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HomeMy WebLinkAboutORD-2000-137 Construction and Demolition Waste Regulation for Recycling ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 17,2000 Action Agenda Item No. SUBJECT: Construction and Demolition Waste Regulation for Recycling DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 10/17/00 SW Director Memo Gayle Wilson, Solid Waste Management 9/27/00 Assistant County Attorney Memo Director, 968-2885 Draft Ordinance Blair Pollock, Solid Waste Programs C&D Task Force Statement of Principles Manager, 968-2788 C&D Task Force Summary of Geof Gledhill, County Attorney 732-2196 Recommendations TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To review the proposed ordinance regulating construction, demolition and other recyclable wastes, consider the proposed timetable for implementation, and discuss possible resolution of some key issues in managing construction and demolition waste for recycling. BACKGROUND: In 1999, the BOCC authorized creation of a C&D waste recycling task force. That task force completed its work with a report to the BOCC presented on August 15, 2000. A key task force recommendation was passage of an ordinance regulating recyclable C&D Materials. This 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 draft ordinance attached 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. FINANCIAL IMPACT: Implementation has impact in both the staff required to properly administer the ordinance and the proposed development by the County of a materials handling infrastructure to manage the materials proposed to be regulated for recycling. A report detailing the proposed financial impacts is scheduled to be delivered later this calendar. year. RECOMMENDATION(S): The Manager recommends that the Board consider the attached report, ordinance, timetable for action and unresolved key issues and provide guidance to the staff on next steps for passing the ordinance and implementing the plan to manage the materials proposed for regulation. 3 Memorandum To: John Link, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Construction and Demolition Waste Management Implementation Plan Date: October 17, 2000 This memorandum describes some of the tasks involved in implementing the ordinance and the program;contains a draft version of the ordinance,proposes a timeline for implementation of a construction and demolition waste management effort in Orange County, and delineates some of the key unresolved issues for implementation of the construction and demolition waste recycling ordinance. The revised draft version of the ordinance with cover memorandum from the County Attorney is contained as attachment #1. It was originally submitted to the Board of Orange County Commissioners(BOCC) on September 5,2000. Staff requests that the BOCC review the issues raised in the memorandum,the proposed timetable for the program and the ordinance and provide guidance for implementation. Background The unlined construction and demolition(C&D)waste landfilling area of the Orange County landfill on the north side of Eubanks Road is estimated to be full in early 2002. No replacement facility or management plan has been developed. The C&D area of the landfill has been operating since 1994 accepting only the separated C&D and other dry materials such as broken ftu-niture,mattresses, etc. An average of about 31,000 tons of material are landfilled there annually including an estimated 16%clean,unpainted,untreated wood, 2%pallets,2.5% scrap metal, 10% drywall, and 20%inert debris and stumps. In autumn 1999, the Board of Orange County Commissioners designated the development of a Construction and Demolition Waste Recycling Task Force to assist the County in development of policies,plans and programs for reduction of waste from construction and demolition activities in Orange County. The Task Force included membership from across Orange County including two residential builders,citizens, elected officials,Habitat for Humanity staff and leadership,UNC and members of the future Solid Waste Advisory Board. Commissioner Barry Jacobs chaired the Task Force. The Guiding Principles for the Task Force are contained as attachment#2 to this memorandum. The Task Force issued its final report to the BOCC August 15,2000. There were eleven recommendations contained as attachment#3 to this memorandum. The first three were: mandate recycling or reuse of C&D materials through an ordinance, adopt policies and programs to implement the ordinance, and develop a location at which to conduct C&D waste management activities. 3 4 Discussion Ordinance on Regulated Recyclable Waste Materials Staff has developed a draft ordinance that mandates source-separation of recyclable materials, licenses haulers of those materials and prohibits burning of solid waste.A memorandum from the County Attorney and a copy of the ordinance are attached. The ordinance(attachment#1) states that those regulated recyclable materials must be separated at the point of generation,which is typically a construction or demolition site. There are provisions for licensing haulers and for requiring permits and plans for certain construction projects. Additionally,when and if loads of C&D waste reach Orange County's landfill,they must meet the separation requirements applying to wood,metal, drywall and other regulated recyclable materials. Penalties include revocation of licenses and civil/criminal remedies. Construction and Demolition Waste Composition and Potential Diversion Impact on Waste Reduction Goals The readily recyclable fraction of unpainted, untreated solid wood,pallets, unpainted drywall, inert debris and scrap metal, excluding reusable furniture and other goods, is estimated at 60%of the 31,000 tons landfilled annually or 18,700 tons per year. Without inert debris, the potentially recyclable fraction is 28%or 8,600 tons. (NOTE: Inert Debris estimates average includes shingles in some calculations. If shingles are removed, estimated at 10%of C&D)then estimate falls from 70%to 60%. )If reliable long-term markets are developed for roofing shingles and carpeting the potentially recyclable fraction could rise another 12%to 72%of total waste. (Table 1,next page). Not all of the recyclable fraction would be easily recoverable. We estimate that in a mature recycling and waste reduction program, about 90%of the readily recyclable fraction could be recovered or 7,800 tons,without inert debris. (Four years after implementing the landfill ban on non-residential recyclable corrugated cardboard, over 95%of that corrugated cardboard is now removed from the MSW waste stream according to the most recent waste sort data) According to the State of North Carolina that potentially recyclable fraction represents 8 percent of the 97,299 tons of total waste recorded as having been disposed from Orange County in 1998-99. If this additional 7,800 tons of recyclable waste had.been recycled or otherwise diverted from landfilling during that year, Orange County's measured waste reduction percentage would have increased to 40% from 34%when compared to the base year of 1991-92. Our goal for 2001 is 45%waste reduction per capita. 4 5 Table I C&D Waste Composition Year of Sort 1990 1995 1996 2000 Average SCS qCS Staff Staff of avg's) INERTS 45.1 38.2 46.1 41.1 42.6 Rock 1.6 15.7 n/a n/a Dirt/Stumps 6.1 10.5 10.7 20.7 Concrete/Brick/Block 0.8 7.3 34.7 11.4 Asphalt/Shingles* 20.7 4.7 12.8 9.0 Other Inert 15.9 n/a n/a n/a WOOD 29.8. 