Chapter 28

SOLID WASTE*
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* Editors Note: On April 4, 1989, pursuant to Ga. Const. art. 9, sec. 3, par. 1, the board of commissioners of the county passed four separate resolutions to adopt contracts with the City of Jesup, the City of Screven, the City of Odum and Long County whereby for a fee such governmental entities are allowed to dispose of solid waste at the Wayne County Landfill. Copies of such contracts are on file in the office of the clerk of the board of commissioners.
Cross References: Buildings and building regulations, Ch. 8; health and sanitation, Ch. 20.
State Law References: Authorization to provide garbage and solid waste collection and disposal, Ga. Const. art. 9, sec. 2, par. 3; Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; local and regional solid waste plans, O.C.G.A. § 12-8-31.1; hazardous waste disposal, O.C.G.A. § 12-8-61 et seq.; Litter Control Law, O.C.G.A. § 16-7-40; transporting garbage or waste across state or county boundaries pursuant to contract, O.C.G.A. § 36-1-16; Resource Recovery Development Authorities Law, O.C.G.A. § 36-63-1 et seq.; littering highways, O.C.G.A. § 40-6-249.
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Article I. In General
Sec. 28-1. Restriction on use of dumpsters.
Sec. 28-2. Sludge land application systems.
Secs. 28-3--28-25. Reserved.

Article II. Litter Control
Sec. 28-26. Definitions.
Sec. 28-27. Unlawful dumping, burning, scattering.
Sec. 28-28. Enforcement.
Sec. 28-29. Penalties.
Secs. 28-30--28-50. Reserved.

Art. III. Solid Waste Management
Sec. 28-51. Solid Waste Management Authority.
Secs. 28-52--28-60. Reserved.

Art. IV. Yard Trimmings Disposal Regulations
Sec. 28-61. Definitions.
Sec. 28-62. Placement and disposal of yard trimmings; prohibitions.
Sec. 28-63. Sorting, storing, composting and collecting yard trimmings.
Sec. 28-64. Penalties.
Secs. 28-65--28-70. Reserved.

Article V. Residential Solid Waste
Sec. 28-71. Definitions.
Sec. 28-72. Disposal.
Sec. 28-73. Containers.
Sec. 28-74. Recyclable material bags.
Sec. 28-75. White goods.
Sec. 28-76. Unauthorized removal of garbage and trash from containers, recyclable materials from bags or white goods from property.
Sec. 28-77. Certain materials not to be placed in receptacles.
Sec. 28-78. Damaging containers providing for refuse collection.
Sec. 28-79. Penalties for violations.
Sec. 28-80. Reserved.

Article VI. Solid Waste and Scrap Tire Management
Sec. 28-81. Definitions.
Sec. 28-82. Waste disposal--General.
Sec. 28-83. Transporting solid waste and litter.
Sec. 28-84. Regulation of all solid waste or litter containers and receptacles.
Sec. 28-85. Regulation of municipal solid waste landfills, inert landfills, construction and demolition landfills, and solid waste collection and recycling centers.
Sec. 28-86. Accumulation.
Sec. 28-87. Violations and penalties.
Sec. 28-88. Enforcement.
Sec. 28-89. Civil remedies and abatement of nuisance.
Sec. 28-90. Evidence of violations.
Sec. 28-91. Yard trimmings.
Sec. 28-92. Recycling.
Sec. 28-93. Authority to enforce.

ARTICLE I.

IN GENERAL

Sec. 28-1. Restriction on use of dumpsters.

No municipality or other governmental agency or contractor shall dump garbage or other refuse into county-owned dumpsters. A violation of this section shall be a misdemeanor, and a violator shall be punished as provided in section 1-12.
(Res. of 2-9-90)

Sec. 28-2. Sludge land application systems.

(a) Any generator of sludge and the owner of the sludge application site, within the meaning of O.C.G.A. § 12-5-30.3 shall, prior to the application of any sludge in the unincorporated areas of the county, pay a combined fee of ________ per ton. This fee shall be paid to the county administrator who shall give a receipt therefor.

(b) All vehicles carrying sludge shall be weighed at a weighing station to be designated by the county administrator. The process of weighing shall be in a manner to be designated by the county administrator. The designated weighing station shall certify directly to the county administrator the weight of the load. This shall be done in writing on a form designated "load certificate" approved by the county administrator. A copy of the load certificate shall be furnished to the driver of the sludge vehicle.

(c) The copy of the load certificate and the copy of the receipt for the fee shall be the authority to make the application of particular sludge. The load certificate and receipt shall be carried by the driver of the sludge vehicle at all times during delivery as proof of the payment of the fee for the particular load.
(Ord. of 10-4-93(2))

Secs. 28-3--28-25. Reserved.

ARTICLE II.

