Final
Mecklenburg County Ordinance to Require the Source Separation of
Designated Materials from the Municipal Solid Waste Stream for the
Purpose of Participation in a Recycling Program
Administrative Rules and Regulations
Introduction
Mecklenburg County, Charlotte, Cornelius, Davidson, Huntersville, Mint Hill and
Pineville, NC adopted the “Mecklenburg County Ordinance to Require the Source
Separation of Designated Materials from the Municipal Solid Waste Stream for
the Purpose of Participation in a Recycling Program”. The effective date for the
Ordinance is January 1, 2002. The Ordinance requires Business Entities which
generate 16 cubic yards or more of Municipal Solid Waste per week to separate
Corrugated Cardboard and Office Paper and to provide for the collection of such
materials. The Ordinance authorizes and directs the Director of Solid Waste to
establish, promulgate, administer, and enforce reasonable regulations pertaining
to the Ordinance.
1.
Section 1 of the Ordinance – Definitions
All terms defined in the Ordinance apply to these Administrative Rules and
Regulations unless otherwise specified. In addition, the following definitions shall
apply.
Disposal Site – means any place at which solid wastes are disposed of by
incineration, sanitary landfill or by any other means.
Mixed Waste – a combination of Designated Materials and Municipal Solid
Waste which have been placed in a container together, because the
Business Entity has contracted with a Certified Mixed Waste Processor
who will separate the materials for recycling at an approved facility.
Ordinance – means the Mecklenburg County Ordinance to Require
the Source Separation of Designated Materials from the Municipal
Solid Waste Stream for the Purpose of Participation in a Recycling
Program.
Residue – Solid Waste which is disposed of at a solid waste disposal site.
Residue are those materials which are left over in a mixed waste
processing operation after Designated Materials have been separated for
recycling.
The definition for “Established Threshold” is clarified as follows:
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Established Threshold – means having 16 cubic yards or greater of
uncompacted municipal solid waste collection per week. Compacted solid
waste will be measured on a 3:1 ratio basis against uncompacted solid
waste (e.g., 5.33 cubic yards of compacted waste will be regarded as
equivalent to 16 cubic yards of uncompacted waste).
2.
Section 2 of the Ordinance – General Provisions
If a Business Entity does not keep its waste separate from residential and
other types of municipal solid waste (e.g., where business waste and
residential waste are placed in the same dumpster from a mixed use
building) for purposes of determining compliance with the Ordinance, the
total volume/weight in that dumpster will be treated as waste from a
Business Entity in calculations to determine if the Established Threshold
has been met.
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Section 2.B. of the Ordinance – Certified Mixed Waste Processor
Intent: Business Entities to which the Ordinance applies must keep Designated
Materials separate from all other Municipal Solid Waste for the purpose of
participation in a recycling program and shall provide for the Collection of
Designated Materials. Designated Materials must be separated before
Collection, removal, transportation or disposal. Business Entities to which the
Ordinance applies may commingle Designated Materials with Municipal Solid
Waste if they contract with a Certified Mixed Waste Processor for Collection. It is
intended that the Certified Mixed Waste Processor achieve the same level of
recovery of Designated Materials as the Business Entity would achieve through
Source Separation.
The following rules shall serve as certification guidelines for recycling businesses
which choose to provide this service for Business Entities within Mecklenburg
County. The County will publish a list of such Certified Mixed Waste Processors
on its website www.wipeoutwaste.com. This list will also be distributed upon
request through the County’s waste reduction hotline 704-432-3200.
Rules for Certification as a “Certified Mixed Waste Processor”
Certification is required for both collection and processing of Mixed Waste. A
Business Entity may be certified as a Collector of Mixed Waste (Type A) or as a
Processor of Mixed Waste (Type B), or both.
Rules which apply to both Type “A” and Type “B” Certified Mixed Waste
Processors (CMWP).
(1)
All Solid Waste must be stored, collected, transported, separated,
processed, recycled, recovered, and disposed of in a manner consistent
with all Federal, State, and local regulations.
(2)
Designated Materials must be recovered in such a manner that they can
be recycled or reused.
(3)
Requests for certification must be submitted in writing to the Director.
Upon receipt of a written request for certification, the Director shall
arrange a conference with the applicant, if needed, to afford it an
opportunity to present any evidence it may have regarding the certification
request. If necessary, the Director will conduct an inspection of the
applicant’s facility to make a determination as to the applicant’s ability to
meet the requirements of these Administrative Regulations. (No request
for a certification may be denied without giving the applicant the
opportunity for a conference.) The Director shall grant a certification if he
concludes the applicant meets the requirements of the Ordinance and
these Administrative Regulations. Within thirty (30) days after the
conference, the Director shall give written notice to the applicant of his
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decision regarding the certification request. In cases in which the Director
does not grant a Certification, the applicant shall have fifteen (15) days
from the date the notice is mailed to appeal the Director’s decision to the
Mecklenburg County Waste Management Advisory Board (“Board”), via
the Director, for a final decision in accordance with the rules of procedure
established by the Board.
