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6 <br /> SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. <br /> 1. Any facility accepting regulated recyclable materials, commingled with other solid waste <br /> (hereafter "commingled regulated recyclable materials',,/)'originating from within Orange <br /> County, must be certified as an approved Commingled Recycling Facility. Any person <br /> wishing to dispose of commingled regulated recyclable materials originating from within <br /> Orange County may only do so by delivery to a facility which has been certified as an <br /> approved Commingled Recycling Facility. In order to be certified as an approved <br /> fended / /02 Commingled Recycling Facility, the facility must make application for certification as an <br /> approved Commingled Recycling Facility All applications must be accompanied by a <br /> processing fee. The amount of the fee will be set by the Board annually with the <br /> adoption by the Board of the annual budget ordinance of Orange CountyThe <br /> application must include documentation that the applicant has ff••s+ subw <br /> r <br /> A. a valid North Carolina(1) Solid Waste Landfill, (2)Processing and Recycling, 3 Solid <br /> fended-/_/02 _Waste Transfer, or(43)Composting Facility permit; and <br /> B. One of the following: <br /> (1) the technical ability to separate and market all those materials required by this <br /> ordinance to be recycled by Orange County,or <br /> (2) a documented performance of at least 30%recycling of all materials that the Facility <br /> accepts. Inert debris shall be excluded from the material accepted and from the <br /> material recycled in the recycling performance calculation. <br /> 2. Certification. <br /> A. A Facility complying with the above requirements shall be certified as an approved <br /> Commingled Recycling Facility by the Department. This certification will be valid for <br /> one year from the date of approval-by the Department and must be renewed annually. <br /> B. If the certification application does not meet the requirements of this ordinance, the <br /> notification of denial shall state the reasons that the application was denied. If the <br /> Department denies certification pursuant to this Section, the applicant may request a <br /> hearing with the Department Director.The Department Director shall keep minutes of the <br /> hearing, including all documents that are part of the application and all documents <br /> submitted at the hearing.Within one week after the hearing the Department Director shall <br /> give the applicant written notice of the decision either granting the certification or <br /> affirming the denial of the certification. The applicant may appeal the Department <br /> Director's decision to the Orange County Manager by giving written notice of appeal to <br /> the County Manager within five(5)working days of receipt of the Department Director's <br /> decision. The Manager shall reverse, affirm or remand the decision of the Department <br /> Director to the Department Director based on the minutes of the hearing, including all <br /> documents that are part of the minutes. If the decision of the Orange County Manager is <br /> to reverse the decision of the Department Director, the applicant is deemed certified. If <br /> the Orange County Manager remands to the Department Director, the remand decision <br /> shall direct the matters to be reconsidered by the Department Director on remand. <br /> SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE <br /> MATERIAL. <br /> 1. Any person collecting or otherwise hauling regulated recyclable material within the County <br /> in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater must <br /> 3 <br />