LITTER CONTROL

Sec. 28-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

County means all property within the confines of the county but excluding all property located within the corporate limits of any municipal corporation located therein.

Dumpsters means containers designated by the board of commissioners for dumping of specific garbage.

Enforcement officer means any duly sworn law officer of the county or state or any person designated by the board of commissioners or the county administrator to enforce this article.

Household garbage means animal, vegetable and fruit refuse matter and other refuse matter ordinarily generated as byproducts of a household such as cans, bottles, paper, cardboard, plastics and wrapping or packing materials.

Litter means all sand, gravel, slag, brickbats, construction waste, rubbish, cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description.

Public property means the right-of-way of any road or highway; and park, playground, building, refuge or recreation area; and any waterways not completely contained on private property.
(Ord. of 4-3-84, § 1)

Sec. 28-27. Unlawful dumping, burning, scattering.

(a) It shall be unlawful for any person to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving litter on any public property, unless the property has been designated by the board of commissioners as a disposal site or unless litter is placed into a litter receptacle.

(b) It shall be unlawful for any person to dump any refuse or other materials other than household garbage in dumpsters clearly marked "household garbage only."

(c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, plunder the contents of, or otherwise vandalize any county dumpster.
(Ord. of 4-3-84, § 2)

Sec. 28-28. Enforcement.

(a) All county, city or state law enforcement officers are authorized, empowered, and directed to enforce compliance with this article.

(b) Whenever throwing or depositing of litter in violation of this article is not observed by an enforcement officer, but the officer is able to determine by examination of the contents of the litter the person from whom litter was generated, it shall be prima facie evidence of violation of this article.
(Ord. of 4-3-84, § 3)

Sec. 28-29. Penalties.

Any person convicted of violation of this article shall be punished, as provided in section 1-12, and/or shall be directed to pick up and remove from any public property any and all litter deposited thereon by anyone prior to the date of execution of sentence, as may be directed by the judge of court of legal jurisdiction.
(Ord. of 4-3-84, § 4)

Secs. 28-30--28-50. Reserved.

ARTICLE III.

SOLID WASTE MANAGEMENT*
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* Cross References: Buildings, Ch. 8; health and sanitation, Ch. 20; subdivisions, Ch. 30.
State Law References: Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; local and regional solid waste plans, O.C.G.A. § 12-8-31.1.
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Sec. 28-51. Solid Waste Management Authority.

(a) Determination. There is hereby determined and declared to be a present and future need for a solid waste management authority to function in the county.

(b) Adoption. There is hereby activated in the county the public body corporate and politic known as the "Wayne County Solid Waste Management Authority" (the "authority"), which is created upon the adoption and approval of the Management Authorities Law.

(c) Appointment. The board of directors of the solid waste management authority shall consist of nine members. At least three of such directors shall be elected officials in the county, and this requirement shall take precedence over any and all other considerations in the appointment of members by the respective appointing governmental bodies. Five members shall be appointed by the county commissioners, one member shall be appointed by the board of commissioners of the City of Jesup, one member shall be appointed by the board of commissioners of the City of Screven, one member shall be appointed by the board of commissioners of the City of Odum, and one member shall be appointed by the Wayne County solid waste management authority. The directors shall hold office for a period of four years or until his/her earlier death, resignation, removal, disqualification or incapacity to serve. In the event that at any time the board is not properly constituted with three elected officials in the county, then in that event the county commissioners shall increase the number of directors, through additional appointments, so that the board is legally constituted. Such additional directors shall serve until the next appointments thereafter are made. Directors shall serve staggered terms, with such appointments and initial terms being as follows:

Director Appointing Body Expiration Date of Initial Term
1 Wayne County commissioners 1/1/2002
2 Wayne County commissioners 1/1/2002
3 City of Jesup board of commissioners 1/1/2002
4 Wayne County commissioners 1/1/2001
5 Wayne County solid waste management authority 1/1/2001
6 Wayne County commissioners 1/1/2000
7 City of Odum board of commissioners 1/1/2000
8 Wayne County commissioners 1/1/1999
9 City of Screven board of commissioners 1/1/1999

(d) Vacancy. If any vacancy shall occur among the directors by reason of death, resignation, removal, disqualification, incapacity to serve or otherwise, the remaining directors shall continue to act and such vacancy shall be filled by the appointing body to the particular directorship.

(e) Duties. The board of directors hereinbefore appointed shall organize itself, carry out its duties and responsibilities and exercise its powers and prerogatives in accordance with the terms and provisions of the Management Authorities Law as it now exists and as it might hereafter be amended or modified.

(f) Compliance. The county shall furnish promptly to the Secretary of State of the State of Georgia a certified copy of this resolution in compliance with the provisions of the Management Authorities Law.

