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ORD-2006-017 - Regulated Recyclable Material Ordinance Amendments
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ORD-2006-017 - Regulated Recyclable Material Ordinance Amendments
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Last modified
5/26/2011 11:51:51 AM
Creation date
8/5/2010 10:13:20 AM
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BOCC
Date
4/18/2006
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
8c
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Agenda - 04-18-2006-8c
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\Board of County Commissioners\BOCC Agendas\2000's\2006\Agenda - 04-18-2006
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4 $400 <br />5 or more $500 <br />Notwithstanding the foregoing, failure to comply with a Stop Haul Order shall <br />subject the violator to an additional civil penalty in the amount of $250 per <br />vehicle or container that is hauled in violation of a Stop Haul Order. <br />5. Stop Haul Orders <br />A. Whenever any collector of regulated recyclable material has violated or is <br />in the process of violating this Ordinance as set forth in paragraph 8 of <br />SECTION V of this Ordinance, the Department may, either before or after <br />the institution of any other action or proceeding authorized by this <br />Ordinance, issue a stop haul order for the vehicle or container involved <br />in the violation, specifying the violation of this Ordinance. Upon <br />issuance of such an order and the posting of same on the vehicle or <br />container, all specified hauling or other activity related to the vehicle <br />or container that is the subject ,of the violation shall cease, except <br />those activities necessary to bring the vehicle or container into <br />compliance with this Ordinance. Notice of the stop haul order shall be in <br />writing, directed to the person conducting the prohibited activity and <br />shall state the reasons for the issuance of the order, and the conditions <br />under which hauling may be resumed. Said notice may be served on the <br />violator by mail or by posting on the vehicle or container that is in <br />violation of this Ordinance. <br />B. The person conducting the prohibited activity may appeal a stop haul order <br />to the County Manager within a period of five days after the order is <br />issued. Notice of appeal shall be given in writing to the County Manager, <br />with a copy to the Department. The County Manager shall conduct a hearing <br />at which the appellant and the Department shall be permitted to submit <br />relevant evidence, and shall rule on the appeal as expeditiously as <br />possible. Pending the ruling by the Manager on an appeal, no further <br />hauling shall take place in violation of a stop haul order. <br />6. Equitable remedies. This Ordinance may be enforced by equitable remedies. Any <br />unlawful condition existing or in violation of this Ordinance may beā¢enforced <br />by injunction and order of abatement in accordance with N.C.G.S. ~ 153A-123. <br />SECTION VIII. DEFINITIONS. For the purposes of this Ordinance, the following <br />definitions shall apply: <br />1. Board. The Board of Commissioners of Orange County. <br />2. Clean wood waste. Wood waste from construction and demolition activity that <br />is not treated and free of paint. Clean wood waste-does not include non- <br />reusable wood waste as defined in this Section. <br />3. Collection. The act of removing solid waste (including construction and <br />demolition waste or recyclable materials) from a point of generation to a <br />central storage point or to a disposal site, and .from a central storage <br />point processing center to a disposal site. <br />4. Condition of the License. Any requirement of this .Ordinance pertaining to <br />the activity of any person licensed under this Ordinance to collect or <br />otherwise haul regulated recyclable material within the County, other than <br />1~ <br />
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