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2013-01-22 RM Exhibits Exhib' Book �� Page °.. s R 4 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED a SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description:Glennburn Court located within the Addenbury Subdivision in New Hanover County(Division File No. 1188-N). a WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and { WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. i NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above s described road(s), and to take over the road(s)for maintenance if they meet established f standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 22"d day of January, 2013. WITNESS my hand and official seal this the 22"d day of January, 2013. 0 Y•~ 0 o Sheila L. Schult, Clerk to the Board 3�y New Hanover County Board of Commissioners 9 7 Form SR-2 Please Note: Forward directly to the District Engineer,Division of Highways. Y t S y4 G f ff4 t s o NEW HANOVER COUNTY WoodyWhite L vN}Y.� Q O� BOARD OF COMMISSIONERS Beth Dawson Vice-Chair 0 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jonathan Bartleld,Jr. 9 Commissioner F WILMINGTON, NC 28403 O (91 O)798-7149 Brian M.Berger 3 r- y ? (91 O)798-7145 FAX Commissioner a WWW.NHCGOV.COM Exhibit Thomas Wolfe •FS. �ti�' Book � ommissioner TgRIISHEn� ( Page Sheila L SchuR Clerk to the Board s g RESOLUTION ACCEPTANCE OF FIRE SAFETY EQUIPMENT a WHEREAS,New Hanover County Fire Services submitted an application to Firehouse Subs Public Safety Foundation requesting the following equipment: (1)Hurst E-draulic Vehicle Extrication SC 350 E Combi Package; and (2)Hurst R411 E Ram Package; and WHEREAS, this equipment will assist in extricating individuals from vehicles when dealing with accidents and allow inter-operations with the City of Wilmington Fire Department; and WHEREAS, the application for equipment was approved and the foundation will donate the requested equipment valued at a not-to-exceed amount of$15,457; and WHEREAS, a budget amendment for accounting purposes only, is required to record the value of the donations and said budget amendment is attached as part of this resolution. NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners that the equipment named above is accepted,the budget amendment and resolution are adopted;and County staff is directed to process any required documents to finalize the transaction. + Adopted this 22nd day of January, 2013. W N R CO OvNTY.� O v Woody White airman x o ATTEST: •�'r�NllsHf3�� i Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Adopted 612012011 s AGENDA: January 22,2013 Exhibi NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book Page o7. a.b AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 134 1 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-134 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 3 9 Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention Y Fund: Fire Services Department: Fire Services Operations Ez enditure: Decrease Increase Capital outlay $15,457 Total $0 $15,457 Revenue: Decrease Increase Firehouse Subs Public Safety Foundation grant $15,457 Total $0 $1524 7 Section 2: Explanation Fire Services has been awarded equipment valued at a not-to-exceed amount of$15,457. The equipment consist of(1)Hurst E-draulic Vehicle Extrication SC 350 E Combi Package and(2)Hurst R411 E Ram Package. The award requires no matching funds from the County. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-134,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. 7 dopted,this 22nd day of January,2013. 3 � �NTY•ArO �GO (S o O Woody White,Ch 'rman 2 ti 4 Sheila .Sc ult,Clerk to the Board 3 i l a -S s 3 GOV N}Y. NEW HANOVER COUNTY woody white Chairman BOARD OF COMMISSIONERS Beth Dawson -� Vice-Chair 1 O 230 GOVERNMENT CENTER DRIVE,SUITE 175 Jonathan Barfield,Jr. 7: WILMINGTON, NC 28403 Commissioner s O (91 O)798-7149 Exhib' / Brian M.Berger a� (910)798-7145 FAX Book (��(V ( Pag�=mmismes Wolfe WWW.NHCGOV.COM Commissioner •FJTgBIISHEn��,• ......... ' Sheila L Schult { RESOLUTION Clerk to the Board DONATION OF SCHOOL BUS TO NHC SCHOOLS s WHEREAS, a request has been made from New Hanover County Schools for the donation of a 2006 Ford E350 Super Duty Bus,vehicle identification number 1FDWE35P660DA21032 for use in their operations; and WHEREAS,pursuant to North Carolina General Statues 153A-176 and 160A-280,the County may donate to another governmental unit within the United States any personal property, including supplies,materials,and equipment,that the governing board deems to be surplus,obsolete,or unused pursuant to a resolution adopted after the posting of a public notice of such resolution at least five(5) days prior to its adoption; and WHEREAS,this donation will aid the County Schools in their work for the community and staff has posted the public notice as required prior to the adoption of this resolution approving the donation. NOW,THEREFORE,BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the 2006 Ford E350 Super Duty Bus, vehicle identification number 1FDWE35P660DA21032 is declared surplus property; and 2. That the donation of the Bus to New Hanover County Schools is approved; and 3. That County staff is directed to process any required documents to complete the transaction. ADOPTED this 22°d day of January, 2013. r t NE H NO C LOON+Y.