Pasquotank County Ordinance
Section I. The
purpose for this ordinance is to regulate the storage , collection and
disposal of solid waste in Pasquotank County. This ordinance is
adopted pursuant to the authority contained in N.C.G.S. 153A-121, N.C.G.S.
153A-132.1 and N.C.G.S. 153-A136.
Section II. Definitions
A. Agricultural waste: Plants, roots, seeds, fruits, or other products of farming operations that are naturally grown for human or animal consumption.
B. Board: Board of County Commissioners of Pasquotank County.
C. Bulky waste: Large items of solid waste such as household appliances, furniture, automobiles, large auto parts, trees, branches, stumps, and other oversize wastes whose large size precludes or complicates their handling by normal solid waste collection, processing or disposal methods.
D. Collection: The act of removing solid wastes from a point of generation of a central disposal site.
E. Commercial solid waste: Solid wastes generated by stores, restaurants, warehouses, and other commercial activities.
F. Construction and demolition waste: Waste building materials, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures, including tree trimming and land clearing debris.
G. Household Garbage: All putrescible solid wastes, including food wastes and food containers, animal and vegetable matter, and animal offal and other garbage that is normally produced in residential dwellings, but excluding sewage and human wastes.
H. Hazardous waste: Wastes, or a combination of wastes, in a solid, liquid, contained gaseous, or semisolid form that may cause, or contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness, taking into account the toxicity of such waste, its persistence and degradability, its potential for accumulation or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other organisms.
I. Industrial solid waste: Solid wastes generated by industrial processing and manufacturing.
J. Infectious waste: (1) Equipment, instruments, utensils, and fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must therefore, be isolated as required by public health agencies; (2) 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; (3) surgical operating room pathologic specimens and disposable fomites attendant thereto, and similar disposable materials from outpatient areas and emergency rooms.
K. Landfill: Sanitary, demolition, monofills, balefills and any other land areas used for the disposal of bulky, commercial, construction, and demolition, hazardous, industrial, infectious, institutional, radioactive, and residential solid waste.
L. Person: Any individual, firm, partnership, corporation, association, governmental unit or agency, or other agency, or other legal entity.
M. Radioactive waste: Any wastes that emit ionizing radiation spontaneously.
N. Recyclables: Any items being separated and collected at the recycling/convenience centers for the purpose of being recycled.
O. Solid waste: Non-hazardous garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid material resulting from industrial, institutional, commercial, and agricultural operations, and from community activities. This term does not include: (a) fowl and animal fecal waste; (b) solid or dissolved material in (i) domestic sewage and sludges generated by the treatment thereof in sanitary sewage disposal systems which have a design capacity of more than 3,000 gallons or which discharge effluent to the surface waters; (ii) irrigation return flows; and (iii) 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 Clean Water Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the Environmental Management Commission; (c) oils and other liquid hydrocarbons controlled under Article A of Chapter 143, North Carolina General Statutes; (d) any radioactive material as defined by the North Carolina Radiation Protection Act, G.S. 104E-1 through G.S. 104E-23; or (e) mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through G.S. 74-68, and regulated by the North Carolina Mining Commission.
P. Solid waste disposal site: A location at which solid wastes are disposed of by sanitary landfill, or other approved method.
Q. Solid waste receptacle: (1) A large metal container (also known as a dumpster) used for the temporary storage of solid wastes and capable of being automatically emptied into collection vehicles, containing no more than 8 cubic yards, which shall be designated household garbage and trash; (2) Large trailer body container (also known as a roll-off container) being no smaller than 20 cubic yards and capable of being substantially larger which is designated for large items such as trees, limbs, washing machines, refrigerators and major household appliances.
R. Recycling/Convenience Centers: A manned center which is operated for the purpose of accepting household waste and recyclables from the public.
