CHAPTER 11 -
SOLID WASTES, SCRAP MATERIALS, ABANDONED VEHICLES, WEEDS
Article I - Definitions
Section 11-1 Definitions......................................................................................................
Article II - Control of Solid
Wastes, Scrap Materials, Noxious Growth
Section 11-2 Accumulation of Solid Wastes and Debris
Prohibited.....................................
Section 11-3 Dumping or Littering on Public or Private
Property.......................................
Section 11-4 Transportation of Solid Waste Within Town....................................................
Section 11-5 Burning or Burying Solid Wastes....................................................................
Section 11-6 Accumulation of Scrap Materials....................................................................
Section 11-7 Noxious Growth..............................................................................................
Article III - Storage and
Collection of Solid Wastes
Section 11-10 Administration and Regulations....................................................................
Section 11-11 General Prohibitions....................................................................................
Section 11-12 Property Owners To Provide Adequate Solid
Waste Receptacles..................
Section 11-13 Storage and Collection Practices: Premises Served by Dumpsters...............
Section 11-14 Storage and Collection Practices: Premises Not Served by Dumpsters........
Section 11-15 Special Collections.......................................................................................
Section 11-16 Wet Garbage.................................................................................................
Section 11-17 Construction and Demolition Waste..............................................................
Section 11-18 Contents of Solid Waste Containers;
Restrictions.........................................
Section 11-19 Maintenance of Public Access......................................................................
Section 11-20 Access to Private Property............................................................................
Section 11-21 Ownership and Control of Solid Waste.........................................................
Section 11-22 Purpose and Intent of Recycling Program....................................................
Section 11-23 Recycling of Solid Wastes.............................................................................
Section 11-24 Manner of Collection....................................................................................
Section 11-25 Penalties for Failure to Recycle....................................................................
Section 11-26 Rates.............................................................................................................
Article IV - Abandoned and
Junked Motor Vehicles
Section 11-26.01 General Provisions..................................................................................
Section 11-27 Notice Required
Before Vehicle Removed......................................................
Section 11-28 Notice Required
When Vehicle Removed........................................................
Section 11-29 Use of Private
Towing Operators..................................................................
Article V - Enforcement
Part I. Ordinary Penalties and Remedies
Section 11-36 Penalties and Remedies.................................................................................
Section 11-37 Violations Resulting from Continuing
Conditions.........................................
Part II. Extraordinary Remedies
Section 11-38 Summary Abatement of Conditions Dangerous to
the Public Health.............
Section 11-39 Notice Required............................................................................................
Section 11-40 Hearing Procedures.....................................................................................
Section 11-41 Order.............................................................................................................
(A) Unless otherwise
specifically provided, or unless clearly required by the context, the words and
phrases as used in this chapter are defined as follows:
(1) Abandoned
motor vehicle. A vehicle that: (i)
is left upon a street or highway in violation of a statute or town ordinance
prohibiting parking; (ii) is left on property owned or operated by the town for
longer than twenty-four (24) hours; (iii) is left on private property without
the consent of the owner, occupant, or lessee thereof for longer than two (2)
hours; (iv) is left on any public street or highway for longer than seven (7)
days; (v) is left on any privately owned public vehicular area contrary to an
ordinance adopted under authority of G.S. 160A-301d; (vi) is left on private
property in a properly designated fire lane; (vii) is left on public or private
property in a space properly designated as reserved for handicapped or visually
impaired persons or in a manner that obstructs a curb cut or curb ramp for
handicapped persons; or (viii) may for any other reason lawfully be towed by a
law enforcement officer (except that vehicles seized for evidence pursuant to a
levy under execution or otherwise seized or forfeited under any state statute
shall not be considered abandoned vehicles under this chapter).
(2) Bulk
container or dumpster. A waterproof metal container of not less
than two (2) cubic yards, nor more than eight (8)
cubic yards, designed for solid waste storage and to be lifted and emptied by
mechanical means into a solid waste transportation vehicle. [Amended
September 10, 1996]
(3) Bulky
wastes. Household furniture,
mattresses, bedding, and bundled carpet.
