HomeMy WebLinkAboutP-0450 - Response of Orange County Government to Oiling of Roads Located within The Unincorporated Areas of Orange County - 10-16-1990 -XePOLICY FOR INSERTION INTO THE POLICY MANUAL
i~
MEETING DATE: October 16, 1990 NUMBER: P:0450
EFFECTIVE DATE: October 16, 1990 REVISIONS:
POLICY•
RESPONSE OF ORANGE COUNTY GOVERNMENT TO OILING OF ROADS
LOCATED WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY
All inquiries of and complaints made to county
government regarding road oiling shall be referred to the
county engineer, including inquiries from the general public,
the press or other employees and agencies of Orange County
government. The Sheriff and his deputies, if road oiling is
observed or if they observe that roads have been oiled, will
also notify the county engineer.
The county engineer, in consultation with the
Environmental Health Division of the Orange County Health
Department will gather as much data on the road oiling
incident as is available and immediately thereafter notify
the North Carolina Department of Environment, Health and
Natural Resources, Division of Environmental Management, of
the incident. The North Carolina Department of
Transportation will also be notified in all instances where
the road oiling has occurred or is occurring on state-
maintained roads.
It is the intention of this policy for Orange County to
provide the appropriate State agencies with the basis for
conducting investigations and enforcement actions concerning
road oiling in the unincorporated areas of Orange County if
appropriate and notifying federal authorities if appropriate.
The information reported by the county engineer is intended
to aid that investigation and enforcement process.
APPROVED 12/3/90 MINUTES
• ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
OCTOBER 16, 1990
The Orange County Board of Commissioners met in regular session
at 7:30 p.m. in the courtroom of the old Post Office in Chapel Hill,
North Carolina.
BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., and
Commissioners John Hartwell, Stephen Halkiotis, Shirley E. Marshall and
Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill
STAFF PRESENT: County Manager John M. Link, Jr., Assistant
County Manager Albert Kittrell, Deputy Clerk to the Board Kathy Baker,
Extension Director Fletcher Barber, Clerk to the Board Beverly A.
Blythe, Finance Director Ken Chavious, Planning Director Marvin Collins,
Housing Services Director Tara Fikes, Accountant Howard Fitts,
Administrative Officer I Richard Poole, and Social Services Director
Marti Pryor-Cook
I. BOARD COMMENTS
Commissioner Halkiotis referred to the Hillsborough Thoroughfare
Plan and asked the Clerk to obtain additional information on the
officially adopted map and the new map that is proposed by Hillsborough.
• II. COUNTY MANAGER'S REPORT
John Link introduced the new Personnel Director Elaine Holmes.
He announced that Orange County employees raised $13,700 for
United Way. Also, last evening at the Orange County Board of Education
meeting, the modified plan for the Efland Cheeks Community Center and
Park was well received. It is expected to be approved at their next
meeting. John Link announced that Tara Fikes has been appointed to the
Board of Directors of the North Carolina Low Income Housing Coalition.
Tomorrow the Transportation Advisory Committee will meet at 9:00 a.m.
to address the Thoroughfare Plan.
To again reaffirm the Board's position, a motion was made by
Commissioner Willhoit, seconded by Commissioner Hartwell to restate the
Board's position of opposing the Durham-Chapel Hill-Carrboro
Thoroughfare Plan and in particular the Outer Loop.
VOTE: UNANIMOUS
Discussion ensued on the watershed standards approved by Durham
County.
III. ADDITIONS OR CHANGES TO THE AGENDA
A resolution for Economic Development Funding by the General
Assembly was added to the agenda as 6-A.
• IV. AIIDIENCE COMMENTS
~~ .
