Chapter 12 SOLID *

______*Cross references: Administration, Ch. 2; buildings, Ch. 4; fire prevention and protection, Ch. 5; hazardous and radioactive waste, Ch. 6; parks and recreation, Ch. 8; wastewater, Ch. 14; mobile homes and temporary units, App. A, § 67. State law references: Removal and disposal of trash, garbage, etc., G.S. § 153A-132.1; location of garbage collection containers on highway rights-of-way, G.S. § 136-18.3; authority of county to regulate the storage, collection, transportation, use and disposal of solid waste, G.S.§ 153A- 136; authority of county to levy taxes to provide solid and disposal services and to acquire and operate landfills, G.S. § 153A-149(c)(31); authority of county to operate solid waste collection arid disposal systems and facilities, G.S. § 153A-274 et seq.; radiation protection, G.S. Ch. 104E; Governor's Board, G.S. § 143B-216.10 et seq.; county service districts, G.S. § 153A-300 et seq.; solid waste management, G.S. § 130A-290 et seq.

______Art. I. In General, §§ 12-1--12-30 Art. II. Containers, §§ 12-31--12-55 Art. III. Disposal Sites, §§ 12-56--12-82 Div. 1. Generally, §§ 12-56--12-75 Div. 2. Permit, §§ 12-76--12-82

ARTICLE I. IN GENERAL This article shall be known and may be cited as the "Rules and Regulations Governing Solid Waste Ordinance of Iredell County, North Carolina." (Ord. of 8-7-79, Art. I; Ord. of 10-15-91)

Sec. 12-2. Definitions. The following words, terms and phrases, when used in this articleChapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) Beneficial Fill shall mean materials such as unpainted brick, block, concrete, stone and asphalt as approved by the Division of Waste Management for filling in low areas.

(b) Blood and body fluids means liquid blood, serum, plasma, other blood products, emulsified human tissue, spinal fluids, and pleural and peritoneal fluids. Dialysates are not blood or body fluids under this definition.

(c) Commercial / Industrial Waste shall mean all solid waste generated from but not limited to factories, institutions, restaurants, business firms and commercial rental properties. Consists of but not limited to manufactured materials, manufacturing by products, raw materials, packaging, plastics, paper, cloth, sweepings, putresible waste and general business waste.

(d) Construction and consists of but is not limited to wood (including painted and treated), insulation, windows, doors, paneling, cabinets, fixtures, roofing materials, siding materials, carpeting, vinyl flooring and other types of installed flooring, concrete, brick, block, asphalt and uncontaminated dirt and gravel, or other materials generated by the construction or demolition of a building or structure.

(e) Covered means encased by a tarp, camper cover, metal cover, rigid cover, plastic, canvas or other suitable material which is secured to prevent spillage, leakage, or materials from blowing from the vehicle. Solid waste in plastic bags shall not be considered covered.

(f) Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater.

(g) Garbage means all putrescible , including animal and vegetable matter, animal offal and carcasses and recognizable industrial by-products, but excluding and human wastes. waste.

(h) means solid or liquid waste, or a combination of solid and liquid waste, which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1) a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or (2) b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored or disposed of or otherwise managed.

(i) Health director Director means the director of the Iredell County Health Department or his authorized representative.

(j) means the process of burning solid, semisolid, or gaseous combustible waste to an inoffensive gas and a residue containing little or no combustible material.

(k) Infectious Waste shall mean equipment, instruments, utensils and fomites (used bandages) of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease. a. Laboratory wastes, such as pathological specimens (e.g. all tissues, specimens of blood elements, excreta, and secretions from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto;

b. Surgical operating room pathological specimens and disposable fomites attendant thereto, and similar disposable materials from outpatients areas and emergency rooms

(l) LCID Landfill means a facility designed to accept only debris generated from land clearing activities; primarily trees, stumps, rock and soil.

(m) Land clearing and Inert Debris consists of vegetated growth, trees, dirt and rock generated by land clearing activities.

(n) Littering shall mean throwing, scattering, spilling, placing, dumping, depositing, causing or allowing to be thrown, blown, scattered, spilled, thrown or placed, or otherwise disposing of any solid waste upon any property with or without the consent of the property owner unintentionally or intentionally.

(o) Material Recovery Facility means land, buildings, personnel and equipment used in the collection, sorting and distribution of recovered material.

(p) Medical waste means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals in research pertaining thereto or in the production or testing of biologicals, but does not include any hazardous waste, radioactive waste, household waste as defined in 40 CFR 261.4(b)(1), or those substances excluded from the definition of "solid waste" in this section.

(q) Pathological waste means human tissues, organs and body parts, and the carcasses and body parts of any animals that were known to have been exposed to pathogens that are potentially dangerous to humans during research, were used in the production of biological or in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans.

(r) Putrescible means solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gasses, such as kitchen waste, offal and carcasses

(s) Radioactive waste means waste containing any material, whether solid, liquid, or gas that emits ionizing radiation spontaneously.

(t) Recovered materials means a material that has known potential, can be feasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or . In order to qualify as a recovered material, a material must meet the requirements of North Carolina G.S. § 130A-309.05(c).

(u) Refuse means all nonputrescible wastes.

(v) Regulated medical waste means blood and body fluids in individual containers in volumes greater than 20 ml., microbiological waste and pathological waste that has not been treated pursuant to rules promulgated by the North Carolina Department of Environment, Health, and Natural Resources. Environmental Quality.

(w) Regulated waste as defined by OSHA means liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; contaminated sharps; and pathological and microbiological wastes containing blood or other potentially infectious materials.

(x) Remains means means human corpses, human anatomical parts, and terminated pregnancies.

(y) Residence means property used or, if vacant, designed to be used as a residential dwelling for one or more persons, whether or not the property is also used for other non-dwelling purposes excluding commercial uses. The term includes mobile homes, single family, multi- family, and other structures used or designed to be used as residential dwellings. There can be multiple residences within a single structure, such as apartments, duplexes, town houses or condominiums.