(g) Action. The action taken by the commissioners as herein specified is not intended in any way to affect any public corporation, industrial development or payroll authority previously created by legislative act or constitutional amendment including, without limitation, its existence, purpose, organization, powers or function.
(Res. of 7-7-92, §§ 1--6; Ord. of 8-5-96)

Secs. 28-52--25-60. Reserved.

ARTICLE IV.

YARD TRIMMINGS DISPOSAL REGULATIONS

Sec. 28-61. Definitions.

(a) Commercial solid waste. All types of solid waste generated by stores, offices, restaurants, warehouses and other non-manufacturing activities, excluding residential and industrial wastes.

(b) Composting. The controlled biological decomposition of organic matter into a stable, odor-free humus.

(c) Leachate collection system. A system at a landfill for collection of the leachate which may percolate through the waste and into the soils surrounding the landfill.

(d) Municipal solid waste. Any solid waste derived from households, including garbage, trash and sanitary waste in septic tanks and includes solid waste from single-family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste but does not include solid waste from mining, agricultural or silvicultural operations or industrial processes or operations.

(e) Municipal solid waste disposal facility. Any facility or location where the final deposition of any amount of municipal solid waste occurs, whether or not mixed with or including commercial or industrial solid waste, including but not limited to municipal solid waste landfills.

(f) Municipal solid waste landfill. A disposal facility where any amount of municipal solid waste, whether or not mixed with or including commercial waste, industrial waste, nonhazardous sludges or small quantity generator hazardous waste, is disposed of by means of placing an approved cover thereon.

(g) Yard trimmings. Leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance, other than mining, agricultural and silvicultural operations.
(Ord. of 9-3-96, § 1)

Sec. 28-62. Placement and disposal of yard trimmings; prohibitions.

(a) It shall be unlawful to place or mix yard trimmings with municipal solid waste within the unincorporated areas of the county.

(b) Yard trimmings shall not be disposed at any municipal solid waste disposal facility having a liner and leachate collection system or requiring vertical expansion located within the county, and more specifically the county solid waste facility located at Broadhurst.
(Ord. of 9-3-96, § 1)

Sec. 28-63. Sorting, storing, composting and collecting yard trimmings.

The following hierarchy is hereby adopted for sorting, storing, composting and collecting yard trimmings, to wit:

(1) Naturalized, low-maintenance landscaping requiring little or no cutting;

(2) Grass cycling by mowing it high and letting it lie;

(3) Stacking branches into brush piles for use as wildlife habitats and for gradual decomposition into the soil;

(4) Composting on the site where the material was grown, followed by incorporation of the finished compost into the soil at that site;

(5) Chipping woody material on the site where such material was generated;

(6) Collecting yard trimmings and transporting them to another site to be chipped or composted for later use; and

(7) Chipping woody material for later use as fiber fuel.
(Ord. of 9-3-96, § 1)

Sec. 28-64. Penalties.

Any person violating this article shall be punished by a fine not to exceed $300.00, by imprisonment for a term not to exceed 30 days or a combination of such fine and imprisonment.
(Ord. of 9-3-96, § 1)

Secs. 28-65--28-70. Reserved.

ARTICLE V.

RESIDENTIAL SOLID WASTE

Sec. 28-71. Definitions.

When used in this article, the following words and phrases shall have meanings given in this section.

County service area. All unincorporated areas of the county.

Curbside. Land directly abutting a roadway which appears on the Georgia Department of Transportation highway map for the county and is maintained by the county.

Municipal solid waste. Any solid waste derived from households, including garbage, trash and sanitary waste. This shall not include yard debris such as leaves, brush, grass clippings, shrub and tree prunings, vegetative matter resulting from landscape development, building materials, or any commercial materials, not considered residential household waste.

Recyclable material. Newsprint, plastics, aluminum or metal cans and corrugated cardboard.

Residence. Any single-family household.

White goods. Household appliances.
(Ord. of 5-5-97, § I)

Sec. 28-72. Disposal.

It shall be unlawful for any person, firm or corporation, to dispose of or dump garbage or rubbish upon the roadways of the county or upon any public or private premises other than those designated for such purpose.
(Ord. of 5-5-97, § II)

Sec. 28-73. Containers.

Any person using or occupying any residence within the county service area shall place all household garbage in the 95-gallon containers furnished each residence by the county and shall place said 95-gallon container on the curbside adjacent to such residence for pick-up once each week at a time designated by the county.
(Ord. of 5-5-97, § III)

Sec. 28-74. Recyclable material bags.

Any person using or occupying any residence within the county service area shall place all recyclable materials in the recyclable materials bag furnished to each residence by the county once every other week which shall be properly placed at the curbside adjacent to the residence at the time designated by the county.
(Ord. of 5-5-97, § IV)

Sec. 28-75. White goods.

