OCR Scan (approximately)

This OCR scan may contain automatically generated text as generated using Apache Tika and Tesseract. It may not be correct. No effort has been made to correct any of these scans (so far). These OCR scans are also used in the site's Search feature. Please review the Search Policy for details about the site features. The OCR scan is provided here for reference purposes. It provides searchable text when the underlying document might not. But the scan process may not always work perfectly.

sor O42 ax:'780
SOLID WASTE MANAGEMENT!
Sec. 17.2-100. Authorization
This ordinance is enacted pursuant to authority contained in §§ 15.2-930, 15.2-1426,
15.2-1427, 15.2-1200, 33.1-346 and Chapter 14, Title 10.1 of the Code of Virginia, 1950, as
amended.
Sec, 17.2-101. General.
(a) Citations, This ordinance shall be known and may be cited as the “Russell
County Solid Waste Management Ordinance.”
(b) Severability. Should any section or provision of this article be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity
of the article as a whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
(©) Effective Date. ‘This ordinance shall be in full force an effect from the date of
adoption.
Sec. 17.2-102. Definitions.
For purpose of this ordinance, the following words and phrases shall have the meaning
respectively ascribed to them by this section.
Authority means the Cumberland Plateau Regional Waste Management Authority created
by the Buchanan County Board of Supervisors, Dickenson County Board of Supervisors and
Russell County Board of Supervisors for the purpose of collection of garbage and refuse within
the member jurisdictions.
Board of supervisors means the Russell County Board of Supervisors.
Bulk waste means appliances, furniture, bedding material, automobile parts, mechanical
equipment, mechanical parts, and carpet.
Commercial waste means all solid waste generated by establishments engaged in
business operations other than manufacturing or construction IRHIsiéteUOay HEROES, GAUNTOE
limited
on
a ss Pi aye
" State law reference: Enabling act for.reula Wok ferpage, refuse pickuy and disposal
A COPY TESTE
ANN S. McREYN| BS
apo 2Mi a
Mansi Qunpctd®. GLEN, Ying
cS
soot O42 re BL
to, solid waste resulting from the operations of stores, markets, office buildings, restaurants and
shopping centers,
Construction waste means solid waste which is produced or generated during the
construction, remodeling, or repair of pavements, houses, commercial building, and other
structures. Construction waste include, but are not limited to, lumber, wire, sheet rock, brick,
shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics
are a part of the materials of construction or empty containers for such materials. Paints,
coatings, solvents, asbestos, any liquid, compressed gasses or semi-liquids and garbage are not
construction wastes.
Convenience center means a controlled site, other than a sanitary landfill, upon which
specified types of solid waste may be deposited in containers provided by the county, or at
designated locations on the site, and from which solid waste is removed to an authorized facility
ona regular schedule for proper disposition.
County means Russell County, Virginia.
Debris waste means wastes resulting from land clearing operations. Debris wastes
include, but are not limited to, stumps, wood, brush, leaves, soil, and road spoils.
Demolition waste means that solid waste which is produced by the destruction of
structures and their foundations and includes the same materials as construction waste.
Federal acts means any act of Congress providing for waste management and any
regulations promulgated thereunder.
Hazardous material means a substance ot material in a form ot quantity which may pose
an unreasonable risk to health, safety or property when transported, and which the Secretary of
‘Transportation of the United States has so designated by regulation or order.
Hazardous substance means a substance listed under United States Public Law 96-510,
entitled the Comprehensive Environmental Response Compensation and Liability Act.
Hazardous waste means a solid waste or combination of solid waste, which, because of
its quantity, concentration or physical, chemical or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating illness; or,
(2) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
These solid wastes include, but are not limited to, pesticides, poisons, corrosives,
combustibles, caustics, acids, infectious materials, explosives, compressed gases,
voor O42 ruc I62
biological and chemical materials, radioactive materials, flammable materials, and
petroleum products.
Houschold waste means those items of solid waste that can reasonable be expected to be
generated ftom within a home by the day-to-day operation of the household. The term
household waste specifically excludes construction waste, demolition waste and yard waste.
Industrial waste means any solid waste generated by a manufacturing or industrial
process that is not a regulated hazardous waste.
Loitering means the act of idly remaining in a public place for a protracted time.
