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HomeMy WebLinkAboutORD-2001-031 Regulated Recyclable Materials Ordinance (2) Beveny Blythe.-,oidinancedraM. AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF REGULATED,RECYCLABLE MATERIAL IN ORANGE COUNTY SECTION L FINDINGS. Orange County,North Carolina does hereby find that: Orange County has heretofore adopted ordinances governing the storage, transportation, and recycling of solid waste within the unincorporated sections of County;and Orange County owns and operates solid waste management facilities as a public enterprise to protect the citizens of Orange County and the environmental health both within the unincorporated areas of the County and within the municipalities in Orange County;and Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane have heretofore adopted and followed separate ordinances for the regulation of solid wastes within their respective jurisdictions;and Siting and permitting of construction and demolition landfills and sanitary landfills has become increasingly difficult; the disposal of solid waste and construction and demolition waste has become increasingly more expensive; and construction and demolition waste continues to be disposed of through open burning, adding to the increasing air pollution problem within the County;and Units of local government are charged by the legislature in N.C.G.S. § 130A-309.09A(b) to make a good faith effort to achieve the State's forty percent (40%) municipal solid waste reduction goal by the year 2006;and Orange County has committed itself to recycling recyclable materials, including construction and demolition waste,as part of its own solid waste reduction goal of 61%by the year 2006;and Construction and demolition waste constitutes approximately one-third(1/3)of the overall solid waste stream delivered to the Orange County Landfill,at least fifteen percent(15%)of which is readily recoverable for purposes of recycling, secondary-market salvage, or re-integration into existing or subsequent projects;and Orange County has the legal authority under State law, including but not limited to N.C.G.S. § 153A-136, § 153A-445,and§ 130A-309.09B, to enact regulations with respect to the disposal of solid waste including recyclable material,land-clearing debris that is not sold as timber or chipped for use onsite or sale, and to provide reasonable penalties and other provisions for the enforcement thereof, NOW THEREFORE be it ordained by Orange County as follows: SECTION H. PURPOSE AND APPLICATION. The purpose of this ordinance is to regulate the storage, collection, transportation, use, disposal and,other disposition of regulated recyclable material in Orange County. This ordinance is adopted pursuant to the authority contained in N.C.G.S. §§ 153A-121, 123, 132.1, 136,274- Bever! BI he- ordinancedraft16ado ted-clean.doc 278, 291-293, 445, and N.C.G.S. §§ 130A-309.01-309.08, 309.09A, 309.09B, 309.09C, 309.09D. Unless otherwise indicated, this ordinance pertains to all solid waste activity in Orange County. SECTION III. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL; NO OPEN BURNING OF SOLID WASTE. 1. Regulated recyclable material includes recyclable construction and demolition material,ferrous and nonferrous scrap metal other than recyclable construction and demolition material, pallets, corrugated cardboard,and other materials as may be designated as such by amendments to this ordinance.' 2. All regulated recyclable material generated in Orange County shall be recycled(1)unless doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated recyclable material is attached to other material, including other regulated recyclable material, in a way that it is not reasonably possible to separate the regulated recyclable material into its constituent parts or from non regulated recyclable material. It is a violation of this ordinance for any person to dispose of regulated recyclable material except as permitted in this ordinance. { 3. Regulated recyclable material shall be disposed of through (1) delivery to a recyclable waste center, (2)delivery to a licensed collector of regulated recyclable material, (3)reuse,(4) sale or (5) other means that allow for the safe recycling of the material. Regulated recyclable material shall be separated from other solid waste unless delivered to a Commingled Recycling Facility certified as such in the manner provided for in this ordinance. 4. No person shall discard, dispose of, leave or dump any regulated recyclable material on or along any street or highway or on public or private property, unless such material is placed in a receptacle,placed at a location designated by the County, Carrboro,Chapel Hill,Hillsborough or Mebane for the deposit of regulated recyclable material, or otherwise placed in possession and control of a licensed collector of regulated recyclable material. 5. Transporting or accepting for transport any regulated recyclable material for purposes of disposal as solid waste or treatment in a manner inconsistent with this ordinance constitutes a violation of this ordinance 6. Any person collecting or transporting regulated recyclable material for purposes of disposal at an approved disposal site must do so in a manner that prevents this material from escaping that vehicle or container used for the collecting or transporting. Additional materials may be added to the list of regulated recyclable materials,including but not limited to: aluminum, drink boxes, kraft paper, glass bottles and jars, magazines, used motor oil, newspaper, office paper, scrap paper, plastic bottles including milk jugs, soda bottles, steel and tin cans, telephone directories, food waste when exclusively source-separated for composting, non-reusable wood waste, drywall. 2 8everly Blythe- ordinancedraftl6adopted-ciean:doc Pa e 3 9.......::; 7. No person may dispose of solid waste through open burning in Orange County. 8. No person may contaminate regulated recyclable materials so as to make them unrecyclable. SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. 1. Any facility accepting regulated recyclable materials,commingled with other solid waste(hereafter "commingled regulated recyclable materials')originating from within Orange County,must be certified as an approved Commingled Recycling Facility. Any person wishing to dispose of commingled regulated recyclable materials originating from within Orange County may only do so by delivery to a facility which has been certified as an approved Commingled Recycling Facility. In order to be certified as an approved Commingled Recycling Facility, the facility must submit documentation to the Department exhibiting the following: A. a valid North Carolina(1)Solid Waste Landfill,(2)Processing and Recycling,or(3) Composting Facility permit;and B. One of the following: (1) the technical ability to separate and market all those materials required by this ordinance to be recycled by Orange County,or (2) a documented performance of at least 30% recycling of all materials that the Facility accepts. Inert debris shall be excluded from the material accepted and from the material recycled in the recycling performance calculation. 2. Certification. A. A Facility complying with the above requirements shall be certified as an approved Commingled Recycling Facility by the Department. This certification will be valid for one year from the date of approval by the Department and must be renewed annually. B. If the certification application does not meet the requirements of this ordinance,the notification of denial shall state the reasons that the application was denied. If the Department denies certification pursuant to this Section, the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the certification or affirming the denial of the certification. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (S) working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing, including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the applicant is deemed certified. If the Orange County Manager remands to the Department Director,the remand decision shall direct the matters to be reconsidered by the Department Director on remand. SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE 3 ncedraft16adop "-' .Bever{y Blythe:- MATERIAL. 1. Any person collecting or otherwise hauling regulated recyclable material within the County in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater must obtain a regulated recyclable material collection license ( RM license'). Each vehicle used by the licensed collector or hauler must be registered with the Department. 2. Applications for an RM license shall be filed with the Department on forms furnished by Orange County. All applications must be accompanied by a processing fee for each vehicle that will collect regulated recyclable material. The amount of the fee will be set by the Board annually with the adoption by the Board of the annual budget ordinance of Orange County. The applicant shall furnish the following information: A. Name and address of the applicant and the applicant's business name B. A list of the equipment possessed, available, or otherwise to be used by the applicant in regulated recyclable material collection,including motor vehicle license tag numbers; - C. Liability insurance coverage,proved by providing the Department, at the time that the license is applied for, a certificate of insurance showing coverage in effect at the time of application; D. Name and location of facilities where collected regulated recyclable materials are to be delivered. 3. Before issuing a license pursuant to this section, the Department may inspect or cause to be inspected all facilities and equipment the applicant plans to use in the regulated recyclable material collection business. Vehicles and containers used in the collection and transportation of regulated recyclable material shall be covered, durable, and easily cleaned. They shall be cleaned as often as necessary to prevent a nuisance and insect breeding and shall be maintained in good repair. Vehicles shall display, in numbers at least three (3) inches high, the county license number of the licensee and the license sticker issued by the Solid Waste Management Department. 4. Issuance of license. A. The Department may issue the applicant a RM license only when it is found that the applicant's facilities, equipment, insurance coverage and proposed operating methods are in compliance with this ordinance and the applicable rules of the Department which implement this ordinance and that are consistent with it and that the applicant will perform regulated recyclable material collection and disposal in a mariner consistent with this ordinance.A condition of the RM license shall be that the licensee shall serve every person in such a manner that the RM licensee does not cause the person served to be in violation of this ordinance. B. If the RM license application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM license,the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the license or affirming the denial of the license. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5) working days of 4 ...................... :,:Bev:.::::. .._..... ........ ... .............................................:......................... ................................................................................. :.:::::::::::.:..::.......::.::.:,..........:::::.:::::::::.:::::.::::::.:::::::..:::::.:.:..:::.:::.:............................................................................................................... ........................................:.:::::,......::.:::: ordinancedraftl6adopted-clean.doc Pa e 5 9 receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing,including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the license is deemed issued. If the Orange County Manager remands to the Department Director, the remand decision shall direct the matters to be reconsidered by the Department Director on remand. C. A license shall be valid for a period of one year from the date of issuance. 5. With each license renewal application, a RM licensee shall submit report to the Department containing the following information: A. New and replacement equipment; B. Identity of all equipment no longer in use by licensee that was listed in original application for RM license; C. Total amount of regulated recyclable material collected by type and amount;and D. The locations to which the regulated recyclable material was delivered. 6. No RM license issued pursuant to this ordinance is assignable. 