Any person using or occupying any residence in the county service area shall place white goods at the curbside at lease once a month on designated land adjacent to the residence. Provided however, such white goods shall not be placed at the curbside until such residents have notified GEO Waste or any other person, firm or corporation designated by the county to handle the collection of said goods and then only within 24 hours of the time designated for pick-up by GEO Waste or other county designee.
(Ord. of 5-5-97, § V)

Sec. 28-76. Unauthorized removal of garbage and trash from containers, recyclable materials from bags or white goods from property.

It shall be unlawful for any person other than a person or firm duly authorized by the county to collect or remove any garbage, trash, recyclable materials, or white goods from any garbage and trash receptacles or bags and from any property within the county service area.
(Ord. of 5-5-97, § VI)

Sec. 28-77. Certain materials not to be placed in receptacles.

Dead animals, poisons, explosives, dangerous or corrosive chemicals, clothing taken from persons with infectious diseases, heavy metal or metal parts, lumber, dirt, rocks, bricks, concrete, tires, crates, refuge from construction or remodeling, or yard debris such as leaves, brush, grass clippings, shrub and tree prunings, and vegetative matter resulting from landscape development shall not be placed in the 95-gallon receptacle used for regular collection service.
(Ord. of 5-5-97, § VII)

Sec. 28-78. Damaging containers providing for refuse collection.

It shall be unlawful for any person to damage any of the 95-gallon containers furnished the residences within the county service area by the county or any designee of the county and used in the county collection service. Any person who willfully or through negligence damages any of the 95-gallon containers furnished the residences of the county service area shall be responsible for the cost of replacing the same.
(Ord. of 5-5-97, § VIII)

Sec. 28-79. Penalties for violations.

Any person, firm or corporation violating any provision of this article shall be punished as provided in section 1-12 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. of 5-5-97, § IX)

Sec. 28-80. Reserved.

ARTICLE VI.

SOLID WASTE AND SCRAP TIRE MANAGEMENT*
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* Editors Note: Ordinances adopted February 4, 2002 and March 4, 2002 enacted provisions, pertaining to solid waste and scrap tire management, which were not specifically amendatory of the Code. For classification purposes, these provisions have been set out herein as a new Art. VI, §§ 28-81--28-93, at the editor's discretion.
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Sec. 28-81. Definitions.

(a) Commercial solid waste shall mean all types of solid waste generated by stores, offices, restaurants, warehouses and other non-manufacturing activities as defined in O.C.G.A. 12-8-22 (4.1).

(b) Dump means to throw discard, place, deposit, discharge, bury, burn, or dispose of a substance.

(c) Disposal facility means any facility or location where the final deposition of solid waste occurs and includes but is not limited to land-filling and solid waste thermal treatment technology facilities as defined in O.C.G.A. 12-8-22(8).

(d) Industrial solid waste shall mean waste generated by manufacturing or industrial processes or operations. Such waste includes but is not limited to fertilizer, agricultural chemicals, food and food related products and other by products as defined in O.C.G.A. 12-8-22(12.1).

(e) Inert waste shall mean wastes that will not or are not likely to cause production of leachate of environmental concern. Such wastes are limited to earth and earth-like products, concrete, cured asphalt, rock, bricks, yard trimmings, stumps, limbs, and leaves. This definition excludes industrial and demolition waste not specifically listed above (Section 391-3-4-06 of the Georgia Rules of Solid Waste Management).

(f) Litter shall mean discarded materials of every kind as defined in O.C.G.A. 16-7-42(1).

(g) Municipal solid waste shall mean any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single-family and multi-family residences, hotels, and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes commercial solid waste but does not include solid waste from mining, agricultural, or industrial processes or operations as defined in O.C.G.A. 12-8-22(18).

(h) Open dump or dump site means a disposal site, location or facility at which solid waste from one or more sources is left to decompose, burn or to otherwise create a threat to human health or the environment as defined in Section 391-3-4-01(44) of the Georgia Rules of Solid Waste Management.

(i) Public or private property shall mean the right of way of any road or highway, any body of water or watercourse or the shores or beaches thereof, any park, playground, building, refuge, or conservation or recreation area, and residential or farm properties, timberlands, or forests, as defined in O.C.G.A. 16-7-42(2).

(j) Recovered materials shall mean those materials which have known use, reuse, or recycling potential and have been diverted or removed from the solid waste stream for sale, use, reuse, or recycling as defined in O.C.G.A. 12-8-22(25).

(k) Recovered materials processing facility shall mean a facility engaged solely in the storage, processing, and resale or reuse of recovered materials as defined in O.C.G.A. 12-8-22(26).

(l) Scrap tire shall mean a tire that is no longer suitable for its original intended purpose because of wear, damage, or defect, or one that cannot be retreaded or otherwise recycled O.C.G.A. 12-8-22(31).

(m) Scrap tire generator shall mean any person who generates scrap tires as defined in Section 391-3-4-19(21) of the Georgia Rules of Solid Waste Management.

