[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director is authorized to make necessary rules and regulations as will implement the purposes of this Chapter. Such rules and regulations shall only be promulgated following notice to the public of the public hearing to be held and the subject matter of the proposed rule or regulation. The Division Director shall hold this public hearing. Upon issuance of any rule or regulation, the text of same shall be filed with the County Registrar. Failure to comply with provisions of such rule or regulation shall be a violation of this Chapter and subject to the penalty provisions of Section 240.1760.
[Ord. No. 01-061 §§1—8, 5-30-2001]
The Division Director may grant a variance from the terms of
this Chapter to a holder of or an applicant for a permit or license
issued pursuant to this Chapter upon a showing that strict application
of the provisions of this Chapter will impose practical difficulties
or particular hardships upon the aforementioned applicant or holder
without corresponding benefit to the public health, but only when
the Division Director finds that the granting of the variance will
not serve merely as a convenience to the aforementioned applicant
or holder but will alleviate some demonstrable hardship or difficulty
sufficient to warrant a variance. In granting any such variance, the
Division Director may impose such limitations and conditions as he
deems necessary to protect the public health, and any violation of
or failure to adhere to such limitations or conditions shall constitute
a violation of this Chapter.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
Except as provided in Subsection (B) of this Section, any person aggrieved by a decision of the Division Director pursuant to Article IV, Articles V through XI, Articles XIV through XVI, or Section 240.1720 of this Article (variances) of this Chapter may within ten (10) days of that decision file with the Director an appeal stating why the decision is unauthorized by this Chapter. The appeal shall be filed on a form prepared by the Director, signed by the aggrieved person or that person's agent, and a copy of the appeal shall be served on the Division Director. The Director shall schedule and conduct a hearing within thirty (30) days of the filing of the appeal and may affirm, modify or reverse the decision of the Division Director. The decision of the Director shall be final.
B.
Any person aggrieved by the denial of a license by the Division Director or by the Division Director's modifications of a proposed waste facility plan pursuant to Article VII may appeal that decision to the County Council as provided in Article VII of this Chapter. The decision of the County Council shall be final.
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord. No. 15-034 §18, 3-30-2015]
A.
Any
person designated by the Division Director to enforce provisions of
this Chapter may issue a citation to any person when having probable
cause to believe that such person has committed a violation of this
Chapter. The citation shall require the person in whose name the citation
is issued to pay a fine either by mail or in person at the offices
of the Division of Environmental Health and Protection within ten
(10) days after receipt of the citation.
B.
Nothing
in this Section shall require that any prosecution for any violation
of this Chapter need be preceded by a citation permitted by this Section.
[Ord. No. 01-061 §§1—8, 5-30-2001]
A.
In cases where citations have been issued pursuant to Section 240.1740, the Division Director is authorized to and shall have and perform the following duties:
1.
Accept payment of fines as provided below.
2.
Maintain records of all violations of the provisions of this Chapter
indexed by name of the person violating any provision during the preceding
twenty-four (24) months, whether such violation was established in
court or by payment of a fine pursuant to this Section.
3.
Refer to the County Counselor for prosecution any matter where a
person charged with an offense which may be paid to the Division Director
under this Section fails to appear and pay the fine within the time
or in the manner prescribed herein.
B.
Penalties
for violations for which citations under this Section are written
and which may be paid to the Division Director pursuant to this Section
are as follows:
[Ord. No. 15-034 §19, 3-30-2015; Ord.
No. 23-092, 10-10-2023]
|
Section
|
Description
|
Penalty For First Violation
|
Penalty For Recurring Violations
|
|---|---|---|---|
|
240.310
|
Failure to have sufficient number or size waste containers
|
$50
|
$100
|
|
240.310
|
Failure to have sufficient waste containers at single-, two-
and three-family residential premises
|
$25
|
$50
|
|
240.310
|
Failure to have sufficient waste containers at multi-family
residential and at non-residential premises
|
$50
|
$100
|
|
240.310
|
Failure to secure covers on waste containers at single-, two-
and three-family residential premises
|
$25
|
$50
|
|
240.310
|
Failure to secure covers on waste containers at multi-family
residential premises and at non-residential premises
|
$50
|
$100
|
|
240.325
|
Failure to keep area surrounding waste containers at single-,
two- and three-family residential premises or the exterior of such
containers in clean, neat, odor-free and sanitary condition
|
$25
|
$50
|
|
240.325
|
Failure to keep area surrounding waste containers at multi-family
residential premises or at non-residential premises or the exterior
of such containers in clean, neat, odor-free and sanitary condition