8
• the following policy (policy #450 in the Commissioners' Policy Manual):
POLICY•
RESPONSE OF ORANGE COUNTY GOVERNMENT TO OILING OF ROADS LOCATED WITHIN
THE UNINCORPORATED AREAS OF ORANGE COUNTY
All inquiries of and complaints made to county government
regarding road oiling shall be referred to the county engineer,
including inquiries from the general public, the press or other
employees and agencies of Orange County government. The Sheriff and his
deputies, if road oiling is observed or if they observe that roads have
been oiled, will also notify the county engineer.
The county engineer, in consultation with the environmental
Health Division of the Orange County Health Department will gather as
much data on the road oiling incident as is available and immediately
thereafter notify the North Carolina Department of Environment, Health
and Natural Resources, Division of Environmental Management, of the
incident. The North Carolina Department of Transportation will also be
notified in all instances where the road oiling has occurred or is
occurring on state-maintained roads.
It is the intention of this policy for Orange County to provide
the appropriate State agencies with the basis for conducting
investigations and enforcement actions concerning road oiling in the
unincorporated areas of Orange County if appropriate and notifying
federal authorities if appropriate. The information reported by the
county engineer is intended to aid that investigation and enforcement
process.
VOTE: UNANIMOUS.
F. PROPOSED AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS
AND PRIVATE ROAD STANDARDS
Proposed amendments to Sections IV and V of the Orange County
Subdivision Regulations and to the Orange County Private Road Standards
are intended to clarify situations where private roads are appropriate
and to emphasize that County involvement with a private road ends once
it is constructed and certified to meet County standards. All
amendments will be incorporated into the Subdivision Ordinance.
Motion was made by Commissioner Marshall, seconded by
Commissioner Halkiotis to approve the proposed amendments per the
Planning Board recommendation, with the addition of clarifying language
to Section IV-B-3-d-i.i.a as recommended and to make the effective date
of the proposed amendments December 3, 1990.
VOTE: UNANIMOUS
• G. CLARIFICATION OF CHARGE AND COMPOSITION OF THE CABLE TV
7
•
Health and Human Services and the North Carolina Department
of Human Resources, and the budget contained herein.
Section 3. The following revenues are anticipated to be available to
complete this project:
Intergovernmental -
Repatriation Program Reimbursements $ 25,000
•
•
Section 4. The following amounts are appropriated for this project:
Human Services -
Repatriation Program
$ 25,000
Section 5. The finance officer is hereby directed to maintain within the
Grant Project Fund sufficient specific detailed accounting
records to provide the accounting to the grantor agency
required by the grant agreement and federal and state
regulations.
Section 6. Funds may be advanced from the General Fund for the purpose
of making payments due. Reimbursement requests should be
made to the grantor agency in an orderly and timely manner.
Section 7. Copies of this grant project ordinance shall be made
available to the finance officer for direction in carrying
out this project.
Section 8. This ordinance shall be in effect from October 16, 1990
through June 30, 1991.
VOTE: UNANIMOUS
D. 1991-92 BIIDGET PIIBLIC FORIIM
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Marshall to approve setting a public hearing for November
20, 1990 at a meeting scheduled for 7:30 p.m. in the Superior Courtroom
in Chapel Hill.
VOTE: UNANIMOUS
E. SOLID WASTE LITTER DIIRING TRANSPORTATION
VEHICLE SAFETY
OILING OF PIIBLIC ROADS
With regard to the solid waste litter during transportation
and vehicle safety, the Board gave their endorsement and support of the
Sheriff and his deputies in their enforcement activities. A letter will
be sent to the Orange County Division of the North Carolina Highway
Patrol and the North Carolina Division of Motor Vehicles for
encouragement of their continued assistance and help in ensuring that
only safe vehicles travel the roads of Orange County.