(z) Residential solid waste means waste generated as a result of daily activities in a household. Households including single-and multi-family residence (apartments, duplexes and condominiums) and mobile or modular homes. Residential waste includes kitchen waste, food packaging, clothing, floor sweepings, furniture and bedding.

(aa) Responsible Parties means the owner or occupant, former owner or former occupant, of any property or part thereof or any agent or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this Ordinance may be held responsible for the violation. When identifying information (for example, an addressee’s name on an envelope) is found on or in solid waste, the owner of the solid waste shall be presumed to have committed the violation. A business may be held responsible for violations conducted by its agents or employees that involve solid waste related to the business.

(bb) Sanitary landfill means a facility for disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A, Article 9 (Section 130A-290 et seq.).

(cc) Sharps means needles, syringes, capillary tubes, slides and cover slips and scalpel blades.

(dd) Solid waste means garbage, refuse, rubbish, trash and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants.

(ee) Solid waste collector means any person who collects or transports solid waste.

(ff) Solid waste container site means any site designated,place owned, leased, rented or otherwise operated and maintained by the county for the purpose of collecting County at which refuse, garbage or solid waste is collected, transported and disposed of. Solid waste director means the director of the Iredell County Solid Waste Department or its authorized representative.

(gg) Solid waste disposal site means any place at which solid wastes are disposed of by incineration, sanitary landfill, demolition landfill, or any other acceptable method.

(hh) Solid waste director means the director of the Iredell County Solid Waste Department or its authorized representative.

(ii) Solid waste enforcement officer shall mean the individual appointed pursuant to this Chapter to enforce the provisions thereof.

(jj) Solid waste management means purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery, and disposal of solid waste.

(kk) Solid waste management facility means land, buildings, personnel and equipment used in the management of solid waste.

(ll) Solid waste transfer site or station shall mean any permitted facility at which solid waste is concentrated for transport to a processing facility or disposal site.

(mm) Storage means the containment of solid waste either on a temporary basis or for a period of years, in such manner as not to constitute disposal.

(nn) Transfer facility means a permanent structure with mechanical equipment used for the collection and/or compaction of solid waste prior to the transportation of solid waste for final disposal. (oo) Treatment means any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any solid waste so as to neutralize such waste or so as to render such waste nonhazardous and safer for transport, amenable for recovery, amenable for storage, or reduced in volume. methods. (pp) Treatment and processing facility means a facility used in the treatment and processing of putrescible solid waste for final disposal or for utilization by reclaiming or recycling.

(qq) Yard Waste consists of old firewood, grass clippings, leaves, shrubbery, limbs and cut trees under 8 inches in diameter and less than 8 feet in length.

(Ord. of 8-7-79, Art. VI; Ord. of 11-18-86, § I; Ord. of 10-15-91; Ord. of 6-16-92)

Cross references: Definitions and rules of construction generally, § 1-3. State law references: Definitions relating to solid waste management, G.S. § 130A-290. Cross references: Definitions and rules of construction generally, § 1-3.

Sec. 12-3. Purpose. The purpose of this articleChapter is to promote the public safety, health and welfare of the citizens of the countyCounty in the storage, collection, transportation and disposal of solid waste throughout the county. (Ord. of 8-7-79, Art. III; Ord. of 10-15-91)

Sec. 12-4. Authority. (a) The boardBoard of commissionersCommissioners is authorized by the general statutesGeneral Statutes of the stateState to enact an ordinance regulating solid waste collection, storage, transportation and disposal within the countyCounty.

(b) Under the provisions of G.S. Sections 153A-121, 153A-136, and 153A-292, the countyCounty hereby exercises its authority to enact this articleOrdinance.

(c) Under the provisions of G.S. 153A-293, the countyCounty hereby exercises its authority to bill fees imposed under G.S. 153A-292 with property taxes and in the case of nonpayment, may be collected in any manner by which delinquent personal and real property taxes can be collected, i.e. the fees are a lien on the real property described on the bill that includes the fee.

(d) This Chapter shall govern the unincorporated areas of the County and the municipal jurisdictions that have requested to be included within the geographic area designated pursuant to G.S 130A-294, and which have adopted this article within the municipal corporate limits pursuant to G.S. 153A-122 (Ord. of 8-7-79, Arts. II, IV; Ord. of 10-15-91)

State law references: General ordinance-making power, G.S. § 153A-121; county regulation of solid wastes, G.S. § 153A-136; county collection and disposal of solid waste, tax levy, G.S. § 153A-292.

Sec. 12-5. Jurisdiction. This articleChapter and the North Carolina Administrative Code, Title 15A, Subchapter 1313, Solid Waste Management, shall govern the storage, collection, transportation and disposal of solid waste in the countyCounty. (Ord. of 8-7-79, Art. V; Ord. of 10-15-91)

Sec. 12-6. Enforcement. 1.The rules and regulations prescribed in this articleChapter shall be enforced by the appropriate state and county agencies having duties and responsibilities in the areas of health, solid waste disposal and law enforcement. The agencies with the enforcement powers shall include but not be limited to the county health department, county solid waste department, sheriff's department, and the state's solid waste section.County Health Department, County Solid Waste Department, Iredell County Sheriff's Department or other municipal law enforcement agency, and the Division of Waste Management of the North Carolina Department of Environmental Quality.

The County shall employ a full-time person or persons with the authority to secure warrants, issue warnings, notices of violation and citations to those persons or firms violating any section of this Chapter or any state regulation as it relates to the storage, collection, transportation and/or disposal of solid waste. The officer shall have the authority to conduct investigations and attempt to identify responsible parties when violations of any article of Chapter 12 occur. Where a violation of Chapter 130A of the North Carolina General Statutes occurs in conjunction with this Chapter, the Solid Waste Enforcement Officer shall coordinate enforcement efforts with the Health Director. Enforcement personnel are hereby empowered to issue warnings or citations to any person if there is probable cause to believe that such a person has violated any of the provisions of this Chapter.

