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HomeMy WebLinkAboutAgenda - 04-19-2001-1_ _ 1 ASSEMBLY OF GOVERNMENTS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 2001 Action Agenda Item No. SUBJECT: Assembl of Governments Discussion To ics DEPARTMENT: County and Towns PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: As Noted in "Background" County and Town Managers COUNTY TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss topics noted in the background section. BACKGROUND: Re uest on Re Tonal Trans ortation Model Information on this topic will be presented by Chapel Hill Mayor Rosemary Waldorf at the meeting. Sha in Oran a Coun 's .Future Re ort Orange County Environment and Resource Conservation Director David Stancil has provided substantial background and other materials, which are provided under separate cover. Update on Discussions between UNC and Chapel Hill Chapel Hill Mayor Rosemary Waldorf will provide an update on discussions between the University of North Carolina and the Town of Chapel Hill. Ade uate Public Facilities Ordinance A school adequate public facilities ordinance (Schools APFO) is a zoning and/or land development regulation with the goal of synchronizing development with the availability of public school facilities needed to support that development. The location, amount, type or mix of residential development is a product of the county and/or town's comprehensive and zoning plans. The Schools APFO does pace growth by affecting the timing of development to ensure that it is matched with the adequate capacity or proposed capacity to prevent critical overcrowding. A jointly prepared School Capital Needs Plan sets forth a financially feasible program of school construction that approximates student enrollment projections. 2 Craig Benedict, Orange County Planning Director, will present a brief status of report of Schools APFO. Affordable_Hausing Task_Force Update On April 3, 2001, the Board of Commissioners approved the Executive Summary of the Affordable Housing Task Force Report. The summary contains ten (10) key recommendations designed to begin to address the County's affordable housing issues. These recommendations reflect the principal work of four (4) task force subcommittees in the areas of Inventory/Needs, Finance, Land Use/Zoning, and Education. These recommendations serve as an impetus for local and state elected officials, the University of North Carolina at Chapel Hill, non-profit organizations, and the general citizenry to become involved in addressing our local housing challenges. A memo from Housing and Community Development Director Tara Fikes, along with the Executive Summary, are attached (Attachment 1). Solid Waste U,,,,pdates Greene Tract -The solid waste management interlocal agreement signed by the County and Towns in September 1999 and amended in March 2000 lays out parameters under which the Greene Tract owners will resolve the ulfiimafie disposition of the 109 acres of that parcel that remain in joint ownership (see Attachmenfi 2a -excerpt from the agreement). The agreement also addresses how the Solid Waste/Landfill Operations Enterprise Fund is to be reimbursed if the property is puff to uses that are not related to the solid waste enterprise. The agreement anticipates that the Greene Tract owners will reach agreement on the disposition of the property during a bargaining period that would conclude on April 17, 2002 (fihe two year anniversary of the effective date upon which Orange County assumed overall responsibility for solid waste management in Orange County). The Boards may wish to briefly discuss a general timetable for the disposition of the Green Tract, which might include: • Apr 2001 -- Managers finalize a recommended Greene Tract process • May -Jun 2001 - Goveming boards approve a process and designate goveming board and planning board representatives to serve on a short term work graup • 'Jun -Oct 2001 -Work graup reviews options, and develops recommendations, using County/municipal staffs and consultant specialists, as needed • Nov 2001 -Task force report to goveming boards • Dec 2001-Jan 2002 - Internal goveming board deliberations • Feb--Apr 2002 -All three governing boards approve agreement on disposition of the remaining 109 acres of the Greene Tract C & D -Staff will report on activities during 2000 of the Construction arid Demolition Recycling Task Force, the major Task Force recommendations (copy attached -Attachment 2b), and progress towards the development of an ordinance (copy of most current draft attached - Attachment 2c) regulating recyclable solid waste. SWAB -Staff will report on the activities and major topics of discussion that have been addressed by fihe Solid Waste Advisory Board since it began meeting in September 2000. FINANCIAL IMPACT: As noted above, or explained in meeting discussion. RECOMMENDATION(S): The Managers recommend that the Boards discuss the topics noted and provide appropriate direction to staff. AI~-.