§ 34-76. Permits for the management of recyclable materials.

(a)

Any person applying for a building permit and/or a zoning compliance permit from any unit of local government in Orange County authorized to issue such permits, shall, prior to applying for such permits and before construction, demolition, land clearing or other preparatory activity commences, make application to the Department for a regulated Recyclable Material Management permit (RM permit) for the management of regulated recyclable material.

(b)

The RM permit application shall provide estimates of the amount and types of solid waste to be generated by the project, the amount and types of regulated recyclable material to be generated by the project, whether the project requires demolition or deconstruction and the methods to be employed for disposal of the solid waste and regulated recyclable material generated by the project.

(c)

Applications for a RM permit shall be filed with the Department on forms furnished by Orange County. All applications must be accompanied by a processing fee. The amount of the fee will be set by the Board annually with the adoption by the Board of the annual budget ordinance of Orange County.

(d)

The Department will review and, within ten days, make a decision on the RM permit. The applicant will then be notified of the Department's decision within two working days after the decision is made.

(1)

If the RM permit application meets the requirements of this Ordinance, a RM permit will be issued to the applicant. The RM permit applies only to the project for which the application was made. The permit shall prescribe the permissible methods of disposal of regulated recyclable material. If the project requires demolition or deconstruction not resulting from condemnation under the North Carolina Building Code, the permit may direct a delay in demolition or deconstruction, not exceeding 60 days from the issuance of the RM permit, in order for the Department to perform an assessment of whether and to what extent the structure to be demolished or deconstructed consists of regulated recyclable materials that can be reasonably recycled.

(2)

If the RM permit application does not meet the requirements of this Ordinance, the notification of denial shall state the reasons that the application was denied. If the Department denies a RM permit, the applicant may request a hearing with the Department Director. The Department Director shall keep minutes of the hearing, including all documents that are part of the application and all documents submitted at the hearing. Within one week after the hearing the Department Director shall give the applicant written notice of the decision either granting the permit or affirming the denial of the permit. The applicant may appeal the Department Director's decision to the Orange County Manager by giving written notice of appeal to the County Manager within five working days of receipt of the Department Director's decision. The Manager shall reverse, affirm or remand the decision of the Department Director to the Department Director based on the minutes of the hearing, including all documents that are part of the minutes. If the decision of the Orange County Manager is to reverse the decision of the Department Director, the permit is deemed issued. If the Orange County Manager remands to the Department Director, the remand decision shall direct the matters to be reconsidered by the Department Director on remand.

(3)

A permit shall be valid from the date it is issued and shall expire upon the expiration of the building permit and/or zoning compliance permit issued for the project for which application was made.

(e)

All new or expanded structures shall provide adequate space for separation and collection of recyclable materials pursuant to the policies and procedures of Orange County Solid Waste Management. A site plan shall be provided for review by Orange County Solid Waste prior to RM Permit issuance.

(f)

Any reference in codes or ordinances of the Town of Chapel Hill, Carrboro or Hillsborough pertaining to the Orange County Regulated Materials Ordinance (RRMO) shall refer to relevant sections of this Ordinance.

(Ord. of 12-11-2001, § VI, eff. 10-1-2002; Amend. of 6-4-2002, eff. 10-1-2002; Amend. of 4-18-2006, eff. 4-18-2006)