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HomeMy WebLinkAboutAgenda - 12-04-1995 - VIII-G 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No VE Meeting Date: December 4, 1995 SUBJECT: Ordinance Restricting the Disposal of Corrugated Cardboard at the Orange County Landfill ----------------------------------------------------------------------- DEPARTMENT Public Works PUBLIC HEARING YES NO x ------------------------------- BUDGET AMENDMENT REQUIRED YES NO x -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT 10/19/95 LOG Resolution Wilbert McAdoo, ext 2625 Proposed Ordinance TELEPHONE NUMBER Proposed Resolution Hillsborough 732-8181 11/13/95 Chapel Hill Background Memo Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider adopting: an ordinance imposing a ban on the disposal at the Orange County Landfill of recyclable corrugated cardboard from other than residential sources; and a resolution establishing a penalty fee for loads of solid waste containing prohibited cardboard. BACKGROUND: During the past several years, the Landfill Owners' Group (LOG) has considered a ban on the landfilling of recyclable corrugated cardboard at the Orange County Regional Landfill . At their October 19 meeting, the LOG adopted a resolution recommending that each governing board take action to implement a disposal ban, with associated penalty fees for violations, on recyclable corrugated cardboard from non- residential waste generators . The proposed penalty fees would be the greater of twice the tipping fee or $25, for each load in violation of the disposal ban. The attached staff memo from the Town of Chapel Hill provides additional background on the LOG' s work on the proposed cardboard ban. The ban would take effect immediately upon adoption by all member governments, with the penalty fees to be imposed beginning March 1, 1996 to allow for a period of public education and communication about the ban, and to allow for transition by generators to landfilling alternatives . The Towns of Chapel Hill and Carrboro approved the ban and penalty fees at their meetings on November 13 and 21, respectively. The attached County ordinance and resolution would accomplish the actions recommended in the LOG' s October 19 resolution. RECOMMENDATION: The Manager recommends that the Board adopt the ordinance imposing the corrugated cardboard ban and approve the resolution imposing the penalty fees for violations of the ban. RESOLUTION 2 WHEREAS, the Orange Regional Landfill has heretofore implemented use and disposal fees to defray the costs of operating the landfill and related facilities, and WHEREAS, the State of North Carolina has mandated a reduction of 40% in solid waste being landfilled by the year 2001, and WHEREAS, the Orange Regional Landfill is a valuable local public resource with a limited lifespan, and WHEREAS, corrugated cardboard represents as much as 20% of the commercial waste stream and 10% of the residential waste stream in Orange County, and WHEREAS, recyclable corrugated cardboard has steady recycling markets easily available to Orange County, and WHEREAS, corrugated cardboard is a low-density, easily identifiable material which takes up considerable landfill space, and WHEREAS, bans on landfilling of recyclable corrugated cardboard have been successfully implemented throughout North Carolina and this region, and WHEREAS, calculations on banning recyclable corrugated cardboard have demonstrated an estimated addition to the life of the current mixed solid waste landfill of at least eight months, and WHEREAS, the technical, economic and regulatory issues related to banning corrugated cardboard are being actively addressed by landfill staff in conjunction with local government staff, affected parties and private waste haulers, and WHEREAS, the Landfill Owners Group has previously passed a resolution dated November 17, 1994, to consider implementation of such a ban. NOW THEREFORE BE IT RESOLVED: 1) That the Landfill Owners Group recommends that the member governments of the Landfill Owners Group adopt ordinances banning from the Orange Regional Landfill clean, recyclable corrugated cardboard generated by commercial, industrial, construction, multifamily and institutional sources. The ban would include loads delivered to the landfill that include a mix of residential and non-residential wastes. Haulers found in violation of the ban would be subject to a penalty fee of at least $25.00 or a fee per ton of waste equal to double the current tipping fee. 2) Be it further resolved that the ban be in effect beginning November 1, 1995, but that the penalty phase not be implemented until March 1, 1996, to allow a four month period for education and smooth implementation of alternatives for non-residential generators. . 