~ ' Orange County Housing and Community Development Date: April 11, 2001 To: Assembly of Governments From: Tara L. Fikes Subject: Commissioner's Affordable Housing Task Force Update In April 2000, the Orange County Board of Commissioners appointed the Commissioners Affordable Housing Task Force to investigate and analyze information and problems, and recommend strategies and policies, to assist the County Commissioners in formulating a comprehensive, long-range vision of decent and affordable housing in Orange County. Commissioners Margaret Brown and Barry Jacobs serve as co-chairs for this Task Farce. After an initial presentation of the draft Report of the Affordable Housing Task Force in March 2001, on April 3, 2001, the Board of Commissioners approved the Executive Summary of the Report. The summary contains ten (10) key recommendations designed to begin to address the County's affordable housing issues. These recommendations reflect the principal work of four (4) task farce subcommittees in the areas of Inventory/Needs, Finance, Land Use/Zoning, and Education. These recommendations represent a "call to action" far local and state elected officials, the University of North Carolina at Chapel Hill, non-profit and for-profit organizations, and the general citizenry to become involved in addressing our local affordable housing challenges. - Future plans for continued dialogue include the establishment of a Housing/UNC Task Force in the next couple of months in order to target discussions regarding the impact of the university on affordable housing issues. Attachment: Executive Summary z Executive Summary Report of the Orange County Commissioners Affordable Housing Task Forc® April 2001 Introduction The Orange County Board of Commissioners recently decided to refine its approach to promoting decent and affordable housing. On March 13, 2000 the Board of County Commissioners convened an Affordable Housing Summit attended by more than 100 citizens, including elected officials and housing providers, to discuss housing needs and to clarify the policies and strategies that could be used to alleviate the identified housing needs. Following the Summit, the Board formed the Commissioners Affordable Housing Task Force, under the leadership of Commissioners Margaret .Brown and Barry Jacobs. Specifically, the charge to the group was "to investigate and analyze information and problems, and recommend strategies and policies, to assist the county commissioners in formulating lorig-range vision of decent and affordable housing in Orange County." The Task Force began to meet in June 2000 and convened monthly thereafter through February 2001, In addition, Its four subcommittees (Inventory/Needs, Funding, Zoning and Design, and Education) met at least monthly to gather and review pertinent information in order to develop strategies and/or recommendations for action. The results of the work of these subcommittees and the task force collectively are reported on the following pages, each gathering and developing its assigned information and recommendations for action. This material builds on previous local government and private efforts to ensure that all families have affordable housing options, particularly those with limited incomes, the homeless and other special need populations. The purpose of this Task Force Report is to accelerate and expand the development and maintenance of affordable housing stock in Orange County. The report is intended as a guide to countywide action with proposed housing targets, strategies, proposals for new fiunding sources, as well as other policy and educational elements. Perhaps the most critical recommendation is the establishment of an Affordable Housing Advisory Board in the County to assist with Implementation of the strategies contained in this Report and advise the Board of Commissioners regarding other affordable housing issues Further, throughout this document are references to the need for the County and Town leaders, University ofi North Carolina officials, the State Legislature, non-profit and for-profit organizations, and interested citizens to become involved in addressing the affordable housing needs of this community. The highlighted findings, recommendations, and strategies provide a snapshot view of the more detailed subcommittee reports contained in this report. - 3 Acknowledgements Many thanks for the hard work of the Task Force Members Commissioner Barry Jacobs, Co-Chair Commission®r Margaret Brown, Co-Chair Elizabeth Carter Jack Chestnut Mark Chilton Dan Coleman Mark Dorosin, Chair, Education Subcommittee Robert Dowling John Eckblad Kevin Foy Marina Heatzig Trish Hussey Richard Leber Susan Levy Nancy Milio, Chair, Report Subcommittee Chris Moran Scott Radway Mary Winne Sherwood Delores Simpson Ruby Sinreich Bill Strom Jim Ward Alison Weiner, Chair, Inventory/Needs Subcommitee Christine Westfall Runyon Woods, Chair, Finance Committee Staff Tara L. Fikes, Orange County Loryn Barnes, Town of Chapel Hill Chris Berndt, Town of Chapel Hill Lanier Blum, Triangle J. Council of Governments Special Thanks The Commmissioners Affordable Housing Task Force extends special thanks to Erin Kobe1~ MPH and Rose Witcher, students at the University of North Carolina at Chapel Hill for conducting focus groups with local housing program clients to better understand their housing needs. 