Loading...
HomeMy WebLinkAboutAgenda - 01-29-2001-1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 29, 2001 Action Agenda Item No. SUBJECT: Disposition of Construction & Demolition Waste Management DEPARTMENT: Solid Waste PUBLIC HEARING: (YIN) No ATTACHMENT(S): 3 Alternative Draft Resolutions Regarding a C&D Disposal Decision Resolution A - No in-County C&D Landfill (Page 4) INFORMATION CONTACT: Resolution B - To Initiate New C&D ' Gayle Wilson, 968-2885 Landfill Site Search Process (Page 5) Resolution C - Selection of Existing TELEPHONE NUMBERS: Candidate Site on Eubanks Road Hillsborough 732-8181 (Page 6) Chapel Hill 968-4501 9/27/00 Attorney Memo (Page 7) Durham 688-7331 9/00 Draft of Solid Waste Ordinance Mebane 336-227-2031 (Page 8) 1/25/01 Solid Waste Dir. Memo (P g. 17 PURPOSE: To discuss matters leading to a final determination regarding whether Orange County will continue.to provide an in-county construction and demolition (C&D) waste disposal facility; and to provide direction to staff and the Attorney regarding modifications to the current draft ordinance regulating construction, demolition and other recyclable wastes. BACKGROUND: In-County Construction & Demolition,., Landfill, Decision Over the past four years, discussions have taken place among various elected boards, the Landfill Owners' Group (LOG), the LOG's C&D Landfill Site Search Committee, and the BOCC's C&D Recycling Task Force regarding C&D waste management, and specifically a replacement C&D disposal facility. Public hearings have been held, more than 40 different potential sites have been examined, staff reports and recommendations have been made, and potential property acquisitions have been contemplated. In light of the vertical expansion approved last summer by the State, the existing C&D landfill is expected to reach capacity by early summer 2002. No decision has been made regarding a replacement disposal facility. Staff understands that the Eubanks Road site is the only specific site still officially under consideration. Staff expects that site would receive a certificate of Site Suitability from the State. If the Eubanks Road site is to be selected, staff believes that a decision should be made no later than the summer of 2001. in order to have the site designed, permitted and constructed to receive waste in the summer of 2002. That site would permit a one-year timeline due to the extensive amount of permitting work already completed at that location. Two other alternatives the Board may consider are to open another site search to identify a future C&D disposal site at an Orange County location other than Eubanks Road, or to decide not to pursue additional C&D disposal capacity in Orange County once the current C&D landfill is exhausted. Staff has prepared three alternative draft resolutions, one of which (or a modified version thereof) that the Board may wish to consider adopting either at this meeting, or perhaps at the February 7 regular meeting of the BOCC. An adopted resolution would provide necessary direction to staff regarding any future C&D disposal facility. It should be noted that in August 2000, the Construction & Demolition Recycling Task Force presented a report to the BOCC regarding recommendations for reducing and recycling C&D wastes. Some of their recommendations could involve the need for space to physically conduct recycling and/or marketing operations. Depending on the Board's decisions to pursue some or all of these recommendations, we believe that about 3-10 acres could be necessary for non- disposal C&D management. Several of the potential C&D recycling/waste reduction recommendations could be implemented even if the BOCC elects to discontinue disposal operations in Orange County. Ideally, if the Solid Waste Department is directed to continue C&D disposal operations beyond July 2002, recycling operations would most efficiently be conducted at or near that disposal facility. Construction and Demolition Waste Regulation for Recycling One of the key: C&D Task Force recommendations was passage of an ordinance regulating recyclable C&D Materials. That 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 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. The Board discussed the draft ordinance at their regular meeting on November 1, 2000, and raised a number of questions, including concerns that any ordinance the Board might adopt should not have unintended adverse consequences on agricultural and forestry operations. The Board asked the staff and Attorney to identify issues that might necessitate changes to the ordinance as currently drafted. Solid Waste Management staff, in consultation with the County Attorney, developed the attached report on the "Burning Prohibition of the Regulated Recyclable Material Ordinance". The Board may wish to discuss the information presented, and then provide specific direction to the Attorney on changes to be made in the draft ordinance and brought back for further BOCC review and.discussion. FINANCIAL IMPACT: The financial impact of a C&D landfill decision, or alternatively no decision at all, may be significant. If a decision is made not to develop a replacement