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HomeMy WebLinkAboutAgenda - 04-05-1993 - VII-D 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No VJJ -O ACTION AGENDA ITEM ABSTRACT Meeting Date: April 5, 1993 SUBJECT: Solid Waste Ordinance DEPARTMENT Public Works PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT Draft Ordinance Wilbert McAdoo/Beth Wickham, Current Ordinance ext 2625 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To present a report on a proposed solid waste management ordinance. BACKGROUND: County staff have prepared a first draft of a solid waste management ordinance for Orange County that would replace a 1976 ordinance of limited scope. The draft ordinance is based on a model solid waste ordinance for North Carolina local governments that was developed by Bill Campbell of the Institute of Government. The draft ordinance addresses the following problems: * out-of-county waste * prohibited wastes - tires, white goods, furniture, bulky wastes, hazardous wastes * scavengers * theft - recycling * vandalism - convenience centers * commercial use of solid waste containers * trailer park use of containers * litter * roadside dumping * open dumps * illegal burning Staff plans are to present the solid waste ordinance for formal consideration by the Board within the next month or two. The timing of this report is designed to provide the Board with an opportunity to provide direction about the content of a final draft. The County Attorney and Sheriff have met with the staff to review the ordinance and to discuss a conceptual approach to enforcement of the ordinance by the Orange County Sheriff ' s Department. Their comments, along with Board comments from the April 5 meeting, will be incorporated into a second draft that will be circulated to the Orange County Solid Waste Committee for their input. Responses from committee members, and fine tuning by staff would lead to production of a final draft of the ordinance for introduction at a future regular Board meeting. 2 RECOMMENDATION: The Manager recommends that the Board receive the report for information and provide feedback to staff on any suggested changes to the draft ordinance. ,-1 / ipt3 r-fm, c-D 3 SOLID WASTE MANAGEMENT ORDINANCE ORANGE COUNTY, NORTH CAROLINA SECTION I . PURPOSE AND STATUTORY AUTHORITY The purpose of this ordinance is to regulate the storage, collection, transportation, use, disposal and other disposition of solid wastes in ORANGE COUNTY. This ordinance is adopted pursuant to the authority contained in 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 unincorporated Orange County. SECTION II . DEFINITIONS The following definitions apply in the interpretation and enforcement of this ordinance. A. BOARD: Board of Commissioners of Orange County. B. BULKY WASTE: Large items of solid waste such as household appliances , furniture, automobiles , large auto parts, trees , branches , leaves , stumps, and other oversize wastes whose large size precludes or complicates their handling by normal solid waste collection, processing or disposal methods . C. COLLECTION: The act of removing solid waste (or materials that have been separated for the purpose of recycling) to a transfer station, processing facility, or disposal facility. D. COMMERCIAL SOLID WASTE: Solid wastes generated by stores , offices, restaurants , warehouses , and other non-manufacturing activities , excluding residential and industrial waste. E. CONSTRUCTION AND DEMOLITION WASTE: Solid waste resulting solely from construction, remodeling , repair, or demolition operations on buildings , or other structures, but does not include inert debris , land-clearing debris , yard debris, or used asphalt, asphalt mixed with dirt, sand, gravel , rock, concrete, or similar nonhazardous material . F. DEPARTMENT: The Department of Environment, Health and Natural Resources . G. GARBAGE: All putrescible solid waste, including animal offal and carcasses , and recognizable industrial by-products , but excluding sewage and human wastes . H. HAZARDOUS WASTES: Solid wastes, or a combination of solid wastes , that because of its quantity, concentration or physical , chemical or infectious characteristics may: 1 -9 t-A L., [ LI L ( 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. I . INDUSTRIAL SOLID WASTE: Solid wastes generated by industrial processes and manufacturing. J. INSTITUTIONAL. SOLID WASTE: Solid wastes generated by educational health care, correctional , and other institutional facilities . K. LAND CLEARING DEBRIS : Solid waste that is generated solely from land-clearing activities . L. LANDFILL: A disposal facility or part of a disposal facility where waste is placed in or on land and that is not a land treatment facility, a surface impoundment, an injection well , a - hazardous waste long-term storage facility or a surface storage facility. M. MEDICAL WASTE: Any solid waste that 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, radioactive waste, household waste as defined in 40 C.F.R. 261 . 