Chapter 8

 

GARBAGE, TRASH, WEEDS AND JUNK*

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*             Cross References: Waste disposal in manufactured homes parks, 11-7; waste disposal in flood plains, 4-77(8).

                State Law References: Authority to provide for removal and disposal of refuse, G.S. 153A-132.1; authority to regulate solid wastes, G.S. 153A-136; littering, G.S. 14-399, 14-399.1; solid waste management, G.S. 130A-290 et seq.

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 Art. I. Solid Waste, 8-1--8-19

 

 Div. 1. Generally, 8-1--8-10

 

 Div. 2. Fees and Penalties, 8-11--8-19

 

 Art. II. Abandoned Motor Vehicles, 8-20--8-30

 

  ARTICLE I.

 

SOLID WASTE*

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*             Editors Note: An Ord. of Nov. 27, 1989 added new 8-1--8-5 to the code, but did not specifically repeal any sections, therefore, former 8-1--8-6, which pertained to solid waste disposal and derived from Ord. of 7-8-74, Ord. of 7-14-75, 1--3, and Ord. of 1-23-84, A, B, were deleted at the editor's discretion.

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  DIVISION 1.

 

GENERALLY

 

Sec. 8-1. Collection and disposal; violation.

 

            (a)        The disposal of solid waste in the county shall be governed by the North Carolina Administrative Code Subchapter 10G, Solid Waste Management Rules and Regulations.

 

            (b)        In addition, the following rules and regulations shall govern the collection and disposal of solid waste in the county:

 

            (1)        Access to any county solid waste disposal site shall be denied to any person that cannot provide proof of payment of the required solid waste fees or proof of exemption from such fees.

            (2)        Transylvania County Solid Waste Department employees shall be authorized to enforce all rules noted within this chapter as well as those rules outlined in the North Carolina Administrative Code Subchapter (10G, Solid Waste Management) unless such authority is specifically denied.

            (3)        Each person shall cause the waste generated by his/her actions to be received by a county-operated facility or a solid waste hauler permitted by the county to transport solid waste.

 

            (c)        Any violation of these rules and regulations shall be punishable in the manner outlined in section 1-8 of the Code.

(Ord. of 11-27-89; Ord. of 12-27-94)

 

Sec. 8-2. Definitions.

 

As used in this article, the following words and terms shall have the respective meanings ascribed to them:

 

Contract hauler: Any person transporting solid waste for another person on a regular basis.

 

Convenience center: A facility, for county residents, where household waste will be accepted by the solid waste department and recycling receptacles may be provided.

 

Damage: To cause harm to any county property.

 

Demolition landfill: A facility for the sanitary disposal of demolition waste.

 

Demolition waste: Material consisting of stumps, limbs, leaves, concrete, brick, wood, logs, shingles, and other solid wastes as approved by the North Carolina Department of Environment, Health, and Natural Resources.

 

Hazardous waste: A solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may:

 

            (1)        Cause or significantly contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

            (2)        Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

 

Household waste: Refuse and putrescible material generated in the normal daily activities of a single unit residence.

 

Person: An individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity.

 

Sanitary landfill: A facility for disposal of solid waste on land in a sanitary manner in accordance with Article 9 of Chapter 130A and Subchapter 10G.

 

Scavenging: The removal of any object from a solid waste container or landfill.

 

Solid waste: Any hazardous or nonhazardous garbage, refuse, or sludge from a waste treatment plant, or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid or semisolid, or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:

 

            (1)        Fowl and animal fecal waste

 

            (2)        Solid or dissolved material in:

                        a.         Domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters.

                        b.         Irrigation return flows.

                        c.         Wastewater discharges and the sludges incidental thereto and generated by the treatment thereof which are point sources subject to permits granted under Section 402 of the Federal Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the environmental management commission; except that any sludges that meet the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this article.

 

            (3)        Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the North Carolina General Statutes; except that any such oils or other liquid hydrocarbons that meet the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this article.