construction and demolition disposal facility, the landfill enterprise fund will need a supplemental source of revenue in the amount of about $$00,000/annually to maintain current services and programs. This need will result from a loss of surplus revenue, over and above operating expenses, generated through C&D tipping fees. If this loss of revenue is accompanied by a commensurate increase in spending associated with the expansion of C&D recycling/waste reduction, further revenue will be required. If a decision is made to initiate a new site search, additional expenses relating to the siting and property investigation will be incurred. Once a preferred site is identified, considerable expense will be required to conduct geotechnical investigations and initiate the permitting process. Funds will also be required to purchase and develop the site. Given that it is unlikely that a new site could be identified, acquired, developed and permitted by the time the existing site reaches capacity, there could be a gap in C&D revenues before the new site is opened. Should the Board of Commissioners decide to approve the Eubanks Road site currently under consideration, funds would be required to purchase and develop the site, however, about 90% of the costs relating to permitting and geotechnical investigation have already been expended for this site. Any funds regarding above expenses would be provided through the Solid Waste/Landfill Operations Enterprise Fund in the "Reserves for Acquisition & Construction". RECOMMENDATION(S): The Manager recommends that the Board determine a course of action on C & D functions by adopting one of the attached resolutions, or variations, thereby providing direction to staff in addressing these functions. 4 Resolution A A Resolution Establishing the Intention of the Board of Commissioners Not to Provide a New Construction and Demolition Landfill Once the Current Facility Reaches Capacity WHEREAS, the existing construction and demolition landfill located on Eubanks Road is expected to reach capacity in the spring-summer of 2001; and WHEREAS, the Board of Commissioners and others have participated in numerous public discussions regarding issues related to construction and demolition waste management is recent years; and WHEREAS, the Board of Commissioners have given careful consideration to the issue of construction and demolition disposal: NOW, THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners will not further consider development of a new construction and demolition disposal facility in Orange County at this time and directs the Manager to develop a plan for a cessation of construction and demolition disposal by the Orange County Solid Waste Management Department that includes provisions for notification of construction and demolition material generators and either the replacement of lost revenues or a reduction in services/programs, or some combination thereof. This, the day of , 2001 Stephen Halkiotis, Chair Orange County Board of Commissioners Beverly Blythe Clerk to the Board -of Commissioners Resolution B A Resolution Establishing the Intention of the Board of Commissioners to Provide a New Construction and Demolition Landfill in Orange County and to Initiate a Site Selection Process WHEREAS, the existing construction and demolition landfill located on Eubanks Road is expected to reach capacity in the spring-summer of 2001; and WHEREAS, the Board of Commissioners and others have participated in many discussions regarding issues related to construction and demolition waste disposal, in recent years; and WHEREAS, the Board of Commissioners have indicated intentions to reduce and recycle increased amounts of construction and demolition materials in the future; and WHEREAS, the Board of Commissioners have recognized the need for a new local and environmentally sound construction and demolition waste disposal option; and WHEREAS, the Board of Commissioners have given careful consideration to the issue of construction and demolition disposal: NOW, THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners endorse development of a new construction and demolition landfill in Orange County which will assure an environmentally sound and convenient option for local generators of construction and demolition waste. BE IT FURTHER RESOLVED the Orange County Board of Commissioners directs the Manager to submit for Board consideration by April 2001, a proposal for initiating a new construction and demolition landfill site search process within Orange County. This, the day of , 2001 Stephen Halkiotis, Chair Orange County Board of Commissioners Beverly Blythe Clerk to the Board of Commissioners 6 Resolution C A Resolution Establishing the Intention of the Board. of Commissioners to Provide a New Construction and Demolition Landfill in Orange County and to Locate the Facility at a Site on Eubanks Road WHEREAS, the existing construction and demolition landfill located on. Eubanks Road is expected to reach capacity in the spring-summer of 2001; and WHEREAS, the Board of Commissioners and others have participated in many discussions regarding issues related to construction and demolition