7. Violations of this ordinance involving collectors of regulated recyclable material include: A. Collecting or otherwise hauling regulated recyclable material within the County in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater without a valid RM license constitutes a violation of this ordinance. B. Regulated recyclable material which is to be delivered to an approved Commingled Recycling Facility may be commingled so long as all of the material in a given container is to be delivered to that Facility. Otherwise,placement of regulated recyclable material into any solid waste container, including the solid waste compartment of a collection vehicle, for any length of time,constitutes a violation of this ordinance. C. Transporting or accepting for transport any regulated recyclable material that has not been separated for purposes of recycling, or which has been commingled with non-regulated recyclable material or solid waste,unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility constitutes a violation of this ordinance. D. Repeated violations of this ordinance may result in RM license suspension or revocation as provided in this ordinance. SECTION VI. PERMITS FOR THE MANAGEMENT OF REGULATED RECYCLABLE MATERIALS. 1. Any person applying for a building permit and/or a zoning compliance permit from any unit of local government in Orange County authorized to issue such permits, shall, prior to applying for such permits and before construction, demolition, land clearing or other preparatory activity commences, make application to the Department for a regulated recyclable material management permit(RM permit)for the management of regulated recyclable material. 2. The RM permit application shall provide estimates of the amount and types of solid waste to be generated by the project, the amount and types of regulated recyclable material to be generated by the project, whether the project requires demolition or deconstruction and the methods to be employed for disposal of the solid waste and regulated recyclable material generated by the project. 5 BeverlY..6lythe -ordinancedraft16adopted-clean.doc ::::,:::::::::::::::::::::::9::::::::. 3. Applications for a RM permit shall be filed with the Department on forms furnished by Orange County.All applications must be accompanied by a processing fee. The amount of the fee will be set by the Board annually with the adoption by the Board of the annual budget ordinance of Orange County. 4. The Department will review and,within ten(10)days,make a decision on the RM permit. The } applicant will then be notified of the Department's decision within two (2)working days after the decision is made. A. If the RM permit application meets the requirements of this ordinance, a RM permit will be issued to the applicant. The RM permit is good for,one year from the date of issuance unless the expiration date of the permit is extended by the Department prior to expiration of the RM permit, for good cause shown. The RM permit applies only to the project for which the application was made. The permit shall prescribe the permissible methods of disposal of regulated recyclable material. If the project requires demolition or deconstruction not resulting from condemnation under the North Carolina Building Code, the permit may direct a delay in demolition or deconstruction, not exceeding sixty (60) days from the issuance of the RM permit, in order for the Department to perform an assessment of whether and to what extent the structure to be demolished or deconstructed consists of regulated recyclable materials that can be reasonably recycled. B. If the RM permit application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM permit,the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the permit or affirming the denial of the permit. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5)working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing,including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the permit is deemed issued. If the Orange County Manager remands to the Department Director,the remand decision shall direct the matters to be reconsidered by the Department Director on remand. C. A permit shall be valid for a period of one year from the date of issuance. SECTION VII: ENFORCEMENT. The following shall pertain to violations of this ordinance: 1. Double Tip Fee. Any person disposing of regulated recyclable material at the Orange County Landfill in violation of this ordinance, in addition to being subject to the other remedies provided in this ordinance, shall pay, for the load or loads disposed of in violation of this ordinance,double the tip fee in effect at the time of the disposal. 2. Revocation of regulated recyclable material collection licensees. 6 Ord i n.doc A. When the Department finds that a RM licensee has violated a condition of the license,the licensee shall receive written notice of the violation and be informed that if the violation is not corrected or if another violation occurs within thirty (30)working days the RM license shall be revoked. Notice of the revocation shall be by written notice from the Department delivered or mailed by first class mail to the licensee. Delivery by first class mail shall be the method of delivery if the licensee cannot readily be served with the notice of revocation in person. Upon receipt of the revocation notice, the RM licensee shall stop collecting, transporting,or disposing of regulated recyclable material originating in Orange County. B. The Department may reinstate a RM license revoked for a violation of a permit condition after the revocation has been in effect for thirty (30)working days if the Department finds that the RM permit conditions causing the violation have been corrected. C. When the Department finds that a RM licensee has transported or accepted for transport any regulated recyclable material that has not been separated for purposes of recycling, or which has been commingled with non-regulated recyclable material or solid waste, unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility, the RM license shall be revoked for one year if: 1. the violation has occurred within thirty(30)days of another such violation, or 2. the violation is the fifth such violation to occur within one(1)year. The holder of a revoked RM license may reapply after one year of the date of revocation for a new license. Any person whose RM license was previously revoked and who subsequently received a new license will have that license revoked upon the receipt by that person of a single additional violation. 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred($500) dollars or imprisonment for not more than thirty (30) days, or both. Each day's continuing violation is a separate and distinct offense. Each violation is a separate and distinct offense. 4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil penalty of not to exceed five hundred ($500) dollars as provided herein and as authorized by N.C.G.S. § 153A-123. Each violation incident is a separate and distinct offense. The Department Director may issue to any person who or that has violated this ordinance, a citation giving notice of the alleged violation(s) and the civil penalty imposed. Citations so issued may be delivered or mailed by first class mail to the person violating this ordinance. Delivery of the citation by first class mail shall be the method of delivery if the person violating the ordinance cannot readily be served in person. The following civil penalties shall be assessed for each violation of this ordinance: (1) Failure to obtain a regulated recyclable material collection license. (2) Failure to recycle regulated recyclable material as defined in this Ordinance. (3) Failure to obtain an approved RM permit as defined in this Ordinance. Number of Prior Amount Violations 0 $50 1 $100 7 ............................................................... Beverly dean.doc inancedraft1625"',. 2 $200 3 $300 4 $400 5 or more $500 5. Equitable remedies. This ordinance may be enforced by equitable remedies. Any unlawful condition existing or in violation of this ordinance may be enforced by injunction and order of abatement in accordance with N.C.G.S. § 153A-123. SECTION VIII. DEFINITIONS. For the purposes of this Ordinance,the following definitions shall apply: 1. Ashes. refuse resulting from the burning of wood, coal, cork or other combustible material which has no live embers. 2. Board. The Board of Commissioners of Orange County. 3. Bulk material, A tightly constructed metal, plastic or other material container of two (2) cubic yards or greater capacity and of a design approved by the County manager as being capable of being emptied by equipment. 4. Clean wood waste. wood waste from construction and demolition activity that is not treated and free of paint, 5. Collection. The act of removing solid waste (including construction and demolition waste,land- clearing debris or recyclable materials)from a point of generation to a central storage point or to a disposal site,and from a central storage point processing center to a disposal site. 6. Construction and demolition waste. solid waste resulting generally from construction,remodeling, repair,or demolition operations on pavement,buildings,or other structures. 7. Corrugated cardboard. three-layered cardboard material with a middle, wavy layer. Nonrecyclable cardboard, such as waxed boxes,cardboard adhered to packing material(such as Styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this definition. 8. Department. The Solid Waste Management Department. 9. Department Director. The Director of the Solid Waste Management Department. 10. Disposal The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or by emitted into the air or discharged into any waters, including groundwaters. 11. Food waste. food that has been prepared for human consumption and was not served or otherwise used for food 12. Garbage. all putrescible wastes, including animal offal and carcasses, and recognizable industrial by-products,but excluding sewage and human wastes. 13. Hazardous waste. solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or 8 ............................................. .................... Beverly Blythe- ordinancedraft1.6adopted-clean.doc Pa e 9 incapacitating reversible illness;or(2)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed 14. Industrial solid waste. all waste generated from factories, processing plants and other manufacturing enterprises that is not hazardous waste as defined in this section. Such waste may include,but is not limited to,waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by- products; inorganic chemicals, iron, and steel manufacturing; leather and leather products; nonferrous metals manufacturing foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass,clay,and concrete products;textile manufacturing; transportation equipment; and waste treatment. The term does not include mining waste or gas waste. 15. Inert Debris. solid waste which consists solely of material that is virtually inert or that is likely to retain its physical and chemical structure under expected.conditions of disposal, including but not limited to brick,block,rock,asphalt,and dirt. 16. Landfill. a disposal facility or part of a disposal facility where waste is placed in or on land, and that is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility,or a surface storage facility. 17.Medical waste. any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, but does not include any hazardous waste identified or listed pursuant to Chapter 130A,Article 9,of the North Carolina General Statutes,radioactive waste,household waste as defined in 40 C.F.R. §261.4(b)(1)in effect on 1 July 1989,or those substances excluded from the definition of solid waste in this Chapter. 18.Municipal solid waste. any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste program management service. Municipal solid waste includes construction and demolition waste and inert debris. Municipal solid waste does not include hazardous waste,sludge,industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste,or solid waste from mining or agricultural operations. 19. Non-reusable wood waste. trees cleared from land for any purpose other than sale as a commodity or chipping for use on site or for sale. 20. Open burning. The combustion of solid waste as a means of disposal of that waste. 21. Open dump. a solid waste disposal site that does not have the permit or permits required by law or which does not comply with the rules set forth in this ordinance. 22. Pallet. A portable,wooden platform for handling, storing,or moving materials and packages used in warehouses,factories,retail and wholesale sales locations and vehicles. 