HomeMy WebLinkAboutAgenda - 04-18-2006-8cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 18, 2006
Action Agenda
Item No. ~j -~,,
SUBJECT: Requlated Recyclable Material Ordinance Amendments
DEPARTMENT: Solid Waste Mgmt/Attorney
PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
Draft Ordinance
INFORMATION CONTACT:
919-732-2196
Gayle Wilson, Solid Waste Director,
919-968-2885
Genf Gledhill, County Attorney ,
PURPOSE: To present suggested amendments to the Regulated Recyclable Material
Ordinance, conduct a public hearing, and consider approval of the proposed amendments on
first reading,
BACKGROUND: In December 2001, the BOCC adopted the Regulated Recyclable Material
Ordinance (RRMO) requiring the recycling of targeted materials (wood, metal, and cardboard
and other such "Regulated Material"), the permitting of construction projects (coordinated with
municipal Inspections Departments within the County), the licensing of waste haulers, and the
Certification of mixed recycling facilities, The effective date of enforcement was October 1,
2002.
In 2004, the Board adapted amendments to the RRMO including amendments to the
certification of recycling facilities section to clarify that the ordinance is in no way directing the
flow of waste to specific facilities, etc„ and to require the numbering and identification of
Regulated Material waste containers.
After additional experience administering the RRMO, the Orange County Solid Waste staff has
determined, in cooperation with the County Attorney, that a number of further revisions and
clarifications to the Ordinance are necessary. These changes are designed to better inform
those affected by the enforcement of the ordinance and to clarify questions that have arisen
since the last amendments to the ordinance were made. A previously distributed March 16,
2006 staff memo outlined these changes and the rationales for them, For ease of reference,
those are reproduced below:
A certification issued to a recycling facility is assignable to a new owner of the facility with
the permission of the Solid Waste Department, which permission may be reasonably
withheld, such as when the new owner does not or cannot meet the standards of the
ordinance.
This clarification is necessary to allow transfer of ownership for certified recycling
facilities without interrupting the ability of the facility to take regulated recyclable
materials from Orange County. The certification is assignable only if the facility does
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not substantially change recycling processes. If substantial changes are made, then
the facility must go thru the certification process again.
• An addition of an ordinance-mandated monthly reporting requirement for certified recycling
facilities. This requirement had previously been placed in the terms and conditions section of
the certification application.
This addition is necessary to give the Solid Waste staff a regulatory method fo cite a
certified facility should the facility fail to provide monthly reports detailing containers
delivered to the facility. These reports are vital to policing the RRMO and have not
always been forwarded to our staff on a timely basis.
• A clarification that licensed haulers must provide an annual report and specifics of the
report,
This is a clarification for an existing requirement that details what information is
necessary to fulfill the reporting requirement.
• An addition that states the responsibilities of the Solid Waste enforcement staff in regards to
granting and renewing licenses of collectors of Regulated Material.
This addition makes clear what is expected of the Solid Waste staff when issuing
licenses to haulers. For example, the staff now requires proof of liability insurance as
part of the application process, and may, in the future, conduct inspections of a
hauler's facilities and equipment. It also provides a method to deny issuing a license
to a hauler that did not operate the previous year in a manner consistent with the
ordinance, i.e. multiple serious citations.
• An addition that specifies the method to notify a Regulated Materials permit holder of a
violation and an opportunity to cure and/or to revoke a Regulated Materials permit in the
event it becomes necessary (when applying for a building or zoning compliance permit, the
RRMQ provides that an applicant must also apply for a RRMQ Management Permit, and the
recommended amendments clarify the enforcement provisions concerning the same).
This addition specifies how the staff should notify generators of regulated recyclable
materials of any violations of the ordinance. It also makes it clear that generators are
subject to the same penalties as haulers.
• An addition that specifies the appeals process for those collectors who have had their
license revoked.
In the past there has been no formal method for a licensee to appeal the revocation of
a license. Haulers who have in the past had their licenses revoked have attempted
negotiated settlements with the staff to avoid revocation. This addition eliminates that
possibility and details the method by which a hauler may appeal a revocation and
provides a check and balance for the Solid Waste staff.
• Amendment to the civil penalty provisions of the ordinance to clarify that the violator is
subject to a separate civil penalty for each load, day, or other distinct violation of ordinance.
