WASTE MANAGEMENT ORDINANCE

            The Evans County Board of Commissioners deem it necessary for the protection

of the health, safety and welfare of the citizens of Evans County to provide certain rules

and regulations regarding the site location and manner of operation of waste management

facilities in Evans County, Georgia, and pursuant to the powers and authorities granted to

the Board of Commissioners, the following Ordinance is hereby enacted, to wit:

Section 1:         Any person, firm or entity who desires to locate, construct,

and/or operate a waste management facility in Evans County, Georgia shall make

application to the Board of Commissioners, stating name, address and location of the

proposed facility, and the name, address and telephone numbers of the contact person,

making said application, and with whom all communications are to be made between

applicant and the Board of Commissioners.

Section 2:         The site for any proposed waste management facility shall contain

not less than 50 acres, and the site perimeter shall not be located closer than 500 yards to

any existing residence, planned residential area, school, hospital or government facility.

Said proposed site shall abut an existing county, state or federal road, or a service road

entrance thereto shall be constructed in accordance to the county road requirements.  The

gated entrance to said waste management facility shall be not closer than 100 yards from

said existing county, state or federal road.

Section 3:         The site shall be perimeter fenced with cyclone fencing having a

minimum height of Six (6’) feet, and all entrance/exit gates must be secured at all times

to prevent unauthorized entry by persons or animals.

Section 4:         The application shall include a site drawing, a plat and legal

description of the proposed site and a detailed description of the waste management

facility, to include engineering plans, daily operational plans and type of facility, ie,

waste transfer station, C & D landfill, municipal landfill, any combination of same, or

any other type waste management facility.

Section 5:         The application shall include copies of all applicable permits and

approvals which have been granted, or for which application has been made for of said

site from or to all applicable county, state and federal authorities for the location,

construction, operation and maintenance of said proposed site for the waste management

facility for which the location application is submitted.  No location site approval shall be

granted until all applicable county, state and federal permits are granted.

Section 6:         The compliance with all conditions precedent set forth in Section 1

through Section 5 is required, prior to review of said application by the Board of

Commissioners, who reserve the right to require any additional information concerning

said site location and/or the manner of construction, operation and maintenance of said

waste management facility.

Section 7:         The Board of Commissioners, in their discretion, may grant or

deny the application, notwithstanding compliance with the requirements herein, if the

proposed site for the waste management facility would not be in compliance with the

duties imposed upon the Board of Commissioners to protect the health, safety and 

welfare of the citizens of Evans County, Georgia, or the Board of Commissioners shall

have the power and authority to grant a temporary or a provisional permit for said

proposed site location.

Section 8:         The judicial determination that any section or portion hereof which

may be enforceable, shall not affect the validity of all remaining sections or portions

hereof, and the same shall be enforce as stated.

Section 9:         The jurisdiction and venue for enforcement of this Ordinance shall

be in the Magistrate Court of Evans County, Georgia, and the violation of said Ordinance

or any portion thereof, upon conviction shall be punishable by a fine of not less than

$1,000.00 and/or imprisonment for a period of not more than 90 days.  Each day that said

Ordinance is violated shall constitute a separate violation.

Section 10:       Any person, firm or entity in violation of this Ordinance shall be

subject to the right, power and authority of the Board of Commissioners to seek

enforcement of this Ordinance and any other applicable statutes, laws or rights through

civil remedies in the Superior Court of Evans County, Georgia, and the attempted  

location, construction, operation or maintenance of a waste management facility in Evans

County, Georgia by any person, firm or entity shall constitute a submission to the

jurisdiction and venue of the Superior Court of Evans County, Georgia.

This Ordinance is adopted as written this _______ day of June, 2007.

_______________________                                      _________________________

Charles Oglesby, Chairman                                           June Ellis, Clerk