23. Person. a person, group of persons, firm, company, corporation, association, partnership, unit of local government,state agency,federal agency,or other legal entity. 24. Processing. any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage,or recycling;safe for deposit;or reduced in volume or concentration.. 25. Project. a planned undertaking of construction,remodeling,deconstruction and demolition. 26. Putrescible. solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors,gases or liquids,such as kitchen wastes,offal and carcasses. 27. Radioactive waste material. solid waste containing any material,whether solid,liquid,or gas,that emits ionizing radiation spontaneously. 28.RCRA. The Resource Conservation and Recovery Act of 1976,Pub.L. 94-580, 90 Stat. 2795,42 9 :::...:.......... evert Blythe -ordinancedraf16aoted-:c:1e:a: :.:..::: : ..:.....:.::::.,.:...:::::::.... ..:..::.:..., ...:..::.... :.:::..::::. ::,.::::... U.S,C. §6901 et seq. as amended. 29. Recovered material. a material that has known recycling potential, can be feasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse. In order to qualify as a recovered material, a material must meet the requirements of N.C.G.S. § 130- 309.05(c). 30. Recyclable construction and demolition material. clean wood waste and metals (except closed drums and tanks) resulting generally from construction, remodeling, repair, or demolition operations on pavement,buildings,or other structures. 31. Recyclable material, The term "recyclable material" includes, but is not limited to, recyclable construction and demolition materials,aluminum,drink boxes,corrugated cardboard and Kraft paper, glass bottles and jars, magazines, ferrous and nonferrous scrap metals, motor oil, newspaper,office paper,scrap paper,plastic bottles including milk jugs,soda bottles,steel and tin cans, telephone directories, yard waste, cooking grease, clean wood waste, rubble, food waste when exclusively source-separated for composting, and other materials as may be specified by the Board of County Commissioners. 32. Recycling. The process by which solid waste or recovered materials are collected, separated, or processed,and reused or returned to use in the form of raw materials or products. 33. Regulated recyclable material. The recyclable material as designed in this ordinance as recyclable material. 34.Regulated recyclable material collector. any person who collects regulated recyclable waste. 35. Scrap tires, a tire that is no longer suitable for its original, intended purpose because of wear, damage,or defect. 36. Septage. solid waste that is,a fluid mixture of untreated and partially treated sewage solids,liquids, and sludge of human or domestic origin which is removed from a septic tank system. { 37. Sharps. needles,syringes,scalpel blades,and other sharp objects generated in the same manner and subject to the same limitations as medical waste. 38. Sludge. any solid, semisolid,or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant,water supply treatment plant,or air pollution control facility,or any other waste having similar characteristics and effects. 39. Solid waste. construction and demolition waste; regulated recyclable material; hazardous or nonhazardous garbage; refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility;domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment, and disposal systems; and any other material that is either discarded or is being accumulated, stored, or treated prior to being discarded, or has served its original intended use and is.generally discarded, including solid,liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial, and agricultural operations,and from community activities. The term does not include: a. Fecal waste from fowls and animals other than humans. b. Solid or dissolved material in: 1) Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection,treatment and disposal systems which are designed to discharge effluents to the surface waters. 2) Irrigation return flows. 3) Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under N.C.G.S. § 143- 215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be considered a solid waste for the purposes of this Article. 10 BeveC{ BEythe-ordinancedrat#16.adop#ed-clean.doc Page 91 c. Oils and other liquid hydrocarbons controlled under Article 2 I of Chapter 143 of the General Statutes. However, any oils or other liquid hydrocarbons that meet_ the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article. d. Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954,as amended(42 U.S.C. §2011). e. Mining refuse covered by the North Carolina Mining act,N.C.G.S. § 74-46 through 74-68 and } regulated by the North Carolina Mining Commission(as defined under N.C.G.S. § 1435- 290). However, any specific mining waste that meets the criteria for hazardous waste i under RCRA shall also be a solid waste for the purposes of this Article. f Recovered material. g. Yard waste. 40. Solid Waste Advisory Board. The policy advisory board of the Board,the County Manager and the Solid Waste Management Department as described and with membership as provided in the Agreement for Solid Waste Management among Orange County and the Towns of Carrboro, Chapel Hill and Hillsborough. 41. Solid waste facility. any publicly owned solid waste management facility permitted by the State of North Carolina that receives solid waste for processing,treatment,or disposal 42. Solid waste disposal site. any place at which solid waste is legally disposed of by any method 43. Solid waste management. The purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery and disposal of { solid waste. 44. Special waste. solid waste that can require special handling and management, including white goods,whole tires,used oil,lead-acid batteries,and medical wastes. 45. Storage. The containment of solid waste,either on a temporary basis or for a period of years,in a manner which does not constitute disposal. 46. Structure. any construction,production,or piece of work artificially built up or composed of parts purposefully joined together. 47. Treatment. any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery,amenable for storage or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. 48. Vehicle. any means by which someone or something is carried or transported. 49. White goods. The term"white goods"includes refrigerators, ranges, water heaters, freezers,unit air conditioners, washing machines, dishwashers, clothes dryers, and other similar domestic and commercial large appliances. 50. Yard waste. The term "yard wastes" means those organic materials commonly, consisting of leaves, grass, weeds, hedge clippings, yard and garden waste, Christmas trees, pine straw, branches, small logs, twigs, and all vegetative matter resulting from residential landscaping activities. { SECTION IX. EFFECTIVE DATE_ The effective date of this ordinance is July 1,2002. 11 Page 12` Isg:shared\ordinancedraft I6adoptedclean.doc r 9 } { 12 A' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 1, 2001 Action Agenda Item No. 3 SUBJECT: Regulated Recyclable Materials Ordinance DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) No County Attorney ATTACHMENT(S): 9/5/01 Staff Memo re: Regulated INFORMATION CONTACT: Recyclable Materials Ordinance Gayle Wilson 968-2885 Implementation Plan — Geof Gledhill, 732-2196 Summary of C&D Recycling Task Force TELEPHONE NUMBERS: Recommendations Hillsborough 732-8181 Proposed Ordinance– Draft#15 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To review and discuss a revised draft of the Regulated Recyclable Materials Ordinance and to consider setting a Public Hearing date to receive formal public comment on the proposed ordinance. BACKGROUND: One of the key recommendations in the August 2000 report from the Construction and Demolition Waste Recycling Task Force is adoption of an ordinance regulating recyclable construction & demolition (C&D) materials. Implementation of such an ordinance requires staffing, facilities development, and coordination with other departments and governments within Orange County, as well as the regulated community'of developers and waste haulers. The proposed ordinance has potential to regulate both recyclable C&D materials and other materials with a goal of keeping those materials from being landfilled and requiring that they be separated for recycling instead. The proposed ordinance regulates on-site separation, requires submission of materials management plans for large construction projects, and licensing of waste haulers to haul the separated regulated materials. Passage of the ordinance would significantly alter the ways in which construction and demolition waste is managed in Orange County and has the potential to reduce the amount of material landfilled if properly implemented and administered. The Board discussed previous versions of the draft ordinance at meetings in November 2000 and January 2001, and raised a number of questions, including concerns that any ordinance the Board might adopt should not have unintended adverse consequences on agricultural and forestry operations. Since that time, the staff and the Attorney have worked with various 2 stakeholders and other interested parties to produce appropriate changes to the draft ordinance, based on their input and previous direction from the BOCC. Among other points, the accompanying staff memo lays out the major features of the ordinance, feedback received from parties that would be affected by the ordinance, a discussion of enforcement issues, and a proposed timeline for implementation if the BOCC feels that they are ready to pursue adoption of the ordinance as revised. FINANCIAL IMPACT: Details of the financial implications related to adoption of the ordinance are discussed in the Solid Waste Facilities Master Plan report (agenda item #2 on this October 1 work session). The Manager's' Recommended 2001-02 operating budget for the Solid Waste/Landfill Operations Fund included funding for the C&D Education and Enforcement Specialist position recommended by the C&D Waste Recycling Task Force to implement this ordinance and the accompanying education efforts. The BOCC elected to postpone consideration of the creation of that permanent position itself until there was an opportunity to review the recyclable materials ordinance in more detail than could be achieved during the June 2001 budget work sessions. However, funding for the position and associated costs is already available in the FY 2001-02 approved budget. RECOMMENDATION(S): The Manager recommends that the Board provide additional input to staff regarding the ordinance, set a date for the public hearing, and authorize the creation of a permanent C&D Education and Enforcement Specialist position. Memorandum To: John Link, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Regulated Recyclable Material Ordinance Implementation Plan Date: September 5, 2001 This memorandum accompanies the Regulated Recyclable Material Ordinance for review by the Board. It includes a brief summary of the ordinance, description of its potential impact, and summaries of issues raised during the ordinance review process and how they have been resolved. It also includes explanation of the important role played by the potentially regulated community in ordinance development and delineation of enforcement procedures and responsibilities. At its end is a proposed timeline for key events in implementation of the Orange County Regulated Recyclable Material Ordinance. Background The current C&D Landfill on Eubanks Rd is estimated to be full by July, 2002. On August 15,2000 the C&D Recycling Task Force presented its final report. A summary of Task Force recommendations are included as Attachment#1. Recommendation#1 was"Mandate recycling or reuse of C&D waste in Orange County through the use of an ordinance requiring separation of at least metal, clean wood and drywall." Since that time, staff has developed this ordinance,with comment from the Board in October and November,2000 and January,2001. Staff has solicited feedback from members of the potentially regulated community, the municipalities and other County departments. Additionally,we have closely examined the experience of several Cities and Counties that have attempted,with varying degrees of success, C&D recycling ordinances.Discussions have been entered into with potential recycling markets. Site plans for the recycling facility and staff and equipment needs have been thoroughly investigated and are addressed in the Master Facilities Plan also on this BOCC Meeting agenda. The current draft of the Regulated Recyclable Material Ordinance(Attachment#2)is ready for consideration by the Board. Introduction Summary of the Ordinance 1. The Ordinance creates a list of"Regulated Recyclable Materials"that must be kept separate and recycled. These are: • Unpainted,untreated Wood Waste • Pallets • Scrap Metal • Clean Corrugated Cardboard 2. Recyclable Material Permits, estimating the amount of waste anticipated from a project and explaining how the waste is to be disposed, are required before development(Building and Zoning Compliance)permits are issued. 