<div class="chunk-title">Sec. 32-6. - Storage, accumulation and disposal of garbage and solid waste.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No owner, occupant, tenant, or lessee of any property shall deposit, store, or license
               to accumulate any garbage or solid waste upon such property that is not stored or
               disposed of in the following manner:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to store any garbage in any container that is
               not durable, rust-resistant, nonabsorbent, watertight, rodent-proof, and easily cleanable
               with a close-fitting, fly-tight cover in place with adequate handles or bails to facilitate
               handling, not to exceed a 96-gallon capacity, or other types of containers conforming
               to the intent of this chapter. It shall also be unlawful for any person to store garbage
               of a perishable or offensive nature for more than one week in any type of container.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Solid waste or garbage shall not be deposited, stored, or licensed to accumulate on
               any property in such a manner that it will provide food or harborage for rodents and
               vermin or will create a fire or safety hazard.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any occupant of any dwelling or dwelling unit to place or
               leave outside of any building longer than 72 hours any dilapidated furniture, icebox,
               refrigerator, stove or other appliance, machinery, equipment, building material, or
               other item which is either in a wholly or partially rusted, wrecked, junked, dismantled
               or inoperative condition, or which in the opinion of the health director constitutes
               a potential public health problem. This section shall not apply to a licensed junk
               dealer.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to leave outside of any building or dwelling,
               in a place accessible to children, any abandoned, unattended or discarded icebox,
               refrigerator or any other container of any kind in which a child could get into. An
               acceptable alternative is to crate, strap, or lock the discarded container to such
               an extent that it is impossible for a child to obtain access.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               No person shall throw, dump, deposit or cause to be thrown, dumped, or deposited solid
               waste on property owned by the person, another person, or on any public highway, street
               or road; upon public parks or recreation areas; or upon any other public property
               except property specifically designated for that use.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to dispose of garbage or solid waste at any place
               other than in a manner approved by law. Acceptable means of solid waste disposal includes
               the following:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Contracting with a county-licensed, franchised solid waste disposal service.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Hauling garbage and solid waste to a public sanitary landfill site or designated county-owned
               solid waste convenience centers (residential waste only).
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Burning solid waste in an incinerator that has all required local, state, and federal
               air pollution control licenses.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               By any other method, including reclamation and recycling processes, that has been
               approved by the state.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Where there are five or more premises located in a residential building or manufactured
               home park, it shall be the responsibility of the owner or person in charge of each
               building or manufactured home park to contract with the licensed, franchised solid
               waste disposal service and to pay for the regular collection of all garbage from each
               premises. It is the responsibility of the owner or person managing rental property
               to see that the residents dispose of their garbage in a lawful manner.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               Any landfill located in the county shall be operated according to rules and regulations
               providing standards for solid waste disposal adopted by the state, North Carolina
               Administrative Code (NCAC), title 15A, chapter 13, Solid waste management. The operational
               requirements for a sanitary landfill as outlined in the NCAC title 15A, chapter 13,
               Solid waste management, or as amended, are made a part of this chapter by reference.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The sanitary landfill of the county may be used for the disposal of solid wastes by
               any person who is a resident of the county during regular hours of operation of the
               landfill. Solid wastes shall be disposed of at the landfill in the manner and according
               to the procedures required by the landfill superintendent. The following wastes may
               not be disposed of in the landfill:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Radioactive wastes.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Hazardous wastes.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Infectious wastes.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Wet sludge which has no presence of any free liquids in a representative sample of
               waste as determined by USEPA Method 9095B, paint filter liquids test and in compliance
               with 40 CFR 264.314 and 265.314.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Any solid waste that creates a difficult operational problem at the landfill.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Burning material.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Dead animals in large quantities.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               Lead-acid batteries.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               Used oil.
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               Yard trash, except in a container marked and designated for landfills qualified to
               accept such waste as described by the appropriate regulations promulgated by state
               waste management or other appropriate governmental entities.
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               White goods.
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               Antifreeze.
               </p>
            		
            <p class="incr1">
               (13)
               </p>
            		
            <p class="content2">
               Beverage cans.
               </p>
            		
            <p class="incr1">
               (14)
               </p>
            		
            <p class="content2">
               Liquid wastes.
               </p>
            		
            <p class="incr1">
               (15)
               </p>
            		
            <p class="content2">
               Tires.
               </p>
            		
            <p class="incr1">
               (16)
               </p>
            		
            <p class="content2">
               Construction and demolition wastes.
               </p>
            		