� I Q. O o �2 Woody White, irman a TEST: Sheila L. Schult, Cler to the Board New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Adopted 612012011 a Exhibit rr,,rrvvl� Book Z .l Page AGENDA: January 22,2013 g NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 137 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,ty a, the following Budget Amendment 13-137 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention i Fund:General Fund Department: Sheriffs Office Ex enditur : Decrease Increase Sheriffs Office $6,178 Total $0 $6,178 5 # Revenue: Decrease Increase Sheriffs Office $6,178 3 Total $0 $6,178 Section 2: Explanation To budget reimbursement of$6,178 for overtime for the Detectives Division of the Sheriffs Office for the period of October and November 2012.Reimbursement is from the FBI for overtime worked by the New Hanover County Sheriffs Detectives on FBI cases. 9 Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 13-137,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. i Gov ,Aothis 22nd day of January,2013. SE �y O O �2 Woody White,kairman FS ` ISNt i t Sheila L.Schult,Clerk to the Board Y �a b Exhibit Book 2S�l Page AGENDA: January 22,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET 3 BY BUDGET AMENDMENT 2013- 43 t BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the following Budget Amendment 2013-43 be made to the annual budget ordinance for the fiscal year ending June 30,2013. 3 Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund:Federal Forfeited Property jDepartment:Sheriffs Office # Ex nditure: Decrease Increase x Sheriffs Office $21600 Total $0 $21600 Revenue: Decrease Increase Sheriffs Office $21,600 Total $0 $21,600 Section 2: Explanation To budget Federal Forfeited Property receipts of 1/7/13.Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in the Federal Forfeited Property fund is$5,877.Funds are received on a monthly basis. Section 3: Documentation of Adoption a This ordinance shall be effective upon its adoption. s NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 2013-43,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. d this 22nd day of January,2013. / (SE Woody White,Ch irm a 1 Sheila L. Schult,Clerk to the Board a I Exhibit a e 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS J RESOLUTION OF APPRECIATION FOR THE COLLECTIVE EFFORT TO PLACE SECURITY IN f NEW HANOVER COUNTY ELEMENTARY SCHOOLS 4 WHEREAS, the nation continues to mourn the tragic loss of life at Sandy Hook Elementary School s Cin the town of Newtown, Connecticut on December 14, 2012; and WHEREAS, communities across America are engaging in dialogues to determine ways to protect our children; and WHEREAS, New Hanover County officials and leaders have collectively moved swiftly to put security measures in place to protect elementary school students and staff for the remainder of the s school year; and r WHEREAS, the New Hanover County Board of Commissioners proudly acknowledges the following organizations for their commitments: • Sheriff Ed McMahon is providing security for the month of January 2013 and managing the i security with the aid of other organizations through the remainder of the current school year. • The City of Wilmington has reassigned four officers to the Sheriff through the end of the school year for school security in the City. • Carolina Beach has agreed to fund its own officer at Carolina Beach Elementary School. a Wrightsville Beach has allocated up to $28,500 to assist with personnel costs in the Sheriff's Office for school security at Wrightsville Beach Elementary School. • The New Hanover County Board of Education has agreed to cover up to fifty percent of the ° costs for security after we account for the force multipliers added by the City of Wilmington and Carolina Beach and the cost share authorized by Wrightsville Beach. i NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners proudly recognizes the commitments of Sheriff Ed McMahon, the City of Wilmington, the Town of Carolina Beach, the Town of Wrightsville Beach and the New Hanover County Board of Education to provide security in New Hanover County Elementary Schools; expresses appreciation, and takes pride in our community's demonstration of productive ' collaboration to serve and protect our citizens. I ADOPTED this the 22nd day of January, 2013. r E H E CO TY Woody White, C irman j � ATTEST: I� i Sheila L. Schult, Clerk to the Board Woody White G0%jNrr,,y NEW HANOVER COUNTY Chairman } o BOARD OF COMMISSIONERS Beth Dawson Vice-Chair 2 y Jonathan Barfield,Jr. h 230 GOVERNMENT CENTER DRIVE, SUITE 175 9 Commissioner � WILMINGTON, NC 28403 i (91 O)798 7149 Brian M.Berger �Z (91 O)798-7145 FAX Exhibit Commissioner WWW.NHCGOV.COM Book Page Thomas loner issioner •�JT161/SHF.n��1• Shelia L Schult Clerk to the Board AUTHORIZATION TO FILE APPLICATION WITH THE CLEAN WATER MANAGEMENT TRUST FUND WHEREAS, New Hanover County is hereby applying to the North Carolina Clean Water Management Trust Fund ("the Fund") for grant funds to eliminate failing septic systems in the Marquis Hills and Heritage Park communities; and WHEREAS, if the North Carolina Clean Water Management Trust Fund approves funding of the project as described in the grant application, the Fund will prepare a Grant Contract for execution by New Hanover County; and WHEREAS, the Grant Contract will specify the terms and conditions under which the Fund will provide the grant funding; and WHEREAS, the Grant Contract will require New Hanover County to perform certain functions and obligations in order to carry out the work described in the grant application. NOW, THEREFORE, it is agreed that the New Hanover County Board of Commissioners assures the North Carolina Clean Water Management Trust Fund that it understands the functions and obligations to which New Hanover County is committing itself in order to carry out the work described in the grant application, and further agrees that New Hanover County will proceed with diligence to perform those functions and obligations to accomplish the work described in any grant contract that may result from the application. ADOPTED this the 22nd day of January, 20 EW N VE O UN G OvNT Y.� Woody White, rman 3 a ATTEST: Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Adopted 612012011 New Hanover County Contract#13-0245 EAU PUBLIC TRANSPORTATION PROGRAM RESOLUTION Book Page°:? WHEREAS,Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation(NCDOT)as the agency responsible for administering federal and state public transportation funds;and WHEREAS,the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for public transportation projects;and WHEREAS,the purpose of the Section 5310 program is to provide financial assistance for transportation services planned,designed, and carried out to meet the special transportation needs of elderly individuals and individuals with disabilities in all areas—urbanized, small urban,and rural;and WHEREAS,the purpose of the Section 5316 program is to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals and to transport residents of urbanized areas and nonurbanized areas to suburban employment opportunities;and WHEREAS,the purpose of the Section 5317 program is to reduce barriers to transportation services and expand the transportation mobility options available to people with disabilities beyond the requirements of the ADA of 1990 by providing funding assistance that supports new public transportation services and/or new public transportation alternatives beyond those required by the ADA;and WHEREAS,NCDOT has been designated as the State agency with principal authority and responsibility for administering the Section 5310 program for all areas—urbanized,small urban,and rural;and WHEREAS,NCDOT has been designated as the State agency with principal authority and responsibility for administering the Section . 5316 and 5317 programs for small urban and rural areas;and WHEREAS,(Legal Name of Applicant)New Hanover County hereby assures and certifies that it will comply with the federal and state statutes,regulations,executive orders,and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration,as well as the provisions of Section 1001 of Title 18,U.S.C. NOW,THEREFORE,be it resolved that the(Authorized Official's Title)*Chairman of(Name of Applicant's Governing Body)New Hanover County Commissioners is hereby authorized to submit a grant application for federal and state funding,provide the required local match,make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide public transportation services. I(Certifying Official's Name)*Sheila Schult(Certifying Official's Title)Clerk to the Board do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the(Name of Applicant's Governing Board)New Hanover COunty Commissioners duly held on the 22 day of lanuary,24i r. gyp\ IIJ14,t� LZ"- Signature of Certifying Official I Vp 'Note that the authorized official,certifying official, nd notary public should be three separate individuals. Seal Subscribed and sworn to me (date) p�4 O ,............................................................................................... , Affix Seal Here tary Public• Kymbedeigh G. Crowell M 0.1 eMwcfl 0 .rf. W t l D C 99 Notary Public New Hanover C� At C Printed Name and Address luly Cottlf11i89iDt1 i:7tplteS d i My commission expires(date) 3 /�of 4 Q9 0' x .................................................................................................: Exhibi ORDINANCE Book Page oz 8 OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS,there have been significant changes to