§ 94-76. Requirements for disposal and removal of construction and demolition debris and landclearing debris; limited exemption for on-site disposal; limited exemption for on-site incineration.

(a)

Disposal. Except as specifically exempt in subsections (c) and (d) of this section, all construction and demolition debris and all landclearing debris generated within the county shall be disposed of at the county's solid waste management facilities or at a solid waste management facility where all applicable federal, state and local government permits for such activity have been acquired.

(b)

Removal. The actual generators of construction and demolition debris or landclearing debris and the owners of premises upon which such debris is generated or accumulated, jointly and severally, shall be responsible for the proper removal and disposal of the accumulations. The actual generators of construction and demolition debris or landsclearing debris and the owners of premises upon which such debris is generated shall:

(1)

Have the debris removed by an authorized collector and for such service shall pay the collector the fees and charges as limited by the rate resolution adopted by the board of county commissioners in accordance with subsection 94-233(2). Except that construction and demolition debris generated on residential improved properties from a homeowner's do-it-yourself project, that can be placed in a solid waste receptacle.

(2)

Have the debris removed by a person permitted by the board to provide roll-off container service for the storage, collection and removal of construction and demolition debris and landclearing debris; or

(3)

Collect and dispose of such debris themselves at the county's solid waste management facilities or a solid waste management facility where all applicable federal, state and local government permits for such activity have been acquired for the disposal of such waste. However, any person transporting construction and demolition debris on or over a public right-of-way shall use a vehicle that is constructed or loaded so as to prevent such debris from dropping, sifting, leaking, blowing, falling or otherwise being disbursed or discharged or escaping from such vehicles.

(c)

Limited exemption for on-site disposal. The actual generators of construction and demolition debris, landclearing debris, or yard waste or the owners of premises upon which such debris is generated, may dispose of the debris on-site or on property which is adjacent or contiguous to, and under common ownership and control with the property where the debris is generated. On-site disposal of such debris shall be accomplished only where the expressed permission of the owner of the property is given and all applicable federal, state and local government permits for such activity have been acquired. This exemption shall not apply to construction and demolition debris or landclearing debris which has been mixed with other types of solid waste.

(d)

Limited exemption for on-site incineration of landclearing debris. The actual generators of landclearing debris, or the owners of premises upon which such debris is generated, may incinerate the debris on-site or on property which is adjacent or contiguous to, and under common ownership and control with the property where the debris is generated. On-site incineration of such debris shall be accomplished only where the expressed permission of the owner of the property is given and all applicable federal, state and local government permits for such activity have been acquired. This exemption shall not apply to landclearing debris which has been mixed with any other types of solid waste.

(Code 1979, § 12-11; Ord. No. 97-25, § 1, 7-22-97; Ord. No. 2002-57, § 4, 11-12-02; Ord. No. 08-42, § 10, 10-14-08; Ord. No. 14-03, § 9, 1-28-14)