[Amended September 10, 1996]
(4) Clearing,
construction, and demolition waste. Discarded or unused construction
materials resulting from the construction, demolition, reconstruction,
remodeling, and repair of houses, commercial buildings, and other structures. Such waste shall include, but not be limited
to, excavated earth, stones, brick, plaster, lumber, concrete, shingles,
insulation, stumps, trees, brush, fixtures, and waste parts generated by
installation and replacement of structures and facilities, or from land
clearing activities. [Amended September 10, 1996]
(5) Curbside. A ten-foot area parallel and immediately adjacent to the paved or
traveled roadway of a public street or private street passable by the solid
waste collector. [Amended September 10, 1996]
(6) Division
of Health Services. The Division of Health
Services of the North Carolina Department of Environment, Health, and Natural
Resources. [Amended September 10, 1996]
(7) Garbage. All
solid wastes capable of being rapidly decomposed by microorganisms including,
but not limited to, animal and vegetable wastes resulting from the handling,
preparation, cooking, and consumption of food, as well as animal offal and
carcasses, but excluding sewage and human wastes.
(8) Hazardous
waste. Waste or combination of wastes, in any
form, which, because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may cause or significantly contribute to an
increase in mortality or an increase in serious irreversible or incapacitating
reversible illness, or which poses a substantial present or potential hazard to
human health or the environment when improperly treated, stored, transported,
or disposed of, or otherwise managed. [Amended September 10, 1996]
(9) Junked
motor vehicle. A vehicle that does not display a current
license plate and that: (i) is partially dismantled
or wrecked; or (ii) cannot be self-propelled or moved in the manner in which it
originally was intended to move; or (iii) is more than five years old and
appears to be worth less than one hundred dollars ($100.00). [Amended
September 10, 1996]
(10) Medical
waste. Waste generated in conjunction with the
testing, treatment, or care of medical patients who have or may have communicable
diseases, such as bedding or clothes, used instruments or utensils,
pathological specimens, or other similar material. [Amended
September 10, 1996]
(11) Motor
vehicle. Any machine designed or
intended to travel over land or water by self-propulsion or while attached to a
self-propelled vehicle.
(12) Occupant. Any
person who, alone or jointly with others, is in actual possession of any
dwelling unit or of any other improved real property, either as owner or as a
tenant. [Amended September 10, 1996]
(13) Radioactive
waste. Any waste that emits
ionizing radiation spontaneously. [Amended
September 10, 1996]
(14) Recyclable
waste. Non-putrescible
waste, segregated into its respective waste categories, that can be readily
reprocessed into a form that can be re-used by a manufacturer, as opposed to the its manufacture from raw materials. Such waste categories may include cardboard,
glass, newspaper and other paper products, plastic, and aluminum cans. [Amended
September 10, 1996]
(15) Refuse. All solid wastes except (i) garbage and
(ii) solids that are dissolved or suspended in domestic, commercial, or
industrial waste effluent.
(16) Sanitary. Conditions or methods promoting or insuring cleanliness, health,
hygiene, and prevention of disease.
[Amended September 10, 1996]
(17) Scrap
materials. Scrap materials are:
(a)
Pieces or fragments of metal, wood, glass, masonry, plastic, textiles,
rope, leather, rubber, paper, or any other substance, that formerly were part
of the construction of some useful object or thing or that consist of the
excess resulting from the creation of some useful object or thing; or
(b)
Objects or things including, but not limited to, machines, tools,
equipment, hardware, furniture, appliances, etc., or parts of the same that are
no longer in serviceable condition or are valuable only as raw material for
reprocessing; or
(c)
Motor vehicles or remnants thereof that: (i)
do not display current license plates, and (ii) cannot without substantial
repairs be made to operate in the manner originally intended, but that do not
constitute solid wastes as herein defined because they are or may be useful to,
or wanted by, or have not be discarded by the person in control of the premises
where they have been located.