4 Affordable Housing Needs at a Gldnc® The data presented below demonstrate that affordable owner-occupied and rental housing for very-low income (~ 30°~ of median income); low-income (309'°-50% of median income); and moderate-income (51 °~-80% of median income) working families has become increasingly less accessible in recent years. In addition, the current pace of affordable housing construction, maintenance, and rehabilitation is dramatically lagging behind the growing need. This is especially true for affordable rental units. - There are approximately 44,854 households in Orange County, 58% owners and 42% renters. RENTAL HOUSING - Of atotal-18,839 rental households, approximately 6,697 are paying more than 30% of their income for housing costs and 4,455 households are paying more than 50% of their income for monthly housing costs. Rental Households Pay more than 30% income for rent Other rental households 36% f74% Source: Karnes Research Company - The Housing Wage in Orange County is $14.52, higher than the North Carolina wage of $10.16. This is the amount b worker would have to earn per hour in order to be able to work 40 hours per week and afford atwo-bedroom unit at the area's Fair Market Rent (FMR). The current FMR is 282% of the present minimum wage ($5.15 per hours or 172% of the Orange County Ilvlna wage (58.45). H ousln Wa e Location Hourly Wage Needed to Percent As % of Minimum Wage °Afford Change ($5.15/hr.) @ 40 hrs./wk. in 2BR O.ne BR Two BR Three Housing One BR .Two BR Three FMR FMR BR FMR Wage FMR FMR 13R FMR (1999- 2000 ' North 58.60 $10.16 $13.58 1.80% 167°,6 197% 264% Carolina Orange $12.37 $14.52 $19.48 14.57% 240% 282% 378°~ Coun Source: National Low Income Housing Coalition 5 - In Orange County, a worker earning the Minimum Wage ($5,15 per hour) has to work 113 hours per week in order to afford to rent atwo-bedroom apartment. Work Hours/Week Necessary at Minimum Wa a ($5.15) to Afford Location One Bedroom FMR Two Bedroom FMR Three Bedroom FMR North Carolina 67 79 105 Oran a County 96 113 151 Source: National Low Income Housing Coalition HOMEOWNERSHIP Average Sales Price for New and existing homes in 2000 in unincorporated Orange County $235,633 Average Sales Price for new and existing homes in 20001n the Town of Chapel Hill - S2b2,1 b2 Average New Home Sales Price for Single Family Detached Houses in the Town of Chapel Hill $311,255 :s 5ald in orange County Year 2000 ~~ r ~. Number 40• 0 ,.' ~~~y -+~'~-- ,v~, - - .. ;f. ;~ z, . ~: . • ~~ i . i~~:. ~'k~~i~Y~?1'1. R:; ~ $OK• $BOK- $10pK $12pK$140K-$160K$180K S20pK•$?20i($24pK$26pK $S $80K $100K $120K $14DK $160K $780K $200K $220K $240K S260K $280K $' ;,, a House Prloea ~r~F~~ .. ~ 4~1~'Ai~i'~r a' Source: Triangle Multiple Listing Service 6 The number of housing units sold in Orange County during the past four (4) years has declined in every price category except for those priced higher than $250,000. • The number of homes sold at more than $250,000 increased by 42% in four (4) years. • The number of homes sold for less than $79,000 decreased by 55% in four (4) years. Orange County Housing: Sales Price Distribution 1997-2000 Percent Housin Units Price Range 1997 1998 1999 2000 Change: 1997-2000 $0-$79,000 11.6 8.2 7.2 5.2 -55 $80,000-$119,000 l b.7 14.5 14.8 13.1 -21 $120,000-$159,000 15.4 18.5 17.2 15,1 -2 $1 b0, 000-$199, 000 14.8 13.5 15.3 14.2 -4 $200,000-$249,999 14.3 14.4 16.9 13.7 -4 $250,000 and rester 27.3 30.8 34.0 38.6 42 Avers e Price $197,071 $209,208 $218,875 $235,b33 20 Source: Triangle Multiple Listing Services 2001 Chapel Hill Data Book a Additional Significant Findings / In the years between 1995-2000, 399 new units of affordable housing were produced in Orange County. The total cost of producing this housing was 526,507,157. Of that total, $2,495,026 or 9% was provided by locally controlled funding sources. / With one exception, non-profit providers completed all of the affordable housing projects created and renovated between 1995 and 2000. / There is not currently any duplication of services among non-profit providers. Each provider fills a niche in the affordable housing market. / Agencies that receive funding from a variety of sources and which incorporate donations and volunteerism into their programs require less per unit funding and produce units at a lower cost than agencies that rely exclusively on county and local government funding. / The focus group study of clients conducted at three local housing facilities by the Inventory/Needs Subcommittee confirmed the affordable housing need data contained in this report. / The Educational Impact Fee that is collected for all new residential construction in the County poses a potential barrier to affordable housing development. The revenue generated from the fee is used to finance a portion of the cost of new public school space created by new residential growth. Presently, the fee is $3,000 in the Chapel Hill-Carrboro School District and ,5750 in the. Orange County School District. To address this concern, the Orange County Board of Commissioners adopted a Impact Fee Reimbursement Policy that provides funds to reimburse non- profit housing developers that construct affordable housing for low-income families. For-profit developers or individuals are not eligible for fee reimbursement under the current policy. / Fees for public water/sewer service extensions also pose a potential barrier to affordable housing development. In response, in 1998, OWASA implemented a tiered residential availability fee system for homes in five size classes with the lowest tier including homes less than 1701 square feet. There, is currently discussion regarding the inclusion of a new lower tier of service as well. / There is a continued need to combat the myth that affordable housing lowers neighborhood property values. 