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8everly Blythe- ordinancedraftl6adopted-ciean:doc Pa e 3 <br /> 9.......::; <br /> 7. No person may dispose of solid waste through open burning in Orange County. <br /> 8. No person may contaminate regulated recyclable materials so as to make them unrecyclable. <br /> SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. <br /> 1. Any facility accepting regulated recyclable materials,commingled with other solid waste(hereafter <br /> "commingled regulated recyclable materials')originating from within Orange County,must be <br /> certified as an approved Commingled Recycling Facility. Any person wishing to dispose of <br /> commingled 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 Commingled Recycling <br /> Facility. In order to be certified as an approved Commingled Recycling Facility, the facility <br /> must submit documentation to the Department exhibiting the following: <br /> A. a valid North Carolina(1)Solid Waste Landfill,(2)Processing and Recycling,or(3) <br /> 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 ordinance to <br /> 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 one <br /> 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 notification <br /> of denial shall state the reasons that the application was denied. If the Department denies <br /> certification pursuant to this Section, the applicant may request a hearing with the <br /> Department Director. The Department Director shall keep minutes of the hearing, <br /> including all documents that are part of the application and all documents submitted at the <br /> hearing. Within one week after the hearing the Department Director shall give the <br /> applicant written notice of the decision either granting the certification or affirming the <br /> denial of the certification. The applicant may appeal the Department Director's decision to <br /> the Orange County Manager by giving written notice of appeal to the County Manager <br /> within five (S) working days of receipt of the Department Director's decision. The <br /> Manager shall reverse, affirm or remand the decision of the Department Director to the <br /> Department Director based on the minutes of the hearing, including all documents that are <br /> part of the minutes. If the decision of the Orange County Manager is to reverse the <br /> decision of the Department Director, the applicant is deemed certified. If the Orange <br /> County Manager remands to the Department Director,the remand decision shall direct the <br /> matters to be reconsidered by the Department Director on remand. <br /> SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE <br /> 3 <br />