HomeMy WebLinkAboutAgenda - 11-01-2000-10a'.~
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 2000
Action Agenda
Item No. ~ ~ _ (,~
SUBJECT:_ Construction and Demolition Waste Regulation for Recycling ___. _„_
DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Gayle Wilson, Solid Waste Management
Director, 968-2885
Blair Pollock, Solid Waste Programs
Manager, 968-2788
Geof Gledhill, County Attorney 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
ATTACHMENT(S):
10/17/00 SW Director Memo
9/27/00 Assistant County Attorney Memo
Draft Ordinance
C&D Task Force Statement of Principles
C&D Task Force Summary of
Recommendations
PURPOSE: To review the proposed ordinance regulating construction,
demolition and other recyclable wastes, consider the proposed timetable for
implementation, and discuss possible resolution of some key issues in managing
construction and demolition waste for recycling.
BACKGROUND: In 1999, the BOCC authorized creation of a C&D waste
recycling task farce. That task force completed its work with a report to the
BOCC presented on August 15, 2000. A key task force recommendation was
passage of an ordinance regulating recyclable C&D Materials. This ordinance
requires staffing, facilities development, and coordination with other departments
and governments within Orange County, as well as the regulated community of
developers and waste haulers.
The draft ordinance attached has potential to regulate both recyclable C&D
materials and other materials with a goal of keeping those materials from being
landfilled and requiring that they be separated for recycling instead. The
proposed ordinance regulates on-site separation, requires submission of
materials management plans for large construction projects, and licensing of
waste haulers to haul the separated regulated materials. Passage of the
ordinance would significantly alter the ways in which construction and demolition
waste is managed in Orange County and has the potential to reduce the amount
of material landfilled if properly implemented and administered.
FINANCIAL IMPACT: Implementation has impact in both the staff required to
properly administer the ordinance and the proposed development by the County
of a materials handling infrastructure to manage the materials proposed to be
regulated for recycling. A report detailing the proposed financial impacts is
scheduled to be delivered later this calendar year.
RECOMMENDATION(S): The Manager recommends that the Board consider
the attached report, ordinance, timetable far action and unresolved key issues
and provide guidance to the staff an next steps for passing the ordinance and
implementing the plan to manage the materials proposed for regulation.
s
Memorandum
To: John Link, County Manager
From: Gayle Wilson, Solid Waste Management Director
Subject: Construction and Demolition Waste Management Implementation Plan
Date: October 17, 2000
This memorandum describes some of the tasks involved in implementing the ordinance
and the program, contains a draft version of the ordinance, proposes a timeline for
implementation of a construction and demolition waste management effort in Orange
County, and delineates some of the key unresolved issues for implementation of the
construction and demolition waste recycling ordinance. The revised draft version of the
ordinance with cover memorandum from the County Attorney is contained as attachment
#1. It was originally submitted to the Board of Orange County Commissioners (BOCC)
on September S, 2000.
Staff requests that the BOCC review the issues raised in the memorandum, the proposed
timetable for the program and the ordinance and provide guidance for implementation.
Background
The unlined construction and demolition (C&D) waste landfilling azea of the Orange
County landfill on the north side of Eubanks Road is estimated to be full in eazly 2002.
No replacement facility or management plan has been developed. The C&D azea of the
landfill has been operating since 1994 accepting only the separated C&D and other dry
materials such as broken furniture, mattresses, etc.
An average of about 31,000 tons of material aze landfilled there annually including an
estimated 16% clean, unpainted, untreated wood, 2% pallets, 2.S% scrap metal, 10%
drywall, and 20% inert debris and stumps.
In autumn 1999, the Board of Orange County Commissioners designated the
development of a Construction and Demolition Waste Recycling Task Force to :assist the
County in development of policies, plans and programs for reduction of waste from
construction and demolition activities in Orange County. The Task Force included
membership from across Orange County including two residential builders, citizens,
elected officials, Habitat for Humanity staff and leadership, iJNC and members of the
future Solid Waste Advisory Board. Commissioner Barry Jacobs chaired the Task Force.
The Guiding Principles for the Task Force aze contained as attachment #2. to this
memorandum.
The Task Force issued its final report to the BOCC August 1S, 2000. There were eleven
recommendations contained as attachment #3 to this memorandum. The first three were:
mandate recycling or reuse of C&D materials through an ordinance, adopt policies and
programs to implement the ordinance, and develop a location at which to conduct C&D
waste management activities.
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Discussion
Ordinance on Regulated Recyclable Waste Materials
Staff has developed a draft ordinance that mandates source-separation of recyclable
materials, licenses haulers of those materials and prohibits burning of solid waste. A
memorandum from the County Attorney and a copy of the ordinance aze attached.
The ordinance (attachment #1) states that those regulated reevclable materials must be
sepazated at the point of generation, which is typically a construction or demolition site.
There aze provisions for licensing haulers and for requiring permits and plans far certain
construction projects. Additionally, when and if loads of C&D waste reach Orange
County's landf 11, they must meet the separation requirements applying to wood, metal,
drywall and other re fated re clable materials. Penalties include revocation of licenses
and civil /criminal remedies.
Construction and Demolition Waste Composition and Potential Diversion Impact on
Waste Reduction Goals
The readily recyclable fraction of unpainted, untreated solid wood, pallets, unpainted
drywall, inert debris and scrap metal, excluding reusable furniture and other goods, is
estimated at 60% of the 31,000 tons landfilled annually or 18,700 tons per year. Without
inert debris, the potentially recyclable fraction is 2$% or 8,600 tons. (NOTE: Inert Debris
estimates average includes shingles in some calculations. If shingles are removed;
estimated at 10% of C&D) then estimate falls from 70% to 60%.) If reliable long-term
markets are developed for roofing shingles and carpeting the potentially recyclable
fraction could rise another 12% to 72% of total waste. (Table 1, next page).
Not all of the recyclable fraction would be easily recoverable. We estimate that in a
mature recycling and waste reduction program, about 90% of the readily recyclable
fraction could be recovered or 7,800 tons, without inert debris. (Four yeazs after
implementing the landfill ban on non-residential recyclable corrugated cazdboazd, over
95% of that corrugated cazdboazd is now removed from the MSW waste stream
according to the most recent waste sort data) According to the State of North Carolina
that potentially recyclable fraction represents $ percent of the 97,299 tans of total waste
recorded as having been disposed from Orange County in 199$-99. If this additional
7,800 tons of recyclable waste, had been recycled or otherwise diverted from landfilling
during that year, Orange County's measured waste reduction percentage would have
increased to 40% from 34% when compared to the base yeaz of 1991-92. Our goal far
2001 is 45% waste reduction per capita.