8 Recommendations 1. Establish short-term (5-year) and long-term (10-year) affordable housing targets for development: Affordable housing targets should fiocus on low income rental families (those below 50% of the area, median Income, Le., $31,400 for a family of 4 in 2000) and increase incrementally over the plan period as both the capacity and commitment of local providers grow and local funding sources are developed. Recommended Short-term Housing Targets % of Median Income(MI)/ Housin Tenure Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Total Number Units Total Public Subsidy @ $20 000/unit X50% MI/Owner X60% MI/Rental 20 50 22 60 24 80 26 100 28 110 120 400 $10 million Subtotals 70 82 104 126 138 520 $10 million 51-80% MUOwner 25 30 36 42 50 183 $4 million Totals 95 112 140 168 188 703 $14 million Given that approximately 12,281 households in the County are experiencing housing problems, 703 housing units addresses approximately six (b) percent of the estimated total housing need in Orange County during the next five (5) years. $14 million in public subsidies will generate $80 million in affordable housing stock. (703 units x $112,000 (estimated cost per unit) _ $$0 million) County bond initiatives, including the current bond monies and a new 2001 bond issue, can be used to finance the recommended housing targets. (Reference: Inventory and Needs Subcommittee Report) 2. Establish an. Affordable Housing Advisory Board for Orange County. The Board would assist the Board of Commissioners with the following: • Prioritizing needs; • Assessing project proposals; • Aid the process of publicizing the County's housing objectives; • Assist in the implementation of the strategies contained in the FY 2001 Commissioners Affordable Housing Task Force Report; • Monitor progress of local housing programs; • Explore new funding opportunities; • Generally increase the community's awareness, understanding, commitment to and involvement in a comprehensive program of initiatives to increase the amount of attractive affordable housing; • Assist in the investigation of residential segregation patterns in the County. • Other housing-related items identified by the Board of Commissioners. (Reference: All Subcommittee Reports) 9 3. Initiate a joint effort between the County and Town governments to engage a concerted and ongoing dialogue with the University of North Carolina at Chapel Hill on issues that affect affordable and accessible housing. Current estimates are that up to 15,000 students live in off-campus housing, a number equivalent to about a third of the total number of county households. (Reference: Inventory/Needs Subcommittee Report) 4. Adopt the revised Evaluation Criteria for the Housing Bond Program as proposed in this report. Housing bond funds should be awarded as soon as a proposal is approved. Housing proposals that score of 60 points indicate projects are well structured and deserve funding. If funds are not available, funds should be raised for all projects scoring above 60 points. (Reference: Finance Subcommittee Report) 5. Adopt affordable housing enabling zoning provisions including enhanced accessory zoning and inclusionary development ordinances. When necessary, the governments should aggressively encourage the_ state legislature to grant the authority to enact these provisions. (Reference: Zoning Subcommittee Report) 6. Acquire land for eventual affordable housing development purposes. There is a dwindling supply of appropriate available land for development in the County and the County and towns should take the lead in acquiring land for future housing development. (Reference: Finance Subcommittee Report) 7. Utilize equity sharing and other methods of limiting housing cost escalation to make and keep housing affordable for future generations of low income households. (Reference: Finance Subcommittee Report) 8. Challenge and encourage all non-profits and for-profit housing providers to share resources and collaborate together on affordable housing projects. Further, these groups should incorporate opportunities for in-kind donations and community support into their programs. Involvement creates consensus. (Reference: Finance Subcommittee Report) 9. Require all new residential and commercial developments in the County and Towns seeking zoning approval and/or permits to contain at least 15% of affordable units (for families at 80% or less of median income) in residential projects or a donation of land for commercial developments. Further, these projects should be exempt from associated prgject development fees. (Reference: Zoning Subcommittee Report) See the attached memorandum regarding recent projects approved by the Council as an example. 10. Declare the Year 2002 "The Year of Affordable Housing" and implement a public education campaign defining affordable housing. (Reference: Education Subcommittee Report) 10 Strategies I. Finance • Seek local government commitment to fund affordable housing initiatives with: • Bonds • Local Property Taxes • Rental. License Fees • Challenge local governments to further avail themselves of the following funds and commit them to affordable housing initiatives: • Economic Development Initiative Funds (EDI) • HUD Section 108 Loan Guarantee Funds • Individual Development Accounts (IDA) Seek state legislation to fund affordable housing initiatives from: • .Corporate Tax Credits Linkage Funds • Restructured Property Taxes • Title Transfer Fees • Reserve Fund Set-asides • Special Taxes Encourage Public/Private Initiatives such as: • Private Placement Bonds • Seattle-style Philanthropy • Affordable Housing-Friendly Foundations II. Land-Use/Zoning • Review the inter-relationship between land use policies and affordable housing relevant to land costs, availability of water and sewer systems, density controls, and government incentives and other policies that influence the development of affordable housing, • Locate new affordable housing where infrastructure is available, especially water, sewer, and public transportation services, and disperse it throughout the County, especially near Jobs, with a range of types and densities of housing in urban and rural areas. • Encourage the preservation, repair and replacement of existing affordable housing stock, by, for example, adopting a maximum size limit for homes In neighborhoods where there is pressure to replace small homes with larger ones. • Balance affordable housing design standards, environmental concerns, and harmony with surrounding neighborhoods and ensure that the design of all housing minimize barriers to accessibility, allowing people to age in place and use materials that conserve energy. Expectations are that the 65 and older population of Orange County will grow from 9,308 to 21,553 by 2020. This is an increase of 131.6% 11 compared to total county population growth of only 38.1 ~. (See Zoning Subcommittee Attachment) Support safely installed and sited manufactured homes as a valuable form of affordable housing, expanding building inspector purview and improving standards for installation. • Provide a safety net for individual mobile home owners when parkland is removed through sale and development or due to health and safety deficits. Work with human service providers to expand services and capacity in shelter, group homes, transitional housing, SROs, assisted living, and other "service-enriched" housing. Towns should locate and reserve suitable sites for these types of housing. III. Education • Utilize a variety of educational formats including brochures, videos, press/media kits, and an Internet website. • provide personalized examples of "eligible" affordable housing consumers in educational materials using demographic data and celebrating successes to address NIMBY concerns of officials, providers, and neighborhoods. • Demonstrate the Importance of affordable housing, the value of diversity for the community, and paint scenarios of what the community might look like if the problem of affordable housing is ignored (based on economic, racial, ethnic and age data). • Produce an annual report on affordable housing availability by cost, numbers in relation to need, and ownership type as well as an Annual Affordable Housing Report Card to keep elected officials and the community up to date and aware of needs and successes. • Pursue a housing information clearinghouse that can be accessed by a hotline and website for individual renters, buyers, sellers, housing developers, media, and officials. Collaboration With UNC-CH Encourage the University to house more students on University land, and assist with the provision of affordable housing for any projected new employees or facilities. Include University officials in all ongoing deliberations in the County and the Towns regarding affordable housing. 12 Further Development Develop and support the capacity of non_profit and other willing providers to cooperatively plan, develop, and maintain affordable rental and owner- occupied low-income housing. Investigate the feasibility of a countywide public-private investment fund. This would be open to public and private institutional and Individual investors, especially area entrepreneurs, public and non-profit educational, religious, and other institutions and foundations, and upper-income earners in the Triangle. The fund would pay a guaranteed low interest rate of return (ranging at the choice of the investor between 0-5%) in order to allow the Fund to make loans to nonprofit low income housing providers at 3 percentage points below market rates. Support the efforts of the Continuum of Care Committee to develop a Continuum of Care Plan is designed to organize and deliver housing and related support services to meet the specific needs of homeless Individuals and families as they move to stable housing and maximum self-sufficiency. Key components of the plan include: outreach/assessment; emergency shelter; transitional housing; and permanent housing. Counties are required to engage in the Continuum of Care planning process in order to access available HUD funding for homeless families. Attachment 13 MEMORANDUM TO: Bill Strom, Council Member 'i FROM: Rob Wilson, Current Development Planner SUBJECT: Affordable Housing DATE: Mazch 28, 2001 Per our phone conversation this morning, you requested a list of the recent projects that the Council has approved, that included an affordable housing component. The list is as follow: Total # # Name of Units/ Affordable Develo ment Lots Units/Lots Miscellaneous Appraved SUP required applicant to renovate 4 Franklin Grove 58 4 existing dwelling units, and make them " ermanentl affordable." Cluster Subdivision. Small dwelling units Pazkside TI 67 17 required per ordinance (15% of units must be 1,100 s.f, or less, 10% of units must be 1,350 s.f. ar less). No regulations regarding cost of units, or ermanent affordabil Providence Glen 192 18 Approved SUP (with rezoning) requires 18 Condos permanently affordable dwelling units. Approved SUP (with rezoning) requires 24 one- Chapel Ridge 180 24 bedroom/one bath dwelling units that shall be permanently available for rent to eligible households (Section 8 vouchers, and/or households earning less than 80 % of the azea ° median income). Please let us know if we may be of further assistance. A~4p~~t as Agreement to Amend the Agreement for Solid Waste Management Orange County and the Towns of Carrboro, Chapel Hill and Hillsborough hereby agree to amend the "Agreement for Solid Waste Management." 