HomeMy WebLinkAboutAgenda - 06-04-2002 - 9c ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 4, 2002
Action Agerjd
Item No. Mo
SUBJECT: Resolution to Amend the Ordinance Real 0no Recyclable Materials
DEPARTMENT: Solid Waste Management/ PUBLIC HEARING: [YIN) No
County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Gayle Wilson, 968-2885
Exhibit Genf Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 7324181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336327-2031
PURPOSE: To consider adapting a resolution that would make amendments to the Regulated
Recyclable Materials Ordinance(RRMO)approved by the Boat in December 2001.
BACKGROUND: The Boat of Commissioners on December 11, 2001 adopted the Regulated
Recyclable Materiels Ordinance. Amendments proposed for the Boat's consideration at this
meeting would:
a) change the effective date from July 1, 2002 to October 1,2002;
b) change the period of validity for the Recyclable Material Penult from one yearto be
coexistent with that of the associated Building Permit; and
c) provide for the establishment of an application fee for Certification as a Commingled
Recyclable Facility.
Due to postponements in obtaining BOCC authorization of new personnel and equipment, and
design and bidding of recycling facilities necessary for ordmance implementation, the effective
date of the ordinance must be amended. As a result of ongoing discussions with staff of the
municipalities that will also be considering adoption of the RRMO to be applicable within their
jurisdictions, it was discovered that there were differing periods of building permit validity,
thereby necessitating the proposed language change that accommodates these varying
periods. Finally, the originally adopted ordinance did not provide a fee for facility certification
applications, Since the original adoption, staff has concluded that a fee should be established
to compensate the County for staff time spent reviewing and evaluating applications.
The revisions to the existing ordinance are highlighted in bold in the attached Exhlbf A.
FINANCIAL IMPACT: Staff has submihad a fee schedule for FY 2002-03 that would establish
a $250 application fee for facility certification applications. Annual revenue for the Solid Waste
enterprise fund from this source Is estimated to be$1,000 $1,500.
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RECOMMENDATION(S): The Manager remmmends that the Board adopt the attached
resolution amending the Regulated Recyclable Materials Ordinance.
NORTH CAROLINA RESOLUTION TO AMEND THIN ORDNANCE
REGULATING RECYCLABLE NLITERIALS AND
LICENSIIdGTIP COLLECTION DEREGULATED
ORANGE COUNTY RECYCLABLE MATERIAL N'ORANGE COUNTY
WHEREAS,the Based of Commissioners of Orange County,has received the
ttcownnndadon ofthe Solid Waste smffand the County Manager to amend DIE ORDINANCE
REGULATING RECYCLARLEIvf =fkLS AND LICENSING TEL COLLECTION OF
REGULATED RECYCLABLE MA'fFEEL W ORANGE COUNT'@meafter"the 0okrumsJ
NOW THEREFORE BE IT RESOLVED by the BoaN ofOmnge County
Commtssnoners that
Section 1, The Ordnance is hereby emended as irdicatcd on Exhibit A W this
Resolution,delat ng Gam the Onhuarece those pardon;of it that are dram on Exhibit A witha
snikethrough and adding to the 0dvance Nose Veteran of it that are shown®Exhibit A in bold
anderderliuul.
Smdda2. live Resolution shall tare aHm immechately upon im}msmge.
Upon motion o£Commissioncr extended by Commissioner
the foregoing resolution was adopted Nis the_day ors
I,Beverly A.Blythe,Clark m the Board of Commissioners for the County of
Orange,North Carolina,DO HEREBY CkEl that hie foregoing is atrue copy of so
much of the of said Board at a meeting bed on as relates
M my way to the adoption of the foregoing and that said proceedings are recoNed in the
incomes of son d Board.