3. Haulers are subject to licensing, renewable annually. 4. Burning of Solid Waste,which excludes yard waste,is prohibited. 5. Demolition projects maybe delayed up to 60 days in order to assess the recyclability of the materials in the structure. Discussion Potential Impact This Regulated Recyclable Material Ordinance has been designed to be the mechanism by which the County can generally require recycling. The proposed list is of mostly C&D waste materials(due to currently pressing C&D disposal issues),however this is not specifically a"C&D Ordinance". Actions mandating recycling of materials generally found in other waste streams can be taken by simply amending this ordinance;this would primarily be by adding new materials. This will minimize the growth of a clumsy, possibly conflicting, array of Solid Waste regulations if future Boards decide to pursue additional recycling mandates. Regulated Recyclable Material represents approximately 29%,by weight, of the C&D waste stream in Orange County, or about 8,990 tons annually,including engineered wood (e.g.plywood and oriented strand board)products in the Clean Wood Waste category. Table 1 shows the potential recycling impact of this ordinance. Table 1. Material Percentage of C&D Tons per Year Unpainted, Untreated Lumber 14 4,340 Pallets 3 930 Engineered Wood 8 2,480 Clean Wood Subtotal 25 7,750 Metal , 41 1,240 Total Recyclable Material 291 8,990 In terms of volume(the real measure of how much landfill space can be saved)these materials account for possibly over 50%due to their bulky nature. Conversion of waste tonnage to volume can be subjective. This estimate is based on the wide variety of conversion rates available. How much space materials actually consume when compacted together is an unavoidably speculative measure.' Unpainted, untreated wood waste has been diverted and processed into colored mulch in a pilot project to experiment with alternatives and technical and market parameters. Lumber,pallets and engineered wood products were included in this project. The NC Department of Environment and Natural Resources, Solid Waste Division,which regulates and permits the Eubanks Road facility,has tentatively approved our plan to include engineered wood products in our mulching operation. We are the only facility in NC allowed to do so. They have agreed to our proposal because our material and the 2 stormwater runoff samples have tested within acceptable ranges for pH, VOC's,Heavy Metals, and Formaldehyde. Our facility's excellent reputation for environmental protection and compliance with the State's strict solid waste management rules allowed us the flexibility to engage in this experimental endeavor. Rigorous ongoing sample testing is part of our permit to continue. If test results ever show ongoing problems stemming from including engineered wood products in our mulch, then the regulated community will be dealt a significant problem by requiring the separation of recyclable unpainted,untreated solid sawn lumber from unrecyclable engineered wood products Clean Metal has been recycled at the landfill for almost 4 years now. The program has been voluntary. Most of the metal has been extracted from the waste stream by landfill staff. The market relationship is established. Landfill customers are familiar with the program. Pallets have been recycled at the Landfill for reuse and remanufacture since 1998. They are now being processed with other wood wastes in the colored mulch pilot project. Corrugated Cardboard from the non-residential sectors was banned from the landfill 6 years ago and the results have been striking. The material was over 8%of the waste stream prior to the ban and represents less than 3%now.Much of that remaining is residential. The"Cardboard Ban"has simply been incorporated into this ordinance. At this time,it will not include wastes originating from existing households (as opposed to construction or commercial wastes) Other Materials may be added to this list in the future as markets are developed. This ordinance is designed for future expansion without having to reconstitute the existing provisions. Suggestions are being made for inert debris recycling in conjunction with the Facilities Master Plan report. Others materials for future recycling may include carpeting or vinyl siding and unpainted drywall. Drywall recycling is problematic. The primary market capable of handling the tonnage we anticipate has encountered significant difficulties.They are no longer accepting material at their facility in Chatham County. Other possible markets have been found, including a large firm that anticipates opening its doors in January, 2002,but otherwise the amount of material we anticipate generating will likely exceed the limits of market capacity to handle drywall. While all drywall,clean and painted/contaminated, accounts for a significant 8-10% of C&D waste by weight, it consumes very little landfill space because it compacts and pulverizes so easily, filling airspace "voids"in the process. There may be future opportunities to include the drywall in a compost mix if the landfill is able to site, staff, finance and permit a composting facility. At this time,until more stable reliable markets develop,we recommend against including drywall in the ordinance. 3 Key Issues 1. Demolition Waste Demolition waste represents a significant source of wood'and metal,both recyclable materials. However, separation is a great deal more difficult. The ordinance as proposed, makes no distinction of demolition waste,per se; wood and metal must still be recycled if free of contaminants. But the waste would not be considered free of contaminants if it"is attached to other material in a way that it is not reasonably possible to separate."The result will be that studs or joists with tile,plaster, drywall, sheathing, or siding(possibly painted with lead-based paint)would not be possible to separate. A limited amount of "judgement call"at the landfill is unavoidable. We are confident that most situations will be obvious and there will not be continuing controversy once sound field parameters are established. The C&D Recycling Task Force recommendation#10 was"Promote deconstruction." The ordinance contains a provision that demolition projects for structures that have not been condemned may be delayed up to 60 days for the Department to perform assessments of"whether and to what extent the materials in the structure... consist of regulated recyclable material"that should be separated and recycled. 2. Commingled Recycling Facilities Builders may chose to use commingled recycling facilities,bypassing the source separation requirement,but these facilities must be certified annually by Orange County and held to at least the same recycling standard as we achieve. To do otherwise would allow avoidance of the recycling requirement and inadvertently encourage shifting of waste out of the County. Facilities will have to either: 1)recycle at least all the materials regulated in Orange County, or 2)meet a documented 30%recycling rate of all waste they accept, other than inert debris(brick,block,concrete, asphalt,earth), to be certified. As our program matures and achieves higher diversion rates, the standard can be raised. This ordinance feature will be adaptable to other types of Material Recovery Facilities in the event the list of Regulated Recyclable Materials grows into other waste streams. 3. Licensing of Haulers Haulers of C&D waste will have one omnibus license and register each of the vehicles under it. Violations of the ordinance incurred in any registered vehicle subjects the company's license to the suspension and revocation provisions. 4. C&D type waste in the MS stream Scrap metal,pallets, and corrugated cardboard from the commercial waste stream will be subject to the recycling requirement. While this approach will require a significant commercial recycling education effort, it is the only way to avoid the untenable situation 4 of having one landfill customer who is not hauling C&D being allowed to dump these materials right next to another customer who is not because he is hauling C&D. That unequal enforcement scenario could be controversial and difficult to explain and enforce. 5. Coordination with Municivalities and UNC Planning and Inspections Departments within the County have been consulted and kept informed about the ordinance. Once Orange County adopts the ordinance, staff will encourage adoption by the Chapel Hill, Carrboro,Hillsborough, and Mebane Councils. Staff from the County and Municipalities will arrange the necessary administrative infrastructure for efficient"one stop shopping"—where solid waste permit applications can be submitted at Inspections Departments. No UNC representatives have'offered any evidence that the University will formally respond to the Ordinance, but our relationship is a constructive one and we do not foresee a problem with UNC illegally dumping recyclable material. All UNC contractors will be made aware of the ordinance requirements and that they are subject to them. At this point UNC staff appears committed to requiring recycling as part of their own regulation of construction on campus. 6. Open Burning The ordinance prohibits burning of solid waste. While the highest number of burning permits issued by the NC Forest Service are for leaves and brush,the largest,most polluting fires are from machine-piled landclearing debris commonly associated with development. These large burns become illegal under this ordinance. The State already prohibits the burning of Construction and Demolition debris and other forms of refuse, but this ordinance gives the County the authority to act upon such violations. Silvicultural and Agricultural maintenance burning activities, such as site planting preparatory bums, understory bums, early hay production bums,and bums for keeping roads around fields properly cleared are not prohibited by this ordinance. Table 2 shows which types of burning activities are allowed or prohibited under the ordinance. Table 2 Type of Burning Activity Prohibited Construction or Demolition Debris Yes Household Garbage and other MSW Yes Development Clearm Yes Forestry: Planting preparation No Forestry: Understory thinning No Agriculture: Field residuals No Agriculture: Pruning back to keep farm roads clear No Agriculture: Clearing new pastures/fields Yes Landscaping: Prunings,Brush and Leaves No 5 The establishment of a"Non-buming day"provision based on NC Division of Air Quality daily ozone forecasts, as is done in Buncombe County with the Western NC Regional Air Quality Agency, was investigated. However, the Orange County , Department of Environment and Resource Conservation has been working on such a plan ! in coordination with the NC Division of Forest Resources and the Orange Soil and Water District as part of a Cooperative Forestry Project. Staff believes the proposed burning regulations in this ordinance do not complicate nor conflict with their proposed project nor the draft Fire Prevention Ordinance being developed by the County Emergency Management Department. We will continue to communicate with the relevant personnel and departments as this ordinance develops. 7. Hiring of C&D Education and Enforcement Specialist Task Force recommendation#4 was "Hire a second recycling educator to focus primarily on implementation of this ordinance and on environmentally sound,waste reducing building practices."Authorization to create and fill this position will require amending the Personnel Ordinance. Duties of this position will include developing educational material,meeting directly with contractors and subcontractors, issuing permits, and implementing and enforcing the ordinance requirements. This position will be considered by the Board of County Commissioners based on detailed information they have received in the 2001-02 budget package. 