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(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
(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
(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 - -)
(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
(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
(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)
This chapter shall become effective at 12:01 a.m., 10-1-1993, and supersedes and nullifies the former “Ordinance Regulating the Management of Solid Waste in Wake County, North Carolina” which was adopted by the County Board of Commissioners on 12-21-1981.
(Ord. O-93-14, passed 9-7-1993)
(A) For purposes of this section, a construction and demolition debris (C&D) landfill is defined as a facility for the disposal of solid waste pursuant to G.S. § 130A-294 and 15A NCAC 13B.0542.
(B) Every permit holder for operation of a C&D landfill in Wake County's unincorporated area must obtain a franchise from the Wake County Board of Commissioners. With respect to franchises in existence on and as of the effective date of this section, such franchises are subject to the conditions and requirements set forth in divisions (D), (E)(2) through (E)(7), (H), and (I) of this section. The expiration date of any franchise already in effect as of the effective date of this section will not change as a result of this section.
(C) For a new C&D landfill, the Board of County Commissioners may issue a franchise upon presentation of the following information to the county:
(1) The name and address of the applicant and owner of the proposed landfill site;
(2) The trade or other names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name;
(3) All information required under G.S. § 130A-294(b1)(2);
(4) Evidence that the Wake County Board of Adjustment has granted a special use permit for the proposed C&D landfill; and
(5) Evidence of the owner/applicant's compliance history at waste disposal facilities in North Carolina if the owner/applicant has experience owning or operating such facilities within the last three years. Evidence includes a copy of all federal, state, or local notices of violation (NOV) the facility has received in the previous three years, and a copy of all inspection reports received in the previous three years from any regulatory agency that has conducted routine inspections at the facility during the previous three years.
(D) For a revision to the franchise of an existing C&D landfill, the Board of County Commissioners may issue a revised franchise upon presentation of the following information to the county:
(1) A transmittal letter that highlights the requested changes by comparing the key points of the existing franchise to the requested revision;
(2) The name and address of the applicant and owner of the landfill site;
(3) The trade or other names, if any, under which the applicant does business, along with a certified copy of an assumed name certificate stating such name or articles of incorporation stating such name;
(4) All information required under G.S. § 130A-294(b1)(2);
(5) A letter from the Wake County Planning Development and Inspections Division stating:
(a) That to its knowledge there are no existing violations of the permits, ordinances, and regulations governing the C&D landfill that the Division enforces, including but not limited to the special use permit for the C&D landfill; and
(b) Whether or not the proposed franchise change would require action from the Wake County Board of Adjustment to modify the special use permit.
(6) A letter from the Wake County Environmental Services Department stating that to its knowledge there are no existing violations of the permits, ordinances, and regulations governing the C&D landfill that the Department enforces, including but not limited to well, septic, sedimentation and erosion control, and grading permits;
(7) A letter from every section of the North Carolina Department of Environment and Natural Resources (NCDENR) that has issued a permit to the C&D landfill stating that to its knowledge there are no existing violations of the permits, statutes, and regulations governing the C&D landfill that that section of NCDENR enforces;
(8) A copy of all federal, state, or local notices of violation (NOV) the C&D landfill has received in the previous five years;
(9) A copy of all inspection reports from any NCDENR inspection during the previous five years;
(10) A copy of the five most recent reports submitted to NCDENR reporting the total annual tonnage received at the C&D landfill and the geographic origin of the tonnage; and
(11) Evidence that the Wake County Board of Adjustment has modified or reissued the special use permit for the C&D landfill if required in division (D)(5) above.
(E) Unless alternate language is approved by the Board of County Commissioners, all new franchises shall have the following specifications:
(1) Franchises automatically expire five years after the date of Board of County Commissioner approval unless the owner/applicant:
(a) Submits a letter to the Environmental Services Director that includes a copy of any and all required NCDENR permit(s) to operate the C&D landfill under the conditions described in the new franchise; or
(b) Requests an extension from the Board of County Commissioners;
Upon satisfaction of division (E)(1)(a) above, the term of the franchise shall be 20 years from the date the NCDENR permit issued, or such shorter period set by the Board of County Commissioners.
