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Home My WebLink AboutAgenda - 05-19-20; 6-d - Discussion Regarding Construction and Demolition Waste at Waste and Recycling Centers 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2020 Action Agenda Item No. 6-d SUBJECT: Discussion Regarding Construction and Demolition Waste at Waste and Recycling Centers DEPARTMENT: Solid Waste ATTACHMENT(S): INFORMATION CONTACT: Solid Waste Ordinance Section 34-40 Robert Williams, 919-918-4904 PURPOSE: To discuss and provide direction to Solid Waste staff regarding enforcement of the current Solid Waste Ordinance provisions related to Construction and Demolition Waste at the Waste and Recycling Centers. BACKGROUND: The Orange County Waste and Recycling Centers (Centers) were established for the disposal of household municipal solid waste and recycling. Specifically, the Orange County Solid Waste Ordinance provides in Section 34-40 that Centers are maintained at selected locations throughout the County for the convenience of County residents. It details a list of wastes that may not be accepted at convenience centers, including commercial waste, institutional waste, industrial waste, land clearing waste, and construction waste and demolition waste. In contrast, the ordinance specifically provides a list of materials that, if there is a specifically designated area for collection, may be deposited at the Centers, including white goods, furniture, yard waste and tires. These ordinance provisions have been in effect since May of 1993. A recent audit of the Centers highlighted that the Ordinance was not being consistently followed by some of the Solid Waste staff. The Centers have traditionally allowed a "wheelbarrows" or up to 3 cubic feet worth of construction and demolition waste to be deposited in the bulky waste area as an accommodation to residential users of the sites. This amount was being inconsistently applied by staff. In addition, it became apparent that construction and demolition waste of a commercial nature was also being brought to the sites. Individuals that were renovating homes for commercial purposes were bringing or causing large quantities of material to be brought to the sites. This activity was not only contrary to the current Solid Waste Ordinance but also raised other concerns. The Orange County Regulated Recycling Materials Ordinance (RRMO) is being circumvented by having construction and demolition wastes brought to the Centers. The RRMO requires that regulated recyclable construction and demolition waste be separated from other 2 solid waste unless delivered to a certified commingled recycling facility. Allowing the construction and demolition waste at the Centers violates the RRMO. The construction and demolition waste that is brought to the Centers is transported to a transfer station and ultimately disposed of in a municipal solid waste (MSW) landfill. In addition to conflicting with the RRMO, accepting Construction and Demolition waste at the Centers increases both transportation costs and disposal costs which have seen recent increases and will continue to increase. During fiscal year 2019-20, the disposal rate at the Durham transfer station increased from $44.50 per ton to $47.50 per ton. FINANCIAL IMPACT: Current conservative estimates are that 20-25% of waste delivered to the Waste and Recycling Centers are construction and demolition wastes. Tipping fees for those materials are estimated to be $75,000-$88,000 per year. Increasing the amount of allowable construction and demolition wastes will result in increased transportation and disposal costs ultimately resulting in a need to increase the Solid Waste Programs Fee. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • ENERGY EFFICIENCY AND WASTE REDUCTION Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption; 3) increase the use of recycled and renewable resources; and 4) minimize waste stream impacts on the environment. Construction and demolition wastes delivered to the Waste and Recycling Centers are transported to a transfer station and ultimately disposed of in a Municipal Solid Waste Landfill. Compliance with the RRMO cannot be monitored at the Waste and Recycling Centers, potentially resulting in recyclable construction and demolition wastes being landfilled in an MSW landfill. RECOMMENDATION(S): The Manager recommends that the Board discuss and: • Direct Solid Waste staff to consistently enforce Section 34-40 of the Solid Waste Ordinance related to construction and demolition waste; OR • Direct Solid Waste staff to present a resolution at an upcoming meeting amending Section 34-40 of the Solid Waste Ordinance. 3 Sec. 34-40. -Solid waste convenience center. (a)Solid waste receptacles are maintained at selected centers throughout the county for the convenience of county residents. Use by out-of-county residents is prohibited. Solid waste may be deposited in the solid waste receptacles only in accordance with the provisions of this article. (b)The following wastes may not be deposited in solid waste receptacles or at solid waste convenience centers: (1)Asbestos. (2)Burning or smoldering materials, or any other materials that would create a fire hazard. (3)Commercial waste. (4)Construction waste and demolition waste. (5)Hazardous waste. (6)lndustrial waste. (7)Institutional waste. (8)Liquid waste. (9)Radioactive waste. (10)Regulated medical waste. (11)Sludges. (12)Barrels without both ends cut out. (13)Sharps not properly contained. (14)Animal parts or carcasses. (15)Land clearing debris. (c)The following wastes may be accepted at solid waste convenience centers when there is a specific area designated for the collection of such items: (1)Lead-acid batteries. (2)Used oil with no other substances mixed in. (3)White goods. (4)Yard waste. 4 (5)Furniture. (6)Tires. (d)AII solid waste intended for disposal in a solid waste receptacle shall be deposited inside the receptacle. No solid waste may be left at the solid waste convenience center outside the receptacle unless the site is staffed and the solid waste is considered by the attendant to be salvageable. It then may be placed in the area designated for salvageable materials. (e)County residents may obtain a free landfill permit from the solid waste management department for disposal of bulky items, or those items that are not compatible with solid waste containers.The permit allows for ten visits, over an unlimited period of time,to the landfill for disposal of residential solid waste. Such waste may only be delivered to the landfill in the following vehicles:(1)Cars.(2)Pickup trucks.(3)Trailers. (f)Trailer park and apartment complexes with more than six occupied units must make arrangements with a private hauler for uniform garbage collection for those units. (g)No person may remove any item from a solid waste container, climb on or into a container, or damage any container. (h)No person shall vandalize any property associated with solid waste convenience centers. (i)Solid waste collectors shall not use solid waste receptacles at county solid waste convenience centers. (j)No person may trespass on property used for consolidated solid waste convenience centers during nonoperational hours. (k)No person shall loiter in or around convenience centers during operational hours. (Ord. of 5-18-1993, §V, eff. 5-18-1993)