a
Table 1
C&D Waste Composition
Year of Sort 1990 1995 1996 2000 Avera e
SCS SCS Staff Staff of av 's
INERTS 45.1 38.2 46.1 41.1 42.6
Rock 1.6 15.7 n/a n/a
Dirt/ Stum s 6.1 10.5 10.7 20.7
Concrete/ Brick/ Block 0.8 7.3 34,7 11.4
As halt/ Shin les* 20.7 4.7 12.8 9.0
Other Inert 15.9 n/a n/a n/a
WOOD 29.$ 42.2 22.7 29.0 30.9
Solid, Unpainted,
Untreated Lumber 15.3 22.4 13.6 12.4
En ineered Wood in lumber in lumber in lumber 8.8
Painted/ Treated 10.8 11.1 6.4 5.0
Yard Waste 0.5 8.3 0.5 ~1
Pallets 3.2 0.4 2.2 2.8
METAL 1.9 0.2 S.4 2.1 2.4
DRYWALL 18.1 $.1 8.4 6.2 10.2
OTHER 5.1 113 17.4 21.5 13.8
Furniture n/a n/a n/a 3.3
C et n/a n/a 0,2 1.6
Electronics n/a n/a n/a 3.4
Plastic 1.0 0.4 0.3 n/a
Pa er 1.0 0.4 0.8 n/a
Miscellaneous n/a 3.9 4.1 13.2
* shingles estimated at 10% of waste stream
Key Unresolved Issues in Development of the Ordinance
Certain key issues that must be addressed in the development of a workable ordinance
have not been finalized. Without resolution, the ordinance is vague and difficult to
enforce. Those include:
A. Demolitio wastes:
It is much more difficult and therefore mare costly to extract recyclable wood and metal
and other re ated re clable materials from demolition work than new construction.
The cost of deconstruction, in order to retrieve recyclable wood, metal and other
recoverable materials is typically greater than the cast of demolition. This problem can
be addressed in several ways in the regulations:
1. Continue to require complete sepazation and not be concerned about the
additional costs to the project of deconstruction or other means of
separating the regulated materials. One assumption here is that this will
stimulate the development of a deconstruction industry. This would help
. the savings from deconstruction, in avoidance of tipping fees plus
potential revenue from the sale of salvaged materials, outweigh the costs.
2. Exempt demolition waste from separation requirements.
3. Set a size threshold for the project so that demolition of projects of say
less than 1,000 squaze feet would be exempt from the source-separation
requirement. Those greater than threshold would not be exempt.
4. Raise the tolerance limits for allowance of re lated rec cla le materials
mixed with the demolition wastes from a minimal amount to some
reasonable percent of the total waste. E.g. no more than 10% clean,, solid
sawn wood and no more than 2% metals or other regulated recyclable
materials.
5. Grant permits for deconstruction immediately and reserve the demolition
permits for 180 days or even up to one year as an incentive to deconstruct:
In addition, allow some higher'tolerance for those projects in which it is
difficult to separate recyclable materials such as wood with significant
amounts of old plaster on it or metals that are tied to flooring or other
non-metal structural members.
The table below summarizes these options for managing regulated recyclable materials
from demolition wastes.
Table 2
Options for Regulating Demolition Wastes
Option Advantages Disadvantages
1.Require complete separation May "force" development of Creates more expense for builder.
of re dated rec clable deconst expertise as a response.
materials as with new No judgment calls about what is
construction. ~ demo v. remodeling, renovation,
etc.
2. Exempt demo waste from Creates a "compromise" Ensures more waste, creates animosity
Separation Requirements atmosphere b/w the regulators and b/w new coast. and demo. Reduces the
those re lated. ush for reuse/deconst.
3 and 4. Exempt small demo Reasonable approaches under Difficult to set size or tolerance thresh
projects from separation which costs are reduced where and requires constant re-evaluation,
requirements or set higher project cannot bear them. creates potential "loopholes". DifficuY
tolerance levels for enforce.
separation from demo
ro~ects than new coast.
5. Grant deconst. permits Potentially encourages deconst. Causes artificial delay in projects with
early, delay for demo because of tune advantage to creating any advantage. Builders will
permits builder wait it out then charge more due to lo:
time.
B. se of C&D rec clip facilities outside the Oran e Coun Land tll.
Mixed construction waste recycling facilities aze being developed in our region. Waste
Industries, Inc. is developing one at their permitted Land Clearing and Inert Debris
(LCID) facility in Durham where they will be able to remove recyclable wood wastes and
other materials from what is delivered before they landfill the inert fraction. DH Griffin
Wrecking is developing a mixed C&D waste separation facility in Raleigh that will likely
be operational by the end of this calendar year.
If a contractor is using Waste Industries or other owner of a C&D recycling facility as its
hauler and/or states that they aze hauling materials to a licensed recycling facility such as
DH Griffin or Waste Industries, and that facility can demonstrate it is meeting a level of
recycling and waste removal equal to that which would occur from compliance with the
County's source separation-ordinance, then hauling ofmixed materials to those type
facilities could be permitted. A question then arises if a contractor states he is going to
use an out-of--county mixed C&D waste recycling facility, must the permitted facility
have exactly the same rules and list of recycled materials as Orange County or would an
equivalent be sufficient if the facility could demonstrate that it met the same level of
diversion and recycling as Orange County? Acceptance by Orange County of use of out-
of-county recycling facilities that do not recycle the same materials as in Orange County
as an alternative in the ordinance, would require inspection and/or certification of those
facilities by Orange County, acceptance of the certification of such facilities by another
party such as the State of North Carolina, the County in which the facility is located, or
certification by an independent auditor.
It should be noted that GS 130A-309.09D requires "...the owner or operator of a privately
owned or operated municipal solid waste management facility shall not knowingly
dispose of any type or farm of municipal solid waste that is generated within the
boundaries of a unit of local government that by ordinance:
(1) Prohibits generators or collectors of municipal solid waste from disposing of
that type or form of municipal solid waste.
(2) Requires generators or collectors of municipal solid waste to recycle that type
or form of municipal solid waste."
In the table below aze two options for requiring or not requiring source-sepazation before
transporting regulated recyclable materials to out-of--county recycling facilities.
Table 3
Use of Out-of-County C&D Recycling Facilities:
Option
Advantages
Disadvantages
1. Require complete separation No judgment calls about whether
of regulated re clable other facilities are meeting Orange
materials before removal from Co. waste ordinance standards if
Orange County, regardless of source sep. and hauling still
May inhibit development of alternative
facilities that can readily meet the sarn
percentage as Orange Co. but recyclint
different mix of materials
2. Exempt from Creates a "compromise" Creates need for ongoing certification
separation requirements those atmosphere b/w the regulators and re-inspections of remote facilities, Cre
generators and haulers who can those regulated. Encourages contradiction between those who mus~
"prove" they are using a alternatives and innovation to recycle a prescribed set of materials it
recycling separation facility meet the recycling/waste Orange Ca. and those who say they ar
somewhere else. diversion standard going to recycle different materials
elsewhere but the same amount or mo
as Oran ere uires.
C. Coordination with other local governments in Orange ,Count and UNC
The majority of construction and therefore waste generation is taking place within the
corporate limits or extraterritorial jurisdictions of the Towns in Orange County -
Carrboro, Chapel Hill or Hillsborough. If the Towns agree to pass the materials
sepazation ordinance, effective enforcement of the ordinance will require cooperation of
the Building Inspection Departments and Plannixig Departments of each jurisdiction.
Those departments will rieed to inform the County Solid Waste Management Department
when developers aze applying for zoning compliance permits, special use permits,
demolition permits or building permits that could trigger the requirements for
development of a solid waste management plan or solid waste management permit. They
may even distribute the appropriate forms for completing the solid waste plan
requirements. The involvement of these Departments should be made explicit as the
County discusses with the Towns adoption of the ordinance requiring sepazation of
regulated recyclable materials.
