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e <br /> <br />646 <br /> <br /> PROPOSED AMENDMENT TO THE ORDINANCE GOVERNING THE <br />MANAGEMENT OF SOLID WASTE IN CABARRUS COUNTY, NORTH CAROLINA <br /> <br />SECTION I - DEFINITIONS <br />Add as Paragraph X the following: <br />X. "Cabarrus County Sanitary Landfill" - the sanitary landfill <br />owned by Cabarrus County located off Irish Potato Road, Cabarrus <br />County, North Carolina. <br />SECTION VI SOLID WASTE DISPOSAL <br />Insert as a new paragraph between the existing first and second paragraphs <br />the following: <br /> Ail garbage or solid waste generated within Cabarrus County shall <br /> be disposed of in the Cabarrus County Sanitary Landfill unless: <br /> A. By resolution duly adopted, the County Commissioners shall <br /> have designated a solid waste disposal site or sanitary <br /> landfill other than the Cabarrus County Sanitary Landfill as <br /> the disposal site of such solid waste; or <br /> B. The Cabarrus County Sanitary Landfill does not hold a valid <br /> permit for the disposal of that certain category of solid <br /> waste. <br />SECTION IX - FRANCHISES <br />Add as a new Paragraph 5 to Section A the following: <br />5. Transports all garbage or solid waste collected pursuant to the <br />franchise to the Cabarrus County Sanitary Landfill. <br />SECTION IX - FRANCHISES <br />Add as a new Paragraph 8 to Section D the following: <br />8. Failure to transport all garbage or solid waste collected <br />pursuant to the franchise to the Cabarrus County Sanitary Landfill. <br />SECTION X - COMMERCIAL, INDUSTRIAL, OR BUSINESS <br />Add as provision at end of the only paragraph the following: <br /> ; provided that no holder of any franchise may collect, transport, <br /> store or dispose of any garbage or solid waste generated within <br /> Cabarrus County unless that garbage or solid waste is transported <br /> to the Cabarrus County Sanitary Landfill unless: <br /> <br /> · A. By resolution duly adopted, the County Commissioners shall have <br /> designated a solid waste disposal site or sanitary landfill other <br /> than the Cabarrus County Sanitary Landfill as the final destination <br /> of and/or disposal site for such solid waste; or <br /> B. The Cabarrus County Sanitary Landfill does not hold a valid <br /> permit for the disposal of that certain category.of solid waste. <br /> Section XVI PENALTIES AND REMEDIES <br />Add as new third, fourth and fifth paragraphs the following: <br /> The County Commissioners or Health Director may bring an action <br /> or proceeding to enforce this Ordinance by an injunction or other <br /> equitable remedy issuing from a Court of competent jurisdiction in <br /> Cabarrus County. <br /> Any person who violates this ordinance may be subjected to a <br /> civil penalty of up to $3,000.00 per day to be recovered by the <br /> County in a civil action in the nature of a debt if the offender does <br /> not pay the penalty within thirty (30) days after he has been cited <br /> for violation of the ordinance. <br /> Each day's continuing violation is a separate and distinct <br /> offense. <br /> [Statutory Authority G.S. 153A-123; 130A-291(b); 153A-123(c), (d), <br /> (f) and (g); and 153A-136(a)] <br /> <br /> The Board by consensus directed that Dr. William F. Pilkington, Health <br />Director, to proceed immediately with the development of a Solid Waste Management <br />Plan for Gabarrus County. <br /> There being no further business to come before the Board, Chairman Simmons <br />recessed the meeting at 6:30 P.M. until December 27, 1990 at 4:30 P.M. <br /> <br />Clerk to the Board <br /> <br /> <br />