§ 27-0712. Coverage of all vehicles, including barges transporting solid

waste.

1. Legislative findings and intent. It is the purpose of this section
to assure that solid waste management is conducted in a safe, sanitary,
efficient and environmentally sound manner throughout the state. The
legislature finds and declares that current law and regulations have not
always achieved this purpose. A large percentage of solid waste is
transferred and transported over water as well as by container truck.
Some type of cover is necessary to protect against the spillage of waste
and emission of odors during its transfer and transportation. The
legislature further finds and declares that legislation is necessary to
remedy this situation by requiring the responsible parties to cover such
vehicles with devices which will accomplish the intent of this section.

2. A municipality or any individual, firm or corporation acting on its
behalf or any other individual, firm or corporation shall not cause or
permit any solid waste to be transported on any vehicle, barge, ship, or
scow unless the solid waste on the vehicle, barge, ship, or scow is
covered provided, however, that putrescible waste transported by rail
shall be covered with sealing hard lids in a manner not inconsistent
with Federal Railroad Administration regulations, and non-putrescible
waste shipped by rail shall be covered with hard tarping securely
fastened over the load, which shall not exceed the height of the side of
the rail container, in a manner not inconsistent with Federal Railroad
Administration regulations.

3. The department shall monitor and inspect such vehicles, barges,
ships and scows transporting solid waste on a regular basis to insure
that they are covered and in compliance with the provisions of this
section.