County trash officer may get OK to inspect private property|[10/20/06]
Published 12:00 am Friday, October 20, 2006
In an effort to get tougher on cases of illegal dumping of household garbage and rubbish outside city limits, Warren County may empower its enforcement officer to enter private property to do so.
Fire Coordinator and Environmental Officer Kelly Worthy told supervisors Thursday he has spoken with the Mississippi Department of Environmental Quality about the issue and, despite a less serious problem with dumping than in years past, came away energized.
MDEQ “has been pushing for county environmental officers to handle more of this,” Worthy said, referring to the state environmental watchdog agency to respond to calls by citizens to look into reports of illegal dumping.
Board Attorney Paul Winfield, who in the past week has consulted with legal counsel of MDEQ, advised the board that an amendment to the county’s garbage disposal ordinance giving the Environmental Officer authority to enter private property “would help.” Further contact with MDEQ lawyers was likely, he said.
“I’d still like to have the authority. Right now, there’s no way for me to find out” about residential dumping violations, Worthy said.
Sparking the push by Worthy to have greater power to make sure people dispose of trash lawfully was a collection of complaints about a site near a mobile home on Glass Road. A resident there was disposing of roofing shingles in a hollowed-out depression behind the residence, Worthy said.
Any effort to step onto private property to check into dumping complaints would only take place on small sites, Worthy said, as large ones are still handled by MDEQ.
Supervisors were generally favorable about amending the regulations to allow forays onto residences, but were cautious about talking extensively with the state about a move they say could result in citizens complaining of property damage caused by the county.
“Whatever you tear up, you’ve got to fix,” District 5 Supervisor Richard George said, comparing it to incidents in Jackson involving the destruction of private property that resulted in the indictment of Jackson Mayor Frank Melton.
“But we’ve got to give him the same ability as our permit officer,” District 4 Supervisor Carl Flanders said, referring to the on-site official who helps enforce the county’s ordinance that governs subdivisions and new developments.
Unlike most counties in Mississippi, and the City of Vicksburg, which charges $16.80 per month for garbage collection, residential garbage disposal outside city limits is left up to residents, who must contract on their own with individuals or companies permitted by the county to collect and haul garbage.
Garbage can also be lawfully disposed of in commercial receptacles with written permission from the receptacle owner.
The program in place to monitor garbage disposal in Warren County is funded by a $1.25 surcharge added to bills a contracted firm or individual charges. A recent finding showed less than 4,000 have been recorded as paid, leaving about 6,000 residences either finding other means to dispose of it legally or dumping it illegally.
The fine for illegal dumping under the county’s garbage and rubbish disposal ordinance enacted in 1994 is $100 to $500. Though violators have their day in county court, “convictions are tough because the burden of proof is on the state,” Worthy said.