ORD-2004-011 - Regulated Recyclable Material Ordinance Amendments

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Ii C. A permit shall be valid from the date it is issued and shall expire upon the expiration of the building permit and/or zoning compliance permit issued for the project for which application was made. SECTION VII: ENFORCEMENT. The following shall pertain to violations of this ordinance: 1. Double Tip Fee. Any person disposing of regulated recyclable material at the Orange County Landfill in violation of this ordinance, in addition to being subject to the other remedies provided in this ordinance, shalt pay, for the load or loads disposed of in violation of this ordinance, double the tip fee in effect at the time of the disposal. 2. Revocation of regulated recyclable material collection licensees.. A. When the Department finds that a RM licensee has violated a condition of the license, the licensee shall receive written notice of the violation and be informed that if the violation is not corrected or if another violation occurs within thirty (30) working days the RM license shall be revoked. Notice of the revocation shall be by written notice from the Department delivered or mailed by first class mail to the licensee. Delivery by first class mail shall be the method of delivery if the licensee cannot readily be served with the notice of revocation in person. Upon receipt of the revocation notice, the RM licensee shall stop collecting, transporting, or disposing of regulated recyclable material originating in Orange County. ►mended 483/04 B. The Department may reinstate a RM license revoked for a violation of a pert license condition after the revocation has been in effect for thirty (30) working days if the Department finds that the RM pemk license conditions causing the violation have been corrected. C. When the Department finds that a RM licensee has transported or accepted for transport any regulated recyclable material that has not been separated for purposes of recycling, or which has been commingled with non - regulated recyclable material or solid waste, unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility, the RM license shall be revoked for one year if 1. the violation has occurred within thirty (30) days of another such violation, or 2. the violation is the fifth such violation to occur within one (1) year. The holder of a revoked RM license may reapply after one year of the date of revocation for a new license. Any person whose RM license was previously revoked and who subsequently. received a new license will have that license revoked upon the receipt by that person of a single additional violation. 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred ($500) dollars or imprisonment for not more than thirty (30) days, or both. Each day's continuing violation is a separate and distinct offense.. Each violation is a separate and distinct offense. 4. Civil Penalty- Any person who is found in violation of this ordinance shall be subject to a civil penalty of not to exceed five hundred ($500) dollars as provided herein and as authorized by N.C.G.S. § 153A -123. Each violation incident is a separate and distinct offense.