{
  "num": "58",
  "title": "Solid Waste Management",
  "reserved": false,
  "pageStart": 313,
  "pageEnd": 324,
  "bodyStart": 315,
  "sectionCount": 29,
  "items": [
    { "type": "article", "id": "ch58-art1", "label": "Article 1", "title": "In General" },
    {
      "type": "section",
      "id": "sec-58-1",
      "num": "58-1",
      "numEnd": null,
      "title": "Purpose and statutory authority of chapter",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The purpose of this chapter is to regulate the storage, collection, and disposal of solid waste in the county. This ordinance is adopted pursuant to the authority contained in G.S. 153A-121, 153A132.1, 153A-136, 153A-274 through 153A-278, and 153A-291 through 153A-293, and 130A309.09, 130A-309.09A, 130A-309.09B, and 130A309.09D. Unless otherwise indicated, the chapter applies to both publicly-owned and privatelyowned municipal solid waste management facilities located in the county." },
        { "type": "history", "text": "(Ord. of 6-15-92, § I)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-2",
      "num": "58-2",
      "numEnd": null,
      "title": "Definitions",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:" },
        { "type": "p", "text": "Board means the board of county commissioners." },
        { "type": "p", "text": "Bulky waste means large items of solid waste such as furniture, 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." },
        { "type": "p", "text": "Cabarrus County means all area within the boundaries of Cabarrus County not within the corporate limits of any town, city or other incorporated municipality as of the effective date ofthe ordinance from which this chapter is derived, together with all territory which is also within the corporate limits, as such corporate limits may change from time to time, of the Towns of Harrisburg and Mt. Pleasant and the City of Kannapolis, including that portion of the City of Kannapolis located within Rowan County." },
        { "type": "p", "text": "Collection means the act of removing solid waste, or materials that have been separated for the purpose of recycling, to a transfer station, processing facility, or disposal facility." },
        { "type": "p", "text": "Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial waste." },
        { "type": "p", "text": "Construction and demolition waste means solid waste resulting solely from construction, remodeling, repair, or demolition operations on buildings or other structures, but does not include inert debris, land-clearing debris, yard debris, or used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material." },
        { "type": "p", "text": "County means Cabarrus County government." },
        { "type": "p", "text": "Department means the department of environment, health and natural resources." },
        { "type": "p", "text": "Garbage means all putrescible waste, including animal offal and carcasses, and recognizable industrial byproducts, but excluding sewage and human waste." },
        { "type": "p", "text": "Hazardous waste means solid waste, or a combination of solid wastes, that because of its quantity, concentration or physical, chemical or infectious characteristics may:" },
        { "type": "p", "text": "(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or" },
        { "type": "p", "text": "(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed." },
        { "type": "p", "text": "Incineration means the process ofburning solid, semisolid, or gaseous combustible wastes to an inoffensive gas and a residue containing little or no combustible material." },
        { "type": "p", "text": "Industrial solid waste means solid waste generated by industrial processes and manufacturing." },
        { "type": "p", "text": "Inert debris means solid waste that consists solely of material that is virtually inert and that is likely to retain its physical and chemical structure under expected conditions of disposal." },
        { "type": "p", "text": "Institutional solid waste means solid waste generated by educational, health care, correctional, and other institutional facilities." },
        { "type": "p", "text": "Land-clearing debris means solid waste that is generated solely from land-clearing activities." },
        { "type": "p", "text": "Landfill means a disposal facility or part of a disposal facility where waste is placed in or on land and that it is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste longterm storage facility or a surface storage facility." },
        { "type": "p", "text": "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 chapter." },
        { "type": "p", "text": "Municipal solid waste means solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. Municipal solid waste does not include hazardous waste, sludge, or solid waste from mining or agricultural operations." },
        { "type": "p", "text": "Municipal solid waste management facility means any publicly- or privately-owned solid waste management facility permitted by the department that receives municipal solid waste for processing, treatment, or disposal." },
        { "type": "p", "text": "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 biologicals or in in vivo testing of pharmaceuticals, or that died with a known or suspected disease transmissible to humans." },
        { "type": "p", "text": "Person means any individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity." },
        { "type": "p", "text": "Processing means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration." },
        { "type": "p", "text": "Putrescible means solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors and gases, such as kitchen wastes, offal, and animal carcasses." },