1. By deleting the paragraph identified as "Ac ire propertyw" in Part ], and replacing it with the following: Acquai.re,_,,,pronerty The County shall acquire real and personal property as it deems appropriate for System purposes. There-shall be~no restrictions on the County's acquisition of additional ~ acreage at the existing landfill. The Parties acknowledge and support the County's position that as operator of solid .waste operations, it may,. despite diligent efforts to explore alternatives, settle upon the area on and proximate to the existing closed landfill site on Eubanks Road as the location for additional solid waste facilities. The County states its current intention not to acquire, and its recommendation that future County Governing Boards not acquire, any of the properties known as the Blackwood and Nunn properties for System purposes. 2. Sy deleting the paragraph identified as "Effective date." in Part 1 and replacing it with the following: Effective dates. The County will assume solid waste management responsibility on the first day o~ the second Orange County emplb~ree pay period that follows the last completed of the following_two events: (1) the approval by the governing board3of and the execution of the Agreement to Amend the Agreement for Solid Waste Management by the current owners of~~the System; (2) Agreement on the boundaries of the property described in Exhibit E by the Greene Tract Owners. The date the County assumes solid waste management responsibility a.s the effective date of this Agreement. The Parties shall take actions provided for in this Agreement, or which may otherwise be necessary or appropriate, in a timely fashion to permit the County's assumption of solid waste responsibility on the effective date. 3. By deleting Part 5 and replacing it with the following: 5. The Greene Tract will rema,ia a ~,andfill asset. Sixty acres of the Greece Tract will be reserved for System purposes, and the three owners will work together to deterav.ne the ultimate use of the remainder. The Parties agree that the Greene Tract remains a landfill asset. Chapel H~.11, Carrboro and the County (the "Greene Tract Owners") will transfer to the County title to that portion of the Greene Tract described on Exhibit E, which contains approximately sixty acres. The County may use the property described on Exhibit E for System purposes. The County states its current intention not to bury mixed solid waste or construction and demolition waste on any portion of ,the Greene Tract. The County ~ states its recommendation to future County Governing Boards that the County. make no such burial. The deed to this property will a.nclude a restriction prohibiting the use of the property described on Exhibit E .for burying mixed solid waste or construction and demolition waste. The Greene Tract Owners agree to bargain together in good faith and with all due diligence, and to use their respective best efforts, to determine an ultimate use or dispositiion of the remainder of the Greene Tract as soon as possible and in any event by December 31., 2001, or two years after the effective date, whichever is later. During this "bargaining period," no Greene Tract Owner shall make any use of the remaining portion of the Greene Tract without the consent of the other Greene Tract ,Owners. y~ The Greene Tact Owners agree that among the issues to be addressed ~.n the bargaining process are (1) the specific future u$~s, or ranges of use, ~o be made of the remainder of the~~Greene Tract (including issues of devoting different,~portions to d3.fferent uses, devoting portions to public uses and the possibility of making portions available for sale or private use), and (2) whet~ier to impose specific use restrictions, either through deed restrictions or through governmental regulation. The Greene Tract Owners agree that during the "bargaining period" each should provide opportunity for public comment on possible or proposed uses or dispositions. During the "bargaining period," no Greene Tract Owner- shall (1) file any legal act~.on or proceeding to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, mortgage or otherwise transfer all or•any part of its ownership interest in the Greene Tract, - ~ _ _ -~ - in either case without the consent of the other Greene Tract Owners. To the extent permitted by law,. Chapel Hill agrees not to initiate any proceeding to rezone any portion of the Greene Tract during the "bargaining period," .without the consent of the other Greene Tract Owners. .Chapel Hill states its current intent to accommodate any agreed-upon future uses or range of uses of the remainder of the Greene Tract in its Development Code/Ordinances and states its recommendation to future Chapel Hi11 Governing Boards to the same effect. After the "bargaining period" is completed, namely, the day after the last day of the bargaining period, no Greene Tract Owner shall (1.) file any legal action or proceeding to force any-sale or division of the Greene Tract, or (2) .enter into any agreement to. sell, mortgage or otherwise transfer all