HomeMy WebLinkAboutAgenda - 04-25-2001-4ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 25, 2001
Action Agen, Ala
Item No. '-(-
SUBJECT: Solid Waste Matters
DEPARTMENT:. County Manager/Solid Waste PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
As noted in "Background" section Gayle Wilson, 968-2800
Geof Gledhill, 732-2196
Rod Visser, ext 2300
TELEPHONE NUMBERS:
Hillsborough 732-81$1
Chapel Hill 968-4501
Durham 688-7331
Mebane .336-227-2031
PURPOSE: To discuss a process for resolving the disposition of the Greene Tract; the
implications of Chapel Hill's proposal to implement apay-as-you-throw financing system far
residential solid waste collection; and a proposed County ordinance regulating recyclable
materials.
BACKGROUND:
Dis~ositi_on of the Greene Tract
The solid waste .management interlocal agreement approved in September 1999 between the
County and the municipalities provides fora "bargaining period" during which the owners of the
Greene Tract are to work to resolve how the remaining 109 acres of that property will be used.
Orange County and Chapel Hill each have a 43 percent interest in the property, while Carrbaro
holds the remaining 14 percent interest. The agreement also establishes a mechanism for
calculating the reimbursement due to the Solid Waste/Landfill Operations Enterprise Fund if the
owners decide not to use the property for solid waste system purposes. The general uses
suggested by the County and the Towns of Carrboro and Chapel Hill include open space,
affordable housing, and Schaal site. Based on guidance from the Chair and Mayors, the County
and Town Managers have collaborated to draft a proposed framework and timetable for the
three local governments to decide to what uses the remainder of the Greene Tract should be
put.
This issue was scheduled for discussion at the April 19 Assembly of Governments meeting, but
there was insufficient time at that meeting to address the topic. The Board may wish to review
and revise the proposed process, and schedule for the May 1 regular meeting adoption of a
resolution that would establish the process and timetable for the governing boards to make
decisions about the uses of the Greene Tract.
Attachments
• 4/01 Potential Framework for Determining the Disposition of the Remaining 109 Acres of
the Greene Tract
• 3/00 Agreement to Amend the Agreement for Solid Waste Management
• 9/99 Solid Waste Agreement Extract -Definition of "Reimbursable Amount"
Town of Chapel Hill's "Pav As You Throw" Proposal
In December 2000, the Chapel Hill Town Council approved a resolution that indicated the
Town's interest in implementing a "pay-as-you-throw" (PAYT) financing mechanism for
residential solid waste collection in the Town of Chapel Hill. In mid-January 2001, Mayor
Waldorf wrote to the County Commissioners requesting input from the BOCC regarding the
County solid waste system's ability to support implementation of the Town's PAYT proposal
through July 2002. Solid Waste Department staff prepared an analysis of the implications of
the Town's request. The County's Solid Waste Advisory Board (SWAB} reviewed and
discussed the Town's proposal and the staff analysis in February and March, providing
comments in a memo to the BOCC but reaching no specific recommendation as to whether or
not to support the Town's request.
Staff strongly supports the concept of PAYT as an effective tool for the County and Towns to
use in pursuing the goal of 61 percent per capita solid waste reduction by 2006. However, staff
believes that PAYT will be mare effective if it is pursued collectively by all jurisdictions in a
coordinated manner in accordance with the Solid Waste Management Plan framework that was
approved by all governing boards in 1997 and updated per State statute in 2000. The solid
waste system resources are also constrained in their ability at this point in time to accommodate
the higher volume and broader spectrum of recyclable materials that would be needed to make
Chapel Hill's move to PAYT more effective.
Staff proposes to draft a letter that will respond to the points enumerated in response to Chapel
Hill's January request. The Board could review, edit as needed, and approve that letter at this
April 25 work session. The draft response will be prepared and distributed to the Board under
separate cover prior to the work session.
Attachments
• 1/16/09 Letter from Mayor Waldorf
• 3/8/01 Memorandum from SWAB Chair
• 1/22/01 Memorandum from Solid Waste Management Director Memo
• 4/26/01 Draft Letter from Chair to Mayor Waldorf (to be provided under separate cover)
Ordinance Regulatina Recyclable Materials
In ,1999, the BOCC authorized creation of a construction and demolition (C&D) waste recycling
task force. That task force completed its work with a report to the BOCC presented in August
2000. A key task force recommendation was passage of an ordinance regulating recyclable
C&D Materials. This ordinance requires staffing, facilities development, and coordination with
other departments and governments within Orange County, as well as the regulated community
of developers and waste haulers.
The draft ordinance attached has potential to regulate both recyclable C&D materials and other
materials with a goal of keeping those materials from being landfilled and requiring that they be
separated for recycling instead. The proposed ordinance regulates on-site separation, requires
submission of materials management plans for large construction projects, and licensing of
waste haulers to haul the separated regulated materials. Passage of the ordinance would
significantly alter the ways in which construction and demalition waste is managed in Orange
County and has the potential to reduce the amount of material landfilled if properly implemented
and administered.