North Carolina General Statutes in regards to items that are allowed to be disposed of in a landfill;and WHEREAS,the New Hanover County solid waste code of ordinances has not been updated to reflect these statutory changes;and WHEREAS, from time to time, New Hanover County citizens and / or businesses request to dispose of Municipal Solid Waste that is non-standard and could require fewer or additional resources or processing expenses to accept, and no standard method of non-standard tipping fee calculation or authorization for the Director of Environmental Management to adjust said tipping fees exists;and WHEREAS, from time to time, certain New Hanover County non-profit agencies request a waiver or reduction to tipping fees and no process or formal authorization to reduce or waive said tipping fees exists;and i WHEREAS, Environmental Management has submitted revisions to update the code of ordinances and provide clarity and flexibility for the Director of Environmental Management to better respond to the needs of citizens and others considered by the Board of Commissioners. NOW, THEREFORE,the Board of Commissioners of New Hanover County,North Carolina, does hereby ordain that the New Hanover County Ordinances are amended as follows to be effective January 22,2013: 1. Amend Sec.44-1.Definitions to add: Antifreeze means ethylene glycol. Atypical/Nonstandard/Unconventional Solid Waste means any acceptable municipal solid waste that has unusual characteristics either by nature,amount or type of the waste,the relative composition of components, or the potential for beneficial use. Under this definition,there are four basic classifications: (a) Material requiring additional site preparation by landfill personnel that includes, but is not limited to, materials requiring a separate working face to isolate the material from other commercial traffic, an excavation pit to accept the waste and immediate cover,or temporary closure of an existing working face to minimize hazards to other commercial traffic; (b) Material requiring specialized equipment rental; (c) Material that would likely create a nuisance condition including, but not limited to,materials that generate large quantities of dust and requires the presence of dust-suppressing equipment and/or use of respirators by site personnel, or generate noxious odors sufficient to require the use of odor controlling mists, fogs, or sprays,or require significant handling by on-site equipment sue to its size,density,bulk or construction; (d) Material that can be beneficially re-used including,but not limited to,materials that are approved for use as an alternate daily cover and offsets the purchase of native soils or can be used for road construction and maintenance and offsets the purchase of stone and gravel. Banned materials (defined in G.S. § 130A-309.10.) means all solid waste items which are prohibited from being disposed of in a landfill and/or incinerated in an incinerator for which a permit is required under G.S.§130A, Article 9. Beverage containers required to be recycled under G.S. §18B-10061 means all recyclable beverage containers of all beverages sold at retail on the premises for holders of on-premises malt beverage permits, on-premises unfortified wine permits,on-premises fortified wine permits, and mixed beverages permits. 1 ,s 1 .- Discarded computer equipment (defined in G.S. § 130A-309.131.) means any desktop computer, notebook computer,monitor or video display unit for a computer system, and the keyboard,mice,other peripheral equipment, and a printing device such as a printer,a scanner,a combination print-scanner-fax machine,or other device designed to produce hard paper copies from a computer. Computer equipment does not include an automated typewriter, professional workstation, server, ICI device, ICI system, mobile telephone, portable handheld calculator, portable digital assistant(PDA), MP3 player, or other similar device; an automobile; a television; a household appliance; a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device,a flat panel display,or similar video display device that is contained within,and is not separate from,the larger piece of equipment, or other medical devices as that term is defined under the federal Food,Drug,and Cosmetic Act. Hours of Operation means the posted hours during which customers may deliver and unload solid waste for disposal at the New Hanover County Environmental Management Facilities. Lead-acid batteries(as provided in G.S. §130A-309.70.)means any battery,sealed or otherwise,that consists of a lead(Pb)electrode and a lead oxide(PbO2)electrode immersed in a solution of water and sulfuric acid(H2SO4). Common examples of lead acid batteries are car batteries,alarm system backup batteries, and camcorder batteries. Recyclable rigid plastic containers (that are required to be labeled as provided in subsection (e) of G.S. § 130A-309.10.)means any plastic container with a neck smaller than the body, including