 

            (4)        Any radioactive material as defined by the North Carolina Radiation Protection Act, G.S. 104E-1 through 104E-23.

 

            (5)        Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining Commission (as defined under G.S. 143B-290); except that any specific mining waste that meets the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this article.

 

Solid waste containers: A county receptacle utilized for the transportation and collection of solid waste.

 

Special waste: Material as defined by the North Carolina General Statutes or county ordinance which requires disposal methods other than household waste, methods including, but not limited to, asbestos, septage sludge, spoiled foods, animal carcasses, abattoir waste, hatchery waste, and other animal waste.

 

Other terms not defined within this section shall be defined as noted in North Carolina Administrative Code Subchapter 10G Solid Waste Management Rules and Regulations.

(Ord. of 11-27-89; Ord. of 12-27-94)

 

Sec. 8-3. Solid waste containers; convenience centers, transfer station.

 

            (a)        It shall be unlawful for any person willfully, negligently, or maliciously to damage or attempt to damage any solid waste container. It shall be unlawful for any person to place in a solid waste container any animal carcass, sludge, hot ashes, hazardous waste, liquid waste, appliance, medical waste, tires, special waste and/or other item that is not allowed to be disposed of in a sanitary landfill as prescribed in the North Carolina Administrative Code Subchapter 10G, Solid Waste Management.

 

            (b)        The following items will only be accepted at the convenience centers if recycling services for these items exist at the center: lead acid batteries and waste oil.

 

            (c)        The county reserves the right to deny disposal of any waste.

 

            (d)        Only solid waste generated within the county shall be disposed of at the convenience centers.

 

            (e)        Recyclable material will be accepted at no charge provided the material is free of contaminates and separated into the proper containers.

 

            (f)         Waste disposed of at a convenience center shall comply with the following restrictions:

 

            (1)        All waste must be bagged. Loose waste will be accepted at the Pisgah Forest Transfer Station or the Woodruff Landfill only.

            (2)        A visible county solid waste fee paid sticker must be placed on each bag.

            (3)        Each bag cannot exceed thirty (30) pounds. If the weight limit is surpassed, an additional sticker must be placed on the bag for each thirty-pound increment.

            (4)        Loose demolition waste will not be accepted at collection centers, but will be accepted at the Woodruff Landfill and the Pisgah Forest Transfer Station.

            (5)        Loose leaves will be accepted at selected collection centers each year in the months of October and November at no charge.

 

            (g)        While recycling is not mandatory, all persons are encouraged to utilize the voluntary recycling centers which shall be located at the convenience centers.

 

            (h)        It shall be unlawful for any person to:

 

            (1)        Be in a solid waste container unless employed by the county solid waste department.

            (2)        Scavenge, or in any manner remove any material, from a solid waste container unless such scavenging is authorized by the county.

            (3)        In any manner, remove any material from a solid waste container unless such person is employed by the county solid waste department.

            (4)        Knowingly place aluminum cans in a solid waste container (North Carolina General Statute 130 A-309.10(f)(6)).

            (5)        Place non-recyclable solid waste in a recycling container.

            (6)        Reproduce or counterfeit solid waste fee paid stickers.

            (7)        Willfully violate disposal methods and procedures at any county solid waste collection center or transfer station.

 

            (i)         Hours of operation of convenience centers are as specified by the board of commissioners.

(Ord. of 1-27-89; Ord. of 12-27-94)

 

Sec. 8-4. Landfill.

 

            (a)        It shall be unlawful for any person to enter the landfill sites of the county after operating hours, unless they have first obtained written permission from the county administration office or the person in charge of the landfill site, including any deputies on duty.

 

            (b)        It shall be unlawful for any person to scavenge on or about the landfill sites of the county.

 

            (c)        Only solid waste generated within the county shall be disposed of at the county landfills.

