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ORD-2001-031 Regulated Recyclable Materials Ordinance (2)
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ORD-2001-031 Regulated Recyclable Materials Ordinance (2)
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Last modified
10/26/2012 12:05:02 PM
Creation date
10/23/2012 3:40:30 PM
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BOCC
Date
12/10/2001
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9e
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Ord i n.doc <br /> A. When the Department finds that a RM licensee has violated a condition of the license,the <br /> licensee shall receive written notice of the violation and be informed that if the violation is <br /> not corrected or if another violation occurs within thirty (30)working days the RM license <br /> shall be revoked. Notice of the revocation shall be by written notice from the Department <br /> delivered or mailed by first class mail to the licensee. Delivery by first class mail shall be <br /> the method of delivery if the licensee cannot readily be served with the notice of revocation <br /> in person. Upon receipt of the revocation notice, the RM licensee shall stop collecting, <br /> transporting,or disposing of regulated recyclable material originating in Orange County. <br /> B. The Department may reinstate a RM license revoked for a violation of a permit condition <br /> after the revocation has been in effect for thirty (30)working days if the Department finds <br /> that the RM permit conditions causing the violation have been corrected. <br /> C. When the Department finds that a RM licensee has transported or accepted for transport <br /> any regulated recyclable material that has not been separated for purposes of recycling, or <br /> which has been commingled with non-regulated recyclable material or solid waste, unless <br /> the material and/or waste is to be delivered to an approved Commingled Recycling <br /> Facility, the RM license shall be revoked for one year if: <br /> 1. the violation has occurred within thirty(30)days of another such violation, or <br /> 2. the violation is the fifth such violation to occur within one(1)year. <br /> The holder of a revoked RM license may reapply after one year of the date of revocation <br /> for a new license. Any person whose RM license was previously revoked and who <br /> subsequently received a new license will have that license revoked upon the receipt by that <br /> person of a single additional violation. <br /> 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor <br /> punishable by a fine not to exceed five hundred($500) dollars or imprisonment for not more <br /> than thirty (30) days, or both. Each day's continuing violation is a separate and distinct <br /> offense. Each violation is a separate and distinct offense. <br /> 4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil <br /> penalty of not to exceed five hundred ($500) dollars as provided herein and as authorized by <br /> N.C.G.S. § 153A-123. Each violation incident is a separate and distinct offense. <br /> The Department Director may issue to any person who or that has violated this <br /> ordinance, a citation giving notice of the alleged violation(s) and the civil penalty <br /> imposed. Citations so issued may be delivered or mailed by first class mail to the <br /> person violating this ordinance. Delivery of the citation by first class mail shall be the <br /> method of delivery if the person violating the ordinance cannot readily be served in <br /> person. The following civil penalties shall be assessed for each violation of this <br /> ordinance: <br /> (1) Failure to obtain a regulated recyclable material collection license. <br /> (2) Failure to recycle regulated recyclable material as <br /> defined in this Ordinance. <br /> (3) Failure to obtain an approved RM permit as defined <br /> in this Ordinance. <br /> Number of Prior Amount <br /> Violations <br /> 0 $50 <br /> 1 $100 <br /> 7 <br /> ............................................................... <br />
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