|
$50
|
$100
|
|
240.325
|
Storage of solid waste containers and containers for recyclables
from one-, two- or three-family residential premises on property other
than where waste and recyclables were originally generated
|
$25
|
$50
|
|
240.325
|
Storage of solid waste containers and containers for recyclables
from multi-family residential premises or non-residential premises
on property other than where waste and recyclables were originally
generated
|
$100
|
$300
|
|
240.335
|
Deposit waste in the container of another without permission
of owner of container
|
$50
|
$100
|
|
240.340
|
Failure to place infectious, hazardous or special waste in containers
clearly marked "Infectious Waste", "Biohazard Waste", "Hazardous Waste",
as the case may be
|
$300
|
$500
|
|
240.340
|
Failure to store infectious waste in sealed leakproof containers
|
$300
|
$500
|
|
240.340
|
Failure to store sharps in rigid and puncture resistant containers
|
$300
|
$500
|
|
240.340
|
Failure to label infectious containers and storage area with
the universal biohazard symbol
|
$300
|
$500
|
|
240.340
|
Failure to contain all infectious waste and keep outside of
container free of contamination
|
$300
|
$500
|
|
240.340
|
Failure to keep exterior storage areas locked or otherwise secure
|
$300
|
$500
|
|
240.340
|
Failure to label medical special waste with the words "Medical
Special Waste" and with the special waste registration number
|
$300
|
$500
|
|
240.345
|
Failure to remove a mobile/roll-off waste container when full
|
$100
|
$300
|
|
240.345
|
Failure to secure demolition waste or construction waste in
secure container to prevent dispersal by wind
|
$100
|
$300
|
|
240.345
|
Store demolition or construction waste in flood plain while
not in waste container
|
$100
|
$300
|
|
240.350
|
Failure to register as a medical waste generator
|
$300
|
$500
|
|
240.355
|
Failure to have agreement for collection of waste with hauler
having licensed vehicles where waste collection service is reasonably
available for the premises
|
$50
|
$100
|
|
240.355
|
Failure to have infectious waste pickup weekly unless generation
rate is four and one-half (4.5) cu. ft. or less per month whereas
pickup frequency is quarterly
|
$300
|
$500
|
|
240.355
|
Failure to remove medical special waste at regularly scheduled
intervals, as specified in special waste disposal application
|
$300
|
$500
|
|
240.355
|
Failure to remove industrial/commercial special waste and sewage
sludge at regularly scheduled intervals, as specified in special waste
disposal application
|
$300
|
$500
|
|
240.355.1a
|
Place solid waste containers, containers for recyclables, or
bulky/non-containerized waste at point of collection designated by
waste hauler before dusk prior to the regularly scheduled collection
day
|
$25
|
$50
|
|
240.355.1b
|
Failure to return solid waste containers or containers for recyclables
to place of storage on the same day as collection of waste
|
$25
|
$50
|
|
240.401
|
Engage in the business of hauling waste, sewage, sludge, human
excrement or any other waste of any kind whatsoever on County streets
without annual permit for collecting and transporting
solid waste
|
$100
|
$300
|
|
240.435
|
Enter into an agreement for disposing of residential waste without
providing for collection of bulky residential waste at least once
every six (6) months
|
$100
|
$200
|
|
240.435
|
Failure to give persons having agreement for disposal of residential
waste reasonable notice of scheduled collection of bulky residential
waste
|
$100
|
$200
|
|
240.440
|
Failure to label waste transportation vehicles permitted under
annual permit for collecting and transporting solid waste
|
$100
|
$300
|
|
240.445.1
|
Failure to maintain waste hauling vehicles and mobile/roll-off
waste containers in safe, clean and sanitary condition
|
$100
|
$300
|
|
240.445.1
|
Failure to maintain waste hauling vehicle or mobile/roll-off
waste container so as to prevent waste from spilling or leaking or
blowing from vehicle or mobile/roll-off waste container
|
$100
|
$300
|
|
240.445.2
|
Transport waste in hoppers of waste transportation vehicle where
such hoppers have defective hopper seals which create spillage or
leakage of liquid
|
$100
|
$300
|
|
240.445.3
|
Failure to secure covers when transporting waste capable of
blowing from vehicle or mobile/roll-off waste container or in fact
blowing from vehicle or mobile waste container
|
$100
|
$300
|
|
240.450(A)
|
Failure of permittee to allow inspection of waste transportation
vehicle or mobile/roll-off waste container
|
$100
|
$300
|
|
240.450(D)
|
Failure of permittee to comply with Division Director's order
to correct violations in waste transportation vehicle or mobile/roll-off
waste container by the time and date stated in order
|
$100
|
$500
|
|
240.460(A)
|
Engage in business of hauling waste without required insurance
|
$1,000
|
$2,000
|
|
240.460(B)
|
Engage in business of hauling waste without Workers' Compensation
in amounts required by law
|
$1,000
|
$2,000
|
|
240.465
|
Haul sewage or sludge, without first obtaining a permit
|
$100
|
$500
|
|
240.470
|
Haul infectious, hazardous or special waste in transportation
vehicle or mobile/roll-off waste container used for transporting waste
that is not infectious, hazardous or special, as the case may be,
or which cannot safely transport such waste
|
$1,000
|
$2,000
|
|
240.470
|
Transport waste that is clearly marked as infectious, hazardous
or special waste, or which the hauler knows in fact is infectious,
hazardous or special waste, unless the hauler has the capability to