With regard to the oiling of public roads, motion was made
by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt
.;
O RAN G E C O II N T Y
. BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: OCTOBER 16, 1990
Action Agenda
Item # ~_
SUBJECT: SOLID WASTE LITTER DURING TRANSPORTATION; VEHICLE SAFETY;
OILING OF PUBLIC ROADS
DEPARTMENT: COUNTY MANAGER,
ATTORNEY AND SHERIFF
PIIBLIC HEARING: Yes X No
ATTACHMENT(S): INFORMATION CONTACT:
MANAGER'S OFFICE, EXTENSION 2300
GEOFFREY GLEDHILL (732-2196)
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE:
•
BACKGROUND:
RECOMMENDATION:
To respond to concerns expressed by members of the
Board of Commissioners with regard to the following:
1. Litter and debris flying or falling from trucks
transporting solid waste to the County landfill;
2. The unsafe condition of trucks transporting
materials to and from the landfill;
3. Oiling of public roads located within the
unincorporated areas of Orange County.
See attached report from County Attorney Geoffrey
Gledhill.
See attached report from County Attorney Geoffrey
Gledhill.
1
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_ J1_
• }
COLEMAN, BERNHOLZ,
BERNHOLZ, GLEDHILL &HARGRAVE
ATTORNEYS AT LAW 2
•129 E. TRYON STREET •
P.O. DRAWER 1529
HILLSBOROUGH, NC 27278
919-732-2196
919-942-8000 October 10 , 19 9 0
FAX 919-732-7997
CHAPEL HILL OFFICE
SUITE 300, THE CENTER
1506 E. FRANKLIN STREET
CHAPEL HILL, NC 27514
919-929-7151
FAX 919-929-3892 MOSe3 Carey, Jr. , Chairman
ALONZO B. COLEMAN, JR. Stephen Halkiotis
STEVEN A. BERNHOLZ John Hartwell
ROGER B. BERNHOLZ
GEOFFREY E. GLEDHILL Shirley E . Marshall
DOUGLAS HARGRAVE DOn Wlllholt
G. NICHOLAS HERMAN
KIM K. STEFFAN Orange County Board of Commissioners
10E L. WEBSTER
TERRY G. HARN POSt Office BOX 8181
JANET B. DUTTON Hillsborough, North Carolina 27278
Of Counsel
BONNER D. SAWYER Re: Solid Waste Litter During Transportation;
(1902 - 1972)
Vehicle Safety; Oiling of Public Roads
Dear Board Members:
This letter is to report to you the outcome of a •
• meeting held on September 28, 1990 attended by John
Link, Sheriff Pendergrass, Major Truelove and myself.
This meeting was prompted by concerns expressed by
members of the Board of Commissioners and by Orange
County staff about:
1. litter and debris flying or falling from
trucks transporting solid waste to the County landfill;
2. the unsafe condition of trucks transporting
materials to and .from the landfill;
3. oiling of public roads located within the
unincorporated areas of Orange County.
During the September 28, 1990 meeting Sheriff
Pendergrass and Major Truelove outlined the work
presently being done by the Sheriff's Department about
the areas of concern.
With respect to solid waste problems caused by
littering and debris flying from vehicles transporting
solid waste to the landfill, the Sheriff is now and has
been involved in enforcement activities. The Sheriff
and his deputies respond to complaints of violations
• and routinely cite violators seen during patrol.
•
3
Orange County Board of Commissioners
Page 2
•
October 10, 1990
Enclosed is a copy of a sample warning citation together with
internal memoranda detailing this activity.
In addition, repeat offenders are treated more harshly,
particularly private solid waste haulers. The Sheriff has, on
occasion, had repeat-offender problems with private haulers. In
those cases he has met with the owners of the company whose
trucks are repeatedly at fault in what can best be described as a
meeting in the "woodshed." The Sheriff reports that these
meetings have been productive and problems with these haulers
have ceased. Also, the Sheriff and his deputies regularly check
Q all greenbox sites in Orange County for violations and violators.
There are still problems. But, enforcement activities are
~ ongoing. In that regard it is recommended that the Board endorse
and support enforcement activities by the Sheriff and his
deputies and that an overture be made to the Orange County
Division of the North Carolina Highway Patrol for the support and
x help of the officers of the Highway Patrol in this enforcement
s` effort.