waste disposal, in recent years; and WHEREAS, the Board of Commissioners have indicated intentions to reduce and recycle increased amounts of construction and demolition materials in the future; and WHEREAS, the Board of Commissioners have recognized the need for a 'new local and environmentally sound construction and demolition waste disposal option; and WHEREAS, the Board of Commissioners have examined several potential sites for a new landfill, with only one candidate site remaining under consideration; and WHEREAS, the Board of Commissioners have given careful consideration to the issue of construction and demolition disposal: NOW, THEREFORE, BE IT RESOLVED: That the Orange County Board of Commissioners endorse development of a new construction and demolition landfill in Orange County which will assure an environmentally sound and convenient option for local generators of construction and demolition waste. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners designate the Eubanks Road site adjacent to existing solid waste facilities as the location for the new construction and demolition landfill. BE IT FURTHER RESOLVED that the Orange County Board of Commissioners: • authorize local government approval of the site in conformance with .0504(1)(e)(1), • authorize the Director of Planning to provide a zoning letter in conformance with .0504(1)(e)(ii), • authorize the Manager to proceed with acquisition and permitting of the site, and' • direct the Manager to coordinate with the landfill neighbors regarding the development of the facility, keeping them informed and involved throughout the development process: This. the day of , 2001 Stephen Halkiotis, Chair Orange County Board of Commissioners Beverly Blythe Clerk to the Board of Commissioners 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 Solid Waste In Orange County Date: September 27, 2000 7 On August 15, 2000 the Construction and Demolition Waste Recycling Task Force submitted its Final Report to the Board 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 separation 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, corrugated cardboard, and non-reusable wood waste. Materials can be added as facilities for 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 are 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 $50,000 may, in the discretion of the Solid Waste Management Department, be required to submit an additional RRMP plan. ¦ Provides for criminal and civil penalties and fines for violations of the ordinance. 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 finds 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 pnsite 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 H. 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, and -130A-309.09, - 309.09A, -309.09B; and -309.09D. Unless otherwise indicated, this ordinance pertains to all solid waste activity in Orange County. 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 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. 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 nine thousand (9000) pounds or greater without a valid license constitutes a violation of this ordinance. B. Repeated violations may result in license suspension or revocation 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 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 for purposes of disposal as solid waste or treatment in a manner inconsistent with this ordinance. ' 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, ferrous and nonferrous scrap metals other than recyclable construction and demolition material, used motor oil, newspaper, office paper, scrap paper, plastic 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. 10 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 numbers; 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. 5. 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. 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: 11 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. 8. No license issued pursuant to this ordinance is assignable. SECTION V. PERMITS AND PLANS FOR THE-MANAGEMENT OF REGULATED RECYCLABLE MATERIALS. 1. 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 500 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. S. 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. 6. 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 requirements 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. 12 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 Management Department finds that the conditions causing the violation have been corrected. 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 year. 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) 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. 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.egiuitable 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. 13 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 charged 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 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. 6. Collection. The tern "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 point 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. 