Building Inspections Departments in each jurisdiction may also be asked to assist the
Solid Waste Management Department in determining if there is proper separation of
materials on sites they aze inspecting for compliance with building codes. Building
Inspections Departments may also be requested to delay issuance of permits when an
approved construction and demolition materials management plan and/or permit has not
been filed.
The BOCC may wish to determine the sequence of implementation of the ordinance.
There aze at least three options. The second one is assumed in the timeline proposed at
the end of this report.
1. BOCC passes the ordinance and applies it first to construction and demolition activity
in the unincorporated areas of the County, using that period to fine-tune ordinance
and operations before asking.municipalities (and UNC?) to adopt it.
2. Pass the ordinance and apply it first to unincorporated areas but immediately after
passage take it to the municipalities (and UNC?) for their approval.
3. Finalize the ordinance and bring it to the municipalities (and CJNC?) for their
concurrent approval with the County approval. prior to implementation and
enforcement.
The University of North Carolina is a unique case. While often complying with local
zoning and development ordinances, UNC is generally regulated directly by State statute.
For example, State Building Inspectors rather than local inspectors are responsible for
inspection of construction on campus. UNC is in the process of making some policy and
specification decisions that would require its contractors to recycle. Orange County
attorney's office is evaluating the degree to which local requirements for sepazating and
hauling separated materials can be applied to UNC projects. As a major waste generator
in Orange County, UNC should be involved in all discussion regazding the ordinance and
its potential effect on their operations and contracts.
The enforcement of the source separation and hauling parts of the ordinance will be the
most difficult. At some construction projects, there may be a variety of attempts to avoid
compliance with the ordinance by on-site contamination, taking materials out of county
without proper permitting, etc.. Once at the landfill, all haulers, public and private, aze
subject to regulations established to manage materials. Thus it is relatively simple to
enforce the portion of the ordinance regulating material sepazation at the landfill. The
Solid Waste Management Department may need assistance from other County and Town
departments to effectively regulate on-site sepazation and haulers.
D. Education and Involvement of the Potentially Regulated Development and
Waste Haulin o uni
The ordinance being considered will have a significant impact on the nature of
construction materials management in Orange County. The staff strongly believes that
the early and thorough involvement of builders, designers, and developers of all types
and scales of projects, as well as waste haulers, will result in development of a workable
ordinance that has their support and understanding. To that end, staff is developing a
procedure and approach to creating significant interaction between itself and members of
this potentially regulated community to discuss the proposed ordinance prior to its
adoption to develop practical, enforceable approaches to meeting the ordinance
requirements.
E. Licensing Haulers
The licensing arrangement could be applied in several ways including
licensing of each hauler under one omnibus permit,
licensing each vehicle owned by a hauler/operator, license each container or
licensing each hauler based on the number of vehicles and/or containers.
The draft ordinance now has the structure of licensing each hauler based on the number
of vehicles and conveyances (such as trailers) that will operate in Orange County.
Although this approach is slightly more onerous to enforce than an omnibus license for
each business, it is more equitable and further ensures rigorous enforcement of County
regulations, leaving less to judgment when determining if a hauler is licensed properly to
operate in Orange County. Each vehicle, and possibly container, owned by that hauler
would have a special license decaUmazker/etc. indicating to the landfill scale house
weighmasters and to Solid Waste Field inspectors that the vehicle is licensed to haul
either re fated re clable materials or other wastes in Orange County. Those licenses
would be renewed annually and subject to revocation if hauling regulations are not
followed.
F. Develo meat of Facilities Staffin and S ace Needs
10
The Solid Waste Staff is developing a schedule of facilities needs; staffing, space needs
and cost estimates for implementing the ordinance that will be more fully presented in an
upcoming report as detailed in the timeline and following additional BOCC guidance.
One of the early tasks proposed is to authorize and hire a recycling education and
outreach specialist dedicated to development of this C&D materials recycling regulation.
Once the preliminary education work is done, the nature of the position may change to
become more enforcement-oriented vis-a-vis education oriented.
~Enforcing~egulations on Regulated Recyclable Materials in the non-C&D
waste stream
At this point, the ordinance, while broadly written, is intended to apply to regulation of
recyclable C&D wastes in order to reduce the landfilling or other disposal of wastes in a
C&D landfill and increase their recycling. However, there are many instances where the
regulated recyclable materials can be found in the waste to be disposed with MSW. This
is especially true for scrap metal and small amounts of unpainted, untreated solid wood.
There will be some very small amount of unpainted untreated dry wall but this is
insignificant. The most recent waste sort of the MSW waste stream conducted in fall
1999 and spring 2000 showed the following wood, scrap metal and dry wall disposed
with MSW:
Table 4
rercenza es or r e u~aaea re aani e mareraaas ~n vra n a ~.oun ivies w
Material Residential Multi-Family Commercial Total est. tons of
24,000 total 6,000 total 30,000 total regulated recyclable
tons/ r. tons/ r. tons/ r. materials
Clean lumber 1.5% 1.5% 2.4% 1,170
and allets
Scrap Metal (not 1.7% 2.2% 2% 1,140
incl.cans
wall N/a N/a N/a N/a
Total 3.2% (770 tons) 3.7% (220 tons) 4.4% (1,320 2,310 (^-4% ofMSV1~
tons
The question is "Should regulated recyclable materials be prohibited from disposal when
they are mixed with MSW?" The obvious answer is "yes", they aze regulated recyclable
materials no matter where they are disposed. The education and enforcement effort to
encompass the MSW waste stream would be significant and there are now very limited
opportunities for the general public to dispose properly of the regulated recyclable
materials that might be incidentally included in the their residential or commercial waste.
For example, the old, bent bicycle wheel might be disposed by a resident with his regular
trash, but the load of trash might then be rejected by the hauler who would be subject to
losing his hauling license or financial penalties if the metal were in his load. This scrap
metal is not readily accepted in the recycling drop off centers, or curbside containers.
10
11
Those programs designate metal food and beverage cans as the only types of metal for
recycling. Likewise clean wood waste that might show up in small amounts in the MSW
waste has no convenient alternative outlet.
The only place to dispose of residentially generated scrap metal or clean wood from
residential waste is the six solid waste convenience centers or the landfill. The landfill is
the only outlet for small amounts ofnon-residentially generated scrap metal or wood
waste under the current system. Non-residential waste generators are prohibited from
using the convenience centers. Thus either the regulation must be limited at this time to
only C&D wastes, a broader recycling collection system must be created for wood and
scrap metal frorti the MSW waste stream or non-residential waste generators must be
allowed to deposit related recyclable materials (such as metal and clean wood) at the
convenience centers.
There aze at least three options for managing regulated reeyclable materials, in the MSW
waste stream.