8. Grace Period Staff believes that an eight-month grace period will be necessary to help the regulated community adapt to the new recycling requirements and to allow the Solid Waste Management Department to put all the procedural and operational mechanisms in place. Only the burning prohibition will take effect immediately. Regulated Community Feedback Over the course of the several months that the ordinance has been developed, Solid Waste staff actively sought engagement with and input from the potentially regulated community who will, in reality,be partners in this endeavor. Numerous individual meetings with developers,builders and private waste haulers, and three group meetings (20+ attendees), coordinated with the help of the�Chapel Hill-Carrboro Chamber of Commerce and the Homebuilders Association,were held. Their feedback has proven crucial. Their recommendations were varied and helpful. Some of their suggestions that have been incorporated into the ordinance include: • Specifically citing unauthorized dumping of recyclable material into a waste container as a violation.of the ordinance. This deterrent will help them ensure security of their containers. • The inclusion of the"Public health and safety"and"reasonably possible to separate" clauses as part of the solution to the problem with demolition waste. • Streamlining the annual reporting required for licensees. • Making the appeals process consistent throughout the ordinance. • Developing criteria for the use of"umbrella"permits that can be issued at Zoning Compliance Permit stage. a Elimination of the Recyclable Material Plan, which would unnecessarily complicate the permitting process. Municipal Inspections and Planning Departments also made this recommendation. • Making the license revocation provisions more practical and less harsh. • Simplifying the Commingled Facility certification process. • Including engineered wood products in the Clean Wood Waste category • Many other details While all ideas could not be included in the ordinance, the input from the potentially regulated community was well intentioned, thoughtful, and generally productive in streamlining procedures and eliminating unintended consequences. Enforcement Landfill Loads containing wood, metal, pallets and, corrugated cardboard,will be penalized with a double tip fee structure just as yard waste and cardboard are penalized now. Authority to issue a penalty ticket will be vested in inspectors located at the scalehouse, at the recycling areas, and/or at the landfill working face. Tickets will be compiled and sent out with monthly bills for regular customers or the customer may choose to pay tickets individually. Permitting Individuals found to be conducting building activities without the appropriate Recyclable Material Permit will be issued a citation and appropriate legal action will be pursued by the County. The relevant Inspections Department will be notified of these violations because these offenders may be in violation of the applicable building permit requirements as well. As an additional benefit, this provision will help identify much of the waste coming from outside Orange County because those customers will not have the proper Recyclable Material Permit. Licensing Individuals found to be hauling C&D materials without the appropriate Recyclable Material Collector's License will be issued a citation and appropriate legal action will be pursued by the County. Jobsite and Waste Destination As part of the C&D-recycling education and ordinance enforcement effort, Solid Waste Department staff will regularly visit jobsites for which a Recyclable Material Permit has been issued. Municipal Inspections Departments visit jobsites several times during the course of the project and will be encouraged to inform the SW Enforcement staff when 7 solid waste ordinance violations are noted. Individuals found to be illegally hauling Regulated Recyclable Material for out-of-county disposal will be issued a citation and appropriate legal action will be pursued by the County. Five violations of this type may? will cause the revocation of the Recyclable Material Collection License. Burning Individuals found to be burning prohibited materials will be visited by County staff and informed that they must extinguish the fire and be given alternatives to handling the material. Re-ignition of the fire or any subsequent burning by that individual will result in issuance of a citation and appropriate legal action will be pursued by the County. Proposed Timeline for Ordinance Implementation Sept 11,2001 BOCC Review; offer any changes. . Oct 2, 2001 Public Hearing Oct 16 or Nov 7, 2001 Adopt Ordinance; effective date of burning prohibition Nov, 2001 Authorize new C&D education and enforcement position Nov, 2001-Feb, 2002 Take Ordinance to Municipalities Nov, 2001-Feb,2002 Finalize Administrative procedures— Recyclable Material permit WHEN DO WE START WORK ON OUR FACILITY? Jan, 2002 Begin issuing mock tickets April, 2002 Initiate licensing April,2002 Begin certification of Commingled Recycling Facilities July-August,2002 End grace period July—August,2003 Review ordinance for costs, tonnage figures, and additional feedback from the regulated community Recommendation • Staff requests the Board of Commissioners'.feedback on the Regulated Recyclable Material Ordinance; • Staff recommends that the Board set a Public Hearing for the Regulated Recyclable Material Ordinance; and • Staff recommends that the Board authorize the creation of a permanent, full-time C&D Education and Enforcement Specialist position 8 SUMMARY OF RECOMMENDATIONS 1. Mandate recycling or reuse of C&D waste in Orange County through use of an ordinance requiring separation of at least metal,clean wood and drywall (gypsum). Initially,the mandate may cover only large-scale projects so the homeowner and small contractor are not overburdened. Crushed concrete and other inert debris should also be considered. A draft of such an ordinance prepared by County staff is attached to this report. 2. Adopt relevant policies and create programs to implement the ordinance. Coordinate with building inspections departments in other jurisdictions in Orange County to assist implementation,with enforcement remalm*ng a responsibility of the Solid Waste Department. 3. Find a location at which to conduct C&D waste management. Orange County should take responsibility for reuse and disposal of its own C&D wastes. 4. Hire a second recycling educator to focus primarily on implementation of this ordinance and of environmentally sound, waste-reducing building practices. (Attachment B) 5. Aggressively pursue partnerships with qther entities,public and private,inside and beyond Orange County to increase opportunities for recycling,reuse and reduction of C&D wastes. 6. Consider methods for diverting inert debris,including rock,concrete, brick,asphalt and dirt for reuse and recycling. 7. Consider locating a retail used building materials collection and resale point at or near any fut�re C&D management facility. 8. Investigate the possible extent and desirability of involvement in local C&D waste management by the University of North Carolina at Chapel Hill(UNC), including how much C&D waste is produced from campus construction and the potential to direct those materials to a public facility in Orange County. 9. Conduct a countywide survey to determine.the number and location of abandoned and otherwise discarded mobile homes. 10. Promote deconstruction and greenbuilding;as sustainable alternatives to traditional approaches. 11.The work of implementing C&D task force recommendations should begin as soon as.possible during fiscal year 2000-2001. draft #15- clean 09-05-2001 AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF REGULATED RECYCLABLE MATERIAL IN ORANGE COUNTY SECTION I. FINDINGS. Orange County,North Carolina does hereby find that: Orange County has heretofore adopted ordinances governing the storage, transportation, and recycling of solid waste within the unincorporated sections of County; and Orange County owns and operates solid waste management facilities as a public enterprise to protect the citizens of Orange County and the environmental health both within the unincorporated areas of the County and within the municipalities in Orange County;and Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane have heretofore adopted and followed separate ordinances for the regulation of solid wastes within their respective jurisdictions;and Siting and permitting of construction and demolition landfills and sanitary landfills has become increasingly difficult; the disposal of solid waste and construction and demolition waste has become increasingly more expensive; and construction and demolition waste continues to be disposed of through open burning, adding to the increasing air pollution problem within the County; and Units of local government are charged by the legislature in N.C.G.S. § 130A-309.09A(b) to make a good faith effort to achieve the State's forty percent (40%) municipal solid waste reduction goal by the year 2006; and Orange County has committed itself to recycling recyclable materials, including construction and demolition waste, as part of its own solid waste reduction goal of 61% by the year 2006; and Construction and demolition waste constitutes approximately one-third (1/3) of the overall solid waste stream delivered to the Orange County Landfill, at least fifteen percent(15%) of which is readily recoverable for purposes of recycling, secondary-market salvage, or re- integration into existing or subsequent projects; and Orange County has the legal authority under State law, including but not limited to N.C.G.S. § 153A-136, § 153A-445, and § 130A-309.09B,to enact regulations with respect to the disposal of solid waste including recyclable material, land-clearing debris that is not sold as timber or chipped for use onsite or sale, and to provide reasonable-penalties and other provisions for the enforcement thereof, NOW THEREFORE be it ordained by Orange County as follows: SECTION H. PURPOSE AND APPLICATION. The purpose of this ordinance is to regulate the storage, collection, transportation, use, disposal and other disposition of regulated recyclable material in Orange County. This ordinance is adopted pursuant to the authority contained in N.C.G.S. §§ 153A-121, 123, 132.1, 136, 274- 278, 291-293, 445, and N.C.G.S. §§ 130A-309.01-309.08, 309.09A, 30%09B, 309.09C, 309.091). Unless otherwise indicated,this ordinance pertains to all solid waste activity in Orange County. draft #15- clean 09-05-2001 SECTION III. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL; NO OPEN BURNING OF SOLID WASTE. 1. Regulated recyclable material includes recyclable construction and demolition material, ferrous and nonferrous scrap metal other than recyclable construction and demolition material, pallets, corrugated cardboard, and other materials as may be designated as such by amendments to this ordinance.' 2. All regulated recyclable material generated in Orange County shall be recycled (1) unless doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated recyclable material is attached to other material, including other regulated recyclable material, in a way that it is not reasonably possible to separate the regulated recyclable material into its constituent parts or from non regulated recyclable material. It is a violation of this ordinance for any person to dispose of regulated recyclable material except as permitted in this ordinance. 3. Regulated recyclable material shall be disposed of through(1) delivery to a recyclable waste center, (2)delivery to a licensed'collector of regulated recyclable material, (3)reuse, (4)sale or (5) other means that allow for the safe recycling of the material. Regulated recyclable material shall be separated from other solid waste unless delivered to- a Commingled Recycling Facility certified as such in the manner provided for in this ordinance. 4. No person shall discard, dispose of, leave or dump any regulated recyclable material on or along any street or highway or on public or private property,unless such material is placed in a receptacle, placed at a location designated by the County, Carrboro, Chapel Hill, Hillsborough or Mebane for the deposit of regulated recyclable material, or otherwise placed in possession and control of a licensed collector of regulated recyclable material. 5. Transporting or accepting for transport any regulated recyclable material for purposes of disposal as solid waste or treatment in a manner inconsistent with this ordinance constitutes a violation of this ordinance 6. Any person collecting or transporting regulated recyclable material for purposes of disposal at an approved disposal site must do so in a manner that prevents this material from escaping that vehicle or container used for the collecting or transporting. 7. No person may dispose of solid waste through open'burning in Orange County. 