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Home My WebLink AboutORD-2001-031 Regulated Recyclable Materials Ordinance LAW OFFICES COLEMAN, GLEDHILL &HARGRAVE A PROFESSIONAL CORPORATION 1291 TRYON STREET P.O.DRAWER 1529 HILLSBOROUGH,NORTH CAROLINA 27278 919-732-2196 FROM THE DESK OF FAX 919-732-7997 GEOFFREY E.GLEDHILL WEBSITE WWW.CGANDH.COM E-MAI •geoffrey0edhi11@cgandh.c= November 2, 2001 VIA FACSIMILE Stephen H. Halkiotis, Chair Margaret W. Brown Moses Carey, Jr. Alice M. Gordon Barry Jacobs Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Regulated Recyclable Materials/Burning Solid Waste Dear Board Members: At your recent work session you discussed the draft Regulated Recyclable Materials Ordinance in anticipation of the November 7, 2001 public hearing on that Ordinance. The Solid Waste staff will address in one way or another the concerns expressed by the Board at the recent work session. I write separately to make several points . The first is to recall to you that this Ordinance is not an ordinance which regulates emissions . Rather, it is an ordinance which regulates solid waste. Orange County has tried, unsuccessfully, to get authority from the General Assembly to regulate emissions . A copy of the Board' s resolution including the draft bill to that effect is enclosed. Since the County' s authority to directly control emissions is not clearly established, it was my recommendation that the . County regulate material frequently disposed of by open burning as solid waste and prohibit its disposal by open burning as part of its broad authority to regulate solid waste . Consistent with that approach, it is my recommendation that the anti-burning provisions of the regulated recyclable materials ordinance not Orange County Board of Commissioners Page 2 November 2, 2001 be characterized as controlling emissions or designed to control emissions . The public record of the adoption of a regulated recyclable materials ordinance which prohibits burning as a method of disposal of regulated recyclable materials should focus on the stated Findings and Purpose of the draft ordinance under consideration. Second, at some point I hope the County receives additional legislative authority to prohibit burning associated with land development in the County as part of the County' s development ordinances. You' ll recall that the County received authority to accomplish this in all but two voting precincts. No amendment to the development ordinances has been presented to you, however. This is so because it is my opinion that exercising or not the County' s police power along voting precinct lines is not compatible with North Carolina law— The good news is that a bill which will effectively eliminate the voting precinct problem got through the Senate this session of the General Assembly. That means it is eligible for consideration by the House during the Short Session. Prohibiting open burning of trees, land clearing debris and construction debris in land development permits will give the County another valuable tool to stop this practice. Presently the Towns of Chapel Hill and Carrboro have authority to prohibit open burning in land development permitting. Finally I want to comment on the way the draft ordinance addresses open burning as an agricultural practice, including horticulture and silviculture (forestry) . The Board had expressed an interest in the open burning prohibition having as minimal an impact on agriculture as reasonably possible. Virtually all agricultural open burning practices avoid regulation in the draft ordinance. The table in the open burning section of the September 5, 2001 memorandum from Gayle Wilson to John Link illustrates that . The way the draft ordinance accomplishes this is by prohibiting the open burning of non- reusable wood waste and by defining non-reusable wood waste narrowly. The definition includes only trees cleared from land for any purpose other than sale or for use on site. Therefore, trees cannot be cleared from property, piled up and burned. This is true, as it must be to avoid arbitrariness, whether the activity is performed by a land developer, a government or a farmer. Since trees have value as trees, there are options Orange