(n) Scrap tire carrier shall mean any person engaged in picking up or transporting scrap tires not otherwise exempted under Section 391-3-4-19(5.g.) for the purpose of removal to a scrap tire processor, end user, or disposal facility O.C.G.A. 12-8-22(32).

(o) Solid waste means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution contract facility, and other discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities, but does not include recovered materials, solid or dissolved materials in domestic sewage, solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. Section 1342: or source, special nuclear, or by product materials as defined by the Federal Atomic Energy Act of 1954, as amended (68 Stat. 923). O.C.G.A. 12-8-22(33).

(p) Solid waste handling means the storage, collections, transportation, treatment, utilization, processing or disposal of solid waste, or any combination of such activities. O.C.G.A. 12-8-22(34).

(q) Tire retailer shall mean any person engaged in the business of selling new retreaded or used replacement tires. O.C.G.A. 12-8-22(39).

(r) Person is any individual, firm, partnership, association, corporation, company, group, entity or organization of any kind.

(s) Waste shall mean all discarded substances and materials whatsoever exceeding ten pounds in weight or 15 cubic feet in volume, or any such substance in any weight or volume if biomedical waste, hazardous waste (as that term is defined in O.C.G.A. Section 12-8-62), or any such substance or material dumped for commercial purposes. With the exception of non-hazardous, low-impact animal bi-products classified by DNR "waste" includes without limitation, bottles, boxes, containers, papers, tobacco products, tires, dead animals including their bedding and other wastes from such animals, appliances, mechanical equipment or parts, building or construction materials, tools, machinery, wood, motor vehicles and motor vehicle parts, vessels, aircraft equipment, waste oil, batteries, antifreeze, sludge from a wastewater treatment facility, water supply treatment plant, or air pollution control facility, air contaminants from any source or facility and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations, including household, commercial, construction and demolition waste, or industrial solid waste which is non-hazardous, non-medical, and in a form classified as solid waste by the Georgia Department of Natural Resources. O.C.G.A. 16-7-51.
(Ord. of 2-4-02, § I)

Sec. 28-82. Waste disposal--General.

(a) The owner or occupant of any premises shall be responsible for the sanitary handling and disposing of all litter, scrap tires, and municipal, commercial or industrial solid waste on the premises used or occupied by such person.

(b) It shall be unlawful to dump, open dump, or permit the dumping of litter, scrap tires, municipal, commercial, or industrial solid waste or recyclables at any place in Wayne County including, and without limitations, any public or private property in the county or any waters in Wayne County unless such litter or waste originates in Wayne County or other areas authorized by the Wayne County Board of Commissioners, and:

(1) The property is designated by the board of commissioners or the duly designated agent for the disposal of litter, municipal, commercial, or industrial solid waste, scrap tires or recovered materials and the person is authorized to use such property.

(2) The litter, municipal, commercial, or industrial solid waste, recyclables or scrap tires is placed into a receptacle or container installed specifically for such property; and

(3) The property has a valid solid waste handling permit issued by EPD.

(c) It shall be unlawful for any person to dump or place waste unless authorized to do so by law or by a duly issued permit:

(1) In or on any public highways, road, street, alley, or thoroughfare, including any portion of the right of way thereof or on any other public lands except in containers or areas lawfully provided for such dumping.

(2) In or on any fresh water lake, river, canal, stream, or creek; or

(3) In or on any public or private property unless such dumping will not adversely affect the public health and is not in violation of any other local, state, or federal law, rule, or regulation.

(d) All persons defined as scrap tire generators, scrap tire carriers, tire retailers shall be subject to rules as defined in Section 391-3-4-19 and handle scrap tires in accordance with the provisions of O.C.G.A. 12-8-20, et seq. and the Rules for Solid Waste Management, Chapter 391-33-4, 392-3-4.19 applicable to solid waste and tires.
(Ord. of 2-4-02, § II)

Sec. 28-83. Transporting solid waste and litter.

(a) It shall be unlawful to drive or operate a vehicle in Wayne County hauling municipal, commercial, or industrial solid waste that leaks, flows freely or spills from said vehicle.

(b) No person shall drive or move any truck or other vehicle within the county unless such truck or other vehicle is so constructed or loaded or covered so as to prevent any load contents or litter from being blown, scattered or in any manner deposited in or upon any street, sidewalk, or other public place or upon private property within the county. Any litter or municipal, commercial, or industrial solid waste hauled on a moving vehicle shall be covered in such a manner that litter will not blow or escape from said vehicle while moving or parked on public or private property in Wayne County.