Open dump means a site on which any solid waste or hazardous waste is place,
discharged deposited, injected, dumped, or spilled so as to create a nuisance or so as to present a
threat of a release of harmful substances into the environment or present a hazard to humans or
the environment,
Person means an individual, corporation, partnership, association, government body,
municipal corporation, or any other legal entity.
Recycling means the process of separating a given waste material from the waste stream
and processing it so that itis used again as a raw material for a produet which may or may not be
similar to the original product.
Regulated medical waste means waste as defined in 9-VAC-120-140. Such wastes
include, but are not limited to, medical wastes such a8 sharps, cultures and stock of
microorganisms and biologicals, blood and blood products, tissues and other anatomical wastes.
Salvage means the authorized, controlled removal of waste materials from a solid waste
management facility.
Sanitary landfill means an engineered land burial facility for the disposal of solid waste
so located, designed, constructed and operated to contain and isolate the waste so that it does not
pose a substantial present or potential hazard to human health or the environment.
Scavenging means the unauthorized or uncontrolled removal of waste materials from a
solid waste management facility.
Sludge means any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment plant or ait
pollution control facility.
Solid Waste means any garbage, refuse, sludge, or other discarded material, including
solid, semisolid, liquid, or contained gaseous material resulting from industrial, commercial,
mining, and agricultural operations, or community activities but does not include:
(1) Solid or dissolved material in domestic sewage.
soo (V2 163
(2) Solid or dissolved material in irrigation return flows or in industrial
discharges which are sources subject to a permit from the department of
environmental quality.
(3) Nuclear, or by product material as defined by the Federal Atomic Energy Act
of 1954, as amended.
Solid waste facilities means those facilities, including but not limited to, convenience
centers, sanitary landfill, transfer site or transfer station, provided by the county for with solid
waste may be deposited.
Solid waste management means the administration of activities which provide for the
collection, separation, storage, transportation, transfer, processing, treatment, recycling, and
disposal of solid waste.
Tipping fees means those fees charged for commercial and industrial generators of solid
waste doing business within Russell County, Virginia pursuant to the Russell County Solid
Waste Tipping Fee Ordinance.
Transfer site means a site, other than a sanitary landfill, upon which specified types of
solid waste may be deposited in containers provided by the county, or at designated locations on
the site, and from which such solid waste is removed to an authorized facility on a regular
schedule for proper disposition.
Transfer station means a site, other than a sanitary landfill, transfer site or convenience
center, upon which specified types of solid waste may be deposited and to which such solid
waste is deposited on a regular schedule for proper disposition.
Transport or transportation means any movement of property and any packing, loading,
unloading or storage incidental thereto.
Yard waste means that fraction of municipal solid waste that consists of grass clippings,
leaves, brush and tree prunings arising from general landscape maintenance.
Sec. 17.2-103. General prohibitions.
(@) Authorized use. Use of the county’s sanitary solid waste facilities are limited to
persons or businesses disposing of solid waste generated and originated from within the
county.
(b) Open dumps. No person shall operate, construct, miaintain or dispose of solid waste
in open dumps.
voor O42 oe 764
(©) Private landfills, It shall be unlawful for any person to operate a private landfill or to
allow waste to be disposed on or otherwise managed on his property within the county
unless permitted by the Virginia Department of Environmental Quality or such other
agencies of the Commonwealth of Virginia as may be authorized by law, or regulation to
pemnit such activity. Additionally, it shall be-the duty of all persons to dispose of or
otherwise manage their solid waste in a legal manner.
(@ Hazardous waste, It shall be unlawful for any person to dispose of hazardous waste
within the county.
(©) Scavenging. Scavenging of any material from a county-owned sanitary landfill,
transfer site or convenience center is prohibited.
(®) Regulated medical waste. It shall be unlawful for any person to dispose of regulated
medical waste at a county-owned sanitary landfill, transfer site, transfer station or
convenience center.
Sec. 17.2-104, Trespassing.
(@) Sanitary landfill. It shall be unlawful for any person, other than county employees
actually engaged in the course of their employment and law enforcement officers in the
performance of their official duties, to enter or cause another to enter upon county
sanitary landfill property except during normal business hours of operation.
(1) Restrictive access. During the hours of normal operation, county employees
shall direct persons to specific areas of the landfill and/or shalll prohibit access to
specified areas of the sanitary landfill, It shall be unlawful for any person to
disobey such directive.