or any-part of its ownership interest in the Greene Tract, in either case without giving the other Greene Tract Owners at least 60 days' prior notice of such filing or entering into an agreement. In addit-ion, after the "bargaining period" is completed, any Greene Tract Owner may give 60 days' prior notice of an election to be no longer bound by the above restrictions pertaining to the uses of and whether to impose use restrictions on the remainder of the Greene Tract, and such election .shall be effective at the end of the notice period. The Parties agree that any non System use of any portion of the rem~;inder of the Greene Tract or any disposition of any'~ortion of the remainder of the Greene Tract shall result ~",a.n payment- to the County of the Reimbursement Amount,for deposit in the System enterprise fund . '~ ~4. By replacing-the date in the first paragraph of Part 7 with the following: "one month after the effective date of this Agreement." 5. By amending subsection (c) of the "Members; Terms" provision of Exhibit C to the Agreement to read as follows: (c) The first year of the term of each initial member of the Advisory Board shall be deemed to expire on June 30, 2001. Thereafter, each year of the term of an Advisory Board member will run from July 1 through the subsequent June 30, but each member shall continue to serve until such member's successor has been duly appointed and qualified for office, IN WITNESS -WHEREOF, Orange County has caused this Agreement to Amend the Agreement for' Solid Waste Management to be executed in its corporate name by ids duly authorized off icers . ,_... . nissianers STAT$ OF NORTF3 CAROLTNA~ ORANC~B C6'f]'NTY ~„ ',~ 1 /DRANGL CQUNTY, By: D c7 Date Approved by Governing Board CAROLINA r, Board of Cammi - y~,~ /y V~ lI, a Notary Public of such County and State, certify that ! ~1~~51.0~ and ersonally came before me this day and acknowledged that the are the Chair d Cl k, respectively, of the Board of Commissioners of Orange County, North Carolina, and that by authority duly g$.ven and as the act of Orange County, North Carolina, the foregoing instrument was signed in the County's name by such Chair, .sealed with its corporate seal and -attested 'by such Clerk. WITNESS my hand and official stamp or seal, this ~ day of ~_, aooo. [sE2w] CJ~J r Nataxy lic My commission expires: ~a.-- pNUyq zX` ~gP ~O2 ~ g. GAtiI~ ,k; ~o SRN ~~~ ~, O A~ 8 4~G ~ . y, ~, •.....•~''~~,~y. ~. y.,QE c~uN'.•,. ee ~~ ~~Y sMARY OF RECOMMENDATIONS - - ~~ -- - 1. Mandate recycling or reuse of C&D waste in Orange County through use of an ordinance requiring sepazation of at least metal, clean wood and drywall (gypsum): Initially, the mandate may cover only large-scale projects so the homeowner and small contractor aze not overburdened. Crushed concrete and other inert debris should also be considered. A draft of such are ordinance prepared by County staff is attached to this report. 2. Adopt relevant policies anal 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 opportuaities 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 CAD management facility. S. Investigate the possible extent and desirability of involvement in local C&D waste management by the University of North Cazolina at Chapel Hill (LJNC), including how much C&D waste is produced from campus construction and the potential to dixect those materials to a public facility in Orange County. . 9. Conduct a countywide survey to determine the number and location of abandoned and otherwise discarded mobile homes. 10. Promote deconstruction and greenbuilding as sustainable alternatives to traditional approaches. e, 11. The work of implementing C&D task force recommendations should begin as soon as passible .during fiscal yeaz 2000-2001. 3 ~~ ~ ~ _ _ _ _ draft #9-clean-11-16-2000 = AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF REGULATED RECYCLABLE MATERIAL IN ORANGE COUNTY SECTION I. FINDINGS. Orange County, North Carolina does hereby find that: Orange County has heretofore adopted ordinances governing the storage, transportation, and recycling of solid waste within the unincorporated sections of 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, Carrbom, 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-13b, § 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 per-alties 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, 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. _ draft #9-clears--11-16-2000 -. =.- 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 safe 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. S. 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 unreeyclable. SECTION N.: 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. Each vehicle used by the licensed collector or hauler must be registered with the Department. The cost of registering each vehicle ilsed to collect or haul regulated recyclable material pursuant to a regulated recyclable material collection license shall be $25. 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. `Additional mate 'a s rya ~g adde to the list of re ated recyclable materials, including but not limited to: aluminum, drink boxes, laraft 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 mills jugs, soda bottles, steel and tin cans, telephone directories, food waste when exclusively source-separated,for composting, _ draft #9-clean-11-16-2000 = 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. 