It shall be unlawful for any person to interfere with, hinder or molest the Solid Waste Enforcement Officer or other certified officers or their agents in performance of any duty authorized by this Chapter. Authority to prosecute said violators shall remain with the law enforcement and judicial systems of the Divisions of the State of North Carolina. (Ord. of 8-7-79, Art. XI; Ord. of 10-15-91)

Sec. 12-7. Storage. No owner, occupant, tenant or lessee of any premisesproperty shall permit any garbage or other refuse to accumulate upon such premisesproperty that is not stored in a manner approved by the county health director. Health Director. (1) a) Garbage shall be stored in a container of a type approved by the Hhealth dDirector. Every such container shall be constructed of metal, or equally durable material, in such a manner as to be strong, watertight, not easily corrodible, fly proof, and rodent proof. It shall have handles designed for lifting and flyproof covers which shall be kept in place at all times except when garbage or other refuse is being deposited in or removed from such container. The Hhealth Ddirector shall have the authority to approve the use of containers not meeting these specific standards when it can be shown that such containers meet applicable health standards. A sufficient number of containers shall be provided to hold at least one (1) week's accumulation of garbage. Each garbage container shall be kept clean so that no odor or other nuisance will exist. (2) (b) Refuse and solid waste shall be stored in such a manner that it will not provide harborage to ratsvermin nor cause a fire hazard. This includes refuse and solid waste stored inside of buildings, including houses, outbuildings, garages and/or carports. Storage of such materials that constitutes a public health nuisance or imminent hazard shall be referred to the Health Director pursuant to General Statute 130A-19 and 130A-20.

(c) No person, firm or corporation shall dump, deposit, dispose or otherwise place solid waste into any garbage can, dumpster or other container made or used to contain solid waste or other debris unless such person, firm or corporation is the owner or lessee of the waste container or they have first obtained the permission of the owner or lessee for the use of the container. (Ord. of 8-7-79, Art. VII; Ord. of 10-15-91)

Sec. 12-8. Collection. (a) The owner, occupant, tenant or lessee of any premisesproperty upon which garbage is stored shall remove, or cause to be removed, all garbage from such premisesproperty at least once a week. Solid waste collectors shall remove all solid waste from the premisesproperty, when they receive compensation for this service, at least once a week. The work shall be done in a clean and orderly manner, without causing damage to the container. Any solid waste that is spilled shall be cleaned up, and the premisesproperty left in a sanitary condition.

(b) The collection of residential and commercial solid wastes shall be conducted in a way that, when delivered to the county landfill, it is received segregated unless prior approval is obtained from the solid waste director. Residential and commercial solid waste that is received mixed together (co-mingled) shall be assessed a monetary penalty equal to the fee charged per ton for commercial solid waste times that portionthe weight of the co-mingledentire load that is residential solid waste.

(c) Recyclable corrugated cardboard regulations. (1) . Recyclable corrugated cardboard, heretofore generated as a waste product from all business, industrial and institutional sources shall be banned from the Iredell County waste management facility, effective July 1, 1999. ( 2) . All business, industrial and institutional generators of recyclable old corrugated cardboard shall be required to separate this material from all other solid waste for the purpose of recycling. ( 3) . Public and private haulers delivering solid waste containing recyclable corrugated cardboard to the county waste management facility for disposal from business, industrial and institutional sources shall receive the following:be subject to the corrective action provided in Paragraph (d) of this Section. a. A written warning and hauler must sort and recycle old corrugated cardboard at the unloading point. b. Hauler must pay three (3) times the current tipping fee on the entire load and non-compliant hauler's subsequent loads will be refused until hauler assures compliance. (4) . Definition of old corrugated cardboard (OCC). ai. Old corrugated cardboard shall be defined as any packaging board consisting of (but not confined to) kraft paper with a fluted or wavy middle layer and having one (1) or more flat outer walls. Its most common usage is for the construction of shipping boxes and separator sheets used in packaging. b ii. Exemptions from this ban include corrugated cardboard materials which are: 1a. Wax coated; 2b. Soiled with grease, adhesives, food waste or chemicals; 3c. Adhered to expanded polystyrene or other plastic materials; 4d. Otherwise rendered un-recyclable by recycling industry standards. Note: Haulers and generators must not contaminate corrugated cardboard for the purpose of rendering it un-recyclable.

(d) Penalty for violation of this Section. Recyclable materials banned from disposal by State or County regulations 1. It shall be unlawful to place into the landfill or a solid waste container any material banned from landfills by the state of North Carolina or the County which are required to be recycled except in the areas or containers designated for that purpose.

2. Materials required to be recycled by the state or county must not be intentionally damaged, altered or rendered unfit for recycling for the purposes of avoiding the requirement.

3. Public and private haulers delivering solid waste containing banned materials shall receive the following: i. First violation. A written warning and hauler must sort and recycle the banned materials at the unloading point.

ii. Second violation. Hauler must pay (3) three times the current tipping fee on the entire load and non-compliant hauler’s subsequent loads will be refused until hauler assures compliance.