WITNESS my band and the seal of sold County.this_day o[
Clerk to the Board of Commteaoners
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EabibRA
AN ORDINANCE HEGULATNG"E CL HIE MATEFUA S A.ND LICENSING THE
UHLLECTION OF REGULATED RECYCLABLE MATERIAL N ORANGE COIIN'f IF
SECTIONL ENDINGS. Orange(Awry,NOrlh Catalina doda hereby find that:
Heinget County has hertofore adopted ndameacs goveming the storage,transportation,
and noodling of solid waste wobiu the wbarporated canal of County;and
Orange County ocals and tastiness solid waste Management facilities as a public
mterynse to pmtea the citiwxts of Hostage County and the mvitamnmtal ima die both within the
mtmenspnstand ideas of the County and within the municipalities in Orange County;and
Cradle Cowry, Chapel Hill, Concern,.Hillsborough, and Mebane have heretofore
adopted and followed separate ordinances for the regulation of solid wastes within thatr
ttspectrvejdviWictimas;and
Siting and lxnnihing of construction and demolition landfills and comedy landfills has
become mercantily difficult;the dispoal of added wart;and ewnwmion and demolition waste
has becameasirtgly indre expcn and construction and demolition wane continues to be
disposed of through noun beating adding to the unto sing an pollution problem trident the
Counry;and
Ound of local govemmmi one changed by the Msisleture is N.CO.S. § 130A-309.09A(b)
to make a good faith effort to achieve the State's hrcty percent (40%) municipal solid waste
mductlon goal by the year 2001%and
Orange Cowry has comudttad Itself to acycling mcyclable materials, including
wsmation and li millitlw va te. is pmt of is own solid waste Tedoction goal of 61%by the _
year 2006;add
Coranvenw and dettalition waste constitutes approximately one-tMTd (d/3) of the
overall solid wane atrwm delivered to the Otavge County Landfill,at least fifteen pernem(150A)
of which is readily rermrvnblc has purposes of recycling sxondnry-market salvage, or re-
integration and existingM subsections projmrt;anon
Handles Cows, bas the legal a decony under State how, including but net In desd to
N C O:S.§ 153A-136,§ 153A-445,and§ 13OA-309.09B,m crust vegetational mind respell 0 she
chUseel of solid waste including recyclable nuxnal, land<Imring debts that is not sow as
timber or chipped for can ornaite or sale,and to provide twsowble penalties and Mho provisions
fm the mfmoemiat dareuf,
NOW THEREFOEE ba it indicated by Change Cowry as foldmis
SECTION D. EUFO?l AND AFELICATION.
The papom of this runic¢ is b regulza the nongs, collection, transportation, use,
disposal and clam dispeadiw ofregulared nwyclable toamnial in Orange County. This ordinance
is adopted prrwnt to the authority contained in N.C.O.S. §§ 153A-121, 123, 1321, 136,274-
2]8,291-293,445,add N C G S.§§ 130A-30901-309.08,309.09A,309.098.309.090,309.09➢.
Unless otherwise iMicated,this or iron¢pertains m all solid walk,activity in Change Cowry;
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SECTION�. MANAGEMENT OF REG[II.ATED RECYCLABLE MATERIAL;
NO OPEN BUINLNG OF SOLID WASTE.
L Regulated recyolabhe mamend minutes mcyolabae consumerism and demoGM1on tnateriad,
turbans and nonferrous sump metal other than recyclable emaMrction oral demolition
material, pacers,de agred cardboard,and other materials as may be designated as such by
mdmdmme to this ordinance.'
2. Ahh regulated recyclable maternal sentenced In Orange County shall be raycled (1) unless
doing so would pose aLVeat to public health and eatery through unbosom to contingents add
otter emne substances limudmg but not limited to lead, ubestds, feel oils, Fia tae, or(2)
aliens dun regmand recyclable brigand a arbchW a olha maternal, including urea
regulated recyclable marginal, in a way that it is not seasonally possible to xpaute the
regulated recyclable co mial into its emeMaent from an soon rwa began an d recyclable
material. It is a vinlafioo of this ordnance for my persed do classes of regulated recyclable
material except as permitted in tars ordinance,
I Regulated recyclable malarial shell be disposed of through(1)delivery in a recyolabte wean
penm,(2)delivey to a licensed collector ofregulaW mcyelable mount(3)reau,(4)sole
or (5) otter must that allow for die safe recycling of the matmal. Regalabd recyclable
material shall be upuand from under solid ease mater delivered to a Cwmtwgled
Rscyalwg Facility cueGed as such in the manrwr provided fm in Bas oNmame.
0. No person shot roundup, u bvuac ef, leave or dump my mgulated recyclable maternal no or
along any scree[in highway or on public m private property,wheat such maknal is placed in
receptacle, placed at a Ignition designated by the County, Cartboro, Chapel Hill,
Hillsboroash m Mebane for the deposit of regulated recyclable materiel,or ogtmvise attend
in possession and control of a licensed collector of mounted d recyclable material.
5. Tmwpmging or accepting fm transport may regulated recyclable material fm purposes of
direct as solid same ar document in a banner wcrosignot"an tics mdwdnce constants a
coaffiun oftMS oMiwnes
6. Any pawn collecting or tmwpating regahated recyclable mamiat fm purpose ofdiIlmal
at an sPproved disposal site mw[do as in a manna that presents this maternal fipm esaPmg
that veFwlc an container used Far me colcag or transporting.
]. No Person may dispose of solid weate through open boning m Orange County.
S. No person may consummate regulated recyclable materials m as to maim Were udrecyclable.
1 A", ail maerids may be added in the fist ofmgnhtent raycleble boterrier,innlWwg but nun Iimied
to dlaminay end boot,kreft Paps,glass arms,and lm,mass Ines,mid musur Adewagpec office
Papa,soap Paw,,pinti,Males unbudwg mJ:plai vMa Modes,steel and on con ,te496me tluecbdes,
fwd waste wham exchuivdy wwcearymakd far comgvdng.amt-mutable wmtl wave,tlrywall.
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SECTIOA'IV. CERTIFYING COhNIWGb.F,D RECYCLWG FA19dFdr5.
