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

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BeverlY..6lythe -ordinancedraft16adopted-clean.doc ::::,:::::::::::::::::::::::9::::::::. 3. Applications for a RM permit shall be filed with the Department on forms furnished by Orange County.All applications must be accompanied by a processing fee. The amount of the fee will be set by the Board annually with the adoption by the Board of the annual budget ordinance of Orange County. 4. The Department will review and,within ten(10)days,make a decision on the RM permit. The } applicant will then be notified of the Department's decision within two (2)working days after the decision is made. A. If the RM permit application meets the requirements of this ordinance, a RM permit will be issued to the applicant. The RM permit is good for,one year from the date of issuance unless the expiration date of the permit is extended by the Department prior to expiration of the RM permit, for good cause shown. The RM permit applies only to the project for which the application was made. The permit shall prescribe the permissible methods of disposal of regulated recyclable material. If the project requires demolition or deconstruction not resulting from condemnation under the North Carolina Building Code, the permit may direct a delay in demolition or deconstruction, not exceeding sixty (60) days from the issuance of the RM permit, in order for the Department to perform an assessment of whether and to what extent the structure to be demolished or deconstructed consists of regulated recyclable materials that can be reasonably recycled. B. If the RM permit application does not meet the requirements of this ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM permit,the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the permit or affirming the denial of the permit. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five (5)working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing,including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the permit is deemed issued. If the Orange County Manager remands to the Department Director,the remand decision shall direct the matters to be reconsidered by the Department Director on remand. C. A permit shall be valid for a period of one year from the date of issuance. 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, shall 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. 6