HomeMy WebLinkAboutAgenda - 11-01-2001-3aMemorandum
To: All Interested Parties
From: Gayle Wilson, Solid Waste Director
Subject: Regulated Recyclable Material Ordinance
Date: October 19, 2001
This Report describes the Regulated Recyclable Material Ordinance being considered by
the Board of Orange County Commissioners. A Public Hearing of the ordinance is
scheduled for November 7, 2001 at Southern Human Services Center on Homestead Rd.
at 7pm. You are welcome to attend and express your opinion or provide suggestions.
Background
The current Construction and Demolition (C&D) Landfill on Eubanks Rd is estimated to
be full by July, 2002.
On August 15, 2000 a C&D Recycling Task Force, created by the Board of County
Commissioners, issued its final report. Among the Task Force recommendations was
"Mandate recycling or reuse of C&D waste in Orange County through the use of an
ordinance". County staff have developed this ordinance with periodic comment from the
Board, feedback from potentially effected parties such as builders and haulers, and input
from municipalities and other County departments.
Additionally we have closely examined the experience of several cities and counties that
have attempted, with varying degrees of success, C&D recycling ordinances. Plans for
the recycling facility and staff and equipment needs have been thoroughly investigated
and are addressed in the Master Facilities Plan approved by the Board on October 1,
2001. Also included in that plan is the development of a new, small C&D landfill.
Brief Summary of the Ordinance
1. The Ordinance creates a list of "Regulated Recyclable Materials" that must be kept
separate and recycled. These are:
• Unpainted, Untreated Wood Waste • Pallets
• Scrap Metal • Clean Corrugated Cardboard
2. Recyclable Material Permits, estimating the amount of waste anticipated from a
project and explaining how the waste is to be disposed of, are required before
development (Building and Zoning Compliance) permits are issued.
3. Haulers operating in Orange County are subject to licensing, renewable annually.
4. Burning of Solid Waste, which excludes yard waste, is prohibited.
5. Demolition projects may be delayed up to 60 days in order to conduct assessments of
the recyclability of the materials in the structure.
Potential Impact
While the proposed list of materials is mostly C&D waste materials (due to current
pressing C&D disposal issues), this is not specifically a "C&D Ordinance". Actions
mandating recycling of materials generally found in other waste streams can be taken by
simply amending this ordinance. This will minimize the growth of a clumsy array of
Solid Waste regulations if future Boards decide to pursue additional recycling mandates.
Regulated Recyclables represent approximately 29% of the C&D waste stream in Orange
County, or about 8,990 tons annually. Table 1 shows the potential recycling impact .
Table 1.
Material Percentage of C&D Tons per Year
Unpainted, Untreated Lumber 14 4,340
Pallets 3 930
Engineered Wood 8 2,480
Clean Wood Subtotal 25 7,750
Metal 4 1,240
Total Rec clable Material 29 8,990
In terms of volume (the real measure of how much landfill space can be saved) these
materials account for possibly over 50% due to their bulky nature. This estimate is based
on the wide variety of conversion rates available. How much space materials actually
consume when compacted together is an unavoidably speculative measure.
Clean wood waste has been diverted and processed into colored mulch in a voluntary
pilot project for several months.
Pallets have been recycled at the Landfill for reuse and remanufacture since 1998. They
are now being processed with other wood wastes in the colored mulch pilot project.
Clean Metal has been recycled by landfill staff for almost 4 years now.
Corrugated Cardboard was banned from the landfill 6 years ago with successful
results. The "Cardboard Ban" has simply been incorporated into this ordinance.
Other Materials maybe added to this list in the future as markets are developed. Other
materials may include landclearing and inert debris, carpeting, vinyl siding, or drywall.
2
Frequently Asked Questions
What about demolition waste?
Demolition waste includes a great deal of wood and metal, both recyclable materials.
However, separation is much more difficult. Demolition waste must still be recycled if
free of contaminants. But the waste would not be considered free of contaminants if it `5~s
attached to other material ... in a way that it is not reasonably possible to separate." For
example, sometimes it is not possible to separate studs or joists from tile, plaster, drywall,
sheathing, or siding (possibly painted with lead-based paint). Much like the current
cardboard ban, some `judgement call" at the landfill is unavoidable.
Another C&D Recycling Task Force recommendation was "Promote deconstruction."
The ordinance contains a provision that demolition projects for structures that have not
been condemned may be delayed up to 60 days for the Department to perform
assessments of `5vhether and to what extent the materials in the structure... consist of
regulated recyclable material" that should be separated and recycled.
Can mixed C&D recyclin~ facilities be used?
Builders may chose to use mixed recycling facilities, bypassing the source separation
requirement, but these facilities must be certified annually and held to at least the same
recycling standard as we achieve. To do otherwise would simply shift waste out of the
County. To get certification, facilities will have to either: 1) recycle at least all the
materials regulated in Orange County, or 2) meet a 30% recycling rate, excluding inert
debris from all calculations. As our program matures and achieves higher diversion rates,
the standard can be raised.