I. Any facility awepbng regulated rzcyclable maxdals, wmmlrlsled with orha solid wage
(hereafxr "commingled regulated recyclable materisli') On9neting from within (mange
Counts, must be certified as an approved Commingled Recycling Faoildy. Agv person
wigong to dispose of wmmingled regelaed syclable materuls originating from within
Orange Cowry may only do so by delivery m a facility, wideh bas bean celtlfied as an
approved Commingled Recycling Facility. In order to be cvnfial as an approved
m®ded_f /OS Commingled Recycling Facility,the faaLry mug maks,applications fnr mMOeadon as an
approved (sormodaided Receding Faidlift, All arced b s
fec. ne mound of the fee wiR be set by the Rnard annually with the
adoption by ban %led of doe 1 h,dud unfistagre of (forenoon Counts. The
311.0on must hiclude documentation [pat the applicant bas Tom t-91Int
A. avatid NOM Caroline(Il Solid Wmto Landfill,WPmeeasmgmdRceycling6),9olid
mended 1 A02 wage'transfer.or(_L3)Composting Facility Permit:and
B. One of the following:
(1) the technical abliry to separate and marts all those materials requing by der,
announce to be recycled by Orange COwry,or
(2) a documented performance of at least 369A recycing of all neencr eels that the Facility
accepts. band debris shall be excluded tiom the material accepted and Ing the
national recycled indle recyclivgper(ormenec calculation.
z. Cedificanon.
A, A Facility complying wiW the above regwrementa sbafl be cenifiN as an approved
Commingled Recycling Freddy by the Deparmnwt 'Ihls ceroflcation will be valid far
one year from the date of approval by the Deenfie nt and mug be renewed annually.
B. If the ccrtScation application does amt meet the requirements of this ordnance, the
noblemen of denial shall stale the reasons shot the application am delved. If thu
Department dunes catificamin Insurgent to &a Section, the applicant may require a
hearing adth the Depament Director.The Department Iminar ahill keep unions of the
Seeman including all documents diet me pan of the application and all docmnwm
wbrNFad at the bearing.Within one week after the begins toe Delatlmalt Director shall
love the applicant warm notice of the drum n center doings the cert5cation or
athrraing the denial of the cemRmtion. the applicant may appeal be Deparinmt
Director's decision to the Orange Cowryy Manager by giving written malice of appeal m
the Cowry Manager widen five(5)working days of receipt of the Department Diractofa
decision. The Martina.hall reverse, affirm or remand the decision of the Oryattment
Director to the Department Dueetm bmcd m the Serum of the heating, including ell
donations that are Pad ofthe miautca if the decision of&a Cringe County Mweger is
to reverse its decision of the Department Duecm, the applicant is deemed certified.If
doe Olvlge County Manager rmands to the Deformmt Director, the remand decision
shall dance the matters to berecoasidad by the Depamnent Dimemr on remand.
SECTIOP, V. LICFRSING COLLECTORS OF REGULATED RECYCLARIX
MTFRIAr_
1. Any person collecting in oftsenwe balling tegalatN reryclable marerisl within the Comity,
by any vehicle with a Ideas vehicle weigh of nive 0tousand (9000) pounds or sooner mug
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obtain a regulated recyclable material collection license ("RM llrmae'). Each vehicle used
by the licensed cellmor an amber must he registered with the Deparuncm.
2. Applicaliona fir an RM license shall be filed with the Department on f Animated by
(hang;County. All applications must be accompanied by a prneesaiag fre for each vehicle
that will rifler[regulated recyclable materiel.The amount of the llw win be set by the Board
amually with the adoption by the brad of the manual budget ordinance of final Cowry.
The applicant saallf"sir MC following informmon:
A, Name and ddrcse ofdx epplicanl and the applicant'shusinesa name
B. A list ofthe equilwmt possessed,available,or ottxrwiae to be unduly the applicant in
insurance overage olleton,prodmgmotor vehiclent,at tag numbmr,
('.. Liability is plied revenge,i of bymmew showing the Department,in at the time but the
license is applied for, o cmifimte of vsmmwe showing mvemg in etktt at the rim;of
D. Name and locatiun of facilities where collected mgulazed rsyclnble meWrisls are to be
delivered.
3. Bef ore-eating a aceose Pursuant to this section, the Depatmrnt my inspect a cause to be
iupatd all hailing and equiluni the applicant Plena to we in Me regulated recyclable
material coRce loa buainam.Vehicles and containers used in the collation and tmnspoemtion
of rcguleted reryclable matmal shalt d crewed,doable, and easily clean<d. They shall be
clewed w Own As anti W prevent a numanca and insect breeding and shall be
maraine d in good repair. Vehicles shall display,in nmwbers at least date(3)iwba Mgb,
Us cowry licrns<mmber of the licemese mad the license sticks isaned by rule Solid Wrote
Management Departs end.
