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<br />B. Use of C&D rec,~ cling facilities outside the Orange County Landfill. <br />Mixed construction waste recycling facilities aze being developed in our region. Waste <br />Industries, Inc. is developing one at their permitted Land Clearing and Inert Debris <br />(LCID) facility in Durham where they will be able to remove recyclable wood wastes and <br />other materials from what is delivered before they landfill the inert fraction. DH Griffin <br />Wrecking is developing a mixed C&D waste separation facility in Raleigh that will likely <br />be operational by the end of this calendaz yeaz. <br />If a contractor is using Waste Industries or other owner of a C&D recycling facility as its <br />hauler and/or states that they are hauling materials to a licensed recycling facility such as <br />DH Griffin or Waste Industries, and that facility can demonstrate it is meeting a level of <br />recycling and waste removal equal to that which would occur from compliance with the <br />County's source separation-ordinance, then hauling of mixed materials to those type <br />facilities could be permitted. A question then arises if a contractor states he is going to <br />use anout-of county mixed C&D waste recycling facility, must the permitted facility <br />have exactly the same rules and list of recycled materials as Orange County or would an <br />equivalent be sufficient if the facility could demonstrate that it met the same level of <br />diversion and recycling as Orange County? Acceptance by Orange County of use of out- <br />of-county recycling facilities that do not recycle the same materials as in Orange County <br />as an alternative in the ordinance, would require inspection and/or certification of those <br />facilities by Orange County, acceptance of the certification of such facilities by another <br />party such as the State of North Cazolina, the County in which the facility is located, or <br />certification by an independent auditor. <br />It should be noted that GS 130A-309.09D requires "...the owner or operator of a privately <br />owned or operated municipal solid waste management facility shall not knowingly <br />dispose of any type or form of municipal solid waste that is generated within the <br />boundaries of a unit of local government that by ordinance: <br />(1) Prohibits generators or collectors of municipal solid waste from disposing of <br />that type ar form of municipal solid waste. <br />(2) Requires generatars or collectors of municipal solid waste to recycle that type <br />or farm of municipal solid waste." <br />In the table below are two options for requiring or not requiring source-separation before <br />transporting regulated recyclable materials to out-of-county recycling facilities. <br />Table 3 <br />Use of Out-of-County C&D Recycling Facilities: <br />Option <br />Advantages <br />Disadvantages <br />1. Require complete separation No judgment calls about whether <br />of regulated rec~labde other facilities are meeting Orange <br />materials before removal from Co. waste ordinance standards if <br />Orange County, regardless of source sep. and hauling still <br />May inhibit development of alternative <br />facilities that can readily meet the same <br />percentage as Orange Co. but recycling <br />different mix of materials <br />7 <br />