(c) It shall be unlawful for any vehicle to transport litter or waste on any public streets, or roadways, in Wayne County without suitable coverings or other restraint devices securely fastening such litter or waste to the vehicle so as to prevent any materials from being deposited onto other motor vehicles, pedestrians, or the roadway and its adjoining areas. However, this section shall not prohibit the necessary and permitted spreading of any substance in public road maintenance or public road construction operations. (This section shall not apply to the transportation of poultry, livestock, silage or other feed grain used in the feeding of poultry or livestock.)

(d) It shall be unlawful for a business or private person(s) engaged in waste hauling or transportation for hire from businesses or private residences to a county landfill or lawfully permitted dump site to dispose of materials as solid waste that have been intentionally sorted as recyclables by the business or private residence customers, rather than placing the materials in the location designated by the county or appropriate authority for said recyclables.
(Ord. of 2-4-02, § III)

Sec. 28-84. Regulation of all solid waste or litter containers and receptacles.

(a) All solid waste or litter containers or receptacles shall be maintained in as sanitary a manner as is reasonably possible consistent with its use for solid waste and litter disposal.

(b) Persons using solid waste and litter containers or receptacles shall deposit only authorized solid waste and refuse in the container or receptacle.

(c) No person shall deposit a scrap tire in any container or receptacle unless authorized by the owner or the receptacle or the Wayne County Board of Commissioners or his or her designee.

(d) No person shall deposit any burning or smoldering material in such container or receptacle.

(e) No person shall set fire to the contents of any such container or receptacle.

(f) No person shall deposit large non-compatible articles in containers or receptacles such as, but not limited to stoves, refrigerators, bedsprings, automobile parts, boat parts, large tree limbs, or air conditioning units, except containers or receptacles designated for that purpose only.

(g) No person shall deposit any flammable or explosive materials in any such container or receptacle.

(h) No dead animals, livestock or poultry shall be deposited in any such container or receptacle, except receptacles designed for such purpose and so designated by the Wayne County Board of Commissioners.

(i) No person shall willfully damage or alter the location of any such container or receptacle without the written consent of the board of commissioners.

(j) No salvage or scavenging operations shall be conducted in or around such containers or receptacles except by written consent of the board of commissioners.

(k) No person shall deposit any solid waste at a county solid waste collection and recycling center unless such solid waste is contained in such a manner that the attendant can handle it. Solid waste shall be deposited only during the official hours of operation unless the board of commissioners or designee gives express written permission.

(l) No person shall deposit solid waste, water or litter of any kind at any county solid waste collection and recycling center into county owned receptacles or containers designated for the collection of recovered materials. Only authorized materials such as glass, aluminum, newspaper, cardboard, plastic, and tin or other accepted material may be deposited in the appropriated container designated for said material.
(Ord. of 2-4-02, § IV)

Sec. 28-85. Regulation of municipal solid waste landfills, inert landfills, construction and demolition landfills, and solid waste collection and recycling centers.

(a) No landfills shall be operated in Wayne County, Georgia other than a landfill designated by the board of commissioners as the county landfill, and no private municipal solid waste landfill shall be operated in Wayne County, Georgia without a solid waste handling permit issued by the Georgia Environmental Protection Division with the exception of inert construction and demolition landfills having been properly permitted as such by the Georgia DNR/EPD.

(b) It shall be unlawful for any person to deposit solid waste of any kind outside the gate of a solid waste collection and recycling center.

(c) No scavenging operation of any kind shall be allowed at a solid waste collection and recycling center, without express written permission from the board of commissioners.

(d) No person shall move, remove, or cross any fence, gate, barrier, or sign at a solid waste and recycling center.

(e) Price on solid waste brought to said center will be set to defray total cost of solid waste and recycling operations.

(f) Hours of operation of said centers will be set to maximize convenience to residents of that area.

(g) All recovered materials (recyclables) brought to collection centers will be accepted free of charge provided, it is separated under current market specifications and likewise uncontaminated.

(h) Attendant on duty will have full authority of said center consistent with this article.

(i) All rules listed above shall apply to all public and/or private property in said county all waters and/or waterways of Wayne County, and all Wayne County Solid Waste Collection and Recycling Centers.
(Ord. of 2-4-02, § V)

Sec. 28-86. Accumulation.

(a) No owner or occupant of any such property shall bury or burn litter or waste without prior authorization and written permission from the board of commissioners or applicable regulatory agency, including but not limited to, the Environmental Protection Agency, Environmental Protection Division and/or the Georgia Forestry Service. Nothing in this provision shall authorize or be construed to permit the burial or burning of any material which is otherwise prohibited by state or federal law.

(b) No owner or occupant of any property shall allow the accumulation, on his or her premises, of garbage, litter or waste where such material creates or causes a health hazard to neighbors or other citizens, or which is unsightly or emits foul or obnoxious odors.

(c) It shall be unlawful for any person to set fire to the contents of, indiscriminately scatter or disperse the contents of, or otherwise vandalize any containers used for the storage or dumping of litter or waste.