G. hostages of license.
A. The Department may issue the impaired a 1tM Iicrosc only when it is found that the
applicant s facilities,equipment,moisture coverage andproposd op®flag owtoods are
in compliance with Ilya ordinance and the applicable rules of the Determining which
imPl®ant this ord=ce and that tine consistent with it and that the applicant will
perform regulated recyclable material collection and dispoasl in amemer cmvstmt with
this idinunec.A condition of the R license shall be that the lieeusee shall aerve every
Person m such a mmmer that the BM licrosec di am cause the Panora served m be in
violation of this ordinance.
B. A the RM license application dote not area the requiremetm of this em bassi the
natificatiw of denial ghall sate the rectums that the application was da ied. If fix
Department daties a ItM licentt, the didwast may raryeat a beniarg warm the
Department Droam", The Department Diremm shall keep minutes of the hearing,
remand all documents that m putt of me applimtion used all docmnmts submidal at
the luccump. Within one weak after the bearing the Department Dhecmr shall give the
applicant wmfm notice of the decision either granting the acmes an efSrmmg the denial
off the license. The eppaicant may appeal the Depmhnent Dinecmr'a derision to the
Chromic Cmmry Manager by giving written native of appeal W the Carty Manager
within five (5) wohiug days of receipt of the Department Director's danioa Dx
Manager shall mve e, dri or remgnd tae decision of the Department pitatm b the
Apartment Duman based in the miauta of the hearing, including all dreammts ded
art pan of the minutes. If his decisim of the Orange County Manager is to reverse the
derision Of be Depemnmt Duration,the license is deemed issued.If the Orange County
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Manager remands to fire Depwlment Linesman, the remind deomon shall direst Mc
mattes to be reconsidered by the Depronnent Difecto on reason.
C. Abreast:shallbe validfo a pound afore year fion the date ofiasuance.
5. With each human rmcwal application,a RM Entrance shell subsoil repot m the Department
conlsiwng the following informarion.
A. New ondmpluemw[equipment;
B. Identity, of all egWpmM no Mager in use by licenses, that was listed in miglnal
application for liMlittnse;
C. i lamotmtofregulattd me itatedm ciiblemecled bylypeendammW;aM
O. Dm lmeMonsm wMCh the regidaned recyclable matmW was dehveed.
G. No RM license issuedpursuammthis odhmancc is eesignable.
y. Violations of this o&nmce involving molesters ofniplated reeyolabletriderid Include:
A. Cullecting o othairn a Marling regulated recyclable minimal within the County in any
vehicle wiM a goes vehicle weight of ratio Inds sand(9000)print or greater wicboun a
Valid RM lesions consntumn a violation of this odimance.
B. Regulottd recyclable amount which is m be delivered to an approved Commingled
Recycling Fuilitymay be commingled m long as all of Ow material of a given contahter
is to be delivered re than Facility. OMOwine, placement of regulated recyclable material
into say solid were ewmwq including the solid waate comparnnrnt of a colkrNm
whice,fm my Imgth of lima,consti W ter a violation of Dos reforms.
C. Iiwsposing or oes,epdng fm nomination my regulated r eyclsbic monsoon that lots not
been upsrared for proposes of recycling, or wlarb bas been commingled with non-
regulatcd recyclable material or solid wanes, unless Me material and/or ware is to be
delivered to an approved Conant Bled Recycling fortuity correlations a violation of Min
mdinm
D. l4yceRd vinletiorts ofihia ordirwrae may reaWt in AN licrnae auepcnsionmrevncetim
as provided in the mdnmce.
WCUON VL PE'R TS FOB.=MANAG OF[`OF IIEGL%AT D
]RECYCLABLF.MATERIALS
1. Any,person applying far a building permit aralm a mining compliance Peamt Gem MY unit
of local government Or Osage Cowry authmlzed to name sort permits, shall, prim to
applying for such bondman and before construction, demolition, bond clearing or other
mmmamrr artistry comet neat nt application N to Depmmmt far a regulated
recyclable national managemem portrait (RM pamh) for the maragement of regWaned
recyclable mining.
2. ]fie RM parch applcaton shall provide erimate of the amount and tYPes of solid waste to
be ymankd by the projxS the amount ern typo of rcgWatd recyclable material to be
gmem4d by the project,whether one Project requites demolition in doonatructon and Me
mcOwde to be employed far defamed of the solid wank and regulaRH recyclable moment
genm4d by the Faisal
3. Applicators for a RM pemtit shall be filed with the Deferment on forme Imniehed by
Omnge County. All applications most be accompanied by a pmassing fie. The amount of
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de fee will be eel by the Board awually with the adoption by the Hoak of the annual budge
ordiruuw of Orange County.
4. the Depm Mt will review and, witldn ten (10) days, make a decision on the RM perrnit
The applirent wall theta be notified of the Deparmamas decision widlun two(2)working days
alley the decision is mode.