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This clarification is necessary to prevent a licensee, permit holder, or certified facility
from arguing that multiple identical violations of the ordinance constitute only a
single violation. For example, if a company was cited five times for failure to number
a bulk container, then the ordinance states that is five citations and not a single
citation for the five instances.
An addition that provides for stop haul orders in the event a container is in violation of the
ordinance, such as when heavily contaminated or containing hazardous materials, The
addition also provides for an appeals process to reverse the stop haul order.
This section was added to provide the Solid Waste staff with a method to deal with
egregious violators of the ordinance and in particular those who have hazardous
materials in a bulk container or who have failed to pay a citation after multiple late
notices. This section also provides for a fine for violation of fhe stop haul order of
$250 per container or vehicle.
There are several other miscellaneous clarifications and corrections (appearing in the attached
proposed ordinance amendments as underlined additions, or deleted~;;!<e'n",r^~agF~s), such as:
provisions concerning limits of liability insurance coverage; the transportation of Regulated
Material in a secure manner; and other technical corrections, such as deleting definitions that
are not pertinent to the ordinance as amended,
This item was discussed at the March 21, 2006 meeting, at which the BOCC directed staff to
conduct a public hearing and to also provide information on how the regulated community is
informed/educated about the ordinance revisions. The Solid Waste Staff offers ongoing training
and supplemental training concerning the RRMO to all affected parties. A total of 18 separate
training sessions were offered this past fall, After the following amendments are adapted, a
new series of training sessions will be conducted as expeditiously as possible to ensure that the
affected community knows about the changes and how these changes may affect them. The
staff also communicates on a frequent basis with haulers, contractors, and those applying for
permits,
FINANCIAL IMPACT: There are no financial impacts expected from these amendments.
RECOMMENDATION(5): The Manager recommends that the Board:
1) conduct a public hearing;
2) provide additional comments or questions to staff; and
3) adopt the attached revised ordinance, which will amend the Regulated Recyclable
Materials Ordinance as described above,
ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF
REGULATED RECYCLABLE MATERIAL IN 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 Oran e 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 landfills 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 loca]. 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 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 constitutes approximately one-third
(1/3) of the overall solid waste stream delivered to the Orange County 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 has the legal authority under State law, including but not
limited to N.C.G. S.. § 153A-136, § 153 A-445, and § 130A-309.09B, to enact
regulations with respect to the disposal of solid waste including recyclable
material~as~el~s--t _._ . _.,~-.a~se3~-Q-s-tT;,b^. -=.=.-.=--=rr=- --- ---
^,'^, 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, 123, 132..1, 136, 274-278, 291-293, 445, and
N. C.G.S. §§ 130A-309,.01-309.08, 309.09A, 309,.09B, 309.09C, 309.09D .. Unless
otherwise indicated, this Ordinance pertains to all solid waste activity in
Orange County..
SECTION III.. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL; NO OPEN BURNING OF
SOLID WASTE..
1. .. Regulated recyclable material includes recyclable construction and demolition
material, clean ferrous and nonferrous scrap metal other than recyclable
construction and demolition material, wooden pallets, clean wood waste ,
corrugated cardboard, 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 (1) unless doing so would pose a threat to public health and safety
through exposure to carcinogens and other toxic substances including, but not
limited to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated
recyclable material is attached to other material, including other regulated
recyclable material, in a way that it is not reasonably possible to separate
the regulated recyclable material into its constituent parts or from non-
regulated recyclable material. 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 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 safe recycling of the material, Regulated recyclable material shall be
separated from other solid waste unless delivered to a Commingled Recycling
Facility certified as such in the manner provided for in this Ordinance.
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..
5. Transporting or accepting for transport any regulated recyclable material for
purposes of disposal as solid waste or treatment in a manner inconsistent
with this Ordinance constitutes a violation of this Ordinance
6., Any person collecting or transporting regulated recyclable material for
purposes of disposal or recycling 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.
7. No person may dispose of solid waste through open burning in Orange County.
6.. No person may contaminate regulated recyclable materials so as to make L-hem
unrecyclable..
1 Additional materials may be added to the list of regulated recyclable
materials, including but not limited to: aluminum, drink boxes, kraft paper,
glass bottles and jars, magazines, used motor oil, newspaper, office paper,
scrap paper, plastic bottles including milk jugs, soda bottles, steel and tin
cans, telephone directories, food waste when exclusively source-separated for
composting, non-reusable wood waste, drywall.