(b) Transfer sites and convenience centers. It shall be unlawful for any person, other
than county employees actually engaged in the course of their employment, and law
enforcement officers in the performance of their official duties, to enter or cause another
to enter upon an area controlled and operated by the county as a transfer site or a
convenience center, except during the hours of operation.
(©) Parking. It shall be unlawful for any person, other than a county employee or law
enforcement officer actually engaged in the course of his employment, to stop or park a
motor vehicle on a county sanitary landfill, transfer site or convenience center except
temporatily for the purpose of unloading solid waste in accordance with the provisions of
this article and the regulations promulgated thereunder.
Sec. 17.2-105. Littering.
(@) General. It shall be unlawful for any person to dispose of or cause to be disposed of
any solid waste by littering in or upon any property within Russell County. (Also see
Russell County Litter Ordinance §§ 17.2-200 et seq.)
Boor 012 Pr 7165
Any person who disposes of solid waste by placing same inside a container provided by
the county for the purpose of collecting said solid waste shall be deemed to be in compliance
with the requirements of this section.
(b) Transfer sites, It shall be unlawful for any person to drop, deposit, discard ot
otherwise dispose of solid waste in, on or around any transfer site except in refuse
containers provided for the purpose of solid waste collection.
(©) Convenience centers, It shall be unlawful for an person to drop, deposit, discard or
otherwise dispose of solid waste in, on or around any convenience center except in.refuse
containers provided for the purpose of solid waste collection unless county established
procedures provide otherwise for specified types of solid waste.
(@ Transportation of solid waste. It shall be unlawful for any person to collect or
transport solid waste in a vehicle unless such solid waste shall be enclosed or securely
covered by a canvas, screen wire, or secured by other means to prevent its loss from the
vehicle in transit.
Sec. 17.2-106. Discharge of firearms.
It shall be unlawful for any person willfully to discharge, or cause to be discharged, a
firearm into or upon the property of sanitary landfill facilities, transfer sites or convenience
centers; provided that this section shall not apply to any law enforcement officer in the
performance of his official duties nor to any other person whose said willful act is otherwise
justifiable or excusable at law in the protection of his life or property.
Sec. 17,2-107. County sanitary landfill facilities,
(a) Sanitary landfill. Sanitary landfill facilities shall be owned and operated by the
county and are not for the use of the general public, Such facilities shall be operated
under permit from the department of environmental quality and in accordance with rules
and regulations promulgated by said department. The term “general public” as used in
this section shall mean persons or businesses within the county. ‘The sanitary landfill
facilities are no longer operational for the acceptance of new solid waste of any kind
nature or description into the sanitary landfill.
(b) Hours of operation, Sanitary landfill facilities shall be closed to the general public.
(©) Landfill attendants, Sanitary landfill activities necessary for closing and monitoring
the sanitary landfills shall be supervised and controlled by county employees at all times.
It shall be unlawful for any person to willfully disobey, ignore, or improperly carry out
any legal and proper order or direction of any such employee directed toward the proper
use of the sanitary landfill facilities.
Bon (2 PALE 766
(@ Unacceptable wastes. All solid wastes of every, kind, nature and description are
unacceptable at county sanitary landfill facilities
Sec, 17.2-108, Transfer sites.
(a) Establishment, The Cumberland Plateau Regional Waste Management Authority, of
which the county is a member, may authorize establishment of transfer sites at locations deemed
necessary to adequately serve the citizens of the county. Sites shall be selected with due regard
for convenience of residents in the service area, safe ingress and egress, traffic flow, topography,
environmental protection, avoidance of nuisances to adjacent and nearby residents and
landowners, and budgetary concerns.
(b) Hours of operation. Transfer sites shall be open to the general public on a regular
schedule, The Authority is authorized to set the days and hours of operation.
(© Users, Transfer sites shall be available for use by persons disposing of limited
quantities of household waste originated and generated within the county.
(@ Unauthorized items, The following items may not be placed in the containers or on
the ground at transfer sites:
(1) Hazardous waste including asbestos material and regulated medical waste.
(2) Animal carcasses, including fowl, other than pets (.e., cats and dogs) and road
killed animals.
(3) Liquid. Liquid is the solid waste that qualifies as liquid under the
Environmental Protection Agency Paint Filter Test. Any solid waste containing
less that 25 percent solids, by weight, is also considered a liquid.
(4) Vehicles. Automobiles, trucks, buses, trailers, farm equipment, construction
vehicles such as bulldozers, cranes and other like motorized vehicles and
equipment.