            <p class="incr1">
               (17)
               </p>
            		
            <p class="content2">
               Infectious, hazardous, and radioactive wastes, which shall be disposed of according
               to written procedures approved by the state.
               </p>
            		
            <p class="incr1">
               (18)
               </p>
            		
            <p class="content2">
               Motor vehicle oil filters.
               </p>
            		
            <p class="incr1">
               (19)
               </p>
            		
            <p class="content2">
               Recyclable rigid plastic containers.
               </p>
            		
            <p class="incr1">
               (20)
               </p>
            		
            <p class="content2">
               Wooden pallets.
               </p>
            		
            <p class="incr1">
               (21)
               </p>
            		
            <p class="content2">
               Oyster shells.
               </p>
            		
            <p class="incr1">
               (22)
               </p>
            		
            <p class="content2">
               Discarded computer equipment.
               </p>
            		
            <p class="incr1">
               (23)
               </p>
            		
            <p class="content2">
               Discarded televisions.
               </p>
            		
            <p class="incr1">
               (24)
               </p>
            		
            <p class="content2">
               Any other material prohibited by state or federal law.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               A person operating or having operated an open dump for disposal of solid waste or
               a person who owns land on which such an open dump is or has been operating shall immediately
               close the site in accordance with the state, which is as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Implement effective vector control, including baiting for at least two weeks after
               closing, to prevent vector migration to adjacent properties.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the site is deemed suitable by the state, compact and cover existing solid waste
               in place with two feet or more of suitable compacted earth; a condition of closing
               the site by compacting and covering the waste in place shall be recordation of the
               waste disposal location by the property owner with the register of deeds in the county
               where the land lies. Copies of the recordation procedure may be obtained from and
               inspected at the state.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If the site is deemed unsuitable by the state, remove and place solid waste in an
               approved disposal site or facility.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Implement erosion control measures by grading and seeding.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Prevent unauthorized entry to the site by means of gates, chains, berms, fences, and
               other security measures approved by the state and post signs indicating closure for
               a period designated by the state.
               </p>
            		
            <p class="b0">
               All persons failing to comply with this subsection (d) shall be guilty of a misdemeanor
               and punished in accordance with <a href="" data-chunk-id="COOR_CH1GEPR_S1-14GEPE" class="section-link" data-product-id="13891">section 1-14</a> of this Code with each day that the violation continues to exist being considered
               a separate and distinct offense until the dumping site has been corrected as required.
               </p>
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               All persons using sanitary landfills or solid waste containers operated by the county
               shall abide by the rules and regulations governing their use, and a violation of such
               rules and regulations shall constitute a violation of this chapter and violators may
               be punished in accordance with <a href="" data-chunk-id="COOR_CH1GEPR_S1-14GEPE" class="section-link" data-product-id="13891">section 1-14</a> of this Code in the discretion of the court with each day a violation continues to
               exist being considered a separate and distinct offense.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               No building shall be erected on any land where there has been or is currently any
               garbage or solid waste deposited until tests are made of the property showing there
               is no danger in the future of settling or explosion due to methane gas being formed
               from the solid waste that has been deposited.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Any person collecting and transporting solid waste generated on his own property for
               disposal at an approved disposal site shall comply with subsection <a href="" data-chunk-id="COOR_CH32SOWAMA_S32-5COTRSOWA" class="section-link" data-product-id="13891">32-5</a>(c) of this Code concerning vehicles and containers.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               There shall be no open burning of solid waste or garbage by any person.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Use of solid waste containers shall be in accordance with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Solid waste convenience centers are maintained at numerous sites throughout the county
               for the convenience of county residents on land owned or leased by the county. Solid
               wastes may be deposited in the solid waste convenience centers only in accordance
               with this chapter.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               All solid waste shall be deposited inside the solid waste convenience centers. No
               solid waste may be left at the solid waste disposal site outside the convenience center.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Commercial, industrial, and institutional solid wastes may not be deposited in the
               county-owned solid waste convenience centers.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The following wastes may not be deposited in solid waste containers:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Radioactive wastes.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Hazardous waste.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Infectious wastes.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Wet sludge which has no presence of any free liquids in a representative sample of
               waste as determined by USEPA Method 9095B, paint filter liquids test and in compliance
               with 40 CFR 264.314 and 265.314.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Any solid waste that creates a difficult operational problem at the landfill.
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Burning material.
               </p>
            		
            <p class="incr2">
               g.
               </p>
            		
            <p class="content3">
               Dead animals in large quantities.
               </p>
            		