~
With respect to vehicle safety violations, the Sheriff and •
a his deputies routinely cite violators during routine patrol. The
Sheriff will also respond to complaints concerning vehicle safety
violations. Again, it is recommended that the Board endorse and
v support the efforts of the Sheriff and his deputies in enforcing
y vehicle safety regulations. It is further recommended that
5 contact be made with the Orange County Division of the North
Carolina Highway Patrol and the North Carolina Division of Motor ~
Vehicles for encouragement of their continued assistance and help
m in ensuring that only safe vehicles travel the roads of Orange
Z County.
With respect to oiling of public roads, enforcement
responsibility is not as clear. This is so because the problem
may differ depending on the substance used in the road oiling,
the location of the road oiling and other factors. The North
Carolina Department of Transportation has responsibility for all
.public roads in Orange County outside the corporate limits of the
municipalities within the County. Responsibility for enforcement
of the various State solid waste laws in North Carolina impacted
by road oiling is generally vested in the North Carolina
Department of Environment, Health and Natural Resources.
Further, the Sheriff reports that his office has never received a
complaint concerning road oiling and has never been requested to
do anything about road oiling. For these reasons and others it
• is the recommendation of the Sheriff, the Manager and myself that
the County adopt the following policy with respect to road •
oiling:
•
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Orange County Board of Commissioners
Page 3
October 10, 1990
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1. All inquiries of and complaints made to County
government regarding road oiling shall be referred to the County
engineer, including inquiries from the general public, the press
or other employees and agencies of Orange County government. The
Sheriff and his deputies, if road oiling is observed or if they
observe that roads have been oiled, will also notify the County
engineer.
2. The County engineer will get as much data on the
incident as is available and immediately thereafter notify the
North Carolina Department of Environment, Health and Natural
Resources, Division of Environmental Management, of the incident.
The North Carolina Division of Motor Vehicles will also be
notified in all instances where the road oiling has occurred or
is occurring on State maintained roads.
The information reported by the County engineer will provide the
appropriate State agencies with the basis for conducting
investigations and enforcement actions if appropriate and
notifying federal authorities if appropriate.
In conclusion, the environmental and safety problems that
have been identified here are in part being addressed and in part
need more work. On the County level, enforcement activities will
continue. This should be encouraged and supported. Help from
State agencies where State agency activities and enforcement
efforts overlap should be encouraged. Further cooperation should
be solicited. With respect to those matters for which only state
oversight and enforcement is appropriate, the County, through its
engineer, can provide a reporting service to aid state efforts.
Very truly yours,
GEG/lsg
Enclosures
xc: Marvin Collins
John M. Link,
Sheriff Lindy
Jr.
Pendergrass
Gledhill
•
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WARNING CITATION FOR LITTERING FROM OCSD
STATE OF NORTH CAROLINA VS:
S
•
EFENDANT
CURRANT ADDRESS
•
•
•
•
THE UNDERSIGNED OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT ON OR ABOUT
AM PM, THE DAY OF 199 ,
IN ORANGE .COUNTY, THE NAMED DEFENDANT DID UNLAWFULLY AND WILLFULLY OPERATEr~,
A VEHICLE ON A STREET OR HIGHWAY IN VIOLATION OF 130-294.
.0105 COLLECTIO\ A:~D TRA\SPORTATIO\ OF SOLID \\'ASTE .
(a) The solid waste collector shall be responsible for the satisfactory collection and transportation of
^ all solid ~~•aste to a permitted disposal sift or facility.
(b) The solid ~~~aste collector shall transport to a site or facility only those solid ~•astes which the site
^ or facility is permitted to recei~•e.
