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2 <br /> Memorandum AGENDA #4 <br /> To : Landfill Owners ' Group <br /> From: Bruce Heflin, Chapel Hill Public Works Director <br /> Subject : Penalty Fee for Disposal of Yard Waste <br /> Date : July 8 , 1993 <br /> The attached resolution, if adopted by the three governing bodies, <br /> would establish a fee two times the existing tipping fee for mixed <br /> waste as a penalty for improper disposal of yard wastes at the <br /> Orange Regional Landfill . This fee would take effect on October 1, <br /> 1993 if approved by the governing boards . <br /> The 1989 North Carolina General Assembly ratified Senate Bill 111, <br /> which prohibited yard trash in a sanitary landfill after January 1, <br /> 1993 . We recommend a local policy regarding the disposal of yard <br /> waste in the Orange Regional Landfill to ensure compliance with the <br /> law and to set a new fee for non-compliance . <br /> Background <br /> The Orange Regional Landfill for several years operated a <br /> combination construction debris/yard waste disposal area in the <br /> landfill , but separate from the sanitary fill area. Segregated <br /> loads of these wastes were diverted to this area as they were <br /> identified during the weighing operation. Yard wastes that entered <br /> the landfill commingled with other sanitary wastes routinely were <br /> placed in the sanitary area . Current state and landfill policies <br /> prohibit or discourage this practice . <br /> Presently, segregated yard wastes are placed in a stockpile to be <br /> ground periodically into mulch, which is to be sold to Orange <br /> County residents . Commingled yard waste must go to the sanitary <br /> landfill area, in technical violation of existing policies . We are <br /> attempting to eliminate the amount that must be placed into the <br /> sanitary area and to comply with state and local policies . As part <br /> of the Fiscal 1993-94 landfill budget, the Landfill Owners ' Group <br /> proposed a $3/ton tipping fee as an incentive to separate yard <br /> wastes so that they can be kept out of the sanitary fill area. <br /> The proposed penalty fee would provide a disincentive for those who <br /> mix these wastes rather than segregate them. In August, 1992 , the <br /> LOG discussed establishment of a penalty; however, no action was <br /> taken on the matter at that time . <br /> Our review of non-compliance with existing policies regarding <br /> separation shows that most of the violations are by private <br /> haulers, particularly those with roll-off containers . Due to the <br />