Solid Waste staff and the County Attorney are collaborating to make revisions to the November
2000 draft of this ordinance that reflect direction from the Board and input received from
persons who would potentially be affected by the ordinance. Staff will report on activities
related to ordinance development since November 2000, and proposed allocations in the 2001
02 Solid Waste budget related to implementation of the proposed ordinance.
Attachment
• 11/16/00 Draft of "An Ordinance Regulating Recyclable Materials and Licensing the
Collection of Regulated Recyclable Material in Orange County"
FINANCIAL IMPACT: There are no direct financial impacts associated with the discussion of
the issues included on this work session agenda item. However, there will be significant fiscal
impacts measured in hundreds of thousands of dollars when the BOCC and other governing
boards make decisions at some point in the future about the disposition of the Greene Tract,
implementation of pay-as-you-throw programs, and implementation of enhanced construction
and demolition waste recycling under the proposed ordinance.
RECOMMENDATION(S): The Manager recommends that the Board:
• discuss the listed topics;
• provide feedback regarding revisions, if any, to the proposed framework for resolving the
disposition of the Greene Tract;
• review, revise as needed, and approve the letter to be sent to the Town of Chapel Hill
regarding their .request about implementation of a residential solid waste PAYT program;
and
• provide other direction to Manager, Attorney, and staff as appropriate.
DRAFT apr~~ zoos ~
A POTENTIAL FRAMEWORK FOR DETERMINING THE DISPOSITION OF
THE REMAINING 109 ACRES OF THE GREENE TRACT
One element of the interlocal agreement on solid waste management consummated in
September 1999 was the transfer of 60 acres of the Greene Tract (owned jointly by Orange
County and the Towns of Carrboro and Chapel Hill) to Orange County as a condition for the
County's assumption of overall solid waste management in Orange County. The interlocal
agreement established parameters that would impact the manner and terms under which
some or all of the partners might divest themselves of their respective interests in the
remaining 109 acres of the Greene Tract. Further, the agreement established a timeframe
far the partners to try to resolve the ultimate disposition of the remaining property -within two
years of the County's assumption of responsibility - by April 2002.
The following suggested process far resolving the Greene Tract disposition was developed
largely on the basis of discussion in late November 2000 between Chair Moses Carey of the
Orange County Board of Commissioners, Mayor Mike Nelson of Carrboro, and Mayor
Rosemary Waldorf of Chapel Hill. Geheral uses discussed for some portion of the property
include open space, affordable housing, and school sites. The suggestion was made that all
partners specifically indicate the intent not to use any portion of the remaining 10.9 acres of
the Greene Tract for solid waste purposes.
• All three governing boards adopt a formal resolution affirming the general proposed uses
of the property, as mentioned above, and the proposed process
• Jointly appoint a working group comprised of two elected officials and the Planning Board
chair and vice-chair from each of the three entities -large enough to develop diverse
options while small enough to work efficiently
• Each Manager assigns specific staff to support the work group in planning different
options, consistent with the general direction from the three governing boards
• Include plans to hold a public forum on the general uses affirmed by the three governing
boards during the early part of the process
• Consider the use of consultants to assist in developing a realistic site analysis and
preliminary land use plan
• Refer the options developed to each of the three jurisdictions' Planning Boards for
comment
• Try to develop options that provide as much specificity as possible (e.g, roadbeds, utility
lines, drainage, building footprints; buffers, etc) -this is an area where consultant
expertise could be most helpful
• Target completion of the work group recommendations by October 2001
• Target reaching agreement among all three governing boards on the disposition of the
remaining 109 acres between February -April 2002
5
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." .
].. By deleting the paragraph identified as "A_~quire
pro~erty_° in Part 1 and replacing it with the following:
Acquire property. 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 a.s operator of solid .waste operations,. it
may, despite diligent efforts to explore alternatives;
settle .upon the area ozi 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. By deleting the paragraph 3.dentified as "Effective
date." in Part 1 and replacing it with the following:
effective dat~~ The County will assume solid waste
management respons ~ility on the first day of the second
Orange~County emplta".ee pay period .that follows the last
co~tipleted of the fc~~lowing two events: (1) the approval by
the governing boa~i~~of and the execution of the Agreement
to Amend the Agreemer~.t for Solid Waste Management by the
current owners of~"the System; (~) 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 is 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 Greece Tract w311 remain a landfill asset. Sixty
acres of the Greece Tract will be reserved. for System
6
purposes, and the three owners will work together to
determine the ultimate use of the reataiader.
The Parties agree that the Greene Tract remains a
landfill asset.
Chapel Hill, 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 Hoards that the'
County make, no such burial. The deed to this property will
include 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 dilige~ice, and to use .their
respective best efforts, to determine~an ultimate use or
disposition 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.