(18) Solid
waste. Unwanted or discarded waste materials in
a solid or semi-solid state including, but not limited to, garbage, ashes,
refuse, rubbish, animal waste, plant material waste, and trash. [Amended
September 10, 1996]
(19) Solid
waste collector. An employee of the Town
who collects and/or transports solid waste or recyclable materials. [Amended
September 10, 1996]
(20) Solid
waste container. A receptacle, including
a bulk container, used by any person to store solid waste for collection by the
town. Said container shall be of
a type approved by the town. Containers
shall be leakproof, waterproof, and shall be properly
covered at all times, except when depositing waste therein or removing the
contents thereof. [Amended September 10, 1996]
(21) Storage. Keeping
or maintaining solid waste from the time of its production until the time of
its collection. [Amended September 10, 1996]
(22) Transportation. The transporting of solid waste from the place of collection to a
solid waste processing facility or solid waste disposal area. [Amended
September 10, 1996]
(23) Trash. Non-putrescible solid waste including, but not limited to,
paper, rags, wood, rubber, leather, glass, and crockery. [Amended
September 10, 1996]
(24) Wastes. All useless, unwanted, or discarded materials resulting from
domestic, industrial, commercial, or community activities.
(25) White
goods. Inoperative or
discarded refrigerators, ranges, water heaters, freezers, and other similar
domestic appliances. [Amended September 10, 1996]
(26) Yard
waste. Grass clippings, leaves, tree trimmings,
shrubbery trimmings, and other yard maintenance waste. [Amended
September 10, 1996]
(A) No property owner or
occupant shall allow the accumulation of garbage, refuse, solid waste,
construction waste, yard waste, scrap materials, or bulky waste upon property
owned or occupied by him so that such accumulation is dangerous or prejudicial
to the public health. Furthermore, it
shall be unlawful for any person to permit garbage, refuse, solid waste,
construction waste, yard waste, or bulky waste to accumulate or remain on any
premises longer than is reasonably necessary to remove and deposit the same in
approved solid waste containers in accordance with the provisions of Article
III of this Chapter (Storage and Collection of Solid Wastes).
(B) Natural solid waste
materials resulting from lawn or garden work, such as brush or tree trimmings,
leaves, grass, stumps, dirt, and stones may be allowed to accumulate or remain
on premises under a person’s control unless these materials become or threaten
to become a fire hazard or a harboring place for rats, mice, snakes, or other
vermin, or otherwise pose a danger to the public health or safety.
(C) The Board hereby declares
that the uncontrolled accumulation of garbage, refuse, solid waste,
construction waste, yard waste, scrap materials, or bulky waste on any premises
constitutes a danger to the health, safety, and welfare of the citizens of the
Town in that such accumulation can furnish shelter and breeding places for vermin,
present physical dangers to the safety and well-being of children and other
citizens, pose a danger of fire, depreciate property values, and/or cause a
loss of business by detracting from the appearance and character of residential
and commercial neighborhoods.
(D) Where such an accumulation
exists for any reason, the Town may summarily remove, abate, or remedy such
accumulation and the expense of the action shall be paid by the person in
default, and if not paid, shall be a lien upon the land or premises where the
trouble arose and shall be collected as unpaid taxes.
[Amended September 10, 1996]
(A) No person may place, discard,
throw, drop, deposit, or cause to be placed, discarded, thrown, dropped, or
deposited any solid wastes on:
(1)
Any public street or sidewalk within the Town, or on any property owned
or operated by the Town, or on any other public property, except in
properly-designated receptacles; or,
(2)
Any property not owned by him, without the consent of the owner,
occupant, or lessee thereof. [Note:
G.S. 14-399 makes the acts prohibited in this section a misdemeanor,
punishable by a fine of not more than $200.00.
Therefore, this section may be enforced by the town only through civil
penalties or injunctive relief.]
(A) No person may transport or
cause to be transported any solid wastes on the public streets of the Town
unless the solid wastes are so secured that no solid wastes escape from the
transporting vehicle. In addition, any
garbage so transported shall be carried in closed containers that prevent the
escape of noxious odors or liquids.