(2) Any change to the list of specific conditions noted in the application or offered by the owner/applicant, including but not limited to a description of the geographic service area, a description of the volume and characteristics of the waste stream, and the annual tonnage threshold, shall require the owner/applicant to request a franchise revision from Board of County Commissioner as described in division (D) above;
(3) Any change to the operation of the C&D landfill that is considered a substantial amendment of the operating permit from NCDENR as defined by G.S. § 130A-294(b1)(1) shall require the owner/applicant to request a franchise revision from Board of County Commissioner as described in division (D) above;
(4) The only materials acceptable at the C&D landfill are those permitted under 15A NCAC 13B.0542 as of the effective date of this section. The owner/applicant may propose, and the Board of County Commissioners may accept, a more restrictive list of materials than those permitted under 15A NCAC 13B.0542 as of the effective date of this section;
(5) Any request by the owner/applicant to modify the list of acceptable waste pursuant to 15A NCAC 13B.0542(e)(4) shall require the owner/applicant to request a franchise revision from Board of County Commissioner as described in division (D) above;
(6) The owner/applicant shall copy the Wake County Environmental Services Department on all correspondence with NCDENR regarding operational changes at the landfill;
(7) The owner/applicant shall provide to the Wake County Environmental Services Department annually a document signed by the owner/applicant listing the conditions of the franchise (geographic service area, annual tonnage limit, etc.) and certifying whether or not the C&D landfill complied with those conditions over the past year; and
(8) Any other specification or condition that the Board of County Commissioners chooses to impose.
(F) The Board of County Commissioners shall schedule and hold a public hearing consistent with the requirements of G.S. § 130A-294(b1)(3). In addition to the public notice requirements of G.S. § 130A-294(b1)(3), a notice of the hearing shall be:
(1) Published at least once in a newspaper of general circulation not less than 30 calendar days prior to the date established for the hearing; and
(2) Posted on the property at a place(s) visible to all public roads adjacent to the landfill site.
(G) All forms of public notice described in division (F) above shall be reasonably calculated to inform the public of the location, date, time and purpose of the hearing. The owner/applicant shall provide an affidavit to the county not less than ten days before the date of the hearing that the required notices have been posted. All expenses associated with public notice requirements shall be borne entirely by the owner/applicant.
(H) Due to the administrative burden of processing C&D franchise requests, the owner/applicant may only submit one request per C&D landfill facility every 18 months unless the owner/applicant can demonstrate to the Board of County Commissioners that the additional request is substantially different than the original request, is due to unforeseen circumstances or an emergency, or is for the purpose of correcting a minor technical deficiency or administrative error.
(I) The C&D franchise may be revoked and/or suspended for violation of the conditions and specifications of the franchise. If county staff discovers a violation, the Solid Waste Director shall give notice in writing to the person responsible for operation of the facility that the facility's franchise will be revoked or suspended unless the violation is remedied. The notice shall set forth the measures necessary to bring the site back into compliance with the franchise ordinance and specify a deadline for the corrective actions to be completed. If after the deadline the violation has not been remedied, the operator will be notified that the franchise has been revoked or suspended. Upon receipt of this notice of revocation or suspension, the operator of the facility shall terminate operations immediately. The operator may request in writing to the Solid Waste Director a hearing before the Board of County Commissioners in order that the operator may justify why the franchise should not be revoked or suspended. The request shall be received by the Solid Waste Director no later than ten days following notice of franchise revocation or suspension. The hearing shall be scheduled for the next regular meeting of the Board of County Commissioners. After hearing of the appeal, the Board shall affirm the revocation or suspension, or direct the Solid Waste Director to reinstate the franchise.
(Ord. passed 9-7-1999; Ord. OA-01-12, passed 3-19-2012)
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