A. If tin RM permit application meen the requirements of Nis wligance.a pNf permit will
Ameoded_1_102 he issuedm Ne elrylicanL 'geRAIV,— - --4 RF---5 cm is it d. has Parnassian
set...6, nTapi Inc. ic a,Fmal is able,ged be Ilm cans 1 1 1 ,q ads
The RM permit applies only to NC project for
which the application coca made, Me peanut shell press be has permissible conceals of
dinlwsal of regulated recyclable material. If the project requires delighting m
deconstructiw not coupling from condemnation under the Nona Ceplma Building Cher
the permits may direct a delay in dwotition in decwstrudioo, not wcwdmg sixty(60)
days from Nv' issuance of the RM peat, in prior firt the DepaMmt to perform an
snort of whcthm and to what exists the structure to be demolished w deewsmmhd
nsism of regulated recyclable materials that can bctswoobly recycled
B. If the RM permit applicallmr dean not mere the requirements of this ordinance, the
nationalisms of denial shall state the actions Nat Nc application was denied If Ne
Department denies a RM prnnit do applicant may, inclosed a besrwg wIN Wa
Department Drennan. The Dapmtmmt Director shall 4em mmutea of the baring,
including all dnenmmcs that are pen Of In application and all doewnmN saturated at
the heating. Watch one week after the hearing can Dipsomaniacal Drector shall ®ere the
applicant wnttm notice of the derision either granting Ne permit or affirming Ne doing
of the pram,Dar applicant may appeal the Depmmtrnt Dirrnmr a decisive m the Orevge
County Manage by giving wnnen notice of appeal to the Cowry Manager within dvc
(5) working days of receipt of d¢Department Director's decision no Manager shall
mvisrac. aff or tmwnd the decision of the DepaNnmt Director to the Department
Director based on do minutes of the hearing,including all dowagnnt that are pan of the
mmutes If the decision of the Orange Canty Manager is to reverse the al n of Ne
Departnt Director, the Instant is domed tamed. If Ne Oguee C unty Marram
remade to the Department Director, stun remand decision shell direct the mstms to be
recomandoned by the Department Director on remand
C. A permis shall be wood from the die R"based and shall entairce upost the excitation
Amended_/_N2 of the buildhan permit and/or I t for
Which application som made b--==--A f as era--arc---`- - - -".Sands
SECTION VE: ENFORCENIXNT.
Thefollowing ehallpertain mviolatiom oeNia mAmuce:
1. Double Tip FCC.stay persmw diryosmg of regulated recyclable meaid at the Orange Chanty
Landfill in noli ion of this convince, in addition to being subject to the other twnMia
provided in thia okhavice, shall pay, far tire load an loads disposed of in violation of dais
connote,double the tip fee in offset at the time of the disposal.
2. Revpcadw of regulated recycablc matmal wllmtion licemew.
A. When NS Department finds that a RM bemsec has violated a tradition of the license,to
lacrosse chart naive,wriden notice of the violation and be in(mad that if the aiolmion
is not comcted or if wosher vloladw swans within canny (10) working days the RId
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bcease shall be revoked. Notice of the revocatan shall be by wrltm notice from the
Department delivered or mailed by first class mail to the license.Delivery by first class
mail ahall he the mC11wd of delivery if the dicmsce cannot readily be Smxd with the
mace of overacted in person. Upon acrobat of the revocation notice, the RM harmer
shall stop coUrafig, bom%PUtig. or doweaing of regulated recyclable material
ongwaling in Grange County.
B. The Deparunmt may reidstace a RM license revoked for a coaston of a perinit condm .
star du maroon has been in egad for romy (30) working days if the Dependent
finds that the FM permit wra ta ons causing the viewers have bear cmrated.
C. Wheu the D Ewbddr t India that a RM he masse her 9nnsporbil or accepted fm amapmrt
any regulated recyclable maimed that has not been separated far purposes ofiecyuhng,or
which has bred commingled with non-regWated recyclable maternal of solid waste,stakes
the material end/w word is to be dehvaed to am appraised Cmmoinaled Rrcyvhng
Facility.the RM license shall he revokedf mu year if:
1, the violation baswmded within chute(30)days ofmotha SUCK W.olatiogm
2. the di r ofm ie Oe d J2 Simhnielday, a pply within ode r year.
The hallo of a marked P.M license may,reapply deer we year of the date ed and awho
for subsequently new Rcrose. Ady person whose RM threats was previously revoked and t by
thatpa sd o received o new prune will have Set House rooked apron the receipt by
that prim et a single additional violation.
3. Climinal Parody Any palm violating this ordinance dull be guilty of a misdemeanor
pumsbable by a fwe net to exceed five himAW(5500)dellas in immieoment f not mom
roan nmry, (30) days, or both Each day's continuing violation is a separate and district
offense. Each violation is a separate and distinct offense.
4. Civil Pmalry. Any person who is broad in violation of this commerce shill be subject W a
civil penally of not to exceed five formed (SSW) dollars as provided herein and as
aulhmioad by N.C.G.S. § 153A-133. Each violation incident is a separate dad distinct
oRase.
