A. This chapter shall be applicable to any person generating, producing, or storing solid waste. Any person who has received any solid waste shall be responsible for the proper storage, removal, transport and disposal of solid waste. Solid waste, while being transported, shall be covered, tied or otherwise secured so waste will not be blown or dropped from the transport.

B. Where solid waste is generated, produced, stored or received upon a leased premises, both the landlord and the tenant are responsible for compliance with the provisions of this chapter regardless of the provisions of the tenancy, except that neither party is responsible for actions outside the scope of their actual or constructive knowledge which were conducted by the other party in violation of this chapter.

C. In addition to other persons who may be responsible as set forth in this section, for the purpose of this chapter, a person generating solid waste is responsible for the lawful storage, removal, transport and disposal of that solid waste until it is legally deposited in an approved site.

D. When solid waste is dumped or deposited in violation of this chapter and three or more items in the solid waste identify the same person as the owner or recipient of that item, there shall be a rebuttal presumption that the person is responsible for the unlawful dumping of solid waste.

E. The owner of the real property on which solid waste is located is responsible for complying with the provisions of this chapter even if the solid waste was placed on their property without their knowledge or consent.

F. Any person who by contract, agreement or otherwise arranges for the recovery, transport, disposal or dumping of solid waste is responsible for complying with the provisions of this chapter regarding that solid waste. [Ord. 07-01 Art. IV, approved 6/11/01.]