(Ord. of 6-13-89, § X; Ord. of 3-12-91; Ord. of 8-14-90; Mo. of 1-8-91; Ord. of 5-29-93; Ord. of 9-13-94, § 4)
Sec. 7-90. Facility rules for haulers.
(a) Liability of the Dalton/Whitfield Solid Waste Management Department. All persons proceed onto the Dalton/Whitfield solid waste management facilities at their own risk. The Dalton/Whitfield Solid Waste Management Department shall not be liable for errors or omissions of its contractors, persons using the solid waste facility, or other third persons in or about the solid waste facility.
(b) Reservation of rights by the Dalton/Whitfield Solid Waste Management Department.
(1) Disposal privileges of haulers are limited to municipal, commercial, industrial, and institutional waste. The Dalton/Whitfield Solid Waste Management Department reserves the right to inspect any load coming into a Dalton/Whitfield solid waste management facility. The disposal of any material other than municipal, commercial, industrial, and institutional waste not specifically approved by the Dalton/Whitfield Solid Waste Management Department may result in a permanent revocation of disposal privileges. Liquid waste and hazardous waste are specifically prohibited. Other waste may, in the discretion of the Dalton/Whitfield Solid Waste Management Department, be allowed only if the hauler has submitted an application to the environmental protection division and the Dalton/Whitfield Solid Waste Management Department and has received approval by both agencies for the disposal.
(2) If the Dalton/Whitfield Solid Waste Management Department determines that any material or waste has been deposited which is in violation of any law or the Dalton/Whitfield Solid Waste Management Department's rules and regulations, then the Dalton/Whitfield Solid Waste Management Department may require the hauler and/or the generator to remove such waste or, in the alternative, the Dalton/Whitfield Solid Waste Management Department may remove it and charge the hauler and/or the generator with the expense of removing the unauthorized waste. The hauler and/or the generator will remain responsible for disposal of such waste in an approved facility.
(3) The Dalton/Whitfield Solid Waste Management Department has the right to require the hauler and/or the generator to file a manifest for each load of any type of solid waste deposited at the landfill showing the source of all solid waste and a statement signed by the hauler and/or the generator of the solid waste certifying that the solid waste is municipal or commercial waste and describing the contents and/or origin thereof.
(c) Contracts. In all specifics, haulers and their agents and/or employees must abide by the terms of any and all contracts entered into between the Dalton/Whitfield Solid Waste Management Department and the hauler.
(d) General rules.
(1) Smoking and alcohol consumption is prohibited at the Dalton/Whitfield solid waste management facilities except where expressly permitted.
(2) No person under the age of 18 shall be permitted to enter the facility in any waste collection or disposal vehicle.
(3) Loitering on and about the Dalton/Whitfield solid waste management facilities is prohibited.
(4) It is the duty and responsibility of the hauler and other persons using the Dalton/Whitfield solid waste management facilities to familiarize themselves with and to obey the rules of the Dalton/Whitfield solid waste management facilities, as such rules may be changed or new rules adopted and posted on the premises.
(5) All persons shall conduct themselves and operate their vehicles safely at all times and in all operations at the Dalton/Whitfield solid waste management facilities.
(6) No unauthorized person shall have salvage rights to any material deposited at the Dalton/Whitfield solid waste management facilities.
(7) In order to prevent litter in and about the Dalton/Whitfield solid waste management facilities, all loads of solid waste and roll-off boxes shall be covered with tarpaulins. The transporting of waste in hoppers of rear-loading vehicles or on or about any vehicle except for the space designed to hold a solid waste is prohibited.
(Ord. of 6-13-89, § XI; Ord. of 3-12-91)
Sec. 7-91. Operational rules and regulations.
(a) A violation of improper and unpermitted dumping shall result in the following:
(1) A warning of permit suspension for the first violation;
(2) One weeks' suspension of permit and dumping privileges for the second violation;
(3) Three weeks' suspension of permit and dumping privileges for the third and all subsequent offenses;
(4) The Dalton/Whitfield Solid Waste Management Department may, at its option, indefinitely suspend the dumping privileges for the fourth and all subsequent violations.
(b) Violations of any rule, regulation and/or requirement contained herein, inclusive, the penalty for which has not been heretofore specifically set forth shall result in the following:
(1) A warning of permit suspension for the first violation;
(2) Two days' suspension of permit and dumping privileges for the second violation;
(3) One week's suspension of permit and dumping privileges for the third and all subsequent violations.
(Ord. of 6-13-89, § XII; Ord. of 3-12-91)
Sec. 7-92. Credit policies.
At the discretion of the Dalton/Whitfield Solid Waste Management Department Manager, a bond in the amount of one month's worth of business or a letter of credit for that amount may be required. The bond or letter of credit shall be adjustable as quantities of the waste disposed to landfill by the hauler change.
