A.Â
The Henderson County Fiscal Court hereby establishes the Henderson
County Department of Solid Waste Management, which is authorized and
directed to carry out the provisions of this Part 2 and its amendments
and regulations enacted hereunder. The Department of Solid Waste Management
shall be operated on a day-to-day basis by the Solid Waste Coordinator
and will operate under the jurisdiction of the Henderson County Judge/Executive
and the Fiscal Court.
B.Â
It shall be the duty of the Department of Solid Waste Management
to control the collection and disposal of solid waste within the County
unless excepted hereunder.
A.Â
The Department of Solid Waste Management shall have the authority
to adopt any and all reasonable regulations necessary for the implementation,
administration or operation of this Part 2.
B.Â
Whenever the Department desires, with the concurrence of the Fiscal
Court, to adopt a regulation hereunder, a notice of said regulation
shall be published. Said notice shall include a summary of the proposed
regulation and a date and time for public hearing. The date and time
for public hearing shall be not less than 10 days nor more that 20
days following publication. During the period between publication
and the public hearing, the proposed regulation shall be on file in
the Judge/Executive's office for inspection by the public. Unless
the Fiscal Court votes to the contrary, said regulations shall become
binding and effective one week subsequent to the date of the above-referenced
hearing.
[Amended 3-9-2004]
A.Â
The Department of Solid Waste Management shall cause solid waste collection services to be available to every resident and commercial establishment within the County which deserves this service, except as stated in § 208-7. The service shall include a universal collection system which shall at minimum provide a disposal site at the Henderson City/County Transfer Station and voluntary, nonexclusive franchises to collect, transfer and dispose of residential solid waste.[1] The Department may provide this service with its own equipment
and employees, may contract for this service, or may issue a franchise(s)
for these services or require permits for commercial haulers that
provide this service.
B.Â
The Director shall establish the procedures for collecting bulky
rubbish from residential units within the County. Bulky rubbish shall
be taken directly to a permitted landfill or other location designated
by the Director or the County Judge/Executive.
C.Â
Solid waste collectors, permitted by the County or solid waste collection
agency operating under contract with the County, are hereby authorized
to enter upon private property for the purpose of collecting solid
waste therefrom as required by this Part 2. Solid waste collectors
shall not enter dwelling units or other residential buildings for
the purpose of collecting residential solid waste. Commercial solid
waste may be removed from within commercial establishments upon written
request of the owner and approval by the Director.
D.Â
All garbage and refuse placed in authorized storage containers and
placed at the point of collection shall become the property of the
County or its duly authorized agent, and no person shall be allowed
to separate, carry off or dispose of the same without written permission
of the Director.
E.Â
Solid waste collectors operating within the County shall be responsible
for the collection of solid waste from collection points to a transportation
vehicle, provided solid waste is stored in compliance with provisions
set forth in this Part 2. Spillage or blowing litter, caused as a
result of the duties of the solid waste collector, shall be collected
and placed in the transportation vehicle by the collector.
F.Â
No person may remove any item from a collection box, climb on or
into a container or receptacle or damage any container.