(d) The conduct described in paragraphs (a)--(c) of this section shall constitute a separate violation of the article for each day the garbage or waste material remains or continues to unlawfully pollute, contaminate or burn on such premises.
(Ord. of 2-4-02, § VI)

Sec. 28-87. Violations and penalties.

(a) Any person(s), firm, or corporation violating any portion of this article shall be guilty of a misdemeanor and upon conviction thereof, in the Magistrate Court of Wayne County shall be punished as follows:

(1) For the first offense: By a fine of not less than $100.00 and not more than $1,000.00 or up to 30 days imprisonment, or both. Each day the violation continues shall constitute a separate offense O.C.G.A. 16-7-43. However, this section shall not preclude the county from choosing to seek civil redress in a court of competent jurisdiction in addition to the criminal prosecution, it being the intent of the county to have both the civil and criminal rights of prosecution in this area;

(2) For the second or more offense(s): The violator shall be guilty of a misdemeanor of high and aggravated nature punishable by a fine of not less than $750.00 and not more than $1,000.00 or up to 60 days imprisonment or both. Each day the violation continues shall constitute a separate offense. O.C.G.A. 16-7-53-B; and/or

(b) In the sound discretion of the judge of the court with jurisdiction, the offender(s) may also be directed to pick up and remove litter from any public streets or highways and/or other public right of way or private areas for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution or sentence as provided in O.C.G.A. Section 16-7-43b; and/or

(c) In the sound discretion of the judge or the court with jurisdiction the person may be directed to pick up and remove litter from any public park, private right of way, or with the prior permission of the legal owner or tenant in lawful possession of such property and private property upon which it can be established by competent evidence that the person has deposited litter thereon and all litter deposited thereon by anyone prior to the date of execution of sentence; and/or

(d) The court may order the publication of the names and photographs of persons convicted of violating this article; and/or

(e) The court may order the violator to repair or restore property damaged, or pay damages resulting from such violations or perform public service related to the repair or restoration of property damaged by the violation; and/or

(f) In the case of an improper garbage or waste disposal site the property owner, contractor, developer, builder or other person responsible for the property shall cause the property to be cleaned and to come into full compliance with this article. Wayne County shall not be responsible for any costs of cleanup or remediation; and/or

(g) The expenses incurred by the county for cleanup, enforcement of violations and penalties shall be chargeable to the violator, including, but not limited to: court costs, filing fees, special investigations, mutual aid assistance from other agencies and other costs necessary for the reasonable enforcement of this article.

(h) In addition to actions filed by Wayne County for violations of this article, any state or federal agency may independently file separate or concurrent charges within their respective applicable authority and seek conviction within a court of competent jurisdiction.
(Ord. of 2-4-02, § VII)

Sec. 28-88. Enforcement.

(a) Enforcement of this article shall be the responsibility of the Wayne County Board of Commissioners, the environmental education and enforcement officer or his/her designee and/or the Wayne County Sheriff's Office.

(b) Any person or persons authorized to enforce this article shall be empowered to enter any property, upon reasonable cause, at reasonable or necessary times in order to properly inspect for violations of this article, subject to the condition that to allow entry onto private property for inspection, the alleged violation of this article must be visible from a public road or right of way, or upon said officer(s) having received a valid complaint alleging a violation of this article, or by a judge's order upon said officer(s) having received information/allegations that constitute reasonable suspicion that a serious unlawful act or threat to the health and safety of the community and/or the environment has occurred or is about to occur.

(c) Appeals for violation of this article may be made to the Magistrate Court of Wayne County, or higher court if the offender so chooses. The offender always has the right to consult his/her attorney at any time before the hearing is scheduled for court.
(Ord. of 2-4-02, § VIII)

Sec. 28-89. Civil remedies and abatement of nuisance.

(a) In the event that any person violates any provision of this article, the county or other appropriate authority may, in addition to other remedies, institute an action for injunction clean-up or stop work orders, mandamus, irreversible damage fines, lien on property or other appropriate action or proceeding to prevent such unlawful acts or to correct or abate any such violation O.C.G.A. 16-7-52. 16-7-53. In addition, the county may immediately revoke or suspend any and all business, building, development or any and all other county issued permits related to the property or properties involved with the violation until such time that compliance is met, or until the ruling of a court of competent jurisdiction is obtained at which time respective permits may be reissued.

(b) Upon finding evidence a written notice of violation may be issued at the discretion of the enforcing officer(s) in lieu of a citation. In the absence of corrective action or in the event that a second violation occurs the evidence constituting the notice of violation may be submitted as evidence for consideration as a first offense before a court with competent jurisdiction and the pending case treated as a second offense by the court as defined in paragraph (a)(2) of section 28-87 of this article.