3) Be it further resolved that the ban should include a requirement that all bulk waste containers be labelled with a permanent visible sign stating recyclable corrugated cardboard is prohibited from being dumped and that these signs be in place by March 1, 1996. This the 19th day of October, 1995. r 3 ORANGE COUNTY, NORTH CAROLINA AN ORDINANCE RESTRICTING THE DISPOSAL OF CORRUGATED CARDBOARD AT THE ORANGE COUNTY REGIONAL LANDFILL WHEREAS, the Landfill Owners' Group has recommended that the local governments in Orange County adopt ordinances banning from disposal at the Orange County Regional Landfill clean, recyclable corrugated cardboard from non-residential generators; and WHEREAS, it is estimated that as much as 4, 000 tons of such cardboard could be removed from Orange County' s annual waste stream, thereby extending the life of the current landfill by up to eight months and assisting in progress toward the statewide 40o waste reduction goal; NOW, THEREFORE, BE IT ORDAINED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT: Section 1 . Disposal of recyclable corrugated cardboard is restricted and regulated per the following conditions : a) Disposal of recyclable corrugated cardboard from non-residential sources is prohibited at the Orange County Regional Landfill . b) Disposal of recyclable corrugated cardboard in mixed solid waste receptacles maintained throughout Orange County is prohibited, provided that incidental disposal of such material by residential generators at staffed solid waste convenience centers maintained by Orange County shall not be subject to such prohibition. Waste reduction and recycling of clean corrugated cardboard by solid waste convenience center users will be encouraged, and any visible clean corrugated cardboard will be removed from convenience center waste receptacles prior to transport of their contents to the landfill . All bulk waste containers within Orange County shall be labelled with a permanent visible sign, prominently displayed, stating that recyclable corrugated cardboard is prohibited from being dumped. These signs shall be in place by March 1, 1996 . c) Any hauler of non-residential waste to the landfill shall be subject to this prohibition. The disposal prohibition applies to all non-residential loads of waste delivered by haulers to the landfill including mixed loads that contain both residential and non-residential waste . All waste delivered to the landfill in small quantities by pick-up trucks, vans, small trailers and automobiles will also be subject to this prohibition. d) For the purposes of this prohibition, non-residential waste includes, but is not limited to, waste generated by: k (i) the commercial, institutional, industrial, construction, and multi-family sectors; (ii) waste collected from bulk containers, including dumpsters, compactors, roll-off containers, and delivered to the landfill in bulk container collection vehicles, except for those bulk containers provided for at staffed solid waste convenience centers maintained by Orange County, and; (iii) all other waste generated by the non-residential sectors that is delivered to the landfill in any type conveyance . e) For the purposes of this prohibition, recyclable corrugated cardboard refers to all corrugated cardboard that is deemed recyclable by current industry standards . Any cardboard that is not recyclable due to contamination at the source (e .g. saturated with food) or due to its nature (e .g. waxed boxes) is exempt from the corrugated cardboard ban and the penalty imposed by this ordinance. Cardboard contaminated by action of the generator or hauler is not exempt from the penalty fee imposed by this ordinance . Section 2 . Haulers found in violation of Section 1 are subject to a penalty fee as adopted, and periodically revised, by the owners of the Orange County Regional Landfill . Section 3 . The penalty provisions in Section 2 shall be effective March 1, 1996 . The remainder of this ordinance shall be effective upon adoption, this 4th day of December, 1995 . r 5 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ESTABLISHING A PENALTY FEE FOR THE DISPOSAL OF NON- RESIDENTIAL RECYCLABLE CORRUGATED CARDBOARD AT THE ORANGE COUNTY LANDFILL WHEREAS, the Landfill Owners, Group has determined that a prohibition on landfilling of clean, recyclable corrugated cardboard in the Orange County Regional Landfill will extend the life of the landfill by at least eight months, and WHEREAS, recyclable corrugated cardboard has steady recycling markets easily available to Orange County, and WHEREAS, corrugated cardboard is a low-density, easily identifiable material which takes up considerable landfill space, and WHEREAS, recyclable corrugated cardboard has been successfully collected and recycled throughout the County by public and private haulers for the past seven years, and WHEREAS, alternatives are available to those affected by the ban who do not wish to hire a service to remove recyclable cardboard for recycling, and WHEREAS, Orange County finds that it is in the best interest of all the citizens and would promote the public health if corrugated cardboard is not accepted for disposal at the Orange County Regional Landfill, and WHEREAS, Orange County has adopted an ordinance which prohibits the disposal of non-residential recyclable corrugated cardboard at the Orange County Regional Landfill; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the penalty fee for haulers violating the ordinance banning disposal of non-residential recyclable corrugated cardboard at the Orange County Regional Landfill shall be equal to twice the prevailing tipping fee per ton, or $25 . 