8. 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 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. 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. 18. Landfill. The term "landfill" means 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. 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 1989, 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. The 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. The 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. Putrescible. The 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. 28. 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. 15 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 orderto qualify as a recovered material, a material must meet the requirements ofN.C.G.S. § 130-309.05(c). 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 tire 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, 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 (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 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 74-68 and regulated by the North Carolina Mining Commission (as defined under N.C.G.S. § 143B-290). 16 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. 42. Solid Waste Advisory Board. The term "Solid Waste Advisory Board" means the policy advisory board 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 Carrboro, 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 tern "storage" means the containment of solid waste, either on a temporary basis or 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 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. 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 "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. Memorandum To: John Link, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Burning prohibition section of the Regulated Recyclable Material Ordinance Date: January 24, 2001 This memorandum describes some of the issues involved in developing a workable section of the Regulated Recyclable Material Ordinance regarding burning. Specifically, it responds to questions raised at the November 1, 2000 Board of Orange County Commissioners (BOCC) meeting. Background 17 The draft of the Regulated Recyclable Material Ordinance being developed by staff and being considered by the BOCC would prohibit "dispos(ing) of solid waste through open burning in Orange County." • "Solid Waste" is defined to include "Regulated Recyclable Material as designated in this ordinance" • "Regulated Recyclable Material" includes "non-reusable wood waste" • "Non-reusable wood waste" means "trees or vegetation cleared from land for any purpose other than sale as a commodity or chipping for use on site or for sale." As the ordinance is now drafted, several agricultural, silvicultural, and horticultural practices in widespread use would fall in the category of prohibited activities. Forestry and Agriculture accounted for $39 million in revenue in Orange County in 1998. Of that, pasture-requiring livestock products accounted for $11.8 million, field crops $7.3 million, and forestry and lumber products $4.4 million, (Source: Orange County Cooperative Extension) Solid Waste Department staff enlisted the assistance of the County Attorney's Office, the NC Cooperative Extension Service, the NC Forest Service, the Orange County Fire Marshall's office, and several private, Registered (NC) Foresters in the development of this report. Discussion 1. Present Burning Practices Landclearing Burning Burning of landclearing debris unrelated to forest management, including debris from a timbered tract after harvest but not preparatory for another planting, is a common practice in Orange County. Acreage figures are difficult to estimate because the burn permit application indicates the area to be burned as the area occupied by machine piled vegetative debris. This area is obviously much less than the area of the entire cleared tract. About 75% of the permits issued by the Forest Service are for landclearing debris. About 75% of those involve land is cleared in connection to a development permit application. The remaining permits are for parcels cleared by a landowner with no immediate development permit being sought. Silvicultural Burning There are 4 reasons that burning is practiced for silvicultural purposes. These are: • Site preparation for timber planting (open burning) est. 50-150 ac/yr. • Thinning for timber management (understory burning) est. 20-30 ac/yr. • Thinning for wildlife management (understory) est. 20-30 ac/yr. • Fire hazard reduction (understory.) est. 25-75 ac/yr._ Total est. 115-285 ac/yr. Acreage burned year to year varies widely. For example from 1995 to 2000, only one year, 1999, saw more than 90 acres burned for site preparation by the Forest Service. The figure for that year was 423 acres. Forest.managers are not required to, but often contract with the Forest Service for burns and the Forest Service utilizes a Smoke Management Plan as criteria for determining the circumstances for an appropriate bum. The Forest Service performs about 2/3 of the burns in Orange County; the remainder is done by a