,•
The Greene T~"~.ct Owners .agree that among the issues
to be addressed ~i~ the bargaining process are (1) the
specific future uses, or ranges of use, to be made of the
remainder of the;~~Greene Tract (including issues of
devoting different,~~portions to different uses, devoting
portions to public uses and the possibility of making
portions available for sale ~ or private use) , and (2)
whet~.er 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 action or proceeding to force any
sale or division of the Greene Tract, or (2) enter into
any agreement to sill, mortgage or otherwise transfer all
or•any part of its ownership interest in the Greene Tract,
- .._ _ . ~. _ -. - 7
-_ ~ - .
in either case without the consent of the other Greene
Tract Owners. To the extent permitted by law,. Chapel Hill
agrees not to initiate anyproceeding 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 Hill 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 ~.ts 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 addition, 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 remainder of-the Greene Tract or any .
d~.sposition of any'~ortion.of the remainder of the Greene
Tract shall result',%n payment•to the County of the
Reimbursement Amvur~~,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 its duly authorized
officers . . ~..._ •
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lSl~ 1F ~¢~'~'y ~ ... ~ ~ Q C.J
~ ~~_ ~ '' Date Approved by
tx ! ~ ~
ez i Goveraing Soard
A 5T: ~ "!~' ~~'~/ORANGE COIINTY, NO~~CAROLTNA
Hy c V~''d~
Chair, Soard of
5TAT8 OF NORTH CAROL]2+TA= OxA1~GS CONY ~ vf~~ . p
i, a Notary Public of such County and State, certify that I n~~s ` ~ ~d
V~ l erso~sally came.beEore m~ this day and acknowledged that the are the
Chair d C1 k, respectively, of the Board of Commissioners of Oraage County, North
Carolina, and that by authority duly gives sad as the act of Orange Country, North
Carolina, the foregoing instrument was signed •ia the County~e same by such Chair,
-sealed with its corporate seal sad attested ~y such Clerk.
~TNLSS my hand and p~fiCial stamp or seal, this ~ day of rudr-~c,,l~,
2000.
(SEAL]
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Notary lic .
My commission expires: ~a.- - Q
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"Reimbursement Amount° means, (1) in the case of disposition to ay
North Carolina local government that is also a Party, so long as that
government devotes the transferred portion to public purposes, (a)
$606,623, being the original purchase price of the Greene Tract,
multiplied (b) by a fraction, the numerator of which is the number of
whole acres of the Greene Tract being disposed and the denominator of
which is 169, plus (c) uncompounded interest on the product of (a) and
' (b) at the annual rate of 6.00 from March 30, 1984, to the effective
date of any disposition, and (2) in the case of any other dispositioa,
the greater of either (a) the Reimbursement Amount to a North Carolina
local government that is also a Party, or (b) the net proceeds of a
sale after the costs o£ the sale are paid.
"' "3o13d Waste° means all materials accepted by the County for
disposal at System Management Facilities, as the same may be
established and amended from time to time under the Solid Waste
Management Plan and Policies (subject t_a, the provisions a£ Part 2
which authorize the County to refuse too- accept for disposal any
material ar substance which the County re,a'sonably determines is barred
from such disposal by any applicable :law or regulation or the
restrictions a£ any permit), other than County Recyclables.
;;
"solid Waste Management Plan asxd Policies" means, the combination
of (a) the Integrated Solid Waste Management Plan, and all future
modifications of that Plan, which is the report submitted pursuant to
law to State authorities describing the long-term plan for solid waste
management, which the County, as designated lead agency, Files on
behalf of the County and the Towns, and (b) the Solid Waste Management
Policies, which are, collectively, all policies related to the System
and coordinated solid waste management for the County, the towns and
the persons and organizations in their jurisdictians,• as the same may
exist from tti.me to time (including all such policies in effect as of
the date of this Agreement). The term "Solid Waste Management Plan and
Policies" thereby encompasses all policy chozces, as in effect from
time to time, related to the management and operation of the System.
"State" means the State of North Carolina.
"System" means all assets, including bath real and personal
property, used from time to time in the conduct of the functions of
collecting and processing County Recyclables, reducing solid waste,
disposing of Solid Waste and mulching, composting and re-•using Solid
Waste, and includes both (a) the Existing System Assets and (b) all
moneys and investments related to such functions.
"System Debt" means all obligations for payments of principal acid
interest with .respect to borrowed money incurred or assumed by the
County in connection with the ownership ar operation of the System,
without regard to the form of the transaction, and specifically
including leases ar similar financing agreements which are required to
be capitalized in accordance with generally accepted accounting
principles. System Debt is °Outstaudiag" at all times after it is
issued ar contracted until it is paid.
18
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TOWN OF CHAPEL HILL
3O6 NORTH COLUMBIA STREET
CHAPEL HILL, NORTH CAROLINA 27S 15
OFFICE OF THE MAYOR
January 16, 2001
Mr. Stephen Halkiotis, Chair
Orange County Board of County Commissioners
P.O. Box 8181
Hillsborough, North Carolina 27278
Deaz Ch,kiotis: ~]~/~/
(919) 968-2714
FAX 919-969-2063
The Town of Chapel Hill is considering implementing a "Pay As You Throw" system
(PAYT) for residential refuse service. At our meeting an December 1.1, 2000, the Council
passed a resolution requesting that we seek information from the Orange County Boazd
of County Commissioners related to recycling services that likely would be affected if the
Tawn were to implement such a system.
In our discussions, we aze considering an implementation period over the next two years,
through the summer of 2002. Preliminary analysis of the possible impacts of such action
indicates that we could realize an increase of 8 - 13% in quantities of residential refuse
that would be recycled. This could result in an increase of SSO to 900 tons annually,
based on our residential waste stream in fiscal 1999-2000.
We would appreciate your consideration and response to the following key issues:
1. What changes, if any, would be required to accommodate significant increases in
quantities and types of recyclables if the Town were to adopt a PAYT system?