        { "type": "p", "text": "Radioactive waste means waste containing any materials, whether solid, liquid, or gas, that emits ionizing radiation spontaneously." },
        { "type": "p", "text": "Recycling means the process by which solid waste or recovered materials are collected, separated, or processed, and reused or returned to use in the form of raw materials or products." },
        { "type": "p", "text": "Refuse means solid waste, other than garbage or ashes, from residences, commercial establishments, and institutions." },
        { "type": "p", "text": "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 department." },
        { "type": "p", "text": "Resource recovery means the process of obtaining material or energy resources from discarded solid waste that no longer has any useful life in its present form and preparing the solid waste for recycling." },
        { "type": "p", "text": "Sanitary landfill means a facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted pursuant to G.S. 130A-290 et seq." },
        { "type": "p", "text": "Scrap tire means a tire that is no longer suitable for its original, intended purpose because of wear, damage, or defect." },
        { "type": "p", "text": "Septage means solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin that is removed from a septic tank system." },
        { "type": "p", "text": "Sharps mean needles, syringes, and scalpel blades." },
        { "type": "p", "text": "Sludge means any solid, semisolid, or liquid waste generated from a municipal, commercial, institutional, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, or any other waste having similar characteristics and effects." },
        { "type": "p", "text": "Solid waste means any hazardous or nonhazardous 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 in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, institutional, commercial, and agricultural operations, and from community activities. The term does not include:" },
        { "type": "p", "text": "(1) Fecal waste from fowls and animals other than humans;" },
        { "type": "p", "text": "(2) Solid or dissolved material in a. Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment, and disposal systems that are designed to discharge effluents to the surface waters; b. Irrigation return flows; and c. Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the environmental management commission. However, any sludges that meet the criteria for hazardous waste under RCRA shall also be a solid waste for purposes of this definition;" },
        { "type": "p", "text": "(3) Oils and other liquid hydrocarbons controlled under G.S. 143-215.75 et seq. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this definition;" },
        { "type": "p", "text": "(4) Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 USC 2011);" },
        { "type": "p", "text": "(5) Mining refuse covered by the state mining act, G.S. 74-46 through G.S. 74-68 and regulated by the state mining commission. However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this definition." },
        { "type": "p", "text": "Solid waste collector means any person who collects or transports solid waste." },
        { "type": "p", "text": "Solid waste disposal site means a location at which solid waste is disposed of by incineration, sanitary landfill, or other approved method." },
        { "type": "p", "text": "Solid waste receptacle means a container used for the temporary storage of solid waste while awaiting collection." },
        { "type": "p", "text": "Source separation means setting aside recyclable materials at their point of generation by the generator." },
        { "type": "p", "text": "Tire means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle, as defined in G.S. 20-4.01(23)." },
        { "type": "p", "text": "Transfer station means a site at which solid waste is concentrated for transport to a processing facility or disposal site. A transfer station may be fixed or mobile." },
        { "type": "p", "text": "Used oil means any oil that has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling, has become unsuitable for its original purpose." },
        { "type": "p", "text": "White goods means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances." },
        { "type": "p", "text": "Yard trash means solid waste consisting solely of vegetative matter resulting from landscaping maintenance." },
        { "type": "history", "text": "(Ord. of 6-15-92, § II; Ord. No. 1997-14, 11-1797)" },
        { "type": "note", "kind": "cross", "label": "Cross reference", "text": "Definitions generally, § 1-2." }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-3",
      "num": "58-3",
      "numEnd": null,
      "title": "Reserved",
      "reserved": true,
      "content": [
        { "type": "note", "kind": "editor", "label": "Editor’s note", "text": "Ord. No. 2021-32, § 11, adopted Dec. 20, 2021, repealed § 58-3, which pertained to enforcement of chapter and derived from Ord. of 6-15-92, § IX." }
      ]
    },
    { "type": "section", "id": "sec-58-4", "num": "58-4", "numEnd": "58-35", "title": "Reserved", "reserved": true, "content": [] },
    { "type": "article", "id": "ch58-art2", "label": "Article II", "title": "Collection, Storage and Disposal*" },
    {
      "type": "section",
      "id": "sec-58-36",
      "num": "58-36",
      "numEnd": null,
      "title": "Storage and disposal",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) No owner, occupant, tenant, or lessee of any property may deposit, store, or permit to accumulate any solid waste on his property that is not stored or disposed of in a manner prescribed by this article." },