SECTION ZV. CERTIFYING COMMINGLED RECYCLING FACILITIES.
1, Any facility accepting regulated recyclable materials, commingled with other
solid waste (hereafter "commingled regulated recyclable materials")
originating from within Orange County, must be certified as an approved
Commingled Recycling Facility. Any person wishing to dispose of commingled
regulated recyclable materials originating from within Orange County may only
do so by delivery to a facility which has been certified as an approved
Commingled Recycling Facility. In order to be certified as an approved
Commingled Recycling Facility, the facility must make application for
certification as an approved Commingled Recycling Facility. All applications
must be accompanied by a processing fee. The amount of the fee will be set by
the Board annually with the adoption by the Board of the annual budget
Ordinance of Orange County. The application must include documentation that
the applicant has:
A. one of the following valid state permits issued by the state where the
facility is located to which Regulated Recyclable Material is to be
delivered (1) Solid Waste Landfill, (2) Processing and Recycling, or (3)
Solid Waste Transfer, or (4) Composting Facility permit; and
B. One of the following:
(1) a documented performance of separating and marketing all those
materials required by this Ordinance to be recycled demonstrated by
twelve (12) months of tonnage detailing all Regulated Recyclable
Material the facility has received and receipts for all Regulated
Recyclable Material marketed; or
(2) a documented performance of at least 30% recycling of all material
that the Commingled Recycling Facility accepts demonstrated by twelve
(12) months of tonnage detailing all material the facility has
received and receipts for all material separated and marketed.. In
making this recycling performance calculation: (1) inert debris (such
as, for example, concrete, dirt, rock and asphalt paving) shall be
excluded from the material accepted and from the material recycled;
and (2) fifty percent (50°s) of fines (mechanically screened material
resulting from the operation of a mechanical waste recovery system)
shall be considered inert debris and the other fifty percent (50%) may
be counted as material accepted and material recycled.
2. Certification.
A. A Facility complying with the above requirements shall be certified as an
approved Commingled Recycling Facility by the Department.. This
certification will be valid for one year from the date of approval by the
Department and must be renewed annually. The certification shall be
provide at least 15 days advance notice
or other substantial change in the appli
approved Commingled Recycling Facility .
B. As a condition of certification, a Commingled Recycling Facility shall
provide detailed reports to the Department, including receipts, on a
monthly basis providing the information rewired to complete the
the
otherwise
,.B„
C.. B-If the certification application does not meet the requirements of this
Ordinance, the notification of denial shall state the reasons that the
application was denied.. If the Department denies certification pursuant to
this Section, the applicant may request a hearing with the Department
Director,. The Department Director shall keep minutes of the hearing,
including all documents that are part of the application and all documents
submitted at the hearing. Within one week after the hearing the Department
Director shall give the applicant written notice of the decision either
granting the certification or affirming the denial of the certification.
The applicant may appeal the Department Director's decision to the Orange
County Manager by giving written notice of appeal to the County Manager
within five (5) working days of receipt of the Department Director's
decision. The Manager shall reverse, affirm or remand the decision of the
Department Director to the Department Director based on the minutes of the
hearing, including all documents that are part of the minutes. If the
decision of the Orange County Manager is to reverse the decision of the
Department Director, the applicant is deemed certified.. If the Orange
County Manager remands to the Department Director, the remand decision
shall direct the matters to be reconsidered by the Department Director on
remand,
SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE NATERIAL.
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 ("RM license"). Each vehicle used by the licensed
collector or hauler must be registered with the Department.
2. Applications for an RM license shall be filed with the Department on forms
furnished by Orange County. All applications must be accompanied by a
processing fee for each vehicle that will collect regulated recyclable
material, The amount of the fee will be set by the Board annually with the
adoption by the Board of the annual budget Ordinance of Orange County, The
applicant shall furnish the following information:
A.. Name and address of the applicant and the applicant's business name
H.. A list of the equipment possessed, available, or otherwise to be used by
the applicant in regulated recyclable material collection, including motor
vehicle license tag numbers;
C, Liability insurance coverage, proved by providing the Department, at the
time that the license is applied for, a certificate of insurance showing
coverage equaling or exceeding legal limits in effect at the time of
application;
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D, Name and location of facilities where collected regulated recyclable
materials are to be delivered,.