2. Could these changes be implemented over the several year period, through the
summer of 2002, in which such a system would be implemented?
10
Our Public Works staff members are available to provide additional information related
to this request.
1'
Thank you for consideration of this matter.
Sincerely,
~n,~~~t
Rosemary Waldorf, Mayor
C: Board of County Commissioners
John Link, County Manager
._~. draft #9 --clean-•-11-16-2000 -
-' 12
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, Carrboro, Hillsborough, anal Mebane have heretofore
adopted and followed separate ordinances for the regulation of solid wastes within their
respective jurisdictions; and
Siting and permitting of construclion and de~malition and sanitary landfills has become
increasingly difficult; the disposal of solid waste and construction aad 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 .
constt action and demolition waste as part of its awn .solid waste reduction goal of 61 % by the
year 2006; and
Construction and demolitioxi 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, grid § 130A-309.09B, to enact reasonable police
power regulations with respect to the disposal of solid waste including recyclable material, land-
clearing debris that is not sold as timber or~ chipped for use onsite or sale, and to provide
reasonable penalties and other provisions for the enforcement thereof,
NOW THEREFORE be it ordained by Orange County as follows:
SECTION II. PURPOSE AND APPLICATION.
The purpose of this ordinance is to regulate the storage, collection, transportation, use,
disposal and other disposition of regulated recyclable material iin 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.
-_r~, .draft #9--clean-I1-16-2000 _. = -
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 aiat~erial,
(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 ar
along any street or highway or an public or private property, unless such material is placed in
a receptacle, placed at a location designated by the County, Carrboro, Chapel Hill,
Hillsborough ar Mebane for the deposit of regulated recyclable material, or otherwise placed
in possession and control of a licensed collector of regulated recyclable material.
5. A,ny 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 far the collecting or transporting.
6. No person may dispose of solid waste through open burning im Orange County.
7. Na person may contaminate regulated recyclable materials sa as to make them umecyclable.
SECTION IV.: LICENSING COLLECTORS OF REGULATED RECYCLABLE
MATERIAL.
1. A,ny 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 ~Ysed to collect or haul regulated recyclable material pursuant to a regulated recyclable .
material collection license shall be $~5.
A. Collecting or otherwise hauling regulated recyclable material within the County in
any vehicle with a gross vehicle weight of nine thousand (9000) pounds ar greater
without a valid license constitutes a violation of this ordinance,
~ Additional mat s ~ be added to the i~t~of re~la,_ted recxclable materials, ' c udin but dot limited
to: alum'"~ 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 mills jugs, soda bottles, steel and tin cans, telephone directories, food
waste when exch~sively source-separated fox 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 far .purposes of recycling, or which contain regulated recyclable
material commingled with non-recyclable waste or solid waste, nor shall such person
transport or accept far 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 compartinent 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 far
use in regulated recyclable material collection, including motor vehicle license tag
numbers;
C. Liability ~ri~r~nce coverage, proved by providing the Departanemt, at the time that
the license is applied for, a certificate of insurance showing coverage in effect at the
tine 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 ate 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 nr-anner consistent with this
ordinance. A condition of the license shall be that the licensee shall serve every
3
.__ draft #9-clean-11-,~6-000 - ~ ~
person in such a manner that the licensee does not cause the person served to be in
violation of this ordinance.
B. Tf 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
Deparirnent 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 far a further
determination consistent with the remand order.
C. A license shall be valid far 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.
S. 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 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 (RRMM permit) far 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 ar deconstruction, construction
draft #9--clean-11-16-2000 ~ 6
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 RRMM Akan at the zoning
compliance permitting stage.
3. The RRNIlVI plan shall provide estimates of the amount and types of s~ilid 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 RRlVIl1~! permit requiring a RItMM plan shall be submitted on forms
provided by the Department. The RRIVIlVi plan shall be accompanied by a $2S processing fee.
5 . A RRMM 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 RR1vIlvi 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 RRiVIl17 permit. The RRMM permit is nontransferable; and
applies only to the project for which the application was made.
B. If the RRMM' 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. weeds after
the hearing shall give the applicant written notice of the decision either granting the
permit or affuYning the denial of the permit. The notice shall provide reasons for
denial if the Director sustains the Department's denial. The Solid Waste
'141anagement 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---11-16-2Q4~ _.
the violation and be informed that if another violation actors 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 an the appeal, the Soard shall either
affum the revocation ar direct the Solid Waste-Management Department to reinstate
the license.
D. A total of five (S) 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 ($S00) dollars ar 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 ($S00) dollars as provided in N.C.G.S. § 1S3A
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 withN.C.G.S. § 1S3A-123.
S. 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
_ _ draft #~cle~zn-.X 1-~6 X000 ~ _
(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 ox more $500
(3) Failure to obtain an approved RRMIVI permit or
plan as defined in this Ordinance.
SECTION VII. DEFINITIONS.
For the purposes of this Ordinance, the following definitions shall apply:
1. Animal litter. The term "animal litter" shall mean droppings from cats, dogs; birds, or other
animals and material used in pens, cages, or animal boxes.
2. Ashes. The term "ashes" shall mean refuse resulting from the burning of.wood, coal, conk ar
.other combustible material which has no live embers. .