(c) Vehicles or containers used for the coLectior~ and transportation by ~•hatever means, including
but not limited to, higlt~~•ay, rail, and na~-ieablc ~~-aten~•ay, of garbage, or refuse containing garbaec, shall
be co~~ered, leakproof, durable, and of easily' cleanable construction. These shall be cleaned as often
^ as necessary' to prevent a nuisance or insect breeding and shall be maintained in good repair.
(d) Vehicles or containers used for tf~e collection and transportation of any solid ~~~aste shall be loaded
and mo~'ed in such a manner that the contents «'ill not fall, leak, or spill, and shall be covered when
necessary' to keep contents dr)• and to pre~•ent blo~~'ing of material. lC spillage should occur, the material
shall be picked up immediatel~• b~• the solid ~~'aste collector and returned to the vehicle or container and
the area shall be properly cleaned.
Hiltort~ .'Fate: Statutory Authorir~~ G.S. 130A-29a;
£Jf. April /, /981:
Amended £jf. Februa-}~ 1, 1988.
Officer No. - ZonelTroop ist. ^ N.C. Patrol
~ Police
Area Wea. Vis. Traffic Accident yy;t Chemical Analyst
On Highway No./Street In vicinity/City of AVNear Intersection
Drivers License No. State Type Race Sex Date of Birth
Vehicle License No. State Make Type Year Speed
OFFICER
DATE
LINDY PENDERGRASS
Sheriff of Orange County
i~
T o : A.P.e Pa~.o.~ P era o nne.~
From: Shen,i.bb Pendeh.gna~~s
Re: L,it-te~u.ng On Roadways 14-399
Fa-i.ewce To Secwce Loadb 20-116(g)
date: June 14, 19 8 9
Office Phone: Hillsborough 732-2431
Chapel Hill 942-6300 •
Residence Phone: 929-5535
Ab peJc Depcvrtmenta~ Pa.Q,c:.cy and phev~.aru5 mema'.~, a,ZC Obb.icerv~ w.c,P.2,
when .they w.ctne~5~5 on have pnabab.Ce cauae .thrcaugh .inve~.t.LgcLti.on ~o
be.P.,ieve ghat anyone .vs ne,~porv5.ib~.e ban .P.it~en,ing, e.ithe~. over~t2y an
by ba.i,2une ~o pnapetcey covet any .toad, neJ,u,et,ing .in deb being
.r/i,~tened a.Long .the n.aadwayd ab Orange County, w.c.P~ no.ti_by ~he.iJr.
_ Supenv.v~arc then ~:he Deputiy and Supenv.i~an w.i.P.L ~afte appn.op~,a~e action.
Th.i,6 ac.,tion .ahou.Cd .inc,eude either. velcba.L on written wann,Lng~ and i
S citati.on/~ bon 14-399 (L.itteh.ing) on Fa,iewr.e To Secure Laad 20-1 16 (g) .
A.22 ~inci.den~s ~hau.~d be documented by an OCSD .incident nepont. Specia.~
attention ~hou.Ld be p.2.aced an con,a~nucti.an (dumj~) ~.ucFz.a a~ang Srn.cth
Leven Raad, M~. Ca~une~ Church Road, Joneh Fervuy Raad and Gneerusbono
Highway. W~c,ctten walcn.ing~ and ci,tati.on/~ dha.P.2 be bo~cwanded .to Majan
Tnue.Love bon h.~s appnova,e..
LP/nb
• •
6
Hillsborough, North Carolina, 27178
LINDY PENDERGRASS
Sheriff of Orange County
~I~
Office Phone: Hillsborough 732-2431
Chapel Hill 942-6300
Residence Phone: 929-5535
To: A.P.t? Pat~co.~ ~epu~tc:ea
nom: Maj on Tnue.~ove
Re: (Uanru.ng C~ita~.Lon,a Fon L.ctte~c,i.n.g That Ia C~.v.c.~
Gc,imi.nu,e C hang ea F on L.cttening
Date: Judy 5, 1990
you may u.6e a wah.ru:ng citation when you o6aenve ~cu.cFr,~ who cute
.P.itten.i.ng 6y no.t aecwci.ng ~h.e.uc..goad pnopen,ey. Th,ia ~o~un bhoc~d
only 6e a tUARNING CITATION.
you may cha~.ge aomeone with. the C~.v.ce L.ctteuci.ng v~.o.ea~,ion bud
you need ~a aee a C.CenFi on. Mag.ia#icate ~o mafie ~h.at chcvcge.