        { "type": "p", "text": "(b) The owner, occupant, tenant, or lessee of any property shall remove or cause to be removed all solid waste from his property at least once each week, a seven-day period." },
        { "type": "p", "text": "(c) Garbage shall be stored only in a container that is durable, rust resistant, nonabsorbent, watertight, and easily cleaned, with a closefitting, flytight cover in place, with adequate handles or bails to facilitate handling. The capacity of containers used for individual residences may not exceed 39 gallons. The EPA recommends a maximum capacity of 35 gallons unless the containers are equipped with casters and can be served by being rolled to the collection vehicle, as specified in 40 CFR 243.200-2(a)(1). Solid waste receptacles may also be used for storage provided they meet the requirements of this subsection." },
        { "type": "p", "text": "*State law reference—Authority to provide for the removal and disposal of trash and garbage, etc., G.S. 153A132.1." },
        { "type": "p", "text": "The number of containers shall be adequate to store one week's accumulation of garbage. Each container shall be kept clean so that no odor or other nuisance condition exists." },
        { "type": "p", "text": "(d) Refuse shall be stored in a manner that will resist harborage to rodents and vermin and will not create a fire hazard. Regulated refuse under this subsection includes, but is not limited to, lumber, boxes, barrels, bottles, cans, tires, paper, cardboard, rags, old furniture and other bulky waste, and white goods. Useful materials, such as firewood and building materials, may be stored on the premises, provided they are stored in a safe manner at a reasonable height aboveground." },
        { "type": "p", "text": "(e) No owner, occupant, tenant, or lessee of a building or dwelling, other than a licensed junk dealer, may place or leave or cause to be placed or left outside the building or dwelling any bulky waste for longer than 72 hours." },
        { "type": "p", "text": "(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 the door." },
        { "type": "p", "text": "(g) Solid waste shall be disposed of only in one of the following ways:" },
        { "type": "p", "text": "(1) In a landfill approved by the department;" },
        { "type": "p", "text": "(2) In an incinerator that has all required local, state, and federal control permits;" },
        { "type": "p", "text": "(3) By any other method, including recycling and resource recovery, that has been approved by the department." },
        { "type": "p", "text": "(h) In addition to the methods listed in subsection (g) of this section, refuse may be disposed of in solid waste receptacles provided by the county." },
        { "type": "p", "text": "(i) No person may discard, dispose, leave, or dump any solid waste on or along any street or highway or on public or private property unless such solid waste is placed in a receptacle or at a location designated for the deposit of solid waste." },
        { "type": "p", "text": "(j) Construction wastes must be disposed of at disposal sites approved and permitted by the department." },
        { "type": "p", "text": "(k) Regulated medical, hazardous, and radioactive waste must be disposed of according to written procedures approved by the department." },
        { "type": "p", "text": "(l) Any person collecting and transporting solid waste generated on such person's property for disposal at an approved disposal site shall comply with section 58-62 concerning vehicles and containers." },
        { "type": "p", "text": "(m) All sharps shall be placed in a sealed, puncture-proof container prior to disposal." },
        { "type": "p", "text": "(n) Open burning of solid waste is prohibited." },
        { "type": "p", "text": "(o) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § III; Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-37",
      "num": "58-37",
      "numEnd": null,
      "title": "Landfill management",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) The county sanitary landfill may be used for the disposal of municipal solid waste generated within the county and within adjacent counties. The landfill shall be open during business hours as established by the board. In emergencies, the landfill may be opened for additional hours as directed by the county manager or the manager's representative. Except when open during regular business hours, the landfill shall be kept locked, and entry shall not be permitted. Solid waste shall be disposed of at the landfill in the manner and according to procedures established by the county manager or his representative." },
        { "type": "p", "text": "(b) The following wastes may not be disposed of in the county sanitary landfill or in any privately owned municipal solid waste landfill:" },
        { "type": "p", "text": "(1) Burning or smoldering materials or any other materials that would create a fire hazard;" },
        { "type": "p", "text": "(2) Hazardous waste;" },
        { "type": "p", "text": "(3) Lead-acid batteries;" },
        { "type": "p", "text": "(4) Liquid waste;" },
        { "type": "p", "text": "(5) Untreated regulated medical waste;" },
        { "type": "p", "text": "(6) Radioactive waste;" },
        { "type": "p", "text": "(7) Tires, unless they have been halved or shredded;" },
        { "type": "p", "text": "(8) Used oil" },
        { "type": "p", "text": "(9) White goods;" },
        { "type": "p", "text": "(10) Yard trash." },
        { "type": "p", "text": "(c) The following wastes may be accepted on a conditional basis only, state regulations require that these wastes receive special treatment before they are placed in a landfill:" },
