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HomeMy WebLinkAboutAgenda - 06-16-20; 6-d - Amendments to the Orange County Solid Waste Ordinance Regarding Disposal of Construction and Demolition Waste at Waste and Recycling Centers ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 16, 2020 Action Agenda Item No. 6-d SUBJECT: Amendments to the Orange County Solid Waste Ordinance Regarding Disposal of Construction and Demolition Waste at Waste and Recycling Centers DEPARTMENT: Solid Waste ATTACHMENT(S): Resolution Revised Solid Waste Ordinance Section 34-40 Photos INFORMATION CONTACT: Robert Williams, 919-918-4904 PURPOSE: To consider the attached resolution amending the Solid Waste Ordinance provisions to allow a limited amount of 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. The Section provides 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 administered by some of the Solid Waste staff. The Centers have traditionally allowed a “wheelbarrows” 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. Staff’s recommendation proposes amending the Ordinance to allow for up to 36 cubic feet of residential construction and demolition waste per household per day or weekend period from the users’ primary residence. The goal is to support Orange County residential customers disposing 1 of material from a “Do It Yourself” project. The proposed 36 cubic feet quantity was determined using a pickup truck with a 6 foot bed, which is equal to 90 cubic feet of space. Because of limited space and to discourage business usage, 36 cubic feet of material is proposed to be the maximum amount of construction and demolition debris that can accepted. To further support those goals, the proposed revision to the Ordinance would require that proof of residency be provided prior to unloading of material, hired contractors could not use the Center, and loads exceeding the designated limits will not be accepted. In addition, customers attempting to enter a Center with loads exceeding 36 cubic feet of construction and demolition waste would be declined and not permitted to dispose of any material. The amendments as proposed also specify the types of waste deemed construction and demolition wastes for this purpose. The materials are those items that are allowed at the Orange County Construction and Demolition Landfill. Containers for the allowable construction and demolition waste would be available at the Eubanks, Walnut Grove, High Rock and Ferguson Centers. Materials delivered to the C&D containers would then be delivered to the Orange County Construction and Demolition Landfill. (It should be noted that there is not sufficient space to collect material at the Bradshaw Quarry Center, and individuals bringing allowable C&D material to that location will be directed to another Center.) FINANCIAL IMPACT: Current conservative estimates are that 20-25% of bulky wastes 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 may result in the tipping fees paid to outside vendors to go down $75,000-$88,000 per year resulting in a net decrease in anticipated costs of approximately $10,000. 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. RECOMMENDATION(S): The Manager recommends that the Board: 1) approve the attached proposed resolution amending the Solid Waste Ordinance with the amendments becoming effective August 3, 2020; 2) direct solid waste staff to consistently enforce Section 34-40 of the Solid Waste Ordinance related to construction and demolition waste as set forth in the amended Ordinance beginning August 3, 2020; and 3) in the interim, pursue a public education effort to inform the public and also make signage improvements at the various Centers to educate the public and enhance administration of the Ordinance provisions. 2 RES-2020-037 Resolution of Amendment A Resolution Amending Chapter 34 of the Orange County Code of Ordinances Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: Whereas, the Solid Waste Ordinance (the “Ordinance”) was enacted by the Orange County Board of Commissioners in May, 1993, and Whereas, the Ordinance establishes convenience centers for the disposal of residential household waste by Orange County residents, and Whereas, the Ordinance specifically sets forth materials that are not to be brought to the Orange County convenience centers, now referred to as the Waste and Recycling Centers (the Centers), and Whereas, the Ordinance specifically provides that Construction and Demolition Waste is not allowed at the Centers, and Whereas, the Board has determined that it is in the interests of the County to allow limited amounts of residential Construction and Demolition Waste to be deposited at the Centers by Orange County residential users; and Whereas, there is also one provision in the Ordinance that related to the MSW landfill that was closed in 2013 and is no longer relevant. NOW, therefore be it ordained that the Code of Ordinances, Orange County, North Carolina, Chapter 34, is hereby amended in section 34-40 thereof to read as set forth on the attachment hereto. This Amendment shall become effective on August 3, 2020. Adopted by the Orange County Board of Commissioners this ____ day of June, 2020. By: Attested: _________________________________ _________________________________ Penny Rich, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners 3 ORD-2020-014 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 except as set forth in (c) 7 below. (5)Hazardous waste. (6)Industrial 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. (7) Up to 36 cubic feet of residential construction and demolition waste per household per day or weekend period from the users’ primary residence. Proof of residency is required prior to unloading of material. Hired contractors may not use the Center. Loads exceeding the designated limits will not be accepted. Unloading half loads will not be permitted Allowable construction and demolition waste for this purpose is limited to: Kitchen cabinets Insulation Carpet/ flooring Wood, 2X4 or plywood/pressed/painted/pressure treated Doors, windows, siding Deconstructed Playground set made of lumber Decks, stairs Bathrooms toilets, sinks Concrete Bricks Cinder Blocks Sheetrock Tile Shingles 5 (d)All 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)[provision deleted by Board action June 16, 2020] (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) 6 7 8