 

            (d)        The following items shall be separated prior to disposal at the landfills:

 

            (1)        Sanitary waste excluding demolition materials

            (2)        Demolition waste

            (3)        Appliances

            (4)        Tires

            (5)        Waste oil

            (6)        Special waste, which will not be allowed if the items noted are not separated

            (7)        Aluminum cans

 

            (e)        Disposal of the separated items will take place at the direction of the solid waste attendant on duty.

 

            (f)         Those persons wishing to dispose of special waste at the landfill will be required to notify the solid waste department twenty-four (24) hours prior to disposal. This notification should describe the type of waste as well as the volume.

 

            (g)        Barrels shall have one (1) end removed prior to disposal in the landfill.

 

            (h)        The disposal of hazardous or liquid waste shall not be permitted within the landfills.

 

            (i)         Loads are subject to a random waste screening as stipulated in North Carolina General Statute 130A-294.1626(l)(f)(i). Vehicles will be detained until the screening is completed. In the event a prohibited material is found, the hauler will be held responsible for the following:

 

            (1)        Disposal of prohibited waste and any costs associated with such disposal.

            (2)        Identification, if possible, of the initial party responsible for disposing of the prohibited waste.

(Ord. of 11-27-89; Ord. of 12-27-94)

 

Sec. 8-5. Transportation.

 

            (a)        Each contract hauler shall obtain a hauling permit from the county solid waste department annually. The annual permit fee shall be established and adjusted yearly by the board of commissioners and shall appear in the official minutes of the board meeting at which the changes were adopted. In acquiring such permit, each contract hauler must:

 

            (1)        Disclose collection service areas.

            (2)        Register vehicle(s).

            (3)        Separate customer "source separated" recyclable materials from municipal solid waste and ensure disposal in the proper county recycling containers.

 

            (b)        The county solid waste department will then cause to be placed on said vehicle a decal for ease of identification of said vehicle as an approved contract hauler of waste.

 

            (c)        Persons or contract haulers who are found to be transporting or disposing of waste that is not allowed in sanitary or demolition landfills (as prescribed in North Carolina Solid Waste Management Rules or County Code of Ordinances) may be denied future access to county solid waste facilities.

 

            (d)        Vehicles or containers used for transporting solid waste shall be loaded and moved in such a manner that the contents will not leak or spill and shall be covered to keep contents dry and to prevent blowing of material. If waste is not secured in the proper manner at the convenience centers or landfill, the driver will be subject to a fine.

(Ord. of 11-27-89; Ord. of 12-27-94)

 

Secs. 8-6--8-10. Reserved.

 

  DIVISION 2.

 

FEES AND PENALTIES*

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*             Editors Note: An ord. of Jan. 8, 1990, did not specifically amend the Code, therefore inclusion of 1--4 as 8-11--8-14 was at the editor's discretion.

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Sec. 8-11. Generally.

 

            (a)        The additional cost of solid waste disposal created by regulations imposed by the state and the United States Environmental Protection Agency shall be recovered from the citizens through solid waste fees. These fees shall be imposed on a yearly basis.

 

            (b)        The amounts to be charged as solid waste fees shall be established and adjusted yearly by the board of commissioners and shall appear in the official minutes of the board meeting at which the changes were adopted.

 

            (c)        The total revenue derived from the solid waste fees and fines shall be utilized for solid waste related expenditures only.

 

            (d)        Certain solid waste fees may be billed annually on the ad valorem tax notices sent to the property owners of the county. The fees shall be collected by the county tax collector.

 

            (e)        Effective February 13, 1995, user fees, based upon the amount and type of material, will be imposed for waste delivery to county landfills or transfer stations. User fees will be set yearly by the board of commissioners. Fees will be paid upon the delivery of waste material, unless prior approval has been given by the county finance officer.

 

            (1)        Loads containing more than one (1) waste type will be charged at the highest rate of any type in such load.

            (2)        Recyclable materials will be accepted at no charge.