(Ord. of 6-13-89, § XIII; Ord. of 3-12-91)
Sec. 7-93. Generators of scrap tires.
(a) Scrap tire generator identification number. All scrap tire generators in the county shall obtain a scrap tire generator identification number from the Georgia Department of Environmental Protection Division in accordance with EPD Rule 391-3-4-.19(4).
(b) Transportation manifest. All scrap tire generators shall initiate a manifest to transport scrap tires from the point of generation to an end user or an approved scrap tire processing or disposal facility, in accordance with EPD Rule 391-3-4-.19(4).
(c) Assurance of permitted carrier. All scrap tire generators shall assure that any person collecting and transporting their scrap tires holds a valid scrap tire carrier permit required under EPD Rule 391-3-4-.19(5), unless such person is exempted from carrying a permit under the rule.
(d) Approved facilities. All scrap tire generators assure that tires designated for processing or disposal are transported to a facility approved by the environmental protection division.
(e) Records. All scrap tire generators must keep accurate records of the information used for manifests, including the total tonnage of scrap tires transported, names and permit numbers of carriers, dates of transport, and destinations of scrap tires.
(f) Storage limits. In accordance with EPD Rule 391-3-4-.19(6), no generator may store more than 100 scrap tires anywhere in the country, except as follows:
(1) A tire retailer with not more than 1,500 scrap tires in storage, if such retailer complies with EPD Rule 391-3-40.19(3), which requires a tire management fee on each tire sold;
(2) A tire retreader with not more than 1,500 scrap tires in storage so long as the scrap tires are of the types the retreader is actively retreading; or
(3) An auto salvage yard with not more than 500 scrap tires in storage.
(Ord. of 9-13-94, § 5)
Sec. 7-94. Transportation of scrap tires.
(a) Scrap tire carrier permit. Except as exempted in EPD Rule 391-3-4-.19(5)(g) and the definitions of this article, any person collecting or transporting scrap tires shall have a scrap tire carrier permit issued by the state environmental protection division. All permits shall be obtained in accordance with EPD rules and regulations.
(b) Delivery to Dalton/Whitfield County solid waste management facilities. All persons desiring to deliver scrap tires to Dalton/Whitfield solid waste management facilities shall provide proof of a scrap tire carrier permit issued under chapter 391-3-4-.19(5) of the rules of the state department of natural resources environmental protection division, unless otherwise exempted by such rule.
(c) Approved facilities. All scrap tire carriers shall assure that tires designated for processing or disposal are transported to a facility approved by the environmental protection division.
(d) Validation of manifest at Dalton/Whitfield County facilities. For all loads of scrap tires delivered to Dalton/Whitfield County solid waste management facilities, carriers must validate that loads have been properly manifested as required by EPD Rule 391-3-4-.19(4), unless otherwise exempted by such rule.
(e) Return of manifest. All scrap tire carriers must return a completed copy of the manifest to the scrap tire generator within 30 days from the date on which the carrier took possession of the scrap tires, in accordance with EPD Rule 391-3-4-.19(5)(f).
(Ord. of 9-13-94, § 6)
Sec. 7-95. Processing of scrap tires.
(a) Processing facility approval. All facilities engaged in the processing or sorting of scrap tires shall obtain a facility identification number from the Georgia Department of Environmental Protection and follow the facility criteria required in EPD Rule 391-3-4-.19(7).
(b) Storage limits. In accordance with EPD Rule 391-3-4-.19(6), no processor may store more than 100 scrap tires anywhere in the county, except as follows:
(1) A solid waste disposal site permitted by EPD if the permit authorizes storage of scrap tires prior to their disposal; or
(2) A scrap tire processor approved by EPD so long as the number of scrap tires in storage do not exceed the quantity approved by the division.
(c) Scrap tire recycling. In accordance with EPD Rule 391-3-4-.19(7)(a)(5), processing facilities must demonstrate that 75 percent (by weight or volume) of any scrap and processed tires accumulated during a given calendar quarter must be processed and removed from the facility for disposal or recycling during the quarter or disposed in a permitted solid waste handling facility.
(Ord. of 9-13-94, § 7)
Sec. 7-96. Illegal dumping of tires.
The handling of scrap tires by generators, carriers, processors, consumers, and all other persons in the county shall be subject to the illegal dumping and litter control requirements of section 7-96 of this Code of Ordinances.
(Ord. of 9-13-94, § 8)
Sec. 7-97. Enforcement.
Violators of this diviison shall be subject to the provisions of section 7-91 of the county Code of Ordinances, and the enforcement of this division is in accordance with the Georgia Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; the Executive Reorganization Act of 1972, O.C.G.A. § 12-2-1 et seq.; and the Georgia Administrative Procedures Act, O.C.G.A. § 50-13-1 et seq.