Itac Depamcent Daemon may issue as sly brown who or Chet has violated this
ordimnce, a cimaon giving notice of the alleged viodarlum(e) and tie civil permlty
mrqrowd. Quarts s so issued may be delivered in mailed by first class mode to the
person violating this tomorrow,Delivery of bad citation by fired class mail shell he the
method of delivery if the person vmlalmg the draw woe co mot readily be saved in
person. The following civil parahies shall be assessed for rich violation of this
on iomee:
(1) Failwd to obmin a regulated rarymlablemteaW collection bound.
(2) Failure M accede regulated recyclable instead as
defraud in this OMinance.
(3) Failure to claim an opposed xMpermit as deduce
in this Drdinamse.
Number ofPnm Amount
Violations
0 $50
1 $100
2 $200
3 S300
4 woo
11
S Or mare $500
5. Equitable remdies. This ordinauce may he enforced by equitable tmtdiu. Any colawfid
condition existing or in violation of tuts undimmed;may be mooned by injunction and hNa
Of statement an accordance with N.CG.S. § 153A-123.
SEMON VIII. DF,FINMONS.
For thepmposes of Nis Grdinatme,the followingdellaitanx shall apply
1. Ashes. refuse resulting fiom the fuming of avoid coal, cork or other combustible materiel
whichbash0liveembers.
2. Bound The�Oa�d orcommiaamnara dtomnge COmty
3. Bulk material A tightly construnedmHal,Plante or other custodial container of tend(2)cubic
yards an greater capacity and of a design approved by the County manager as being capable
Of being enalood by WtWment.
4. Clean wood waste wend seem &am wuso xiont and demolition activity that is not second
and five of mint.
5. Coitsnioa. The act of removing solid waste (Including aonseuNan and demdhdm suits,
LOS abetting debris m recyclable materiatc)from a point of gmtxation ne a canal storage
Mint or to a disposal sum and from a central Auraye point processing curter to a diepoaal site.
6. Conanueiei and damolitiun waste solid wss4 reaching gmemlly bruin construction,
remodclum,repair,m demolition opmatidm on pavement,buildings,or whor savcnues.
]. Cunugawd cartoonist once-layered emdhoerd material with a middle: wavy layer.
Nomduyclsble cardboard, such as waxed boxes,cardboard adlmmd to packing material(such
as Styrofovn an avdddct or plastic supports) and cardboard satinshd with moor if or
fodstuffs in itsoirmal utt before disposal aze excluded from this definicon.
8, Daprulment Time Solid Waste Management Departmml.
9. Lasairrameor Director, the Director of As Solid Waste Management Depattmml
10. DUPO.mt The Recharge,depasiv,injection,dumpivg,spilling,leaking or placing of any solid
welly into m to my IvM or water m tbal the solid waste or any mnetiNent part of the whd
waste may errter the emvoamcne or by mooed into the au or dischar"into my asatm,
including gocmsdwatau.
11. Fula wane. fond cast has beta prepared Ion human consumption and was not screed or
abstained used tat food.
12. Garbage. all pulrescan wngxa, uvluduri au®al offal and conscious, and compressible
industrial by-products,but se oluding sewage and humor wastes.
13. Hasardoas assists. solid waste,or combirati®Of solid wastes,which because of its quantity,
mamwdm, m physical, cbmnaal, or inferndns chmactdri.cas may (1) added
significmdY c0ahibme to en because in factafity or ucbie or
mcapaaiadng aeuessible llnu&m(2)Mass a mbsgrMal presort as potynfid behind m bmnm
bealtb an the mvmmmmt when impmpaly uwtd, stared eansppamd digtosed of or
Odiousness managed.
14.BWUem'a2 solid wane all wte generated firm factories, processing plants and Other
occultations;enterprises that is not haeardons waste as defied m this station. Such wasse.
may imludc, but is not Induced m, waste resulivlg fipm the kllowing mmNpauumg
process: Elernic power gemaatipn; fertiliurlegricultuml chemicals; Said and Adicadi
pmauslass ymicha ta;inwganir chemicals, iron,and steel mantchiscrmg;leather said butter
products; Mafmous metals inaufcnviag Sotmdries; orpavic chemicals;plastics and reams
nmttofacturwy; pulp and proper modally; rabM and miscellaneous plastic Mitosis; scone,
12
glass,clay,and cmanepro luam;laztile mnufuctining;o-ayspmvdon e4uipmence and wane,
needed. The lam does not inaluds mining random he gas waste.
15. Inert Delete solid waste which cawing solely of material Wt is vimWly seat or that is
likely to retain its physical and chemical structure under expected conditiooe of disposal,
including but nn handed to brick block,rock,asphalt,and son.
16. Lam1flll a disposal Lobby he part of a disposal facility where uaae is placed in or on land,
al that is not a land warrant Gcility, a surface beguilement, an injection well, a
hazandous waz¢longmm storage acillty,or a surface storage facility.
