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draft # I S <br />09-05-2001 <br />SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES. <br />1. Any facility ~cepting regulated recyclable materials, commingled with other solid waste <br />(hereafter "commingled regulated recyclable materials' originating from within Orange <br />County, must be certified as an approved Commingled Recycling Facility. Any person <br />wishing to dispose of commingled regulated recyclable materials originating from within <br />Orange County may only do so by delivery to a facility which has been certified as an <br />approved Commingled Recycling Facility. In order to be certified as an approved <br />Commingled Recycling Facility, the facility must submit documentation to the Department <br />exhibiting the following: <br />A. a valid North Carolina (1) Solid Waste Landfill, (2) Processing and Recycling, or (3) <br />Composting Facility permit; and <br />B. One of the following: <br />(1) the technical ability to separate and market all those materials required by this <br />ordinance to be recycled by Orange County, or <br />(2) a documented performance of at least 30% recycling of all materials that the Facility <br />accepts. Inert debris shall be excluded from the material accepted and from the <br />material recycled in the recycling performance calculation. <br />2. Certification. <br />A. A Facility complying with the above requirements shall be certified as an approved <br />Commingled Recycling Facility by the Department. This certification will lx valid for <br />one year from the date of approval by the Department and must be renewed annually. <br />B. If the certification application does not meet the requirements of this ordinance, the <br />notification of denial shall state the reasons that the application was denied. If the <br />Department denies certification pursuant to this Section, the applicant may request a <br />hearing with the Department Director. The Department Director shall keep minutes of the <br />hearing, including all documents that are part of the application and all documents <br />submitted at the hearing. Within one week after the hearing the Department Director shall <br />give the applicant written notice of the decision either granting the certification or <br />affirrning the denial of the certification. The applicant may appeal the Department <br />Director's decision to the Orange County Manager by giving written notice of appeal to <br />the County Manager within five (5) working days of receipt of the Department Director's <br />decision. The Manager shall reverse, affirm or remand the decsion of the Department <br />Director to the Department Director based on the minutes of the hearing, including all <br />documents that are part of the minutes. If the decision of the Orange County Manager is <br />to reverse the decision of the Department Director, the applicant is deemed certified. If <br />the Orange County Manager remands to the Department Director, the remand decision <br />shall direct the matters to be reconsidered by the Department Director on remand. <br />SECTION V. LICENSING COLLECTORS OF REGULATED RECYCLABLE <br />MATERIAL. <br />1. Any person collecting or otherwise hauling regulated recyclable materialwithin the County <br />in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater must <br />obtain a regulated recyclable material collection license ("RM ficense'~. Each vehicle used <br />by the licensed collector or hauler must be registered with the Department. The cost of <br />registering each vehicle used to collect or haul regulated recyclable material pursuant to a <br />RM license shall be $25. <br />3 <br />