small group of private, certified bumers. Forestry burns are for material "in place", that is, without pushing material into piles. In the case of understory burns, this is to avoid damage to the trees being cultivated. In the case of open, site preparation burns this is so that the soil does not get baked by intense heat, thus hindering the growth of newly planted seedlings. Burns are not designed to remove all debris but only the material less than 1" to 2" in diameter. Each forest management site and situation is unique and there are alternatives to burning such as herbicides, chopping, root-rake bulldozing and others. Forest Management Plans (FMPs) written by a Registered Forester, required if the landowner takes part in any of a variety of State reforestation cost-sharing and tax status programs, prescribe activities which will be used in the management of the forest, including burning. The City of Greensboro requires FMPs as part of their tree ordinance. While alternative methods are often employed in place of or in addition to burning, the consensus among the forestry professionals staff consulted with was that burning is unparalleled as a forest management practice, provided that it is done: • safely • according to law • by a Certified Burner • as part of a Forest Management Plan Agricultural Burning There are 4 reasons that burning is practiced for agricultural purposes. These are: • Pasture development (usually post-timbering) . est. 50-75 acres/year • Edge clearing (clears roads and fights encroachment) est. 5-10 ac/yr. • Storm damage debris varies, difficult to est. • Bermuda rass for earl ha production) est. 5-10 ac/ r. Total 50-95ac/yr. + 19 Generally these burns are coordinated through the Forestry Service and, with the exception of the bermudagrass burns, on the recommendation that the materials be pushed into a cleared area, away from adjacent forest, to be burned. It is also recommended that the burning piles be stirred. Stirring the pile introduces oxygen, resulting in complete combustion of the fuel. The smoke generated from a smoldering fire is the result of incomplete combustion. The most recommended practice is to pit burn with an air curtain from a large fan. Smoke from a pit burn is minimal. Horticultural/Landscaping Burning There are 3 primary reasons that burning is practiced in horticulture and landscaping. These are: • Leaf burning in autumn • Burning brush as waste removal • Burning of diseased or pest plants and trees Homeowners can bum yard trimmings, excluding logs over 6 inches in diameter and stumps, if it is allowed under local ordinance (presently there is no prohibition in the-unincorporated areas of Orange County), if no public pickup is available (it is not in the unincorporated areas of Orange County), and if it doesn't cause a public nuisance. If the burn takes place in or within 500 feet of woodland protected by the Forest Service, their permit requirements, discussed above, must be met. Nurseries are a small but growing part of the economic picture in Orange County. When a disease is identified in their inventory, sometimes burning is employed as the method of eradication. It is thorough, inexpensive, and does not require pesticides. 2. Current Re ulato Environment Permitting The two state agencies that regulate open burning are'the NC Forestry Service and the Division of Air Quality. These are both within the NC Department of Environment and Natural Resources (DENR). The Forestry Service allows open burning without permits between the hours of 4pm and midnight. The fire must be extinguished by midnight. They require permits from midnight to 4pm and permits are issued at the Forest Service Office, as well as by proxy at several fire departments, Southern States stores, and the County Fire Marshall's office. Once a permit is issued, it is valid for 30 days. If that window of opportunity passes, the individual must apply for another permit. The Division of Air Quality allows burning of vegetation to clear land or rights-of-way between the hours of 8am-6pm, provided that winds are away from roads and built up areas. and fires are 1,000 feet from occupied buildings. Inside the municipalities and extra-territorial jurisdictions in Orange County the Town Fire Marshals are responsible for regulating burning. Burning permits can be issued, but issuance is extremely rare, especially because brush and leaf collection is available publicly. 