 

            (f)         Effective February 13, 1995, all waste delivered to a collection center must be bagged and tagged with a solid waste fee paid sticker.

(Ord. of 1-8-90, 1; Ord. of 3-26-90; Ord. of 12-27-94)

 

Sec. 8-12. Definitions.

 

The following definitions shall be utilized within this division:

 

Business: Any organization or individual who is required to submit a business listing for ad valorem tax purposes shall be considered a business for solid waste fees.

 

Housing unit: Structures which are utilized as residences. Included within this definition would be single-family homes, apartments, condominiums, townhouses and mobile homes.

 

Tax exempt properties: Those properties exempt from ad valorem taxes.

(Ord. of 1-8-90, 2; Ord. of 12-27-94)

 

Sec. 8-13. Imposition.

 

            (a)        Solid waste fees may be imposed on:

 

            (1)        Each housing unit which has been listed for ad valorem tax purposes in the county.

            (2)        All businesses listed for ad valorem taxes within the county.

 

            (b)        Businesses located outside the county but operating within the county shall be required to pay the same fee required for county businesses.

 

            (c)        The board of commissioners may impose separate fees for businesses and housing units.

 

            (d)        If a business is operated in a taxpayer's home, only the business solid waste fee will be assessed to the business owner; the household fee will be omitted.

(Ord. of 1-8-90, 3; Amend. of 6-28-93; Ord. of 12-27-94)

 

Sec. 8-14. Exemptions.

 

Waste from roadside litter pickup programs will be accepted without stickers or fees provided that the person delivering the waste signs a statement of truth certifying that such waste was in fact the result of a roadside or river cleanup.

(Ord. of 1-8-90, 4; Ord. of 12-27-94)

 

Sec. 8-15. Scrap tires.

 

            (a)        Effective December 14, 1993, landfill tire disposal fees in the county are abolished except for out-of-state tires, manufacturers' tires that are defective and not saleable, and tires that do not have an accompanying scrap tire certification form required by General Statute Section 130A-309.58(f). The board of commissioners will establish a fee annually during the budget process for the disposal of out-of-state tires, manufacturers' tires that are defective and not saleable, and tires that do not have an accompanying scrap tire certification form. Homeowners cleaning out their garages, etc. are not required to complete a scrap tire certification form and register as a scrap tire hauler; only persons who are tire collectors, or tire haulers disposing of six (6) or more tires are required to have such form.

 

            (b)        Commercial dealers may haul or ship their tires directly to permitted tire disposal facilities for disposal as long as they comply with General Statute Section 130A-309.58(f). Disbursements of revenue received by the county from the state to help offset the tire disposal cost will be disbursed as follows:

 

            (1)        County will retain their entire cost of disposal of tires.

            (2)        Disburse funds to dealers who have delivered their tires to permitted disposal facilities. The dealers will be required to document the number of tires delivered to the facility (shipping manifests and invoices). The disbursement per tire will not exceed the lowest quote to transport tires or the county's cost per tire to have scrap tires transported, whichever cost is lower.

            (3)        If the funds received from the state after covering the county's cost of disposal do not fully cover the amount that should be reimbursed to tire dealers, these tire dealers will be disbursed funds on a proportionate basis.

            (4)        Dealers will not be allowed to request funds escrowed in prior quarters. The deadline for requests is as follows:

 

Quarter

Deadline  Date

January--March

May 15

April--June

August 15

July--September

November 15

October--December

February 15

 

(Ord. of 3-26-91; Ord. of 12-13-93; Ord. of 12-27-94)

                Editors Note: An ordinance of March 26, 1991, amended the Code by providing for a new 8-6; for purposes of classification, such provisions were herein codified as 8-15.

 

Sec. 8-16. Enforcement.

 

The rules and regulations in this article shall be enforced by the county solid waste department, the county sheriff department, and any other agencies having duties and responsibilities in the area of health, solid waste disposal and law enforcement. These agencies are hereby empowered to issue citations upon a violation of this article (North Carolina General Statute 14-399).