Table 5
Options for Managing Regulated Recyclable Materials in MSW Waste Stream
Option Advantages Disadvantages
1. Regulate the regulated Equal enforcement and equal Large and difficult enforcement and
Re clable materials found in responsibility, probably most education burden (especially `upstream'
MSW the same as in C&D. lawful strategy. of landfill), not now anticipated in
planning program. Limited outlets for
re lated re clable materials from
residential and commercial sectors
2.Ignore r~dated re .clable Much simpler implementation Potentially discriminatory, may not be
materials in MSW waste and enforcement program if fully lawful unless we regulate only the
stream dealing with only the large C&D azea and only those hauling
amounts of concentrated primarily what we define as regulated
materials in C&D. recyclable materials
Questionable even then. Cardboard
becomes a "special case" because it is
already successfully regulated in both
C&D and MSW waste streams.
3. Phase in regulation of Addresses the problem with May still be seen as discriminatory.
materials in MSW waste along-term strategy Still very difficult to enforce on
enerators and haulers.
3a. Exempt residential Pazallels exemption on Perception of "unfair" treatment of
waste from regulation landfilling residential one sector of the economy. Provides
corrugated cardboard. potential to shift regulatedreevclable
Limits enforcement and materials to residential waste
education burden disposal.
significantly with limited
reduction in diversion and
rec clin efforts.
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Proposed Timetable for C&D Materials Management Implementation
12
Development and implementation of the ordinance, programs and policies to manage
regulated, recyclable materials is a complex, multifaceted task. Below staff proposes a
timeline which we believe will address most, of the issues we have raised above and give
the County, the municipalities and the development community ample time and training
to effectively implement an ordinance that will achieve the goal of diverting recyclable
C&D materials generated in Orange County from landfilling.
October 12, 2000 Discussion of Ordinance by Solid Waste Advisory Board
October 17, 2000: BOCC reviews draft ordinance, resolves outstanding issues
highlighted in this memo related to the ordinance. Facilities location, staffing, equipment
and costs to be discussed in future report.
October 23, 2000 Revised ordinance submitted to municipalities, developers,
haulers, UNC, etc. for review and comment. Staff available to discuss
November 21, 2000 BOCC meeting, Public Hearing. Additional discussion by BOCC,
could adopt at this meeting.
December 4, 2000: BOCC meeting, Adopt ordinance if not already adopted. Conduct
second reading if necessary. Report on staffing, facilities, equipment and costs presented.
Confirm location and type of facilities and operations to be conducted. Location and type
of facilities and operations will determine need for any additional permitting required by
County.
January 18, 2,001: BOCC conducts second reading of ordinance if necessary and adopts
(if not already adopted). Further discussion ofbudget, siting, staffing facilities and
equipment of Dec. 4 implications of staff proposal Authorize new position of C&D
(recycling) education specialist.
February b, 2001: Finalize C&D education and enforcement position duties and adopt
personnel ordinance amendment to add position and budget amendment to fund position.
Receive authorization to initiate necessary Town or County permitting fox facilities.
Receive authorization to prepare, detailed specifications and design of facilities and
equipment.
February 2001: Recruit new education and enforcement position. Planning,
engineering and detailed design begin for facilities. Prepare administrative policies,
procedures and forms for ordinance. Approve and send letter from BOCC to
municipalities and LTNC urging adoption of ordinance. As necessary and requested,
present and discuss ordinance with municipalities, UNC and request adoption.
March 2001: First BOCC meeting: Adopt C&D recycling operations plan and budget.
Amend budget to fund construction, equipment, design, advertising, education
specialist's vehicle, permitting.
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13
Municipalities and ZINC adopt ordinance and allow Orange County to enforce. (As
with erosion and sediment control ordinance in municipalities). Seven month "grace"
period begins for separation of regulated recvclable materials at landfill and on regulated
construction and demolition sites in whichever jurisdictions have passed the ordinance.
Engineering.and detailed design completed. Bids prepared for any equipment and
facilities necessary.
Apri12001: Continue refining administrative policies, procedures and forms. Initiate
formal training and education on the ordinance for haulers and contractors
BOCC ~ adopt personnel ordinance amendment adding additional staff if required.
Present FY 2001-02 budget for recycling assuming full implementation of C&D
programs on September 1, 2001.
May 2001: Complete administrative policies and procedures, forms, etc. Inspect out-of-
county recycling facilities for certification (should County decide to allow this). Bid
facility construction, if permitting complete. Bid equipment .Continue education and
training.
June 2001: BOCC awazd construction bid and equipment bids. Continue training and
education.
July 2001: Implement licensing of haulers. Continue training and education. Finalize
coordination with municipalities and LTNC.
August 2001: Complete initial licensing of haulers and certification ofout-of-county
recycling facilities (if allowed). Complete facilities construction and install equipment.
September 2001: "Grace" period ends. Enforcement begins and facilities begin
operation, if construction complete. Licensing and permits required for building,
demolition and hauling.
March 2002: Assessment report to SWAB and BOCC of ordinance.
Conclusions
Staff recommends that the BOCC review the issues and questions raised in this
memorandum regazding how it wishes to handle the following:
• A. regulation of demolition wastes,
• B. use ofout-of-county recycling facilities, .
• C. coordination with other governments in Orange County and UNC, sequencing
of consideration of the ordinance with the municipalities,
• D. education of potentially regulated community,
• E. licensing of haulers,
• F. development of facility and staffing needs,
• G. enforcement of ordinance on MSW waste stream
and
• H. the suggested timetable for implementation.
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Memorandum
To: Orange County Board of Commissioners
From: Harmony Whalen, Coleman Gledhill & Hargrave, P.C.
Subject: Ordinance Regulating Recyclable Waste Materials And Licensing The
Collection Of S61id Waste In Orange County
Date: September 27, 2,000
On August 15, 2000 the Construction and Demolition Waste Recycling Task Force
submitted its Final Report to the Boazd of Orange County Commissioners. As part of
this report the Task Force formulated eleven recommendations designed to provide a
framework for dealing with recyclable wastes within Orange County, both now and in the
future. Recommendation # 1 of the Final Report was that the County adopt a regulatory
ordinance requiring sepazation of at least metal, clean wood and drywall from
construction for recycling or reuse. in Orange County. It is in response to this
Recommendation that the following Ordinance was prepared.
In summary, the ordinance does the following:
^ Defines regulated recyclable material as recyclable construction and demolition
material (clean wood, metals, concrete and other inert debris, and unpainted drywall),
yard waste,, coma.gated cardboard, and non-reusable wood waste. Materials can be
added as facilities far their recycling become available.
^ Requires the recycling of all regulated recyclable material generated in Orange
County. This prevents materials generated in Orange County from becoming part of
the waste stream in neighboring counties.
^ It prohibits the disposal of regulated recyclable material through open burning. This
prohibition includes the burning of leaves, brush, and other debris on private property
by private individuals, because those materials aze covered under the definition of
"recyclable waste."
^ Prohibits contamination of regulated recyclable material to avoid the recycling
requirements.
^ It provides for the licensing and monitoring of collectors of regulated recyclable
material. Violations of the ordinance can result in the loss of the right to collect
recyclable waste.
^ Requires that anyone receiving a building permit and/or zoning compliance permit
obtain a regulated recyclable material management permit (RRMM permit) prior to
commencing any construction, demolition, land clearing or other preparatory activity.
The RRMP permit will put individuals on notice of the ordinance and its
requirements.