20 Under conditions deemed hazardous by DENR (for either fire danger or air quality reasons), all burning is prohibited and ail permits are suspended. Under no circumstances does the State sanction the burning of garbage, tires, building materials including lumber, plastic, asphalt shingles, wire, oils, paints, household or agricultural chemicals, or synthetic materials. Attachment A is the Division of Forest Resources Bum Permit. Attachment B is the Division of Air Quality flyer, posted at, among other places, Orange County's Solid Waste Convenience Centers. Complaints & Enforcement Complaints usually come to the Fire Marshall or to the Forest Service. The Fire Marshall handles complaints when citizens are burning trash, construction materials, or other prohibited items. When they receive complaints from citizens they determine if the bum is permitted. If not, and it is required to be, they go to the site and ask the burner to extinguish the fire then explain the burning regulations to them. If the problem continues after that, they notify the Enforcement Division of Air Quality and a representative will accompany the Fire Marshall back to the site. If the burning then continues,*the state takes legal action and fines are levied. Other regulatory practices Buncombe County, NC (Asheville) uses an alternative regulation; they prohibit burning on certain days. Buncombe County maintains a daily recording, available at a published phone number, informing callers whether it is a "burn day". On "burn days", Forest Service and Air. Quality Division regulations and permit requirements are still in effect. Attachment C is the Western NC Regional Air Quality Agency informational flyer Jurisdictional Considerations Orange County, according to the State, is a "non-high hazard county". This means that more relaxed State regulations governing burning exist here. Eighteen counties are considered high hazard, most of them in the coastal plain. (NC GS 113-60.23 and 60.24) State law regulating "Open Fires" expressly does not preempt local government regulation open burning. (NC GS 113-60.30) Orange County is authorized to regulate solid wastes. (NC GS 153A-136) Orange County, Chapel Hill, Carrboro, and Hillsborough have authority to condition development permits to prohibit open burning as part of the development of the permitted project2 North Carolina General Statutes, Chapters 113, 143, and 153 are further sources of potentially relevant jurisdictional considerations. 2 Local legislation authorizing Orange County to do this is not applicable in Cart and Cheeks Precincts and is not applicable to bona fide farm operations for which a zoning permit would not be required. (Session Laws 2000-107, s.2) 3, Re ulato Alternatives 21 Table 1 is a summary-of burning activities and some of the major considerations regarding a prohibition of that particular type of burn. In the event that some of these practices are allowed, effective enforcement may require that bum permits be filed with additional agencies. Table 1. Option Regulated Acreage Regulatory Difficulties Communi and/or Considerations 1. Landclearing debris Developers Difficult to Professional opposition bums unrelated to estimate to prohibition of a forestry or agriculture common practice; Risk of landowners appearing to manage forests for timber production while planning development 2. Open, forest planting Foresters 50-150 Foresters' alternatives site preparation burns can be costly and may include increased use of herbicides. Open bums generate the most smoke of all forest burns 3. Understory forest Foresters 65-135 Practice is extremely management bums professionally popular with relatively small air quality implications; Next least costly method is herbicide application 4. Pasture development Farmers 50-75 Next least costly method burns is herbicide application 5. Downed or. Farmers 5-10+ High regulatory staff encroaching needs in relation to scope trees/brush on farms of problem 6.. Bermudagrass Farmers 5-10 Regulates a y= small number of individuals 7. Autumn leaves Homeowner N/A Public opposition to s common practice 8. Diseased vegetation Homeowner N/A Burden of proof; s, Nurseries Infestation risks - especially to burgeoning small indust ; 9. Landscaping debris Homeowner N/A High regulatory staff s, needs in relation to scope Landscaper of problem s Instead of prohibitions, per se, of particular burning activities, regulations can be incorporated into the language of the ordinance that prohibit burning under certain circumstances. Table 2 is a summary of two possible regulatory alternatives. The approaches are not mutually exclusive. 22 Table 2. Approach Affected Activities Advantages Disadvantages Require Forest Activity Closes developer Unclear enforcement Management #1,2, and loophole; responsibility; Any Plans for 3 (from encourages FMPs; agricultural and horticultural exemption from table activities to be exempted prohibition above must be done so separately Utilize Smoke All Addresses air Requires additional staff Management quality on days it is time to determine, publicize Plan strategy worst and enforce "burn days" Implementation Considerations In any scenario where specific burning activities are prohibited or regulated by Orange County, enforcement of the ordinance will have to be a coordinated effort. The existing regulations originate from a variety of agencies on the State and Local level. Additional regulations and the involvement of the Solid Waste and Planning Departments may affect the. responsibilities of current regulatory agencies. It may also be confusing to the public. A great deal of care needs to be exercised enacting this ordinance to make sure that different agencies, do not conflict in their requirements and that their responsibilities are clearly defined. Recommendation Staff requests that the BOCC give guidance to staff as to which burning activities they wish the ordinance to regulate or prohibit so that the ordinance can be formulated to regulate or prohibit these activities specifically. Staff recommends that the ordinance be drafted to reasonably accommodate farmers and forest managers who utilize burns as part of their resource management practices. CC: Rod Visser Geof Gledhill -A. S 01/24 / 01 12:32 $`9199322900 ee u`Y'S N c a o? ? a N m N 4W? pp Q tp ? ? O 0 m ? ? v E Wtl ? U m _m {L CL m N V2 ti ? 