(B) All solid waste
transportation vehicles will be maintained in a safe, clean, and sanitary
condition and shall be so constructed, maintained, and operated to prevent
spillage of solid waste therefrom. Each vehicle to be used for the
transportation of solid waste shall be constructed with a watertight body and:
(1) with a cover that is an integral part of the vehicle; or
(2)
with a separate cover of a suitable material that has fasteners designed
to secure all sides of the cover to the vehicle and that is secured whenever
the vehicle is transporting solid waste; or
(3) the entire body is enclosed, with only the loading hopper
exposed.
(C) No solid waste shall be
transported in loading hoppers unless securely covered.
[Amended September 10, 1996]
(A) Solid waste may be disposed
of only in one of the following ways:
(1) In
a sanitary landfill approved by the Division of Health Services;
(2) In
an incinerator that has received all necessary local, state, and federal
permits;
(3) In
a solid waste container as provided in Article III of this Chapter (Storage and
Collection of Solid Wastes);
(4) By
any other method approved by the Division of Health Services.
[Amended September 10, 1996]
(B) No person may burn or cause
to be burned any garbage for purposes of disposal. No person may burn or cause to be burned any
refuse except as specifically authorized by Section 12-12 of this Code (Open
Burning).
(C) No person may bury or cause
to be buried any solid waste for purposes of disposal.
(A) No person may cause, suffer,
or permit scrap materials to accumulate or remain on premises owned, occupied,
or leased by him unless the scrap materials:
(1) Do
not constitute a danger to the health, safety, and welfare of the citizens of
the Town in violation of the provisions of Section 11-2 above; and,
(2)
Are surrounded by a fence of sufficient height, strength, and
construction to deny persons, especially small children, access to them and to
shield neighboring properties from view of them; or
(3)
Are so stored within a completely-enclosed structure (with permanent
walls and roof) or within a completely-enclosed container outside a structure
as to minimize substantially the dangers set forth in Section 11-2.
[Amended September 10, 1996]
No person may cause, suffer, or permit on premises under his control any
growth or weeds, grasses, or other plants or bushes that becomes or threatens
to become a fire hazard; or a harboring place for rats, mice, snakes, or other
vermin; or otherwise poses a danger to the public health or safety.
Sections 11-8 through 11-9 Reserved.
(A) Administration and
enforcement of this article shall be the duty of the Town Manager or his
designee.
(B) The Public Works Director,
subject to the review and approval of the Town Manager, may make, amend,
revoke, and enforce reasonable and necessary regulations, not inconsistent with
Town ordinances, governing the storage, collection, transportation, and
disposal of solid waste and recyclable materials, including, but not limited
to:
(1)
Preparation, draining, and wrapping of garbage deposited in solid waste
containers;
(2)
Specifications for solid waste containers, including the type,
composition, size and shape thereof;
(3)
Weight limitations on the combined weight of solid waste containers and
the contents thereof, and weight and size limitations on bundles of solid waste
too large for solid waste containers;
(4)
Storage of solid waste in solid waste containers;
(5)
Sanitation, maintenance, and replacement of solid waste containers;
(6)
Schedules of and routes for collection and transportation of solid
waste;
(7)
Collection points of solid waste containers;
(8) Collection,
transportation, processing, and disposal of solid waste;
(9)
Handling of special wastes, such as sludge, ashes, agricultural,
construction and demolition wastes, bulky wastes, tires, automobiles, dead
animals, oils, greases, and other materials;
(10)
Assessment of fees for the collection of extraordinary volumes of trash
or any solid waste that requires the use of extra manpower or equipment; and,
(11)
Collection, separation, transportation, and processing of recyclable
materials.
(C) Whenever this article
authorizes the Public Works Director to make a discretionary determination, all
persons affected by that determination shall comply within fifteen (15)
calendar days after receiving written notice of the determination and the
reasons for it. Thereafter, a failure on
the part of the person receiving such notice to comply with the determination
shall constitute a violation of this chapter.
