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(A) (1) Any license issued for collection and transportation of solid waste may be revoked for violations of applicable regulations pertaining to the management of solid waste.
(2) Whenever, upon inspection of facilities, equipment or operating methods or practices of any person licensed and performing collection and transportation services, the Division finds that conditions or practices exist which are not in compliance with applicable regulations the Solid Waste Director will give notice in writing to the person that unless the conditions or practices are corrected or remedied within ten days, then the collector’s license may be revoked. The notice shall include date, time and place of reinspection by the Division.
(3) If, after reinspection, the Division finds conditions or practices not corrected, the collector will be notified that his or her license has been revoked. Upon receipt of this notice of revocation, the licensee shall immediately stop collecting and transporting solid waste for hire.
(4) The Solid Waste Director may reinstate a revoked license after revocation has been in effect for 30 days if he or she finds that the conditions causing the violation have been corrected.
(5) The license holder may request in writing to the Solid Waste Director a hearing before the Board in order that the license holder may justify why the license should not be revoked. The requests shall be received by the Solid Waste Director no later than ten days following notice of license revocation.
(6) After hearing of the appeal, the Board shall affirm the revocation or direct the Solid Waste Director to reinstate the license.
(7) Reinstatement or reissuance of a license to collect and transport solid waste will be subject to review and rehearing by the Board.
(B) (1) Any solid waste collector for hire observed dumping at a solid waste container site shall be warned by certified mail from the Solid Waste Director that unless the practice is stopped, the collector’s license will be revoked.
(2) If the solid waste collector is again observed dumping at a solid waste container site, his or her license shall be immediately revoked.
(3) After receipt of notice of revocation, the license holder may request a hearing as outlined in division (A) of this section.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
(A) The written application for a license to locate and operate a publicly-owned or privately-owned sanitary landfill in the unincorporated areas of the county shall show in detail the site proposed for the facility, the method of its operation, the equipment to be used and the other and further information as the Board may require.
(B) Prior to the Board’s issuance of approval of a license, the person making the application must comply with all current requirements of the Department pertaining to sanitary landfill approvals. Further, prior to approval and license issuance by the Board, evidence of the satisfactory compliance shall be furnished to the Board in writing.
(C) (1) Any person, before locating and operating any publicly-owned or privately-owned sanitary landfill in the unincorporated areas of the county, shall first obtain from the Board a privilege license which shall be renewed on an annual basis for each disposal facility. The Board from time to time shall adopt annual privilege license fees.
(2) A license to operate a sanitary landfill shall be automatically revoked whenever conditions exist that cause the Department to close down the facility.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
(A) County-owned landfills may be used only for the disposal of solid waste by county residents.
(B) In order to determine residency in the county, the landfill attendant is authorized to ask for identification. Anyone refusing to provide the information requested will be denied use of the solid waste facilities. Solid waste shall be disposed of at the landfills in the manner and according to procedures established by the County Solid Waste Director or the Director’s representative.
(C) The following wastes may not be disposed of in county-owned or operated sanitary landfills or any privately-owned or publicly-owned solid waste landfills located in unincorporated areas of the county:
(1) Radioactive waste;
(2) Untreated regulated medical waste;
(3) Burning or smoldering materials or any other materials that would create a fire hazard;
(4) Hazardous waste;
(5) White goods;
(6) Lead-acid batteries;
(7) Whole scrap tires;
(8) Used oil; and
(9) Yard waste.
(D) (1) The following waste may be accepted on a conditional basis only:
(a) Asbestos;
(b) Barrels;
(c) Sludges; and
(d) Special wastes.
(2) Conditionally acceptable wastes may be disposed of in accordance with Department regulations and policies promulgated by the Solid Waste Director. Generators of conditionally acceptable waste shall obtain prior approval from the Solid Waste Director at least three working days before transporting conditionally approved wastes to the landfill.
(E) No person may loiter or rummage about the landfill or remove articles therefrom.
(F) No person may deposit material at any point in the landfill except where indicated by authorized agents of the county or by official signs.
(G) No person may discharge firearms, fireworks or explosives on landfill property.
(H) A disposal fee shall be charged to all commercial, industrial, institutional and governmental users of the landfill. No disposal fee will be charged to individual household residents except for the disposal of tires, white goods and yard waste or items requiring special handling. The Board shall adopt a schedule of fees from time to time which shall be effective until amended or replaced.
(I) The Board, at is discretion, may exempt the disposal of certain designated materials from the fee requirements. The state’s Department of Transportation shall not be charged a fee for disposing of roadside garbage and litter.
(J) No tires, lead-acid batteries, used motor oil, white goods or yard waste shall be disposed of at the landfill. However, tires, lead-acid batteries, used motor oil, white goods, yard waste and other materials shall be accepted by waste reduction and recycling programs at the landfill and a fee shall be charged to all commercial, industrial, institutional, governmental and residential users.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
(A) No person may operate a land-clearing and/or inert debris landfill without first obtaining a permit from the Division. A permit fee shall be adopted, from time to time, by the Board which shall be effective until amended or replaced.
(B) Applications to locate and/or operate land-clearing debris landfills shall contain the following information and shall be submitted to the Division:
(1) Zoning approval from the local governing body;
(2) A preliminary site plan (four copies) contains:
(a) Map or aerial photo providing the following information within one-fourth mile of the site:
1. Entire property owned by applicant on which disposal site will be located;
2. Location of all homes, buildings, public or private utilities, roads, wells, watercourses and general topography; and
3. Whether all or a portion of site is in flood hazard area (FEMA or Flood Hazard Soils) and location of the flood hazard area.