legally and safely transport such waste to an appropriate facility
|
$1,000
|
$2,000
|
|
240.510
|
Deposit waste on real estate which does not have a valid and
current license for a sanitary landfill, demolition landfill, waste
processing facility or transfer station issued by Division Director
|
$500
|
$1,000
|
|
240.510
|
Permit waste to be deposited on real estate which does not have
a valid and current license for a sanitary landfill, demolition landfill,
waste processing facility or transfer station issued by the Division
Director
|
$2,000
|
$4,000
|
|
240.510
|
Deposit waste on or at facility in a manner which does not comply
with the plan for operation pertaining to such facility or in a manner
which does not comply with the provisions of this Chapter pertaining
to operation of such facility
|
$2,000
|
$4,000
|
|
240.510
|
Conduct open burning of yard waste without the appropriate permit
|
$100
|
$300
|
|
240.510
|
Conduct open or container burning of solid waste
|
$100
|
$300
|
|
240.510
|
Deposit waste in waters of County
|
$1,000
|
$1,000
|
|
240.540
|
Deposit or cause or permit to be deposited infectious, hazardous
or special waste at a facility which is not licensed and approved
to accept such waste safely
|
$1,000
|
$1,000
|
|
240.1140
|
Failure to operate facility in a manner required by waste facility
plan
|
$1,000
|
$1,000
|
|
240.1150
|
Failure to operate sanitary landfill in accordance with standards
set forth in this Section
|
$1,000
|
$1,000
|
|
240.1150
|
Failure to submit required reports on environmental monitor
data to Division of Environmental Services
|
$500
|
$1,000
|
|
240.1150
|
Failure to submit CAP in response to documented monitor data
excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1150
|
Failure to implement CAP developed in response to documented
monitor data excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1160
|
Failure to operate demolition landfill in accordance with standards
set forth in this Section
|
$1,000
|
$1,000
|
|
240.1160
|
Failure to submit required reports on environmental monitor
data to Division of Environmental Services
|
$500
|
$1,000
|
|
240.1160
|
Failure to submit CAP in response to documented monitor data
excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1160
|
Failure to implement CAP developed in response to documented
monitor data excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1170
|
Failure to operate waste proceeding facility or transfer station
in accordance with standards set forth in this Section
|
$1,000
|
$1,000
|
|
240.1170
|
Failure to submit required reports on environmental monitor
data to Division of Environmental Services
|
$500
|
$1,000
|
|
240.1170
|
Failure to submit CAP in response to documented monitor data
excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1170
|
Failure to implement CAP developed in response to documented
monitor data excursion of regulatory limit
|
$1,000
|
$1,000
|
|
240.1180
|
Failure to have sign as required by this Section at each entrance
to facility
|
$100
|
$300
|
|
240.1310
|
Scavenge, excavate, disrupt or remove deposited material from
facility without approval of Division Director
|
$100
|
$300
|
|
240.1401
|
Failure to operate residential yard waste composting facility
according to standards of this Section
|
$25
|
$50
|
|
240.1481
|
Failure to operate yard waste composting facility in manner
required by approved materials facility plan or requirements of this
Section
|
$500
|
$1,000
|
|
240.1510
|
Failure to register and report as a recycling center
|
$50
|
$100
|
|
240.1520
|
Failure to register and report as a hauler of recovered material
|
$50
|
$100
|
|
240.1610
|
Failure to submit application for disposal of special waste
|
$300
|
$500
|
|
240.1620
|
Failure to submit demolition waste application
|
$200
|
$400
|
[Ord. No. 01-061 §§1—8, 5-30-2001; Ord.
No. 23-092, 10-10-2023]
A.
Every
person who shall be convicted of violating any of the provisions of
this Chapter shall be fined not more than one thousand dollars ($1,000.00)
or imprisoned in the St. Charles County Jail for not more than one
(1) year, or punished by both such fine or imprisonment. Each day
a violation continues after service of written notice to abate such
violation shall constitute a separate offense; however, no notice
is required to prosecute and convict a person of any violation of
this Chapter.
B.
The
following minimum fines shall be imposed for individuals that violate
this Chapter:
1.
In the event the person has committed two (2) offenses listed in
this Chapter in the last twelve (12) months prior to the violation
for which the defendant is charged, the person shall be sentenced
to at least a minimum fine of seventy-five dollars ($75.00);
2.
In the event the person has committed three (3) offenses listed in
this Chapter in the last twelve (12) months prior to the violation
for which the defendant is charged, the person shall be sentenced
to at least a minimum fine of one hundred fifty dollars ($150.00);
3.
In the event the person has committed more than three (3) offenses
listed in this Chapter in the last twelve (12) months prior to the
violation for which the defendant is charged, the person shall be
sentenced to at least a minimum fine of two hundred twenty-five dollars
($225.00).
C.
In
addition to the penalties hereinabove authorized and established,
the County Counselor shall take such other actions at law or in equity
as may be required to halt, terminate, remove or otherwise eliminate
any violations of this Chapter.