(Ord. of 8-7-79, Art. VIII; Ord. of 10-15-91; Ord. No. 12-15-98)

Sec. 12-9. Transportation. No solid waste collector shall transport solid waste in a conveyancemanner that has not been approved in accordance with the provisions of this articleChapter. Vehicles or containers used for the collection and transportation of garbage, or refuse containing garbage, shall be covered, leakproof, durable and of easily cleanable construction. These shall be cleaned as often as necessary to prevent a nuisance or insect breeding, and shall be maintained in good repair. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded, secured and moved in such a manner that the contents will not fall, leak or spill therefrom, and shall be covered to prevent blowing of material. If spillage occurs, the material shall be picked up immediately by the solid waste collector and returned to the vehicle or container and the area properly cleaned. (Ord. of 8-7-79, Art. IX; Ord. of 10-15-91)

Sec. 12-10. Disposal. (a) No solid waste collector, or other person, shall dispose of solid waste, except by one (1) of the methods listed in this section. (However, this section shall not be construed to prevent any person from properly disposing of solid waste from his own residence on his own property in a safe and sanitary manner approved by the state solid waste director.)limited to noncommercial purposes and approved by the Solid Waste Director such as composting, mulching or recycling.) ( 1) . Sanitary landfill which has been approved by the StateNorth Carolina Department of Environment, Health, and Natural ResourcesEnvironmental Quality as meeting all the requirements of the Division of Solid Waste Management Rules and Regulations Providing Standards for Solid Waste Disposal. ( 2) . Solid waste container sites operated by the county which have been approved by the North Carolina Division of Solid Waste Management as meeting all the requirements of the Division of Solid Waste Management Rules and Regulations Providing Standards for Solid Waste Disposal. ( 3) . Incinerator that meets all requirements of the local, state and federal air pollution standards. ( 4) . By any other method including reclaiming or recycling processes which has been approved by the Division of Solid Waste Management and the Solid Waste Director. (5 (b) Solid waste will be accepted from Iredell County residents only. Residents 1. The County will provide owners of Iredell County will be provided by the county withresidences identification decals to be affixed on vehicles used to transport solid waste to a collection or disposal site. Decals are to be affixed per directions provided with receipt of the decal. Commercial haulers must also prove the solid waste was generated in Iredell County before it will be accepted and must display identification numbers supplied and assigned by the countyCounty prior to acceptance of the solid waste.

2. Materials that are banned from disposal for any reason by the North Carolina Division of Waste Management, the County or conditions of the landfill operating permit will not be accepted at any county owned waste disposal facility. (Ord. of 8-7-79, Art. X; Ord. of 6-5-90; Ord. of 10-15-91)

Sec. 12-11. Reserved

Sec. 12-12. Penalties (a) Criminal penalty. Unless otherwise stated herein, any person11. Conflicts with hazardous and radioactive waste requirements.any provision of this chapter is in conflict with Chapter 6 of this Code, the provisions of Chapter 6 shall apply. (Ord. of 10-15-91)

Penalty. Any person who violates the rules and regulations set forth in this articleChapter shall be guilty of a misdemeanor and shall be punished as provided in section 1-7., which shall be punishable by a fine of not more than fifty dollars ($50.00) or by imprisonment for not more than thirty (30) days, or both for each separate violation. Each day a violation occurs is a separate violation. (Ord. of 10-15-91)

(b) Civil penalty. Any person, persons, or entities who are found in violation of this Chapter shall be subject to a civil penalty not to exceed five hundred dollars ($500), as provided by G.S. 153A-123. The provisions of this Chapter may be enforced by equitable remedy, and any unlawful condition existing or in violation of this Chapter may be enforced by injunction and order of abatement in accordance with the provisions of G.S. 153A-123.

(c) Prior to issuance of a citation, the Solid Waste Enforcement Officer shall issue a written notice of violation and warning to the violator; such notice shall state the violation, the date by which the violation shall be corrected and the penalties for the violation if not corrected. A warning may, but is not required, to be issued where the public safety is endangered. The notice of violation and warning shall be served either in person, by mail, or posted on the property in violation.

(d) In assessing penalties under this Chapter, the Solid Waste Director and Solid Waste Enforcement Officer shall consider such of the following factors as are pertinent: 1. The number of previous violations. 2. The number of communications with the offender prior to the subject violation. 3. Steps taken by the responsible party to try to comply. 4. The estimated amount and quantity of solid waste in the offending situation. 5. The degree by which the public health and safety is endangered.

(e) Citations shall be served either in person, by mail, or posted on the property in violation. Any citation so served shall direct the violator to make payment of the fine to the Solid Waste Department on or before a specific day and hour named in the citation and to present evidence of the remedy of any violation of this Chapter. The deadline for payment and remedy of the violation shall be set by the County but shall be no less than 7 days from the receipt of notification.

1. To ensure proper disposal of solid waste and that the material is not relocated to an unapproved collection site. The violator shall show proof of proper disposal of material that is in violation by receipt or some form of verification from the attendant operating an approved solid/hazardous waste collection site. Failure to show proper proof of disposal shall result in a separate offense which the violator will have to pay three (3) times the cost of the County landfill tip fee for the approximate weight of the material + one hundred dollars ($100.00) for failure to comply with the Chapter.

2. If the violator does not appear in response to the above described warning or citation, the Solid Waste Enforcement Officer may have a criminal complaint entered against such person and secure a warrant for their arrest. The arrest shall be for the violation of the Section of this Chapter charged in the citation and upon conviction the defendant shall be subject to the penalties prescribed.

3. Persons found to be in violation of the provisions of this Chapter may be allowed to perform remedial cleanup work in compliance with subsection (b) above in lieu of prosecution, injunctive action, or civil penalties at the discretion of the County Solid Waste Director.

4. Violations where the Solid Waste Enforcement Officer believes a public health nuisance or imminent hazard may exist, shall be referred to the Health Director for determination and necessary enforcement pursuant to G.S. § 130A-19 or 130A-20.

(f) Notwithstanding any of the aforementioned penalties the County retains the right to refuse service to anyone who refuses to obey the ordinances of this Chapter or fails to pay assessed fees and penalties.

(g) Penalties for the disposal of types of medical waste in violation of this Chapter shall be in accordance with this Section 12-12(g).

Any person who violates Section 12-16 shall be guilty of a misdemeanor and shall be punishable by a fine of five hundred dollars ($500.00) or imprisonment of thirty (30) days, or both, for each separate violation. The Solid Waste Director, Health Director and the Solid Waste Enforcement Officer shall have the authority to examine and investigate waste storage containers at the site of generation in order to determine compliance. This section shall not apply to microwaved treated medical waste which has been approved by the North Carolina Department of Environmental Quality for disposal in a municipal landfill.

