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578 <br /> <br /> Mr. Hartsell reviewed recommended changes to the proposed ordinance <br />relative to the establishment of rates for commercial, institutional and <br />industrial solid waste collection. <br /> UPON MOTION of Commissioner Payne, seconded by Commissioner Simmons and <br />unanimously carried, the Board approved the Ordinance for the Management and Flow <br />Control of Solid Waste with the recommended changes and subject to the approval <br />of the Solid Waste Management Plan by the Department of Environment, Health and <br />Natural Resources (DEHNR). The Ordinance as adopted was as follows: <br /> <br />NORTH CAROLINA <br />CABARRUS COUNTY <br /> <br /> ORDINANCE FOR THE MANAGEMENT <br />AND FLOW CONTROL OF SOLID WASTE <br /> <br /> WHEREAS, North Carolina General Statute 130A-294 provides for the <br />designation of a geographic area within which the collection, transportation, <br />storage and disposal of all solid waste generated within said area shall be <br />accomplished in accordance with a solid waste management plan; and <br /> WHEREAS, the Cabarrus County Board of Commissioners on June 15, 1992, <br />adopted a Solid Waste Management Plan, which was accepted by the Department of <br />Environment, Health and Natural Resources (DEHNR) on ; and <br /> WHEREAS, the purpose of this Ordinance is to carry out said Solid Waste <br />Management Plan by requiring that all disposal of solid waste within the <br />geographical area designated by DEHNR be controlled by rules and regulations <br />issued by the Cabarrus County Health Director. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF CABARRUS <br />COUNTY, NORTH CAROLINA, THAT: <br /> Section I. Purpose and Statutory Authority <br /> The purpose of this ordinance is to regulate the storage, collection, and <br />disposal of solid waste in Cabarrus County. This ordinance is adopted pursuant <br />to the authority contained in G.S. 153A-121 132.1, -136, -274 through -278, <br />and -291 through -293, and 130A-309.09, -309.09A, -309.09B, and -309.09D. Unless <br />otherwise indicated, the ordinance applies to both publicly-owned and privately- <br />owned municipal solid waste management facilities located in Cabarrus County. <br /> <br /> Section II. Definitions <br /> The following definitions apply in the interpretation and enforcement of <br />this ordinance: <br /> A. Board: Board of Commissioners of Cabarrus County. <br /> Bo Bulky Waste: Large items of solid waste such as furniture, large auto <br />parts, trees, branches, stumps, and other oversize wastes whose large size <br />precludes or complicates their handling by normal solid waste collection, <br />processing, or disposal methods. <br /> BI. Cabarrus County: Ail area within the boundaries of Cabarrus County not <br />within the corporate limits of any town, city or other incorporated municipality <br />as of the effective date of this Ordinance, together with all territory which <br />is also within the corporate limits, as said corporate limits may change from <br />time to time, of the Towns of Harrisburg and Mt. Pleasant and the City of <br />Kannapolis, including that portion of the City of Kannapolis located within Rowan <br />County. <br /> C. Collection. The act of removing solid waste (or materials that have <br />been separated for the purpose of recycling) to a transfer station, processing <br />facility, or disposal facility. <br /> D. Commercial Solid Waste: Ail types of solid waste generated by stores, <br />offices, restaurants, warehouses, and other non-manufacturing activities, <br />excluding residential and industrial waste. <br /> E. Construction and Demolition Waste: Solid waste resulting solely from <br />construction, remodeling, repair, or demolition operations on buildings, or other <br />structures, but does not include inert debris, land-clearing debris, yard debris, <br />or used asphalt, asphalt mixed with dirt, sand, gravel, rock, concrete, or <br />similar nonhazardous material. <br /> F. Department: The Department of Environment, Health and Natural <br />Resources. <br /> G. Garbage: Ail putrescible waste, including animal offal and carcasses, <br />and recognizable industrial by-products, but excluding sewage and human waste. <br /> H. Hazardous Waste: Solid waste, or a combination of solid wastes, that <br />because of its quantity, concentration or physical, chemical or infectious <br />characteristics may: <br /> <br /> <br />