        { "type": "p", "text": "(1) Asbestos;" },
        { "type": "p", "text": "(2) Barrels;" },
        { "type": "p", "text": "(3) Sludges." },
        { "type": "p", "text": "Conditionally acceptable wastes may be disposed of in accordance with department regulations and policies promulgated by the county manager. Generators of conditionally acceptable waste shall obtain prior approval from the landfill administrator at least three working days before transporting conditionally approved wastes to the landfill." },
        { "type": "p", "text": "(d) No person may loiter or rummage about the landfill or remove articles therefrom." },
        { "type": "p", "text": "(e) No person may deposit material at any point in the landfill except where indicated by authorized employees of the landfill or by official signs." },
        { "type": "p", "text": "(f) No person may discharge firearms, fireworks, or explosives on landfill property." },
        { "type": "p", "text": "(g) The maximum allowable speed of vehicles at the landfill is ten miles an hour." },
        { "type": "p", "text": "(h) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § IV; Ord. of 8-21-95; Ord. No. 1997-14, 11-17-97; Ord. No. 2021-32, § 11, 12-2021)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-38",
      "num": "58-38",
      "numEnd": null,
      "title": "Source separation and recycling",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) Each person who owns, leases, or manages a residence or residential unit shall remove recyclable materials from the solid waste generated as required in subsection (b) of this section and make them available for recycling as required in subsection (c) of this section. Nothing in this article is intended to prevent any person from donating or selling recyclable materials to any other person." },
        { "type": "p", "text": "(b) All recyclable material shall be separated from other solid waste and made available for recycling. Recyclable material shall not be mixed with or disposed of with other solid waste. Recyclable material shall consist of the following items and shall be prepared for recycling as directed:" },
        { "type": "p", "text": "(1) Glass. All brown, green, and clear glass shall be rinsed." },
        { "type": "p", "text": "(2) Cans. Aluminum cans shall be flattened." },
        { "type": "p", "text": "(3) Plastic milk jugs. All plastic milk jugs shall be rinsed and either securely bound together or placed in plastic bags. The caps shall be removed." },
        { "type": "p", "text": "(4) Other plastic bottles. Other plastic bottles shall be separated by resin type and rinsed." },
        { "type": "p", "text": "(5) Newsprint. All newsprint shall be bundled together and protected so that it does not become wet from rain or other forms of precipitation." },
        { "type": "p", "text": "(c) Where subscriber recycling services are provided, all recyclable material shall be placed in boxes or bins at curbside prior to 7:30 a.m. each day or days of week such material is collected, or shall be placed in recycling collection centers provided by the county." },
        { "type": "p", "text": "(d) Ownership of recyclable materials." },
        { "type": "p", "text": "(1) After recyclable material has been placed in a designated container at a collection center designated by the county or its authorized agent, or has been placed at curbside in designated containers for collection, the recyclable material shall become the property of the county or its authorized agent." },
        { "type": "p", "text": "(2) During the 12-hour period commencing at 7:30 p.m. on any day preceding a day designated for subscriber curbside collection of recyclable material, no person, other than a county employee or the county's authorized agent, may remove recyclable material from a designated container that has been placed at a designated recycling location." },
        { "type": "p", "text": "(e) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § V; Ord. No. 1997-14, 11-17-97; Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-39",
      "num": "58-39",
      "numEnd": null,
      "title": "Flow control",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) All solid waste generated within the designated geographic area of the county solid waste management plan that is placed in the waste stream for disposal or recycling shall be collected, transported, and disposed of at the county resource recovery facility or the county landfill or other appropriate facility designated by the board. The removal of solid waste from within the geographic area for disposal is prohibited. Where authorized by the division of solid waste, state department of environment, health and natural resources, the disposal of municipal solid waste generated in adjacent counties is permitted in county-owned municipal solid waste management facilities. This section shall not be construed to prohibit the source separation of materials from solid waste prior to collection of such solid waste for disposal." },
        { "type": "p", "text": "(b) No person, except licensed private collectors and county or municipal collectors, shall collect or remove any solid waste within the county for disposal." },
        { "type": "p", "text": "(c) The county manager shall establish a system of classification for classes of solid waste that shall be consistent with a system of classification in the solid waste management plan. The classification system shall be used as a basis for requiring that solid waste be delivered to an appropriate county disposal facility in accordance with the solid waste management plan." },