beverage containers,with a capacity greater than or equal to 8 fluid ounces and less than or equal to 5 gallons,with a code placed on or near the bottom of the container indicating the plastic resin used to produce the container, where the code consists of a number placed within three triangulated arrows and letters placed below the triangulated arrows and which reads: (1) For polyethylene terephthalate,the letters "PETE"and the number 1. (2) For high density polyethylene,the letters "HDPE"and the number 2. (3) For vinyl,the letter"V" and the number 3. (4) For low density polyethylene,the letters"LDPE"and the number 4. (5) For polypropylene,the letters "PP"and the number 5. (6) For polystyrene,the letters "PS" and the number 6. (7) For any other,the letters "OTHER"and the number 7. 2. Amend Sec.44-41. Charges generally to read: Sec.44-41. Charges generally. For the service of collecting and disposing of refuse, the owner or occupant of all premises from which refuse is collected by the county or its franchisee shall be charged such rates as may be established, from time to time,by the county commissioners.No owner or occupant of these premises shall be exempt from the collection and disposal service provided by the county or by individual franchisees. (1) Except as otherwise provided in this chapter, all owners or occupants of premises within the county shall be subject to the service charges prescribed by the county commissioners. Fees for the collection and disposal of refuse by the county and / or its franchisees shall be charged to the owner of all premises in the amount specified in the fee schedule located in Appendix B. (2) New Hanover County Government and New Hanover County Public Schools are exempt from tipping fees for the disposal of municipal solid waste at the New Hanover County solid waste disposal facilities. (3) The North Carolina Department of Transportation is exempt from tipping fees for the disposal of solid waste at the county solid waste facilities which is generated from litter pickup activities along public roads and highways in New Hanover County by Adopt-A-Highway volunteers,inmate litter crews,and /or highway maintenance personnel. This tipping fee exemption does not apply to the disposal of solid waste generated by any North Carolina Department of Transportation facilities, or any maintenance or construction activities. (4) The Director of Environmental Management may waive tipping fees to organized community cleanups activities for parks, green spaces, beaches, waterways, or similar public open spaces in New Hanover County. 2 (5) Any federal Internal Revenue Code Section 501 (c) (3) or 501(d) non-profit organization located in New Hanover County which accepts clothing, furniture or other items of personal property on a year- round basis, and sells those items of personal property to raise funds for the organization's services,or distributes those items of personal property to persons in need, shall be exempt from paying tipping fees on that personal property which is in such disrepair that it cannot be resold or distributed and must be transported and disposed of at the New Hanover County Solid Waste facilities. (6) All requests for exemption meeting criteria 44.41. (1)—(5) shall be made on the appropriate form, in writing, to the Director of Environmental Management 30 days prior to the event. Applicants will be promptly notified of approval or disapproval of the request in writing. 3. Amend Sec.44-45. Containers and storage and collection practices to read: Sec.44-45. Containers and storage and collection practices. (a) Each residential regular customer will be provided a roll-out cart by the franchisee. Customers using the roll-out cart may not fill the cart in such a manner that the cart lid will not close tightly over the cart body or so full (over 200 pounds) that the mechanical lifters mounted on refuse packers cannot lift the cart. Material outside of the cart will not be collected. 4. Amend Sec.44-46.Solid wastes the county or its franchisee will not collect to read: Sec.44-46.Solid wastes the county or its franchisee will not collect. This service does not allow for the collection of the following types of solid wastes, and no person may place any of the following in any container or receptacle intended for collection by the county or its franchisee: (1) Hazardous refuse and industrial refuse. All such hazardous refuse and industrial waste shall be stored in suitable leak proof containers sufficient to ensure that no such refuse or waste leaks or spills onto any public or private property. It shall be the responsibility of the person in possession of the premises where hazardous refuse or industrial waste is generated to see that it is disposed of properly. (2) Contagious disease refuses. The removal of clothing,bedding or other refuse from homes or other places where highly infectious diseases have occurred shall be performed under the supervision and direction of the