County Board of Commissioners Page 3 November 2, 2001 available for their use or reuse. Burning them or hauling them off are not the only options. They can be sold for their timber or pulp value. They can be sawn for boards for siding farm buildings and other farm building repairs. They can be sawn and used for firewood. And, the open burning prohibition is not violated if the cleared trees are piled and permitted to naturally dec'ompose. Permitting the open burning of trees cleared for agricultural purposes would erode the underpinning of the prohibition on the open burning of trees now contained in the draft ordinance. I recommend that you either prohibit the burning of all non-reusable wood waste or not regulate it at all . Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. )p rey E. )dh i 11 GEG/lsg Enclosure xc: John M. Link, Jr. Rod Visser Gayle Wilson lsg:letters\bdofcomregrecylmat.ltr NORTH CAROLINA . RESOLUTION REGARDING ORANGE COUNTY LEGISLATIVE MATTERS BE IT RESOLVED by the Board of County Commissioners of Orange County that the Board hereby requests the Senators and Representatives representing Orange County to introduce and support the following legislative matters: 1. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY A TAX ON THE IMPACT OF LAND DEVELOPMENT FOR THE PURPOSE OF GENERATING REVENUES TO PAY PART OF THE COSTS OF SCHOOL CAPITAL FACILITIES (Exhibit A to this Resolution) ; 2. AN ACT RELATING TO CLASSIFICATIONS UNDER THE ORANGE COUNTY CIVIL RIGHTS ORDINANCE (Exhibit B to this Resolution) ; 3. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING' REAL PROPERTY IN ORANGE COUNTY (Exhibit C to this Resolution) ; 4. AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY ONE-CENT LOCAL SALES AND USE TAXES FOR PUBLIC CAPITAL FACILITIES (Exhibit D to this Resolution) ; 5. AN ACT TO CLARIFY THE AUTHORITY OF ORANGE COUNTY TO REGULATE THE USE, STORAGE, DISPOSAL, LABELING, OR APPLICATION OF PESTICIDES (Exhibit E to this Resolution) ; 6. AN ACT TO AMEND THE AGRICULTURAL, HORTICULTURAL, AND FOREST LAND PROPERTY TAX CLASSIFIATION TO INSURE THAT PROPERTY TRANSFERRED FROM FARMER TO FARMER DOES NOT LOSE ITS ELIGIBILITY FOR THE CLASSIFICATION (Exhibit F to this Resolution) ; 7 . AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE 5 122C- 251 (h) (INVOLUNTARY COMMITMENT-TRANSPORTATION) TO PROVIDE THAT THE COST AND EXPENSE OF TRANSPORTING A RESPONDENT- IN AN INVOLUNTARY COMMITMENT PROCEEDING TO OR FROM A 24-HOUR FACILITY IS THE RESPONSIBILITY OF THE COUNTY OF RESIDENCE OF THE RESPONDENT (Exhibit G to this Resolution) . 8. AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE 5 153a- 445 (MISCELLANEOUS POWERS FOUND IN CHAPTER 160A) TO AUTHORIZE COUNTIES TO REGULATE BY ORDINANCE THE EMISSION OF POLLUTANTS OR CONTAMINATES IN THE SAME MANNER AND TO THE SAME DEGREE AS CITIES ARE SO AUTHORIZED AS PROVIDED IN N.C. GEN. STAT. § 16OA-185 (Exhibit H to this Resolution) . Upon motion of Commissioner Jacobs, seconded by Commissioner Halkiotis, the foregoing resolution was adopted this the 3rd day of March, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of -the proceedings of said Board at a meeting held on March 3, 1999 -as. relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. P of the minutes of said Board. REG��,1.1G SCLUTICN. T�ATTEgS - "L WITNESS my hand and the seal of said County, this day of 2999. Clerk to 4& Board of Commissioners mydocuments/#2resreglegmatter.doc 'k •:�ki ;•;r„ ;iz Exhibit H - `' A BILL TO BE ENTITLED AN ACT AMENDING NORTH CAROLINA GENERAL STATUTE § 153A-445 (MISCELLANEOUS POWERS FOUND IN CHAPTER 160A) TO AUTHORIZE COUNTIES TO REGULATE BY ORDINANCE THE EMISSION OF POLLUTANTS OR CONTAMINATES IN THE SAME MANNER AND TO THE SAME DEGREE AS CITIES ARE SO AUTHORIZED AS PROVIDED IN N.C. GEN. STAT. 5 160A-185. The General Assembly of North Carolina enacts: Section 1. G.S. 153A-445(a) reads as ,rewritten: I (a) A county may take action under the following provisions of Chapter 160A: (1) Chapter 160A, Article 20,- Part 1. -- Joint Exercise of Powers. (2) Chapter 160A, Article 20, Part 2. -- Regional Councils of Governments. (3) G.S. 16OA-487. -- Financial support for rescue squads. {) (4) G.S. 160A-488. -- Art galleries and museums. i (5) G.S. 160A-492. -- Human relations programs. (6). G.S. 160A-497. -- Senior citizens programs. . (7) G.S. 160A-489. -- Auditoriums, coliseums, and convention and civic centers. (8) G.S. 160A-498. -- Railroad corridor preservation. (9) G.S. 16OA-185. - Emission of pollutants or contaminates. Section 2. This act is effective when it becomes law. mydocumentslpollutantsbil L doc (' t •�'�.