4 (b) ( 1 ) , or those substances excluded from the definition of "solid waste" in this ordinance. N. MUNICIPAL SOLID WASTE: 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 management service. Municipal solid waste does not include hazardous waste, sludge, or solid waste from mining or agriculture. 0. MUNICIPAL SOLID WASTE MANAGEMENT FACILITY: Any publicly-or privately-owned solid waste management facility permitted by the Department that receives municipal solid waste for processing, treatment, or disposal . P . PATHOLOGICAL WASTE: Human tissues , organs , and body parts, and the carcasses and body parts of any animals that were known to have been exposed to pathogens that are potentially dangerous to humans during research, were used in the production of biologicals or in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans . Q. PERSON: Any individual , corporation, company, association, 2 E7 FL I PirFfi)10'3 j] L partnership, corporation ,- unit of local government , state agency, federal agency, or other legal entity. R . PUTRESCIBLE: Solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gases , such as kitchen wastes , offal , and animal carcasses . S . PROCESSING: Any technique designed to change the physical , chemical , or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal ; or reduced in volume or concentration. T. RADIOACTIVE WASTE: Waste containing any material , whether solid, liquid, or gas , that emits ionizing radiation spontaneously . U . RECYCLING: The process by which solid waste or recovered materials are collected, separated, or processed, and reused or returned to use in the form of raw materials or products . V. REFUSE: Solid wastes , excluding garbage and ashes , collected from residences , commercial establishments , and institutions . W. REGULATED MEDICAL WASTE: Blood and body fluids in individual containers in volumes greater than 20 ml . , microbiological waste , and pathological waste that has not been treated pursuant to rules promulgated by the Department. X. RESOURCE RECOVERY: The process of obtaining material or energy resources from discarded solid waste that no longer has any useful life in its present form and preparing the solid waste for recycling. Y. SANITARY LANDFILL: A facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted pursuant to G.S . Ch. 130A, article 9 . Z . SCRAP TIRE : A tire that is no longer suitable for its original , intended purpose because of wear , damage, or defect . AA. SEPTAGE: Solid waste that is a fluid mixture of untreated and partially treated sewage solids , liquids , and sludge of human or domestic origin that is removed from a septic tank system. BB . SHARPS: Needles , syringes , and scalpel blades . CC . SLUDGE: Any solid, semisolid, or liquid waste generated from a municipal , commercial , institutional , or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, or any other waste having similar characteristics and effects . 3 , 7 I]; 6 DD. SOLID WASTE: Any hazardous or non-hazardous garbage, refuse, 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 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: (1 ) Fecal waste from fowls and animals other than humans; ( 2 ) solid or dissolved material in (a) domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment, and disposal systems that are designed to discharge effluents to the ' surface waters; (b) irrigation return flows; and (c ) wastewater discharges and the sludges incidental to and generated by the treatment which are point sources subject to permits granted under section 402 of the Clean Water Act, as amended (P.L. 92-500 ) , and permits granted under 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 a solid waste for purposes of this definition; ( 3 ) oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 , North Carolina General Statutes . However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this definition; ( 4 ) Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S .C. 2011 ) ; ( 5 ) Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through G.S. 74-68 , and regulated by the North Carolina Mining Commission. 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 definition. EE. SOLID WASTE COLLECTOR: Any person who collects , transports, or disposes of solid wastes for compensation, other than one who removes refuse or solid waste from his own premises . 4 - , pig-F 4/1./9,3 Lr'L FF. SOLID WASTE DISPOSAL SITE : A location at which solid wastes are disposed of by incineration, sanitary landfill , or other approved method . GG. SOLID WASTE RECEPTACLE: Container used for the temporary storage of solid waste while awaiting collection . HH. SOURCE SEPARATION: Setting aside recyclable materials at their point of generation by the generator . II . TIRE : A continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle as defined in G.S . 20-4 . 