TITLE 13
ENVIRONMENT

ARTICLE 1
COUNTY SANITARY LAND FILL

Chapter 1
Landfill in Wilmington Township Closing

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Landfill in Wilmington Township Closing.  Whereas: The DeKalb County Commissioners have received information that the DeKalb County Landfill located in Wilmington Township has reached near capacity, therefore be it Resolved:

That the DeKalb County Landfill located in Wilmington Township be closed, and all landfill operations excepting monitoring as directed by the Indiana Department of Environmental Management effective August 31, 1989, and after that date no solid waste shall be accepted or moved within the confines of the landfill except as may be ordered and directed by the Indiana Department of Environmental Management.

Be it further Resolved: that the landfill lease operator, Merritt Inc., proceed on a time and material cost basis to complete the requirements of the recommended order of the Administrative Law Judge in Cause No. 88-S-J-105, Indiana Department of Environmental Management, as soon as said recommended order is accepted and approved by the Solid Waste Management Board, which work shall be performed in accordance with the provisions of the directives of the Indiana Department of Environmental Management.

(Res. 89-2, August 14, 1989)

Chapter 2
Landfill to be Closed End of August
ARTICLE 2
PUBLIC DISPOSAL OF TRASH
Chapter 1
Trash Dumping

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Trash Dumping.  WHEREAS, it has been the practice of certain parties living in DeKalb County and adjoining counties to dump their trash along creek and ditch banks and along County roads'

AND WHEREAS, this constitutes an unsightly appearance and tends to full up drainage ditches and creek beds;

THEREFORE, be it ordained by the Board of Commissioners of DeKalb County that the dump at Gypsy Hill and all other creeks and ditches and roads be closed to the dumping of trash and garbage. Be ordered that a copy of this ordinance be published in several papers of the County and in the Edgerton Earth at Edgerton, Ohio.

Chapter 2
Public Disposal of Garbage and Rubbish on Land Situated
Outside the Corporate Limits of any City or Town

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Public Disposal of Garbage and Rubbish on Land Situated Outside the Corporate Limits of any City or Town.  BE IT ORDAINED AND ENACTED by the Board of Commissioners of DeKalb County, State of Indiana as follows:

ARTICLE I.
DEFINITIONS

The following definitions shall apply to the interpretation and enforcement of this ordinance:

1.   GARBAGE. "Garbage" shall mean and include rejected food wastes including every waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing, dealing in, or storing of meat, fish, foul, fruit or vegetables.
2.   RUBBISH. "Rubbish" shall mean and include such matter as ashes, cans, metalware, broken glass, crockery, dirt, sweepings, boxes, wood, grass, weeds, or litter of any kind.
3.   PUBLIC DISPOSAL. "Public disposal" shall mean and relate to disposal of garbage and rubbish which has been removed from premises used, owned, or leased by one or more persons, firm, corporation, or associations, and transported to other premises and disposed either with or without payment of a fee.
4.   SANITARY LANDFILL. "Sanitary landfill" means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of suitable cover at the conclusion of each day's operation or at more frequent intervals as necessary.
5.   HEALTH OFFICER. "Health Officer" shall mean the DeKalb County Health Officer, or his authorized representative.
6.   DEKALB COUNTY. "DeKalb County" shall mean those areas which are under the jurisdiction of the DeKalb County Health Officer and situated outside the corporate limits of any city or town.
7.   PERSON. "Person" shall mean any person, firm, corporation, or association.
8.   GROUND WATER. "Ground water" means water in the ground that is in the zone of saturation.
9.   SURFACE WATER. "Surface water" means a body of water whose top surface is exposed to the atmosphere including a flowing body as well as a pond and a lake.
10.   SALVAGING. "Salvaging" means the controlled removal of reusable materials.
11.   SCAVENGING. "Scavenging" means the uncontrolled picking of materials.
12.   HAZARDOUS MATERIALS. "Hazardous materials" includes but is not limited to explosives, pathological wastes, radio-active materials and chemicals.
13.   REFUSE. "Refuse" means any combination of garbage and rubbish.
ARTICLE II
PERMITS
1.   It shall be unlawful for any person to engage in the public disposal of garbage or rubbish in DeKalb County, who does not possess an unrevoked permit from the health officer. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit. The permit shall be for the term of one year on a calendar year basis and shall be renewable annually. Any permit issued by the health officer shall contain the name of the person to whom the permit is granted, the address of the premises for which it is issued, and such other pertinent information as may be required by the health officer. A permit shall be issued to any person who has complied with the requirements of this ordinance and no permit or renewal thereof shall be denied on arbitrary or capricious grounds. A permit may be temporarily suspended by the health officer upon violation by the holder, of any of the terms of this ordinance, or revoked after an opportunity for a hearing by the health officer upon serious or repeated violations. A separate permit shall be required for each public disposal site operated, or to be operated, by any person.
2.   No permit signed by the health officer shall be valid until it has been countersigned by the Treasurer of DeKalb County. The Treasurer of DeKalb County shall countersign a properly signed permit upon payment to the Treasurer of DeKalb County of a permit fee in the amount of $50.00. Such monies or fees collected under the terms of this ordinance shall revert to the General Fund of DeKalb County.
3.   No fee shall be charged for a State, County, or Municipally owned and operated public garbage and rubbish disposal site in DeKalb County.
4.   Before a permit is issued by the health officer for any new dump site, detailed plans and specifications and necessary reports must be submitted to the health officer by a registered professional engineer . In the case of an existing dump site development of the required plans and specifications for a sanitary landfill, when the health officer, in his judgment, believes that technical problems will not be encountered, the services of a registered professional engineer may be waived.
ARTICLE III
INSPECTION OF PUBLIC DISPOSAL
SITES AND OPERATIONS
1.   As often as deemed necessary, the health office shall inspect each garbage and rubbish disposal site located within DeKalb County. In case the health officer discovers a violation of any item of sanitation pertinent to the provisions of this ordinance, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with terms of this ordinance. Any violation of the same item of the ordinance in such second inspection, shall call for suspension or revocation of permit.

