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, and Mebane have heretofore adopted and followed separate
ordinances for the regulation of solid wastes within their respective
jurisdictions; and
Siting and permitting of construction and
demolition landfills and sanitary landfills has become increasingly difficult;
the disposal of solid waste and construction and 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 recycling recyclable materials, including construction and demolition waste, as part of its own solid waste
reduction goal of 61% by the year 2006; and
Construction and demolition waste
constitutes approximately one-third (1/3) of the overall solid waste stream
delivered to the Orange County 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 has the legal authority
under State law, including but not limited to N.C.G.S. § 153A-136, § 153A-445,
and § 130A-309.09B, to enact 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 in Orange County. This ordinance is adopted pursuant to the
authority contained in N.C.G.S. §§ 153A-121, 123, 132.1, 136, 274-278, 291-293,
445, and N.C.G.S. §§ 130A-309.01-309.08, 309.09A, 309.09B, 309.09C,
309.09D. Unless otherwise indicated,
this ordinance pertains to all solid waste activity in Orange County.
SECTION III. MANAGEMENT OF REGULATED RECYCLABLE MATERIAL; NO OPEN BURNING OF SOLID WASTE.
1.
Regulated
recyclable material includes recyclable construction and demolition material,
ferrous and nonferrous scrap metal other than recyclable construction and
demolition material, pallets, corrugated cardboard, and other materials as may
be designated as such by amendments to this ordinance.[1]
2.
All
regulated recyclable material generated in Orange County shall be recycled (1)
unless doing so would pose a threat to public health and safety through
exposure to carcinogens and other toxic substances including, but not limited
to, lead, asbestos, fuel oils, gasoline, or (2) unless the regulated recyclable
material is attached to other material, including other regulated recyclable
material, in a way that it is not reasonably possible to separate the regulated
recyclable material into its constituent parts or from non regulated recyclable
material. 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 disposed of through (1) delivery to a recyclable
waste center, (2) delivery to a licensed collector of regulated recyclable
material, (3) reuse, (4) sale or (5) other means that allow for the safe
recycling of the material. Regulated recyclable material shall be separated
from other solid waste unless delivered to a
Commingled Recycling Facility certified as such in the manner provided
for in this ordinance.
4.
No
person shall discard, dispose of, leave or dump any regulated recyclable
material on or along any street or highway or on public or private property,
unless such material is placed in a receptacle, placed at a location designated
by the County, Carrboro, Chapel Hill, Hillsborough or Mebane for the deposit of regulated
recyclable material, or otherwise placed in possession and control of a
licensed collector of regulated recyclable material.
5.
Transporting
or accepting for transport any regulated recyclable material for purposes of
disposal as solid waste or treatment in a manner inconsistent with this
ordinance constitutes a violation of this ordinance
6. Any 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 for the collecting or transporting.
7. No person may dispose of solid waste through open burning in
Orange County.
8. No person may contaminate regulated recyclable materials so as to
make them unrecyclable.
SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES.
1.
Any facility accepting
regulated recyclable materials, commingled with other solid waste (hereafter
“commingled regulated recyclable materials”) originating from within Orange
County, must be certified as an approved Commingled Recycling Facility. Any
person wishing to dispose of commingled regulated recyclable materials
originating from within Orange County may only do so by delivery to a facility
which has been certified as an approved Commingled Recycling Facility. In order
to be certified as an approved Commingled Recycling Facility, the facility must
make application for certification as an approved Commingled Recycling
Facility. All applications must be accompanied by a processing fee. The amount
of the fee will be set by the Board annually with the adoption by the Board of
the annual budget ordinance of Orange County. The application must include
documentation that the applicant has:
A.
one of the following valid state permits issued by the state where the facility is located to which Regulated Recyclable Material is to be delivered
(1) Solid Waste Landfill, (2) Processing and Recycling, or (3) Solid Waste
Transfer, or (4) Composting Facility
permit; and
B.
