Rules and Regulations 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: 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. 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 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 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: 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 Mixed Waste Residual = R (SS x 0.05) MW 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 move-in. 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 non-compliance 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 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.