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(A) The purpose of this section is to promote the public safety, health and welfare of the citizens of Surry County through regulation of public health nuisances in the county.
(B) It shall be unlawful for any person or persons to create a public health nuisance on any parcel of land or allow a nuisance to remain on his, her or their property.
(Ord. passed 8-17-2009) Penalty, see § 110.99
(A) It shall be unlawful to bury in the earth or submerge in a body of water solid waste materials for the purpose of disposal. Exceptions to this regulation are those materials approved by the Division of Waste Management for filling low lying areas such as: concrete, cinder block, brick, rock, asphalt or granite.
(B) Permitted landfill sites approved by the Division of Waste Management and otherwise compliant with applicable state and federal laws are exempt from the regulation of this section.
(Ord. passed 8-17-2009) Penalty, see § 110.99
(A) The sanitary landfills of Surry County may be used for the disposal of solid wastes by any person who is a resident or property owner of Surry County during regular hours of operation of the landfill. Solid wastes shall be disposed of at the landfill in the manner and according to the procedures required by the landfill manager or his or her representative.
(B) The following wastes may not be disposed of in the landfills without permission of the landfill manager or his or her representative:
(1) Bulky wastes;
(2) Construction and demolition wastes;
(3) Tires, unless they have been quartered or shredded;
(4) Infectious wastes; and/or
(5) Wet sludge.
(C) Radioactive wastes shall not be disposed of in the landfills.
(Ord. passed 8-17-2009) Penalty, see § 110.99
(A) Solid wastes may be deposited in receptacles provided by the county.
(B) All solid wastes shall be deposited inside the solid waste receptacle. No solid waste may be left at the solid waste disposal site outside the receptacle.
(C) The following wastes may not be deposited in solid waste receptacles:
(1) Hazardous wastes;
(2) Liquid wastes;
(3) Infectious wastes;
(4) Radioactive wastes;
(5) Bulky wastes;
(6) Tires;
(7) Construction and demolition wastes; and/or
(8) Burning or smoldering materials or any other materials that would create a fire hazard.
(D) No person may remove any item from a solid waste receptacle, climb on or into a receptacle or damage any receptacle.
(Ord. passed 8-17-2009) Penalty, see § 110.99
(A) No person shall engage in business as a solid waste collector except as holder of a valid license or permit issued by the state’s Division of Waste Management pursuant to the policies and procedure prescribed by that agency, by the Solid Waste Act of 2007, and by any subsequent amendment to that Act.
(B) No license issued pursuant to this chapter shall be assignable.
(Ord. passed 8-17-2009) Penalty, see § 110.99
(A) The Board of County Commissioners may issue exclusive and non-exclusive franchises authorizing persons to collect, transport and dispose of solid wastes and describing the area for which the franchise is issued.
(B) No person may be issued a franchise by the Board of County Commissioners unless he or she holds a license issued by the Division of Waste Management to engage in the business of solid waste collection.
(C) Applications for franchises shall be filed with the Board of County Commissioners through the County Manager, on forms prescribed by the County Manager and shall include a copy of the applicant’s license application to the Division of Waste Management and any other information the County Manager deems pertinent. A valid Certificate of Insurance (COI) must accompany the application with a minimum coverage of $1,000,000.
(D) The Board of County Commissioners may grant a franchise only upon finding that the applicant will render prompt, efficient and continuing service to the area for which the franchise is granted and that the applicant has sufficient equipment and personnel to render service to all persons generating solid wastes within the service area.
(E) The Board of County Commissioners shall determine the area for which a franchise is granted.
(F) The Board of County Commissioners shall set or approve all fees charged by solid waste collectors before granting a franchise. The Board may classify fees according to whether residential, commercial, institutional or industrial customers are served, so that reasonable compensation may be provided in accordance with the public interest. Fee schedules may be amended by the Board from time to time.
(G) A franchise shall be for a term of three years and shall be renewable.
(H) A solid waste collector franchised under this chapter shall present to each prospective customer, in advance of any agreement with that customer, a schedule of his or her fees, as authorized by this chapter, to be charged. All solid wastes shall be removed from the customer’s premises at least once a week; provided, the customer is no more than 30 days in arrears in payment of the required collection fees.
(I) The Board of County Commissioners may grant temporary franchises for the collection, transportation or disposal of solid wastes to provide service in the event of abandonment of an existing franchise or for other cause.
(J) All disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be resolved by the Board.
(K) No franchise shall be assignable.
(L) A solid waste collector granted a franchise under this chapter shall give 60 days’ written notice to the Board of County Commissioners before abandoning the franchise.
(M) The Board of County Commissioners may terminate or suspend all or any portion of a franchise for any of the following reasons:
(1) Loss of the franchisee’s license to operate as a solid waste collector;
(2) Failure of the franchisee to comply with the authorized fee schedules;
(3) Failure of the franchisee to render prompt and effective service as determined by the Board of County Commissioners to persons within his or her service area; or
(4) Failure of the franchisee to comply with any provision of this chapter or applicable regulations of the Division of Waste Management.
(Ord. passed 8-17-2009) Penalty, see § 110.99
Surry County shall take any enforcement actions as prescribed below, if there is probable cause to believe that a person or persons are in violation of this chapter.
(A) A warning citation may be issued at the discretion of the authorized agent assigned to the violation. The warning citation may include orders that direct the violator to correct his, her or its actions within a specified amount of time.
(B) A civil citation may be issued directly to the violator(s) of this chapter, or mailed to the violator by certified mail. If such person does not claim citation by certified mail, a copy may be posted conspicuously at the last known or present address of the violator. A cited violator shall respond to the citation within 72 hours of service or mailed notice acceptance, or within ten days of lawful posting of the citation on the property. The civil citation shall be paid in full to the Surry County Development Services Department on or before the specified date and time described on the citation. The authorized agent may order the violator to remedy the violation in addition to paying the civil citation. If such an order is issued, the violator(s) shall present evidence that such remedy has been or is being executed as ordered and according to any time allowances given in such order, along with the payment of any civil citations issued.
(C) Fines in civil citations under this chapter shall be administered as follows:
(1) First offense: $50;
(2) Second offense: $100; and
(3) Third and sequential citations: $100.
(D) Each day a violation continues shall be deemed a separate and distinct offense, punishable as provided herein.
(E) A civil citation may be issued for violation of this chapter based upon circumstantial evidence recovered by the local ordinance officer.
(F) The civil penalties shall be administered in addition to any and all other penalties that may be imposed by a court of law resulting from actions in violation of this chapter.
(G) A misdemeanor criminal summons may be issued against the violator(s) of this chapter if deemed necessary to remedy the violation in the discretion of one or more of those named in § 110.02 of this chapter.
(H) Any person violating this chapter shall be guilty of a misdemeanor punishable by a fine, community service or both. Each day’s violation shall be treated as a separate offense.
(Ord. passed 8-17-2009; Ord. passed 12-7-2020)