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 Warne; 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. Liability insurance coverage, proved by providing the Department, at the time that the license is applied for, a certificate of insurance showing coverage in effect at the time of application; D. Name and location of facilities 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 3 __ „~ draft #9-clean-ll.-16-2000 - 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 affuzning 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 Boazd 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. 8. No license issued pursuant to this ordinance is assignable. SECTION ~. PERMITS AND PLANS FOR THE-MANAGEMENT OF REGULATED RECYCLABLE MATERIALS. 1. Any person receiving a building permit and/or a zoning compliance permit fram 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 (RRNIM 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 4 __ __ draft #9-clerxn---1.1-16-2000 _ or remodeling of a project of greater than 500 square feet as determined by the Tnspection Department issuing the permit must also submit a regulated recyclable material management plan (RRNIM 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 RRMM plan at the zoning compliance permitting stage. 3. The RRIVIlVI 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 RRlVIM permit requiring a. RRNIM plan shall be submitted om forms provided by the Department. The RRMM plan shall be accompanied by a $25 processing fee. 5 . A RRM1Vi permit not requiring a RRMM 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 RRIVIlVI plan. The applicant will then be notified of the Department's decision within two (2) working days. A. If the RRMM plan meets the requirements of this ordinance, a RRMM permit will be issued to the applicant. The RRMM 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 RRMM permit. The RRMM permit is nontransferable, and applies only to the project for which the application was made. B. If the RRIVIl~I 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 xnay 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 affxrrning the denial of the permit. The notice shall provide reasons for dermal 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 „_~ draft #9---clean---1.1-16-2000 _ 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 (XO) 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 Depart~hent. 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 far 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 far 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 ordinande, 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 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 6 draft #9-clean-11-16-2000 (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 (3) Failure to obtain an approved RRMIVI permit or plan as defined in this Ordinance. SECTION VII. DEFINITIONS. For the purposes of this Ordinance, the following definitions shall apply: 1. Animal litter. The tenor "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, flee of paint, and free of glues and adhesives. 6. -Collection. The term "collection" means the act of removing solid waste (including construction and demolition waste, land-clearing debris or recyclable materials) from a paint 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 demolltion 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 ar wooden or plastic supports) and cardboard saturated with motor oil or foodstuffs in its normal use before disposal are excluded from this defix-ition. 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. 7 _ __ __ draft #9--clean-11-16-2000 _ . 13. Garbage. The ward "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. 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 matenials or municipal solid waste. 18. Landfall. 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.k'.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 dries 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 woad 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 Far 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. _~ draft #9-clean-.X.l--~6-?000 --_. - 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 canstruction, 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. 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. Iri order to qualify as a recovered material, a material must meet the requirements of N.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 retuxned 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 fifes. The term "scrap tires" means a fire that is no longer suiffible for its original, intended purpose because of wear, damage, or defect. 37. Septage. The term "sepffige" 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. 9 -_ -_ draft #9~leQn----.1.1-16--2000 --_ - 41. Solid waste. The term "solid waste" means construction and demolition waste; regulated recyclable material as designated in this ordinance; yard waste; hazardous ar 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 comrrxunity 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-b8 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 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. 10 -_ _ _ Graft #9--~-clean-fir.-r6-?oo0 _ 47. Storage. The term "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, Clmstxnas trees, pine straw, branches, small logs, twigs, and all vegetative matter resulting from residential landscaping activities. ~ - 11