(5) Closed drums.
(© Slaughterhouse waste.
(7) Unapproved industrial process waste.
(8) Unapproved sewage sludge.
(9) Improperly prepared containers such as paint cans and pesticide containers.
Said items must be disposed of in an authorized landfill or other authorized
collection site.
sor V2 ine 87
(©) Containment. With the exception of bulky items and items that do not lend
themselves to packaging, all refuse placed in refuse containers at transfer sites shall be
contained in securely closed plastic bags, heavy paper bags, or other containers which
will prevent or minimize scattering or blowing of refuse.
(£) Boxes, Cardboard boxes, crates, and similar containers shall be cut and flattened prior
to placement in refuse containers at transfer sites.
(g Littering. It shall be unlawful for any person to drop, deposit, discard, or otherwise
dispose of any solid waste or other material in, on, or around any transfer site except in
refuse containers provided for the purpose of solid waste collection. (Also see section
§17.2-109(). Any article found so placed outside of a refuse container and bearing a
person’s name and/or address shall be presumed to be the property of such person whose
name and/or address appears thereon, and that such person placed or caused to be placed
such article outside of a refuse container; provided, however, that such presumption shall
be rebuttable by competent evidence. A canvas, screen wire or other such material shall
securely cover all vehicles used for collection/transportation of solid waste to prevent
littering.
(h) Parking. No parking of motor vehicles, except official county vehicles, shall be
permitted at any time on any transfer site. Only temporary stopping for the purpose of
unloading solid waste into refuse containers,shall be permitted.
(i) Borrow pits and privately licensed solid waste facilities. The provision of this article
shall not apply to those persons or entities licensed and/or permitted by the department of
environmental quality, Virginia Department of Health, county department of health,
department of mines, minerals, and energy in the maintenance and operation of borrow
pits, and the disposal of such items as are approved by those agencies in the use and
reclamation of mines and borrow pits.
@ Recycling. The county shall provide containers, at designated locations, to facilitate
recycling. Containers shall be provided to facilitate collection of selected recycling
commodities. Containers shall be clearly marked to indicate the recycling commodity ot
commodities that may be placed in the containers. It shall be illegal for any person to
place anything in these containers other than the recycling commodity or commodities so
designated.
Tipping fees. Every commercial and industrial generator of solid waste doing business
within Russell County, Virginia shall be charged a disposal tipping fee for solid waste
collection and disposal for all solid waste directly or indirectly deposited at the transfer
site in accordance with the Russell County Solid Waste Tipping Fee Ordinance.
sor YL2 m:768
Sec. 17.2-109. Convenience centers.
(@ Establishment. ‘The Board of Supervisors may authorize establishment of
convenience centers at locations deemed necessary to adequately serve the citizens of the
county. Sites shall be selected with due regard for convenience of residents in the service
area, safe ingress and egress, traffic flow, topography, envitonmental protection,
avoidance of nuisances to adjacent and nearby residents and landowners, and budgetary
concems.
(®) Hours of operation, Convenience centers shall be open to the general public on a
regular schedule. The county administrator is authorized to set the days and hours of
operation.
(©) Users. Convenience centers shall be available to persons disposing of limited
quantities of household waste and designated recyclables originated and generated within
the county. Convenience centers are not for commercial, business, or industrial use.
Trailers and high-sided pickup trucks hauling large volumes of waste are prohibited.
(@ Unauthorized items. The following items may not be brought to convenience centers:
(1) Construction materials or debris such as timbers, brick, metal, shingles, and
concrete,
(2) Appliances, bicycles, lawn mowers, and other metal objects.
(3) Furniture or other bulk waste.
(4) Dead animal and fowl:
(5) Trees, bush, stumps, dirt, and other debris from land clearing, road building,
and similar activities.
© Tires.
(7) Automobiles, trucks, construction equipment, and similar vehicles.
(8) Sewage sludge.
(9) Ashes, coals, and embers from solid fuel fired devices.
(10) Hazardous materials such as pesticides.
(LL) Liquid wastes.
(12) Pressurized containers such as propane tanks.
(13) Improperly prepared containers
voor O12 my: 789
(©) Containment. With the exception of bulky items and items that do not lend
themselves to packaging, all refuse brought to convenience centers shall be contained in
securely closed plastic bags, heavy paper bags, or other containers which will prevent or
minimize scattering or blowing of refuse.