This section does not apply to sharps and medical supplies generated from the residences of individuals who have chronic medical conditions that require home treatment.

(h) Penalties for violations of Article III shall be in accordance with this Section 12-12(h).

(i) Any noncompliance with the conditions of a permit pursuant to Article III or operation of a facility without a permit, or the operation of a facility in a manner such as to create or constitute a hazard to the public health or safety, and any noncompliance with the procedural requirements of Article III, or refusal to permit County officials to enter a facility, structure or enclosed area in the performance of their duties, and any refusal to pay the taxes or fees provided for by Article III, and any failure or refusal to provide the information or apply for amendment to permits as may be required, shall be a misdemeanor which may be punishable as provided in subsection (a) above.

(ii) The County may seek injunctions in the appropriate courts of competent jurisdiction when the operation of a solid waste disposal facility is, in the judgment of the Solid Waste Director, creating an imminent hazard to the health, safety, or welfare of the public. The County may also seek any other appropriate equitable relief it deems necessary to ensure the public health, safety and welfare. (Ord. of 11-18-86, § IX; Ord. of 10-15-91Solid waste enforcement officer. The county shall employ a full-time person or persons with the authority to secure warrants and issue warnings to those persons or firms violating any section of this chapter or any state regulation as it relates to the storage, collection, transportation and/or disposal of solid waste. (Ord. of 10-15-91)

; Ord. of 6-16-92; Amd. of 11-7-95)

Sec. 12-13. Reserved

Sec. 12-14. On-site rules and regulations. The solid waste directorSolid Waste Director shall be responsible for establishing from time to time rules and regulations pertaining to operational procedures of the solid waste collection and disposal sites operated by Iredell County. These rules and regulations shall be for the protection and safety of both the general public having access and use of the facilities and the persons employed by the countyCounty to operate said facilities. Said rules and regulations shall include, but not be limited to, hours and days of operation, routing of trucks and vehicles on-site, cleaning on countyCounty property of trucks and containers used by haulers to collect and transport solid waste, and other areas of concern as they arise. (Ord. of 10-15-91)

Sec. 12-15. Exceptions and exemptions. The county boardCounty Board of commissionersCommissioners may, where deemed necessary in the best interest of the citizens of Iredell County, make exceptions and/or exemptions to the rules and regulations of this article as long as those exceptions or exemptions do not negate the North Carolina Administrative Code, Title 15A, Subchapter 13B, Solid Waste Management Rules. (Ord. of 10-15-91)

Sec. 12-16. Medical waste; penalties. All describeddefined in the preceding definitionsSection 12-2 as medicalinfectious waste, including but not limited to microbiological waste, pathological waste, regulated and non-regulated medical waste by definition of NCDENR and OSHA, remains, and sharps, shall be prohibited from being disposed of in a countyCounty sanitary landfill or solid waste container in Iredell County. Any person who violates this section (This section does not apply to sharps and medical supplies generated from the residences of individuals who have chronic medical conditions that require home treatment. 12-16. Medical waste; penalties) of the Solid Waste Ordinance shall be guilty of a misdemeanor and shall be punishable by a fine of five hundred dollars ($500.00) or imprisonment of thirty (30) days, or both, for each separate violation. This section shall not apply to microwaved treated medical waste which has been approved by the North Carolina Department of Environment, Health, and Natural Resources for disposal in a municipal landfill. (Ord. of 6-16-92; Amd. of 11-7-95)

Sec. 12-17. Casualty damageddamage solid waste. No owner, occupant, tenant, or lessee of any commercial, industrial, or residential premisesproperty shall permit the solid waste remaining from any building or other structure which has been damaged beyond repair by fire, storm or other casualty, to remain on the premisesproperty for more than one (1) year after the completion of the investigations by the fire marshal and casualty insurance companies if the appearance of such waste tendsappears to decreasenegatively impact the value of the surrounding property or, mars the appearance of the area., or causes a public health nuisance.

The term "beyond repair" shall mean that the costs of repairing the casualty damage exceeds the value of the damaged structure prior to the casualty.

The countyCounty shall enforce this section of article I by imposing the penalty prescribed in sectionSection 12-12 of this chapterChapter either (a) upon petition of an owner of other property located in the immediate area where the violation occurs and/or (b) a finding by the solid waste enforcement officer that the waste is creating public health nuisance.

Sec. 12-18. Prohibited activities The following activities are prohibited in the disposal or handling of solid waste. Nothing in this section shall be interpreted to prohibit legal activity in properly permitted sites. (a) Littering. It shall be unlawful for any person to engage in littering or to violate any provision of N.C.G.S. 14-399

(b) Open burning of solid waste. It shall be unlawful for any person to dispose of solid waste, construction materials or unwanted structures by burning.

(c) Burying or submerging of solid waste. It shall be unlawful to bury in the earth or submersing in a body of water any solid waste materials for the purpose of disposal. Beneficial fill materials permitted by County, State and Federal rules are exempted. Waste disposal facilities permitted by the solid waste section are exempted from burial prohibition.

(d) The disposal of solid waste, which has been transported from outside the boundaries of the County, at any County-owned solid waste disposal site.

(Ord. of 3-15-94; Ord. of 7-19-94)

Secs. 12-1819--12-30. Reserved.

ARTICLE II. SOLID WASTE CONTAINER SITES

Sec. 12-31. Title. This article shall be known and may be cited as the "Solid Waste Container Ordinance of Iredell County, North Carolina." (Ord. of 8-6-79, Art. I; Ord. 10-15-91)

Sec. 12-32. DefinitionsReserved. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Garbage means all putrescible wastes, including animal and vegetable matter, animal offal and carcasses and recognizable industrial by-products, but excluding sewage and human wastes. Refuse means all nonputrescible wastes. Solid waste means garbage, refuse, rubbish, trash and other discarded solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste-water effluents, dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste-water effluents, dissolved materials in irrigation return flows or other common water pollutants. Solid waste collector means any person who collects or transports solid waste. container site means any place owned, leased, rented or otherwise operated by the county at which refuse, garbage or solid waste is collected, transported, or disposed of. (Ord. of 8-6-79, Art. VI; Ord. of 10-15-91) Cross references: Definitions and rules of construction generally, § 1-3.