(Ord. of 9-13-94, § 9)
Sec. 7-98. Regulation of litter.
It shall be unlawful for any person or persons to dump, deposit, throw, or leave or cause or permit these activities on any public or private property in the county, unless:
(1) Such property is designated by the county for disposal of litter;
(2) Such litter is placed into a litter receptacle or container installed on such property;
(3) Such person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession or the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare and not in violation of any other law, rule, or regulation.
(Ord. of 9-13-94, § 10)
Sec. 7-99. Punishment.
Any person who violates section 7-99 of this chapter shall be issued a citation by those authorized under section 7-102 herein. Jurisdiction over such matters shall be through magistrate court and, upon conviction, shall be punished as follows:
(1) By a fine of not less than $100.00 and not more than $1,000.00.
(2) In the sound discretion of the court, the violator may be directed to pick up and remove litter from any public street, highway, or right-of-way for a distance not to exceed one mile.
(3) In addition to the fines set out herein, the court may direct the violator to reimburse the county for the reasonable cost of removing the litter or repairing the property damaged by such littering.
(4) In circumstances deemed appropriate by the court, violators may be subject to the Georgia Criminal Code (O.C.G.A. § 16-7-42 et seq.).
(Ord. of 9-13-94, § 11)
Sec. 7-100. Prima facie evidence.
(a) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this chapter, it shall be prima facie evidence that the operator of said conveyance has violated this chapter.
(b) Whenever litter is dumped, deposited, thrown or left on public or private property in violation of this chapter is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person hereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this part.
(Ord. of 9-13-94, § 12)
Sec. 7-101. Storage of waste tires.
In accordance with Chapter 391-3-4-.19(4) of the Rules of the Georgia Department of Natural Resources Environmental Protection Division, no person may store more than 100 scrap tires anywhere in Whitfield County, unless otherwise exempted by Chapter 391-3-4-.19(6)(b).
(Ord. of 9-13-94, § 13)
Sec. 7-102. Enforcement.
The enforcement of this division shall be within the jurisdiction of the county's enforcement personnel, including the manager of the solid waste department or his or her designees or employees and all county and state enforcement personnel who shall have such powers as are reasonable necessary to enforce and give effect to this division.
(Ord. of 9-13-94, § 14)
Secs. 7-103– 7-109. Reserved.
DIVISION 2. ------------
Editor's note: An ordinance adopted July 12, 1991, specifically stated that the provisions complemented rather than superseded the provisions of ch. 7, art. III. The editor has, therefore, included the provisions as div. 2, §§ 7-110– 7-114, with the existing provisions of the article, §§ 7-80– 7-92, being designated div. 1.
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Sec. 7-110. Permit required.
There shall be no disposal of any hazardous waste as in the county without first receiving a permit from the Dalton/Whitfield Solid Waste Management Department. The terms and conditions of this permit shall be determined as provided in this article.
(Ord. of 7-12-91)
Sec. 7-111. Definition.
For the purposes of this division, hazardous waste is defined as all waste defined as hazardous waste by the rules and regulations of the Environmental Protection Division of the Department of Natural Resources for the State of Georgia, and is also all waste defined as "hazardous constituent" in the Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq., reference to which is herein made, and also means any substance which has been defined as hazardous waste in regulations promulgated by the Administrator of the United States Environmental Protection Agency pursuant to the federal act which is in force and effect on February 1, 1988, codified in 40 CFR § 261.3, reference to which is herein made.
(Ord. of 7-12-91)
Sec. 7-112. Requirements for issuance of permit.
No permit shall be issued by the Dalton/Whitfield Solid Waste Management Department or the county unless and until each of the following shall occur:
(1) A land use and zoning designation study shall be adopted which shall designate specific purposes for each land or land type in the county.
(2) A study shall be performed by the Dalton/Whitfield Solid Waste Management Department on issuing permits for disposal of hazardous waste materials in the county, including regulation of such disposal and use.
(3) A proposal to the Whitfield County Board of Commissioners from the Dalton/Whitfield Solid Waste Management Department on regulations concerning the issuance of permits and the regulation of hazardous waste disposal in the county.
(4) The passage by the board of commissioners of an amended ordinance adopting regulations concerning the issuance of county permits and the regulation of hazardous waste disposal in the county.
(5) That all applicable state and federal laws, rules and regulations have been complied with by the ordinance referred to in (4) above.
ON-SITE SEWAGE MANAGEMENT SYSTEM
CITY-COUNTY SOLID WASTE PERMITS AND DISPOSAL REGULATIONS*
GENERALLY*
REGULATION OF DISPOSAL OF HAZARDOUS WASTE*