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<br />SECTION IV. CERTIFYING COMMINGLED RECYCLING FACILITIES.
<br />1. Any facility accepting 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 make application for certification as an
<br />approved Commingled Recycling Facility.. All applications must be accompanied by a
<br />processing fee. The amount of the fee will be set by the Board annually with the adoption by
<br />the Board of the annual budget ordinance of Orange County. The application must include
<br />documentation that the applicant has:
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<br />A. one of the following valid state permits issued by the state where the facility is
<br />located to which Regulated Recvclable Material is to be delivered (I) Solid Waste
<br />Landfill, (2) Processing and Recvcling, (3) Solid Waste Transfer, or (4)
<br />Composting Facilitv permit to operate; and
<br />B. one of the following:
<br />(I) a documented performance of separating and marketing all those materials
<br />required by this ordinance to be recvcled demonstrated bV twelve (12) months of
<br />tonnage detailing all Regulated Recvclable Material the facility has received and
<br />receipts for all Regulated Recvclable Material marketed; or
<br />(2) a documented performance of at least 30°/n recvcling of all material that the
<br />Commingled Recvcling Facilitv accepts demonstrated by twelve (12) months of
<br />tonnage detailing all material the facility has received and receipts for all
<br />material separated and marketed. In making this recvcling performance
<br />calculation: (i) inert debris (such as, for example, concrete, dirt, rock and
<br />asphalt paving) shall be excluded from the material accepted and from the
<br />material recvcled; and (2) fifty percent (50°/n) of fines (mechanically screened
<br />material resulting from the operation of a mechanical waste recovery system)
<br />shall be considered inert debris and the other fifty percent (50%) may be
<br />counted as material accepted and material recvcled.
<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 be 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
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