3.. 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.. Vehicles and
containers used in the collection and transportation of regulated recyclable
material shall be secure , 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. Containers used for collection of Regulated
Recyclable Material shall be conspicuously labeled with the collection
company's name, shall be serially numbered with distinct numbers displayed at
least 4 (four) inches high, and shall has signage affixed, permanently or
temporarily, defining what materials are intended or prohibited from being
deposited in them.. 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.
4.. Issuance of license,
A.. The Department may issue the applicant a RM license only when it is found
that the applicant's facilities, equipment, insurance coverage and
proposed operating methods are in compliance with this Ordinance,_ and the
applicable rules of the Department which implement this Ordinance,_ and
that are consistent with it,_ and that the applicant will perform regulated
recyclable material collection and disposal in a manner consistent with
this Ordinance. A condition of the RM license shall be that the licensee
shall serve every person in such a manner that the RM licensee does not
cause the person served to be in violation of this Ordinance.
B. If the RM license application does not meet the requirements of this
Ordinance, the notification of denial shall state the reasons that the
application was denied.. If the Department denies a RM license, the
applicant may request a hearing with the Department Director. The
Department Director shall keep minutes of the hearing, including all
documents that are part of the application and all documents submitted at
the hearing. Within one week after the hearing the Department Director
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 Orange County Manager by
giving written notice of appeal to the County Manager within five (5)
working days of receipt of the Department Director's decision, The Manager
shall reverse, affirm or remand the decision of the Department Director to
the Department Director based on the minutes of the hearing, including all
documents that are part of the minutes.. If the decision of the Orange
County Manager is to reverse the decision of the Department Director, the
license is deemed issued, If the Orange County Manager remands to the
Department Director, the remand decision shall direct the matters to be
reconsidered by the Department Director on remand,.
C. A license shall be valid for a period of one year from the date of
issuance.
5. with each license renewal application, a RM licensee shall, on a timely
basis, submit annual reports to the Department containing the following
information:
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A. New and replacement equipment;
B. Identity of all equipment no longer in use by licensee that was listed in
original application for RM license;
C.. Detailed list of total amounts of regulated recyclable material collected
by type and amount; and-
D. The locations to which the regulated recyclable material was delivered. -;
and
E.. Updated certificate of insurance showing liability insurance coverage as
r~uired by subparagraph "C" of Paraqra h 2 of this Section.
6,. The_ Department may renew a RM license only when it is found that the
applicant's facilities, equi ment, insurance covera e and operating methods
are in compliance with this Ordinance and the applicable rules of the
Department which implement this Ordinance. and that the ann7. icant has. dnri
a manner consistent with this Ordinance, or has timely coz
ns any condition of the RM license as provided for in
s A and B of Paragraph 2 of Section VII of this Ordinance.
7. No RM license issued pursuant to this Ordinance is assignable.
8. Violations of this Ordinance involving collectors of regulated recyclable
material include:
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 RM license constitutes a violation of
this Ordinance.
B. Regulated recyclable material which is to be delivered to an approved
Commingled Recycling Facility may be commingled so long as all of the
material in a given container is to be delivered to that Facility.
Otherwise, placement of regulated recyclable material into any solid waste
container, including the solid waste compartment of a collection vehicle,
for any length of time, constitutes a violation of this Ordinance..
C, Transporting or accepting for transport any regulated recyclable material
that has not been separated for purposes of recycling, or which has been
commingled with non-regulated recyclable material or solid waste, unless
the material and/or waste is to be delivered to an approved Commingled
Recycling Facility constitutes a violation of this Ordinance..
D,
lty issued for violation of this
a stop haul order, or failure to comply
n of this Ordinance or any rule, notice
Director pursuant to this Ordinance.
E, Repeated violations of this Ordinance may result in RM license suspension
or revocation as provided in this Ordinance.
SECTION VI, PERMITS FOR TH6 MANAGEMENT OF REGULATED RECYCLABLE MATERIALS..
6
/0
1. Any person applying for a building permit and/or a zoning compliance permit
from any unit of local government in Orange County authorized to issue such
permits, shall, prior to applying for such permits and before construction,
demolition~;d ^'-~a~^-'-g-or other preparatory activity commences, make
application to the Department for a regulated recyclable material management
permit (RM permit) for the management of regulated recyclable material.
2. The RM permit application 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, whether the project
requires demolition or deconstruction and the methods to be employed for
disposal of the solid waste and regulated recyclable material generated by
the project.