0 1 ( 23 ) . JJ. TRANSFER STATION: A site at which solid waste is concentrated for transport to a processing facility or disposal site . A transfer station may be fixed or mobile . KK. USED OIL: Any oil that has been refined from crude oil or synthetic oil and, as a result of use, storage , or handling , has become unsuitable for its original purpose . LL. WHITE GOODS : Inoperative and discarded refrigerators , ranges , water heaters, freezers , and other similar domestic and commercial large appliances . MM. YARD TRASH: Solid waste consisting solely of vegetative matter resulting from landscaping maintenance . SECTION III . STORAGE AND DISPOSAL A. No owner, occupant, tenant, or lessee of any property may deposit, store, or permit to accumulate any solid wastes upon his property that is not stored or disposed of in a manner prescribed by this ordinance. B. The owner, occupant, tenant , or lessee of any property shall remove or cause to be removed all solid wastes from his property at least once each week ( 7-day period) . C . Garbage shall be stored only in a container that is durable, rust resistant, nonabsorbent, watertight, and easily cleaned, with a close-fitting , flytight cover in place, with adequate handles or bails to facilitate handling . The capacity of the container may not exceed 90 gallons . The number of containers shall be adequate to store one week' s accumulation of garbage . Each container shall be kept clean so that no odor or other nuisance condition exists . D. Refuse shall be stored in a manner that will resist harborage to rodents and vermin and will not create a fire hazard. Regulated refuse under, this subsection includes , but is not limited to, lumber , boxes , barrels , bottles , cans , tires , paper , cardboard, rags , old furniture and other bulky waste, and white 5 17\ 8 L • goods . Useful materials , - such as firewood and building materials, may be stored on the premises , provided they are stored in a safe manner at a reasonable height above ground. E. No owner, occupant, tenant, or lessee of any building or dwelling may leave outside the building or dwelling , in a place accessible to children, any abandoned or unattended icebox , refrigerator or other receptacle that has an air-tight door without first removing the door. F. Solid waste shall be disposed of only in one of the following ways : 1 . In a landfill approved by the Department; 2 . In an incinerator that has all required local , state and federal air pollution control permits; 3 . By any method, including recycling and resource recovery, that has been approved by the Department. G. In addition to the methods listed in subsection G, above, refuse may be disposed of in solid waste receptacles provided by the county. H. No person may discard, dispose, leave, or dump any solid waste on or along any street or highway or on public or private property unless such solid waste is placed in a receptacle or at a location designated for the deposit of solid waste. I . Construction wastes may be disposed of at disposal sites approved and permitted by the Department. J. Regulated medical , hazardous, and radioactive waste must be disposed of according to written procedures approved by the Department . K . Any person collecting and transporting solid wastes generated on such person' s property for disposal at an approved disposal site shall comply with SECTIONS VII . F. 1 and 2 of this ordinance concerning vehicles and containers . L. All sharps shall be placed in a sealed, puncture-proof container prior to disposal . M. Open burning of solid waste is prohibited. 6 7 IT OP 9 SECTION IV. SOLID WASTE CONTAINTER SITE A. Solid waste receptacles are maintained at selected sites throughout the county for the convenience of Orange County residents . Use by out of county residents is prohibited. Solid waste may be deposited in the solid waste receptacles only in accordance with the provisions of this ordinance. B. The following wastes may not be deposited in solid waste receptacles or at solid waste collection centers unless there is a specific area designated for the temporary storage of such items : ( 1 ) Asbestos; ( 2 ) Burning or smoldering materials , or any other materials that would create a fire hazard; ( 3 ) Commercial waste; ( 4 ) Construction waste and demolition waste; ( 5 ) Hazardous waste; ( 6 ) Industrial waste; (7 ) Institutional waste; ( 8 ) Lead-acid batteries ( 9) Liquid waste; ( 10 ) Radioactive waste; (11) Regulated medical waste; ( 12 ) Tires; ( 13 ) Used oil ; ( 14) White goods; (15 ) Yard waste; ( 16) Sludges; ( 17) Barrels; (18 ) Sharps not properly contained ( 19) Furniture 7 7Th 11 U 10 J ( 20 ) Animal parts or carcasses ( 21 ) Land clearing debris ( 22 ) All other material exceeding three ( 3 ) feet at its longest dimension C . All solid waste intended for disposal in a solid waste receptacle shall be deposited inside the container . No solid waste may be left at the solid waste collection site outside the receptacle unless the site is staffed and there is an area designated for salvageable materials . D. Orange County residents may obtain a free landfill permit from the Orange County Public Works Department for disposal of bulky items , or those items