^ Persons receiving a building permit undertaking projects that have a total value of
greater than $50,000 must, in addition to obtaining a RRMP permit, obtain. a
regulated recyclable material management plan (RRMP plan) detailing how
recyclable waste will be generated, disposed of and recycled. Persons receiving a
zoning compliance permit and undertaking a project with a total value of greater than
1d
$50,000 may, in the discretion of the Solid Waste Management Department, be
xequired to submit an additional RRMP plan.
Provides fox criminal and civil penalties and fines for violations of the ordinance.
15
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Attachment 1 -. __- _
AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE
COLLECTION REGULATED RECYCLABLE MATERIAL ORANGE COUNTY
SECTION I. FINDINGS. Orange County, North Carolina does hereby find that:
Orange County has heretofore adopted ordinances governing the storage, transportation,
and recycling of solid waste within the unincorporated sections of County; and
Orange County owns and operates solid waste management facilities as a public
enterprise to protect the citizens of Orange County and the environmental health both within the
unincorporated areas of the County and within the municipalities in Orange County; and
Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane have heretofore
adopted and followed separate ordinances for the regulation of solid wastes within their
respective jurisdictions; and
Siting and permitting of construction and demolition and sanitary landfills has ,become .
increasingly difficult; the disposal of solid waste and construction and demolition waste has
become increasingly more expensive; and construction and demolition waste continues to be
disposed of through open burning, adding to the increasing air pollution problem within the
County; and
Units of local government are charged by the legislature in N.C.G.S. § 130A-309.09A(b)
to make a good faith effort to achieve the State's forty percent (40%) municipal solid waste
reduction goal by the year 2006; and
Orange County has committed itself to include recycling recyclable materials, including
construction and demolition waste as part of its own solid waste reduction goal of 61% by the
year 2006; and
Construction and demolition waste materials constitute approximately one-third (1/3) of
the overall solid waste stream delivered to the Orange Regional Landfill, at least fifteen percent
(15%) of which is readily recoverable for purposes of recycling, secondary-market salvage, or re-
integration into existing or subsequent projects; and
Orange County fords that it has the legal authority under state law, including but not
limited to N.C.G.S. § 153A-136, § 153A-449, and § 130A-309.09B, to enact reasonable police
power regulations with respect to the disposal of solid waste including recyclable material, land-
clearing debris that is not sold as timber or chipped for use onsite or sale, and to provide
reasonable penalties and other provisions for the enforcement thereof,
NOW THEREFORE be it ordained by Orange County as follows:
SECTION II. PURPOSE AND APPLICATION.
The purpose of this ordinance is to regulate the storage, collection, transportation, use,
disposal and other disposition of regulated recyclable material in Orange County. This ordinance
is adopted pursuant to the authority contained in N.C.G.S. § 153A-121-132.1, -136, -274 through
-278, and -291 through -293, arid --130A-309.09, -309.09A, -309.09B, and -309.09D. Unless
otherwise indicated, this ordinance pertains to all solid waste activity in Orange County.
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17
SECTION III. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL.
1. Regulated recyclable material includes recyclable construction and demolition material, yard
waste, corrugated cardboard, non-reusable wood waste, and other materials as may be
designated as such by amendments to this ordinance.'
2. All regulated recyclable material generated in Orange County shall be recycled. It is a
violation of this ordinance for any person to dispose of regulated recyclable material except
as permitted in this ordinance.
3. Regulated recyclable material shall be sorted and disposed of through (1) delivery to a
recyclable waste center, (2) delivery to a licensed collector of regulated recyclable material,
(3) reuse, (4) sale or (5) other means that allow for the recycling of the material.
4. No person shall discazd, 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. Any person collecting or transporting regulated recyclable material for purposes of disposal
at an approved disposal site must do so in a manner that prevents this material from escaping
that vehicle or container used for the collecting or transporting.
6. No person may dispose of solid waste through open burning in Orange County.
7. No person may contaminate regulated recyclable materials so as to make them unrecyclable.
SECTION IV. LICENSING COLLECTORS OF REGULATED RECYCLABLE
MATERIAL.
1. Any person collecting or otherwise hauling regulated recyclable material within the County
in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater must
obtain a regulated recyclable material collection license for each vehicle used by that person
from the County.
A. Collecting or otherwise hauling regulated recyclable material within the County in
any vehicle with a gross vehicle weight of rune thousand (9000) pounds or greater
without a valid license constitutes a violation of this ordinance.
B. Repeated violations may result in license suspension or revocat7on as provided in this
ordinance.
2. Any person collecting or otherwise hauling regulated recyclable material within the County
in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater is
' dditional materials ~ be added to the list of regulated recyclable materials, includine but not 'ted
to: aluminum, drink boxes, haft paper, glass bottles and jars, magazines, fen-ous and nonfeaous scrap
metals other than recyclable construction and demolition material, used motor oil, newspaper, otlice paper,
scrap paper, plasric bottles including milk jugs, soda bottles, steel and tin cans, telephone directories, clean
wood rubble other than recyclable construction and demolition material, food waste when exclusively
source-separated for composting.
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18
prohibited from transporting or accepting for transport any regulated recyclable material
that has not been separated for purposes of recycling, or which contain regulated recyclable
material commingled with non-recyclable waste or solid waste, nor shall such person
transport or accept for transport any regulated recyclable material far purposes of disposal as
solid waste or treatment in a manner inconsistent with this ordinance.
A: Placement of properly prepared regulated recyclable material which has been
separated and set out for recycling, into any solid waste container, including the solid
waste compartment of a collection vehicle, for any length of time, shall constitute a
violation of this ordinance.
B. Repeated violations may result in license suspension or revocation as provided for in
this ordinance.
3. Applications for licenses to engage in the business of regulated recyclable material collection
shall be filed with the Department on forms furnished by Orange County. All applications
must be accompanied by a processing fee of $25.00 for each vehicle that will collect
regulated recyclable material. The applicant shall furnish the following information:
A. Name and address of the applicant and the applicant's business name;
B. A list of the equipment possessed, available, or to be obtained by the applicant for
use in regulated recyclable material collection, including motor vehicle license tag
nurx~bers;
C. Number of employees the applicant expects to use in the business;
D. Experience of the applicant in regulated recyclable material collection;
E. Planned routes and areas of the County the applicant expects to serve, where
requested by Solid Waste Management Department Staff;
F. Liability insurance coverage, ,proved by a certificate of insurance showing coverage
in effect at the time of application;
G. Name and location of facility where collected regulated recyclable materials are to be
delivered.
4. Before issuing a license pursuant to this section, the Department may inspect or cause to be
inspected all facilities and equipment the applicant plans to use in the regulated recyclable
material collection business.
S. Issuance of license.
A. The Department may issue the applicant a regulated recyclable material collection
license only when it is found that the applicant's facilities, equipment, insurance
coverage and proposed operating methods are in compliance with this ordinance and
the applicable rules of the Department and that the applicant will perform regulated
recyclable material collection and disposal in a manner consistent with this
ordinance. A condition of the license shall be that the licensee shall serve every
person in such a manner that the licensee does not cause the person served to be in
violation of this ordinance.