(4)
Certifications must be renewed annually pursuant to a written certification
by such Certified Mixed Waste Processor that it has continuously
complied with the foregoing rules.
(5)
The County reserves the right to inspect the premises of Certified Mixed
Waste Processors, without notice, but only during regular business hours
of the Certified Mixed Waste Processor, to determine compliance with
these regulations. If the right of inspection is denied to County staff, or if
County staff determines that a Certified Mixed Waste Processor has
willfully and materially violated any of the foregoing rules, the Director may
give such Certified Mixed Waste Processor a reasonable amount of time
to cure such violation, or may immediately revoke, without prior notice, the
Certification. Any Certified Mixed Waste Processor whose certification is
revoked may appeal the revocation to the Waste Management Advisory
Board pursuant to the provisions of Rule 3, above.
(6)
Any Certified Mixed Waste Processor which loses its Certification status
either by choice, revocation or renewal denial must notify its customers
(including any Type “A” CMWP with which it has a contract) by certified
mail of such change in status within three (3) business days after such
change in status. The notification must explain to the customer that the
Certified Mixed Waste Processor can no longer fulfill those requirements
of the Ordinance which allow Business Entities to commingle Designated
Materials with Municipal Solid Waste.
Rules which apply to a Collector of Mixed Waste, a Type “A” Certified
Mixed Waste Processor (CMWP)
(7)
A Type “A” CMWP may not collect loads from a Business Entity and
transport these loads directly to a Disposal Site. A Type “A” CMWP which
is not also a Type “B” CMWP must have a written contract with a Type “B”
CMWP which requires the Type “B” CMWP to accept Mixed Waste from a
Business Entity transported by the Type “A” CMWP . All Mixed Waste
loads collected by a Type “A” Certified Mixed Waste Processor must be
tipped on the floor of a Type “B” CMWP’s facility. There are no
exceptions.
(8)
A Type “A” CMWP must submit monthly documentation to the Director.
This shall include a list of vehicles servicing Mixed Waste customers with
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vehicle ID #’s, corresponding date/s of service, tons delivered, and facility
to which it was delivered. (see form appendix ___)
(9)
Vehicle Signs. Vehicles engaged in the collection of Mixed Waste loads
must display signs as provided herein on at least 2 sides of the vehicle. A
Certified Mixed Waste Processor may not collect from a Business Entity
contracting for this type of recycling service without displaying these signs.
All materials collected while displaying these signs must be taken to a
Mixed Waste Processing Facility as outlined in Rule # 7, above.
The signs which must be displayed shall be no smaller than 18 inches x
18 inches. The background color and font color shall have sufficient
contrast to make the signs easily legible. The letters for these signs must
be at least 3/4 inch tall. The following text must appear on signs posted
on all vehicles collecting Mixed Waste:
Mecklenburg County
Certified Mixed Waste
Processor
Materials collected by
this vehicle will be
taken to an approved
facility for recycling.
Info: 704-432-3200
www.wipeoutwaste.com
These signs may be purchased from Mecklenburg County. All signs must
be approved by Mecklenburg County.
(10)
Business Entity Signs. If a Business Entity contracts for Mixed Waste
Processor service, signs as provided herein must be placed on at least
three (3) sides of the container used to store the Mixed Waste. It is the
responsibility of the Type “A” CMWP to ensure that all containers used to
store Mixed Waste display these signs before they are serviced. If a
Business Entity owns the container/s used to store Mixed Waste, the Type
“A” CMWP which provides the collection service for these containers must
notify the Business Entity that such signs must be displayed before
collection can take place.
All materials collected from containers displaying these signs must be
taken to a Type “B” Mixed Waste Processing Facility as outlined in Rule
#7 above. These signs shall be no smaller than 18 inches x 18 inches.
The background color and font color shall have sufficient contrast to make
signs easily legible. The letters from these signs must be at least ¾ inch
tall. The following text must appear on these signs:
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The contents of this
container must be collected
by a certified mixed waste
processor and taken to an
approved facility for
recycling.
--by Mecklenburg County
Ordinance
Info: 704-432-3200
www.wipeoutwaste.com
These signs may be purchased from Mecklenburg County. All signs must
be approved by Mecklenburg County.
Rules which apply to a Processor of Mixed Waste, a Type “B” Certified
Mixed Waste Processor (CMWP)
(11)
A Type “B” CMWP must have a specific physical location for sorting
materials, and all loads delivered to a Type “B” CMWP must be tipped on
the floor of its processing facility. Any load received by a Type “B” CMWP
must be recorded as incoming tonnage and as outgoing tonnage
according to the reporting requirements in rules 12 and 13, below.