        { "type": "p", "text": "(d) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VI; Ord. of 8-21-95; Ord. No. 1997-14, 11-17-97; Ord. No. 2021-32, § 11, 12-2021)" }
      ]
    },
    { "type": "section", "id": "sec-58-40", "num": "58-40", "numEnd": "58-60", "title": "Reserved", "reserved": true, "content": [] },
    { "type": "article", "id": "ch58-art3", "label": "Article III", "title": "Solid Waste Collectors*" },
    { "type": "division", "id": "ch58-art3-div12", "label": "Division 1", "title": "Generally" },
    {
      "type": "section",
      "id": "sec-58-61",
      "num": "58-61",
      "numEnd": null,
      "title": "Report to county manager required",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) When requested by the county manager, a licensee shall submit a report to the county manager containing the following information:" },
        { "type": "p", "text": "(1) Number of customers added or deleted;" },
        { "type": "p", "text": "(2) Changes in routes;" },
        { "type": "p", "text": "(3) New and replacement equipment;" },
        { "type": "p", "text": "(4) Any other information requested by the county manager and pertinent to the solid waste collection business." },
        { "type": "p", "text": "(b) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(E); Ord. No. 1997-14, 11-17-97; Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-62",
      "num": "58-62",
      "numEnd": null,
      "title": "Vehicles and containers",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) Vehicles and containers used for the collection and transportation of solid waste shall be covered, leakproof, durable, and easily cleaned. They shall be cleaned as often as necessary to prevent a nuisance and insect breeding and shall be maintained in good repair. Vehicles shall display in numbers at least three inches high the county license number of the licensee and the license sticker issued by the county manager." },
        { "type": "p", "text": "(b) Vehicles and containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill, and shall be covered to prevent the blowing of material. If spillage or leakage should occur, the material shall be recovered immediately by the licensee and returned to the vehicle or container, and the area properly cleaned." },
        { "type": "p", "text": "*Cross reference—Traffic and vehicles, ch. 74. State law reference—Authority to regulate collectors of solid waste, G.S. 153A-136(a)." },
        { "type": "p", "text": "(c) A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(F); Ord. No. 1997-14, 11-17-97; Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    { "type": "section", "id": "sec-58-63", "num": "58-63", "numEnd": "58-80", "title": "Reserved", "reserved": true, "content": [] },
    { "type": "division", "id": "ch58-art3-div16", "label": "Division 2", "title": "License†" },
    {
      "type": "section",
      "id": "sec-58-81",
      "num": "58-81",
      "numEnd": null,
      "title": "Required",
      "reserved": false,
      "content": [
        { "type": "p", "text": "No person may engage in business as a solid waste collector except under a license issued by the county pursuant to this division. A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(A); Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-82",
      "num": "58-82",
      "numEnd": null,
      "title": "Application",
      "reserved": false,
      "content": [
        { "type": "p", "text": "Applications for licenses to engage in the business of solid waste collector shall be filed with the county manager on forms approved by the county manager. The applicant shall provide the required performance bond and shall furnish the following information:" },
        { "type": "p", "text": "(1) Name and address of the applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests;" },
        { "type": "p", "text": "(2) A list of the equipment possessed, available, or to be obtained by the applicant, including motor vehicle license tag numbers;" },
        { "type": "p", "text": "(3) Number of employees the applicant expects to use in the business;" },
        { "type": "p", "text": "(4) Experience of the applicant in solid waste collection;" },
        { "type": "p", "text": "(5) Balance sheet, consolidated annual financial statement, or equivalent financial statement as of the close of the applicant's last business year, showing the net worth of the business;" },
        { "type": "p", "text": "(6) Planned routes and areas of the county the applicant expects to serve;" },
        { "type": "p", "text": "†State law reference—Authority to require a license, G.S. 153A-136(a)." },
        { "type": "p", "text": "(7) Schedule of fees the applicant expects to charge;" },
        { "type": "p", "text": "(8) Evidence of liability insurance coverage;" },
        { "type": "p", "text": "(9) Name and location of the facility where collected waste is to be disposed of." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(B); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-83",
      "num": "58-83",
      "numEnd": null,
      "title": "Inspection of facilities and equipment",
      "reserved": false,
      "content": [
        { "type": "p", "text": "Before issuing a license pursuant to this section, the county manager shall inspect or cause to be inspected all facilities and equipment the applicant plans to use in the solid waste collection business." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(C); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-84",
      "num": "58-84",
      "numEnd": null,
      "title": "Issuance or denial",
      "reserved": false,
      "content": [