42.2 22.7 29.0 30.9 Solid,Unpainted, 15.3 22.4 13.6 12.4 Untreated Lumber Engineered Wood in lumber in lumber in lumber 8.8 Painted/Treated 10.8 11.1 6.4 5.0 Yard Waste 0.5 8.3 0.5 <1 Pallets 3.2 0.4 2.2 2.8 METAL 1.9 0.2 5.4 2.1 2.4 .DRYWALL 18.1 8.1 8.4 6.2 10.2 OTHER 5.1 11.3 17.4 21.5 13.8 Furniture n/a n/a n/a 3.3 Carpet n/a n/a 0.2 1.6 Electronics n/a n/a n/a 3.4 Plastic 1.0 0.4 0.3 n/a Paper 1.0 0.4 0.8 n/a Miscellaneous n/a 3.9 4.1 1 13.2 1 shingles estimated at 10%of waste stream Key Unresolved Issues in Development of the Ordinance Certain key issues that must be addressed in the development of a workable ordinance have not been finalized. Without resolution,the ordinance is vague and difficult to enforce. Those include: A. Demolition wastes: It is much more difficult and therefore more costly to extract recyclable wood and metal and other LCOlated recyclable materials from demolition work than new construction. The cost of deconstruction,in order to retrieve recyclable wood,metal and other recoverable materials is typically greater than the cost of demolition. This problem can be addressed in several ways in the regulations: 5 6 1. Continue to require complete separation and not be concerned about the additional costs to the project of deconstruction or other means of separating the regulated materials. One assumption here is that this will stimulate the development of a deconstruction industry. This would help the savings from deconstruction, in avoidance of tipping fees plus potential revenue from the sale of salvaged materials, outweigh the costs. 2.. Exempt demolition.waste from separation requirements. 3. Set a size threshold for the project so that demolition of projects of say less than 1,000 square feet would be exempt from the source-separation requirement. Those greater than threshold would not be exempt. 4. Raise the tolerance limits for allowance of regulated recyclable materials mixed with the demolition wastes from a minimal amount to some reasonable percent of the total waste. E.g. no more than 10%clean, solid sawn wood and no more than 2%metals or other regulated recyclable materials. 5. Grant permits for deconstruction immediately and reserve the demolition permits for 180 days or even up to one year as an incentive to deconstruct. In addition, allow some higher tolerance for those projects in which it is difficult to separate recyclable materials such as wood with significant amounts of old plaster on it or metals that are tied to flooring or other non-metal structural members. The table below summarizes these options for managing regulated recyclable materials from demolition wastes. Table 2 Options for Regulating Demolition Wastes Option Advantages Disadvantages 1.Require complete separation May"force"development of Creates more expense for builder. of related recyclable deconst expertise as a response. materials as with new No judgment calls about what is construction. demo v.remodeling,renovation, etc. 2. Exempt demo waste from Creates a"compromise" Ensures more waste,creates animosity Separation Requirements atmosphere b/w the regulators and b/w new const.and demo.Reduces the those regulated. push for reuse/deconst. 3 and 4.Exempt small demo Reasonable approaches under Difficult to set size or tolerance threshold projects from separation which costs are reduced where and requires constant re-evaluation, requirements or set higher project cannot bear them. creates potential"loopholes".Difficult to tolerance levels for enforce. separation from demo projects than new const. 5. Grant deconst.permits Potentially encourages deconst. Causes artificial delay in projects without early, delay for demo because of time advantage to creating any advantage.Builders will just permits builder wait it out then charge more due to lost time. 6 7 B. Use of C&D recycling facilities outside the Orange County Landfill. Mixed construction waste recycling facilities are being developed in our region. Waste Industries,Inc. is developing one at their permitted Land Clearing and Inert Debris (LCID) facility in Durham where they will be able to remove recyclable wood wastes and other materials from what is delivered before they landfill the inert fraction.DH Griffin Wrecking is developing a mixed C&D waste separation facility in Raleigh that will likely be operational by the end of this calendar year. If a contractor is using Waste Industries or other owner of a C&D recycling facility as its hauler and/or states that they are hauling materials to a licensed recycling facility such as DH Griffin or Waste Industries, and that facility can demonstrate it is meeting a level of recycling and waste removal equal to that which would occur from compliance with the County's source separation-ordinance,then hauling of mixed materials to those type facilities could be permitted. A question then arises if a contractor states he is going to use an out-of-county mixed C&D waste recycling facility,must the permitted facility have exactly the same rules and list of recycled materials as Orange County or would an equivalent be sufficient if the facility could demonstrate that it met the same level of diversion and recycling as Orange County? Acceptance by Orange County of use of out- of-county recycling facilities that do not recycle the same materials as in Orange County as an alternative in the ordinance,would require inspection and/or certification of those facilities by Orange County, acceptance of the certification of such facilities by another party such as the State of North Carolina, the County in which the facility is located, or certification by an independent auditor. It should be noted that GS 130A-309.09D requires"...the owner or operator of a privately owned or operated municipal solid waste management facility shall not knowingly dispose of any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance: (1) Prohibits generators or collectors of municipal solid waste from disposing of that type,or form of municipal solid waste. - (2) Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste." In the table below are two options for requiring or not requiring source-separation before transporting regulated recyclable materials to out-of-county recycling facilities. Table 3 Use of Out-of-County C&D Recycling Facilities: Option Advantages Disadvantages 1.Require complete separation No judgment calls about whether May inhibit development of alternative of regulated recyclable other facilities are meeting Orange facilities that can readily meet the same materials before removal from Co.waste ordinance standards if percentage as Orange Co.but recycling a Orange County,regardless of source sep.and hauling still different mix of materials destination. required. 