3. Applications for a RM permit shall be filed with the Department on forms
furnished by Orange County. All applications must be accompanied by a
processing fee. The amount of the fee will be set by the Board annually with
the adoption by the Board of the annual budget Ordinance of Orange County.
4. The Department will review and, within ten (10) days, make a decision on the
RM permit, The applicant will then be notified of the Department's decision
within two (2) working days after the decision is made..
A. If the RM permit application meets the requirements of this Ordinance, a
RM permit will be issued to the applicant. The RM permit applies only to
the project for which the application was made,. The permit shall prescribe
the permissible methods of disposal of regulated recyclable material. If
the project requires demolition or deconstruction not resulting from
condemnation under the North Carolina Building Code, the permit may direct
a delay in demolition or deconstruction, not exceeding sixty (60) days
from the issuance of the RM permit, in order for the Department to perform
an assessment of whether and to what extent the structure to be demolished
or deconstructed consists of regulated recyclable materials that can be
reasonably recycled.
B. If the RM permit application does not meet the requirements of this
Ordinance, the notification of denial shall state the reasons that the
application was denied. If the Department denies a RM permit, the
applicant may request a hearing with the Department Director. The
Department Director shall keep minutes of the hearing, including all
documents that are part of the application and all documents submitted at
the hearing. Within one week after the hearing the Department Director
shall give the applicant written notice of the decision either granting
the permit or affirming the denial of the permit.. The applicant may appeal
the Department Director's decision to the Orange County Manager by giving
written notice of appeal to the County Manager within five (5) working
days of receipt of the Department Director's decision. The Manager shall
reverse, affirm or remand the decision of the Department Director to the
Department Director based on the minutes of the hearing, including all
documents that are part of the minutes. If the decision of the Orange
County Manager is to reverse the decision of the Department Director, the
permit is deemed issued. If the Orange County Manager remands to the
Department Director, the remand decision shall direct the matters to be
reconsidered by the Department Director on remand..
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C. A permit shall be valid from the date it is issued and shall expire upon
the expiration of the building permit and/or the final zoning compliance
permit issued for the completed project for which application was made.
5 If it is determined that a permit holder engaged in construction, demolition
or other preparatory permitted activity, has failed to comply with this
Ordinance, or rules adopted or issued pursuant to this Ordinance, a notice of
violation shall be served upon that person. The notice shall specify a date
said rules. Any person who fails to compl
subject to the civil and criminal penalti
the Department shall have the power to re
authority of this Section.
SECTION VII: ENFORCEMENT. The following shall pertain to violations of this
Ordinance:
1. Double Tip Fee.. Any person disposing of regulated recyclable material at the
Orange County Landfill in violation of this Ordinance, in addition to being
subject to the other remedies provided in this Ordinance, shall pay, for the
load or loads disposed of in violation of this Ordinance, double the tip fee
in effect at the time of the disposal..
2. Revocation of regulated recyclable material collection licenses.
A, When the Department finds that a RM licensee has violated a condition of
the License, as defined in this Ordinance, the licensee shall receive
written notice of the violation and be informed that if the violation is
not corrected or if another violation occurs within thirty (30) working
days the RM license shall be revoked.. Notice of the revocation shall be by
written notice from the Department delivered or mailed by first class mail
to the licensee. Delivery by first class mail shall be the method of
delivery if the licensee cannot readily be served with the notice of
revocation in person.. Upon receipt of the revocation notice, the RM
licensee shall stop collecting, transporting, or disposing of regulated
recyclable material originating in Orange County.
B, The Department may reinstate a RM license revoked for a violation of a
permit condition after the revocation has been in effect for thirty (30)
working days if the Department finds that the RM permit conditions causing
the violation have been corrected.
C.. when the Department finds that a RM licensee has _transported or accepted
for transport any regulated recyclable material that has not been
separated for purposes of recycling, or which has been commingled with
non-regulated recyclable material or solid waste, unless the material
and/or waste is to be delivered to an approved Commingled Recycling
Facility, or otherwise violated this Ordinance as set forth in paragraph 8
of SECTION V of this Ordinance, the RM license shall be revoked for one
year if:
(1) ~-the violation has occurred within thirty (30) days of another such
violation, or
(2) ~2-the violation is the fifth such violation to occur within one (1)
year.
8
ia.