        { "type": "p", "text": "(a) The county manager may issue the applicant a license only when he finds that the applicant's facilities, equipment, and proposed operating methods are in compliance with this article and applicable rules of the department and that the applicant will perform solid waste collection in an efficient and sanitary manner. A condition of the license shall be that the licensee shall serve every person who contracts with him for solid waste collection in such a manner that the licensee does not cause the person to be in violation of this article." },
        { "type": "p", "text": "(b) If the county manager denies an applicant a license, the applicant may appeal the county manager's decision to the board of county commissioners by giving written notice of appeal to the county manager within two days of receipt of the county manager's decision. After a hearing on the appeal, the board shall either affirm the denial or direct the county manager to issue the license." },
        { "type": "p", "text": "(c) A license shall be valid for a period of one year from the date of issuance." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(D); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-85",
      "num": "58-85",
      "numEnd": null,
      "title": "Notice; revocation; appeal",
      "reserved": false,
      "content": [
        { "type": "p", "text": "When the county manager finds that a licensee has violated this article or the conditions of the license, the county manager shall give the licensee written notice of the violation and inform him that if another violation occurs within 30 days, or in the case of a continuing violation, if it is not corrected within ten days, the license will be revoked. If another violation occurs within the 30-day period, or, if the continuing violation is not corrected within ten days, the county manager shall give the licensee written notice that the license is revoked. Upon receipt of the notice of revocation, the licensee shall stop collecting, transporting, or disposing of solid waste. The county manager may reinstate a revoked license after the revocation has been in effect for 30 days if the director finds that the conditions causing the violation have been corrected. A licensee whose license has been revoked may appeal the revocation to the board of county commissioners by giving written notice of appeal to the county manager within ten days of receiving notice of revocation from the county manager. After a hearing on the appeal, the board shall either affirm the revocation or direct the county manager to reinstate the license." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(G); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-86",
      "num": "58-86",
      "numEnd": null,
      "title": "Assignability",
      "reserved": false,
      "content": [
        { "type": "p", "text": "No license issued pursuant to this division shall be assignable." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(H))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-87",
      "num": "58-87",
      "numEnd": null,
      "title": "Fee",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The license fee per vehicle operated or used within the county shall be payable by the first business day of each calendar year. The amount of such fee shall be set from time to time by the board of commissioners and is on the fee schedule which is available in the county offices." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VII(I))" }
      ]
    },
    { "type": "section", "id": "sec-58-88", "num": "58-88", "numEnd": "58-105", "title": "Reserved", "reserved": true, "content": [] },
    { "type": "division", "id": "ch58-art3-div25", "label": "Division 3", "title": "Franchise*" },
    {
      "type": "section",
      "id": "sec-58-106",
      "num": "58-106",
      "numEnd": null,
      "title": "Required",
      "reserved": false,
      "content": [
        { "type": "p", "text": "No person may engage in the business of solid waste collector unless he holds a franchise issued by the board of county commissioners authorizing him to collect, transport, and dispose of solid waste and describing the area for which the franchise is issued. A violation of this section is punishable as a misdemeanor." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(A); Ord. No. 2021-32, § 11, 12-20-21)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-107",
      "num": "58-107",
      "numEnd": null,
      "title": "Business license a precondition",
      "reserved": false,
      "content": [
        { "type": "p", "text": "No person may be issued a franchise by the board unless he holds a license to engage in the business of solid waste collection issued by the county manager." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(B); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-108",
      "num": "58-108",
      "numEnd": null,
      "title": "Application",
      "reserved": false,
      "content": [
        { "type": "p", "text": "Applications for franchises shall be filed with the board through the county manager, on forms prescribed by the county manager and shall include a copy of the applicant's license application to the county manager and any other information the board deems pertinent." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(C); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-109",
      "num": "58-109",
      "numEnd": null,
      "title": "Granting",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The board may grant a franchise only upon finding that the applicant will render prompt, efficient, and continuing service to the area for which the franchise is granted and that the applicant has sufficient equipment and personnel to render service to all persons generating solid waste within the service area." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(D))" },
