§ 96.04. ACTS PROHIBITED.

(A) Violation of any of the following provisions shall constitute a Class “A” violation of this chapter:

(1) No person shall discard any infectious or hazardous waste materials within Cass County.

(2) No person who owns real property in Cass County shall cause or consent to the disposal, open dumping, or discarding, upon that property, of any solid waste, infectious waste, or hazardous waste generated at any location not owned by that person, or generated by any other person.

(3) No person shall interfere with the enforcement of this chapter.

(B) Violation of any of the following provisions shall constitute a Class “B” violation of the chapter:

(1) No person shall discard any solid waste on the property of another person except in an approved and (if required) permitted disposal facility, transfer site, recycling facility or transfer station.

(2) No person shall commit any act specifically prohibited under I.C. 13-20-2-1. From I.C. 13-20-2-1: [“3) no person shall deposit any contaminants upon the land in such place and manner which creates, or which would create, a pollution hazard that violates or would violate a rule adopted by 1 of the boards, or deposit or cause or allow the deposit of any contaminants or solid waste upon the land except through the use of sanitary landfills, incineration, composting garbage grinding or another method acceptable to the solid waste management board. 4) Dump, cause, or allow the open dumping of garbage or of any other solid waste in violation of rules adopted by the solid waste management board. 5) Dispose of solid waste in, upon or within the limits of or adjacent to any public highway, state park, nature preserve or recreation area, or in or immediately adjacent to any lake or stream, except in proper containers provided for sanitary storage of such solid waste, or except as a part of a sanitary landfill operation or other land disposal method approved by the department.”]

(3) No person shall discard any solid waste within or adjacent to county property, along roadways or highways, or within or adjacent to lakes and streams, and elsewhere in Cass County except in an approved and permitted disposal facility, transfer site, or transfer station.

(4) No person shall discard any materials other than recyclables in any facility or containers intended for collecting recyclables.

(5) No person shall accumulate infectious or hazardous wastes, solid waste or construction/demolition waste.

(C) Violation of any of the following provisions shall constitute a Class “C” violation of this chapter:

(1) No person shall discard any inert solid wastes for final disposal or for use as fill materials without the express consent of the property owner.

(2) No person shall litter, nor permit any dependent minor or other person for whom that person is legally responsible, to litter within Cass County, or cause another person to litter.

(3) No person shall deposit any contaminated recyclable materials in any facility or container intended for collecting recyclable materials.

(4) No person shall conduct salvaging of materials at any facility or container intended for collecting recyclable materials without the prior written permission of the facility operator.

(5) No person shall conduct scavenging of materials at any facility or container intended for collecting recyclable materials.

(6) No person shall open dump any solid waste on his or her own property, with the exception of materials defined as inert solid waste within this chapter.

(D) No person shall contract, or otherwise arrange for a fee, with a third party to engage in any act prohibited hereby. A violation of this provision of this chapter shall be an offense of the same class as the violation committed by the third party.

(E) Failure or refusal to bring property into compliance with this chapter after adjudication of a violation shall constitute a Class “A” violation of this chapter. Each day the noncompliance continues shall constitute a separate violation of this chapter.

(F) It shall not be a defense to an allegation or finding of violation of this chapter that other persons have participated in the violation, and any person adjudicated to have violated this chapter may be held liable for all costs related to investigation, enforcement or action to achieve compliance with this chapter.

(1993 Code, § 6-113) (Ord. 95-08, passed 9-5-1995) Penalty, see § 96.99