You may a.P~o chatcge unde~c G.S. 14-399 wh,~ch .ca unde7c. chim.~-1ae
.eaw.
VRT/n~
7
Hillsborough, North Carolina, 27278
u
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1` ,~ .
1
O R A N a E C O II N T Y
BOARD OF COMMIBBIONERS
ACTION AQENDA ITEM ABSTRACT
Meeting Date: OCTOBER 16, 1990
Action A ends
Item ~
SUBJECT: SOLID WASTE LITTER DURING TRANSPORTATION; VEHICLE SAFETY;
OILING OF PUBLIC ROADS
DEPARTMENT: COUNTY MANAGER, PIIBLIC HEARINt3: Yes X No
ATTORNEY AND SHERIFF
ATTACHMENT(S)! INFOR1riATION CONTACT:
MANAGER'S OFFICE, EXTENSION 2300
GEOFFREY GLEDHILL (732-2196)
TELEPHONE NIIMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To respond to concerns expressed by members of the
Board of Commissioners with regard to the following:
1. Litter and debris flying or falling from trucks
transporting solid waste to the County landfill;
BA{CRiiROIINI9:
RECOMMEN"~~~i'IONs
•
2.
3.
The unsafe condition of trucks transporting
materials to and from the landfill;
Oiling of public roads located within the
unincorporated areas of Orange County.
..~y~.
.. `R
.. ..
. _ ,.
See attached. r~ t r~ ; Co~~nf.~~ ~ A. ._ , ~" ~ 3'x3
~ 1~ vtorney-~~~~ f.i~,xey
Gledhill : ~,: .9 _,~ ; _. ,_ - , Y~ ~ .,~x
,~
..~
,See attached report from County. Attorney~Ge~£frey
Gledhill.
0 nge
Page 3
October
r
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s~ ~~
~ ~t ~ ~~ ~~r~~~
w, ~'~''!
County Board o
10, 1990
Commissioners
4
1. A inquiries of and complaints made to County
governmen regarding road oiling shall be referred to the County
engineer, including inquiries from the general public, the press
or other employees and agencies of Orange County government. The
Sheriff and his deputies, if road oiling is observed or if they
observe that roads have been oiled, will also notify the County
engineer.
2. The County engineer will get as much data on the
incident as is available and immediately thereafter notify the
North Carolina Department of Environment, Health and Natural
Resources, Division of Environmental Management, of the incident.
The North Carolina Division of Motor Vehicles will also be
notified in all instances where the road oiling has occurred or
is occurring on State maintained roads.
The i3iformation reported by the County engineer will provide the
appropriate State agencies with the basis for conducting
investigations and enforcement actions if appropriate and
notifying federal authorities if appropriate.
In conclusion, the environmental and safety problems that
have been identified here are in part being addressed and in part
need more work. On the County level, enforcement activities will
continue. This should be encouraged and supported. Help from
State agencies where State agency activities and enforcement
efforts overlap should~be encouraged. Further cooperation should
be solicited. With respect to those matters for which only state
oversight and enforcement is appropriate, the County, through its
engineer, can provide a reporting service to aid state efforts.
GEG/lsg
Enclosures
xc: Marvin Collins
John M. Link,
Sheriff Lindy
Very truly yours,
Jr.
Pendergrass
Gledhill
•
•
1 •
•
•
Orange County Board of Commissioners
Page 2
October 10, 1990
Enclosed is a copy of a sample warning citation together with
internal memoranda detailing this activity.