        { "type": "p", "text": "*State law reference—Authority to grant franchises to collect or dispose solid waste, G.S. 153A-136(a)." }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-110",
      "num": "58-110",
      "numEnd": null,
      "title": "Area",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The board shall determine the area for which a franchise is granted." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(E))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-111",
      "num": "58-111",
      "numEnd": null,
      "title": "Setting and approval of fees",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The board shall set or approve all residential fees charged by solid waste collectors before granting a franchise. In addition, the board may set or approve commercial, institutional, or industrial fees provided that prior to such action, the board shall have given all then-existing franchisees at least 30 days notice thereof, and the board shall have held a public hearing thereon. The board may classify fees according to whether residential, commercial, institutional, or industrial customers are served, so that reasonable compensation may be provided in accordance with the public interest. Fee schedules may be amended by the board from time to time." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(F); Ord. No. 1997-14, 11-17-97)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-112",
      "num": "58-112",
      "numEnd": null,
      "title": "Term; renewal",
      "reserved": false,
      "content": [
        { "type": "p", "text": "A franchise shall be for a term determined by the board and may be renewable." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(G); Ord. No. 1997-21, 1-20-98)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-113",
      "num": "58-113",
      "numEnd": null,
      "title": "Fee schedule shown to prospective customer in advance; weekly removal",
      "reserved": false,
      "content": [
        { "type": "p", "text": "A solid waste collector franchised under this division shall present to each prospective customer, in advance of any agreement with that customer, a schedule of his fees, as authorized by this division, to be charged. All solid waste shall be removed from the customer's premises at least once a week, provided the customer is no more than 30 days in arrears in payment of the required collection fees." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(H))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-114",
      "num": "58-114",
      "numEnd": null,
      "title": "Temporary franchise",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The board may grant temporary franchises for the collection, transportation, or disposal of solid waste to provide service in the event of abandonment of an existing franchise or for other cause." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(I))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-115",
      "num": "58-115",
      "numEnd": null,
      "title": "Franchises",
      "reserved": false,
      "content": [
        { "type": "p", "text": "Notwithstanding any other provision of this division to the contrary, the board may grant nonexclusive or exclusive franchises for the collection and disposal of residential, commercial, industrial, institutional and construction and demolition wastes throughout the county." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(J); Ord. No. 1997-14, 11-17-97; Ord. No. 1997-21, 1-20-98)" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-116",
      "num": "58-116",
      "numEnd": null,
      "title": "Disputes",
      "reserved": false,
      "content": [
        { "type": "p", "text": "All disputes regarding the granting of a franchise and disagreements concerning franchised areas shall be determined by the board." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(K))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-117",
      "num": "58-117",
      "numEnd": null,
      "title": "Assignability",
      "reserved": false,
      "content": [
        { "type": "p", "text": "No franchise shall be assignable." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(L))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-118",
      "num": "58-118",
      "numEnd": null,
      "title": "Abandonment",
      "reserved": false,
      "content": [
        { "type": "p", "text": "A solid waste collector granted a franchise under this division shall give 30 days' written notice to the board before abandoning the franchise." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(M))" }
      ]
    },
    {
      "type": "section",
      "id": "sec-58-119",
      "num": "58-119",
      "numEnd": null,
      "title": "Termination or suspension",
      "reserved": false,
      "content": [
        { "type": "p", "text": "The board may terminate or suspend all or any portion of a franchise for any of the following reasons:" },
        { "type": "p", "text": "(1) Loss of the franchisee's license to operate as a solid waste collector;" },
        { "type": "p", "text": "(2) Failure of the franchisee to comply with the authorized fee schedules;" },
        { "type": "p", "text": "(3) Failure of the franchisee to render prompt and effective service to persons within his service area;" },
        { "type": "p", "text": "(4) Failure of the franchisee to comply with any provision of this division or applicable rules of the department." },
        { "type": "history", "text": "(Ord. of 6-15-92, § VIII(N))" }
      ]
    }
  ]
}