8. No person may contaminate regulated recyclable materials so as to make them unrecyclable. Additional materials may be added to the list of regulated recyclable materials, including but not limited to: aluminum,drink boxes,kraft paper,glass bottles and jars,magazines,used motor oil,newspaper,office paper,scrap paper,plastic bottles including milk jugs,soda bottles,steel and tin cans,telephone directories, food waste when exclusively source-separated for composting,non-reusable wood waste. 2 draft #15- clean 09-05-2001 SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. 1. Any facility accepting regulated recyclable materials, commingled with other solid waste (hereafter "commingled regulated recyclable materials") originating from within Orange County, must be certified as an approved Commingled Recycling Facility. Any person wishing to dispose of commingled regulated recyclable materials originating from within Orange County may only do so by delivery to a facility which has been certified as an approved Commingled Recycling Facility. In order to be certified as an approved Commingled Recycling Facility, the facility must submit documentation to the Department exhibiting the following: A. a valid North Carolina(1) Solid Waste Landfill, (2)Processing and Recycling,or(3) Composting Facility permit; and B. One of the following: (1) the technical ability to separate and market all those materials required by this ordinance to be recycled by Orange County,or (2) a documented performance of at least 30%recycling of all materials that the Facility accepts. Inert debris shall be excluded from the material accepted and from the material recycled in the recycling performance calculation. 2. Certification. A. A Facility complying with the above requirements shall be certified as an approved Commingled Recycling Facility by the Department. This certification will be valid for one year from the date of approval by the Department and must be renewed annually. "B. If the certification application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies certification pursuant to this Section, the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing.Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the certification or affirming the denial of the certification. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5)working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing, including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the applicant is deemed certified. If the Orange County Manager remands to the Department Director, the remand decision shall direct the matters to be reconsidered by the Department Director on remand. SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE MATERIAL. 1 Any person collecting or otherwise hauling regulated recyclable material within the County in any vehicle w'with a gross vehicle weight of nine thousand (9000) pounds or greater must obtain a regulated recyclable material collection license ("RM license"). Each vehicle used by the licensed collector or hauler must be registered with the Department. The cost of registering each vehicle used to collect or haul regulated recyclable material pursuant to a RM license shall be$25. 3 draft #15- clean 09-05-2001 2. Applications for an RM license shall be filed with the Department on forms furnished by Orange County. All applications must be accompanied by a processing fee of$25.00 for each vehicle that will collect regulated recyclable material. ,, The applicant shall furnish the following information: A. Name and address of the applicant and the applicant's business name B. A list of the equipment possessed, available, or otherwise to be used by the applicant in regulated recyclable material collection,including motor vehicle license tag numbers; C. Liability insurance coverage, proved by providing the Department, at the time that the license is applied for, a certificate of insurance showing coverage in effect at the time of application; D. Name and location of facilities where collected regulated recyclable materials are to be delivered. 3. Before issuing a license pursuant to this section, the Department may inspect or cause to be inspected all facilities and equipment the applicant plans to use in the regulated recyclable material collection business.Vehicles and containers used in the collection and transportation of regulated recyclable material shall be covered, durable, and easily cleaned. They shall be cleaned as often as necessary to prevent 'a nuisance and insect breeding and shall be maintained in good repair.' Vehicles shall display, in numbers at least three (3) inches high, the county license number of the licensee and the license sticker issued by the Solid Waste Management Department. 4. Issuance of license. A. The Department may issue the applicant a RM license only when it is found that the applicant's facilities, equipment, insurance coverage and proposed operating methods are in compliance with this ordinance and the applicable rules of the Department which implement this ordinance and that are consistent with it and that the applicant will perform regulated recyclable material collection and disposal in a manner consistent with this ordinance. A condition of the RM license shall be that the licensee shall serve every person in such a manner that the RM licensee does not cause the person served to be in violation of this ordinance. B. If the RM license application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM license, the applicant may request a_hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the D6partment Director shall give the applicant written notice of the decision either granting the license or affirming the denial of the license. The applicant may appeal the:Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5) working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing, including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the license is deemed issued. If the Orange County Manager remands to the Department Director, the remand decision shall direct the matters to be reconsidered by the Department Director on remand. C. A license shall be valid for a period of one year from the date of issuance. 4 draft #15- clean 09-05-2001 5. With each license renewal application, a RM licensee shall submit report to the Department containing the following information: A. New and replacement equipment; B. Identity of all equipment no longer in use- by licensee that was listed in original application for RM license; C. Total amount of regulated recyclable material collected by type and amount;and D. The locations to which the regulated recyclable material was delivered. 6. No RM license issued pursuant to this ordinance is assignable. 7. Violations of this ordinance involving collectors of regulated recyclable material include: A. Collecting or otherwise hauling regulated recyclable material within the County in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater without a valid RM license constitutes a violation of this ordinance. B. Regulated recyclable material which is to be delivered to an approved Commingled Recycling Facility may be commingled so long as all of the material in a given container is to be delivered to that Facility. Otherwise, placement of regulated recyclable material into any solid waste container, including the solid waste compartment of a collection vehicle, for any length of time,constitutes a violation of this ordinance. C. Transporting or accepting for transport any regulated recyclable material that has not been separated for purposes of recycling, or which has been commingled with non- regulated recyclable material or solid waste, unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility constitutes a violation of this ordinance. D. Repeated violations of this ordinance may result in RM license suspension or revocation as provided in this ordinance. SECTION VI. PERMITS FOR THE MANAGEMENT OF REGULATED RECYCLABLE MATERIALS. 1. Any person applying for a building permit and/or a zoning compliance permit from any unit of local government in Orange County authorized to issue such permits, shall, prior to applying for such permits and before construction, demolition, land clearing or other preparatory activity commences, make application to the Department for a regulated recyclable material management permit (RM permit) for the management of regulated recyclable material. 2. The RM permit application shall provide estimates of the amount and types of solid waste to be generated by the project, the amount and types of regulated recyclable material to be generated by the project, whether the project requires demolition or deconstruction and the methods to be employed for disposal of the solid waste and regulated recyclable material generated by the project. 3. Applications for a RM permit shall be filed with the Department on forms furnished by Orange County.All applications must be accompanied by a processing fee of$25.00. 4. The Department will review and, within ten (10) days, make a decision on the RM permit. The applicant will then be notified of the Department's decision within two (2)working days after the decision is made. 5 draft #15- clean 09-05-2001 A. If the RM permit application meets the requirements of this ordinance, a RM permit will be issued to the applicant. The RM permit is good for one year-from the date.of issuance unless the expiration date of the permit is extended by the Department prior to expiration of the RM permit, for good,cause shown. The RM permit applies only to the project for which the application was made. The permit shall prescribe the permissible methods of disposal of regulated recyclable material. If the project requires demolition or deconstruction not resulting from condemnation under the North Carolina Building Code, the permit may direct a delay in demolition or deconstruction, not exceeding sixty (60) days from the issuance of the RM permit, in order for the Department to perform an assessment of whether and to what extent the structure to be demolished or deconstructed consists of regulated recyclable materials that can be reasonably recycled. B. If the RM permit application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM permit, the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted,at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the permit or affirming the denial of the permit.The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5) working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing, including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the permit is deemed issued. If the Orange County Manager remands to the Department Director, the remand decision shall direct the matters to be reconsidered by the Department Director on remand. C. A permit shall be valid for a period of one year from the date of issuance. SECTION VII: ENFORCEMENT. The following shall pertain to violations of this ordinance: 1 Double Tip Fee. Any person disposing of regulated recyclable material at the Orange County Landfill in violation of this ordinance, in addition to being subject to the other remedies provided in this ordinance, shall pay, for the load or loads disposed of in violation of this ordinance,double the tip fee in effect at the time of the disposal. 2. Revocation of regulated recyclable material collection licensees. A. When the Department finds that a RM licensee has violated a condition of the license,the licensee shall receive written notice of the violation and be informed that if the violation is not corrected or if another violation occurs within thirty (30) working days the PJA license shall be revoked. Notice of the revocation shall be by written notice from the Department delivered or mailed by first class mail to the licensee. Delivery by first class mail shall be the method of delivery if the licensee cannot readily be served with the notice of revocation-in person. Upon receipt of the revocation notice, the RM licensee shall stop collecting, transporting, or disposing of regulated recyclable material originating in Orange County. 6 draft #15- clean 09-05-2001 B. The Department may reinstate a RM license revoked for a violation of a permit condition after the revocation has been in effect for thirty (30) working days if the Department finds that the RM permit conditions causing the violation have been corrected. C. When the Department finds that a RM licensee has transported or accepted for transport any regulated recyclable material that has not been separated for purposes of recycling,or which has been commingled with non-regulated recyclable material or solid waste,unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility,the RM license shall be revoked for one year if: 1. the violation has occurred within thirty(30)days of another such violation,or 2. the violation is the fifth such violation to occur within one(1)year. The holder of a revoked RM license may reapply after one year of the date of revocation for a new license. Any person whose RM license was previously revoked and who subsequently received a new license will have that license revoked upon the receipt by that person of a single additional violation. 