Sec. 12-33. Purpose. The purpose of this articleArticle is to promote the public safety, health, and welfare of the citizens of the countyCounty in the use of solid waste container sites located throughout the countyCounty. These sites contain equipment that could prove injurious to the public and this articleArticle is designed to protect the public as well as the property of companies renting containers to the countyCounty. (Ord. of 8-6-79, Art. III)

Sec. 12-34. Authority. (a) The boardBoard of commissionersCommissioners is authorized by the general statutes of the stateNorth Carolina General Statutes to enact an ordinance regulating solid waste collection, storage, and transportation within the county.

(b) Under the provisions of G.S. Sections§ 153A-121 and 153A-136, the countyCounty hereby exercises its authority to enact this articleArticle. (Ord. of 8-6-79, Arts. II, IV) State law references: General ordinance-making power, G.S. § 153A-121; countyCounty regulation of solid wastes, G.S. § 153A-136.

Sec. 12-35. Jurisdiction. This article shall govern the use of solid waste container sites operated and maintained by the county.County. (Ord. of 8-6-79, Art. V)

Sec. 12-36. Materials not acceptable. No person shall place in a solid waste container site:

TABLE INSET12-36.1:

Fire or embers Pesticides Liquids Chemicals Poisons Animals Herbicides Concrete , Brick, Block Stumps and/or logs Construction Animal wastes Tires Shingles Clearing materials Furniture Bulk amounts of spoiled foods Appliances Ashes, burnt materials (Ord. of 8-6-79, § I)

Sec. 12-37. Fire prevention. It shall be unlawful for any person to set or cause to be set any fire in a solid waste container. No person shall place in a container embers, ashes or other material that would create a fire hazard. (Ord. of 8-6-79, § II) Cross references: Fire prevention and protection, Ch. 5.

Sec. 12-38. Scavenging. It shall be unlawful for any unauthorized person to remove any item from a solid waste container. No person shall climb on, around or inside a container. No person shall open or attempt to open any solid waste container, unless he is authorized to place items therein or to remove items therefrom. No person shall cause any damage to be inflicted upon a solid waste container. (Ord. of 8-6-79, § III)

Sec. 12-39. Loitering. No person shall loiter or congregate on any container site property and no vehicle shall be left unattended on such property. Any vehicle left unattended shall be towed away at the owner's expense. (Ord. of 8-6-79, § IV)

Sec. 12-40. Reserved.

Sec. 12-41. Penalties. Any person who violates the rules and regulations set forth in this article shall be guilty of a misdemeanor and shall be punished as provided in section 1-7. Each day a violation occurs is a separate violation. (Ord. of 8-6-79, Art. VII) Secs. 12-41--12-55. Reserved. Penalties as set forth in Section 12-12 shall apply to violations of this Article II.

Secs. 12-42--12-49. Reserved.

ARTICLE III. DISPOSAL SITES, TRANSFER FACILITIES, TREATMENT AND PROCESSING FACILITIES, MATERIAL RECOVERY FACILITIES

Secs. 12-50--12-56. Reserved.

DIVISION 1. GENERALLY

Sec. 12-56. DefinitionsReserved. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater. Garbage means all putrescible wastes, including animal and vegetable matter, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and . means the process of burning solid, semisolid, or gaseous combustible waste to an inoffensive gas and a residue containing little or no combustible material. . Refuse means all nonputrescible waste. means a facility for disposal of solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A, Article 9 (Section 130A-290 et seq.). Solid waste means any garbage, refuse or sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, domestic sewage and sludges generated by the treatment thereof, and 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, semisolid, or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include fowl and animal fecal waste and does not include oils and other liquid hydrocarbons controlled under G.S. Chapter 143, Article 21A (G.S. Section 143-215.75 et seq.), and does not include any radioactive material as defined by the North Carolina Radiation Protection Act (G.S. Sections 104E-1 through 104E-28) and does not include mining refuse covered by The Mining Act of 1971 (G.S. Sections 74-46 through 74-68). Solid waste collector means any person who collects or transports solid waste. Solid waste disposal site means any place at which solid wastes are disposed of by incineration, sanitary landfill, demolition landfill, or any other acceptable method. Solid waste management means purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery, and disposal of solid waste. Solid waste management facility means land, personnel and equipment used in the management of solid waste. Storage means the containment of solid waste either on a temporary basis or for a period of years, in such manner as not to constitute disposal. Transfer facility Treatment and processing facility means a facility used in the treatment and processing of putrescible solid waste for final disposal or for utilization by reclaiming or recycling. (Ord. of 11-18-86, § I)

Sec. 12-57. Compliance with stateState rules. All solid waste shall be stored, collected, transported, separated or processed, recycled, recovered, and disposed of in a manner consistent with the requirements of the solid waste management rules prepared by the solid and hazardous waste management branch, department of environment, health and natural resources, division of solid waste management, of the State Department of North CarolinaSolid and Hazardous Waste Management Branch, Division of Solid Waste Management, Department of Environmental Quality of the State of North Carolina. All facilities shall be operated in compliance with industry standards and all applicable local, State and Federal laws. Local and State officials retain the right to inspect facilities in accordance with all applicable laws. (Ord. of 11-18-86, § II; Ord. of 10-15-91) State law references: Solid waste management program, G.S. § 130A-294.