(c) If a person is found guilty of a violation of the provisions of this article the court and/or the board of commissioners may cause written notice to be given or incorporate into the court order to the violator instructing that person to properly address any provision still remaining in violation of this article for which said violator is convicted. Such notice shall be by personal service and in the event the violator cannot be so served, then by registered mail sent to the violators last known address.

(d) Upon failure, neglect or refusal of any person so notified to properly address said provisions within 20 days after receipt of notice as provided in this section the board of commissioners is hereby authorized and empowered to cause the cleanup, removal or disposal of, including but not limited to, any litter, or any type of waste(s) as defined in this article, dumped, deposited, thrown, or left on public or private property in violation of the article on behalf of the county. The expenses incurred by the county shall be chargeable to the violator and the board of commissioners and/or the court shall send a statement of the amount due for said expenses by registered mail.

(e) When the full amount of such charges are not paid by the violator within 30 days after receipt of said statement as provided for in this section, the board of commissioners shall cause to be recorded in the execution docket a sworn statement showing the cost and expense incurred by the county, the dates of county action, the location of the property for which action was taken, and the name of the person to be charged for the expenses incurred. The recordation of such statement shall constitute a lien on the personal and real property of the person to be charged and shall remain in full force and effect until final payment is received in full, including accrued interest from the date of recording and any and all costs. Such amount as shall constitute final payment shall be subject to collection in the manner fixed by law for the collection of taxes.

(f) In the event that waste(s) or hazardous materials in a dump site cannot be removed from public or private property without causing further endangerment to the environment and/or public health, whether legal or illegal, caused with intent or by accident, acts of God or force of nature, or where a permit for such long-term or permanent disposal has been issued by the proper authority as defined in section 28-85 of this article the county may attach or otherwise affix a permanent addendum to the deed of real property wherein the dump site exists stating the approximate size and location of the dump on the property and an approximate description of the materials contained therein, as well as the approximate dates such dumping occurred, to be recorded on the property plat as a fill area O.C.G.A. 12-8-30. The purpose of said attachment is to preserve the health and safety of current and future landowners and users of said properties, to promote the integrity of property description and values, and to record the location of said dumpsites. The county's exercise of paragraph (f) of this section 28-89 shall in no way be mandatory and Wayne County or its agents shall not be held liable for exercise of action or inaction for implementation of this paragraph (f), nor for the costs of such action or inaction. (Section 391-3-4-06 of the Georgia Rules of Solid Waste Management).

(g) This section 28-89 shall apply with full force and effect regardless of the provisions of any order of the court in which the violator was convicted. This section should not be construed as an excuse for failure on the part of the violator to perform any cleanup ordered by the court, nor shall it be considered as a mitigating factor in any contempt action against a violator who has failed to obey the order of the court.
(Ord. of 2-4-02, § IX)

Sec. 28-90. Evidence of violations.

(a) Whenever litter, or any type of waste(s) as defined in this article, is thrown, deposited, dropped, or dumped by any person(s) or, from any motor vehicle, boat, airplane, or other conveyance in violation of this article, it shall be prima-facie evidence that said person(s) or the operator of the conveyance has violated this article.

(b) Whenever any litter, or any type of waste(s) as defined in this article, which is dumped, deposited, thrown, or left on public or private property in violation of the article 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 thereon 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 article.
(Ord. of 2-4-02, § X)

Sec. 28-91. Yard trimmings.

Yard trimmings shall not be placed in or mixed with solid waste. Yard trimmings shall not be disposed at any solid waste disposal facility having liners and leachate collection systems or requiring vertical expansion within the county. Yard trimmings shall be sorted and stockpiled or chipped, composted, used as mulch or otherwise beneficially reused or recycled to the maximum extent feasible. Any yard trimmings to be collected by any entity other than the property owner shall be sorted and stored in such a manner as to facilitate collection, composting, or other handling.
(Ord. of 2-4-02, § XI)

Sec. 28-92. Recycling.

The Wayne County Board of Commissioners hereby finds that it is in the best interest of the citizens of Wayne County, in order to promote the health, safety, and welfare of the citizens of the county, to recycle as many waste materials as possible in order to reduce the accumulation of litter and garbage and solid waste materials which must be properly disposed of; therefore, it is the policy of the Wayne County Board of Commissioners to encourage recycling whenever practicable.
(Ord. of 2-4-02, § XII)

Sec. 28-93. Authority to enforce.

(a) The Environmental Code Enforcement Officer of Wayne County shall have the authority to enforce the Wayne County Solid Waste and Scrap Tire Management Ordinance and all other county ordinances regulating solid waste, littering, or illegal dumping within the county.

(b) The environmental code enforcement officer shall have the authority to issue citations for violations of such ordinances as provided in O.C.G.A. 15-10-63.
(Ord. of 3-4-02, §§ 1, 2)