One copy of the health officer's inspection report on which violations of any items of sanitation pertinent to the provisions of this ordinance shall be inscribed, shall be delivered to the licensee by the health officer. Another copy of the aforementioned inspection report shall be filed by the health officer with the records of the County Health Department. The person operating the public disposal site shall, upon request of the health officer, permit access to all parts of the grounds by said health officer and shall permit to copy and all records pertaining to the sources of garbage and rubbish transported thereto for public disposal.

ARTICLE IV
SANITARY REQUIREMENTS
1.   The issuance of any permit to a person for the operation of a proposed garbage and rubbish disposal site shall be subject to approval of the health officer who shall inspect the proposed site prior to the issuance of a permit.
2.   Sanitary landfill operations shall be so designed and operated that conditions of unlawful pollution will not be created and injury to ground and surface waters avoided which might interfere with the legitimate water users. Water-filled areas not directly connected to natural lakes, rivers or streams may be filled with specific inert material not detrimental to legitimate water uses and which will not create a nuisance or hazard to health. Special approval of the inert material to be used in this manner is required in writing from the health officer.
3.   Any and all materials considered food for rodents and insects including tin cans and other receptacles for food, shall be disposed of daily in a sanitary manner by a sanitary landfill, or by a method approved by the health officer.
4.   Salvaging, if permitted, shall be organized so that it will not interfere with prompt sanitary disposal of refuse or create unsightliness or health hazards. This provision in no way precludes the right of a land fill operator to prevent salvaging as a part of his operational standards. Scavenging shall not be permitted. All salvage material must be removed from the disposal area at least once each week.
5.   No garbage or rubbish containing garbage shall be burned at a sanitary landfill. Burning of select materials shall be severely restricted and be conducted only in designated areas with the permission of the health officer, and other appropriate authorities. Combustible rubbish, completely devoid of garbage, may be burned in an area designated by DeKalb County Health Officer to minimize fire hazards and the creation of a public nuisance resulting from smoke and stench. The DeKalb County Health Officer may order that all material be covered or disposed of in a satisfactory manner.
6.   Any person engaged in public garbage and rubbish disposal by sanitary landfill shall have available at all times earth moving equipment of adequate size and capacity to satisfactorily operate such sanitary landfill. An all-weather road shall be provided to the trench or sanitary landfill site.
7.   It shall be expressly forbidden to make uncooked garbage available for animal consumption at any public garbage and rubbish disposal site.
8.   Infestation of rodents and insects on the premises of a garbage and rubbish public disposal site, shall, constitute a violation of this ordinance and such violation shall be determined by the DeKalb County Health Officer.
9.   Hazardous materials, including liquids and sewage, shall not be disposed of in a sanitary landfill unless special provisions are made for such disposal through the health department. This provision in no way precludes the right of a land fill operator to exclude any materials as a part of his operational standards.
10.   The entire site, including the fill surface, shall be graded and provided with drainage facilities to minimize runoff onto and into the fill, to prevent erosion or washing of the fill, to drain off rainwater on the fill and to prevent the collection of standing water.
11.   Measures shall be provided to control dust and blowing paper. The entire area shall be kept clean and orderly.
12.   Modification of the rules on sanitary landfills as applicable to existing disposal areas may be made by the health officer. These modifications must be approved in writing.
13.   Garbage and rubbish shall be spread so that it can be compacted in layers not exceeding a depth of 2 feet of compacted material. Large and bulky items, when not excluded from the site, shall be disposed of in a manner approved by the health department.
14.   A layer of suitable cover material compacted to a minimum thickness of 2 feet shall be placed over the entire surface of each portion of the final fill not later than l week following the placement of refuse within that portion.
15.   An inspection of the entire site shall be made by the health officer to determine compliance with approved plans and specifications before the earth-moving equipment is removed from the site. Any necessary corrective work shall be performed before the landfill project is accepted as completed. Arrangements shall be made for the repair of all cracked, eroded, and uneven areas in the final cover during the first 2 years following completion of the landfill.
16.   Any other method of solid waste disposal not covered by these rules shall be reviewed by the health department for the purpose of evaluating the design and operational methods with reference to: the nuisance factor, the safety of employees and protection of the public health.
ARTICLE V
ENFORCEMENT
1.   The enforcement of this ordinance shall be by the DeKalb County Health Officer.
2.   It shall be the duty of the DeKalb County Prosecuting Attorney, to whom the DeKalb County Health Officer shall report any violations of the provisions of this ordinance, to cause proceedings to be commenced against the person violating the provisions of this ordinance and to prosecute to final termination.
ARTICLE VI
PENALTIES
1.   A. Any person violating any provisions of this ordinance shall be guilty of a misdemeanor, and, on conviction, the violator shall be punished for the first offense by a fine of not more than five hundred dollars; for the second offense by a fine of not more than one thousand dollars; and for the third and each subsequent offense by a fine of not more then one thousand dollars to which may be added imprisonment for any determinate period not exceeding ninety days, and each day after the expiration of the time limit for abating insanitary conditions and completing improvements to abate such conditions as ordered by the County Board of Health, or by the duly appointed health officer of the county, shall constitute a distinct and separate offense.
ARTICLE VII
REPEAL AND DATE OF EFFECT