- ':v•• , • "' :.:.T'f,^TC'�::.tin. �.��.a.:'e V. 22 i" §160A-183 CH. 160A. CITIES AND TOWNS §160A-186 § 160A-183. Regulation of explosive, corrosive, in- flammable, or radioactive substances. A city may by ordinance restrict, regulate or prohibit the sale, possession, storage, use, or conveyance of any explosive, corrosive, inflammable, or radioactive substances, or any weapons or instru- mentalities of mass death and destruction within the city. (1917, c. II 136, subch. 5, s. l; 1919, cc. 136, 237; C.S., s. 2787; 1971, c. 698, s. § 160A-184. Noise regulation. A city may by ordinance regulate,restrict,or prohibit the produc- tion or emission of noises or amplified speech, music, or other sounds that tend to annoy,disturb,or frighten its citizens. (1971, c. 698, s. 1; 1973, c. 426, s. 25.) CASE NOTES - Prevention of Disturbing Noises. 331,164 S.E.2d 607(1968),decided prior —The protection of the well-being and to enactment of this section. i tranquility of a community by the rea- Applied in Jim Crockett Promotion, ' sonable prevention of disturbing noises Inc. v.City of Charlotte, 706 F.2d 486 is within the city's power to control nui- (4th Cir. 1983). sances. State v. Dorsett, 3 N.C. App- .� i §' 160A-185. Emission of pollutants or contami- nants. -s A city may by ordinance regulate, restrict,or prohibit the emis- sion or disposal of substances or effluents that tend to pollute or i contaminate land, water, or air, rendering or tending to render it injurious to human health or welfare, to animal or plant life or to property, or interfering or tending to interfere with the enjoyment of life or property.Any such ordinance shall be consistent with and $ supplementary to State and federal laws and regulations. (1917, c. 136,subch.5,s.1; 1919,cc. 136,237;C.S.,s.2787; 1949,c.594,'S.2; 1971, c. 698, s. 1; 1973, c. 426,'s. 26.) Cross References.—As to authority sons, firms or corporations for the dis- - of counties,cities and towns to enter into posal of solid waste, see H 153A-299.1 tong-term contracts with private per- through 153A-299.6. 1 CASE NOTES Cited in Stanley Y. Department of Conservation & Dev., 284 N.C. 15, 199 S.E.2d 641 (1973). § 160A-186. Regulation of domestic animals. A city may by ordinance regulate, restrict, or prohibit the keep- ing, running, or going at large of any domestic animals, including dogs and cats. The ordinance may provide that animals allowed to run at large in violation of the ordinance may be seized and sold or destroyed after reasonable efforts to notify their owner. (1917, c. 162 Mh North Carolina General Assembly- ...Information/History[2001 -ACto2l'www.ncga.state.nc.us/gascri...number.pl?Session=2001&BiIIID=s662 G e ti e ra I As' ' inb Search House Senate SMInto Leg.Info � Relpresentatlan ' Help ' I enate i t range Open Burning Regulation ( = H 932 ) Bill Text: Edition 1 Introduced by: Eleanor Kinnaird, Howard N. Lee PA = Public/Local Bill ( $ = Affects Appropriations Bill Text Has Changed 2QQ 200 s 1 "01-41ruKfnt alyd^, F' i'lAb. z a 'i Si'kMftt°�+ l Date" Ac 'a 4 43I2 %2'OQP1 S e t- and To P�(322(2001 $S' Ref Cm On Sta_e� L?o"tavernments N t?4J if200i puppg 042F2 Q1 S. �assed�2" cI'`&�3Read nag: ". 044 17 2. Q; rRe Se`e' . rF � 42£Q RefaTo om Oniciary`( '� [how a law is made] Bill Look-Up Enter a bill number to search for. Example: Enter s7 to search for Senate Bill 7 or H7 to search for House Bill 7. 