(© Littering. It shall be unlawful for any person to drop, deposit, discard, or otherwise
dispose of any solid waste or other material in, on, or around any convenience center
except in refuse containers provided for the purpose of solid waste collection (Also see
section §17.2-108(g)). Any article found so placed at any convenience center and
bearing a person’s name and/or address shall be presumed to be the property of such
person whose name and/or address appears thereon, and that such person placed or
caused to be placed such article outside of a refuse container; provided, however, that
such presumption shall be rebuttable by competent evidence. A canvas, screen wire or
other such material shall securely cover all vehicles used for the collection/transportation
of solid waste to prevent littering.
(g) Parking. No parking of motor vehicles, except official county vehicles and the
attendant’s vehicle, shall be permitted at any time at any convenience center. Only
temporary stopping for the purpose of authorized unloading of solid waste shall be
permitted.
(h) Recycling. The county may provide containers, at designated convenience centers, to
facilitate recycling. Containers, when provided, are to facilitate collection of selected
recycling commodities (such as plastics, glass, newspaper, used motor oil). Containers
shall be clearly marked to indicate the recycling commodity or commodities that may be
placed in the containers. It shall be illegal for any person to place anything in these
containers other than the recycling commodity or commodities so designated.
()) Scavenging.
(1) It shall be unlawful for any person to scavenge in or around the containers or
otherwise remove any discarded solid waste from or about any solid waste site or
any bulk or roll-off container.
(2) No person shall be permitted to remove trash, garbage, or any other items
from within or around the containers or compactors located at the refuse sites
except for those persons or companies authorized for such removal by the board
of supervisors.
(3) It shall be unlawfal for any person, except for county personnel and authorized
agents of the county, no person shall physically enter a county solid waste
container or receptacle, or remove from a county solid waste container or
receptacle any item in a county solid waste container or receptacle.
soor O12 ow '770
(4) It shall be unlawful for any person, except for county personnel and authorized
agents of the county, to sort through or examine the contents of any collection
container or solid waste site for the purpose of removing items therefrom.
(5) It shall be unlawful for any person except for county personnel and authorized
agents of the county to loiter on or about any solid waste facility owned and
operated by Russell County.
Sec. 17.2-110. Penalties.
Penalties. Violation of any provision of this article shall be deemed to be a Class 1
Misdemeanor and, upon conviction, shall be punishable by a fine of not more than $2,500.00, or
no more than 12 months in jail, or both.
Sec. 17.2-111. Disposal of solid waste collected or generated in the county.
(a) No person shall operate a private solid waste collection business within the county
without first obtaining a permit from the County Administrator or his designee.
(b) Alll solid waste generated or collected within the county shall be disposed of only at
the facilities of the County designated for solid waste disposal.
(©) Subsection (b) shall not apply to:
(1) Solid waste generated, purchased or utilized by an entity engaged in the
business of manufacturing, mining, processing, refining or conversion except for
an entity engaged in the production of energy or solid waste-derived fuels for sale
to a person other than any entity controlling, controlled by or under the same
control as the manufacturer, miner, processor, refiner or converter.
(2) Recyclable materials in volumes reported to the county administrator or his
designee, which are those materials that have been source-separated by any
person or materials separated from solid waste by any person for utilization in
both cases as a raw material to be manufactured into a product other than fuel or
energy.
(3) Construction solid waste to be disposed of at the transfer site.
(4) Waste oil.
(d) It shall be unlawful for any person to dispose of solid waste generated or collected
within the county at any place other than those designated pursuant to subsection (b). The
county administrator or his designee following a hearing may revoke a permit to operate a
private solid waste collection business obtained under subsection (a) for failure to comply with
this section, and shall have the power to seek and obtain injunctive relief from a court of
competent jurisdiction to prevent violations of this section, without a showing of irreparable
harm. Operating a private solid waste collection business without a permit as required herein,
voor O42 ene FHL
and any other violation of this sub-section, shall be punishable as a Class 3 Misdemeanor by a
fine of $500.00, with each day in violation constituting a separate offense.
§ 17.2-112. Effective date of ordinance.
This ordinance shall be effective on the Ist day of January, 2011. The County
Aduministrator is directed to file a certified copy of this Ordinance in the Offices of the Clerk of
the General District Court of Russell County and the Clerk of the Circuit Court of Russell
County.
Adopted his the 6 day ot_ Azeem ders ,2010,
itch: Ubede bd, Meade
OO gi