§ 70-84. Scope of division.

(a)

General. The provisions of this division apply to all persons presently engaged in solid waste handling in unincorporated Fulton County and all hauling contractors doing business or proposing to do business in unincorporated Fulton County.

(1)

This division shall apply to unincorporated Fulton County only.

(2)

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

(3)

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, EPD, chapter 391-3-4-04.

(4)

No owner or occupant shall allow the accumulation of solid waste on premises under his or her control or about his or her residential unit or commercial establishment, where such solid waste creates or may create a health hazard to neighbors or other citizens, or is unsightly, or emits foul, unpleasant or harmful odors which constitute either a public or private nuisance.

(5)

It shall be a violation of this division for any person to place or cause to be placed for collection, any acid, explosive material, inflammable liquids or dangerous or corrosive material of any kind.

(6)

It shall be a violation of this division to dispose of any solid waste by illegal dumping on public rights-of-way, public parks or any public facilities in unincorporated Fulton County.

(7)

It shall be a violation of this division to place yard trimmings in or mixed with solid waste.

(8)

It shall be a violation of this division to place yard trimmings in plastics bags for collection.

(9)

Neither operation nor application of this division shall be waived, abridged or otherwise limited in scope or effect by any contract between hauling contractors, customers or any other person falling within the jurisdiction of this division; nor shall this division grant, bestow or otherwise guarantee any rights not contained in any such contract, nor expose Fulton County to any liability whatsoever.

(b)

Persons. All persons shall engage in solid waste handling in unincorporated Fulton County in the manner proscribed in this division.

(1)

Solid waste handling within unincorporated Fulton County shall be conducted only by hauling contractors duly registered with the Fulton County Department of Public Works, unless otherwise exempt by section 70-85.

(2)

Failure by a resident to provide evidence (receipts, contracts, canceled checks or other proof of payment) of proper disposal upon request by Fulton County officials shall be a violation of this division, punishable as set forth in section 70-89.

(c)

Hauling contractors. No person shall collect and/or dispose of solid waste for a fee in unincorporated Fulton County without first obtaining all required permits and registering with the Fulton County Department of Public Works.

(Ord. No. 96-1223, art. V, 12-4-96)