3. Board. The term "Boazd" shall refer to the Board of Commissioners of Orange County.
4. Bulk material. The term "bulk container"' shall mean a tightly constructed metal, plastic or
other material container of two (2) cubic yards or greater capacity and of a design approved
by the County manager as being capable of being emptied by equipment.
5: Clean wood waste. The term "Clean wood waste" means wood waste from construction and
demolition activity that is not treated, free of paint, and free of glues and adhesives.
6. Collection. The term "collection" means the act of removing solid waste (including
construction and demolition waste, land-clearing debris ar recyclable materials) from a point
of generation to a central storage point or to a disposal site, and from a central storage point
processing center to a disposal site.
7. Construc#on and demolitfon waste, The term "conislruction and demolition waste" shall
mean solid waste resulting generally from construction, remodeling, repair, or demolition
operations aai pavement, buildings, or other structures.
8. Corrugated cardboard. The term "corrugated cardboard" means three-layered cardboard
material with a middle, wavy layer. Norirecyclable cardboard, such as waxed boxes,
cardboazd adhered to packing material (such as Styrofoam or wooden ar plastic supports) and
cardboard saturated with motor oil or foodstu$s in its nom~al use before disposal are
excluded from this definition.
9. Department. The term "Department" means the Solid Waste Management Department.
10. Department Dfrector. 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 ar on any land or water so that the solid waste or
any constituent part of the solid waste may enter the environment ar by emitted into the air or
discharged into any waters, including groundwaters.
12. Food waste. The term "food waste" means food that has been prepazed for human
consumption and was not served or otherwise used for food.
18
- ._ draft #9---clean-~--11-~ 6-2000 ~ _ ~ ~ ~
13. Garbage. The word "garbage" means all putrescible wastes, including animal offal and
carcasses, and recognizable industrial by-products, but excluding sewage and human wastes.
14. Hazardous waste. The term "hazardous waste" means a solid waste, ar 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/lay-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
nuscellaneous 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.
1$. 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, ar 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 msearch 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
constructi[~n and demolition waste and land clearing and inert debris waste. Municipal solid
waste dies 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, ar solid waste from mining or agricultural operations.
21. Non-reusable wood waste. The tenor "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.
draft #S~clean---11.-16-2000 _. - 2 ~
.-.~
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, ar 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 `~utrescible" 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~cazcasses.
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. RCR~1. The term "RC1tA" means the Resource Conservation and Recovery Act of 1974,
]?ub.L. 94580, 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 recycked, and has been diverted or removed from the sokid
waste stream for sale, use, ar reuse. In order to qualify as a recovered material, a material
must meet the requirements of N.C.G.S. § 130-309.OS(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 ail, newspaper, office paper, scrap, paper, plastic bottles including mills jugs,
soda bottles, steel and tin cans, tekephone directories, yard debris, cooking grease, clean wood
waste, rubble, food waste when exclusively source-separated for composting, and other
materials as maybe specified by the Board of County Commissioners.
-33. Recycling. The term "recycling" refers to the process by which solid waste or recovered
materials are colkected, 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.
3d. Scrap ties. The term "scrap tires" means a fire that is no longer suitable for its original,
intended purpose because of wear, damage, ~ 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 firom 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, commerciak, institutional or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility, or any other waste having similaz
characteristics and effects.
40. Small dead animals. The term "small dead animals" shall mean animals under 125 pounds.
9
-.-_. - draft #9---cle¢n-11-~6-000 _ -_
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 far
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 far 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). 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 wcfste 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.
4S. Solid waste management. The term "solid waste management" means the purposeful,
systematic control of the generation, storage, collection, transport, separation, treatrnent,
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
22
MEMORANDUM
TO: Orange County Board of Commissioners
FROM: Roger Barr, Chair
Solid Waste Advisory Board
SUBJECT: Digest of SWAB Comments on Chapel Hill's PAYT Proposal
DATE: March 8, 2001
At our ranuary meeting, we discussed a response to the Town of Chapel Hill's
memorandum analyzing Pay As You Throw (volume-based waste disposal) in the Chapel
Hill residential sector. This memorandum summarizesour comments and concerns with
respect to Chapel Hill's proposal. The overall message was that the SWAB reached no
clear consensus position on endorsing or~opposing PAYT in the Chapel Hill residential
sector.
The SWAB discussed PAYT extensively; the following themes emerged from the
discussion:
• There were overall protocol concerns regarding how to discuss this (and other issues)
with other government entities including:
- is the SWAB to communicate directly with the Town of Chapel Hill and with
whom in the Town if at all,
- what the interest of the SWAB is in the Town's policies,
- the relationship of the Town to its SWAB members in terms of communicating
Town solid waste policy concerns, i.e. is the Town providing the SWAB members
with its intentions to communicate to the SWAB or are SWAB members acting
on their own,
- what is the relationship of the Town's SWAB members to the SWAB as a whole
i.e. are the acting as individuals from the jurisdiction of Chapel Hill or are they
representing a clear Town policy position to the remainder of the SWAB.
The PAYT concept could succeed if done in the proper sequence and in coordination
with the other Orange County governments. There were concerns about a single
government undertaking this policy in a single sector only.
• There is concern about waste crossing jurisdiction boundaries or sectoral boundaries
(i.e. into commercial dumpsters) or otherwise being dumped illegally so people can
avoid paying the fees.