7 8 2.Exempt from Creates a"compromise" Creates need for ongoing certifications, separation requirements those atmosphere b/w the regulators and re-inspections of remote facilities, Creates generators and haulers who can those regulated. Encourages contradiction between those who must "prove"they are using a alternatives and innovation to recycle a prescribed set of materials in recycling separation facility _ meet the recycling/waste Orange Co. and those who say they are somewhere else. diversion standard going to recycle different materials elsewhere but the same amount or more as Orange requires. C Coordination with other local governments in Orange County and UNC The majority of construction and therefore waste generation is taking place within the corporate limits or extraterritorial jurisdictions of the Towns in Orange County— Carrboro, Chapel Hill or Hillsborough.If the Towns agree to pass the materials separation ordinance, effective enforcement of the ordinance will require cooperation of the Building Inspection Departments and Planning Departments of each jurisdiction. Those departments will need to inform the County Solid Waste Management Department when developers are applying for zoning compliance permits, special use permits, demolition permits or building permits that could trigger the requirements for development of a solid waste management plan or solid waste management permit. They may even distribute the appropriate forms for completing the solid waste plan requirements. The involvement of these Departments should be made explicit as the County discusses with the Towns adoption of the ordinance requiring separation of regulated recyclable materials. Building Inspections Departments in each jurisdiction may also be asked to assist the Solid Waste Management Department in determining.if there is proper separation of materials on sites they are inspecting for compliance with building codes. Building Inspections Departments may also be requested to delay issuance of permits when an approved construction and demolition materials management plan and/or permit has not been filed. The BOCC may wish to determine the sequence of implementation of the ordinance. There are at least three options. The second one is assumed in the timeline proposed at the end of this report. 1. BOCC passes the ordinance and applies it first to construction and demolition activity in the unincorporated areas of the County,using that period to fine-tune ordinance and operations before asking municipalities (and UNC?) to adopt it. 2. Pass the ordinance and apply it first to unincorporated areas but immediately after passage take it to the municipalities(and UNC?) for their approval. 3. Finalize the ordinance and bring it to the municipalities(and UNC?) for their concurrent approval with the County approval. prior to implementation and enforcement. 8 9 The University of North Carolina is a unique case.While often complying with local zoning and development ordinances, UNC is generally regulated directly by State statute. For example, State Building Inspectors rather than local inspectors are responsible for inspection of construction on campus. UNC is in the process of making some policy and specification decisions that would require its contractors to recycle. Orange County attorney's office is evaluating the degree to which local requirements for separating and hauling separated materials can be applied to UNC projects. As a major waste generator in Orange County,UNC should be involved in all discussion regarding the ordinance and its potential effect on their operations and contracts. The enforcement of the source separation and hauling parts of the ordinance will be the most difficult. At some construction projects,there may be a variety of attempts to avoid compliance with the ordinance by on-site contamination, taking materials out of county without proper permitting, etc.. Once at the landfill, all haulers,public and private, are subject to regulations established to manage materials. Thus it is relatively simple to enforce the portion of the ordinance regulating material separation at the landfill. The Solid Waste Management Department may need assistance from other County and Town departments to effectively regulate on-site separation and haulers. D. Education and Involvement of the Potentially Regulated Development and Waste Hauling Community The ordinance being considered will have a significant impact on the nature of construction materials management in Orange County. The staff strongly believes that the early and thorough involvement of builders, designers, and developers of all types and scales of projects, as well as waste haulers, will result in development of a workable ordinance that has their support and understanding. To that end, staff is developing a procedure and approach to creating significant interaction between itself and members of this potentially regulated community to discuss the proposed ordinance prior to its adoption to develop practical, enforceable approaches to meeting the ordinance requirements: E. Licensing Haulers The licensing arrangement could be applied in several ways including • licensing of each hauler under one omnibus permit, • licensing each vehicle owned by a hauler/operator, license each container or • licensing each hauler based on the number of vehicles and/or containers. The draft ordinance now has the structure of licensing each hauler based on the number of vehicles and conveyances (such as trailers)that will operate in Orange County. Although this approach is slightly more onerous to enforce than an omnibus license for each business,it is more equitable and further ensures rigorous enforcement of County regulations, leaving less to judgment when determining if a hauler is licensed properly to operate in Orange County. Each vehicle, and possibly container, owned by that hauler would have a special license decal/marker/etc. indicating to the landfill scale house weighmasters and to Solid Waste Field inspectors that the vehicle is licensed to haul either reguated recyclable materials or other wastes in Orange County. Those licenses 9 10 would be renewed annually and subject to revocation if hauling regulations are not followed. F. Development of Facilities. Staffing and Space Needs The Solid Waste Staff is developing a schedule of facilities needs, staffing, space needs and cost estimates for implementing the ordinance that will be more fully presented in an upcoming report as detailed in the timeline and following additional BOCC guidance. One of the early tasks proposed is to authorize and hire a recycling education and outreach specialist dedicated to development of this C&D materials recycling regulation. Once the preliminary education work is done,the nature of the position may change to become more enforcement-oriented vis-a-vis education oriented. G. Enforcing Regulations on Regulated Recyclable Materials in the non-C&D waste stream At this point,the ordinance,while broadly written, is intended to apply to regulation of recyclable C&D wastes in order to reduce the landfilling or other disposal of wastes in a C&D landfill and increase their recycling. However,there are many instances where the regulated recyclable materials can be found in the waste to be disposed with MSW. This is especially true for scrap metal and small amounts of unpainted,untreated solid wood. There will be some very small amount of unpainted untreated dry wall but this is insignificant. The most recent waste sort of the MSW waste stream conducted in fall 1999 and spring 2000 showed the following wood, scrap metal and dry wall disposed with MSW: Table 4 Percentages of re ulated rec clable materials in Oran a County MSW Material Residential Multi-Family Commercial Total est. tons of 24,000 total 6,000 total 30,000 total regulated recyclable tons/ r. tons/ r. tons/ r. materials Clean lumber 1.5% 1.5% 2.4% 1,170 and pallets Scrap Metal(not 1.7% 2.2% 2% 1,140 incl.cans Dry wall N/a N/a N/a N/a Total 3.2%(770 tons) 3.7%(220 tons) 4.4%(1,320 2,310 (^-4%of MSW) tons The question is."Should regulated recyclable materials be prohibited from disposal when they are mixed with MSW?"The obvious answer is "yes",they are regulated recyclable materials no matter where they are disposed. The education and enforcement effort to encompass the MSW waste stream would be significant and there are now very limited opportunities for the general public to dispose properly of the regulated recyclable materials that might be incidentally included in the their residential or commercial waste. For example,the old,bent bicycle wheel might be disposed by a resident with his regular trash,but the load of trash might then be rejected by the hauler who would be subject to losing his hauling license or financial penalties if the metal were in his load. This scrap metal is not readily accepted in the recycling drop off centers, or curbside containers. 