00, whichever is greater, effective March 1, 1996 . This, the 4th day of December, 1995 . _ . . T 6 AGENDA # MEMORANDUM TO: Mayor and Town Council FROM: W. Calvin Horton, Town Manager DATE: November 13, 1995 SUBJECT: Disposal Ban on Non-Residential---'Recyclabl-e" tCorrugated•' Cardboard delivered to the Orange Regional Landfill The attached ordinance would ban the disposal of non-residentially generated recyclable corrugated cardboard at the Orange Regional Landfill and adopt a penalty fee for improper disposal. The attached resolution would adopt an initial penalty fee equal to twice the tipping fee or $25, whichever is greater. The fee would be assessed on all loads in violation of the disposal ban - ordinance. These measures are recommended by the Landfill Owners Group and would become effective upon adoption by the three owner governments. The Carrboro Board of Aldermen is scheduled to consider the disposal ban at their November 21 meeting, and the Orange County Commissioners will consider it at their December 4 meeting. Chapel Hill's representatives on the Landfill Owners Group are Mayor Pro Tem Brown and Council Members Chilton and Protzman. Background Over the past two years, the Landfill Owners Group and its member governments have considered a ban on landfilling of recyclable corrugated cardboard. Removing 4, 000 tons annually of this material from the landfill would increase the present landfill's life by an estimated eight months and assist in meeting the state- wide 40% waste reduction goal. In November, 1994 the Landfill Owners Group passed a resolution that considered implementation of a cardboard ban pending holding a public hearing, distributing information about the ban to the public and affected sectors and providing additional assistance to those sectors. At their October 19, 1995,, meeting, the Owners Group adopted a resolution . .recommending that the -- member-::-- governments pass a resolution banning disposal of non-residential recyclable _ corrugated cardboard and establishing a penalty equal-,to double the current tipping fee Attachment A `• = .7_, ­ In addition to discussions i by-:_the Owners Group, over the -past year the --landfill staff has undertaken the following . tasks in h 2 anticipation of the potential implementation of a ban on the disposal :of recyclable corrugated cardboard: 4/95 Informational letter and survey on cardboard ban made available through local Chambers of Commerce and sent by fax to several Chamber members. 4/95- Recycling staff attendance at various Chamber of Commerce present meetings, ' formally' and informally discussing cardboard ban. 4/95- Various newspaper articles describing Cardboard Ban present discussions. Chapel Hill News April 23 , 1995; News of Orange, Oct. 18, 1995. 5/95 Cardboard ban article in Waste Matters newsletter mailed to all residents and businesses throughout Orange County 5/95 Landfill Owners Group held public hearing on potential cardboard ban. 5/95- Various conversations with current commercial cardboard present route customers regarding potential ban and service changes. 7/95 Discussion of discarded recyclables and upcoming cardboard ban at meeting of Chapel Hill downtown compactor,users. 7/95-9/95 Conversations with Downtown Commission Director. 8/95- Cardboard hauling companies soliciting businesses by present phone for service contracts. Private haulers were provided with current customer lists upon request. 9/95 Cardboard Ban information article in Downtown Commission newsletter. 9/95 Information and discussion of ban at Downtown Commission's candidate forum. 9/95 Cardboard ban notice included in September billing of landfill customers. 10/95 Landfill and recycling staff to discuss-- operational _ - issues related to a ban at Orange Regional Landfill. 10/95 Landfill staff and -representatives of sanitation 'staffs from all Orange County local governments meet to discuss i potential ban. i 8 3 10/95 Landfill staff and representatives of the three -major waste haulers (BFI, Waste Management, Waste Industries) , two minor haulers (Barbour, Johnson) and UNC Recycling office meet to discuss potential ban 10/95 Letter mailed to all businesses throughout Orange County describing dates and penalties of potential disposal ban. The landfill staff also plans a second county-wide newsletter during November, 1995 with additional information about the potential cardboard disposal ban and a list of resources useful in complying with the- ban and avoiding the proposed penalty fee.' As budgeted for the current fiscal year, in preparation for the ban, Orange Community Recycling has eliminated collection of commercial cardboard. The decision to eliminate current commercial services was made with equity and