Agenda - 11-01-2001-3b - Laserfiche WebLink

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draft # I S 09-05-2001 C. When the Department fmds that a RM licensee has transported or accepted for transport any regulated recyclable material that has not been separated for purposes of recycling, or which has been commingled with non-regulated recyclable materialor solid waste, unless the material and/or waste is to be delivered to an approved Commingled Recycling Facility, the RM license shall be revoked for one year if: 1. the violation has occurred within thirty (30) days of another such violation, or 2. the violation is the fifth such violation to occur within one (1) year. The holder of a revoked RM license may reapply after one year of the date of revocation for a new license. Any person whose RM license was previously revoked and who subsequently received a rew license will have that license revoked upon the receipt by that person of a single additional violation. 3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed five hundred ($500) collars or imprisonment for not more than thirty (30) days, or both. Each day's continuing violation is a separate and distinct offense. Each violation is a separate and distinct offense. 4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a civil penalty of not to exceed five hundred ($500) dollars as provided herein and a~ authorized by N.C.G.S. § 153A-123. Each violation incident is a separate and distinct offense. The Department Director may issue to any person who or that has violated this ordinance, a citation giving notice of the alleged violation(s) and the civil penalty imposed. Citations so issued may be delivered or mailed by first class mail to the person violating this ordinance. Delivery of the citation by first class mail shall be the method of delivery if the person violating the ordinance cannot readily be served in person. The following civil penalties shall be assessed for each violation of this ordinance: (1) Failure to obtain a regulated recyclable material collection license. (2) Failure to recycle regulated recyclable material as defined in this Ordinance. (3) Failure to obtain an approved RM permit as defined in this Ordinance. Number of Prior Amount Violations 0 $50 1 $100 2 $200 3 $300 4 $400 5 or more $500 5. Equitable remedies. This ordinance may be enforced by equitable remedies. Any unlawful condition existing or in violation of this ordinance may be enforced by injunction and order of abatement in accordance with N.C.G.S. § 153A-123.