All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect immediately upon its adoption and its publication as provided by law.

ARTICLE VIII
UNCONSTITUTIONALITY CLAUSE AND ADOPTION

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 altered thereby.

(Ord. 68-5, Passed August 5, 1968)

ARTICLE 3
CLEAN INDOOR AIR

Chapter 1
Clean Indoor Air Law

13-3-1  

Clean Indoor Air Law.  Whereas the General Assembly of Indiana in regular session enacted House Enrolled Act No. 1007 entitled "Clean Indoor Air Law" to be designated Indiana Code 13-1-13 directing officials in charge of public buildings to designate smoking and non-smoking areas in said buildings now therefore be it resolved that:

"All department heads of the DeKalb County municipal government are authorized to post the areas within their lock up control as smoking or non-smoking areas, which they may post to give public notice which areas designated shall be enforced pursuant to the provisions of state law."

(Res. 090887, passed September 8, 1987)

ARTICLE 4
RADIOACTIVE WASTE

Chapter 1
Radioactive Waste

13-4-1  

Radioactive Waste.  Upon hearing a report of commissioner David Swogger and considering all information presented the following resolution adopted this day by unanimous vote:

BE IT RESOLVED: That the DeKalb County Commissioners of DeKalb County, Indiana are duly concerned about the health, safety and general welfare of the residents of this county and all persons in the State of Indiana and throughout the world as they may be effected by radioactive waste and these commissioners do hereby give notice of their opposition to the "Midwest Compact" and urge the withdrawal of the State of Indiana from that interstate compact for the disposal of radioactive waste and in particular these commissioners are specifically opposed to the use of the Hillsdale County, Michigan site for the disposal of radioactive waste because of the potential pollution of waterways in DeKalb County and throughout the State of Indiana.

(Res. 081588, passed August 15, 1988)

ARTICLE 5
NORTHEAST INDIANA SOLID WASTE
DISTRICT MANAGEMENT

13-5  

WHEREAS the Indiana General Assembly has added a new Article 9.5 to Title 13 of the Indiana Code now known as I.C. 13-9.5 entitled Solid Waste Management establishing procedures and deadlines for the formation of multi county Solid Waste Management Districts; and

WHEREAS the county commissioners of DeKalb County, Noble County, Steuben County and LaGrange County have agreed that these respective counties can best serve the needs of these counties with regards to the management of solid waste by the formation of a four county waste management district by interlocal agreement in conformance with the provisions of I.C. 36-1-7;

BE IT ORDAINED that the county commissioners of DeKalb County, Steuben County, Noble County and LaGrange County pursuant to the provisions of House Enrolled Act 1240 of the 106th General Assembly of the State of Indiana in the year 1990 now a public law in the State of Indiana designated as Indiana Code Title 13 Article 9.5 do now join together their entire county territories including all incorporated and unincorporated areas, as a joint four county solid waste management district to be known as the Northeast Indiana Solid Waste Management District, organized in compliance with the provisions of said law, and to perform all of the functions authorized and directed by said law, as it is now promulgated or as same may hereafter be modified by judicial decision or legislative amendment.