10 11 Those programs designate metal food and beverage cans as the only types of metal for recycling. Likewise clean wood waste that might show up in small amounts in the MSW waste has no convenient alternative outlet. The only place to dispose of residentially generated scrap metal or clean wood from residential waste is the six solid waste convenience centers or the landfill. The landfill is the only outlet for small amounts of non-residentially generated scrap metal or wood waste under the current system.Non-residential waste generators are prohibited from using the convenience centers. Thus either the regulation must be limited at this time to only C&D wastes, a broader recycling collection system must be created for wood and scrap metal from the MSW waste stream or non-residential waste generators must be allowed to deposit r_,_grtlated recyclable materials(such as metal and clean wood) at the convenience centers. There are at least three options for managing regulated recyclable materials in the MSW waste stream. Table 5 Options for Managing Regulated Recyclable Materials in MSW Waste Stream Op on . Advantages Disadvantages 1. Regulate the regulated Equal enforcement and equal Large and difficult enforcement and Recyclable materials found in responsibility,probably most education burden(especially `upstream' MSW the same as in C&D. lawful strategy. of landfill),not now anticipated in planning program.Limited outlets for regulated recyclable materials from residential and commercial sectors 2.Ignore regulated recyclable Much simpler implementation Potentially discriminatory,may not be materials in MSW waste and enforcement program if fully lawful unless we regulate only the stream dealing with only the large C&D area and only those hauling amounts of concentrated primarily what we define as regulated materials in C&D. recyclable materials Questionable even then.Cardboard becomes a"special case"because it is already successfully regulated in both C&D and MSW waste streams. 3. Phase in regulation of Addresses the problem with May still be seen as discriminatory. materials in MSW waste a long-term strategy Still very difficult to enforce on generators and haulers. 3a. Exempt residential Parallels exemption on Perception of"unfair"treatment of waste from regulation landfilling residential one sector of the economy. Provides corrugated cardboard. potential to shift regulated recyclable Limits enforcement and materials to residential waste education burden disposal. significantly with limited reduction-in diversion and recycling efforts. 11 12 Proposed Timetable for C&D Materials Management Implementation Development and implementation of the ordinance,programs and policies to manage regulated recyclable materials is a complex,multifaceted task. Below staff proposes a timeline which we believe will address most of the issues we have raised above and give the County, the municipalities and the development community ample time and training to effectively implement an ordinance that will achieve the goal of diverting recyclable C&D materials generated in Orange County from landfilling. October 12,2000 Discussion of Ordinance by Solid Waste Advisory Board October 17,2000: BOCC reviews draft ordinance,resolves outstanding issues highlighted in this memo related to the ordinance. Facilities location, staffing, equipment and costs to be discussed in future report. October 23,2000 Revised ordinance submitted to municipalities, developers, haulers,UNC, etc. for review and comment. Staff available to discuss November 21,2000 BOCC meeting,Public Hearing. Additional discussion by BOCC, could adopt at this meeting. December 4,2000: BOCC meeting,Adopt ordinance if not already adopted. Conduct second reading if necessary. Report on staffing, facilities, equipment and costs presented. Confirm location and type of facilities and operations to be conducted. Location and type of facilities and operations will determine need for any additional permitting required by County. January 18,2001: BOCC conducts second reading of ordinance if necessary and adopts (if not already adopted). Further discussion of budget, siting, staffing facilities and equipment of Dec. 4 implications of staff proposal Authorize new position of C&D (recycling) education specialist. February 6, 2001: Finalize C&D education and enforcement position duties and adopt personnel ordinance amendment to add position and budget amendment to fund position. Receive authorization to initiate necessary Town or County permitting for facilities. Receive authorization to prepare detailed specifications and design of facilities and equipment. February 2001: Recruit new education and enforcement position. Planning, engineering and detailed design begin for facilities. Prepare administrative policies, procedures and forms for ordinance. Approve and send letter from BOCC to municipalities and UNC urging adoption of ordinance. As necessary and requested, present and discuss ordinance with municipalities,UNC and request adoption. March 2001: First BOCC meeting: Adopt C&D recycling operations plan and budget. Amend budget to fund construction, equipment, design, advertising, education specialist's vehicle,permitting. 12 13 Municipalities and UNC adopt ordinance and allow Orange County to enforce. (As with erosion and sediment control ordinance in municipalities). Seven month"grace" period begins for separation of regulated recyclable materials at landfill and on regulated construction and demolition sites in whichever jurisdictions have passed the ordinance. Engineering and detailed design completed.Bids prepared for any equipment and facilities necessary. April 2001: Continue refining administrative policies,procedures and forms. Initiate formal training and education,on the ordinance for haulers and contractors BOCC—adopt personnel ordinance amendment adding additional staff if required. Present FY 2001-02 budget for recycling assuming full implementation of C&D programs on September 1,2001. May 2001: Complete administrative policies and procedures, forms;etc.Inspect out-of- county recycling facilities for certification(should County decide to allow this).Bid facility construction,if permitting complete.Bid equipment . Continue education and training. June 2001: BOCC award construction bid and equipment bids. Continue training and education. July 2001: Implement licensing of haulers. Continue training and education.Finalize coordination with municipalities and UNC. August 2001: Complete initial licensing of haulers and certification of out-of-county recycling facilities (if allowed). Complete facilities construction and install equipment. September 2001: "Grace"period ends. Enforcement begins and facilities begin operation,if construction complete. Licensing and permits required for building, demolition and hauling. March 2002: Assessment report to SWAB and BOCC of ordinance. Conclusions Staff recommends that the BOCC review the issues and questions raised in this memorandum regarding how it wishes to handle the following: • A. regulation of demolition wastes, • B. use of out-of-county recycling facilities, • C. coordination with other governments in Orange County,and UNC, sequencing of consideration of the ordinance with the municipalities, • D. education of potentially regulated community, • E. licensing of haulers, • F. development of facility and staffing needs, • G. enforcement of ordinance on MSW waste stream and • H. the suggested timetable for implementation. 