Agenda #4e

memorandum

to:                  Mayor and Town Council

from:            W. Calvin Horton, Town Manager

subject:      Regulated Materials Recycling Ordinance

date:            September 26, 2005

PURPOSE

Adoption of the attached resolution would authorize Orange County to enforce its Regulated Materials Ordinance (RMO) within the limits of the Town of Chapel Hill.

BACKGROUND

In December 2001, the Orange County Board of Commissioners adopted an ordinance that requires the recycling of certain materials found in the local waste stream. This ordinance became effective in October 2002. The RMO originally was included as a recommendation by the Construction & Demolition Waste Recycling Task Force in its August 2000 final report.

Orange County’s ordinance was adopted by the Town of Hillsborough in July 2002, and by the Town of Carrboro in September 2002. As of this time, it has not been adopted by the Town of Chapel Hill.

DISCUSSION

The RMO regulates both recyclable construction and demolition materials and other materials with the goal of keeping them from being placed in the landfill and requiring that they be separated for recycling instead. In summary, key provisions of the ordinance are as follows:

  1. Creates a list of “Regulated Recyclable Materials” that must be kept separate and recycled, including unpainted, untreated wood waste; scrap metal; pallets; and clean corrugated cardboard
  2. Requires that Recyclable Material Permits, estimating the types of waste anticipated from a project and explaining how the waste is to be disposed, be obtained prior to issuance of development permits (Building and Zoning Compliance)
  3. Licenses haulers operating in Orange County subject to annual review
  4. Can delay large demolition projects up to sixty days in order to conduct assessments of the recyclability of the materials in the structure

Enforcement is focused exclusively on commercial (non-residential) sector services at this time and for the foreseeable future.

In its “Annual Report from the Solid Waste Advisory Board,” dated September 12, 2005, to the Chapel Hill Town Council, one of two short term issues and concerns noted that the need remains for adoption of the Orange County RMO by the Town of Chapel Hill.

From an operational point of view, the Solid Waste Services Division has been complying with the provisions of the RMO since its effective date in 2002, specifically with respect to separating banned materials from our municipal solid waste stream.

RECOMMENDATION

We recommend that the Council approve the attached resolution making Orange County’s Regulated Materials Ordinance effective within the limits of the Town of Chapel Hill.

ATTACHMENTS

 

1.      Orange County Regulated Materials Ordinance (p. 4).

 

A RESOLUTION MAKING ORANGE COUNTY’S REGULATED MATERIALS ORDINANCE EFFECTIVE WITHIN THE LIMITS OF THE TOWN OF CHAPEL HILL (2005-09-26/R-5)

WHEREAS, Orange County passed the Regulated Recyclable Materials Ordinance (RMO) on December 11, 2001; and

WHEREAS, North Carolina General Statute 153A-122 permits the Town, by resolution, to apply any county ordinance within the Town; and

WHEREAS, adoption of this resolution would make the Orange County Regulated Materials Ordinance effective within the limits of Chapel Hill in Orange County;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Orange County Regulated Materials Ordinance hereby be made effective within the limits of the Town of Chapel Hill in Orange County.

This the 26th day of September, 2005.