[Amended September 10, 1996]
(A) It shall be unlawful for any
person to:
(1)
Deposit solid wastes in any solid waste container that is not assigned
to that person without the consent of the possessor of such container;
(2)
Leave outside any building in a place accessible to children an
appliance such as a refrigerator, freezer, or other container designed to be
airtight, without first removing the door from the appliance; provided,
however, that this prohibition shall not apply to appliances that are crated,
strapped, or locked in such manner that a child cannot obtain access to the
airtight compartment thereof;
(3)
Interfere in any manner with solid waste collectors or solid waste
collection and transportation equipment;
(4) Dispose of solid waste in any manner that is not authorized
by the health director, division of health services, or the Town;
(5)
Permit any dirt, rocks, sand, brick, broken concrete, lumber, tree
trunks, limbs or trimmings, cinders, plaster, gravel, ashes, or solid waste to
fall, be scattered, or blown upon any street from any vehicle transporting such
materials, or to fail to remove such material immediately from the street if
such material falls upon the street;
(6)
Place any solid waste or solid waste container in, upon, or over any
storm drain opening;
(7) Place,
discard, dispose, or leave any garbage or solid waste upon a street or highway
within the Town, or upon any property owned or operated by the Town, unless
such garbage or solid waste is placed in a designated location or in a
designated solid waste container; or
(8)
Place, discard, dispose of, or leave any garbage, refuse, solid waste,
construction waste, or bulky waste upon private property within the Town except
under the following circumstances: (i) solid waste
stored in approved containers and/or placed for immediate pickup and disposal
off-premises, not to exceed a period of seven (7) days; (ii) recyclable solid
waste stored in approved recycling containers as specified in this chapter; and
(iii) solid waste generated by salvage operations that are clearly accessory to
the ongoing principle use on the premises provided that such solid waste or
salvage material be concealed from view from adjacent parcels or rights-of-way.
[Amended September 10, 1996]
(A) The owner or occupant of
every premise shall be responsible for providing adequate solid waste
receptacles to store the solid waste generated by the activities taking place
on those premises between scheduled pickups.
(B) Subject to the provisions of
this section, and after consultation with the owner or occupant of the
premises, the Public Works Director shall determine the size, number, and type
of solid waste receptacles that must be provided for each premise. In making this determination, the Public
Works Director shall consider the type of activities on the premises, the
amount of solid waste likely to be generated by those activities, the frequency
of solid waste collection, the welfare of the occupants and neighbors of those
premises, and the Town’s need to facilitate collection and minimize the cost of
this service.
(C) Unless otherwise determined
by the Public Works Director after applying the criteria set forth in paragraph
(B) above, when five or more dwelling units are located on a single lot, the
owner of the premises shall provide one or more dumpsters so that the following
criteria related to capacity are satisfied:
(1)
Two cubic yards of storage capacity shall be provided for every eight
dwelling units or fraction thereof;
(2) If
more than one dumpster is required, the owner shall provide the smallest number
of dumpsters capable of satisfying the requirements stated in subdivision (1)
of this section.
Any dumpsters to be provided, as required by this section, shall be of
a type approved by the Public Works Director and compatible with Town
collection equipment.
(D) Unless otherwise determined by the Public Works Director after
applying the criteria set forth in paragraph (B) above, the owner or occupant
of every other premises not served by a dumpster shall provide at least one
30-32 gallon container made of galvanized metal, plastic, rubber, or other
material resistant to rust, corrosion, or rapid deterioration.
Unless otherwise approved by the Public Works Director, when any
nonresidential premises requires more than four such containers to meet the
solid waste needs of that premises, as stipulated by Section 11-19(A), one or
more dumpsters of an appropriate size shall be required.
(E) The owner or occupant of
each premise shall maintain the solid waste container in good repair and shall
keep the area in which the container is stored in a clean, neat, and sanitary
condition. All solid waste shall be stored
in the containers between collection days.
The containers shall be waterproof, leak proof, and shall be covered at
all times except when depositing waste therein or removing the contents
thereof. All solid waste containers
shall be cleaned periodically by the owner or occupant to minimize odors.
[Amended September 10, 1996]
(A) With respect to premises
served by dumpsters:
(1)
The location of the dumpster(s) shall be determined by the Public Works Director
after consultation with the owner of the premises. In making the determination, the Public Works
Director shall consider the needs of the occupants of the premises, the welfare
of the occupants and neighbors, and the Town’s need to facilitate collection
and to minimize the cost of service.
