§ 13-4-407. CIVIL PENALTIES FOR NONPERMITTED OPERATIONS.

(a)

In general. A person operating a solid waste processing facility, a sanitary landfill, or other solid waste disposal facility in the county shall obtain and maintain at all times during operations all permits required by the laws of the state and the county, including a solid waste disposal or processing facility permit.

(b)

Continuing to operate without a permit. A person operating or continuing to operate a solid waste processing facility, sanitary landfill, or other solid waste disposal facility without a permit or after there has been a final decision denying a requested permit, denying renewal of a permit, or suspending or revoking a permit is liable for the civil penalties provided in subsection (d) of this section.

(c)

Effect of court order.

(1)

If the operator has obtained an order of court allowing the continued operation of the solid waste processing facility, sanitary landfill, or other solid waste disposal facility pending judicial review of the final agency decision, imposition of the civil penalties shall be deferred until the judicial review has been completed.

(2)

If a court of competent jurisdiction affirms the final agency decision to deny a permit, to deny renewal of a permit, or to suspend or revoke a permit, the operator of the solid waste processing facility, sanitary landfill, or other solid waste disposal facility is liable for the civil penalties provided in this section for each day of continued operation during the period of judicial review.

(d)

Amount of penalty.

(1)

In this subsection, "net revenues" means gross revenues, less reasonable operating expenses.

(2)

Subject to the limitations of the Express Powers Act, the civil penalty imposed under this section shall be equal to the daily net revenues of the facility plus the sum of $1,000 for each day of operation in violation of the final agency decision.

(3)

The county may bring an action to collect civil penalties imposed under this section.

(1988 Code, § 32-78) (Bill. No. 139, 1990, § 1, 10-29-1990; Bill No. 105-00, § 2, 7-1-2004; Bill No. 82-06, § 2, 8-24-2006)