2001 -2002 Session I•I Bill Number: Look-Up Disclaimer tofl Norfn Carolina General Assembly-...e Open Burning Regulation. (Loeii�p://www.ncga.state.nc.us/htm12O...tVersion/senate/sbi10662.f ill.html GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001 S 1 SENATE BILL 662 Short Title: Orange Open Burning Regulation. (Local) Sponsors: Senators Kinnaird and Lee. Referred to:� State and Local Government. March 22, 2001 A BILL TO BE ENTITLED AN ACT AMENDING AN ACT AUTHORIZING ORANGE COUNTY TO REGULATE OPEN BURNING. The General Assembly of North Carolina enacts: SECTION 1. Section 3 of S.L. 2000-107 reads as rewritten: "Section 3. Section 1 of this act applies to Carteret, Orange, and Pender Counties only. Section 2 of this act applies to Orange County enly, eXeept that it dees net apply t-9 Earn and Eheeks Preeinets only. " SECTION 2. This act is effective when it becomes law. North Carolina General Assembly-House Bill 1768 Information/History [1999 - 2000] Page 1 of 2 44.; . t [back] House Bill 1768 CARTERETMENDER/ORANGE OMNIBUS ACT Bill Text: Edition 1 1 Edition 2 1 Edition 3 1 Edition 4 ( Ratified Chaptered Introduced by: Hackney_, Insko P/L = Public/Local Bill $ = Affects Appropriations * = Bill Text Has Changed Session: 1999-2000 Prime Sponsors: Verla C. Insko Fiscal Note: N/A Attributes: L Date Action 05/25/2000 H Ref to Local Government I 06/27/2000 H REPTD FAV 06/27/2000 H Ref to Finance 06/30/2000 HA REPTD FAV COM SUBSTITUTE 06/30/2000 H CAL PURSUANT RULE 36(B) 06/30/2000 H PLACED ON CAL FOR 07-05 07/05/2000 H POSTPONED TO 07-06 07/06/2000 HA AMEND ADOPTED 1 07/06/2000 H PASSED 2ND&3RD READING 07/07/2000 S REC FROM HOUSE 07/07/2000 S Ref to Finance 07/11/2000 SA REPTD FAV COM SUBSTITUTE 07/1112000 SA COM SUBSTITUTE ADOPTED 07/11/2000 S PLACED ON CAL FOR 07-11 07/11/2000 S PASSED 2ND&3RD READING 07/11/2000 H REC TO CONCUR S COM SUB 07/11/2000 H PLACED ON CAL FOR 07-11 07/11/2000 H CONCURRED IN S/COM SUB 07/12/2000 H RATIFIED 07/12/2000 R CH. SL 00-0107 [bill status abbreviations] [how a law is made] Bill Look-Up Enter a bill number to search for. Example: Enter s7 to search for Senate Bill 7 or H7 to search for House Bill 7. 1999-2000 Session Bill Number: F7 + Data Last Updated:Jul 18 2000 5:35PM httD://www.nciza.state.nc.us/gascripts/billnumber/billnumber.pl?Session=1999&BillID=Hl768 7/21/00 North Carolina General Assembly- [H 1768 vc] HOUSE BILL 1768 Page 1 of 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 SESSION LAW 2000-107 HOUSE BILL 1768 AN ACT MAKING.OMNIBUS CHANGES TO CERTAIN GENERAL AND LOCAL LAWS AFFECTING CARTERET, ORANGE, AND PENDER COUNTIES. The General Assembly of North Carolina enacts: PART I. CARTERET,, ORANGRAP AND PENDER COUNTIES ADDED TO THOSE .COUNTIES-,USING ATTACHMENT AND GARNISHMENT IN THE COLLECTION OF AMBULANCE SERVICE FEES Section 1. G.S. 44-51.8 reads as rewritten: 115 44-51.8. Counties to which Article applies. The provisions of this Article shall apply only to Alamance, Alexander, Alleghany, Anson, Ashe, Beaufort, Bladen, Brunswick, Buncombe, Burke, Cabarrus, Caldwell, Carteret, Caswell, Catawba, Chatham, Cherokee, Chowan, Cleveland, Columbus, Craven, Cumberland, Dare, Davidson, Davie, Duplin, Durham, Edgecombe, Forsyth, Franklin, Gaston, Graham, Granville, Greene, Guilford, Halifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde, Iredell, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon, Madison, Mecklenburg, Mitchell, Montgomery, Moore, Nash, New Hanover, Onslow, orange, Pasquotank, Pender, Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham, Rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry, Swain, Transylvania, Tyrrell, Union, Vance, Wake, Warren, Washington, Watauga, Wilkes, Wilson, Yadkin and Yancey Counties." PART 11. REGULATION OF OPEN BURNING Section 2. G.S. 153A-136 reads as rewritten: I'S 153A-136. Regulation of solid wastes. (a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may: (1) Regulate the activities of persons, firms, and corporations, both public and private. (2) Require each person wishing to commercially collect or dispose of solid wastes to secure a license from the county and prohibit any person from commercially collecting or disposing of solid wastes without a license. A fee may be charged for a license. (3) Grant a franchise to one or more persons for the exclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area. The board of commissioners may set the terms of any franchise, except that no franchise may be granted for a period exceeding 30 years, nor may any franchise by its terms impair the authority of the board of commissioners to regulate fees as authorized by this section. (4) Regulate the fees, if any, that may be charged