§ 46-106. Industrial process solid waste; municipal sludges.

(a)

Any person causing or allowing industrial process solid waste or latex sludge to be delivered to the county landfill for disposal shall guarantee that the originator of the waste has submitted a material safety data sheet to the board of commissioners and has received approval from both the landfill and the state environmental protection department.

(b)

If there are any risks or additional costs involved in accepting any industrial process solid waste, the county landfill may impose an industrial process solid waste disposal surcharge to compensate the county landfill for such risks and additional costs including administrative expenses and overhead. The following factors will be considered in determining the amount of such industrial process solid waste surcharge:

(1)

Volume of waste for disposal;

(2)

Quality of waste (moisture, etc.);

(3)

Degree of risk associated with such disposal;

(4)

Additional handling, processing and disposal costs;

(5)

Additional administrative expense and overhead; and

(6)

Additional environmental protection controls including monitoring.

The industrial process solid waste surcharge shall be set by the manager or the engineer, without notice and public hearing thereon and may vary on a case-by-case basis.

(c)

Any person causing or allowing industrial process solid waste to be delivered to the county landfill shall be deemed to have agreed to indemnify and hold harmless the county landfill for any costs reasonably incurred to protect against or reduce any risks resulting therefrom.

(Ord. of 7-9-1991, § VIII)