(Ord. of 12-27-94)

 

Sec. 8-17. Penalties.

 

The county may exercise any of the following remedies as authorized by the North Carolina General Statutes:

 

            (1)        The solid waste director shall have the authority to deny use of county collection and disposal facilities in the following situations:

 

                        a.         The vehicle does not display the proper identification.

                        b.         The vehicle is hauling prohibited wastes.

                        c.         The user refuses to pay the appropriate disposal fee as established by this article.

                        d.         There is an unpaid past due balance of disposal fees due to the county.

                        e.         The vehicle is hauling mixed solid waste which requires various types of handling or disposal to accommodate a single load.

                        f.          The vehicle or containers are not properly covered or the load secured.

                        g.         For any other violations of the county solid waste management as directed by the county board of commissioners.

 

            (2)        The county may seek restitution for damages or extra expenses resulting from any violation of this article. The minimum civil penalties for violation of this article shall be as follows:

 

                        a.         Illegal dumping, including dumping prohibited materials in the solid waste receptacles, landfill, or dumping in unapproved areas:

 

First offense . . . . . $ 50.00

Second offense . . . . . 100.00

Subsequent offenses . . . . . 300.00

 

                        b.         Improper transportation, improper vehicles or improper license by contract haulers of solid waste, or the transporting of materials which are not secured as specified in section 8-5(d):

 

First offense . . . . . $ 50.00

Second offense . . . . . 100.00

Subsequent offenses . . . . . 300.00

 

                        c.         Littering at container sites (includes, but is not limited to, failure to pick up all solid waste spilled in transferring it from the transport vehicle to the container):

 

First offense . . . . . $ 50.00

Second offense . . . . . 100.00

Subsequent offenses . . . . . 300.00

 

                        d.         Violation of any other provision of this article or the state division of health services waste management rules:

 

First offense . . . . . $ 25.00

Second offense . . . . . 50.00

Subsequent offenses . . . . . 100.00

 

The fines in this section are payable to the Transylvania County Finance Office at 28 East Main Street, Brevard, North Carolina 28712.

(Ord. of 12-27-94)

 

Sec. 8-18. Violations; liability of county; appeals and review.

 

            (a)        It shall be the duty and responsibility of each citizen to dispose of their solid waste as required by this article. It shall be a violation of this article for any person to store, collect, transport, or dispose of any solid waste in a manner inconsistent with this article.

 

            (b)        If any solid waste disposed of in violation of this article can be identified as having last belonged to, been in the possession of, sent to or received by, or to have been the property of any person prior to being disposed of, such identification shall be presumed to be prima facie evidence that such person disposed of or caused to be disposed of such solid waste in violation of this article.

 

            (c)        No person shall intentionally cause damage to any county solid waste collection or disposal facility.

 

            (d)        No person shall loiter, congregate or leave any vehicle unattended on any county-owned collection or disposal facility.

 

            (e)        In addition to, or in lieu of, the civil penalties described herein, violations of this article may be prosecuted as criminal misdemeanors in accordance with the General Statutes of North Carolina. In the case of criminal violations, each day a violation occurs or continues to occur shall be a separate offense and that person or firm in violation of this article shall be subject to a fine not exceeding fifty dollars ($50.00) and imprisonment not exceeding thirty (30) days for each offense.

 

            (f)         Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint with the enforcement agencies stating the cause and basis for the complaint. The enforcement agency(ies) shall record the complaint, investigate, and take such action as may be necessary to enforce this article.

 

            (g)        The county provides the solid waste collection and disposal facilities as a public service; however, neither the county nor its employees shall be liable for any damages to personal property nor personal injury resulting from the use of these facilities.

 

            (h)        The county commissioners shall hear and decide appeals and review any orders, requirements, decisions, or determinations made as a result of the administration or enforcement of this article.

(Ord. of 12-27-94)

 

Sec. 8-19. Reserved.