(b) Location of site on county road map;
(c) All information required in division (B)(1) of this section; and
(d) Any other pertinent information, requested by the Division.
(3) Upon approval of the preliminary site plan, a final site and operation plan (six copies) showing:
(a) A plot plan of the proposed site showing the property boundary, proposed landfilling limits, access controls, roads and streams;
(b) Erosion and sedimentation control plan which conforms to the standards set forth in the County Erosion and Sedimentation Control Ordinance;
(c) A description of the site that would be sufficient as a description in an instrument of conveyance (copy of deed);
(d) Type of material to be disposed of at the site;
(e) Name, address and phone number for party responsible for operation and maintenance of the site;
(f) Projected use after completion of the fill;
(g) All information required in the Unified Development Ordinance; and
(h) Any other pertinent information, including limits of the 100-year flood plain where applicable.
(C) Prior to receiving land-clearing and inert debris on any new site, the licensee shall:
(1) Record the permit as required by G.S. § 130A-301.1;
(2) Complete site preparation according to the approved operational plan; and
(3) Submit to an inspection by a representative of the Division.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
Any person who maintains or operates a land-clearing and/or inert debris landfill shall maintain and operate the site in conformance with the following practices unless otherwise directed by the Division.
(A) Approved operational plans shall be followed as specified.
(B) Sedimentation and erosion control measures shall be constructed according to the operational plan and maintained as necessary.
(C) Access to the site shall be barricaded or manned when not in use by the operator.
(D) Dust control measures shall be implemented where necessary.
(E) Surface water shall be diverted from the operational area.
(F) Debris shall not be disposed of in water.
(G) Open burning of land-clearing and inert debris is prohibited.
(H) Equipment shall be provided to control accidental fires or arrangements shall be made with the local fire protection agency to immediately provide firefighting service when needed.
(I) No hazardous or liquid wastes shall be accepted or disposed.
(J) Prior to termination of operation and before earth moving equipment is removed from the site, the Division shall be notified in order that a site inspection may be made.
(K) Within one month after final termination of disposal operations at the site or a major part thereof or upon revocation of a permit, the area shall be covered with at least two feet of suitable compacted earth adequately sloped to allow surface water runoff in a controlled manner without on-site erosion and off-site siltation.
(L) The finished surface of the filled areas shall be stabilized according to the approved operational plan immediately after completion or as soon as practical, but not later than 45 calendar days.
(M) Once a land-clearing and inert debris landfill site has been closed, future necessary maintenance shall be the responsibility of the owner.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
(A) Any permit issued by the Division for operation of a land-clearing and/or inert debris landfill in the county may be revoked and a fine levied for violation of the regulations pertaining to operation and management of land-clearing and inert debris landfills.
(B) Whenever, upon inspection of land-clearing and inert debris disposal facilities, or associated operating methods, or practices, the Division finds that conditions exist which violate any part of this chapter, the Solid Waste Director shall give notice in writing by certified mail to the person responsible for operation of the facility that unless the conditions or practices are corrected or remedied within 20 days, then the permit for operation of the facility will be revoked. The notice shall set forth the measures necessary to bring the site back into compliance with the chapter.
(C) If after reinspection, the Division finds that the condition or practices have not been corrected, the operator will be notified that his or her license has been revoked. Upon receipt of this notice of revocation, the operator of the facility shall terminate operations immediately.
(D) The operator may request in writing to the Solid Waste Director a hearing before the Board in order that the operator may justify why the permit should not be revoked. The requests shall be received by the Solid Waste Director no later than ten days following notice of permit revocation. The hearing shall be scheduled for the next regular meeting of the Board.
(E) After hearing of the appeal, the Board shall affirm the revocation or direct the Solid Waste Director to reinstate the permit.
(F) Reinstatement or reissuance of a permit to operate a land-clearing debris landfill will be subject to review and rehearing by the Board.
(Ord. O-93-14, passed 9-7-1993)
A person operating or having operated an open dump for disposal of solid waste or a person who owns land on which an open dump is or has been operating shall immediately close the site in accordance with the following requirements:
(A) Implement effective vector control, including baiting for at least two weeks after closing, to prevent vector migration to adjacent properties;
(B) If the site is deemed suitable by the Division, compact and cover existing solid waste in place with two feet or more of suitable compacted earth; a condition of closing the site by compacting and covering the waste in place shall be recordation of the waste disposal location by the property owner with the County Register of Deeds. Copies of the recordation procedure may be obtained from and inspected at the Division;
(C) If the site is deemed unsuitable by the Division, remove and place solid waste in an approved disposal site or facility;
(D) Implement erosion control measures by grading and seeding; and
(E) Prevent unauthorized entry to the site by means of gates, chains, berms, fences and other security measures approved by the Division and post signs indicating closure for a period designated by the Division not to exceed one year.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
(A) In accordance with state statute, any person must obtain an annual privilege license from the county in order to site and operate a hazardous or low level radioactive waste site within the jurisdiction of this chapter.
(B) The rate or rates of a tax levied under authority of this section shall be established in accordance with the provisions of state statutes.
(C) Any person or firm taxed pursuant to this section may appeal the tax rate to the Governor’s Waste Management Board, but shall pay the tax when due, subject to a refund when the appeal is resolved by the governor’s Waste Board or in the courts.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
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