county health department. (3) Building materials and wooden pallets. Such materials shall be removed by the owner of the property or by the contractor.No new certificate of compliance shall be issued until such material has been removed by the owner or contractor. (4) Human tissues or waste from operation, autopsy or obstetrical procedures or any other material of similar nature. (5) Materials of any kind or nature,including ashes,which contain any hot or live coals or fire. (6) Hypodermic instruments. Hypodermic syringes, needles or any instrument or device for making hypodermic injections must be placed in a plastic or glass bottle or similar protective container, which must then be sealed and placed in a garbage container. Alternately, such instruments may be disposed of under the supervision and direction of the county health department. (7) Dead animals. The proper handling and disposal of dead animals is the responsibility of the owner of the property. (8) Discarded computer equipment or discarded televisions. Electronic wastes can be disposed of via manufacturer's recycling programs registered with the state department of environment and natural resources, at the county landfill convenience site (homeowners only), or other sanctioned electronic recycling events. (9) Lead-acid batteries. Such materials may be disposed of with wholesalers and retailers that sell lead-acid batteries, at the county landfill drop off recycling site, or at household hazardous waste collection events/facilities. (10)Antifreeze. Used ethylene glycol may be disposed of at participating recycling or antifreeze disposal sites, at the county landfill convenience site, or at household hazardous waste collection events/facilities. (11) Used oil or motor vehicle oil filters. Such items may be disposed of at permitted or approved collectors or recyclers, at the county landfill convenience site, or at household hazardous waste collection events/facilities. 3 (12) Aluminum cans co-mingled with municipal solid waste. Aluminum cans that have been source separated, or are co-mingled with other recyclables (only) expressly for the purpose of recycling, may be collected by the county or its franchisee. 5. Amend Article III.Yard Waste to read: Article III. Yard Waste and Other Selected Banned Materials Sec.44-81. Title. This article shall be known and may be cited as the "Yard Waste and Other Selected Banned Materials Ordinance of New Hanover County,North Carolina." Sec.44-82.Purpose. The purpose of this article is to: (1) Ensure the county's compliance with state waste reduction goals and solid waste requirements as articulated in G.S. § 130A, Article 9 Solid Waste Management, and subsequent amendments to that chapter; (2) Encourage recycling and composting by promoting the removal from the waste stream widespread and readily recyclable materials; (3) Conserve landfill space;and (4) Provide the county with useful soil amendment and/or potentially marketable product(s). Sec.44-83.Authority. The county enacts this article pursuant to G.S. § 130A-290 et seq. and 153A-136 et seq. (Code 1978, §8.5-43) Sec.44-84.1.Discarded computer equipment handling; discarded television handling;white goods handling. (a) No discarded computer equipment,discarded televisions or white goods will be accepted in lined areas or cells of the county secure landfill or for incineration at the county waste-to-energy-facility, if applicable. (b) Discarded computer equipment and/or discarded televisions shall be delivered separately to an approved processing facility or disposal site. (c) White goods shall be delivered separately to an approved processing facility or disposal site. (d) Solid waste collectors shall not commingle discarded computer equipment, and / or discarded televisions and / or white goods and municipal solid waste prior to disposal at the county landfill or county waste-to-energy facility,if applicable. (e) Solid waste collectors and county residents may dispose of discarded computer equipment, discarded televisions or white goods by one of the following methods: (1) The county convenience site located at the county secure landfill. (2) By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies. (f) Repeated occurrences of a solid waste collector disposing of loads of un-separated municipal solid waste containing any discarded computer equipment, discarded televisions or white goods (as determined by the director of environmental management or his designee), and delivered to the lined area of the county secure landfill or to the county waste-to-energy facility, if applicable, may result in penalties to include prohibiting a driver or vehicle from unloading at a county owned facility. Repeated violations by multiple vehicles of the same franchisee will constitute grounds for revocation of a franchisee's franchise. See.44-84.2.Wooden pallet handling; whole scrap tire handling. (a) No wooden pallets or whole scrap tires will be accepted in lined areas or cells of the county secure landfill. (b) Repeated occurrences of a solid waste collector disposing of loads of un-separated municipal solid waste containing any wooden pallets or whole scrap tires (as determined by the director of environmental management or his designee), and delivered to the lined area of the county secure landfill or to the county waste-to-energy facility, if applicable, may result in penalties to include prohibiting a driver or vehicle from unloading at a county owned facility. Repeated violations by multiple vehicles of the same franchisee will constitute grounds for revocation of a franchisee's franchise. 