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred($500) dollars or imprisonment for not more than thirty (30) days, or both. Each day's continuing violation is a separate and distinct offense. Each violation is a separate and distinct offense. 4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil penalty of not to exceed five hundred ($500) dollars as provided herein and as authorized by N.C.G.S. § 153A-123. Each violation incident is a separate and distinct offense. The Department Director may issue to any person who or that has violated this ordinance, a citation giving notice of the alleged violation(s) and the civil penalty imposed. Citations so issued may be delivered or mailed by first-class mail to the person violating this ordinance.Delivery of the citation by first class mail shall be the method of delivery if the person violating the ordinance cannot readily be served in person. The following civil penalties shall be assessed for each violation of this ordinance: (1) Failure to obtain a regulated recyclable material collection license. (2) Failure to recycle regulated recyclable material as defined in this Ordinance. (3) Failure to obtain an approved RM permit as defined in this Ordinance. Number of Prior Amount Violations 0 '$50 1 $100 2 $200 3 $300 4 $400 5 or more $500 5. Equitable remedies. This ordinance may be enforced by equitable remedies. Any unlawful condition existing or in violation of this ordinance may be enforced by injunction and order of abatement in accordance with N.C.G.S. § 153A-123. 7 draft #15- clean 09-05-2001 SECTION VIII. DEFINITIONS. For the purposes of this Ordinance,the following definitions shall apply: 1. Ashes. refuse resulting from the burning of wood, coal, cork or other combustible material which has no live embers. 2. Board. The Board of Commissioners of Orange County. 3. Bulk material. A tightly constructed metal,plastic or other material container of two(2)cubic yards or greater capacity and of a design approved by the County manager as being capable of being emptied by equipment. 4. Clean wood waste. wood waste from construction and demolition activity that is not treated and free of paint. 5. Collection. The act of removing solid waste (including construction and demolition waste, land-clearing debris or recyclable materials) from a point of generation to a central storage point or to a disposal site, and from a central storage point processing center to a disposal site. 6. Construction and demolition waste. solid waste resulting generally from construction, remodeling,repair, or demolition operations on pavement,buildings,or other structures. 7. Corrugated cardboard. three-layered cardboard material with a middle, wavy layer. Nonrecyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such as Styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this definition. 8. Department. The Solid Waste Management Department. 9. Department Director. The Director of the Solid Waste Management Department. 10. Disposal. The discharge,deposit,injection,dumping, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or by emitted into the air or discharged into any waters, including groundwaters. 11. Food waste. food that has been prepared for human consumption and was not served or otherwise used for food. 12. Garbage. all putrescible wastes, including animal offal and carcasses, and recognizable industrial by-products,but excluding sewage and human wastes. 13. Hazardous waste. solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or(2)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transportedi disposed of or otherwise managed. 14. Industrial solid waste. all waste generated from factories, processing plants and other manufacturing enterprises that is not hazardous waste as defined in this section. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals, iron, and steel manufacturing; leather and leather products; nonferrous metals manufacturing,foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass,clay, and concrete products;textile manufacturing; transportation equipment; and waste treatment. The term does not include mining waste or gas waste. 15. Inert Debris. solid waste which consists solely of material that is virtually inert or that is likely to retain its physical and chemical structure under expected conditions of disposal, including but not limited to brick,block,rock,asphalt, and dirt. 8 draft #15- clean - ao 09-05-2001 16 Landfill. a disposal facility or part of a disposal facility where waste is placed in or on land, and that is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility, or a surface storage facility. 17. Medical waste. any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, but does not include any hazardous waste identified or listed pursuant to Chapter 130A, Article 9, of the North Carolina General Statutes, radioactive waste, household waste as defined in 40 C.F.R. § 261.4(b)(1) in effect on 1 July 1989, or those substances excluded from the definition of solid waste in this Chapter. 18. Municipal solid waste. any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through_a public or private solid waste program management service. Municipal solid waste includes construction and demolition waste and inert debris. Municipal solid waste does not include hazardous waste, sludge, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations. 19. Non-reusable wood waste. trees cleared from land for any purpose other than sale as a commodity or chipping for use on site or for sale. 20. Open burning. The combustion of solid waste as a means of disposal of that waste. 21. Open dump. a solid waste disposal site that does not have the permit or permits required by law or which does not comply with the rules set forth in this ordinance. 22. Pallet. A portable, wooden platform for handling, storing, or moving materials and packages used in warehouses,factories,retail and wholesale sales locations and vehicles. 23. Person. a person, group of persons, firm, company, corporation, association,partnership, unit of local government, state agency, federal agency, or other legal entity. 24. Processing. any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage,or recycling; safe for deposit; or reduced in volume or concentration. 25. Project. a planned undertaking of construction,remodeling, deconstruction and demolition. 26 Putrescible. solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors, gases or liquids, such as kitchen wastes, offal and carcasses. 27. Radioactive waste material. solid waste containing any material,whether solid,liquid, or gas, that emits ionizing radiation spontaneously. 28. RCRA. The Resource Conservation and Recovery Act of 1976,Pub.L. 94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq. as amended. 29. Recovered material. a material that has known recycling potential, can be.feasibly recycled, and has been diverted or removed from the solid waste stream for sale,use, or reuse. In order to qualify as a recovered material, a material must meet the requirements of N.C.G.S. § 130- 309.05(c). 30. Recyclable construction and demolition material. clean wood waste and metals (except closed drums and tanks) resulting generally from construction, remodeling, repair, or demolition operations on pavement,buildings,or other structures. 31. Recyclable material. The term "recyclable material" includes, but is not limited to, recyclable construction and demolition materials, aluminum, drink boxes, corrugated cardboard and Kraft paper, glass bottles and jars, magazines, ferrous and nonferrous scrap metals, motor oil, newspaper, office paper, scrap paper, plastic bottles including milk jugs, soda bottles, steel and tin cans, telephone directories,yard waste, cooking grease, clean wood waste, rubble, food waste when exclusively source-separated for composting, and other materials as may be specified by the Board of County Commissioners. 9 draft #15- clean 09-05-2001 32. Recycling. The process by which solid waste or recovered materials are collected, separated, or processed,and reused or returned to use in the form of raw materials or products. 33. Regulated recyclable material. The recyclable material as designed in this ordinance as recyclable material. 34. Regulated recyclable material collector. any person who collects regulated recyclable waste. 35. Scrap tires. a tire that is no longer suitable for its original,intended purpose because of wear, damage, or defect. 36 Septage. solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin which is removed from a septic tank system. 37.-Sharps. needles, syringes, scalpel blades, and other sharp objects generated in the same manner and subject to the same limitations as medical waste. 38. Sludge. any solid, semisolid, or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, or any other waste having similar characteristics and effects. 39. Solid waste. construction and demolition waste; non-reusable wood waste; regulated recyclable material; hazardous or nonhazardous garbage; refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility; domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment, and disposal systems; and any other material that is either discarded or is being accumulated, stored, or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial, and agricultural operations, and from community activities. The term does not include: a. Fecal waste from fowls and animals other than humans. b. Solid or dissolved material in: 1) Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters. 2) Irrigation return flows. 3) Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under N.C.G.S. § 143-215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be considered a solid waste for the purposes of this Article. c. Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the General Statutes. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article. d. Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954,as amended(42 U.S.C. §2011). e. Mining refuse covered by the North Carolina Mining act, N.C.G.S. § 74-46 through 74- 68 and regulated by the North Carolina Mining Commission (as defined under N.C.G.S. § 143B-290). However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article. f. Recovered material. g. Yard waste. 40. Solid Waste Advisory Board. The policy advisory board of the Board, the County Manager and the Solid Waste Management Department as described and with membership as provided in the Agreement for Solid Waste Management among Orange County and the Towns of Carrboro,Chapel Hill and Hillsborough. 10 _ a� draft #15- clean 09-05-2001 41. Solid waste facility. any publicly owned solid waste management facility permitted by the State of North Carolina that receives solid waste for processing,treatment,or disposal. 42. Solid waste disposal site. any place at which solid waste is legally disposed of by any method. 43. Solid waste management. The purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery and disposal of solid waste. 44. Special waste. solid waste that can require special handling and management,including white goods,whole tires,used oil,lead-acid batteries,and medical wastes. 45. Storage. The containment of solid waste, either on a temporary basis or for a period of years, in a manner which does not constitute disposal. 46. Structure. any construction,production, or piece of work artificially built up or composed of parts purposefully joined together. 47. Treatment. any method, technique, or process, including neutralization, designed.to change the physical,chemical,or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. 48. Vehicle. any means by which someone or something is carried or transported. 49. White goods. The term"white goods" includes refrigerators, ranges, water heaters, freezers, - unit air conditioners, washing machines, dishwashers, clothes dryers, and other similar domestic and commercial large appliances. 