Current through Register Vol. 42, No. 11, August 30, 2024
(1) As used in
these rules, words in the masculine gender also include the feminine and neuter
genders, words in the singular include the plural, and words in the plural
include the singular.
(2) Each
person who generates solid waste, in addition to adhering to all local
ordinances, resolutions, laws, or rules pertaining to solid waste, shall
provide for the effective and nuisance-free handling of his own solid waste in
accordance with the requirements of these rules.
(a) The handling and disposal of solid waste
shall be accomplished in a manner that will prevent the creation of public
health nuisances, insanitary conditions, or health hazards, and that complies
with the requirements of these rules.
(b) In determining whether a solid waste or
the management thereof, constitutes a nuisance or an endangerment to public
health, the Board shall consider the quantity, composition, and location of the
solid waste, the presence of, or the potential for, vermin or vectors, and
other factors which would warrant special concern.
(c) The generator is responsible for managing
solid waste pursuant to these rules until the waste is collected by an approved
collector, or deposited at an approved handling or disposal facility. If such
waste is spilled, leaked, or scattered by animals, container failure, wind, or
otherwise, or deposited at an unapproved site, it shall be the responsibility
of the generator to promptly retrieve all waste and ensure its disposal to the
satisfaction of the local health department (LHD). At the time waste is
collected by a permitted collector or deposited at an approved handling or
disposal facility, responsibility for management of the waste shall pass to the
collector, or facility owner or operator, as appropriate.
(d) Plans, specifications, operational
procedures, reports, documentation, and other technical data shall be prepared
by a person with technical expertise in the field of concern who meets
professional standards required by state law.
(e) Applications for permits, variances,
exceptions, exemptions, and other required documents shall be signed by the
applicant, or a person authorized to legally bind the applicant, and such
signature shall be notarized.
(f)
All facilities regulated under these rules shall be subject to inspection by
the Board or LHD, or agent thereof, without prior
notification.