(12)
A Type “B” CMWP must submit documentation detailing the incoming
tonnage to its processing facility, recycling tonnage, and residual tonnage
on a monthly basis to the Director. (see form appendix ___)
(13)
Over any three consecutive months the percentage of Residue shall not
exceed 30 percent by weight per facility. The percentage of Residue will
be determined as follows:
Assumption: Source Separated Tonnage has 5% Residual material
SS = Source Separated Tonnage
MW = Mixed Waste Tonnage
R = Total Residual from Facility
MixedWaste Re sidual =
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R − (SS × 0.05)
MW
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Section 2.C. of the Ordinance.
Educating Tenants and Employees
All Business Entities subject to Section 2.A. of the Ordinance must provide a
Separation System for their tenants, employees and/or customers in
conformance with the Ordinance and must provide such tenants, employees
and/or customers written notification regarding the use and participation in such
System. Notices shall be given to new tenants within 30 days after tenant movein. For all Business Entities, periodic notices should be distributed when the
Business Entity observes that a significant amount of Office Paper and/or
Corrugated Cardboard is being placed into the garbage/trash containers in lieu of
the recycling containers provided by the Business Entity. Information on the
Business Entity’s Separation Program shall be distributed to employees and
tenants, if any, at least once per year.
3.
Section 3.A. of the Ordinance – Automatic Minimum Weight
Exemption
For a Business Entity unable to determine whether it generates 500 pounds of
Corrugated Cardboard or Office Paper during any month, the Director will accept
a volume-based measurement as follows:
•
•
Assume 100 pounds for each cubic yard of flattened corrugated cardboard.
Assume 400 pounds for each cubic yard of office paper.
Section 3.C. of the Ordinance – Exemptions Upon Application
A County exemption application form must be completely filled out in order to be
considered for an exemption.
Section 3.C. (1) of the Ordinance.
Applicants for this exemption must specify which codes or regulations would
have to be violated in order to comply with the Ordinance. A detailed description
must be provided on how compliance with the Ordinance would bring about noncompliance of such codes or regulations. Applicants must provide
documentation on all efforts taken to come into compliance with the Ordinance.
Section 3.C (2) of the Ordinance.
If a Business Entity applies for an exemption under section 3.C (2) of the
Ordinance, the Business Entity must provide written documentation of multiple
unsuccessful attempts to obtain access to a collection system or processing
system for Designated Materials. The Business Entity will then be referred to the
appropriate County staff for technical assistance. County staff will attempt to
identify a Collector or Certified Mixed Waste Processor for the Designated
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Material(s). If County staff are successful in identifying a Collector or Certified
Mixed Waste Processor for the Business Entity’s Designated Materials, then staff
will recommend denial of the exemption application.
Section 3.D. of the Ordinance.
Upon receipt of a written request for exemption, within 30 days the Director shall
arrange a conference with the Business Entity, if needed, to afford it an
opportunity to present any evidence or argument it may have regarding the
request for exemption.
4.
Section 4.A-C of the Ordinance.
To ensure compliance with these rules, the County may utilize its inspection
force to identify Business Entities to which the Ordinance applies. Inspectors
may, at a minimum, inspect outdoor Solid Waste and recycling containers,
investigate complaints, interview Business Entity representatives, distribute
information, provide assistance and deliver notices.
The Director or his/her designee shall deliver notices in person or by certified
mail. Where the County can demonstrate an attempt to properly deliver the
notice, a refusal by the Business Entity or Business Entity’s representative to
accept the Notice in person or by certified mail, shall not constitute a failure by
the County to fulfill the requirement for the delivery of notice.
Notice of Potential Non-Compliance – Prior to submitting a Notice of Violation,
the County may issue a Notice of Potential Non-Compliance (NPNC). Such
notice initiates an investigative process whereby a representative from the
County will visit and request information from a Business Entity in order to
establish if the Business Entity is in compliance with the Ordinance. Such
requests for information may include the frequency and type of Solid Waste pick
up and basic questions posed in order to establish the amount of Designated
Materials the Business Entity generates.
The Business Entity upon which a civil penalty is levied by the Director shall have
the right to file a notice of exception with the Director at any time prior to the date
the civil penalty becomes delinquent. If the Business Entity cannot attend a
scheduled conference, notification must be submitted in writing to the Director at
least seven (7) days prior to the conference date. The rescheduled conference
must take place no more than thirty (30) days following the originally scheduled
conference. Only one such rescheduling will be allowed. Failure to attend the
second such scheduled conference shall be deemed to be the abandonment of
the appeal. For good cause shown, the Director may excuse any failure to
attend a scheduled conference or provide notification as required.
Payment of civil penalties: checks or money orders should be made payable to
Mecklenburg County and mailed or delivered to Director, Mecklenburg County
Solid Waste Department.
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