Sec. 12-58. Limited use; location. In addition to such other regulations as may be imposed by any local, regional, state or federal regulatory authority, the following regulations shall apply with respect to the siting and operation of solid waste disposal sites in the county:County. Where these restrictions conflict with other local, state or federal regulations, including the Iredell County Land Development Code, the more restrictive shall control. (1) a) No solid waste disposal site or solid waste management site shall accept, store, treat or dispose of any solid waste except such solid waste as has been generated within the countyCounty. In the event of a dispute concerning whether particular solid waste has been generated within the countyCounty, the county solid waste directorCounty Solid Waste Director will be the final arbitersarbiter. (2) No solid waste disposal site shall be located within one thousand (1,000) feet of any stream, branch, creek or river. (3) (b) No solid waste disposal site shall be located within any watershed containing an impoundment reservoir supplying water for human consumption.

(c) Expansions of existing landfill units or new MSWLF units must conform to the requirements of the effective permit.

(d) All units must be sited and constructed per the rules set forth by North Carolina G.S. 130A Article 9, GS 130A-295.6 and 15A NCAC 13B.

(e) No new solid waste management facilities or disposal site may be located within 300 feet of any exterior property line or within 500 feet of any occupied building, residence or residential dwelling unit or private well serving such residence. The minimum distance from any stream or waterway is 50 feet.

(f) All activities related to the handling or processing of solid waste at a transfer facility or treatment and processing facility must take place within a covered enclosed building. Such buildings must not be sited within 50 feet of any stream. (Ord. of 11-18-86, § VIII; Ord. of 10-15-91)

Sec. 12-59. Penalty; enforcement. (a) Any noncompliance with the conditions of a permit pursuant to this article or operation of a facility without a permit, or the operation of a facility in a manner such as to create or constitute a hazard to the public health or safety, and any noncompliance with the procedural requirements of this article, or refusal to permit county officials to enter a facility, structure or enclosed area in the performance of their duties, and any refusal to pay the taxes or fees provided for by this article, and any failure or refusal to provide the information or apply for amendment to permits as may be required, shall be a misdemeanor which may be punishable as indicated in section 1-7. (b) The county may seek injunctions in the appropriate courts of competent jurisdiction when the operation of a solid waste disposal facility is, in the judgment of the solid waste director, creating an imminent hazard to the health, safety, or welfare of the public. The county Penalties as set forth in Section 12-12 shall apply to violations of this Article II.

) Secs. 12-60--12-75. Reserved.

DIVISION 2. PERMIT

Sec. 12-76. Permit Required. (a) No person shall operate any solid waste disposal site, solid waste management facility or material recovery facility until he shall have first been granted a permit by the boardCounty Board of commissionersCommissioners.

(b) No construction or site preparation for a new solid waste disposal site or waste processing facility shall begin until a permit shall have been issued. (Ord. of 11-18-86, § III)

Sec. 12-77. Application. A permit applicant under this divisionArticle shall prepare and file a permit application for a solid waste disposal site permit application , solid waste management facility, and/or material recovery facility with the county planning director and withSolid Waste Director, who may seek approval from the county board Health Director and/or County Board of healthHealth. The permit application shall include all documents submitted to the federal and state governments for applications and permits from such governmental units. The application shall contain the following information: (1) (a) A description of the company, individual or partnership proposing to own and operate the solid waste disposal site, including full information on its financial capability and detailed history of all its past activities in the field of solid waste management, including a synopsis of every other facility it has ever operated; (2) (b) Evidence of liability insurance including environmental impact liability insurance in amounts of at least ten million dollars ($10,000,000.00) and a history of all claims against the applicant at any site, including any parent company or subsidiary or related company; (3) (c) A description of the scope of the proposed project including a schedule of how much and what kinds of solid waste the facility will accept, where within the county the material will come from, what pretreatment will be required, where within the facility waste will be treated and stored, and how long the facility is expected to operate; (4) (d) The estimated project cost, including information on construction cost, the area operating expense, and estimate of the cost for the lifetime of the project; (5) (e) The proposed method of financing the project, including development operation enclosure stages; (6) (f) The proposed number of employees and types of positions, including information on the training and experience required for each position, salaries to be paid, etc.; (7) (g) Anticipated dates when both construction and operation will commence; (8) (h) A detailed estimate of the types and amounts of county services the county will need to provide each year for the facility; (9) (i) A description of emergency procedures and safety and security precautions that will be in place at the facility; (10) (j) A description of the environmental protection measures to be taken by the applicant to prevent contamination on, under and around the facility site, and its description of planned monitoring systems with an estimated annual budget for each of the items; (11) (k) A description of the site closure plan for the facility with the anticipated date of closure and the estimated cost of site closure; (12) (l) A description of anticipated need for postclosure care; (13) (m) A list of all fees and charges sought to be imposed by the applicant; (14 (n) A map or maps including the following information: 1. a. Names, addresses, telephone numbers of legal owner and agent of property, 2. b. Name, address and telephone number of professional person responsible for design and surveys, 3. c. Description of any existing legal rights-of-way or easements affecting the property, 4. d. Reference to existing restrictive covenants on the property, if any, 5. e. Reference to existing zoning classifications of the property and all adjoining property, 6. f. Location of the property by tax map and parcel number, warranty deed book and page number, and other evidence of title of the current owner, 7. g. The map shall be drawn to a scale of not less than one hundred (100) feet to one (1) inch, 8. h. Location sketch map showing relationship of the project to the surrounding area, 9. i. Graphic scale, date, approximate north arrow, and legend, 10. j. Location of property with respect to surrounding property and streets, the names of adjacent property and streets, and the names for adjacent developments, 11. k. Location of all boundary lines of the property, 12. l. Total acreage of the land in the project, 13. m. Location of the nearest buildings (including mobile homes, railroads, parks, cemeteries, bridges, sewers, water mains, culverts, water wells, gas and electric lines), 14. n. Location of all bodies of water, watercourses, groundwater, springs and other pertinent features, 15. o. Location of all test wells and/or borings, 16. p. Location of the 100-year floodplain, flood of record, standard project flood, and inundation due to a dam break, 17. q. Location of all faults, dikes, sills and other pertinent geological structures, 18. r. A topographic map with contours at vertical intervals of not more than five (5) feet on the same scale as the project site map, 19. s. Transportation route map showing proposed transportation routes to and from the facility from all cities and towns in the county, all transfer facilities, and all points of major generation of garbage or solid waste, 20. t. Compatibility with existing land uses, including orientation and layout of site plans, planned buffer zone setback from use area to the solid waste disposal site's exterior property line, and planned aesthetic design of facility and landscaping.