The County Commissioners are hereby authorized to enter into an interlocal agreement governing the operation of this joint district which may from time to time be amended as needed and which agreement shall guide the district in the performance of the responsibilities imposed by the laws of the State of Indiana and the United States of America as they are from time to time deemed necessary by the governing board of such district to be composed of all of the county commissioners and one county council member of all four counties in strict compliance with said House Enrolled Act 1240 of the 106th General Assembly of 1990 of the State of Indiana and Indiana Code 13-9.5 and all other laws applicable. The proposed interlocal agreement is now examined and approved and made of this ordinance as attachment "A".

So adopted and approved by ordinance of the following county executives in regular meeting on the dates shown.

(Ord. o050790, passed May 7, 1990)

Chapter 1
County Adjusted Gross Income Tax Distribution

13-5  

County Adjusted Gross Income Tax Distribution 

13-5-1-1  

CAGIT Funds Distribution Continues 1995.  WHEREAS, Senate Enrolled Act 450 of 1995 Indiana legislature has amended I.C. 6-3.5 and I.C. 13-9.5 and mandated that each county in a multi county solid waste district must approve by a majority vote of the County Council of each Council in a multi County district to vote in favor of continuation of the distribution of CAGIT funds if said distribution is to continue to the Northeast Indiana Solid Waste Management District.

NOW, THEREFORE BE IT RESOLVED that the DeKalb County Council does now approve the continued distribution of CAGIT funds to the Northeast Indiana Solid Waste Management District.

(Res. 95-3A, passed July 10, 1995)

13-5-2  

CAGIT Funds Distribution Continues 1996.  WHEREAS, the DeKalb County Council is appraised of I.C. 6-3.5-1.1-1.3 stating, in pertinent part:

(b) A district may not receive a distribution under this chapter unless a majority of the members of each of the county fiscal bodies of the counties within the district passes a resolution approving the distribution.

WHEREAS, the Council, after reviewing the costs and benefits of distributing CAGIT funds to the Northeast Indiana Solid Waste Management District, and after considering all other evidence in favor of, and against, said distribution, now resolves to approve the CAGIT distribution for 1997.

THEREFORE, BE IT RESOLVED, until further order of the DeKalb County Council, that:

The DeKalb County Council passes a resolution approving a CAGIT distribution to the Northeast Indiana Management Solid Waste District for the fiscal year 1997.

(Res. 96-7, passed July 1, 1996)

13-5-3  

CAGIT Funds Distribution Continues 1997.  WHEREAS, the DeKalb County Council is apprised of I.C. 6-3.5-1.1-1.3 stating, in pertinent part:

(b) A district may not receive a distribution under this chapter unless a majority of the members of each of the county fiscal bodies of the counties within the district passes a resolution approving the distribution.

WHEREAS, the Council, after reviewing the costs and benefits of distributing CAGIT funds to the Northeast Indiana Solid Waste Management District, and after considering all other evidence in favor of, and against, said distribution, now resolves to approve the CAGIT distribution for 1998.

THEREFORE BE IT RESOLVED, until further order of the DeKalb County Council, that:

The DeKalb County Council passes a resolution approving a CAGIT distribution to the Northeast Indiana Management Solid Waste District for the fiscal year 1998.

(Res. 97-7, passed May 5, 1997)

13-5-4  

CAGIT Funds Distribution Continues 1998.  WHEREAS, the DeKalb County Council is apprised of IC 6-3.5-1.1-1.3 stating, in pertinent part:

(b) A district may not receive a distribution under this chapter unless a majority of the members of each of the county fiscal bodies of the counties within the district passes a resolution approving the distribution.

WHEREAS, the Council, after reviewing the costs and benefits of distributing CAGIT funds to the Northeast Indiana Solid Waste Management District, and after considering all other evidence in favor of, and against, said distribution, now resolves to approve the CAGIT distribution for 1999.

THEREFORE BE IT RESOLVED, until further order of the DeKalb County Council, that:

The DeKalb County Council passes a resolution approving a CAGIT distribution to the Northeast Indiana Management Solid Waste District for the fiscal year 1999.

RESOLVED and APPROVED this 13th day of April, 1998.