If the Department issues a notice of revocation of an RM license pursuant
to this Section, the applicant may request a hearin with the Department
Director. The Department Director shall keep minutes of the hearin ,
including all documents that are part of the revocation and all documents
submitted at the hearing. Within one week after the hearing the Department
Director shall give the applicant written notice of the decision either
reinstating the license or affirming the revocation of the license. The
applicant may appeal the Department Director's decision to the Orange
County Manager by giving written notice of appeal to the County Manager
within five (S) working days of receipt of the Department Director's
decision. The Manager shall reverse, affirm or remand the decision of the
Department Director to the Department Director based on the minutes of the
hearing, including all documents that are part of the minutes. If the
decision of the Orange County Manager is to reverse the decision of the
Department Director, the license is deemed reinstated. If the Orange
County Manager remands to the Department Director, the remand decision
shall direct the matters to be reconsidered by the Department Director on
remand.
The holder of a revoked RM license may reapply after one year of the date
of revocation for a new license. Any person whose RM 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,.
3. 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..
4. Civil Penalty. Any person who is found in violation of this Ordinance as_
provided herein and as authorized by N.C.G.S. ~ 153A-123 shall, in addition
to the other remedies provided in this Ordinance, be subject to a civil
penalty not to exceed five hundred ($500) dollars per offence as-g~a~ed-
he~e4n a~ as aathe~r~sed bl Bd.G.G~. § }53~4~~3, Each violation incident is a
separate and distinct offense. By way of description and not of limitation,
each container or vehicle load of Regulated Recyclable Material that is
stored, hauled, separated, marketed or delivered in violation of this
Ordinance is a separate offense. The Department Director may issue to any
person who or that has violated this Ordinance, a citation giving notice of
the alleged violation(s) and the civil penalty imposed,. Citations so issued
may be delivered or mailed by first class mail to the person violating this
Ordinance. Delivery of the citation by first class mail shall be the method
of delivery if the person violating the Ordinance cannot readily be served in
person., Violators of this Ordinance shall be subject t o the following civil
penalties ^w~ae-~~a^a for each violation of this Ordinance:
A. {~-~-Failure to obtain a regulated recyclable material. collection license..
B.. -(~-)-Failure to recycle regulated recyclable material as defined in this
Ordinance.
C, {3-)-Failure to obtain an approved RM permit as defined in this Ordinance.
Number of Prior Amount
9
l3
Violations
0 $50
1 $100
2 $200
3 $300
4 $400
5 or more $500
Notwithstanding the foregoing, failure to comply with a Stop Haul Order shall
subject the violator to an additional civil penalty in the amount of 529n ner
vehicle or container that is hauled in violation of a Stop Haul Order.
5. Stop Haul Orders
A.. Whenever any collector of regulated recyclable material has violated or is
in the process of violating this Ordinance as set forth in Para raph B of
SECTION V of this Ordinance, the Department may, either before or after
the institution of any other action or proceeding authorized by this
Ordinance, issue a stop haul order for the vehicle or container involved
in the violation, specifying the violation of this Ordinance. Upon
issuance of such an order and the posting of same on the vehicle or
container, all specified hauling or other activity related to the vehicle
or container that is the subject of the violation shall cease, except
those activities necessary to bring the vehicle or container into
compliance with this Ordinance. Notice of the stop haul order shall be in
writing, directed to the person conducting the prohibited activity and
shall state the reasons for the issuance of the order, and the conditions
under which hauling may be resumed. Said notice may be served on the
violator by mail or by posting on the vehicle or container that is in
violation of this Ordinance.
B, The person conducting the prohibited activity may appeal a stop haul order
to the County Manager within a period of five days after the order is
issued. Notice of appeal shall be given in wiitin to the County Manager,
with a copy to the Department. The County Manager shall conduct a hearing
at which the appellant and the Department shall be permitted to submit
relevant evidence, and shall rule on the appeal as expeditiously as
possible. Pending the ruling by the Manager on an appeal, no further
hauling shall take place in violation of a stop haul order.
6_~5- Equitable 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.
SECTION VIII. DEFINITIONS. For the purposes of this Ordinance, the following
definitions shall apply:
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2. Board.. The Board of Commissioners of Orange County
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4.. Clean wood waste. Wood waste from construction and demolition activity that
is not treated and free of paint. Clean wood waste shall not include non-
reusable wood waste as defined in this Section.