17.Medicd wiled my solid wale which is generated in the diagrams, trusteet. an
immummaroar ofhwnan bodies or mels,inresearch pertaining broader,m in the production
or leading of biologicals, but do>stnot debate my hazardous waste identified or listed
proceeds to Chapter 130A, Article 9, of 0e North Carchad General Statues, inebriates
es
base, bgwehold water as disposed In 40 C.F.A. 9 261.4(b)(1) in effect an 1 July 1989, or
[tons,subsidies excludes Gam the deGrtitiw of solid women in this Charter,
18. MunimjaY soda mandw any achd waste resultioe Gam the direction of residential,
commercial,industrial,prvamnental. or umbNHOVil establishments that world normally be
collected, prauvaecd, and disposed of through a public or private solid waste program
management semce. Montreal acted waxen includes cansmmtion and demolitim base and
mat debris. Municipal solid waste does net include hazadous waste, slusi industrial
waste mmagal in a solid wasteawwganwt facility owned wd opan ed by the generator of
the industrial were for dislodgment Of that waste, or solid wesae Gum miring he agricultural
operations.
19. Non re shales wad wilsa trees cleared Gam Ind for any purpose other than sale acs a
mmodity or chipping for use on site or for sale.
20. open bumi The combustion of solid wale d ameans ofdiryosalofthot waste.
21. open dums a solid were disposal site bat tides not have the permit or permits requital by
law or which does not agency with ben ales an forcb in this orainnce
22. Pallet. A portable,wooden platform fm handling,sluing, an moving microns s and packages
decd in wonshaaws,factories, oil and wholesale sales locations and vehicles.
23. Prison aperson,group ofpersma,Gam,c end ady,cmpmanmt,concept on,pvmerWp,wit
of local goveement,state agency,fedasl agency,or other legal table,
24. Process my technique denwed to change We physical,chemical,an biological foundation
or cmrpwitign of any solid waste so as to treats it safe for transition dm nabl<a reanvery,
storage,mrecychng safe for deponn or re turad in volume or conamhatiw.
25. P jest.a plannedddmalring ofcomparisons.repudiating,deconeWCbm and derawlitim.
26. Puneselbla solid waste capable of being decomposed by mrmvhegmiama with sufficient
rapidity or to cause nimencee from aches,games or liquids,such as kitcltm wases,offal and
22. Ram'madveword seasonal solid wwe containing mym edial,whets solid,listed.he gas,
best snits housing indoor sp0mmnewsly.
29. RCRA. Reassociate Cmsaratiw wd Recovery Act of 1976,Pub.L.94-580,90 Stat-2'195,
421J.S. $6901 n seq.a amended.
29. Rentwe d marmod a r reriel eat has he soli recycling drprn fib s,can be&grans In Candd,
al has been divertede randyalGoconse tra d mesteam fa sale,ad, N.C.Q. In mda
to 9wISy as anwvered material,a material rand meet the aquuemwts gfN.C.G.S. § 130-
. 309A5(<).
30, Recyclable a and and candidate a rely board alum wood wile and metals (all aan
closed demos and make) resulting gongs, ham dowosed. demodeling, repev, n
demolitionomaters 1. wpavement, wet buildings,bother s" peddles,31. recyclable material. Tan elm "weldable bl< tads,she inlndd, but 1s sot located td
recYClable cwatructim and demolitm mateaiala, aluminum, okivk boxes, daugaed
9
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cardmurd and Kraft paper, glass boltic ad jars, magazines, famous and nonferrous scrap
mdabo motor al, n wspapa, office paper, swap paper,plastic bottles including milk jugs,
soda battles,steel and tin cans, telephone diramne;yaM waste,cooling pease,clean wood
waste, rubble, food waste when exclusively wmu-aryarated far cnmposthg, and other
materials as may be specified by the Board of County Commcausion.
32. Rerychn.. the pmceas by which solid waste or recovered materals ate collect, sepaalW,
in procesaed,and issued in refund to use in chef of him materials«products.
33. RegWaeed rapdable material The moyclable material as designed in No oMinswe as
acyclablematmal. -
34. Regvlamd rerydable material collector. my prison who collects regulated recyclable waste.
35. Scrap tares, a the that ono longer suitable fm its cagiul,iateoded propose because of weer,
damage,or defect.
36. Seplags solid waste that is a fluid mixture of ano ated and partially treated sewage colida,
liquids,and sludge ofhuaaa an domestic origin which is removed fiom a septic panne system.
37. MiarX. necdlo, syringes, scalpel blades, and Other an" objects announced in the mine
- countersuit subject to the seam limitations as medical waste
38. Sludge any solid, semisolid, or liquid waste generated from a municipal, oom octal,
institutional or industrial wastewala easement plan, water uppfy twol m m plant, or au
pollution control facility,an any other waste having similar chmacrWstios and eH¢la.
