PART II. SOLID WASTE CONTROL

§342H-30 Prohibition. (a) No person, including any public body, shall engage in the operation of an open dump.

(b) No person, including any public body, shall operate a solid waste management system without first securing approval in writing from the director.

(c) No person, including any public body, shall discard, dispose of, deposit, discharge, or dump solid waste, or by contract or otherwise arrange directly or indirectly for the disposal of solid waste in an amount greater than one or less than ten cubic yards in volume anywhere other than a permitted solid waste management system without the prior written approval of the director. This prohibition shall not be deemed to supersede any other disposal prohibitions established under federal, state, or county law, regulation, rule, or ordinance.

(d) In addition to any other penalty provided by law, a person who knowingly violates or knowingly consents to the violation of this section shall be subject to one or more of the following penalties:

(1) Criminal penalties of not more than $25,000 for each separate offense;

(2) Not more than thirty days imprisonment for each offense; or

(3) Revocation or suspension by court order of any contractor’s license to operate as a contractor or any applicable certificate of authorization from the public utilities commission.

Each day of a violation shall constitute a separate offense.

(e) Each fine collected under this section shall be distributed to the authorized agency that enforced the activity prohibited under this section; provided that when a fine is collected, fifty per cent of the fine shall be awarded to the person, if any, who reported the activity prohibited under this section. [L 1989, c 212, pt of §4; am L 1994, c 210, §6; am L 1997, c 268, §3; am L 1998, c 226, §2; am L 2004, c 143, §2 and c 145, §2]

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