            <p class="incr2">
               h.
               </p>
            		
            <p class="content3">
               Lead-acid batteries.
               </p>
            		
            <p class="incr2">
               i.
               </p>
            		
            <p class="content3">
               Used oil.
               </p>
            		
            <p class="incr2">
               j.
               </p>
            		
            <p class="content3">
               Yard trash, except in a container marked and designated for landfills qualified to
               accept such waste as described by the appropriate regulations promulgated by state
               waste management or other appropriate governmental entities.
               </p>
            		
            <p class="incr2">
               k.
               </p>
            		
            <p class="content3">
               White goods.
               </p>
            		
            <p class="incr2">
               l.
               </p>
            		
            <p class="content3">
               Antifreeze.
               </p>
            		
            <p class="incr2">
               m.
               </p>
            		
            <p class="content3">
               Beverage cans.
               </p>
            		
            <p class="incr2">
               n.
               </p>
            		
            <p class="content3">
               Liquid wastes.
               </p>
            		
            <p class="incr2">
               o.
               </p>
            		
            <p class="content3">
               Tires.
               </p>
            		
            <p class="incr2">
               p.
               </p>
            		
            <p class="content3">
               Construction and demolition wastes.
               </p>
            		
            <p class="incr2">
               q.
               </p>
            		
            <p class="content3">
               Infectious, hazardous, and radioactive wastes, which shall be disposed of according
               to written procedures approved by the state.
               </p>
            		
            <p class="incr2">
               r.
               </p>
            		
            <p class="content3">
               Motor vehicle oil filters.
               </p>
            		
            <p class="incr2">
               s.
               </p>
            		
            <p class="content3">
               Recyclable rigid plastic containers
               </p>
            		
            <p class="incr2">
               t.
               </p>
            		
            <p class="content3">
               Wooden pallets
               </p>
            		
            <p class="incr2">
               u.
               </p>
            		
            <p class="content3">
               Oyster shells
               </p>
            		
            <p class="incr2">
               v.
               </p>
            		
            <p class="content3">
               Discarded computer equipment
               </p>
            		
            <p class="incr2">
               w.
               </p>
            		
            <p class="content3">
               Discarded televisions
               </p>
            		
            <p class="incr2">
               x.
               </p>
            		
            <p class="content3">
               Any other material prohibited by state or federal law.
               </p>
            		
            <p class="b2">
               No person may remove any item from a solid waste container, climb on or into a container,
               damage, or willfully set fire to or attempt to set fire to contents of a container.
               </p>
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               <span class="ital">Disposal of waste tires.</span> The uncontrolled storage and/or disposal of waste tires presents a health and safety
               hazard. Tires are not suitable for burial in a sanitary landfill nor for burning in
               a municipal solid waste incinerator. All waste tires in the county must be delivered
               to a county landfill or other collection point designated by the landfill superintendent
               and deposited there to be transported to a tire disposal facility where they can be
               disposed of in an environmentally acceptable way. This subsection is not intended
               to prevent any individual, company, or other entity from developing an environmentally
               acceptable method for tire disposal. Any such proposal for an alternate disposal method
               shall be submitted to the department of utilities and engineering for review and final
               approval by the board of commissioners.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               <span class="ital">Disposal of dead animals.</span> It shall be the duty of the owner or person in charge of any domesticated animal
               which dies of any cause and the owner, lessee, or person in charge of any land upon
               which any domesticated animal dies to bury the animal to a depth of at least three
               feet beneath the surface of the ground within 24 hours after knowledge of the death
               of the domesticated animal or to otherwise dispose of the animal in a manner approved
               by the state veterinarian. It shall be a violation of G.S. 106-403 to bury any dead
               domesticated animal closer than 300 feet to any flowing stream or public body of water.
               Dead animals may be disposed of at the county landfill for a fee as prescribed by
               the board of commissioners, Monday through Friday between the hours of 8:00 a.m. and
               4:00 p.m. The state department of transportation (DOT) has jurisdiction over the disposal
               of any dead animal located on or within the state department of transportation's right-of-way.
               All costs incurred by a municipality or county in the removal of a dead domesticated
               animal shall be recoverable from the owner of such animal or from the owner, lessee,
               or person in charge of the land upon which the animal was illegally disposed and upon
               admission of ownership or conviction. The term "domesticated animal" as used in this
               subsection shall include poultry.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2012-18, 11-19-2012; Ord. No. 2013-04, 6-3-2013)
               </p></div>