• Issues of equity were raised over the PAYT concept and also whether using this
method of raising funds constituted "double taxation" if the Town continued to
Z~
charge the same property tax rate which already includes a cost for solid waste
collection and disposal.
• There was some support for implementing PAYT by the Town now without waiting
for others to do so. It is a proven waste reduction strategy in other places and that not
proceeding out of fear of failure, would undermine an opportunity to fiuther reduce
waste in Orange County. This small-scale implementation is also an opportunity to
get some information on how well PAYT works before implementing it more
broadly.
• There were concerns about measuring the true impact of PAYT on total volume of
waste disposed because some waste might just be shifted to other sectors or other
jurisdictions, but counted by the Town as reduced.
Staff indicated that the SWAB had options in its recommendations to the BOCC for
financing various solid waste activities and explained how PAYT could be a fmancing
option as well as a strategy for waste reduction.
Overall, we did not have a single recommendation to the Board of County
Commissioners regarding the Chapel Hill PAYT proposal.
24
MEMORANDUM
TO: John Link, County Manager
FROM: Gayle Wilson; Solid Waste Management Director
SUBJECT: Staff Assessment of Chapel Hill Proposal for Residential Pay-As-You-Throw
Solid Waste Collection
DATE: January 22, 2001
This memorandum provides observations and assessment of the Town of Chapel Hill's proposal
regarding residential Pay-As-You-Throw (PAYT) in Chapel Hill.
Background
Solid Waste Staff and I have reviewed the report prepared by Chapel Hill Public Works
Department staff regarding the possible implementation of a PAYT system for the single-family
residential sector in Chapel Hill. They recommend avolume-based system based on purchase of
tags to be affixed to garbage bags. They estimate the cost of such a program to be $0.50 to $0.60
per bag/tag for disposal only and up to $2.00 per bag/tag to cover the cost of collection and
disposal using fees only, no tax revenues, unless there were a revenue shortfall from the fee
system. The report suggests implementing the system at the completion of the shift to curbside
waste collection, anticipated in spring 2002.
The report recognizes that some of the reduction in solid waste will result from a shift of
materials to recycling, an estimated 500 to .900 tons per year. This would be expected to cause
increases in the volume for recycling programs at both the curb and drop-off sites.
The resolution accompanying the report requests that the County advise the Town on what
changes would be necessary in the current recycling program to accommodate more recycling
tonnage and participation, given the Town's projected PAYT implementation timetable and what
issues would need to be resolved to ensure the greatest chance of success.
Orange County staff analysis of the current residential waste stream coupled with experience of
others who have implemented PAYT in other regions where there was already a mature
residential recycling program, leads to a conclusion that the Town could divert a range of 550 to
900 tons ($% to 13%) of additional recyclables from this sector. (That is a 1 percent to
1.5 percent reduction of total municipal solid waste currently landfilled from Orange County).
According to 1999-2000 SCS' waste stream study, an estimated 2,000 tons of total potential
recyclables now remain in Chapel Hill's residential waste stream, using the current recycling
system. About half of that 2,000 tons is recyclable only at dropoff sites under the current
recycling structure. Thus PAYT may impact dropoff as well as curbside recycling as citizens
strive to minimize the amount they pay for disposing of.
D1SCi1SS10Il
Solid Waste management staff strongly supports the use of PAYT programs as a proven way to
reduce the amount of waste landfilled and create incentives to recycle. Staff believes that
implementation of PAYT programs will be most effective if they are done in the sequence of the
adopted Orange County solid waste plan. Staff believes that targeting a single sector in only one
jurisdiction, as is proposed in the attached memorandum from the Town, may present unintended
consequences, operationally and financially, and compromise the overall effectiveness of
planned efforts at waste reduction.
In June 1997, all the local governments in Orange County endorsed goals and a solid waste
management plan designed to reduce the total amount of Orange County's waste that is
landfilled per capita by bl% by 2006. They reaffirmed that approach in the state-required 2000
update to the plan. That plan included consideration of regulatory/incentive measures such as
"pay as you throw" or mandatory recycling only after implementing the two significant previous
steps of implementing universal recycling collection and expansion of materials processing
capability.
Given a different recycling infrastructure, as proposed in the adopted solid waste plan, more
materials from more sectors are potentially recyclable at the curb as well as at drop-off sites.
Thus, potential impact on reducing the overall County solid waste landfilled is projected to be
considerably greater using the proposed plan rather than implementation of PAYT in only one
jurisdiction in one sector.
The currently adopted plan was the result of several years of work by all jurisdictions and could
result in significant reductions to Orange County's solid waste stream by systematically
providing alternatives to landfilling by targeting more recyclable materials in more sectors,
jointly in all jurisdictions. Once these new enhanced recycling collection and expanded
processing services are in place, the regulatory approaches such as PAYT or mandatory
recycling could reach their maximum effectiveness. Staff also believes commercial recycling
collection must be included because of the high, but as yet unrealized potential for recycling in
that sector.
Orange County Solid Waste Management Department staff has detailed some key issues below
that we believe are best resolved prior to the Town proceeding with its planned PAYT program.