13 14 Memorandum To: Orange County Board of Commissioners From: Harmony Whalen, Coleman Gledhill &Hargrave,P.C. Subject: Ordinance Regulating Recyclable Waste Materials And Licensing The Collection Of Solid Waste In Orange County Date: September 27, 2000 On August 15, 2000 the Construction and Demolition Waste Recycling Task Force submitted its Final Report to the Board of Orange County Commissioners. As part of this report the Task Force formulated eleven recommendations designed to provide a framework for dealing with recyclable wastes within Orange County,both now and in the future. Recommendation# 1 of the Final Report was that the County adopt a regulatory ordinance requiring separation of at least metal, clean wood and drywall from construction for recycling or reuse in Orange County. It is in response to this Recommendation that the following Ordinance was prepared. In summary, the ordinance does the following: • Defines regulated recyclable material as recyclable construction and demolition material (clean wood,metals, concrete and other inert debris, and unpainted drywall), yard waste,,corrugated cardboard, and non-reusable wood waste. Materials can be added as facilities for their recycling.become available. • Requires the recycling of all regulated recyclable material generated in Orange County. This prevents materials generated in Orange County from becoming part of the waste stream in neighboring counties. • It prohibits the disposal of regulated recyclable material through open burning. This prohibition includes the burning of leaves, brush, and other debris on private property by private individuals, because those materials are covered under the definition of "recyclable waste." • Prohibits contamination of regulated recyclable material to avoid the recycling requirements. • It provides for the licensing and monitoring of collectors of regulated recyclable material. Violations of the ordinance can result in the loss of the right to collect recyclable waste. • Requires that anyone receiving a building permit and/or zoning compliance permit obtain a regulated recyclable material management permit (RRMM permit) prior to commencing any construction, demolition, land clearing or other preparatory activity. The RRMP permit will put individuals on notice of the ordinance and its requirements. ■ Persons receiving a building permit undertaking projects that have a total value of greater than $50,000 must, in addition to obtaining a RRMP permit, obtain a regulated recyclable material management plan (RRMP plan) 'detailing how recyclable waste will be generated, disposed of and recycled. Persons receiving a zoning compliance permit and undertaking a project with a total value of greater than 14 15 $50,000 may, in the discretion of the Solid Waste Management Department, be required to submit an additional RRMP plan. ■ Provides for criminal and civil penalties and fines for violations of the ordinance. 15 Attachment I _. DRAFT 16 AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION REGULATED RECYCLABLE MATERIAL 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 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 include 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 materials constitute approximately one-third (1/3) of the overall solid waste stream delivered to the Orange Regional 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 fmds that it has the legal authority under state law, including but not limited to N.C.G.S. § 153A-136, § 153A-449, and § 130A-309.09B, to enact reasonable police power 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 II. 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-121-132.1, -136, -274 through —278, and—291 through 293, and —130A-309.09, -309.09A, -309.09B, and —309.09D. Unless otherwise indicated,this ordinance pertains to all solid waste activity in Orange County. 16 DRAFT 17 SECTION M. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL. I Regulated recyclable material includes recyclable construction and demolition material, yard waste, corrugated cardboard, non-reusable wood waste, 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. 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 sorted and 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 recycling of the material. 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. S. 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. 6. No person may dispose of solid waste through open burning in Orange County. 7. No person may contaminate regulated recyclable materials so as to make them unrecyclable. SECTION IV. LICENSING COLLECTORS OF REGULATED RECYCLABLE 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 for each vehicle used by that person from the County. 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 license constitutes a violation of this ordinance. B. Repeated violations may result in license suspension or revocation as provided in this ordinance. 2. 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 is Additional materials may be added to the list of regulate recyclable materials, including but not limited to: aluminum, drink boxes, kraft paper, glass bottles and jars, magazines, ferrous and nonferrous scrap metals other than recyclable construction and demolition material,used motor oil,newspaper,office paper, scrap paper,plastic bottles including milk jugs, soda bottles, steel and tin cans,telephone directories,clean wood rubble other than recyclable construction and demolition material, food waste when exclusively source-separated for composting. 17 DRAFT 18 prohibited from transporting or accepting for transport any regulated recyclable material that has not been separated for purposes of recycling, or which contain regulated recyclable material commingled with non-recyclable waste or solid waste, nor shall such person transport or accept for transport any regulated recyclable material for purposes of disposal as solid waste or treatment in a manner inconsistent with this ordinance. A. Placement of properly prepared regulated recyclable, material which has been separated and set out for recycling,into any solid waste container, including the solid waste compartment of a collection vehicle, for any length of time, shall constitute a violation of this ordinance. B. Repeated violations may result in license suspension or revocation as provided for in this ordinance. 