Section III. Storage and Disposal
A. Large airtight containers: No person shall abandon large airtight containers and appliances such as refrigerators that have not been rendered incapable of being made airtight again or have been rendered incapable of locking or closing. The said container or airtight appliance, all household gargbage and other refuse covered by this ordinance shall be stored in such a manner or fashion as individual homeowners or garbage contractors may choose so long as the same does not constitute or create a health hazard.
B. No owner, occupant, tenant, or lessee of any property may deposit, store or permit to accumulate any solid waste upon his property that is not stored or disposed of in a manner prescribed by this ordinance or other appliance state and federal regulations.
C. The owner, occupant, tenant, or lessee of any property shall remove or cause to be removed all solid waste from his property shall such a period of time so that the same shall not constitute a health hazard.
D. Garbage shall be stored in such containers as the owner, occupant, tenant, or lessee may choose so long as the same is kept clean and does not produce an odor or other nuisance condition.
E. Refuse shall be stored in a manner that will not provide harborage to rodents and vermin and will not create a fire hazard.
F. No owner, occupant, tenant, or lessee of any building or dwelling, may leave outside the building or dwelling, in a place accessible to children, any abandoned or unattended icebox, refrigerator or other receptacle that has an airtight door without first removing a locking or closing mechanism of the said door.
G. Solid waste shall be disposed of only i one of the following ways:
1. In Pasquotank County's Sanitary Landfill as approved by the North Carolina Department of Environment, Health & Natural Resources;
2. In such other disposable area as has obtained all local, state, and federal air pollution control permits;
3. By any other method, including reclamation and recycling processes, that has been approved by the North Carolina Department of Environment, Health & Natural Resources.
H. In addition to the methods listed in Section III.G., above, household garbage may be disposed of only at Pasquotank County convenience/recycling centers. Provided that the said recycling/convenience centers provided by Pasquotank County shall not be used at any time by any commercial or for profit hauler or transporter or garbage or solid waste.
I. Construction and demolition wastes shall be separated from household garbage and disposed of at a demolition site in the Pasquotank County Landfill as approved by Pasquotank County or its designees.
J. Infectious, hazardous, and radioactive wastes shall be disposed of according to written procedures approved by the North Carolina Department of Environment, Health & Natural Resources.
K. Any person collecting and transporting solid wastes for disposal shall dispose of the same at the landfill provided by Pasquotank County.
L. Disposal of asbestos must be arranged through the Solid Waste Director at least three working days prior to removing it from its original location, except for material that contains less than 2% asbestos and is non-friable which may be disposed of with regular household garbage at the landfill. Provided however, that proper documentation is presented to the Solid Waste Director regarding the asbestos content.
M. Disposal of Sharps Containers must be arranged through the Solid Waste Director at least three working days prior to removal from the facility.
Section IV.
A. The sanitary landfill of Pasquotank County may be used for the disposal of solid wastes by any person who is a resident of Pasquotank County and has solid wastes that were produced, generated, or collected in Pasquotank County or by a resident of such other county or area as Pasquotank County shall by contract authorize to utilize the said sanitary landfill under the same terms and conditions as set forth herein. Solid waste shall be disposed of at the landfill in the manner and in accordance to the procedures required by the landfill manager or his representative.
B. The following wastes may not be disposed of in the landfill:
1. Radioactive wastes;
2. Tires;
3. Infectious wastes;
4. Wet sludge;
5. Batteries;
6. Liquids of any type;
7. Any hollow metal drums 55 gallons or larger unless the ends have been removed;
8. Any cable or wire unless it has been cut into two foot sections or baled;
9. White goods ( i.e. refrigerators, stoves, etc.)
C. Any person transporting waste to the county landfill shall pay rates for the disposal of the said household garbage or waste that is permitted in Section II of this ordinance in accordance with a fee schedule that shall be adopted by the Pasquotank County Board of Commissioners.
1. All fees shall be paid at the time of delivery to the said county landfill unless prior arrangements have been made with the Pasquotank County Solid Waste Department.