One of the following:
(1)
a documented performance of separating and marketing all those materials required by this ordinance to be recycled demonstrated by twelve (12) months of tonnage detailing all Regulated Recyclable Material the facility has received and receipts for all Regulated Recyclable Material marketed; or
(2)
a documented performance of at least 30% recycling of all material that the Commingled Recycling Facility accepts demonstrated by twelve (12) months of tonnage detailing all material the facility has received and receipts for all material separated and marketed. In making this recycling performance calculation: (1) inert debris (such as, for example, concrete, dirt, rock and asphalt paving) shall be excluded from the material accepted and from the material recycled; and (2) fifty percent (50%) of fines (mechanically screened material resulting from the operation of a mechanical waste recovery system) shall be considered inert debris and the other fifty percent (50%) may be counted as material accepted and material recycled.
2.
Certification.
A.
A Facility complying
with the above requirements shall be certified as an approved Commingled
Recycling Facility by the Department. This certification will be valid for one
year from the date of approval by the Department and must be renewed annually.
B.
If the certification
application does not meet the requirements of this ordinance, the notification
of denial shall state the reasons that the application was denied. If the
Department denies certification pursuant to this Section, the applicant may
request a hearing with the Department Director. The Department Director shall
keep minutes of the hearing, including all documents that are part of the
application and all documents submitted at the hearing. Within one week after
the hearing the Department Director shall give the applicant written notice of
the decision either granting the certification or affirming the denial of the
certification. The applicant may appeal the Department Director’s decision to
the Orange County Manager by giving written notice of appeal to the County
Manager within five (5) working days of receipt of the Department Director’s
decision. The Manager shall reverse, affirm or remand the decision of the
Department Director to the Department Director based on the minutes of the
hearing, including all documents that are part of the minutes. If the decision
of the Orange County Manager is to reverse the decision of the Department
Director, the applicant is deemed certified. If the Orange County Manager
remands to the Department Director, the remand decision shall direct the
matters to be reconsidered by the Department Director on remand.
SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE MATERIAL.
1.
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 must obtain a
regulated recyclable material collection license (“RM license”). Each vehicle used by the licensed collector
or hauler must be registered with the Department.
2. Applications
for an RM license shall be filed with the Department on forms furnished by
Orange County. All applications must be accompanied by a processing fee for
each vehicle that will collect regulated recyclable material. The amount of the
fee will be set by the Board annually with the adoption by the Board of the
annual budget ordinance of Orange County.
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
otherwise to be used by the applicant
in regulated recyclable material collection, including motor vehicle license
tag numbers;
C. Liability insurance coverage, proved by providing
the Department, at the time that the license is applied for, a certificate of
insurance showing coverage in effect at the time of application;
D. Name and location of facilities where collected
regulated recyclable materials are to be delivered.
3. 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. Vehicles and containers used
in the collection and transportation of regulated recyclable material shall be
covered, 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.
4. Issuance
of license.
A. The Department may issue the applicant a RM license only when it is found that the
applicant’s facilities, equipment, insurance coverage and proposed operating
methods are in compliance with this ordinance and the applicable rules of the
Department which implement this ordinance and that are consistent with it and
that the applicant will perform regulated recyclable material collection and
disposal in a manner consistent with this ordinance. A condition of the RM
license shall be that the licensee shall serve every person in such a manner
that the RM licensee does not cause the person served to be in violation of
this ordinance.
B. If the RM license application does not meet
the requirements of this ordinance, the notification of denial shall state the
reasons that the application was denied. If the Department denies a RM license,
the applicant may request a hearing with the Department Director. The
Department Director shall keep minutes of the hearing, including all documents
that are part of the application and all documents submitted at the hearing.
Within one week after the hearing the Department Director 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 Department
Director’s decision to the Orange County Manager by giving written notice of
appeal to the County Manager within five (5) working days of receipt of the
Department Director’s decision. The Manager shall reverse, affirm or remand the
decision of the Department Director to the Department Director based on the
minutes of the hearing, including all documents that are part of the minutes.
If the decision of the Orange County Manager is to reverse the decision of the
Department Director, the license is deemed issued. If the Orange County Manager
remands to the Department Director, the remand decision shall direct the
matters to be reconsidered by the Department Director on remand.
C. A license shall be valid for a period of one
year from the date of issuance.
5. With
each license renewal application, a RM licensee shall submit report to the
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 RM 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.
6. No RM license issued pursuant to this
ordinance is assignable.
7.
Violations of this ordinance involving
collectors of regulated recyclable material include:
A. 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
without a valid RM license constitutes a violation of this ordinance.
