This chapter shall be known and may be cited as the "County of Carroll Litter Control Ordinance."
As used in this chapter, the following terms shall have the meanings respectively ascribed to them, unless the context clearly indicates a different meaning:
- COMMERCIAL WASTE
- All solid waste emanating from establishments engaged in business. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, shopping centers, and theatres.
- DUMPING GROUND
- An unregulated disposal site that is operated without the
required compaction and cover.[Amended 11-14-2013]
- HAZARDOUS WASTE
- Includes those materials which, because of their inherent nature and/or quantities, require special handling during disposal to avoid creating environmental damage or hazards to public health or safety. "Hazardous waste" includes, but is not limited to, such items as petroleum wastes, paints, plastics, explosives, acids, caustics, chemicals, poisons, drugs, radioactive materials, asbestos fibers, imported wool fibers, pathogenic wastes from hospitals, sanatoriums, nursing homes, clinics, and veterinary hospitals, waste from slaughterhouses, poultry processing plants, and the like. (Residential solid waste normally contains some hazardous materials, but because such materials are usually present in very small quantities, their safe disposal either in a sanitary landfill or incinerator presents no special problems. Therefore, residential waste is not considered to be hazardous within the meaning of "hazardous waste" as used in this chapter.)
- INDUSTRIAL WASTE
- All solid waste resulting from manufacturing and industrial processes such as, but not limited to, those carried on in factories, processing plants, and slaughterhouses.
- An institution, public or private corporation, individual, partnership, combination thereof, or other entity.
- RESIDENTIAL WASTE
- Household solid waste emanating from private residences.
- SANITARY LANDFILL
- A land site on which engineering principles are utilized to bury deposits of solid waste without creating nuisances or hazards to public health or safety.
- SOLID WASTE
- Garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations and from community activities, but does not include solid or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants. The term "solid waste" shall not include automobiles and other motor vehicles, nor any part thereof, other than small parts or pieces of scrap metal.
- SOLID WASTE DISPOSAL SYSTEM
- The method of disposal of solid waste operated by the County of Carroll.
It shall be unlawful for any person to dispose of any solid waste in any well, spring, reservoir, watercourse or body of water or upon any sidewalk or public grounds, other than grounds designated by the County of Carroll for such purpose, and then only in the manner provided by this chapter and by governmental regulations relating thereto.
It shall be unlawful for any person to permit any land within the County which is owned or occupied by him or which is under his charge or supervision to be used as a dumping ground. Nothing in this section shall prohibit the dumping of solid waste material in a sanitary landfill licensed by the Executive Director of the Department of Waste Management and operated in accordance with state regulations.
Any person shall be guilty of a misdemeanor who shall dump or otherwise dispose of solid waste material on a public highway, right-of-way, property adjacent to such highway or right-of-way, or on private property without written consent of the owner thereof or his agent.
When any person is arrested for a violation of this section, and the matter alleged to have been dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the arresting officer may comply with the provisions of § 46.2-936, Code of Virginia, in making such arrest.
When a violation of the provisions of this section has been observed by any person, and the matter dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way, or private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to be the person ejecting such trash, garbage, refuse or other unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence. For state law similar to Subsections A through C of this section, and the authority of the Board of Supervisors to enact, see Code of Virginia, § 33.1-346.
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. Each day any violation of this section shall continue shall constitute, except where otherwise provided, a separate offense.
All fines and costs collected under the terms of this section shall be paid over to the County Treasurer and credited by him to the general County fund.
It shall be the duty of each owner, occupant and person in charge of any real property in the County to maintain such property at all times free from any accumulation of solid waste matter which might endanger the health or safety of residents of the County or otherwise constitute a nuisance and, if such property is located within a platted subdivision or any other area zoned for residential, business, commercial or industrial use, to provide for the cutting thereon of grass, weeds and other foreign growth as often as may be necessary to prevent breeding and harboring places for insects, reptiles and rodents and to prevent other hazards to the health or safety of residents of the County or other nuisances.
The County may at any time, and, upon complaint by any responsible person that conditions exist on any real property in violation of Subsection A of this section, shall, investigate conditions existing on real property in the County, and, upon a determination following investigation that the owner, occupant or person in charge of any real property in the County stands in violation of his duty as provided in Subsection A, the County shall give written notice to the owner of record of such property, stating the facts which constitute a violation of Subsection A and directing him to take such action as may be necessary to rectify such conditions within such time, not more than 10 days, as shall be stated in the notice.
If, 10 days after the service of any such notice, the directive thereof has not been complied with, the County may proceed to have such work done as may be necessary to abate any such condition, and all expenses resulting therefrom shall be chargeable to and paid by the owner of such property and may be collected by the County as taxes and levies are collected, and all charges not so collected shall constitute a lien against such property.
For state law as to authority of Board of Supervisors to enact this section, see Code of Virginia, § 15.2-901.
It shall be unlawful for any person transporting any wastes, whether liquid or solid, upon or over any public street or right-of-way within the County to fail to provide a suitable and secure cover therefor and to take such other precautions as may be necessary to prevent any such waste matter from spilling from the vehicle in which it is being transported.