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§ 50.14 LICENSING OF HAZARDOUS AND LOW LEVEL RADIOACTIVE WASTE FACILITIES.
   (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
§ 50.15 SOLID WASTE CONTAINERS SITES.
   (A)   Solid waste containers are maintained at numerous sites throughout the county for the convenience of county residents. Solid wastes may be deposited in the solid waste containers only in accordance with the provisions of this chapter.
   (B)   All solid wastes shall be deposited inside the solid waste container. No solid waste may be left at the solid waste disposal site outside the container.
   (C)   Commercial, industrial and institutional solid wastes may be deposited in solid waste containers only upon the written authorization of the Solid Waste Director.
   (D)   The following wastes may not be deposited in solid waste containers:
      (1)   Hazardous wastes;
      (2)   Liquid wastes;
      (3)   Regulated medical wastes;
      (4)   Radioactive wastes;
      (5)   Land-clearing debris;
      (6)   Dead animals;
      (7)   Concrete;
      (8)   Herbicides;
      (9)   Pesticides;
      (10)   Burning or smoldering materials, or any other materials that would create a fire hazard;
      (11)   Yard waste;
      (12)   Scrap tires;
      (13)   White goods;
      (14)   Out-of-county waste;
      (15)   Sharps not properly contained;
      (16)   Sludges;
      (17)   Used oil;
      (18)   Lead-acid batteries;
      (19)   Asbestos; or
      (20)   Any other material designated by the Division.
   (E)   No person shall loiter and/or congregate on any container site property and no vehicle shall be left unattended on the property.
   (F)   Solid waste containers shall not be used by licensed solid waste collectors as a means of disposal for solid waste collected from commercial, institutional, industrial or residential customers.
   (G)   No person shall remove any contents from solid waste containers.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
§ 50.16 RESIDENTIAL BACKYARD COMPOSTING.
   (A)   Generally. Backyard composting is considered a means of waste reduction in the residential community. Every person engaged in backyard composting in unincorporated areas of the county shall comply with all rules and regulations concerning proper composting procedures.
   (B)   Proper composting procedures.
      (1)   Waste materials being covered must be generated on the property on which the composting is to take place.
      (2)   Composting activity shall not occur within 25 feet of any structure or used dwelling which is located on adjacent property.
      (3)   Composting activity shall not create any conditions which are conducive to the existence and breeding of rodents and insects or otherwise creates a condition which is hazardous to the health of the community.
      (4)   Composting activity shall not produce any odor whatsoever which is offensive to individuals living in the vicinity that is detectable by an odor detection and measurement device when the device is used on adjacent properties. If composting is being done on a property on which more than one dwelling exists, the composting shall not create any detectable odor which offends the other inhabitants on the property.
      (5)   Composting activity shall not create any condition in which the material being composted may be blown from the property on which the composting is taking place.
      (6)   Materials being composted which may be attractive to animals such as dogs, cats, skunks, opossums or raccoons shall be protected in such a manner so as to prevent access to the composting material by the animals.
      (7)   Materials being composted shall not include human body wastes, fecal wastes from dogs, cats and other household pets, and meat or dairy waste products.
(Ord. O-93-14, passed 9-7-1993) Penalty, see § 50.99
§ 50.17 RECYCLABLE CORRUGATED CARDBOARD SURCHARGE PROGRAM.
   (A)   Recyclable corrugated cardboard, that is, corrugated cardboard as the term is commonly understood and which businesses and dealers in the area are willing to purchase when it is delivered to them, is a solid waste for which a surcharge will be imposed for the disposition at county’s solid waste management facilities, effective 9-4-2000.
   (B)   Public or private haulers servicing commercial, industrial, institutional and governmental establishments and disposing of loads which constitutes 10% or more of recyclable corrugated cardboard by weight or volume shall pay double the tipping fee per ton at the facility.
   (C)   The County Manager is authorized to promulgate administrative procedures to carry out this chapter.