5. Collection. The act of removing solid waste (including construction and
demolition waste; '_-^a _'_c-r'_-g acbric 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,
6. Condition of the License. Any requirement of this Ordinance pertaining to the
activity of andperson licensed under this Ordinance to collect or otherwise
haul regulated recyclable material within the County, other than a violation
of this Ordinance set forth in Paragraph 8 of SECTION V of this Ordinance.
7. Construction and demolition waste. solid waste resulting generally from
construction, remodeling, repair, or demolition operations on pavement,
buildings, or other structures.
e. Corrugated cardboard. 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 food^~~~`^ waste in its normal use
before disposal is excluded from this definition.
9. Department, The Solid waste Management Department.
10 .. Department Director.. The Director of the Solid Waste Management Department.
11. Disposal.. The discharge, deposit, injection, dumping in an open dump ,
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.. food that has been prepared for human consumption and was not
served or otherwise used for food,
13. Garbage. all putrescible wastes, including animal offal and carcasses, and
recognizable industrial by-products, but excluding sewage and human wastes,
14. Hazardous waste.. 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.. 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
11
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generation; fertilizer/agricultural chemicals; food waste 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..
16. Inert Debris. 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. 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.
18. Medical waste,. 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.
19. Municipal solid waste. 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 inert
debris.. 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.
20. Non-reusable wood waste.. trees cleared from land for any purpose other than
sale as a commodity or chipping for use on site or for sale.
21. Open burning.. The combustion of solid waste as a means of disposal of that
waste,.
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23. Pallet. A portable, wooden platform for handling, storing, or moving
materials and packages used in warehouses, factories, retail and wholesale
sales locations and vehicles.
24. Person. a person, group of persons, firm, company, corporation,
association, partnership, unit of local government, state agency, federal
agency, or other legal entity..
25.. Processing.. any technique designed to change the physical, chemical, or
biological character or composition of any solid waste so as to render it
12
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safe for transport; amenable to recovery, storage, or recycling; safe for
deposit; or reduced in volume or concentration.
26. Project. a planned undertaking of construction, remodeling, deconstruction
and demolition.
27. Putrescible.. 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. solid waste containing any material, whether
solid, liquid, or gas, that emits ionizing radiation spontaneously,.
29. RCRA.. 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.. 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. G~G.E, § 130-
309.05(c)..
31. Recyclable construction and demolition material.. clean wood waste and
metals (except closed drums and tanks) 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 waste, 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 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 recyclable material as do^`^^'~`.~T
Oran'^,^^^ -^'^'~'^ Tamar' set forth in Paragraph 1 of SECTION III of
this Ordinance.
35, Regulated recyclable material collector,. any person who collects regulated
recyclable waste..
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39. 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,
40. Solid waste.. construction and demolition waste; regulated recyclable
material; 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 FP .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 criteria for hazardous waste under RCRA shall also be
a solid waste for the purposes of this Article. Any source, special
nuclear or byproduct material as defined by the Atomic Energy Act of
1954, as amended (42 U.S,C, ~ 2011), Mining refuse covered by the
North Carolina Mining act, N.C.G.S. ~ 74-46 through 74-68 and
regulated by the North Carolina Mining Commission (as defined under
N.C.G.S. § 143E-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.. Yard
waste.
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42. Solid waste facility.. Any publicly owned solid waste management facility
permitted by the State of North Carolina that receives solid waste for
processing, treatment, or disposal.
43. Solid waste disposal site. Any place at which solid waste is legally
disposed of by any method
44.. Solid waste management. The purposeful, systematic control of the
generation, storage, collection, transport, separation, treatment,
processing, recycling, recovery and disposal of solid waste.
45. 6geeial vuaste. °^,;a ...,-.« .., .,-.~a,~~~~
.., ..a: .,J ,.w°` ce
46. Storage. The containment of solid waste, either on a temporary basis or for
a period of years, in a manner which does not constitute disposal,.
47.. Structure. Any construction, production, or piece of work artificially
built up or composed of parts purposefully joined together.
48. Treatment.. 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..
49. Vehicle. Any means by which someone or something is carried or transported..
5S-,rs,~goe g^^ ~elt~des ~e€-'gerate~s, wages, eda Ee
.~-~mmere€al-~a~ge agg~iaaeee.
51.. 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..
SECTION IX. EFFECTIVE DATE. The effective date of this Ordinance is October 1,
2002,.
IS