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B. If the Solid Waste Management Department denies an applicant a license, the
applicant may request a hearing with the Department Director. The Department
Director shall keep summary minutes of the hearing and within one week after the
hearing shall give the applicant written notice of the decision either granting the
license or affirming the denial of the license. The applicant may appeal the
Department Director's decision to the Board by giving written notice of appeal to the
County Manager within five (5) working days of receipt of the Solid .Waste
Management Department Director's decision following the hearing. After a hearing
on the appeal, the Board may affirm the denial, direct the Department to issue the
license, or remand the application to the Department Director for . a further
determination consistent with the remand order.
C. A license shall be valid for a period of one year from the date of issuance
6. A licensee shall submit an annual report to the Solid Waste Management Department
containing the following information:
A. New and replacement equipment;
B. Identity of all equipment no-longer in use by licensee that was listed in original
application for license;
C. Total amount of regulated recyclable material collected by type and amount; and
D. The locations to which the regulated recyclable material was delivered.
7. Vehicles and containers used in the collection and transportation of regulated recyclable
material shall be covered, leakproof, durable, and easily cleaned. They shall be cleaned as
often as necessary to prevent a nuisance and insect breeding and shall be maintained in good
repair. Vehicles shall display in numbers at least three (3) inches high the county license
number of the licensee and the license sticker issued by the Solid Waste Management
Department.
$. No license issued pursuant to this ordinance is assignable.
SECTION V. PERMITS AND PLANS FOR THE-MANAGEMENT OF
REGULATED RECYCLABLE MATERIALS.
Any person receiving a building permit and/or a zoning compliance permit from any unit of
local government in Orange County authorized to issue such permits, shall, within five days
thereof and before construction, demolition, land clearing or other preparatory activity
commences, make application to the Solid Waste Management Department for a regulated
recyclable material management permit (RRMP permit) for the management of regulated
recyclable material.
2. Any person undertaking a project within the County that requires a building permit and has a
total value of greater than $50,000 or involves the demolition or deconstruction, construction
or remodeling of a project of greater than 500 square feet as determined by the Inspection
Department issuing the permit must also submit a regulated recyclable material management
plan (RRMM plan) to the Solid Waste Management Department. The regulated recyclable
material management plan shall be submitted with the regulated recyclable material
management permit application. Any person undertaking a project within the County that
requires a zoning compliance permit has a total value of greater than $50,000 or involves the
demolition or deconstruction, construction or remodeling of a project of greater than S00
19
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20
square feet as determined by the Inspection Department issuing the permit may also, where
determined necessary by the Department, be required to submit a RRMP plan at the zoning
compliance permitting stage.
3. The RRMP plan shall provide estimates of the amount and types of solid waste to be
generated by the project, the amount and types of regulated recyclable material to be
generated by the project, and the methods to be employed for disposal of the solid and
regulated recyclable material generated by the project.
4. An application for a RRMP permit requiring a RRMP plan shall be submitted on forms
provided by the Department. The RRMP plan shall be accompanied by a $25 processing fee.
5 . A RRMP permit not requiring a RRMP plan shall be issued by the Department upon receipt
by the Department of a completed and verified application.
d. The Department will review and, within ten'(10) days, make a decision on the RRMP plan.
The applicant will then be notified of the Department's decision within two (2) working days.
A. If the RRMP plan meets the requirerrlents of this ordinance, a RRMP permit will be
issued to the applicant. The RRMP permit is good for one year from the date of
issuance unless permission obtained from the Solid Waste Management Department
prior to expiration of the RRMP permit. The RRMP permit is nontransferable, ,and
applies only to the project for which the application was made. The use of a RRMP
permit, other than as allowed in the ordinance, will constitute a violation of this
ordinance.
B. If the RRMP plan does not meet the requirements of the ordinance, the Department
will notify the applicant in writing within two (2) working days of its decision. This
notification will state the reasons that the application was denied. If the Department
denies an applicant a permit, the applicant may request a hearing with the Director.
The Director shall keep summary minutes of the hearing and within one week after
the hearing shall give the applicant written notice of the decision either granting the
permit or affirming the denial of the permit. The notice shall provide reasons for
denial if the Director sustains the Department's denial. The Solid Waste
Management Department shall prescribe the permissible methods of disposal of
recyclable solid waste.
C. A permit shall be valid for a period of one year from the date of issuance.
SECTION VI: ENFORCEMENT. The following penalties shall pertain to violations of this
ordinance:
1. Revocation of regulated recyclable material collection licensees.
A. When the Solid Waste Management Department finds that a licensee has violated. this
ordinance or the conditions of the license, the licensee shall receive written notice of
the violation and be informed that if another violation occurs within thirty (30)
working days, or in the case of a continuing violation if it is not corrected within ten
(10) working days, ,the license shall be revoked through written notice from the
Department. Upon receipt of the revocation, the licensee shall stop collecting,
transporting, or disposing of regulated recyclable material in Orange County.
B. The Solid Waste Management Department may reinstate a revoked license after the
revocation has been in effect for thirty (30) working days if the Solid Waste
20
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Management Department finds that the conditions causing the violation have been
corrected.
21
C. A licensee whose license has been revoked may appeal the revocation to the Board
by giving written notice of the appeal to the Solid Waste Management Department
within ten (10) working days of receiving notice of revocation from the Solid Waste
Management Department. After a hearing on the appeal, the Board shall either
affirm the revocation or direct the Solid Waste Management Department to reinstate
the license.
D. A total of five (5) instances of violation of this ordinance within a single year shall
result'in revocation of a collection license for a period of one yeaz. The holder of a
revoked regulated recyclable material collection license may reapply after one year of
the date of revocation for a new license. Any person whose license was previously
revoked and who subsequently received a new license will have that license revoked
upon the receipt by that person of a single additional violation.
2. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor
punishable by a fine not to exceed five hundred ($500) dollazs or imprisonment for not more
than thirty (30) days, or both. Each day's continuing violation is a separate and distinct
offense. Each violation is a separate and distinct offense.
3. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a
civil penalty of not to exceed five hundred ($500) dollars as provided in N.C.G.S. § 153A-
123. Each violation incident is a separate and distinct offense.
4. Remedies. This ordinance may be enforced by equitable remedies. Any unlawful condition
existing or in violation of this ordinance may be enforced by injunction and order of
abatement in accordance with N.C.G.S. § 153A-123.
5. In addition to and independent of any criminal penalties and other sanctions provided in this
ordinance, a violation of this ordinance may also subject the offender to the civil penalties
hereinafter set forth.
A. The Solid Waste Management Director may issue to any person known to have
violated the provisions of this ordinance, a citation giving notice of the alleged
violation(s) and the civil penalty imposed. Citations so issued may be delivered in
person or mailed by first class mail to the person chazged if that person cannot readily
be found. The following civil penalties shall be assessed for each violation of this
ordinance:
(1) Failure to obtain a regulated recyclable material collection license
(2) Failure to recycle regulated recyclable material as defined in this ordinance:
Number of Prior Amount
Violations
0 $50
1 $100
2 $200
3 $400
4 or more $500
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SECTION VII. DEFINITIONS.
For the purposes of this Ordinance, the following definitions shall apply:
1. Animal litter. The term "animal litter" shall mean droppings from cats, dogs, birds, or other
animals and material used in pens, cages, or animal boxes.
2. Ashes. The term "ashes" shall mean refuse resulting from the burning of wood, coal, cork or
other combustible material which has no live embers.