   (D)   If local waste paper and corrugated cardboard stock dealers refuse to accept recyclable corrugated cardboard or, if commercial, industrial, institutional and governmental establishments must pay local waste paper and corrugated cardboard stock dealers to recycle recyclable corrugated cardboard, then a review of the program will be conducted by the Board of Commissioners and the continued viability of the section will be determined.
(Ord. O-93-14, passed 9-7-1993; Ord. O-92-24, passed - -; Ord. O-00-23, passed - -)
§ 50.18 FLOW CONTROL.
   (A)   All solid waste generated within the designated geographic area of the County Solid Waste Management Plan that is placed in the waste stream for disposal shall be collected, transported and disposed of at a county resource recovery facility or a county landfill. The removal of solid waste from within the geographic area for disposal is prohibited. The disposal of solid waste generated in areas outside the boundaries of the county in county-owned solid waste management facilities is prohibited. This section shall not be construed to prohibit the source separation of materials from solid waste prior to collection of the solid waste for disposal.
   (B)   No person, except licensed private collectors and county or municipal collectors, shall collect or remove any solid waste within the county for disposal.
   (C)   The Solid Waste Division shall establish a system of classification for classes of solid waste that shall be consistent with a system of classification in the solid waste management plan. The classification system shall be used as a basis for requiring that only solid waste be delivered to an appropriate county disposal facility in accordance with the solid waste management plan.
(Ord. O-93-14, passed 9-7-1993; Ord. O-94-1, passed 1-31-1994) Penalty see § 50.99
§ 50.19 LITTERING.
   (A)   It shall be unlawful for any person to sweep, throw or deposit, or to permit, allow, maintain or contribute to the sweeping, throwing or depositing of any litter into, upon or along a drain, gutter, street, road, highway, sidewalk, alley, vacant or occupied lot, walk, parking lot, embankment, or upon any public or private premises within the county; however, it shall not be unlawful to dispose of litter in any manner otherwise approved in this chapter.
   (B)   Any vehicle, which is collecting or transporting solid waste, shall be covered with canvas or other substantial material to prevent contents from falling, leaking, spilling or being blown from the vehicle.
   (C)   The following are presumptions that apply in to this section.
      (1)   (a)   Owner/operator of vehicle presumed responsible. The operator or owner of a vehicle is presumed responsible for any litter, which has been thrown, dropped, or in any way otherwise disposed of from his or her vehicle.
         (b)   Agricultural exemption. The operator of any vehicle transporting any nontoxic, biodegradable agricultural product or agricultural supply is not presumed responsible for any product or supply coming from his or her vehicle.
      (2)   (a)   Person presumed to be responsible for litter. If any litter is identified as having belonged to, been in the possession of, or received by any person, the person shall be presumed responsible for the litter.
         (b)   First violation exception. For a first violation, the presumed responsible party may be relieved of responsibility upon providing clear and convincing evidence to the County Environmental Services Director that the subject litter was properly delivered to a municipal or private-sector waste hauler for disposal.
   (D)   It shall be unlawful for any owner, occupant or lessee of property to allow the accumulation of any litter upon their premises; however, it shall be prima facie evidence that the accumulation was not allowed if aforementioned persons have complied with § 50.04.
   (E)   This section is supplemental to and does not in anyway interfere, obstruct or override enforcement of the criminal offense of littering as set forth in G.S. § 14-399.
(Ord. passed 12-3-2007) Penalty, see § 50.99
§ 50.20 ENFORCEMENT.
   (A)   Remedies. This chapter may be enforced by equitable remedies and any unlawful condition existing or in violation of this chapter may be enforced by injunction and order of abatement in accordance with G.S. § 153A-123.
   (B)   Persons to enforce. This chapter may be enforced by the County Environmental Services, Solid Waste Management Division and the County Sheriff’s Department.
(Ord. O-93-14, passed 9-7-1993)
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