ORD-2004-011 - Regulated Recyclable Material Ordinance Amendments

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Exhibit A AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF REGULATED RECYCLABLE MATERIAL IN ORANGE COUNTY SECTION I. FINDINGS. Orange County, North Carolina does hereby find that: Orange County has heretofore adopted ordinances governing the storage, transportation, and recycling of solid waste within the unincorporated sections of County; and Orange County owns and operates solid waste management facilities as a public enterprise to protect the citizens of Orange County and the environmental health both within the unincorporated areas of the County and within the municipalities in Orange County; and Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane have heretofore adopted and followed separate ordinances for the regulation of solid wastes within their respective jurisdictions; and Siting and permitting of construction and demolition landfills and sanitary landfills has become increasingly difficult; the disposal of solid waste and construction and demolition waste has become increasingly more expensive; and construction and demolition waste continues to be disposed of through open burning, adding to the increasing air pollution problem within the County; and Units of local government are charged by the legislature in N.C.G.S. § 130A- 309.09A(b) to make a good faith effort to achieve the State's forty percent (40 %) municipal solid waste reduction goal by the year 2006; and Orange County has committed itself to recycling recyclable materials, including construction and demolition waste, as part of its own solid waste reduction goal of 61% by the year 2006; and Construction and demolition waste constitutes approximately one -third (1/3) of the overall solid waste stream delivered to the Orange County Landfill, at least fifteen percent (15 %) of which is readily recoverable for purposes of recycling, secondary- market salvage, or re- integration into existing or subsequent projects; and Orange County has the legal authority under State law, including but not Iimited to N.C..G.S. § 153A -136, § 153A -445, and § 130A- 309.09B, to enact regulations with respect to the disposal of solid waste including recyclable material, land- clearing debris that is not sold as timber or chipped for use onsite or sale, and to provide reasonable penalties and other provisions for the enforcement thereof, NOW THEREFORE be it ordained by Orange County as follows: SECTION 11. PURPOSE AND APPLICATION. The purpose of this ordinance is to regulate the storage, collection, transportation, use, disposal and other disposition of regulated recyclable material in Orange County. This ordinance is adopted pursuant to the authority contained in N.C..G.S. §§ 153A -121, 123, 132.1, 136, 274- 278,291-293,445, and N.C..G.S. §§ 130A-309.01-309,08,309-09A, 309.09B, 309.09C, 309.09D. Unless otherwise indicated, this ordinance pertains to all solid waste activity in Orange County.