ORD-2001-031 Regulated Recyclable Materials Ordinance (2)

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Commissioner Brown asked about the amount of money given to the Sheriff's Department 17 4-' and to the school systems. Dave Walters said that the school systems receive certain amounts based on enrollment. The Sheriff's Department allocation stayed the same this year. 7. PUBLIC HEARINGS A. Regulated Recyclable Materials Ordinance The Board held a public hearing to receive public comment on a draft Regulated Recyclable Materials Ordinance. Assistant County Manager Rod Visser said that the purpose of this agenda item was to receive public comment about a proposed regulated recyclable materials ordinance that has been in development for the past 12-15 months. It represents one of the major recommendations from the C&D Recycling Task Force that met from late 1999 through the summer of 2000. It recognizes that about 1/3 of the County's waste stream is made up of C&D materials and has been untapped in terms of what the County can do to try to improve per capita reduction in solid waste. Solid Waste Director Gayle Wilson made a power point presentation, which is incorporated herein by reference. In summary, he explained the various parts of the ordinance. He said that this ordinance would fundamentally change the way construction waste is managed in Orange County. Chair Halkiotis made reference to page four of the ordinance and asked about the proposal on the state regulation of agricultural operations related to burning activities. County Attorney Geoffrey Gledhill said that because development permits in counties are not regulated through the zoning regulations, then those development permits would not apply to agricultural practices. This regulation is regulating solid waste and the burning of trees and stumps for a development activity. The burning of trees and stumps in an agricultural activity is exactly the same activity being done for a different purpose. It creates an ordinance problem to exempt one activity and include the other. Commissioner Brown asked about going to the municipalities to ask them to consider adopting this ordinance. Geoffrey Gledhill said that this ordinance would apply everywhere outside of the municipal boundaries until and unless it is adopted by resolution by one of the Towns. Commissioner Jacobs asked which ordinances the County has that are similarly adopted by the municipalities. Geoffrey Gledhill said that the County's Erosion Control Ordinance is in place in Carrboro, Hillsborough, and the Orange County portion of Mebane. Chapel Hill has adopted, carte blanche, the Orange County Erosion Control Ordinance and works with the County because part of Chapel Hill is not in Orange County. Also the Animal Control Ordinance is at work in Hillsborough. There are several other ordinances, which have been adopted by municipalities. Chair Halkiotis reminded the public that this was a draft ordinance. CITIZEN COMMENTS Vaughn Compton said that the way this ordinance is written does not affect him. He would like to see this ordinance adopted with consideration for the farmers of Orange County. He sells firewood. He asked about the difference between people burning stumps and 1,000 people burning fireplaces and wood stoves. Geoffrey Gledhill said that this ordinance is not regulating emissions but it is regulating solid waste. The wood sold and used in fireplaces is not solid waste. Johnny Johnson is a private hauler. He asked that the County Commissioners consider the illegal dumping and to not penalize someone else for someone illegally dumping on their property. He feels that this ordinance will cause an increase in illegal dumping. Reese Martin, a grading and clearing contractor from Northern Orange County, said that the materials generated from an agricultural standpoint and from a development standpoint have to be dealt with. He is concerned that the issue of doing away with the burning is going to cause a problem with what to do with the materials. He purchased a piece of equipment that allows him to burn at a high temperature with virtually no smoke. He asked for an exemption from the burning ordinance if this type of equipment were used. He distributed a brochure describing this piece of equipment. This machine cost$30,000. Jim Meloy, a member of the Remodelers Council of the Homebuilders Association of Durham and Orange County, said that the association supports this ordinance, but the County Commissioners need to understand that this activity will increase the cost of a home in Orange County. Section 6 4-B of the