(o) The County Board of Commissioners, upon receipt from a materials recovery facility that provides sufficient proof and documentation to evidence that its materials will be limited to paper, plastic, glass and cardboard of a nontoxic and nonhazardous nature, may reduce the application requirements set forth in this Section. (Ord. of 11-18-86, § IV) Cross references: Flood damage prevention, § 10-51 et seq.

Sec. 12-78. Fees and costs; failure to comply. (a) All applicants for a solid waste disposal site permit or solid waste management facility permit shall pay a filing fee of ten thousand dollars ($10,000.00), of which two thousand five hundred dollars ($2,500.00) is nonrefundable. The boardBoard of commissionersCommissioners shall assess applicant fees in such amounts as the boardBoard of commissionersCommissioners finds necessary and sufficient to reimburse the countyCounty for the cost of any needed professional assistance that may be required by the countyCounty to evaluate the permit application, verify its contents and evaluate the impact of such a permit on the community, public health, and environment. This assistance may include but shall not be limited to the assistance of lawyers, biologists, geologists, engineers, chemists, hydrologists, physicists, emergency response and public health experts and professional testing laboratories.

If the cost to the countyCounty is less than ten thousand dollars ($10,000.00), then the applicant will receive a refund of all the unused application fee in excess of the nonrefundable portion. If the cost to the countyCounty in evaluating the application is greater than $10,000, then the countyCounty will bill the applicant for the difference.

(b) Failure to provide the funds required by this section within thirty (30) days of demand shall result in termination of the permit process or cancellation of the permit. In addition, the county boardCounty Board of commissionersCommissioners may take legal action against the applicant for any cost incurred by the countyCounty up to the point of denial, termination, or revocation.

(c) All applications for a valid waste disposal site permit or solid waste management facility shall include an irrevocable consent signed by all the owners of any interest in the land upon which the solid waste disposal site or solid waste management facility is proposed to be located. Said irrevocable consent shall allow county and other governmental officials access to the property during business hours for the purposes of inspecting, testing and monitoring the property and the facility and shall be in such form that it is recordable in the office of the registerRegister of deedsDeeds and shall run with the land. (Ord. of 11-18-86, § V; Ord. of 12-2-97)

Sec. 12-79. Application procedure. (a) Within ninety (90) days of the submission of the applicant under this division, the boardBoard of commissionersCommissioners shall hold a public hearing so that the applicant can present its plans to the public and answer questions from the public.

(b) After the hearing the boardBoard of commissionersCommissioners shall have ninety (90) days in which to determine if the application is complete and shall mail notice of its determination to the applicant.

(c) Each application shall require an analysis conducted by the countyCounty staff. The analysis shall be completed within ninety (90) days from the day the application is determined to be complete.

(d) When the completed application and completed staff analysis are available, the boardBoard of commissionersCommissioners shall call a second public hearing for public review of the completed application and staff analysis. Notice of such public hearing shall be given at least fifteen (15) days prior to the date specified therein. Notice shall be posted by the applicant on the proposed property and on each and every street of access, and notice shall also be placed by the applicant in each of the county newspapers not less than fifteen (15) days prior to the day specified therein.

(e) Within thirty (30) days after the second public hearing, the boardBoard of commissionersCommissioners shall determine whether to accept the application, deny it, or grant it with specified conditions. (Ord. of 11-18-86, § VI)

Sec. 12-80. Conditions. The boardBoard of commissionersCommissioners may specify conditions on granting a permit as will, in their opinion, ensure that the facility in its proposed location will not adversely affect the health, safety and general welfare of the community in which the facility is to be located. All such specified conditions shall be entered in the minutes of the meeting at which the permit is approved. All conditions shall run with the permit and shall also be binding upon the original applicants, their heirs, successors and assigns. Any noncompliance with the specified conditions constitute violation of this article and shall invalidate the permit. (Ord. of 11-18-86, § VII)

Sec. 12-81. Revocation. For any solid waste disposal, solid waste management or materials recovery facility operator who has committed a violation of this articleArticle, or for whom the continued operation of the facility poses an unreasonable hazard to the health, welfare or safety of the public, the boardBoard of commissionersCommissioners may publicly announce its intention to recommend a revocation of the permit. The facility operator may request a hearing and the boardBoard of commissionersCommissioners shall grant such a hearing within ten (10) days of the request. At the hearing the facility operator may present evidence in mitigation, to demonstrate subsequent remedial action, etc. The boardBoard of commissionersCommissioners may continue the permit upon finding that: (1) (a) The facility operator has made a good faith effort to comply with the permit and to remedy violations; and (2) (b) Reinstatement of the permit would not endanger the public health and welfare; and (3) (c) The facility operator has proposed a plan to remedy any other hazardous conditions on the facility site as expeditiously as possible. (Ord. of 11-18-86, § X)

Sec. 12-82. Annual renewal fee. There is hereby imposed an annual renewal fee, as established by the Board of fifty dollars ($50.00) per acre per yearCommissioners, for each waste disposal site, which shall be payable annually on the anniversary of the issuance of the permit. Solid Waste Management Facility annual renewal fees are based upon the previous years reported tonnage at rate established by the County Board of Commissioners. Failure to pay the annual renewal fee within thirty (30) days of its due date shall result in the automatic revocation of the permit.

Material Recovery Facilities will be subject to annual renewal but will not pay any renewal fees. (Ord. of 12-2-97)