What does licensing involve?
C&D haulers using vehicles greater than 9000 lbs GVW will need to get a license
annually and register each of their vehicles under it. Violations incurred in any registered
vehicle subjects the company's license to the suspension and revocation provisions
described in the "enforcement" section on page 5 of this primer.
My business isn't construction, but still have wood, metal, etc. in my waste.
Metal, pallets, and corrugated cardboard from the commercial waste stream will be
subject to the recycling requirement. This is the only way to avoid the untenable situation
of having one landfill customer being allowed to dump these materials right next to
another who is not. The Solid Waste Department staff will help you get a recycling
program set up.
~~'hat's this "Recyclable Material Permit" all about?
The Town in which you are building will need to adopt the ordinance for the permit to be
required. You can apply for it at either the Zoning Compliance or Building Permit stage.
It will require estimates of types and quantities of waste anticipated and ho«-~ you intend
to manage them. We can assist you in estimating your anticipated ~~~aste. We will process
your application as quickly as possible and are required to respond within 10 days. You
will be able to pick up a permit application at Planning or Inspections Departments, but
«~ill need to submit it to the Solid Waste Management Department.
~~~hat open burizing is prohibited?
This table lays out what activities are prohibited.
Type of Burning Activity Prohibited
Construction or Demolition Debris Yes
Household Garbage and other l~ISW Yes
Develo ment Clearin Yes
Forestry: Planting preparation No
Forestry: Understory thinning No
Agriculture: Field residuals No
Agriculture: Pruning back to keep farm roads clear No
Agriculture: Clearing trees for new pastures/ fields Yes
Landscaping: Piunings, Brush and Leaves No
Who will help me adapt to the new regulations and how?
Another Task Force recommendation was "Hire a second recycling educator to focus
primarily on implementation of this ordinance and on environmentally sound, waste
reducing building practices." This person will develop educational material, meet directly
with contractors and subcontractors, issue permits, and implement and enforce the
ordinance requirements. It is crucial that this individual have experience in the building
industry. If you or someone you know would be interested in serving the citizens of
Orange County in this capacity, the position opening will be announced shortly after the
Commissioners adopt the ordinance, if they choose to do so.
An eight month grace period will be necessary for the community to adapt to the new
recycling requirements. In this time we will issue "mock" tickets as an effort to help you
get accustomed to what is required. The burning prohibition will take effect inunediately.
How can I secure my dumpster from unauthorized use?
Unauthorized dumping of recyclable material into a waste container is specifically cited
as a violation of the ordinance. While security of your dumpster remains your
responsibility, signs stating civil and criminal penalties will be a much more effective
deterrent than current "no dumping" signs.
4
Enforcement
Landfill
Loads containing wood, metal, pallets, corrugated cardboard, and clean unpainted
drywall will be charged double the tipfee just as yard waste and cardboard are charged
now. Tickets will be compiled and sent out «Tith monthly bills for regular customers or
the customer may choose to pay tickets individually.
Permittin g
Individuals found to be conducting building activities without the appropriate Recyclable
Material Permit will be issued a civil citation.
Licensing
Individuals found hauling C&D materials «itllout the appropriate Recyclable Material
Collector's License will be issued a civil citation.
Jobsite and ~'t~aste Destination
As part of the C&D recycling education and ordinance enforcement effort, Solid Waste
Department staff will regularly visit jobsites for which a Recyclable Material Permit has
been issued. Municipal Inspections Departments visit jobsites several times during the
course of the project and will be encouraged to inform the SW Enforcement staff when
solid «~aste violations are noted. Individuals found to be illegally hauling Regulated
Recyclable Material for out-of-county disposal will be issued a civil citation and
appropriate legal action will be pursued by the County. Five violations of this type will
cause the revocation of the Recyclable Nlaterial Collection License.
Burnuig
Individuals found to be burning prohibited materials t~~ill be visited by County staff and
infornled that they must extinguish the fire and be given alternatives to handling the
material Re-ignition of the fire or any subsequent illegal burning by that individual will
result in issuance of a civil citation.
Proposed Timeline
Nov 7, 2001 Public Hearing
Nov, 2001 Adopt ordinance; effective date of burning prohibition
Nov, 2001 Authorize new C&D
education and enforcement position
Nov, 2001-Feb, 2002 Take Ordinance to Municipalities
Nov, 2001-Feb, 2002 Finalize Administrative procedures
Jan, 2002 Begin issuing mock tickets
April, 2002 Initiate licensing
April, 2002 Begin certification of Commingled Recycling Facilities
July -August, 2002 End grace period
July -August, 2003 Review ordinance for costs, tonnage figures, and
additional feedback from the regulated community