B. Regulated recyclable material which is to be
delivered to an approved Commingled Recycling Facility may be commingled so
long as all of the material in a given container is to be delivered to that
Facility. Otherwise, placement of regulated recyclable material into any solid
waste container, including the solid waste compartment of a collection vehicle,
for any length of time, constitutes a violation of this ordinance.
C. Transporting or accepting for transport any
regulated recyclable material that has not been separated for purposes of
recycling, or which has been commingled with non-regulated recyclable material
or solid waste, unless the material and/or waste is to be delivered to an
approved Commingled Recycling Facility constitutes a violation of this
ordinance.
D. Repeated violations of this ordinance may result in
RM license suspension or revocation as provided in this ordinance.
SECTION VI. PERMITS FOR THE MANAGEMENT OF REGULATED RECYCLABLE MATERIALS.
1.
Any person applying
for a building permit and/or a zoning compliance permit from any unit of local
government in Orange County authorized to issue such permits, shall, prior to
applying for such permits and before construction, demolition, land clearing or
other preparatory activity commences, make application to the Department for a
regulated recyclable material management permit (RM permit) for the management
of regulated recyclable material.
2. The RM permit application shall provide
estimates of the amount and types of solid waste to be generated by the
project, the amount and types of regulated recyclable material to be generated
by the project, whether the project requires demolition or deconstruction and the methods to be employed for disposal
of the solid waste and regulated recyclable material generated by the project.
3.
Applications for a RM
permit shall be filed with the Department on forms furnished by Orange County.
All applications must be accompanied by a processing fee. The amount of the fee will be set by the
Board annually with the adoption by the Board of the annual budget ordinance of
Orange County.
4. The Department will review and, within ten
(10) days, make a decision on the RM permit.
The applicant will then be notified of the Department’s decision within
two (2) working days after the decision is made.
A. If
the RM permit application meets the
requirements of this ordinance, a RM permit will be issued to the applicant. The RM permit applies only to the project
for which the application was made. The permit shall prescribe the permissible
methods of disposal of regulated recyclable material. If the project requires
demolition or deconstruction not resulting from condemnation under the North
Carolina Building Code, the permit may direct a delay in demolition or
deconstruction, not exceeding sixty (60) days from the issuance of the RM
permit, in order for the Department to perform an assessment of whether and to
what extent the structure to be demolished or deconstructed consists of
regulated recyclable materials that can be reasonably recycled.
B. If
the RM permit application does not meet the requirements of this ordinance, the
notification of denial shall state the reasons that the application was denied.
If the Department denies a RM permit, the applicant may request a hearing with
the Department Director. The Department Director shall keep minutes of the
hearing, including all documents that are part of the application and all
documents submitted at the hearing. Within one week after the hearing the
Department Director shall give the applicant written notice of the decision
either granting the permit or affirming the denial of the permit. The applicant
may appeal the Department Director’s decision to the Orange County Manager by
giving written notice of appeal to the County Manager within five (5) working
days of receipt of the Department Director’s decision. The Manager shall
reverse, affirm or remand the decision of the Department Director to the
Department Director based on the minutes of the hearing, including all
documents that are part of the minutes. If the decision of the Orange County
Manager is to reverse the decision of the Department Director, the permit is
deemed issued. If the Orange County Manager remands to the Department Director,
the remand decision shall direct the matters to be reconsidered by the
Department Director on remand.
C. A permit shall be valid from the date it is
issued and shall expire upon the expiration of the building permit and/or
zoning compliance permit issued for the project for which application was made.
SECTION VII: ENFORCEMENT.
The following shall pertain
to violations of this ordinance:
1. Double Tip
Fee. Any person disposing of regulated recyclable material at the Orange County
Landfill in violation of this ordinance, in addition to being subject to the
other remedies provided in this ordinance, shall pay, for the load or loads
disposed of in violation of this ordinance, double the tip fee in effect at the
time of the disposal.
2.
Revocation of
regulated recyclable material collection licensees.
A. When the Department finds that a RM licensee has violated a condition of the license,
the licensee shall receive written notice of the violation and be informed that if the violation is not corrected or if another violation occurs within
thirty (30) working days the RM license shall be revoked. Notice of the revocation shall be by written notice from the Department delivered or mailed by
first class mail to the licensee. Delivery by first class mail shall be the method of delivery if the licensee cannot readily be served with the notice
of revocation in person. Upon receipt of the revocation notice, the RM licensee shall stop collecting, transporting, or disposing of regulated recyclable
material originating in Orange County.