3. Applications for licenses to engage in the business of regulated recyclable material collection 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 to be obtained by the applicant for use in regulated recyclable material collection, including motor vehicle license tag numbers; C. Number of employees the applicant expects to use in the business; D. Experience of the applicant in regulated recyclable material collection; E. Planned routes and areas of the County the applicant expects to serve, where requested by Solid Waste Management Department Staff; F. Liability insurance coverage, proved by a certificate of insurance showing coverage in effect at the time of application; G. Name and location of facility where collected regulated recyclable materials are to be delivered. 4. 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. 5. Issuance of license. A. The Department may issue the applicant a regulated recyclable material collection license only when it is found that the applicant's facilities, equipment, insurance coverage an d proposed operating methods are in compliance with this ordinance and the applicable rules of the Department and that the applicant will perform regulated recyclable material collection and disposal in a manner consistent with this ordinance. A condition of the license shall be that the licensee shall serve every person m such a manner that the licensee does not cause the person served to be in violation of this ordinance. 18 DRAFT 19 B. If the Solid Waste Management Department denies an applicant a license, the applicant may request a hearing with the Department Director. The Department Director shall keep summary minutes of the hearing and within one week after the hearing 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 Board by giving written notice of appeal to the County Manager within five (5) working days of receipt of the Solid Waste Management Department Director's decision following the hearing. After a hearing on the appeal, the Board may affirm the denial, direct the Department to issue the license, or remand the application to the Department Director for a further determination consistent with the remand order. C. A license shall be valid for a period of one year from the date of issuance. 6. A licensee shall submit an annual report to the Solid Waste Management 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 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. 7. Vehicles and containers used in the collection and transportation of regulated recyclable material shall be covered, leakproof, 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. 8. No license issued pursuant to this ordinance is assignable. SECTION V. PERMITS AND PLANS FOR THE MANAGEMENT OF REGULATED RECYCLABLE MATERIALS. 1. Any person receiving a building permit and/or a zoning compliance permit from any unit of local government in Orange County authorized to issue such permits, shall, within five days thereof and before construction, demolition, land clearing or other preparatory activity commences, make application to the Solid Waste Management Department for a regulated recyclable material management permit (RRMP permit) for the management of regulated recyclable material. 2. Any person undertaking a project within the County that requires a building permit and has a total value of greater than$50,000 or involves the demolition or deconstruction, construction or remodeling of a project of greater than 500 square feet as determined by the Inspection Department issuing the permit must also submit a regulated recyclable material management plan (RRMM plan) to the Solid Waste Management Department. The regulated recyclable material management plan shall be submitted with the regulated recyclable material management permit application. Any person undertaking a project within the County that requires a zoning compliance permit has a total value of greater than$50,000 or involves the demolition or deconstruction, construction or remodeling of a project of greater than 500 19 D"R AFT 20 square feet as determined by the Inspection Department issuing the permit may also,where determined necessary by the Department, be required to submit a RRMP plan at the zoning compliance permitting stage. 3. The RRMP" plan 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, and the methods to be"employed for disposal of the solid and regulated recyclable material generated by the project. 4. An application for a RRMP permit requiring a RRMP plan shall be submitted on forms provided by the Department.The RRMP plan shall be accompanied by a$25 processing fee. 5. A RRMP permit not requiring a RRMP plan shall be issued by the Department upon receipt by the Department of a completed and verified application. 6. The Department will review and, within ten (10) days, make a decision on the RRMP plan. The applicant will then be notified of the Department's decision within two(2)working days. A. If the RRMP plan meets the requirements of this ordinance, a RRMP permit will be issued to the applicant. The RRMP permit is good for one year from the date of issuance unless permission obtained from the Solid Waste Management Department prior to expiration of the RRMP permit. The RIU P permit is nontransferable, and applies only to the project for which the application was made. The use of a RRMP permit, other than as allowed in the ordinance, will constitute a violation of this ordinance. B. If the RRMP plan does not meet the requirements of the ordinance, the Department will notify the applicant in writing within two (2) working days of its decision. This notification will state the reasons that the application was denied. If the Department denies an applicant a permit, the applicant may request a hearing with the Director. The Director shall keep summary minutes of the hearing and within one week after the hearing shall give the applicant written notice of the decision either granting the permit or affirming the denial of the permit. The notice shall provide reasons for denial if the Director sustains the Department's denial. The Solid Waste Management Department shall prescribe the perm_ issible methods of disposal of recyclable solid waste. C. A permit shall be valid for a period of one year from the date of issuance. SECTION VI: ENFORCEMENT. The following penalties shall pertain to violations of this ordinance: 1. Revocation of regulated recyclable material collection licensees. A. When the Solid Waste Management Department finds that a licensee has violated this ordinance or the conditions of the license, the licensee shall receive written notice of the violation and be informed that if another violation occurs within thirty (30) working days, or in the case of a continuing violation if it is not corrected within ten (10) working days, the license shall be revoked through written notice from the Department. Upon receipt of the revocation, the licensee shall stop collecting, transporting,or disposing of regulated recyclable material in Orange County. B. The Solid Waste Management Department may reinstate a revoked license after the revocation has been in effect for thirty (30) working days if the Solid Waste 20 DRAFT 21 Management Department finds that the conditions causing the violation have been corrected. C. A licensee whose license has been revoked may appeal the revocation to the Board by giving written notice of the appeal to the Solid Waste Management Department within ten (10)working days of receiving notice of revocation from the Solid Waste Management Department. After a hearing on the appeal, the Board shall either affirm the revocation or direct the Solid Waste Management Department to reinstate the license. D. A total of five (5) instances of violation of this ordinance within a single year shall result in revocation of a collection license for a period of one year. The holder of a revoked regulated recyclable material collection license may reapply after one year.of the date of revocation for a new license. Any person whose 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. 