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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: April 18, 2006 <br />Action Agenda <br />Item No. ~j -~,, <br />SUBJECT: Requlated Recyclable Material Ordinance Amendments <br />DEPARTMENT: Solid Waste Mgmt/Attorney <br />PUBLIC HEARING: (YIN) Yes <br />ATTACHMENT(S): <br />Draft Ordinance <br />INFORMATION CONTACT: <br />919-732-2196 <br />Gayle Wilson, Solid Waste Director, <br />919-968-2885 <br />Genf Gledhill, County Attorney , <br />PURPOSE: To present suggested amendments to the Regulated Recyclable Material <br />Ordinance, conduct a public hearing, and consider approval of the proposed amendments on <br />first reading, <br />BACKGROUND: In December 2001, the BOCC adopted the Regulated Recyclable Material <br />Ordinance (RRMO) requiring the recycling of targeted materials (wood, metal, and cardboard <br />and other such "Regulated Material"), the permitting of construction projects (coordinated with <br />municipal Inspections Departments within the County), the licensing of waste haulers, and the <br />Certification of mixed recycling facilities, The effective date of enforcement was October 1, <br />2002. <br />In 2004, the Board adapted amendments to the RRMO including amendments to the <br />certification of recycling facilities section to clarify that the ordinance is in no way directing the <br />flow of waste to specific facilities, etc„ and to require the numbering and identification of <br />Regulated Material waste containers. <br />After additional experience administering the RRMO, the Orange County Solid Waste staff has <br />determined, in cooperation with the County Attorney, that a number of further revisions and <br />clarifications to the Ordinance are necessary. These changes are designed to better inform <br />those affected by the enforcement of the ordinance and to clarify questions that have arisen <br />since the last amendments to the ordinance were made. A previously distributed March 16, <br />2006 staff memo outlined these changes and the rationales for them, For ease of reference, <br />those are reproduced below: <br />A certification issued to a recycling facility is assignable to a new owner of the facility with <br />the permission of the Solid Waste Department, which permission may be reasonably <br />withheld, such as when the new owner does not or cannot meet the standards of the <br />ordinance. <br />This clarification is necessary to allow transfer of ownership for certified recycling <br />facilities without interrupting the ability of the facility to take regulated recyclable <br />materials from Orange County. The certification is assignable only if the facility does <br />