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HomeMy WebLinkAboutAgenda - 06-29-1993 - VIII-E • 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: 6/29/93 Action Agenda Item if Umar-IE SUBJECT: Out of County • Waste Ordinance DEPARTMENT: Public Works PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Wilbert McAdoo An Ordinance Restricting the Ext . 2627 Disposal of Solid Waste at the Orange County Landfill TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider adoption of an ordinance which would restrict the Orange County Landfill from knowingly accepting waste generated outside of Orange County. BACKGROUND: The Orange County Board of Commissioners adopted a resolution on May 29 , 1992 prohibiting acceptance at the Orange County Landfill of solid waste generated outside of Orange County. On May 20 , 1993 the Landfill Owners ' Group adopted a resolution to recommend to the Towns of Chapel Hill and Carrboro and the Orange County Board of Commissioners adoption of an ordinance prohibiting acceptance of solid waste generated outside of Orange County at the Orange County Landfill . The major advantage of use of an ordinance to establish a policy banning out of County waste at the Orange County Landfill are twofold. First , an ordinance presents the policy in legal terms and secondly, an ordinance provides the potential for use of sanctions or penalties for non-compliance. RECOMMENDATION: The Manager recommends adoption of the ordinance restricting the disposal of solid waste at the Orange County Landfill . 2 ATTACHMENT # 1 A RESOLUTION TO RECOMMEND TO THE GOVERNING BODIES OF THE LANDFILL OWNERS ' GROUP AN ORDINANCE PROHIBITING ACCEPTANCE OF SOLID WASTE GENERATED OUTSIDE OF ORANGE COUNTY AT THE ORANGE COUNTY LANDFILL (93-5-24/R-10) WHEREAS, the representatives of the Landfill Owners ' Group believe it is in the best interests of Orange County to prohibit waste originating from outside Orange County to be delivered to the Orange County Landfill ; NOW, THEREFORE BE IT RESOLVED BY THE LANDFILL OWNERS ' GROUP, that the ordinances included as Attachments #la', lb, and 'lc be recommended to the Carrboro Board of Aldermen, the Chapel Hill Town Council and the Orange County Commissioners for adoption into their respective Codes of Ordinances . • This the 24th day of May, 1993 . • • • • • 3 AN ORDINANCE RESTRICTING THE DISPOSAL OF SOLID WASTE AT THE ORANGE LANDFILL WHEREAS, the Orange County Landfill was acquired and is owned jointly by the County of Orange and the Towns of Carrboro and Chapel Hill ; and , WHEREAS , the Governing Bodies of the three owners maintain and operate the Orange• County Landfill , through the Town of Chapel Hill as Landfill Administrator, for the benefit of the citizens and property owners of their jurisdictions; and, WHEREAS , the Orange County Landfill is a valuable and limited resource which the three owners wish to preserve and conserve , in order that it may be available for use by the citizens of Orange County, Carrboro and Chapel Hill ; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Orange as follows : Section 1 . Orange County Landfill . The Orange County Landfill , as it is presently constituted and as it may be expanded or relocated in the future, shall be used for the disposal of solid waste generated exclusively by the residents, businesses and other institutions located in Orange County, the Town of Carrboro and the Town of Chapel Hill . Section 2 . Solid Waste Receptacles . Solid waste receptacles are maintained throughout Orange County for the convenience of Orange County residents . Solid Waste may be deposited in the receptacles , for eventual disposal at the Orange Regional Landfill , only by the residents , businesses and other institutions located in Orange County, The Town of Carrboro and the Town of Chapel Hill as so designated by the applicable jurisdictions . Section 3 . Enforcement . a . Criminal penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine of not to exceed $500 or imprisonment for not more than 30 days , or both . Each violation and each day ' s violation shall be treated as a separate 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 $500 . Each violation and each day ' s violation shall be treated as a separate offense. c . Other remedies. This ordinance may be enforced by equitable remedies and any unlawful condition existing in violation of this ordinance may be the subject of an injunction or order of abatement . This is the 29th day of June, 1993.