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I <br />SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. <br />1. Any facility accepting regulated recyclable materials, commingled with other <br />solid waste (hereafter "commingled regulated recyclable materials ") <br />originating from within Orange County, must be certified as an approved <br />Commingled Recycling Facility. Any person wishing to dispose of commingled <br />regulated recyclable materials originating from within Orange County may only <br />do so by delivery to a facility which has been certified as an approved <br />Commingled Recycling Facility. In order to be certified as an approved <br />Commingled Recycling Facility, the facility must make application for <br />certification as an approved Commingled Recycling Facility. All applications <br />must be accompanied by a processing fee. The amount of the fee will be set by <br />the Board annually with the adoption by the Board of the annual budget <br />Ordinance of Orange County. The application must include documentation that <br />the applicant has: <br />A. one of the following valid state permits issued by the state where the <br />facility is located to which Regulated Recyclable Material is to be <br />delivered (1) Solid Waste Landfill, (2) Processing and Recycling, or (3) <br />Solid Waste Transfer, or (4) Composting Facility permit; and <br />B. One of the following: <br />(1) a documented performance of separating and marketing all those <br />materials required by this Ordinance to be recycled demonstrated by <br />twelve (12) months of tonnage detailing all Regulated Recyclable <br />Material the facility has received and receipts for all Regulated <br />Recyclable Material marketed; or <br />(2) a documented performance of at least 30% recycling of all material <br />that the Commingled Recycling Facility accepts demonstrated by twelve <br />(12) months of tonnage detailing all material the facility has <br />received and receipts for all material separated and marketed. In <br />making this recycling performance calculation: (1) inert debris (such <br />as, for example, concrete, dirt, rock and asphalt paving) shall be <br />excluded from the material accepted and from the material recycled; <br />and (2) fifty percent (50 %) of fines (mechanically screened material <br />resulting from the operation of a mechanical waste recovery system) <br />shall be considered inert debris and the other fifty percent (50 %) may <br />be counted as material accepted and material recycled. <br />2. Certification. <br />A. A Facility complying with the above requirements shall be certified as an <br />approved Commingled Recycling Facility by the Department. This <br />certification will be valid for one year from the date of approval by the <br />Department and must be renewed annually. The owner of an approved <br />Commingled Recycling Facility may assign ownership of the Facility to <br />another owner with the consent of the Department, which consent shall not <br />be unreasonably withheld. The owner of an approved Commingled Recycling <br />Facility must provide at least 15 days advance notice to the Department of <br />a proposed assignment. <br />