41 ? ? ? y p qS ' SO a 3• 3 -ru w? N a Z Z 0 ?N a z = m 0 O ? •? ti .ls a a srL ?45 ?71 G 90 d, ? 4 m o:? c .Q?y CFO O M1 Liv W ? p P 4 N- y ? '.? E Sy 2 E v c c G _ C W r. ex d?m °'? ? •C 2 4 d H Ga? - Him A 6g c g o ti m C c- w 0 r m c m a SOLID WASTE RCY 444 ._QC MANAGER IA 002 b CD Q 5 m A m c Cm i ts a F 8C 9L ch ?yyy O F S n s = C v ao ? ma ? qQ ?? . y ? F el e r r `°' ° e Q l HE ?E " = ? of F Ad _a - IY ? V ti w J ?w 4 •s 9 aq . . yy4 4 Q ?y ¦ O w ?A a ? o ? 4• p j olf °U Leb ' - V t/l S y ?$ r a CL 13 s de Its J,? o 4 S s d? 6 ?d a g v? m A a^?1 'r M1 ? r s. . J u 23 X' ryt' j ? I co 1 o ? F /• 01/24/01 12:33 $9199322900 SOLID WASTE RCY aaa OC ]IMAGER IM003 Don't Get Burned! _< You can be fined up to $10,000 for illegal open burning in N.C. Smoke from open burning can cause serious health problems and pollute the air. That's why the state regulates open burning. Only leaves, branches or other plant growth can be burned. IT'S ILLEGAL TO BURN: ,,Garbage, paper and cardboard ,,Tires and other rubber products ,,Building materials, including lumber ,,Wire, plastics and synthetic materials ,,Asphalt shingles and heavy oils ,,Paints, household and agricultural chemicals Homeowners can burn yard trim- ings - excluding logs and stumps'- if it's allowed under local ordinances, no public pickup is available and it doesn't cause a public. nuisance. Other allowable burning includes campfires, outdoor barbecues and bonfires for festive occasions. Landowners also can open burn vegetation to clear land or rights-of-way, provided that: Prevailing winds are away from built up areas.and roads Fires are at least 1,000 feet away from occupied buildings • Burning is done between S a.m. and 6 p.m. Remember, burn permits issued by the N.C. Division of Forest Resources or any local government do not excuse a person from following these rules, For more information, contact: N.C..Department of Environment and Natural Resources - Air Quality Regional Supervisor Winston-Salem Regional Office Raleigh Regional Office Washington Regional Office 585 Waughtown At. 3800 Bane tt Dr. 943 Washington Square Mall Winston-Salem, NO 27107 . Raleigh, NC 27809 Washington. NC 27880 (336) 771-4600 \(919) 579-4700 (252) 946-6481 A8111901e Regional Office Interchange Bldg. 59 Woodfin Place Asheville. NO 28801 (928) 251-6208 • M•wn " S dr Jir Mooresville Regional office 919 North Main St. Mooresville, NC 28116 (704) 663-1699 e Donotas Regional Office Laaallon NOTE: Not To Scale ww.. Y.GIIO? ?FOnyl• e • ? RRSi ,mw,.n MW wW ? PN • wlwn ? IWn w -?h ?s ?•nnpen ao c!? amw r... n.^.n nen•wn e?•n? ov~ Fayetteville Regional Office 225 Green St. suite 714 ' Peyetteville, NC 28301 wM +vn.., Mc .••uM NW Wilmington Regional office 127 Cardinal Dr. Extension Wilmington, NO 28405-3845 01/24/01 12:34 09199322900 SOLID WASTE RCY 444 OC MANAGER IM004 Don't Get Burned! http://www.%Vncair,org/bL G• Don't Get Burned! You can be fined up to- $10,000 for illegal burning in Buncombe County.. Open Burning Rules Explained by the "C Regional Air Quality Agency What can I burn? Natural a min ve etation and brush- Le.- and trimmiagg, leaves and brush less than six inches in diameter. pmem_shingles, wire, etc. Dal need a permit and what 1dnd9 If ou have hand- fled brush- sm l brush it u b hand - NO unless it is within 500 feet of a woodland. Then you need a N.C. Division of Forest Rfsources' ermit If a have • " it brush- (brush rmdtine from land rjaArinal_ VP..C Awmarmmat. Agency has limited barnin da to those da not charaggrized b unhealthful none levels. ?- ... ??¦... ?? 1= ? ne sea he eri f 1 th-MuRb O er 31 it i a burning Even urin a ne burni i -day. J gl ed on those ftu thilare not designated as unhealthful. i of 2 01/24/01 12:35 $'9199322900 SOLID WASTE RCY ?yy OC MANAGER 03005 Don't Get $umadl http://Www.wn( n 26 * * Remember- burn w-mits issued b the N. . Division o Forest Resources or an locat a meet do not acuse a arson m oll n these rules WNCStA A is committed to _public h_ eaith and safety far the real ants of Buncom a Goon urge ev on be c eful with a 'd re F r more information eoncernin a en burni lease c n Ct_theagency at (82812SS-Sr dthel! Open Burning Informaion Ma pine piled bru h Les ltin from land clearin mast a ins ected the a en a onnel. These ilea moat be clean brush and no ntain dirt or stuml)s ich woul smolder rather than burn ' cleanly, These permitted nilsm mnat 160 1nnn r--,& left unattended. items which Cann-at be burned. .? n no occasio construe ion materials ted wo d as haltic ma erials tires plastics cardboards or pa er are allowed to be burned. 2of2 An actin tiQn number must be issued dail from the 8 en before urnin can be an. After the 3rd third-activation number un ousnow ?,.,.,?.,.._. ?.__. __ ___ __ .