that are not compatible with solid waste containers . The permit allows for ten visits to the Orange County Landfill for disposal of residential solid waste . Such waste may only be delivered to the Orange County Landfill in the following vehicles : a ) cars b) pick-up trucks c ) trailers E. Trailer park and apartment complexes with more than six ( 6 ) occupied units must make arrangements with a private hauler for uniform garbage collection for those units . F . No person may remove any item from a solid waste container, climb on or into a container, or damage any container . G. No person shall vandalize any property associated with solid waste container sites . H. Solid waste collectors shall not use solid waste receptacles . SECTION V. SOURCE SEPARATION AND RECYCLING A. Each person who owns , leases , or manages a residence, residential unit, or place of business , industry, commerce , or other place providing goods or services , or institution, church, or school is encouraged to remove recyclable materials from the solid waste generated as required in subsection B and make them available for recycling as required in subsection C . Nothing in this ordinance is intended to prevent any person from donating or selling recyclable materials to any other person. B. All recyclable material should be separated from other solid waste and made available for recycling . Recyclable material should not be mixed with or disposed of with other solid waste. 8 /267c. 4q5193 ,1 11 Recyclable material should consist of the following items and should be prepared for recycling as directed: ( 1 ) Glass - All brown, green and clear glass should be rinsed. ( 2 ) Cans - Except for aluminum cans , all metal cans should be rinsed. All cans, including aluminum should be flattened. ( 3 ) Plastic - All plastic should be rinsed and flattened with caps removed. ( 4 ) Corrugated Cardboard and Brown Paper Bags - All boxes and bags should be clean and dry. Boxes should be flattened. ( 5 ) Newspapers - All newspapers should be clean and dry . ( 6 ) Motor Oil - Oil must be in closed containers with a five gallon limit . C. All recyclable materials brought to the recycling drop-off sites shall be placed in recycling collection containers provided by Orange Regional Recycling . D. Ownership of recyclable materials ( 1 ) After recyclable material has been placed in a designated container at a collection center designated by Orange Regional Recycling , the recyclable material shall become the property of Orange Regional Recycling . ( 2 ) No person, other than an employee or representative of Orange Regional Recycling, may remove recyclable material from a recycling collection center . SECTION VI . FLOW CONTROL A. The existing Orange County Landfill , as well as any successor thereto, shall be designated to accept solid waste generated exclusively by residents , businesses , and other institutions located in Orange County and that portion of the Town of Chapel Hill located within Durham County. B. No person, except licensed private collectors and county or municipal collectors , shall collect or remove any solid waste within the county for disposal . SECTION VII . LICENSING OF SOLID WASTE COLLECTORS A. No person shall engage in business as a solid waste collector except under a license issued by ORANGE COUNTY pursuant to this ordinance . 9 I . 12 LJ L L-L1 B. Applications for licenses to engage in the business of solid waste collector shall be filed with the Public Works Department on forms furnished by Orange County. The initial application fee shall be one hundred ( 100 ) dollars and annual renewal application shall be twenty five ( 25 ) dollars . The applicant shall furnish the following information: 1 . Name and address of the applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests; 2 . A list of the equipment possessed, available, or to be obtained by the applicant, including motor vehicle license tag numbers; 3 . Number of employees the applicant expects to use in the business; 4 . Experience of the applicant in solid waste collection; 5 . Planned routes and areas of the county the applicant expects to serve; 6 . Schedule of fees the applicant plans to charge; 7 . Evidence of liability insurance coverage; 8 . Name and location of facility where collected waste is to be disposed of . C. Before issuing a license pursuant to this section, the Public Works Department shall inspect or cause to be inspected all facilities and equipment the applicant plans to use in the solid waste collection business . D. 1 . The Public Works Department may issue the applicant a license only when he finds that the applicant' s facilities , equipment, and proposed operating methods are in compliance with this ordinance and the applicable rules of the Department and that the applicant will perform waste collection in an efficient and sanitary manner. A condition of the license shall be that the licensee- shall serve every person who contracts with him for solid waste collection in such a manner that the licensee does not cause the person to be in violation of this ordinance. 