2. 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. 3. 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 in N.C.G.S. § 153A- 123.Each violation incident is a separate and distinct offense. 4. 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. . 5. In addition to and independent of any criminal penalties and other sanctions provided in this ordinance, a violation of this ordinance may also subject the offender to the civil penalties hereinafter set forth. A. The Solid Waste Management Director may issue to any person known to have violated the provisions of this ordinance, a citation giving notice of the alleged violation(s) and the civil penalty imposed. Citations so issued may be delivered in person or mailed by first class mail to the person charged if that person cannot readily be found. 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: Number of Prior Amount Violations 0 $50 1 $100 2 $200 3 $400 4 or more $500 21 DRAFT 22 SECTION VII. DEFINITIONS. For the purposes of this Ordinance,the following definitions shall apply: 1. Animal litter. The term "animal litter" shall mean droppings from cats, dogs, birds, or other animals and material used in pens,cages, or animal boxes. 2. Ashes. The term ."ashes" shall mean refuse resulting from the burning of wood, coal, cork or other combustible material which has no live embers. 3. Board. The term"Board"shall refer to the Board of Commissioners of Orange County. 4. Bulk material. The term "bulk container" shall mean 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. 5. Clean wood waste. The term"Clean wood waste"means wood waste from construction and demolition activity that is not treated,free of paint, and free of glues and adhesives. 6. Collection. The term "collection" means 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. 7. Construction and demolition waste. The term "construction and demolition waste" shall mean solid waste resulting generally from construction, remodeling, repair, or demolition operations on pavement,buildings, or other structures. 8. Corrugated cardboard. The term "corrugated cardboard" means 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. 9. Department. The term"Department"means the Solid Waste Management Department. 10. Department Director. The term "Department Director" means the Director of the Solid Waste Management Department. 11. Disposal. The term "disposal' means 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. 12. Food waste. The term "food waste" means food that has been prepared for human consumption and was not served or otherwise used for food. 13. Garbage. The word "garbage" means all putrescible wastes, including animal offal and carcasses,and recognizable industrial by-products,but excluding sewage and human wastes. 14. Hazardous waste. The term"hazardous waste"means a 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,transported,disposed of or otherwise managed. 15. Industrial solid waste. The term"industrial solid waste"shall mean 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. 22 rl ; AFT 23 16. Inert Debris. The term "inert debris" means 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. 17. Land-clearing debris. The term "land-clearing debris"means solid waste which is generated solely from land-clearing activities and which does not contain recyclable materials or municipal solid waste. 18. Landfill. The term "landfill" means 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. 19. Medical waste. The term "medical waste" means 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. 20. Municipal solid waste. The term "municipal solid waste" means 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 land clearing and inert debris waste. 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. 21. Non-reusable wood waste. The term "non-reusable wood waste" shall mean trees and vegetation cleared from land for any purpose other than sale as a commodity or chipping for use on site or for sale. 22. Open burning. The term"open burning"means the combustion of solid waste as a means of disposal of that waste. 23. Open dump. The term "open dump"means 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. 24. Person. The term "person" shall mean a person, group of persons, firm, company, corporation, association, partnership, unit of local government, state agency, federal agency, or other legal entity. 25. Processing. The term "processing" means 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. 26. Project. The term "project" shall mean a planned undertaking of construction, remodeling, deconstruction and demolition. 27. Putrescible. The term "putrescible" means 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. 28. Radioactive waste material. The term "radioactive waste material" means solid waste containing any material, whether solid, liquid, or, gas, that emits ionizing radiation spontaneously. 29. RCRA. The term "RCRA" means the Resource Conservation and Recovery Act of 1976, Pub.L. 94-580,90 Stat.2795,42 U.S.C. §6901 et seq.as amended. 30. Recovered material. The term "recovered material" means 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). 23 24 31. Recyclable construction and demolition material. The term "recyclable construction and demolition material" includes clean wood waste, metals (except closed drums and tanks), concrete and other inert debris, and unpainted drywall resulting generally from construction, remodeling,repair,or demolition operations on pavement,buildings,or other structures. 32. 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 debris,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. 33. Recycling. The term "recycling" refers to 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. 34. Regulated recyclable material. The term "regulated recyclable material' means the recyclable material as designed in this ordinance as recyclable material. 35. Regulated recyclable material collector. The term "regulated recyclable material collector" shall mean any person who collects regulated recyclable waste. 36. Scrap tires. The term "scrap tires" means a tire that is no longer suitable for its original, intended purpose because of wear, damage, or defect. 37. Septage. The term "septage" means 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. 38. Sharps. The term "sharps" means needles, syringes, scalpel blades, and other sharp objects generated in the same manner and subject to the same limitations as medical waste. 39. Sludge. The term "sludge" means 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. 40. Small dead animals. The term"small dead animals"shall mean animals under 125 pounds. 