4 (c) Solid waste generators, solid waste collectors and other persons may dispose of wooden pallets by one of the following methods: (1) The county construction waste processing facility,located at the county secure landfill. (2) A construction and demolition landfill approved by the county and the state department of environment and natural resources,and permitted to receive wooden pallets. (3) By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies This may include the county-owned waste-to-energy facility,if applicable. (d) Solid waste generators, solid waste collectors and other persons may dispose of scrap tires by one of the following methods: (1) The county convenience site located at the county secure landfill. (2) By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies. This may include the county-owned waste-to-energy facility,if applicable. (e) The provisions of this article shall not prevent the removal of wooden pallets or scrap tires by the generators or by other contractors or persons who would not be defined as solid waste collectors, provided these materials are removed in accord with this chapter. Sec.44-84.3.Yard waste handling. (a) No yard waste will be accepted in lined areas or cells of the county secure landfill. (b) Solid waste collectors shall not commingle yard waste and municipal solid waste prior to disposal at the county landfill. (c) Loads of un-separated municipal solid waste exceeding 15 percent yard waste by volume (as determined by the director of environmental management or his designee), and delivered to the lined area of the county secure landfill will be exacted a 100 percent surcharge over normal tipping fees for all materials disposed. The amount of this tipping fee surcharge will be dependent upon the schedule of tipping fees approved by the county board of commissioners. (d) Yard waste shall be delivered separately to an approved yard waste processing facility or disposal site. (e) Plastic bags and other non-compostable materials and containers, shall not be disposed at the yard waste processing or disposal site. (f) The provisions of this article shall not prevent the removal of yard waste by the generators or by other contractors or persons who would not be defined as solid waste collectors,provided these materials are removed in accord with this chapter. (g) Solid waste generators, solid waste collectors and other persons may dispose of yard waste by one of the following methods: (1) A yard waste processing facility which makes annual reports to or is permitted by the state department of environment and natural resources. (2) The City of Wilmington's yard waste processing facility or other New Hanover County municipal yard waste processing facility,if one exists. (3) A land-clearing and inert debris landfill approved by the county and the state department of environment and natural resources,and permitted to receive yard waste. (4) A backyard composting bin or small-scale composting, mulching or tree-trimming operation as allowed by the state department of environment and natural resources yard waste facility requirements. (5) By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies. If applicable,this may include incineration at a county-owned waste-to-energy facility. (h) The provisions of this article shall not prevent the development of back yard and other small-scale composting and mulching operations which are considered exempt operations per the state department of environment and natural resources yard waste facility requirements. t 5 Sec.44-84.4.Recyclable rigid plastic container handling. (a) No recyclable rigid plastic containers will be accepted in lined areas or cells of the county secure landfill. (b) Solid waste collectors shall not commingle recyclable rigid plastic containers and municipal solid waste prior to disposal at the county landfill. (c) Loads of un-separated municipal solid waste exceeding 5 percent recyclable rigid plastic containers by volume(as determined by the director of environmental management or his designee),and delivered to the lined area of the county secure landfill will be exacted a 100 percent surcharge over normal tipping fees for all materials disposed. The amount of this tipping fee surcharge will be dependent upon the schedule of tipping fees approved by the county board of commissioners. (d) Solid