3. Board. The term "Board" shall refer to the Board of Commissioners of Orange County.
4. Bulk material. The term "bulk container" shall mean a tightly constructed metal, plastic or
other material container of two (2) cubic yards or greater capacity and of a design approved
by the County manager as being capable of being emptied by equipment.
5. Clean wood waste. The term "Clean wood waste" means wood waste from construction and
demolition activity that is not treated, free of paint, and free of glues and adhesives.
b. Coddection. The term "collection" means the act of removing solid waste (including
construction and demolition waste, land-clearing debris or recyclable materials) from a point
of generation to a central storage point or to a disposal site, and from a central storage paint
processing center to a disposal site.
7. Construction and demolition waste. The term "construction and demolition waste" shall
mean solid waste resulting generally from construction, remodeling, repair, or demolition
operations on pavement, buildings, or other structures.
$. Corrugated cardboard. The term "corrugated cardboard" means three-layered cardboard
material with a middle; wavy layer. Nonrecyclable cardboard, such as ,waxed boxes,
cardboard adhered to packing material (such as Styrofoam or wooden or plastic supports) and
cardboard saturated with motor oil or foodstuffs in its normal use before disposal are
excluded from this definition.
9. Department. The term "Department" means the Solid Waste Management Department.
10. Department Director. The term "Department Director" means the Director of the Solid
Waste Management Department.
11. Disposal. The term "disposal" means the discharge, deposit, injection, dumping, spilling,
leaking or placing of any solid waste into or on any land or water so that the solid waste or
any constituent part of the solid waste may enter the environment or by emitted into the air or
discharged into any waters, including groundwaters.
12. Food waste. The term "food waste" means food that has been prepared for human
consumption and was not served or otherwise used for food.
13. Garbage. The word "garbage" means .all putrescible wastes, including animal offal and
,carcasses, and recognizable industrial by-products, but excluding sewage and human wastes.
14. Hazardous waste. The term "hazardous waste" means a solid waste, or combination of solid
wastes, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may (1) cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial
present or potential hazard to human health or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
15. Industrial solid waste. The term "industrial solid waste" shall mean all waste generated from
factories, processing plants and other manufacturing enterprises that is not hazardous waste as
defined in this section. Such waste may include, but is not limited to, waste resulting from
the following manufacturing processes: Electric power generation; fertilizer/agricultural
chemicals; food and related products/by-products; inorganic chemicals, iron, and steel
manufacturing; leather and leather products; nonferrous metals manufacturing ,foundries;
organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and
miscellaneous plastic products; stone, glass, clay, and concrete products; textile
manufacturing; transportation equipment; and waste treatment. The term does not include
mining waste or gas waste.
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23
` 16. Inert Debris. The term "inert debris" means solid waste which consists solely of material
that is virtually inert or that is likely to retain its physical and chemical structure under
expected conditions of disposal, including but not limited to brick, block, rock, asphalt, and
dirt.
17. Land-clearing debris. The term "land-clearing debris" means solid waste which is generated
solely from land-clearing activities and which does not contain recyclable materials. or
municipal solid waste.
1$. Landfill. The term "landfill" means a disposal facility or part of a disposal facility where
waste is placed in or an land, and that is not a land treatment facility, a surface impoundment,
an injection well, a hazardous waste long-term storage facility, or a surface storage facility.
19. Medical waste. The term "medical waste" means any solid waste which is generated in the
diagnosis, treatment, or immunization of human beings or animals, in research pertaining
thereto, or in the production or testing of biologicals, but does not include any hazardous
waste identified or listed pursuant to Chapter 130A, Article 9, of the North Carolina General
Statutes, radioactive waste, household waste as defined in 40 C.F.R. § 261.4(b)(1) in effect
on 1 July 19$9, or those substances excluded from the definition of solid waste in this
Chapter.
20. Municipal solid waste. The term "municipal solid waste" means any solid waste resulting
from the operation of residential, commercial, industrial, governmental, or institutional
establishments that would normally be collected, processed, and disposed of through a public
or private solid waste program management service. Municipal solid waste includes
construction and demolition waste and land clearing and inert debris waste. Municipal solid
waste does not include hazardous waste, sludge, industrial waste managed in a solid waste
management facility owned and operated by the generator of the industrial waste for
management of that waste, or solid waste from mining or agricultural operations.
21. Non-reusable wood waste. T7ze term "non-reusable wood waste" shall mean trees and
vegetation cleared from land for any purpose other than sale as a commodity or chipping for
use on site or for sale.
22. Open burning. The term "open burning" means the combustion of solid waste as a means of
disposal of that waste.
23. Open dump. T'he term "open dump" means a solid waste disposal site that does not have the
permit or permits required by law or which does not comply with the rules set forth in this
ordinance.
24. Person. The term "person" shall mean a person, group of persons, firm, company,
corporation, association, partnership, unit of local government, state agency, federal agency,
or other legal entity.
25. Processing. The term "processing" means any technique designed to change the physical,
chemical, or biological character or composition of any solid waste so as to render it safe for
transport; amenable to recovery, storage, or recycling; safe for deposit; or reduced in volume
or concentration.
26. Project. The term "project" shall mean a planned undertaking of construction, remodeling,
deconstruction and demolition.
27. Putrescibde. T'he term "putrescible" means solid waste capable of being decomposed by
microorganisms with sufficient rapidity as to cause nuisances from odors, gases or liquids,
such as kitchen wastes, offal and carcasses.
2$. Radioactive waste material. The term "radioactive waste material" means solid waste
containing any material, whether solid, liquid, or gas, that emits ionizing radiation
spontaneously.
29. RCRA. The term "RCRA" means the Resource Conservation and Recovery Act of 1976,
Pub.L. 94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq, as amended.
30. Recovered material. The term "recovered material" means a material that has known
recycling potential, can be feasibly recycled, and has been diverted or removed from the solid
waste stream for sale, use, or reuse. In order to qualify as a recovered material, a material
must meet the requirements of N.C.G.S. § 130-309.05(c).
z3
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_~ ) r .y
,\
24
31. Recyclable construction and demolition material. The term "recyclable construction and
demolition material" includes clean wood waste, metals (except closed drums and tanks),
concrete and other inert debris, and unpainted drywall resulting generally from construction,
remodeling, repair, or demolition operations on pavement, buildings, or other structures.
32. Recyclable material. The term "recyclable material" includes, but is not limited to,
recyclable construction and demolition materials, aluminum, drink boxes, corrugated
cardboard and Kraft paper, glass bottles and jars, magazines, ferrous and nonferrous scrap
metals, motor oil, newspaper, office paper, scrap paper, plastic bottles including milk jugs,
soda bottles, steel and tin cans, telephone directories, yard debris, cooking grease, clean wood
waste, rubble, food .waste when exclusively source-separated for composting, and other
materials as may be specified by the Board of County Commissioners.
33. Recycling. The term "recycling" refers to the process by which solid waste or recovered
materials are collected, separated, or processed, and reused or returned to use in the form of
raw materials or products.
34. Regulated recyclable material. The term "regulated recyclable material" means the
recyclable material as designed in this ordinance as recyclable material.