(2)
The Public Works Director shall require that screening be provided
around dumpsters if he determines that such screening is necessary to prevent
solid wastes from being blown onto neighboring properties, or if the location
of the dumpsters is such that, in the absence of screening, the dumpsters would
present an offensive appearance or cause offensive odors to be transmitted to
neighboring properties or passersby. The
screening shall be a “Type A, Opaque Screen”, as described in Section 16-307 of
the Land Use Ordinance.
(3)
All solid wastes shall be stored in the dumpsters between collection
days. Solid wastes not placed in a
dumpster will not be collected by the Town, except in accordance with Section 11-15
(Special Collections).
[Amended September 10, 1996]
(A) With respect to premises not
served by dumpsters:
(1) No
person shall store solid waste outside of their premises except in those
containers specifically authorized by the Town in Section 11-12(D) above.
(2)
Containers other than those described in Section 11-12(D) will be
treated as solid waste and collected by the Town.
(3)
The solid waste containers shall be placed within ten (10) feet of the
paved portion of the street or road serving the property by 7:00 a.m. on the
days of collection. Town employees will
not retrieve or empty any solid waste container that is not street-side with
the exception of any customer, specifically approved by the Public Works
Director, who cannot take the container to the street because of age, illness,
or physical impairment. Any person
requesting to be exempt from the requirement of taking the solid waste
container to the street shall make application to the Public Works Director,
who shall rule on the requested exemption.
(4)
Town employees will not pick-up, empty, or collect solid waste from any
container that is located in the ground (in-ground container).
(5)
Solid waste, which will not fit into a container, may be placed at
curbside and adjacent to the solid waste container. However, the excess solid waste must be
securely bagged, boxed, or bundled to prevent spillage and to aid in
collection; provided, however, that such bags, boxes, or bundles shall not be
heavier than fifty (50) pounds. Bundles
shall not be more than four (4) feet in length and eighteen (18) inches in
diameter.
(6)
Any solid waste that is dangerous to handle by the solid waste collectors,
such as glass, fluorescent tubes, vacuum tubes, light bulbs, sharp pieces of
metal, knives, or needles, shall be securely wrapped and marked with a visible
warning.
[Amended September 10, 1996]
(A) At least once each year, on
a date determined and publicized in advance by the Town, the Town shall pick up
solid wastes that are too bulky, heavy, or cumbersome to be collected by the
Town as part of its regular collection service, including such items as furniture,
white goods, tree trimmings, hedge cuttings, etc. Exceptions:
Residents that contract with licensed arborists or a tree removal
contractor/service shall be solely responsible for hauling and disposing tree
trimmings and brush. The Town will not haul
debris from these activities. [Amended
October 10, 2006]
(B) Leaves may be collected by
the Town between November 1 and April 1 on days specified for such collection
if placed adjacent to the street so that they may easily handled by the
collector. No tree limbs, shrubs, or
other materials may be mixed with the leaves.
(C) Christmas trees may be
placed at curbside between December 26 and January 10 of each year.
[Amended September 10, 1996]
(D) In addition to the waste collections listed
above, other pick-ups on request are available. These pick-ups on request may
result in a special collection fee as established from time to time. Any resident who has
large, bulky waste items such as furniture, white goods, tree trimmings, hedge
cuttings, etc., should contact Town Hall to schedule a pick-up by the Public
Works Department. At such time a request
is made, the Public Works Department will provide the resident an estimate of
the amount that will be charged for the pick-up. The Public Works Department will make every
effort to pick-up the bulky waste within 72 hours. The pick-up on request special collection fee
shall be added to the customer’s bi-monthly town services bill or billed
through an invoice. [Amended October 10,
2006]
All wet garbage shall have the liquid drained off and shall be wrapped
in paper or other combustible material before it is placed in the solid waste
container, thus preventing smell and the breeding of flies in summer, and
freezing and adhesion to the container in winter.
