§ 82-252. Commercial waste transportation.
This section of the article provides regulations for the transporting of commercial waste in the county. Any transporter found in violation of any section of this article shall be subject to a penalty not to exceed $2,500.00 per violation.
(1)
General requirements for transporters.
a.
No person shall vacuum or pump grease traps, sand traps, oil water separators or grit traps for the purpose of transporting commercial waste to a disposal site without a valid commercial waste hauler permit by a local governing authority in the state.
b.
Transporters of liquid waste shall use only those disposal sites meeting the state, federal or county licensing and permit requirements to receive such waste.
c.
A transporter shall not commingle hazardous waste with liquid waste or chemical toilet waste, or commingle grease waste with septic waste.
d.
A transporter must remove the entire contents of any tank or pretreatment system that is serviced.
e.
A transporter shall not dispose of liquid waste or chemical toilet waste into grease traps, grit traps, sand traps, septic tanks, POTW, sanitary and storm drains.
(2)
General requirements for transporters with disposal sites.
a.
A transporter owning its own disposal site and operating under the same company name will be required to supply the county with a monthly report of all facilities pumped. This report will be in addition to the non-hazardous liquid waste manifest required for waste generators. This requirement is only for those person(s) and companies performing services under a single company name where they are considered the transporter and the disposer. The report will be due on the tenth day of every month to the regulating authority for all those facilities serviced by the transporter serviced in the county.
b.
A person/company that owns, operates or is in control of a disposal site receiving liquid waste in the state must provide following:
1.
A manifest accurately completed and signed in the disposal section to the transporter.
2.
Maintain the manifests for a period of three years and make all records available for inspection by the county upon request.
(3)
Manifests. There is hereby created a manifest system consisting of a multi-part non-hazardous waste manifest, which shall be used to document the generation, transportation and disposal of liquid waste generated in the county. See section 82-251(i) for the required information for a manifest document.
A manifest shall be used a follows:
a.
A transporter shall utilize a manifest for each location serviced; shall present the manifest to the generator to complete and sign the generator's section; shall present the manifest to the disposer to complete and sign the disposers' section of the manifest.
b.
The transporter and generator shall sign their designated sections of the manifest.
c.
The transporter shall leave the first part of the manifest with the generator;
d.
The disposer shall sign the manifest at the time of waste disposal from the transporter.
e.
The transporter shall leave a copy of the manifest with the disposer.
f.
The transporter shall keep a copy of the completed manifest for three years and shall make it available for inspection by the designated person(s) of the director. The transporter shall also maintain a maximum of 30 days of manifests on their vehicle.
g.
The transporter shall deliver to the waste generator, a completed manifest with all required signatures 30 calendar days after pumping activity has occurred.
(4)
Transporter commercial waste permit.
a.
A person/company that transports commercial waste is required to register with the state to receive a registration number before applying for a transporter permit. The registration shall be a one time occurrence. The charge for the transporter permit shall be $250.00 for the first truck and $100.00 for each additional truck payable to the local governing authority or the state. The transporter permit is renewed annually.
b.
A transporter's permit shall be current and a copy shall be provided to the county prior to performing all pumping activity, if the permit was not obtained in the county.
c.
The transporter's pumping privileges shall be suspended in Fulton County if the transporter has continuous violations of this article or regulations and the transporter has failed to pay any fines as the result of violations that have occurred. The suspension shall last for the permit year. If the transporter has not resolved all violations prior to the next permit year, the suspension shall continue. The county shall notify the state of the enforcement action taken against the transporter.
d.
The transporter only needs to obtain commercial waste permit for wide pumping from a local governing authority (LGA).
(5)
Transporter violations.
a.
Illegally discharging liquid waste of chemical toilet waste to grease traps, grit traps, sand traps, septic tanks, POTW, sanitary sewer and storm drains.
b.
Falsifying manifest documentation to generator, disposal site and local governing authority.
c.
A direct cause of a major or minor spill due to illegally discharging to the sanitary sewer or storm drains.
d.
A transporter pumping non-hazardous liquid waste without a current commercial waste permit or registration.
e.
A transporter trunk leaking non-hazardous commercial waste on streets, highways and ground areas that pose a threat to the public health and welfare.
f.
A transporter service involved in illegal business practices that causes harm to the generator, monetary or otherwise (example: charging for pumping but not actually performing service).
g.
A transporter company or individual fails to provide the customer or county with the required pumping documentation.
h.
A transporter company or an individual that impacts the environment while pumping a generators' pretreatment system, however impact does not classify as a spill, but creates waste residue during a pumping activity and waste is visible on ground surface. If the transporter fails to clean up waste so it does not impact storm drainage areas or the environment, then this shall constitute a violation.
i.
It shall be a violation for a commercial waste hauler to violate the rule listed under department of natural resources; section 391.3-6-.24 that regulates the transporting of commercial waste in the state.
(6)
Administrative appeal. See section 82-251(16)(b) for citations issued due to a violation.
(7)
Responsibility of corporation or associations.
a.
In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation or association legally responsible for prohibited conduct performed by an agent acting in behalf of a corporation or association and within the scope of his or her office of employment.
b.
Any person, operator or owner who shall violate any provision of this article, or who shall fail to comply with any provision hereof, shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine not to exceed $2,500.00 for each violation.
c.
Any person found to be guilty of violating provisions of this article shall become liable to the county for any expense, loss, or damage incurred by the county for the purpose of clean-up and disposal of waste illegally dumped or discharged which impacts the county environmentally. An administrative fee equal to one-half of the assessed clean up and costs shall be levied by the county against the guilty person, association or corporation.
(Res. No. 06-1167, 11-15-06)