3
In addition, repeat offenders are treated more harshly,
particularly private solid waste haulers. The Sheriff has, on
occasion, had repeat-offender problems with private haulers. In
those cases he has met with the owners of the company whose
trucks are repeatedly at fault in what can best be described as a
meeting in the "woodshed." The Sheriff reports that these
meetings have been productive and problems with these haulers
have ceased. Also, the Sheriff and his deputies regularly check
all greenbox sites in Orange County for violations and violators.
Ther are still problems. But, enforcement activities are
ongoing. it is recommended that the Board endorse
and supp t enforcement activities by the Sheriff and his
deputies and that an overture be mdde to the Orange County
Division of the North Carolina Highway Patrol for the support and
help of the officers of the Highway Patrol in this enforcement
effort.
ith respect to vehicle s 'ons the Sheriff and
his deputies r ine y cite violators during routine patrol. The
Sheriff will also respond to complaints concerning vehicle safety
violations. Again, it is recommended that the Board endorse and
support the efforts of the Sh riff and his deputies in enforcing
vehicle safety regulations. ~~ is f~ recommended that
contact be made with the Ora ge County Division of the North
Carolina Highway Patrol and the North Carolina Division of Motor
Vehicles for encouragement of their continued assistance and help
in ensuring that only safe vehicles travel the roads of Orange
County 1
With respect to oiling of public roads, enforcement
responsibility is not as clear. This is so because the problem
may differ depending on the substance used in the road oiling,
the location of the road oiling and other factors. The North
Carolina Department of Transportation has responsibility for all
public roads in Orange County outside the corporate limits of the
municipalities within the County. Responsibility for enforcement
of the various State solid waste laws in North Carolina impacted
by road oiling is generally vested in the North Carolina
Department of Environment, Health and Natural Resources.
Further, the Sheriff reports that his office has never received a
complaint concerning road oiling and has never been requested to
do anything about road oiling. For these reasons and others it
is the recommendation of the Sh the Manager and myself that
the CQUnty adoyt the followin olic 'th respect to road
.F
C~
•
.~~?'~
` +,
WARNING CITATION FOR LITTERING FROM OCSD
STATE OF NORTH CAROLINA VS:
DEFENDANT
CURRANT ADDRESS
5
THE UNDERSIGNED OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT ON OR ABOUT
AM PM, THE DAY OF 199
IN ORANGE .COUNTY, THE NAMED DEFENDANT DID UNLAWFULLY AND WILLFULLY OPERATE -~,
A VEHICLE ON A STREET OR HIGHWAY IN VIOLATION OF 130-294.
.0105 COLLECTIO\ A'~D TRA\SPORTATIO~ OF SOLID \~'ASTE .
(a) The solid waste collector shall be responsible for the satisfactor}• collection and transporiation of
^ all solid ~•aste to a permitted disposal silt or facilit~•.
(b} .The solid ~raste collector shall transport to a site or facility only those solid wastes which the site
^ or facilit}• is Permitted to recei~•e.
(c) Vehicles or containers used for the coL'cction and transportation by whatever means, including
but not limited to, higlt~~'a}•, rail, and na~-ieablc ~~•atcn~•a}•, of garbage, or refuse contacting garbage, shall
be co~•ered, leakproof, durable, and of easil}~ cleanable construction. These shall be cleaned as often
^ as necessary' to prevent a nu,sance or insect breeding and shall be maintained in good repair.
(d) Vehicles or containers used for the collection and transportation of any solid waste shall be loaded
and mo~•ed in such a manner that the contents ~~'ill not fall, leak, or spill, and shall be covered when
necessar~~ to keep contents dr}• and to Pre~•ent blo~~'ing of material. If spillage should occur, the material
shall be picked up immediatel~• b}• the solid ~~•aste collector and returned to the vehicle or container and
the area shall be properly cleaned.