2. The following groups or persons shall be exempt from the payment of fees for disposal or garbage or other waste:
a. Residential waste of 1/2 ton (1,000 pounds) or less that is brought to the landfill by the homeowner. This does not apply to residential waste that is collected by commercial haulers.
b. Any civic group that brings waste to the landfill as a result of roadside cleaning activities including the Department of Transportation, or other groups performing public service cleanup activities as authorized by the County Manager or Solid Waste Director.
3. That any persons who shall deliver garbage or waste to the Pasquotank County landfill if the waste did not originate in Pasquotank or Camden Counties shall be charged double the rates set forth hereinabove, provided further, that said landfill manager shall have the right and privilege to refuse such garbage, bulky waste, commercial waste or industrial solid waste.
Section V. Recycling/Convenience Centers
A. Recycling/Convenience centers are maintained at various sites throughout the county for the convenience of county residents. Solid wastes and recyclables may be deposited in the recycling/convenience centers only in accordance with the provisions of this ordinance.
B. All solid wastes shall be deposited inside the solid waste receptacle or as directed by the attendant. No solid waste may be left outside the gate of the center.
C. No commercial, industrial, and institutional solid waste or solid waste collected by independent collectors may be deposited at the recycling/convenience centers, except that designated recyclables that are generated by commercial or industrial businesses, or institutions may be deposited at the landfill recycling/convenience center.
D. The following wastes may not be deposited in the recycling/convenience centers:
1. Hazardous wastes;
2. Liquid wastes, except for used motor oil;
3. Infectious wastes;
4. Radioactive wastes;
5. Bulky wastes; (except as derived from household use which may be placed in roll-off containers by homeowners)
6. Tires, except at the Landfill Recycling Center;
7. Construction and demolition wastes; (except as derived from household use which may be placed in roll-off containers by homeowners).
8. Burning or smoldering materials, or any other materials that would create a fire hazard;
9. Batteries except in approved recycling containers;
10. Yard waste which weighs more than 100 pounds and/or limbs longer than 8 feet or larger than 4 inches in diameter.
Section VI. Prohibitions
1. No smoking shall be permitted at the landfill or the use of any matches or other open flames except as approved by the Solid Waste Director.
2. No persons shall be allowed to go upon the premises for any reason except as permitted by this ordinance or as approved by the Landfill and/or County Manager.
Section VII.
Certain landfills may be allowed within the zoning boundaries of Pasquotank County when located in the appropriately zoned district and having obtained a special use permit issued by the Board of Adjustment.
Subject to high standards of planning and design, certain property outside the zoning boundaries may be used for the construction of landfills. In order for a landfill to be located in these areas an application shall be filed with the Pasquotank County Solid Waste Director. Such application will include a copy of the approved plan submitted to the N.C. Solid Waste Management Division, and be subject to a public hearing before the Pasquotank County Board of Commissioners. Due notice of the hearing shall be given to those land owners immediately adjacent thereto either in the rear thereof or on either side thereof; extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of the opposite lots; specifically, at least one (1) week prior to the date of the hearing, the Solid Waste Director shall furnish all adjoining property owners with written notice of the hearing. Notice of a Public Hearing shall be published once a week for two (2) consecutive calendar weeks in a local newspaper of general circulation. Such landfill application shall not be approved except by favorable vote of a majority of all the members of the Pasquotank County Board of Commissioners. It is unlawful to operate a landfill without such approval by the Pasquotank County Board of Commissioners.
Section VIII.
Any person violating this ordinance shall be guilty of a misdemeanor as provided by N.C.G.S. 14-4 which shall cause the said person to be punished by a fine not to exceed fifty dollars ($50) or imprisonment for not more than thirty (30) days, or both. Each day's violation shall be treated as a separate offense.
Adopted this the 16th day of December, 1991.
Pasquotank Board of Commissioners
BY: _________________________
Attest:
Clerk to the Board .