Staff has previously raised these issues in its discussions with Town of Chapel Hill staff
A. Impacts of PAYT on curbside recycling services
Operational Impacts
• Current program users adding more materials to their bins thus increasing the
weight/volume per bin collected and decreasing the number of homes served per
z
26
collection route before going off-route to dump, assuming current equipment capacity
is retained.
The PAYT program may cause new participants to join the program. While staff now
estimates a participation rate as high as 90% in the Chapel Hill routes of the urban
curbside program, some of the 90% may begin setting out mare materials and some
of the 10% ofnon-participating households may now begin setting out materials thus
adding to the collection weights/volumes.
• Potential increases in recycling contaminants could result as people attempt to reduce
their waste disposal costs by putting non-recyclable materials in their recycling bins.
• Potential for increased inefficiency in recycling routing. If a particular chamber for
one type of curb-sorted recyclable fills before the rest of the truck is full, the truck
must leave the route, dump the full chamber and return to the collection route.
Cost Impacts
Staff assumes, based on the experience of others, that PAYT would result in more
recycling, which would cost more than we currently spend per stop. Waste
Industries, our curbside contractor, has quoted to solid waste staff an estimated cost
increase of approximately $0.50 per potential participating household per month
where they assume a projected 10% increase in recycling volumes and weights as a
result of PAYT. With 9,900 Chapel Hill stops in the recycling program, that is
$60,000 annually. A diversion of 550 to 900 tons from the Orange County landfill
would bean annual tipping fee savings to the Town of $23.,100 to $37,800.
• An additional indirect curbside recycling cost could include the need for more
intensive recycling education. That cost is not yet determined.
B. Impact of PAYT on dropoff site recycling
O erational lm acts
• Increased frequency of service due to more recycling in response to PAYT.
• Increased cleaning needs and illegal disposal.
• Increased contamination could lower the value of materials and/or increase processing
costs of materials collected.
3
z;
Cost Im acts
Cost of total increased frequency of site service is difficult to estimate. Staff
determines that hauling each box of mixed paper to market takes a mitumum of one
hour at $50 per hour ($109 when contracted out). Each container of cans and bottles
takes one hour to service at $50 (or $71 when contracted) and three hours to sort and
process (about $50 additional). Because several materials, including corrugated
cazdboazd and mixed paper, are collected only at dropoff sites, it is difficult to
determine the impact of PAYT on dropoff collections.
An estimated 900 tons of residential recyclables from Chapel Hill of the types
currently collected only at dropoff sites are now landfilled. PAYT could cause some
fraction of that tonnage to shift from waste disposal to recycling. In addition some
curbside program users recycle theix curbside materials at the dropoff sites.
• Site cleaning is currently a one man-day per week task, which could increase due to
anticipated illegal dumping and increased incidental littering at the dropoff locations.
C. Impact of PAYT on the current solid waste drop off services at the Solid Waste
Convenience Centers (SWCC).
Operational Impacts
Under current solid waste management structure, Town residents, as County
taxpayers, have the right to use County Solid Waste Convenience centers for waste
disposal as well as recycling. Town residents who wish to legally avoid additional
waste disposal costs under PAYT, might deposit their waste at the SWCC's thus
decreasing their own costs while increasing the County's disposal costs and workload
at the convenience centers.
The SWCC at Eubanks Road is closest to Town limits and therefore the one most
likely to be used. Waste disposal capacity has already been reached on the weekend,
with dumpsters reported by Orange County Public Works staff to often be full by
Saturday afternoon before the Center closes. Traffic already backs up onto Eubanks
Road on busy weekends. Additional traffic might cause some increased need to
manage vehicle flow safely as well as tax the ability of the center to absorb the
increased volume of material.
Cost Impacts
• The cost impact of this type of waste shifting is indeterminate at this time.
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D. Impact of PAYT an the commercial waste sector.
O erational Im acts
There maybe some illegal disposal by Chapel Hill residents in commercial waste
dumpsters in Town and also in other jurisdictions that are not subject to the PAYT
program. While the direct impact on the County is minimal from these activities,
except where County-controlled dumpsters aze used, this type of illegal dumping is a
general concern when PAYT is implemented.
"Cost Impacts
• The cost impact of this type of waste shifting is indeterminate at this time although it
is likely that residents could deposit materials in commercially serviced dumpsters
within Town limits, thus shifting disposal costs only to another Town sector, not
reducing them. Waste could also shift to dumpsters and other containers in other
jurisdictions, thus shifting the cost burden to that jurisdiction or to the hauler
servicing the container.
E. What is the basis for the Town's decision to consider PAYT
Is the objective of the fee primarily to influence behavior to reduce waste or
primarily to raise money for providing waste management services? If waste
reduction is the primary goal, Orange County Solid Waste Management has a direct
interest in the Town's policy and its compatibility with the current Solid Waste
Management Plan. If raising revenue is the primary goal, the County's primary
interest is only the poteritial cost impacts on its programs and how those will be paid.
• Will PAYT fees charged be sufficient to change behavior? The Town's analysis
shows that to cover the costs of disposal only, the costs per bag would be as low as
$0.50. That small cost might not influence many people to change their waste
disposal behavior.
Summary and Conclusions
The proposal by the Town of Chapel Hill to consider PAYT in its residential sector is potentially
an effective waste reduction tool but it is not being considered within the context of the timing of
the solid waste plan framework previously adopted by all the governments.
