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7 <br /> B. Use of C&D recycling facilities outside the Orange County Landfill. <br /> Mixed construction waste recycling facilities are being developed in our region. Waste <br /> Industries,Inc. is developing one at their permitted Land Clearing and Inert Debris <br /> (LCID) facility in Durham where they will be able to remove recyclable wood wastes and <br /> other materials from what is delivered before they landfill the inert fraction.DH Griffin <br /> Wrecking is developing a mixed C&D waste separation facility in Raleigh that will likely <br /> be operational by the end of this calendar year. <br /> If a contractor is using Waste Industries or other owner of a C&D recycling facility as its <br /> hauler and/or states that they are hauling materials to a licensed recycling facility such as <br /> DH Griffin or Waste Industries, and that facility can demonstrate it is meeting a level of <br /> recycling and waste removal equal to that which would occur from compliance with the <br /> County's source separation-ordinance,then hauling of mixed materials to those type <br /> facilities could be permitted. A question then arises if a contractor states he is going to <br /> use an out-of-county mixed C&D waste recycling facility,must the permitted facility <br /> have exactly the same rules and list of recycled materials as Orange County or would an <br /> equivalent be sufficient if the facility could demonstrate that it met the same level of <br /> diversion and recycling as Orange County? Acceptance by Orange County of use of out- <br /> of-county recycling facilities that do not recycle the same materials as in Orange County <br /> as an alternative in the ordinance,would require inspection and/or certification of those <br /> facilities by Orange County, acceptance of the certification of such facilities by another <br /> party such as the State of North Carolina, the County in which the facility is located, or <br /> certification by an independent auditor. <br /> It should be noted that GS 130A-309.09D requires"...the owner or operator of a privately <br /> owned or operated municipal solid waste management facility shall not knowingly <br /> dispose of any type or form of municipal solid waste that is generated within the <br /> boundaries of a unit of local government that by ordinance: <br /> (1) Prohibits generators or collectors of municipal solid waste from disposing of <br /> that type,or form of municipal solid waste. - <br /> (2) Requires generators or collectors of municipal solid waste to recycle that type <br /> or form of municipal solid waste." <br /> In the table below are two options for requiring or not requiring source-separation before <br /> transporting regulated recyclable materials to out-of-county recycling facilities. <br /> Table 3 <br /> Use of Out-of-County C&D Recycling Facilities: <br /> Option Advantages Disadvantages <br /> 1.Require complete separation No judgment calls about whether May inhibit development of alternative <br /> of regulated recyclable other facilities are meeting Orange facilities that can readily meet the same <br /> materials before removal from Co.waste ordinance standards if percentage as Orange Co.but recycling a <br /> Orange County,regardless of source sep.and hauling still different mix of materials <br /> destination. required. <br /> 7 <br />