Orange County NC Website
12 <br />The use of a RRMP permit, other than as allowed in the ordinance, will constitute a violation of this <br />ordinance. <br />B. If the RRMP plan does not meet the requirements of the ordinance, the Department will notify the <br />applicant in writing within two (2) working days of its decision. This notification will state the reasons <br />that the application was denied. If the Department denies an applicant a permit, the applicant may <br />request a hearing with the Director. The Director shall keep summary minutes of the hearing and <br />within one week after the hearing shall give the applicant written notice of the decision either granting <br />the permit or affirming the denial of the permit. The notice shall provide reasons for denial if the <br />Director sustains the Department's denial. The Solid Waste Management Department shall prescribe <br />the permissible methods of disposal of recyclable solid waste. <br />C. A permit shall be valid for a period of one year from the date of issuance. <br />SECTION VI: ENFORCEMENT. The following penalties shall pertain to violations of this ordinance: <br />1. Revocation of regulated recyclable material collection licensees. <br />A. When the Solid Waste Management Department finds that a licensee has violated this ordinance or the <br />conditions of the license, the licensee shall receive written notice of the violation and be informed that <br />if another violation occurs within thirty (30) working, days, or in the case of a continuing violation if it <br />is not corrected within ten (10) working days, the license shall be revoked through written notice from <br />the Department. Upon receipt of the revocation, the licensee shall stop collecting, transporting, or <br />disposing of regulated recyclable material in Orange County. <br />B. The Solid Waste Management Department may reinstate a revoked license after the revocation has <br />been in effect for thirty (30) working days if the Solid Waste Management Department finds that the <br />conditions causing the violation have been corrected. <br />C. A licensee whose license has been revoked may appeal the revocation to the Board by giving written <br />notice of the appeal to the Solid Waste Management Department within ten (10) working days of <br />receiving notice of revocation from the Solid Waste Management Department. After a hearing on the <br />appeal, the Board shall either affirm the revocation or direct the Solid Waste Management Department <br />to reinstate the license. <br />D. A total of five (5) instances of violation of this ordinance within a single year shall result in revocation <br />of a collection license for a period of one year. The holder of a revoked regulated recyclable material <br />collection license may reapply after one year of the date of revocation for a new license. Any person <br />whose license was previously revoked and who subsequently received a new license will have that <br />license revoked upon the receipt by that person of a single additional violation. <br />2. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine <br />not to exceed five hundred ($500) dollars or imprisonment for not more than thirty (30) days, or both. Each <br />day's continuing violation is a separate and distinct offense. Each violation is a separate and distinct offense. <br />3. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil penalty of not <br />to exceed five hundred ($500) dollars as provided in N.C.G.S. § 153A-123. Each violation incident is a <br />separate and distinct offense. <br />4. Remedies. This ordinance may be enforced by.egiuitable remedies. Any unlawful condition existing or in <br />violation of this ordinance may be enforced by injunction and order of abatement in accordance with N.C.G.S. <br />§ 153A-123. <br />5. In addition to and independent of any criminal penalties and other sanctions provided in this ordinance, a <br />violation of this ordinance may also subject the offender to the civil penalties hereinafter set forth.