50. Yard waste'. The term"Yard wastes"means those organic materials commonly consisting of leaves, grass, weeds, hedge clippings, yard and garden waste, Christmas trees, pine straw, branches, small logs, twigs, and all vegetative matter resulting from residential landscaping activities. Isgshared\ordinancedraftl 5-clean.doc Commissioner Brown asked about the amount of money given to the Sheriff's Department 17 4-' and to the school systems. Dave Walters said that the school systems receive certain amounts based on enrollment. The Sheriff's Department allocation stayed the same this year. 7. PUBLIC HEARINGS A. Regulated Recyclable Materials Ordinance The Board held a public hearing to receive public comment on a draft Regulated Recyclable Materials Ordinance. Assistant County Manager Rod Visser said that the purpose of this agenda item was to receive public comment about a proposed regulated recyclable materials ordinance that has been in development for the past 12-15 months. It represents one of the major recommendations from the C&D Recycling Task Force that met from late 1999 through the summer of 2000. It recognizes that about 1/3 of the County's waste stream is made up of C&D materials and has been untapped in terms of what the County can do to try to improve per capita reduction in solid waste. Solid Waste Director Gayle Wilson made a power point presentation, which is incorporated herein by reference. In summary, he explained the various parts of the ordinance. He said that this ordinance would fundamentally change the way construction waste is managed in Orange County. Chair Halkiotis made reference to page four of the ordinance and asked about the proposal on the state regulation of agricultural operations related to burning activities. County Attorney Geoffrey Gledhill said that because development permits in counties are not regulated through the zoning regulations, then those development permits would not apply to agricultural practices. This regulation is regulating solid waste and the burning of trees and stumps for a development activity. The burning of trees and stumps in an agricultural activity is exactly the same activity being done for a different purpose. It creates an ordinance problem to exempt one activity and include the other. Commissioner Brown asked about going to the municipalities to ask them to consider adopting this ordinance. Geoffrey Gledhill said that this ordinance would apply everywhere outside of the municipal boundaries until and unless it is adopted by resolution by one of the Towns. Commissioner Jacobs asked which ordinances the County has that are similarly adopted by the municipalities. Geoffrey Gledhill said that the County's Erosion Control Ordinance is in place in Carrboro, Hillsborough, and the Orange County portion of Mebane. Chapel Hill has adopted, carte blanche, the Orange County Erosion Control Ordinance and works with the County because part of Chapel Hill is not in Orange County. Also the Animal Control Ordinance is at work in Hillsborough. There are several other ordinances, which have been adopted by municipalities. Chair Halkiotis reminded the public that this was a draft ordinance. CITIZEN COMMENTS Vaughn Compton said that the way this ordinance is written does not affect him. He would like to see this ordinance adopted with consideration for the farmers of Orange County. He sells firewood. He asked about the difference between people burning stumps and 1,000 people burning fireplaces and wood stoves. Geoffrey Gledhill said that this ordinance is not regulating emissions but it is regulating solid waste. The wood sold and used in fireplaces is not solid waste. Johnny Johnson is a private hauler. He asked that the County Commissioners consider the illegal dumping and to not penalize someone else for someone illegally dumping on their property. He feels that this ordinance will cause an increase in illegal dumping. Reese Martin, a grading and clearing contractor from Northern Orange County, said that the materials generated from an agricultural standpoint and from a development standpoint have to be dealt with. He is concerned that the issue of doing away with the burning is going to cause a problem with what to do with the materials. He purchased a piece of equipment that allows him to burn at a high temperature with virtually no smoke. He asked for an exemption from the burning ordinance if this type of equipment were used. He distributed a brochure describing this piece of equipment. This machine cost$30,000. Jim Meloy, a member of the Remodelers Council of the Homebuilders Association of Durham and Orange County, said that the association supports this ordinance, but the County Commissioners need to understand that this activity will increase the cost of a home in Orange County. Section 6 4-B of the ordinance includes too long of a waiting period for the review of building permits that involve demolition or deconstruction. The time uncertainty will add to the cost of the projects in Orange County. Commissioner Jacobs asked about a threshold for remodeling and other homeowner repairs and renovations that would be exempt. Gayle Wilson said that the threshold was eliminated, but in practice, there would be a limited number of demolition projects that would be subject to the delay. Richard Leber spoke as a member of the C&D task force. He said that the task force felt that recycling today was a good idea to extend the life of the landfill here in Orange County. Another feeling of the task force was that Orange County residents should be responsible to take care of those items that we can within the County itself and recycle if possible. The third item is that there is a feeling that some items have more economic value than other values. Howard McAdams said that the farmers of Orange County strongly object to the solid waste proposal, which contains the provision to prohibit burning of stumps, brush, and trees from clearing land for agricultural uses. The main objections are that there would be great additional cost to alternative methods of taking care of the trees and brush left from clearing of land for agricultural use. Also, the farmers have no way of passing this additional cost to the people because they are usually not able to set the prices they receive for their products. Developers can pass increased costs along to buyers of their land. There are relatively small amounts of land cleared each year for agricultural use in Orange County. Occasionally situations arise where farmers want to even out a field, reclaim a grownup field, or clean up pastures where trees have fallen from hurricanes or wind storm damages such as we have seen in the past several years. Farmers need to have the ability to continue to burn this debris to make their operations feasible. Increased costs of doing business from new regulations add to the difficulty of maintaining farming profitability. Anything that affects profitability discourages agriculture and makes it harder for those currently in farming to keep farming. He said that tax records would show if land was in land use and it would be easy to distinguish developed land from agricultural land. He also asked that there be exemptions from storm damage burning. Chair Halkiotis asked Karen McAdams, Mr. McAdams' wife, if there is a record of how much land is cleared for agricultural uses and she said that her estimate is about 75 acres. The other uses are very limited. The land clearing would be the largest use. James Horner, a sod farmer in northern Orange County, said that he opposes the burning ban for agricultural use. If he expands his operation, the cost would be too much if he could not burn. Chair Halkiotis said that he would personally not want to do anything that would hurt Mr. Horner's business. He congratulated him on his sod operation. Chair Halkiotis asked about how often a tub grinder is brought in and Gayle Wilson said that he brings it in about two or three times a year. They wait until they have 2,000 tons of yard waste material. It costs $10.00 a ton to grind the debris. He said that, as a part of the ordinance, the implementation plan recommends that Orange County acquire such a tub grinder. It is possible that an arrangement could be made with legitimate agricultural purposes to operate the grinder at some kind of reduced rate to assist the farmers. He is not sure if it would be legal to do this for farmers and not for developers. Ed Houser, owner of a general contracting business, asked that the County Commissioners consider how they can sort the waste out in a reasonable space so that people could get their work done. He said that there should be room to sort the waste. Sue Sweezy, from Recycling for Youth, talked about the illegal dumping that is done at the site they maintain for wooden skids. She said that her understanding is that there would be lower tipping fees for those who separate materials and there are also three new positions. She asked for the financial information on the tipping fees and also the new positions. Commissioner Brown asked staff for a list of ways of sorting construction debris onsite. The Board would like to see some creative ideas about allowing burning for agricultural uses. Commissioner Jacobs would also like staff to come back with ideas about establishing a threshold below which renovations would be exempt. Commissioner Brown would also like the staff to come back with some type of response to the storm damage issue. Commissioner Brown would also like the staff to come back with some of the economic issues of this ordinance. A motion was made by Commissioner Jacobs, seconded by Commissioner Brown to close the public hearing. VOTE: UNANIMOUS 8. ITEMS FOR DECISION -CONSENT AGENDA 7'motion was made by Commissioner Jacobs, seconded by Commissioner Brown to approve those items on the consent agenda as stated below: a. Appointments The Board approved appointments to the Economic Development Commission and Workforce Development Board. Robert B. Ward was appointed to a term ending June 20, 2004 on the Economic Development Commission. Phyllis West was appointed to a term ending June 30, 2003 to the Workforce Development Board. b. Minutes The Board approved minutes from the following meetings: April 3, 2001 regular meeting, April 26, 2001 meeting with the Board of Health, April 16, 2001 budget work session, April 17, 2001 meeting with UNC-Chapel Hill, April 17, 2001 regular meeting, April 19, 2001 Assembly of Governments, April 25, 2001 work session, May 14, 2001 budget work session, May 24, 2001 budget presentation, May 29, 2001 quarterly public hearing, and May 31, 2001 budget public hearing. C. Motor Vehicle Property Tax Refunds The Board approved four requests for motor vehicle property tax refunds amounting to $337.48 in accordance with the refund resolution, which is incorporated herein by reference. d. Property Tax Refunds The Board approved five requests for property tax refunds amounting to$1,207.46 in accordance with the refund resolution, which is incorporated herein by reference. e. Property Value Changes The Board approved property value changes after the 2001 Board of Equalization and Review adjourned in accordance with the resolution, which is incorporated herein by reference. f. Late Applications for Property Homestead Exemptions The Board approved four late applications for granting a homestead exemption for the 2001 tax year in accordance with the resolution, which is incorporated herein by reference. g. Applications for Property Tax Exemption The Board approved untimely applications for granting exempt status from ad valorem taxes for the 2001 tax year in accordance with the resolution, which is incorporated herein by reference. h. Classification Plan Amendment—Senior Accounting Technician The Board amended the County classification and pay plan by changing the class title and salary grade of the existing class of senior accounting technician at salary grade 64 to accounting technician supervisor at salary grade 66, with a hiring range of$29,266-35,571. I. Resolution Giving Notice of Salary Adjustment for Sheriff and Register of Deeds The Board approved the resolution, which is stated below, to give notice of adjustment in salary for the Sheriff and Register of Deeds. Resolution Giving Notice to all Candidates for the Register of Deeds and Sheriff Positions In Orange County The Orange County Board of Commissioners, as authorized by North Carolina General Statutes 153A- 92, has set the starting salaries for the Sheriff and Register of Deeds positions as provided below. This will affect the individuals elected to these offices when they take office. All other compensation elements including expense allowances are as set forth in the Orange County Personnel Ordinance. - The starting salary for the Sheriff's position will be Step 1 of Salary Grade 80 in the Orange County Classification and Pay Plan. The Step 1 salary is $57,938.