2 . If the Public Works Department denies an applicant a license, the applicant may request a hearing before the Public Works Director. The Public Works Director shall keep summary minutes of the hearing and at least one week after the hearing shall give the applicant written notice of the decision either granting the license or affirming his denial of the license. The applicant may appeal the Public Works Director' s decision to 10 ) uL \ [T L 13 the Board of County Commissioners by giving written notice of appeal to the County Manager within five ( 5 ) working days of receipt of the Public Works Director ' s decision following the hearing . After a hearing on the appeal , the Board shall either affirm the denial or direct the Public Works Department to issue the license . 3 . A license shall be valid for a period of one year from the date of issuance . E. A licensee shall submit a report every six ( 6 ) months to the Public Works Department containing the following information: 1 . Total number of customers; 2 . Number of customers added or deleted since last report; 3 . Changes in routes; 4 . New and replacement equipment; 5 . Total amount of solid waste and recyclables collected . F. 1 . Vehicles and containers used for the collection and transportation of solid wastes 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 Public Works Department. 2 . Vehicles and containers used for the collection and transportation of solid wastes shall be loaded and moved in such a manner that the contents will not fall , leak, or spill , and shall be covered to prevent the blowing of material . If spillage or leakage should occur , the material shall be recovered immediately by the licensee and returned to the vehicle or container , and the area properly cleaned . G. When the Public Works Department finds that a licensee has violated this ordinance or the conditions of his license , he shall give the licensee written notice of the violation and inform him 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 will be revoked. If another violation occurs within the thirty ( 30 ) working day period, or if the continuing violation is not corrected within ten ( 10 ) working days , the Public Works Department shall give the licensee written notice that his license is revoked. Upon receipt of the revocation, the licensee shall stop collecting , transporting, or disposing of solid 11 n ' A 3 I] 14 wastes. The Public Works Department may reinstate a revoked license after the revocation has been in effect for thirty ( 30 ) working days if he finds that the conditions causing the violation have been corrected. A licensee whose license has been revoked may appeal the revocation to the Board of County Commissioners by giving written notice of the appeal to the Public Works Department within ten ( 10 ) working days of receiving notice of revocation from the Public Works Department. After a hearing on the appeal , the Board shall either affirm the revocation or direct the Public Works Department to reinstate the license. H. No license issued pursuant to this chapter shall be assignable . SECTION VIII . ENFORCEMENT A. 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 shall be a separate and distinct offense. B. 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 G.S . 153A-123 . Each day' s violation shall be treated as a separate offense . C. Remedies : This ordinance may be enforced by equitable remedies , and any unlawful condition existing or in violation of this ordinance may be enforced by injunction and order of abatement in accordance with G.S . 153A-123 . 12 4 p 4/5/4%3 E,'-'J/ 15 AN ORDINANCE PROHIBITING THE DEPOSITING OF TRASH , GARBAGE AND OTHER DEBRIS ON ORANGE COUNTY PROPERTY OTHER THAN IN DESIGNATED CONTAINERS AT SELECTED LOCATIONS • Pursuant to North Carolina General Statutes 153A-121 and 153A-132.1 the Board of Commissioners of Orange County ordains that: Section I. 1 A. No person shall deposit trash, garbage or debris outside the • corporate limits of any municipality within Orange County upon premises owned or operated by Orange County except in containers designated for that purpose at locations selected by the Board of Commissioners of Orange County or their agents and employees. B. Such use is limited to the depositing of household trash, garbage or debris and that in no event shall the depositing of live or dead animals, furniture, appliances, tires, trees, brush, stumps (flora) or the remains thereof, rock debris, scrap metal, building materials, motor vehicles or any parts thereof or any object too large to fit into containers be per- ,rmi C. In no event shall the depositing of household trash, garbage or debris by commercial haulers of same be permitted. • Section II. person who shall violate the provisions - shall be guilty of a misdemeanor and uponconvictionfshall bed fined eor tis imprisoned, in the discretion of the Court. Section III. This Ordinance shall take effect on the 1st day of May, 1976. .,ti • • •