AN ORDINANCE PROHIBITINGTHE DISPOSAL OF CORRUGATED CARDBOARD FOR DELIVERY TO THE ORANGE REGIONAL LANDFILL ( /0-2)

Transcription

1 I, Peter M.J. &chardson, CMC, Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached is a true and correct copy of Ordinance adopted by the Chapel fill Town Council on March 25, This the 1st day of May, fl >& Peter M.J. kchhrdson, CMC Town Clerk crc

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3 AN ORDINANCE PROHIBITINGTHE DISPOSAL OF CORRUGATED CARDBOARD FOR DELIVERY TO THE ORANGE REGIONAL LANDFILL ( /0-2) BE IT ORDAINED by the Council of the Town of Chapel Hill as follows: A. Findings and Purpose. The Town Council does hereby find that: a) The Town and other co-owners of the Orange Regional Landfill have recently enacted ordinances prohibiting the disposal of recyclable corrugated cardboard at the Oranse Regional Landfill. b) As part of that ban, the owners of the landfill have enacted substantial penalties to be assessed against persons who deliver solid waste for disposal at the Orange Regional Landfill which contains recyclable corrugated cardboard. c) The Town owns a number of solid waste dumpsters and compactors throughout the Town for the disposal of solid waste. d) The Town collects, for disposal at the Orange Regional Landfill, a number of solid waste dumpsters and compactors, both publicly and privately owned. e) Facilities and resources are reasonably available in the greater Chapel Hill community for the recycling and reuse of corrugated cardboard making disposal in containers to be delivered to the Landfill unnecessary. f) The Town has the legal authority under state law, including but not limited to North Carolina General Statute Sections 160A-317, 160A-174 and 160A-175 to enact reasonable police power regulations with respect to the disposal of solid waste and to provide reasonable penalties and other provisions for the enforcement thereof. g) The enactment of regulations regarding the disposal of recyclable corrugated cardboard is necessary to promote the public welfare and to allow the Town as the operator of a solid waste collection system to comply with regulations governing the disposal of waste at the Orange Regional Landfill. - B. Article 11, Chapter 8 of the Town Code is hereby amended as follows: Section 1. Section Definitions. is hereby amended by addins a definition of corrugated cardboard to read as follows: "(f f) Corrugated cardboard. 3-lavered cardboard material with a middle. waw laver. Non-recvclable cardboard. such as waxed boxes. cardboard adhered to packing material (such as stvrofoam or wooden or plastic SUDDO~~S) and cardboard saturated with motor oil or foodstuffs in its normal use before disdosa1 are excluded from this definition."

4 2 Section 2. Section Rubbish disposal. is hereby amended by deleting the lan,oua,oe "Cardboard, corrugated board," and changng the word "kraft" to "Kraft". Section 3. A new Section 8-26 is hereby added to read as follows: "Sec No cardboard to be placed in bulk containers and compactors. No cardboard shall be placed in public or private bulk containers or compactors for collection and disposal at the Orange Regional Landfill. No person shall purposelv contaminate anv corrugated cardboard so as to make it not recyclable and then place it in anv public or private bulk container for disposal at the Orange Regional - Landfill.!' Section 4. A new Section 8-31 is hereby added to read as follows: "Sec Responsibilitv of owner of container for materials placed for disposal. The owner of any bulk container or compactor used for the disposal of solid waste which is intended to be delivered to the Orange Regional Landfill shall secure the container or compactor so that the owner maintains control over access to and use of said facilitv. In addition. the owner shall properlv and clearlv label all bulk containers and compactors indicating that the disposal of corrugated cardboard in said facilitv is prohibited bv Town Ordinance and that the disposal of prohibited materials is subiect to civil or criminal penaltv as provided bv Town Ordinance. For purposes of this section and Section the term ''owner'' shall include anv person who has leased a bulk container or compactor for use on private propertv. Nothing in this section shall be construed as relieving individuals other than the owner of responsibilitv for complving with Town ordinances and regulations - regarding - the disposal of solid waste. Section 5. Section 8-33 of the Town Code is hereby amended by adding a fourth sentence to read as follows: "No person shall use such cans. receutacles or areas adiacent to such cans for disuosal of cardboard." Section 6. Section 8-35 of the Town Code is hereby amended by addin, * a new paragraph at the end of the current text to read as follows:

5 3 "No person shall place cardboard in anv bulk container being provided for the disposal of solid waste at a multiule residential unit location under this section." Section 7. Section 8-38 of the Town Code is hereby amended by addins a new paragraph at the end of the current text to read as follows: "No person shall place cardboard in anv bulk container beino provided for the disposal of solid waste at a retail. wholesale or commercial establishment location under this se c ti on. It Section 8. Section Penalties is hereby rewritten to read as follows: "Sec Penalties and enforcement. a. h v violation of sections , or 8-38 shall constitute as civil violation and be subiect to a civil penaltv in the amount of $25. Each dav that a violation continues uncorrected shall constitute a separate violation. b. Anv violation of sections or 8-34 shall constitute a misdemeanor as provided bv G.S. Sec and shall subiect the violator to a fine of five hundred dollars J$500.00) or imurisonment for not more than thirtv (30) davs. Violations of sections or 8-34 mav also be enforced bv the assessment of a civil penaltv as provided bv law. Each dav that a violation continues uncorrected shall constitute a separate violation. 1! I i I I i c. The Town mav refuse to collect anv private dumpster or compactor which it determines upon inspection contains corrugated - cardboard or anv other material prohibited bv this Article from being disuosed of at the Orange Regional Landfill. If the Town refuses service. a $25 civil penaltv will be assessed against the owner of the container. The Town will advise the owner of the container of the violation and allow the owner 3 davs to correct the violation. If upon reinspection the container is found to still contain corrugated - cardboard or other materials prohibited bv this Article. an additional civil penalty of $50 shall be assessed. Each dav the violation continues thereafter shall constitute a sedarate offense and subiect the owner to an additional $50 Der dav civil penaltv. Service of the container mav be refused bv the Town until the violation is corrected. d. Anv violation of the requirements of Section 8-31 for the owner to properlv secure and label a dumuster. bulk container or comuactor shall subiect the owner thereof to a civil uenaltv $25. If the violation is not corrected within 3 davs. an additional cid penah shall be assessed in the amount of $50. Each dav the violation continues thereafter shall constitute a separate offense and subiect the owner to an additional S50 Der dav civil

6 4 penaltv. If the container is one which is being - collected bv the Town. the Town shall refuse service until the violation(s) is/are corrected. e. Upon a determination that anv partv is placing corrugated cardboard or anv other material. the disposal of which is prohibited bv the Town Code. in a Town-owned compactor or dumdster. the Town mav susdend that person's right to use the Town container for disuosal of solid waste. Upon susuension of such service. said person shall immediatelv return to the Town anv keds) provided bv the Town for access to said container. Violation of this section shall constitute a civil penaltv in the amount of $50. f. The Public Works Director and hisher designees are authorized to determine the existence of the violations and to assess the civil penalties established bv this Article bv issuing a citation to the person determined to be in violation or bv sending - a letter to the propertv owner responsible for the violation. Anv such notice or citation shall state the nature of the violation and the procedures available for review of the penaltv imposed. g. Any violation and Denaltv assessed under this Article mav be appealed to the Town Manager provided such atmeal is filed with the Town Manager's office within 15 davs after notice of said civil penaltv. If an appeal is timelv filed. the Manager or his designee - shall conduct an administrative hearing: - shall consider anv information the partv assessed the uenaltv presents: and shall render a decision on the appeal within 10 davs of the conclusion of the hearinn. If no adpeal is filed the determination of the Public Works Department shall be final. h. Anv penaltv not paid within 30 davs assessment or the conclusion of anv appeals taken under the provisions of this section mav be recovered bv the Town in a civil action in the nature of the debt. In addition to the penalties and remedies provided bv this section. the Town Manager mav institute anv appropriate action or proceedings to prevent. restrain. correct. or abate a violation of this Article. Section 9. The title of Section 8-45 is hereby rewritten as follows: "See Enforcement of vard waste regulations." - Section 10. This Ordinance shall become effective April 15,1996, except that owners of compactors and bulk containers shall have until May 15, 1996, to place labels on said facilities and to arrange for the securing of said facilities required by this Ordinance. This the 25th day of March, 1996.