practicality considerations in mind. Previously, the landfill fund has provided commercial cardboard collection to businesses who requested the service and generated enough cardboard to warrant collections. With a disposal ban, we believed that we could not practically provide service to all generators in Orange County without a significant capital investment and tipping fee increase. Thus, if we continued to provide commercial collections to current customers only, there would be an inequitable situation in which some businesses were provided with governmental collections and others had to utilize the private sector. The staff has been working with current customers and other businesses to transition and acquire service from the private sector. There are at least six private firms in this region who are able to collect corrugated cardboard and now do so in response to the cardboard bans in effect in Alamance, Chatham and Wake counties. The names of those firms have been provided to generators of cardboard in Orange County. The current price of private cardboard collection service has been quoted at $28 to $30 per month for a dumpster and once weekly collection. The current sale price for cardboard is around $10 per ton, but has fluctuated greatly over the past year starting around $10 per ton reaching a high around $140 per ton before returning to around $10 per ton. The extreme fluctuations of cardboard prices make it difficult to set up revenue sharing collection contracts or to predict the profitability of cardboard recycling. In addition to working with- customers to acquire private service, drop-off site capacity has been expanded and frequency of drop-off site collections were scheduled to increase to accommodate customers who wish._ to . deliver _their cardboard to a drop-off i facility. e v 9 4 Discussion We believe that compliance with the disposal ban will require significant effort on the part of our Solid Waste and Public Works staff. We believe that most of our Sanitation customers will work with us in complying with the ban, and will be receptive to our efforts to provide them with information about alternatives for disposal. _-We anticipate that-some dumpster users maybe reluctant to-cooperate initially. - Other communities which have implemented cardboard bans have experienced brief periods of resistance to the ban, and most have had to resort to fines to effectively enforce the ban. The disposal ban would apply as follows: 1. All non-residential recyclable corrugated cardboard delivered to the Orange Regional Landfill. Non-residential waste would include all waste generated by the commercial, institutional, industrial, construction and multifamily sectors. 2 . Residential waste that is delivered to the landfill mixed with non-residential waste. Necessary for effective enforcement of the disposal ban at the landfill. 3 . Loads delivered to the landfill that were collected in bulk containers including dumpsters, compactors and roll-off containers as well as non-residential , waste which was collected in individual garbage containers. 4 . All small loads delivered to the landfill by pick-up trucks, vans, trailers or automobile. Included because it is difficult to determine their origin and any cardboard carried by these vehicles could be easily separated from the remainder of the load. The ultimate effect of the penalty tipping fee would be to economically ban recyclable cardboard from the landfill; as haulers incurred the higher cost, they would work with the generators to eliminate cardboard from mixed waste. Based upon our experience with yard waste and the experience of other communities in banning cardboard, we believe the penalty fee can be an adequate disincentive to prevent the disposal of non-residential recyclable corrugated cardboard with loads of mixed solid waste. The penalty fee would be established by resolution and would -be reviewed along with the tipping fee during the annual budget process. If after a trial period, the currently proposed double tipping fee is found not to be a sufficient disincentive, or 'is found to be too high, the fee could -be changed by action of the owner governments. w 10 5 While the disposal ban would become effective immediately upon passage o.f the ordinance by the owner governments, the Owners Group has recommended that the penalty not be implemented until March 1, 1996, in order to allow an adequate transition and educational period for the haulers and generators. . Extension ,of the ban .and. penalty -fee-to, residential .haulers.can .be decided -as 7part •-of,�>a -•_future amendment- toy:the'.--,ordinance:_^.-7The landfill staff will be providing the Owners Group additional information on the option of banning the disposal of residentially generated cardboard in the coming months. Recommendation We recommend that the Council adopt the attached ordinance and resolution banning the disposal of non-residential recyclable corrugated cardboard at the Orange Regional Landfill and establishing a penalty tipping fee for violators of the ban.