[Amended September 10, 1996]
Construction and demolition wastes shall be collected, removed, and
disposed of by the contractor or builder, or in event of their failure, by the
owner or occupant of the property. Said
wastes shall be removed from the property in no less than seven-day intervals
unless the wastes are stored in a bulk container on the site. A bulk container shall be installed on site
if the Public Works Director determines that it is necessary due to the volume
of waste being generated on the site.
Bulk containers containing construction and demolition waste shall be
emptied as necessary. [Amended September 10, 1996]
(A) The following items are
prohibited to be placed in Town-authorized solid waste containers that are part
of the regular solid waste collection system of the Town:
(1)
Motor vehicle tires;
(2) Construction
and demolition wastes;
(3)
Yard waste;
(4)
White goods;
(5)
Hazardous, radioactive, or medical wastes;
(6)
Burning or smoldering materials or any other materials that would create
a fire hazard; or
(7)
Rocks, dirt, sod, paint, or motor oil.
[Amended September 10, 1996]
(A) An occupant or owner of a
commercial establishment or premises that maintains any paved or unpaved areas
for the use of the public, either for parking or for access to the commercial
establishment, shall keep and maintain such areas clean and free from garbage
or solid waste.
(B) Suitable receptacles for the
deposit of garbage or solid waste shall be provided in all parking or access
areas within the meaning of this section.
Such receptacles shall be plainly marked and shall be constructed to
prevent the scattering of any garbage, solid waste, or other materials
deposited therein.
[Amended September 10, 1996]
Solid waste transportation vehicles operated by the Town are hereby
authorized to utilize public streets, private streets, and private roads, as
necessary, to accomplish the curbside collection of solid waste as provided by
this Chapter. In addition, the solid
waste vehicles are authorized to go onto private property, as necessary, to
service the dumpsters that are part of the Town’s solid waste collection
system. Likewise, solid waste collectors
are hereby authorized to enter upon private property for the purpose of
collecting solid waste therefrom as required by this
Chapter. [Amended September 10, 1996]
(A) No person may damage,
displace, or otherwise interfere with solid waste receptacles, or solid wastes
stored or prepared for collection except with the consent of the owner, lessee,
or occupant of the premises where those receptacles or solid wastes are
located.
(B) Upon collection of solid
waste by the Town or an authorized solid waste collector, the owner shall
relinquish all claims of ownership and control, provided that nothing in this
section shall be construed as to relieve the owner of liability resulting from
the placement, possession, use, and disposal of toxic, hazardous, or other dangerous
wastes.
[Amended September 10, 1996]
In compliance with SB III 1989 Session of the North Carolina General
Assembly, and in recognition of the Town of Blowing Rock’s commitment to set a
standard of environmental consciousness which all Town residents may follow,
the Town of Blowing Rock does hereby set for itself a goal of 25% reduction in
the solid waste stream being landfilled by initiating
a recycling program. The program shall
consist of commercial and residential collections implemented in such a manner
as to promote the most cost effective method of compliance with local goals and
state mandates.
(A) Every
commercial/non-residential establishment required to purchase
a privilege tax license from the Town of
(B) Residential solid waste
should be separated and carried to the nearest convenience center until such
time as the Town determines that curbside collection is cost-effective.
(A) The Town shall operate a
materials recovery facility where all recycled materials may be separated and
packaged for sale to a recycling marketer.
(B) Recycled materials shall be
collected at scheduled intervals from all commercial customers in containers
provided by the customer. Commercial
customers shall separate all recyclable items that are listed on the “Schedule
of Recycled Items” into the containers.
(C) Residential customers are
encouraged to voluntarily participate in recycling. At such time as the Board of Commissioners
determines it is necessary, this section may be amended to require mandatory
residential recycling.
If it is determined by the Director of Public Works that a commercial
establishment is not participating satisfactorily in the mandatory recycling program,
he may direct the sanitation crew to suspend solid waste pick-up until they
resume participation.
(A) The Board may adopt and amend from time to time a schedule of rates and charges related to the collection and/or disposal of solid waste. A copy of this schedule shall be maintained by the Town Clerk and shall be available for public inspection during the regular business hours of the Town offices.