History ,'Vote: Statwory Authoriq~ C.S. I30A-294;
Ejf. Apri! 1, 1982;
Amended Ejf. February 1, 1988.
fJtflcer No. 2one/Troop ist. ^ N.C. Patrol
^ Police
Area Wea. Vis. Traffic Accident Wit. Chemical Analyst
On Highway No./Street In vicinity/City of AVNear Intersection
Drivers License No. State Type Rece Sex Date of Birth
Vehicle License No. State Make Type Year Speed
;' .
,r ..._
I ..~. 1
LINDY PENDERGRASS
Sheriff of Orange County
6
Hillsborough, North Carolina, 27178
.i
T a : A.P.e Pa~co.~ P enb o nne~
Priam: Sheni.bb Pendengn.aad
Re: L.ctteh,i.ng Un Roadways 14-399
Fa-i,ewce To Secune Loads 20-116(g)
~a~e: June 14, 1989
Office Phone: Hillsborough 732-2431
Chapel Hill 942-6300
Residence Phone: 929-5535
Ad pen 17epantmenta,e Pa.P.i..cy and pnev~.aud mema'.b, a.P,e Ubbticerv~ w.c,Ze,
when they w.ctnea~ orc have pnabab.Ce cauae ~hnaugh ~.nveJ~~i.ga~i.on ~o
6e~,i.eve ~ha~ anyone -cis nebpon/~~.b.~e bun .~itteni.ng, either ovent,Ly an
by ba.ieune ~o pnopen,ey coven any ..Load, ne~u.P,ti.ng ~.n deblu,6 be,Lng
.2,c.~tened a.Cong .the noadway~ ab Unange`Caurrty, w.c,~ no~,i.by .the,vc
Supenv.uson then .the Veputy and Supenv.ci~an w.c,P,e ~afze appnop.ia~e acti.an.
Th.i,a acti,an dhou,Cd ~.nceude e,ithen vercba.!' an. w~utten wanning~ and
c,itaxi.orvs boh 14-349 (L.itten.ing) on Pa.c,eu7ce: _To' Secwce Laad 20-1 1 b (g) .
A.P.L .incldent~s ~hou.~d be dacumented by an UCSD ~.ncc:dent nepo~ct. Spec i..a~
attenti.an bhou.Ld be p.ea.ced an con,~~cuc~.i.on (durnn) ~.ucfza along Srn.cth
Leve.C Raad, Mz. Ca~une~C Church Road, Jones Fenny Raad and Gneervsbono
H~.ghway. Glnit~en wann.i.n.g~ and' cita~,i,orv~ ~ha.?.e be bo~cwanded .to Ma1an
Tnue,2ove bon h.i,a appnova.L.
LP/rib
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LtNDY PENDERGRASS
Sheriff of Orange County
To: Abe Path.o.L Deputi.e6
Fnom: Ma1on Tnue.eove
Hillsborough, North Carolina, 27278
Office Phone: Hillsborough 732-2431
Chapel HiN 942-6300
Residence Phone: 929-5535
Re: Glan-ti%ng C.itct~,i.ond Fon L.c~teni.n.g That Ia C~.v.c,e
C~,c,m.in.cte Changed F on L.ctteJu,ng
Dade: Duey 5, 1990
you may ude a wanni.ng c.~.tati.on when you ob.aenve ~icu.ckd who cute
~,itten.i.ng by nod .dec.u~ci.ng ~hei~c .goad pnopeney. Th.id ~onm .dhoued
o-tiey 6e a fUARNING CITATION.
you may change someone w.cth the C.i.v.i.C L.ctten.i.n.g v~.o.eati.on bc~t
you need ~o aee a C~.enk on Mag.ca~~c.ate ~o make ghat change.
you may a.edo chalcge under. G.S. 14-399 wh~.ch .c.d under c~cir-u-~.a,e
.eaw.
DRT/n~
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