35. Regulated recyclable material collector. The term "regulated recyclable material collector"
shall mean any person who collects regulated recyclable waste.
36. Scrap tires. The term "scrap tires" means a fire that is no longer suitable for its original,
intended purpose because of wear, damage, or defect.
37. Septage. The term "septage'' means solid waste that is a fluid mixture of untreated and
partially treated sewage solids, liquids, and sludge of human or domestic origin which is
removed from a septic tank system.
38. Sharps. The term "sharps" means needles, syringes, scalpel blades, and other sharp objects
generated in the same manner and subject to the same limitations as medical waste.
39. Sludge. The term "sludge" means any solid, semisolid, or liquid waste generated from a
municipal, commercial, institutional or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility, or any other waste having similar
characteristics and effects.
40. Small dead animals. The term "small dead animals" shall mean animals under 125 pounds.
41. Solid waste.. The term "solid waste" means construction and demolition waste; regulated
recyclable material as designated in this ordinance; yard waste; hazardous or nonhazardous
,garbage, refuse or sludge. from a waste treatment plant, water supply treatment plant, ar air
pollution control facility; domestic sewage and sludges generated by the treatment thereof in
sanitary sewage collection, treatment, and disposal systems; and any other material that is
either discarded or is being accumulated, stored, or treated prior to being discarded, or has
served its original intended use and is generally discarded, including solid, liquid, semisolid
or contained gaseous material resulting from industrial, institutional, commercial, and
agricultural operations, and. from community activities. The term does not include:
a. Fecal waste from fowls and animals other than humans.
b. Solid or dissolved material in:
1) Domestic sewage and sludges generated by treatment thereof in sanitary
sewage collection, treatment and disposal systems which are designed to
discharge effluents to the surface waters.
2) Irrigation return flows.
3) Wastewater discharges and the sludges incidental to and generated by
treatment which are point sources subject to permits granted under Section
402 of the Water Pollution Control Act, as amended (P.L. 92-500), and
permits granted under N.C.G.S. § 143-215.1 by the Environmental
Management Commission. However, any sludges that meet the criteria for
hazardous waste under RCRA shall also be considered a solid waste for the
purposes of this Article.
c. Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of
the General Statutes. However, any oils or other liquid hydrocarbons that meet the
24
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criteria for hazardous waste under RCRA shall also be a solid waste for the
purposes of this Article.
d. Any source, special nuclear or byproduct material as defined by the Atomic Energy
Act of 1954, as amended (42 U.S.C. § 2011).
e. Mining refuse covered by the North Carolina Mining act, N.C.G.S. § 74-46 through
74-fib and regulated by the North Carolina Mining Commission (as defined under
N.C.G.S. § 143B-290). However, any specific mining waste that meets .the criteria
far hazardous waste under RCRA shall also be a solid waste for the purposes of this
Article.
f. Recovered material.
42. Solid Waste Advisory Board. The term "Solid Waste Advisory Board" means the policy
advisory boafd of the Board, the County Manager and the Solid Waste Management
Department as described and with membership as provided in the Agreement for Solid Waste
Management among Orange County and the Towns of Caxrboro, Chapel Hill and
Hillsborough.
43. Solid waste facility. The term "solid waste facility" means any publicly owned solid waste
management facility permitted by the State of North Carolina that receives solid waste for
processing, treatment, or disposal.
44. Solid waste disposal site. The term "solid waste disposal site" means any place at which
solid waste is legally disposed of by any method.
45. Solid waste management. The term "solid waste management" means the purposeful,
systematic control of the generation, storage, collection, transport, separation, treatment,
processing, recycling, recovery and disposal of solid waste.
46. Special waste. The term "special waste" means solid waste that can require special handling
and management, including white goods, whole tires, used oil, lead-acid batteries, and
medical wastes.
47. Storage. The term "storage" means the containment of solid waste, either on a temporary
basis ar for a period of years, in a manner which does not constitute disposal.
48. Structure. The term "structure means any construction, production, or piece of work
artificially built up or composed of parts purposefully joined together.
49. Treatment. The term "treatment" means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological character or
composition of any hazazdous 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 hazazdous waste so as to render it nonhazardous.
50. [vehicle. The term "vehicle" shall mean any means by which someone or something is carried
or transported.
51. White goods. The term "white goods" includes refrigerators, ranges, water heaters, freezers,
unit air conditioners, washing machines, dishwashers, clothes dryers, and other similar
domestic and commercial large appliances.
52. Yard waste. The term `~+ard 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.
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Attachment Z
C&D Recycling Task Force
STATEMENT OF PRINCIPLES
+ Adapt strategies to realize the 61 percent per capita waste reduction goal for Orange
County by 2006, including C&D.
• Ensure that waste management is a good neighbor ethically, environmentally and
fiscally.
• Seek public and private partners for management of Orange County's C&D waste.
• Minimize the toxicity of the C&D waste stream.
• Continue education of the public regarding the necessity of waste reduction, recycling
and proper disposal.
• Development of C&D recycling infrastructure should be led by Orange County local
government.
• Recycling should be mandated.
• Recover costs of C&D waste mangement from generators to the greatest extent
possible.
• Recognize that C&D waste lends itself to recycling
• Pur, ..~ C&D waste recycling in the most cost-effective manner possible, long-term as
well as short-term.
• Acknowledge that the recommendation of the C&D recycling task force to pursue
recycling may require a commitment of additional land or further utilization of lands
currently owned by the Solid Waste operation.
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~~ ~' Attachment 3
C&D Recycling Task Force
SUMMARY OF RECOMMENDATIONS
l . Mandate recycling or reuse of C&D waste in Orange County through use of an
ordinance requiring separation of at least metal, clean wood and drywall (gypsum).
Initially, the mandate may cover only large-scale projects so the homeowner and
small contractor are not overburdened. Crushed concrete and other inert debris
should also lie considered. A draft of such an ordinance prepazed by County staff is
attached to this report.
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2. Adopt relevant policies and create programs to implement the ordinance. Coordinate
with building inspections departments in other jurisdictions in Orange County to
assist implementation, with enforcement remaining a responsibility of the Solid
Waste Department.
3. Find a location at which to conduct C&D waste management. Orange County should
take responsibility for reuse and disposal of its own C&D wastes.
4. Hire a second recycling educator to focus primarily on implementation of this
ordinance and of environmentally sound, waste-reducing building practices.
(Attachment B)
5. Aggressively pursue partnerships with other entities, public and private, inside and
beyond Orange County to increase opportunities for recycling, reuse and reduction of
C&D wastes.
6. Consider methods for diverting inert debris, including rock, concrete, brick, asphalt
and dirt for reuse and recycling.
7. Consider .locating a retail used building materials collection and resale point at or near
any future C&D management facility.
8. Investigate the possible extent and desirability of involvement in local C&D waste
management by the University of North Cazolina at Chapel Hill (UNC), including
how much C&D waste is produced from campus construction and the potential to
direct those materials to a public facility in Orange County.
9. Conduct a countywide survey to determine the number and location of abandoned and
otherwise discazded mobile homes.
10. Promote deconstruction and greenbuilding as sustainable alternatives to traditional
approaches.
11. The work of implementing C&D task force recommendations should begin as soon as
possible during fiscal year 2000-2001.
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