waste generators, solid waste collectors and other persons may dispose of recyclable rigid plastic containers by one of the following methods: a. A county drop off recycling center or the county convenience site located at the county secure landfill. b. A recycling or materials recovery facility approved by the county and the state department of environment and natural resources,and permitted to receive recyclable rigid plastic containers. c. By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies. (e) The provisions of this article shall not prevent the removal of recyclable rigid plastic containers by the generators or by other contractors or persons who would not be defined as solid waste collectors, provided these materials are removed in accord with this chapter. Sec. 44-84.5.Oyster shell handling. Aluminum can handling; Beverage containers required to be recycled under G.S.§ 18B-1006.1 handling; (a) No oyster shells, aluminum cans, or beverage containers required to be recycled under G.S. § 18B-1006.1 will be accepted in lined areas or cells of the county secure landfill or for incineration at the county waste-to-energy-facility,if applicable. (b) Solid waste collectors shall not commingle oyster shells and / or aluminum cans and / or beverage containers required to be recycled under G.S. § 18B-1006.1 with municipal solid waste prior to disposal at the county landfill. (d) Loads of un-separated municipal solid waste exceeding 5 percent oyster shells, aluminum cans, and / or beverage containers required to be recycled under G.S. § 18B-1006.1 by volume(as determined by the director of environmental management or his designee), and delivered to the lined area of the county secure landfill will be exacted a 100 percent surcharge over normal tipping fees for materials disposed.The amount of this tipping fee surcharge will be dependent upon the schedule of tipping fees approved by the county board of commissioners. (c) Solid waste generators, solid waste collectors and other persons may dispose of oyster shells by one of the following methods: a. The county convenience site located at the county secure landfill. b. The Division of Marine Fisheries recycling locations. (d) Solid waste generators, solid waste collectors and other persons may dispose of aluminum cans and beverage containers required to be recycled under G.S. § 18B-1006.1 by one of the following methods: a. Recycling centers / facilities permitted by the state department of environment and natural resources. b. The county drop off recycling centers and convenience site located at the county secure landfill or c. By any other method which has been approved by the county department of environmental management, the state department of environment and natural resources, and other responsible agencies. (e) The provisions of this article shall not prevent the removal of oyster shells,aluminum cans or beverage containers required to be recycled under G.S. § 18B-1006.1 by the generators or by other contractors or persons who would not be defined as solid waste collectors,provided these materials are removed in accord with this chapter. 6 � 1. Amend Appendix B Fee Schedule to read: Chapter 44. Solid Waste Article II. Collection and Disposal Division 1. Mandatory Residential Service §44-41. Charges generally Franchisees' fees are available upon request from each individual franchisee. County Fees Category Fee Municipal Solid Waste $59.00/ton Atypical/Non-Standard/Unconventional Acceptable Solid Waste Requiring additional site preparation $69.00/ton Requiring specialized equipment rental $84.00/ton Likely create a nuisance condition $69.00/ton Provides a beneficial use $59.00/ton less material's value if purchased from commercially available sources for its intended use Construction/Demolition $59.00/ton Concrete/Brick/Dirt MIXED $59.00/ton Concrete/Brick/Dirt 100%clean as verified by Landfill attendant,RECYCLED $30.00/ton Shingles/Built-Up Roofing MIXED $59.00/ton Asphalt Shingles 100%clean as verified by Landfill attendant,RECYCLED $30.00/ton Refuse Delivered in Cars,Pick-Up Trucks,or Trailers $59.00/ton Cardboard 100% clean as verified by Landfill attendant,RECYCLED No Charge Mixed Glass CYCLED $20.00/ton Color Sorted Glass CYCLED No Charge Asbestos(ACCEPTED WITH SPECIAL APPROVAL ONLY) $80.00/ton(with a one(1) ton minimum charge) Sludge ACCEPTED WITH SPECIAL APPROVAL ONLY $80.00/ton Tires GENERATED DURING THE"NORMAL COURSE OF BUSINESS" No Charge Tires OT GENERATED DURING THE"NORMAL COURSE OF BUSINESS" $83.00/ton Oyster Shells RECYCLED No Charge Household or Lead Acid Batteries CYCLED No Charge Waste Oil/Antifreeze CYCLED No Charge Appliances RECYCLED No Charge Electronics Recycling(HOMEOWNERS ONLY,RECYCLED) No Charge on Wednesdays from 9am-2 m Used Oil Filters HOMEOWNERS ONLY,RECYLCED No Charge ADOPTED,this 22nd day of January 2013. ` vt4TV.Ho eal 0 y Woody White,C a' 0 lof County C ioners 2 a � Sheila L. Schult,Clerk to the Board E i9 g 7