This page expands on the core elements of an effective ordinance from the US EPA Environmental Protection Agency's Illegal Dumping Prevention Guidebook, see page 23) by providing specific examples of components that should be addressed.
Definition of Key Terms: Unlawful and unauthorized dumping, enforcement officer, hearing officer, person, premise, solid waste, permitted solid waste hauler, container, permitted facility, collection requirements.
Authority for Inspection and Enforcement: Illegal dumping enforcement officer, access to property, warrants, administrative enforcement actions, hearings, case preparation, court action, prosecution, fee, fines, and penalties.
Authority for Vehicle Impoundment: Define illegal dumping, public nuisance vehicle, seizure and forfeiture of vehicles, nuisance vehicles, rights, title and interest in vehicle, process, receipts, evidence, innocent parties, return of vehicle, claim of interest in vehicle, sale of vehicles, cost recovery.
Permitting and Application Requirements: Business permits, conditional use permits, solid waste facilities permits, hauler permits.
Collection and Hauling Requirements: Franchise agreement, service provider, self-haul provisions.
Storage and Processing Requirements: Land use codes, conditional use permits.
Fee Collection: Fines for violation, administrative penalties for violations or penalty for failure to abate, recovery of administrative enforcement costs and other administrative costs of: inspection, investigation, hearings.
Prohibited Activities and Violations: Unlawful and unauthorized dumping.
Litter Prevention: Land use codes.
Owner Responsibilities: Owner of the illegally dumped material/sufficient quality and quantity of evidence to prove ownership.
Penalty Clauses: Untimely required actions or clean-up and/or failure to abate, basic violation language.
Liability Clauses: Responsibilities of agency, illegal dumper identification, property owner responsibilities, vehicle owner.
Severability Clauses: A special clause that regulates the legal consequences or the applicability of the remaining clauses of a contract when some clauses of a contract are or become ineffective or infeasible. The goal of the severability clause is usually to maintain the spirit of the contract as much as possible. Example of a nonexclusive remedy: This Article does not exclusively regulate, enforce and/or penalize refuse disposal, unlawful dumping of refuse and the other, lesser included violations set forth above. It supplements and is in addition to other regulatory and enforcement codes, statutes and ordinances heretofore or hereafter enacted by the County, the State and/or any other legal entity or agency having jurisdiction.
Prosecution Procedures: Administrative enforcement actions, review of administrative actions, conduct of hearings, appeals process.
Authority for Emergency Abatement Activities: Clean and lien authority, fund for payment of immediate abatement work and then recovery of lien monies.
Cost Recovery: Fee or fine for first, second, third and subsequent violations, fee schedule, administrative, inspection, investigation and enforcement costs, administrative penalty for failure to abate, hearing and court costs, payment and collection costs, impoundment fees, clean and lien.