by licensed or franchised persons for collecting or disposing of solid wastes. (5) Require the source separation of materials prior to collection of solid waste for disposal. , (6) Require participation in a recycling program by North Carolina General Assembly- [H 1768 vc] HOUSE BILL 1768 Page 2 of 3 requiring separation of designated materials by the owner or occupant of the property prior to disposal. An owner of recovered materials as defined by G.S. 130A-290 (a) (24) retains ownership of the recovered materials until the owner conveys, sells, donates, or otherwise transfers the recovered materials to a person, firm, company, corporation, or unit of local government. A county may not require an owner to convey, sell, donate, or otherwise transfer recovered materials to the county or its designee. If an owner places recovered materials in receptacles or delivers recovered materials to specific locations, receptacles, and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee. (7) Include any other proper matter. (b) Any ordinance adopted pursuant to this section shall be consistent with and supplementary to any rules adopted by the Commission for Health Services or the Department of Environment and Natural Resources. (c) The board of commissioners of a county shall consider alternative sites and socioeconomic and demographic data and shall hold a public hearing prior to selecting or approving a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State. The distance between an existing and a proposed site shall be determined by measurement between the closest points on the outer boundary of each site. The definitions set out in G.S. 130A-290 apply to this subsection. As used in this subsection: (1) "Approving a site" refers to prior approval of a site under G.S. 130A-294(a) (4) . (2) "Existing sanitary landfill" means a sanitary landfill that is in operation or that has been in operation within the five-year period immediately prior to the date on which an application for a permit is submitted. (3) "New sanitary landfill" means a sanitary landfill that includes areas not within the legal description of an existing sanitary landfill as set out in the permit for the existing sanitary landfill. (4) "Socioeconomic and demographic data" means the most recent socioeconomic and demographic data compiled by the United States Bureau of the Census and any additional socioeconomic and demographic data submitted at the public hearing. (d) As used in this section, "solid waste" means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A-290 but not including hazardous waste. (e) A county may, as a condition of approval of any permit for a subdivision, clearing, and development of land or construction of buildings within the planning jurisdiction of the county, regulate and prohibit the open burning of trees, limbs, stumps, and construction debris associated with the permitted activity. Agricultural, horticultural, and silvacultural activities which are exempt by law from requirements- of a county permit for subdivision, clearing, and development of land or construction of buildings within the planning jurisdiction of the county are not made subject to such permitting by this subsection. " PART III. APPLICABILITY AND EFFECTIVE DATE Section 3. Section I of this act applies to Carteret, Orange, and Pender Counties only. Section 2 of this act applies to Orange County only, except that it does not apply to Carr and Cheeks,'Precincts. Section 4. This act is effective when it becomes law. In the General Assembly read three times and ratified '7/')0/1)0 North Carolina General Assembly- [H 1768 ve]HOUSE BILL 1768 Page 3 of 3 this the 12th day of July, 2000. s/ Marc Basnight President Pro Tempore of the Senate S/ James B. Black Speaker of the House of Representatives bttn'UyVWW.ncIeonat/html1UQQ/hill 1'7.<Q AM t,+— '7i)n/AA 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 R6cyclable 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. 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 Municipalities 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 bums 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 Clearing - 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 d�- 5