41. Solid waste. The term "solid waste" means construction and demolition waste; regulated recyclable material as designated in this ordinance; yard waste; 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 24 A 25 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. § 7446 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. 42. Solid Waste Advisory Board. The term "Solid Waste-Advisory Board" means 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. 43. Solid waste facility. The term "solid waste facility" means any publicly owned solid waste management facility permitted by the State of North Carolina that receives solid waste for processing,treatment, or disposal. 44. Solid waste disposal site. 'The term "solid waste disposal site" means any place at which solid waste is legally disposed of by any method. 45. Solid waste management. The term "solid waste managemenf' means the purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing,recycling,recovery and disposal of solid waste. 46. Special waste. The term"special waste"means solid waste that can require special handling and management, including white goods, whole tires, used oil, lead-acid batteries, and medical wastes. 47. Storage. 'The term "storage" means the containment of solid waste, either on a temporary basis or for a period of years,in a manner which does not constitute disposal. 48. Structure. The term "structure means any construction, production, or piece of work artificially built up or composed of parts purposefully joined together. 49. Treatment. The term "treatment" means 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. 50. Vehicle. The term"vehicle"shall mean any means by which someone or something is carried or transported. 51. 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. 52. 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. 25 26 Attachment 2 C&D Recycling Task Force STATEMENT OF PRINCIPLES • Adopt strategies to realize the 61 percent per capita waste reduction goal for Orange County by 2006, including C&D. • Ensure that waste management is a good neighbor ethically, environmentally and fiscally. • Seek public and private partners for management of Orange County's C&D waste. • Minimize the toxicity of the C&D waste stream. • Continue education of the public regarding the necessity of waste reduction, recycling and proper disposal. • Development of C&D recycling infrastructure should be led by Orange County local government. • Recycling should be mandated. • Recover costs of C&D waste mangement from generators to the greatest extent possible. • Recognize that C&D waste lends itself to recycling • Pursue C&D waste recycling in the most cost-effective manner possible, long-term as well as short-term. • Acknowledge that the recommendation of the C&D recycling task force to pursue recycling may require a commitment of additional land or further utilization of lands currently owned by the Solid Waste operation. 26 27 Attachment 3 C&D Recycling Task Force 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 remaining 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 other 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 future 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. 27 10. REPORTS a. Construction and Demolition Waste Regulation for Recycling The Board reviewed a proposed ordinance regulating construction, demolition and other recyclable wastes, considered a proposed timetable for implementation, and discussed possible resolution of key issues in managing construction and demolition wastes for recycling. Rod Visser noted that the County Commissioners appointed a Construction and Demolition Task Force last spring. They recommended that an ordinance be developed to regulate construction, demolition and recyclable wastes. He summarized the contents of the ordinance. The task force observed that the County should consider and pass an ordinance requiring separation of recyclable C&D materials, with the operational details to be finalized by the Board of Commissioners and/or the Solid Waste Advisory Board. The language would be broad enough to include other types of materials, which would possibly allow for the regulation of open burning. Secondly, the task force pointed out that the County, as the single entity that now owns and operates the landfill, sets the rules and the parameters governing the separation of materials. Even with parameters, if the ordinance is passed and the facilities to manage the materials are secured, the County will need staff to manage and enforce the program, as well as to educate builders, haulers, architects, building owners, and other local government personnel. Passage of this ordinance has the potential to reduce the amount of material that is put in the landfill, if properly implemented. The Solid Waste Advisory Board took this item up at their October 12th meeting. Commissioner Halkiotis said that he received some telephone calls from members of the farming community expressing concerns about controlled burning. Geoffrey Gledhill said that the controlled burning is part of the Forestry program and would not be included in this ordinance. However, when wooded areas are being cleared for farmland, there may be a different issue because the trees are reusable wood products and cannot be burned. Commissioner Halkiotis asked to receive a written report on the possible implications for farming and forestry operations. Regarding the education part, Commissioner Brown suggested developing a brochure that would explain this ordinance. Commissioner Jacobs said that other elements could be added to the ordinance. Commissioner Brown said that she would call Rod Visser with other questions. The ordinance will be brought back to the Commissioners on November 216t. Chair Carey realized that one person was signed up to speak on this matter. Mr. Tarry Gautney distributed a written statement with comments about this item. He is employed by Waste Industries in Durham, which has a sorting facility for C&D waste. b. Solid Waste Facilities—Siting Options The Board considered a response for requests for information and questions raised at the Board's August 30, 2000 solid waste work session. Director of Solid Waste Gayle Wilson made reference to the report and the future and existing facilities that could be used for solid waste. He said that, if the Board agreed to proceed with a C&D landfill, he would strongly suggest that the C&D recycling facilities be co-located with the disposal facility. He showed some slides with conceptual drawings of possible facilities. Commissioner Brown asked about the size of the area for scrap tires and the volume of tires and Gayle Wilson explained how the tires are handled. He said that there was a high volume of tires brought to the facility. He said that the County gets reimbursed by the State a portion of the tax that is charged for the tires. Sixty-percent of the tires are recycled. The rest of the tires are chopped up and buried for future use if needed. John Link said that the staff is proposing to come back to the Board so that decisions can be made on what to locate on the present property and any additional property the County may acquire. C. Transportation Improvement Plan Comments The Board was to discuss possible positions on future transportation plans in and around Orange County. However, this item was postponed to the next meeting.