[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.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[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.