Staff believes PAYT could be most effective if implemented in the sequence proposed in the
plan that first includes expansion of recycling to commingled and an expanded list of materials
and sectors coupled with improved processing capability followed by implementation of
regulatory and/or incentive measures such as PAYT and mandatory recycling.
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Adoption of PAYT will likely reduce Town solid waste tipping fees, except that waste that is
shifted to commercial or multifamily, Town-serviced containers, and increase the costs of
recycling. Estimated tip fee reduction due to diversion of solid waste to recycling could be in the
$23,000 to $38,000 range. The contractor providing curbside recycling service estimates a cost
increase of $60,000 annually in Chapel Hill due to recycling tonnage and participation increases.
There will be impacts at recycling and SWCC dropoff sites as well as curbside; those aze harder
to quantify at this time.
Staff believes all the governments affected should formally address any proposed changes to the
plan and decide collectively if they wish to change the plan and adopt a new plan. Any changes
to be made to the plan should be made explicitly. The adoption of PAYT by one jurisdiction for
one sector at this time represents a major change in the plan sequence and in the coordinated and
integrated approach affirmed by the friterlocal Agreement.
BOCC could request that the Town address its decision to adopt PAYT in one sector for only its
jurisdiction in view of the prior adoption of a solid waste plan that had a sequence of programs in
which PAYT and/or mandatory recycling were to be considered after implementation of
enhanced materials processing and expansion of recycling collections and education efforts.
Notwithstanding the above comments, it should be noted that the Solid Waste Management
Department can implement curbside program revisions to accommodate Chapel Hill's PAYT
plan, if sufficient funds aze provided by the BOCC. However, we will not, prior to
implementation, be able to develop modifications to drop-off site service, configuration or
capacity to accommodate PAYT due to the uncertainty of how severe of an impact may occui.
Of course there are physical constraints to all of the sites that inhibit the extent of modification.
Staff response to the Town of Chapel Hill resolution questions:
1. What changes, if any, would be required to accommodate significant increases in quantities
and types of recyclable if the Town were to adopt a pay as you throw system?
The Solid Waste Management Staff strongly supports the concept of PAYT as an approach to
waste reduction. We have serious concerns with the timing of this proposed effort and the
potential ease with which compliance could be circumvented using dumpsters, solid waste
convenience centers and other ways of disposing of waste rather than reducing or recycling it.
Staff believes those options must be eliminated for a program to be effective. Elimination of
disposal options, legal and illegal, must be coordinated with other jurisdictions.
The staffhas consulted with our curbside contractor about cost and they estimate a cost increase
of up to $0.50 per household in Chapel Hill or $60,000 annually to accommodate anticipated
increased recycling volume. '
This estimate does not include any potential increases in drop off recycling where the public can
deposit mixed paper and corrugated cazdboard as well as all materials recycled at the curb. Staff
estimates that almost 1,000 tons of recyclable paper is now landfilled from Chapel Hill
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residential sector. Some fraction of that could be deposited at drop-off sites of mixed paper anal
corrugated cardboard. We have not budgeted additional funds far increased drop off site
collections. Based on the waste-sorts, another 1,100 tons of recyclable cans, bottles, newspaper
and magazines are now estimated to be landfilled from the affected sector, some of which could
also be deposited at drop-off sites.
2. Could these changes be implemented over the several-year period in which Chapel Hill
would implement pay as you throw (through the summer of 2002) and experience a major
increase in recycling (perhaps through 2004),
The implementation schedule proposed is substantially different from that in the adapted solid
waste management plan. The adopted plan shows expansion of recycling collection and
processing capability in all sectors in all jurisdictions preceding the implementation of a PAYT
program in any single jurisdiction or sector. Staff believes implementation of a residential
PAYT plan could be far more effective of it occurred within the adopted plan sequence and in
conjunction with a PAYT program for, the commercial sector as well. Staff continues to
recommend that all the governments adhere to the adopted plan or to .carefully, in conjunction
with other jurisdictions and utilizing the Solid Waste Advisory Board, revise or modify the plan,
so that PAYT logically integrates with other elements of a final plan.
3. What issues would need to be resolved to have the greatest success with this increase?
There are many waste disposal opportunities under the current waste management structure in
Orange County.. Most of those would have. to be eliminated for PAYT in the Chapel Hill
residential sector to be most effective, otherwise residents rather than recycling, citizens could
simply dispose of materials in another way rather than recycle or reduce.
Further, the current curbside collection system limits to six the number of materials that, can be
collected at the curb. The required separations between compartments reduce truck carrying
capacity. Several other materials can be taken to drop-off sites where they must also be source
separated. A system that expanded collection options at both the curb and drop-off sites along
with greater processing capability, would enable greater recycling, thus providing citizens more
opportunities to reduce waste and disposal costs. Such a system should also involve the
commercial sector. Such an expansion is not achievable under the current recycling program
structure.
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_ _ draft #9-clean-.~.1-16-?000 _ _ _ _
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. Yehicde. 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 similaz
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 gazden waste, Christmas trees, pine straw,
branches, small logs, twigs, and all vegetative matter ~i esulting from residential ~ landscaping
activities.
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