County Commissioner Ordinance - September 1978AN ORDINANCE OF THE BOARD OF COMMISSIONERS
OF GIBSON COUNTY, INDIANA, CONCERNING
LANDFILLS IN GIBSON COUNTY, AND DISPOSAL
OF WASTE MATERIALS, REFUSE, GARBAGE, AND
RUBBISH IN GIBSON COUNTY, AND PROHIBITING
THE BRINGING INTO GIBSON COUNTY WASTE
MATERIALS.
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'WHEREAS,';the State.of'Indiana has.provided for local
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control of waste materials by the Board of County Commissioners
of each County; and, ��
WHEREAS, Gibson County operates an approved Landfill
operation for waste materials for the citizens of Gibson
County; and,
WHEREAS, it has been determined by the Board of
County Commissioners of Gibson County, Indiana, that it is
not economically feasible for Gibson County to care for waste
materials for citizens or governmental units of areas outside
of Gibson County, Indiana, and it is not desirable for the
citizens of Gibson County to permit Landfills to be operated
in several areas of Gibson County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF GIBSON COUNTY, STATE OF INDIANA:
SECTION ONE: Definitions. The following definitions
shall apply in the interpretation and enforcement o� this
Ordinance:
A. "Refuse" shall mean all putrescible and non-
putrescible solid and semi-solid wastes, except human excreta,
but including garbage, rubbish, ashes, street cleanings, dead
animals, offal and solid commercial, industrial and
- institutional wastes.
B. "Garbage" shall mean all putrescible animal
solid, vegetable solid and semi-solid wastes resulting from
the processing, handling, preparation, cooking, serving, or
consumption of food or food materials.
C. "Rubbish" shall mean all non-putrescible solid
waste', excluding ashes, such as cardboard, paper, plastic,
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metal or glass food containers, rags, waste metal, yard
clippings, small pieces of wood, excelsior, rubber, leather,
crockery, and other waste materials that ordinarily accumulate
around a home, business or industry. It shall not include
garbage, ashes, bulk refuse, dead animals, mazardous refuse,
industrial waste or building waste resulting from the
operations of a contractor.
D. "Landfill" shall mean a tract of land on which
a Landfill operation is conducted and which has been approved
by the State Board of Health.
E. "Person" shall include any individual, part-
nership, corporation,.firm or association.
F. "Governmental Unit" shall mean any County,
City, Town or any Subdivision.thereof.
SECTZOtd TWO: It shall be unlawful for any person,
other than the citizens of Gibson County, to use the Landfill
operated by the Board of County Commissioners o£ Gibson
County.
SECTION THREE: It shall be unlawful for any person,
other than the citizens of Gibson County, to deposit refuse,
garbage, or rubbish in containers used by Gibson County it
its Landfill'operation. � „
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� SECTION�FOUR: ? It shall be unlawful for;any person or
Governmental Unit to.operate:'a Landfill in Gibson County
without having first obtained a permit from the Board of
County Commissioners of Gibson County and :�aving had the
site approved by the State Board of Health for a proper
Landfill.
SECTION FIVE: It shall be unlawful for any person or
Governmental Unit to bring refuse, garbage, or rubbish from
outside of Gibson County except to an approved Landfill.
SECTION SIX: It shall be unlawful for any person or
Governmental Unit to deposit refuse, garbage, or rubbish
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within Gibson County except in a Landfill approved by the
Board of County Commissioners of Gibson County.
SECTION SEVEN: Any person or Governmental Unit who
violates the,provisions of this Ordinance shall be deemed
guilty of :a .misdeineanor; ;and',on first;conviction, shall be
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fined in any sum not less than $100.00 or more than $500.00.
For the second or subsequent conviction a violator shall be
fined in any sum not less than $500.00 or more than $1,000.00.
Each day of violation shall be considered a.separate offense.
SECTION EZGHT: The Circuit Court of Gibson County
shall have jurisdiction to enforce the penalty section of
this Ordinance.
SECTION NINE: The Board of County Commissioners o£
Gibson County, or any person aggrieved, may institute a suit
for injunction to restrain any person or governmental unit from
violating the provisions of this Ordinance. Any Landfill used
in violation of Section Four and Six of this Ordinance is
declared to be a nuisance and may be abated in such manner as
nuisances are now or hereafter abated.
SECTION TEN: Should any section, paragraph, sentence,
clause; or phrase of this Ordinance be declared unconstitutional
or invalid for any reason, the remainder of said Ordinance
shall not be affected thereby.
SECTION ELEVEN: All Ordinances and parts of Ordinances in
conflict herewith are hereby repealed, and this Ordinance shall
be in full force and effecct after_=its adoption and its
publication as is provided by law, which publication is now
ordered.
PASSED AND ADOPTED BY THE COMMISSIONERS OF GIBSON
COUNTY, INDIANA, ON THIS Sth.DAY OF SEPTEMBER, 1978.
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BOARD OF COUNTY COMMISSIONERS
OF GIBSON COUNTY, INDIANA
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Don Whitehead, P sid'ent
ATTEST:
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R.J. uester, County Auditor
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