39. Solid waste. connotation and demohdan waste;regulated recyclable maternal; bazardmun or
nnuain duus garbage;whose or sludge Gem a waeW tram ant plant,water supply nealtarnt
plant, m air factotum conduct facdity; domestic sewage and sludges gmammed by the
raiment thereof in sanitary sewage collection, trmlmcn4 and dispeeal systems; and any
other material that is either discarded or is being acomnulshd,aimed,or Fled poor to being
discarded,or has served in manual intended use and is generally abounded.acclaiming solid,
liquid semisolid or Cannot gaseous matend resulting from industrial, na'dvadonal,
rcral,and ag Hallo it mpmmiem, said h®automaticity achvities. The term macs not
Nclwlc:
a. Fees[waste fiom fowl;and animals other than htmans.
b. Solid or dissolved material in
1) uomesnc sewage and alodgea geuaatgl by transition: Nercof an sanuary sewage
collection,neatmad and disposal systems which we designed to discharge effluents;
to Ne nnbce waters.
2) Irrigation return flaws.
3) Wastewater iisehargca and use sludges incidantal to and genemted by Ime[ment
which are point ounces subject to porous granted major Sermon 402 of the Winer
Pollution Conmol Act as amended (P.L. 92-500), and pamia gmnsM undo-
NC.G.9. 5 143-215.1 by Also Envvonmenlal Management Cmmnbaion. Howevef,
my sludges that meet the rnraia fm hamrdom wants under RC shall also be
considered!asolid waste for the purposes of this Article.
u Cili and other liquid hydmcirbaa controlled under Article 21A of Cbapter 143 of th
General Smmtes. However, soy oils m other liquid hydrecarbans that meet the miens
t haz unicas wsste under RCRA shall also be a solid waste for the pulp ores of this
Article.
d. Any souse, poised nuclear or byproduct material u defined by the Atomic Energy Act
of 1954,as aneaded(42 030. 9 2011).
e. Mining refuse cevrred by the North Carolina Mining act,N.C.G.S. ¢ 1446 through"14-
68 and regulated by the North(Amlina Mining Co noussion(as defined muter N Cd3.5.
9 1433-290). However,any specific mining waste That meets the colcom fm hzzmdma
waste tmda RCRA shall also be a solid waste for the papmea oflbis Article.
f Recovered material.
u
g. ate.
40. Solid d Wesce eaare Waste Amrd. The Polity edvias described board of the Board,dre Ccwly growled re
Ord the Solid Wastr hdmdgam aste Mara eor ea mon and with memband[t as owns f
m the Agreement fa Solid Waste Menaganmt among Orwge Cowtl erW the Towns of
Colid Wa,Chapel Hill and Hillsborough.
0.I. Solid uwem foe r any aut re po owned solid wade managammt facility Pmnitlnt by the
Sate ofNaW(9mlinathat reports solid wane ferid waste i regally ,ds dieposf.
42. SoAd unete dvposat site. any plum at which solid waste is legally diaphad of by my
Solid w
43. Sold waste maws, said The pmpoaclW, eyerometie eonerol of the paramount ndi osal of
subdiiw, transport, dpamton, treatmrn4 processng, recycling, recovery and disposal at
44, goods, wane.ord, waste Val can score apxialhandling end
tes. wnt,including white
good,whole rtes,used ml.lead-eeidbetteriee,and mMicel wastes.
qS. Storage which does not conoldwedisposal wammphmrytadsOr&¢apmad o[Yrms,
wlcon construction,mrcmrffimten,ofpol.
66. wary purposefully any eweWCfiw,production,or pica of cook artificially built up or umpoectl of
parhpuryoufullyVaried together.
69. has PlmmL mry macho,, mohagnq or cusuchq including 0n ofd y hose dcass wan to e hhas to
ehrohysical,
each wasse,mbiologi no render such condensations, saferw teaoasto
monable each wane o as m rends such wane ninnnations. s, safer for hinclud ,
erehle fOr recovery, g designed ten change S rchysicl t volume. "Kcal mi " includes
any activity m processing designed d efimge the physical fmm or chemical wmpwitian of
hemcle.a waste so as arendsit dine ornfdoas.
49. White g ode ne by whichte go o s< i someddag g tamed m chips, as irl
d9. shim Soods. TTetens "white gootla"mcludis washererors,hes dr warerheaohe anchor
out a conditioned, washing mhanous dishwashers, clothes dryers, and other simJar
card ne ce sic cash allargeamd'rouhs.
50. Yard warted The ds, `yard wades"means them mgmuemmmalscoawho , nowtingoL
leaven, load, wad, M1e�e c4pp 11 ge yard and gaden sack, Cxem rosid treed, pine straw,
Mwclru, small logs,twi®,and all vegemdve matm resulting fran residential IwdemPing
activities.
SEMONIX EFFEMI,`E OATS.
,mended r in The eRatvc data of&a Ordinance is dWy3r2001
le6.uevgemmnnvyiak n.m:w.mNnn ensue rm:w.s,ago enwN,mm
Adapkd l2J11IM
Amended—/_¢a02
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