B. The Department may reinstate a RM license
revoked for a violation of a permit condition after the revocation has been in
effect for thirty (30) working days if the Department finds that the RM permit
conditions causing the violation have been corrected.
C. When the Department finds that a RM licensee
has transported or accepted for transport any regulated recyclable material
that has not been separated for purposes of recycling, or which has been
commingled with non-regulated recyclable material or solid waste, unless the
material and/or waste is to be delivered to an approved Commingled Recycling
Facility, the RM license shall be revoked for one year if:
1.
the violation has
occurred within thirty (30) days of another such violation, or
2. the violation is the fifth such violation to
occur within one (1) year.
The
holder of a revoked RM license may reapply after one year of the date of
revocation for a new license. Any person whose RM 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.
3. Criminal
Penalty. Any person violating this
ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed
five hundred ($500) dollars or 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.
4. 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 ($500) dollars as provided herein and as authorized by
N.C.G.S. § 153A-123. Each violation incident
is a separate and distinct offense.
The Department Director may issue to any person who
or that has violated this ordinance, a citation giving notice of the alleged
violation(s) and the civil penalty imposed.
Citations so issued may be delivered or mailed by first class mail to
the person violating this ordinance. Delivery of the citation by first class
mail shall be the method of delivery if the person violating the ordinance
cannot readily be served in person. The following civil penalties shall be
assessed for each violation of this ordinance:
(1) Failure to obtain a regulated recyclable
material collection license.
(2) Failure to recycle regulated recyclable
material as
defined in this Ordinance.
(3) Failure
to obtain an approved RM permit as defined
in this Ordinance.
Number
of Prior Violations/Amount
0 /$50
1 /$100
2 /$200
3 /$300
4 /$400
5 or more /$500
5. Equitable
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 with N.C.G.S. § 153A-123.
SECTION VIII. DEFINITIONS.
For the purposes of this
Ordinance, the following definitions shall apply:
1.
Ashes. Refuse resulting from the
burning of wood, coal, cork or other combustible material which has no live
embers.
2.
Board. The Board of Commissioners of Orange County.
3.
Bulk material. 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.
4.
Clean wood waste. Wood waste from
construction and demolition activity that is not treated and free of paint.
5.
Collection. The act of removing solid waste (including construction and
demolition waste, land-clearing debris or 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.
6.
Construction and demolition
waste.
solid waste resulting generally from construction, remodeling, repair, or
demolition operations on pavement, buildings, or other structures.
7.
Corrugated cardboard. three-layered cardboard
material with a middle, wavy layer.
Nonrecyclable cardboard, such as waxed boxes, cardboard adhered to
packing material (such as Styrofoam or wooden or plastic supports) and
cardboard saturated with motor oil or foodstuffs in its normal use before
disposal are excluded from this definition.
8.
Department. The Solid Waste Management Department.
9.
Department Director. The Director of the Solid Waste Management
Department.
10.
Disposal. The discharge, deposit, injection, dumping, spilling, leaking or
placing of any solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the environment or by
emitted into the air or discharged into any waters, including groundwaters.
11.
Food waste. food that has been prepared
for human consumption and was not served or otherwise used for food.
12.
Garbage. all putrescible wastes,
including animal offal and carcasses, and recognizable industrial by-products,
but excluding sewage and human wastes.
13.
Hazardous waste. solid waste, or 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.
14.
Industrial solid waste. 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/by-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 miscellaneous
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.
15.
Inert Debris. 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.
16.
Landfill. 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, or a surface storage facility.
17.
Medical waste. any solid waste which is
generated in the diagnosis, treatment, or immunization of human beings or
animals, in research 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.
18.
Municipal solid waste. 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 construction
and demolition waste and inert debris.
Municipal solid waste does 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,
or solid waste from mining or agricultural operations.
19.
Non-reusable wood waste. trees cleared from land
for any purpose other than sale as a commodity or chipping for use on site or
for sale.
20.
Open burning. The combustion of solid waste as a means of disposal of that
waste.
21.
Open dump. 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.
22.
Pallet. A portable, wooden platform
for handling, storing, or moving materials and packages used in warehouses,
factories, retail and wholesale sales locations and vehicles.
23.
Person. a person, group of persons,
firm, company, corporation, association, partnership, unit of local government,
state agency, federal agency, or other legal entity.
24.
Processing. 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, or recycling; safe for deposit; or reduced in volume or concentration.
25.
Project. a planned undertaking of
construction, remodeling, deconstruction and demolition.
26.
Putrescible. 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 carcasses.
27.
Radioactive waste material. solid waste containing any
material, whether solid, liquid, or gas, that emits ionizing radiation
spontaneously.
28.
RCRA. The Resource Conservation and Recovery Act of 1976, Pub.L.
94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq. as amended.
29.
Recovered material. a material that has known
recycling potential, can be feasibly recycled, and has been diverted or removed
from the solid waste stream for sale, use, or reuse. In order to qualify as a recovered material, a material must meet
the requirements of N.C.G.S. § 130-309.05(c).
30.
Recyclable construction and
demolition material. clean wood waste and metals (except closed drums and tanks) resulting
generally from construction, remodeling, repair, or demolition operations on
pavement, buildings, or other structures.
31.
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 oil, newspaper, office paper, scrap
paper, plastic bottles including milk jugs, soda bottles, steel and tin cans,
telephone directories, yard waste, cooking grease, clean wood waste, rubble,
food waste when exclusively source-separated for composting, and other
materials as may be specified by the Board of County Commissioners.
32.
Recycling. The process by which solid waste or recovered materials are
collected, separated, or processed, and reused or returned to use in the form
of raw materials or products.
33.
Regulated recyclable
material. The recyclable material as
designed in this ordinance as recyclable material.
34.
Regulated recyclable
material collector. any person who collects regulated recyclable waste.
35.
Scrap tires. a tire that is no longer
suitable for its original, intended purpose because of wear, damage, or defect.
36.
Septage. 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 from a septic tank system.
37.
Sharps. needles, syringes, scalpel
blades, and other sharp objects generated in the same manner and subject to the
same limitations as medical waste.
38.
Sludge. any solid, semisolid, or
liquid waste generated from a municipal, commercial, institutional or
industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility, or any other waste having similar characteristics
and effects.
39.
Solid waste. construction and demolition
waste; regulated recyclable material; 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
for 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 for the purposes of this Article.
f. Recovered material.
40.
Solid Waste Advisory Board. 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.
41.
Solid waste facility. Any publicly owned solid
waste management facility permitted by the State of North Carolina that
receives solid waste for processing, treatment, or disposal.
42.
Solid waste disposal site. Any place at which solid
waste is legally disposed of by any method.
43.
Solid waste management. The purposeful, systematic control of the generation, storage,
collection, transport, separation, treatment, processing, recycling, recovery
and disposal of solid waste.
44.
Special waste. Solid waste that can
require special handling and management, including white goods, whole tires,
used oil, lead-acid batteries, and medical wastes.
45.
Storage. The containment of solid waste, either on a temporary basis or
for a period of years, in a manner which does not constitute disposal.
46.
Structure. Any construction,
production, or piece of work artificially built up or composed of parts
purposefully joined together.
47.
Treatment. 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.
48.
Vehicle. Any means by which someone
or something is carried or transported.
49.
White goods. The term “white goods” includes refrigerators, ranges, water
heaters, freezers, unit air conditioners, washing machines, dishwashers,
clothes dryers, and other similar domestic and commercial large appliances.
50.
Yard waste. The term “yard wastes” means those organic materials commonly
consisting of leaves, grass, weeds, hedge clippings, yard and garden waste,
Christmas trees, pine straw, branches, small logs, twigs, and all vegetative
matter resulting from residential landscaping activities.
SECTION IX. EFFECTIVE
DATE.
The
effective date of this ordinance is October 1, 2002.
[1] Additional materials may be added to the list of regulated recyclable materials, including but not limited to: aluminum, drink boxes, kraft paper, glass bottles and jars, magazines, used motor oil, newspaper, office paper, scrap paper, plastic bottles including milk jugs, soda bottles, steel and tin cans, telephone directories, food waste when exclusively source-separated for composting, non-reusable wood waste, drywall.