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SOLID WASTE MANAGEMENT
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.
Purpose
It is the purpose of this article to accomplish refuse management throughout the
County in order to control disease; to prevent blight and other environmental
degradation; to promote the generation of energy and recovery of useful resources from
solid waste; to protect limited natural resources for the benefit of its citizens; to limit
noxious odors and unsightly garbage, trash, refuse or decay; and to promote and
protect the public health, safety and welfare.
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
Definitions
For purpose of this ordinance, the following terms shall have the meanings
respectively ascribed to them herein:
Agricultural Waste means all solid waste produced from farming operations.
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, mean the Russell County Board of Supervisors.
Bulk Waste means appliances, furniture, bedding material, automobile parts,
mechanical equipment, mechanical parts, and carpet.
Clean Wood means solid waste consisting of untreated wood pieces and
particles that do not contain paint, laminate, bonding agents, or chemical
preservatives or are otherwise unadulterated.
Commercial waste means all solid waste generated by establishments engaged
in business operations other than manufacturing or construction. This category
includes, but is not limited 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
buildings, 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.
Commercial Collectors Any properly permitted commercial garbage and waste
collection hauler, contractor or business located within and doing business with
Russell County.
Convenience Center means a collection point for the temporary storage of solid
waste provided premises to an established centralized point, rather than directly
to a disposal facility. To be classified as a convenience center, the collection
point may not receive waste from collection vehicles that have regularly
scheduled collections.
County means Russell County, Virginia.
Debris Waste means wastes resulting from land clearing operations. Debris
waste include, but are not limited to, stumps, wood, brush, leaves, soil, and road
spoils.
Demolition waste means that solid waste which is produced by destruction of
structures and their foundations and includes the same materials as construction
waste.
Facility means Russell County convenience sites and the Russell County transfer
station.
Federal acts mean any act of Congress providing for waste management and
any regulations promulgated thereunder.
Garbage means readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
General public means persons or businesses within the county.
Hauler means and individual, company, corporation, public or private institution,
or cooperative, county, city, or town or other political subdivision of this
commonwealth or other state, interstate body, or other legal entity or combination
of the above, who hauls refuse, garbage, sludge or other solid waste as defined
by this article to the County for disposal.
Hazardous material means a substance or material in a form or 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
Lability 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, biological and chemical materials, radioactive materials,
flammable materials, and petroleum products.
Household waste means those items of solid waste that can reasonably be
expected to be generated from 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 manufacturing or industrial
process that is not a regulated hazardous waste. This term does not include
mining waste or oil and gas waste.
Litter means, for purposes of this chapter, any solid waste that is discarded or
scattered about a solid waste management facility outside the immediate working
area
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.
Municipal solid waste means that waste that is normally composed of residential,
commercial, and institutional solid waste and residues derived from combustion
of these wastes.
Person means an individual, corporation, partnership, association, a
governmental body, a 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 it is used again as a raw material for a
product which may or may not be similar to the original product.
Regulated medical waste means waste as defined by the Regulated Medical
Waste Management Regulations (2VAC20-120) as promulgated by the Virginia
Waste Management Board
Salvage means the authorized, controlled removal of waste materials from a
solid was management facility
Sanitary landfill means an engineered land burial facility for the disposal of
household waste that is 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. A sanitary landfill also may
receive other type of solid wastes, such as commercial solid waste,
nonhazardous sludge, and hazardous waste from conditionally exempt small
quantity generators, construction demolition debris, and nonhazardous industrial
solid waste.
Scrap Metal mean bits and pieces of metal parts, such as bars, rods, wire, empty
containers or metal pieces that may be combined together with bolts or soldering
which are discarded material and can be used, reused, or reclaimed.
Sludge means any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment
plant or air pollution control facility exclusive of treated effluent from a wastewater
treatment plant.
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.
(2) Solid or dissolved material in irrigation retum 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, 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.
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 pruning’s arising from general landscape
maintenance.
GENERAL PROHIBITIONS ©
A. 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, maintain or dispose of solid
waste in open dumps.
C. Private landfills. |t shall be unlawful for any person to operate a private landfill or
to allow waste to be disposed on or otherwise manage 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 permit such activity. Additionally, it shall be the duty of all persons to
dispose of or otherwise manage their solid waste in a legal manner.
D. Hazardous waste. It shall be unlawful for any person to dispose of hazardous
waste within the county.
E, Scavenging. Scavenging of any material from a county-owned sanitary landfill,
transfer site or convenience center is prohibited.
F. 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.
TRESPASSING
(a) 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 shall prohibit access to
specified areas of the sanitary landfill. It shalll 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 temporarily for the purpose of unloading solid waste in accordance with the
provisions of this article and the regulations promulgated thereunder.
LITTERING
(a) 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.
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 or
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 any 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 provided for the purpose of solid waste collection unless
county established procedures provide otherwise for specified types of solid waste.
(d) 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.
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.
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 sanitary landfill facilities are no
longer operational for the acceptance of new solid waste of any kind.
(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.
(4) Unacceptable wastes. All solid wastes of every, kind, nature and description are
unacceptable at county sanitary landfill facilities.
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.
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© 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 (i.
road kill animals.
., cats and dogs) and
(3) Liquid. Liquid is the solid waste that qualifies as liquid under the
Environmental Protection Agency Paint Filter Test. Any solid waste containing
less than 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.
(6) 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.
(e) Containment. With the exception of bulky items and items that do not lend
themselves to packaging, all 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.
(f) 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(f)). Any article found so placed outside of a refuse container and
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
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(i) Borrow pits and privately licensed solid waste facilities. The provision of this
article shall not apply to those person 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 or commodities that may be placed in the containers. It shall be illegal for
any person to place anything in these containers other that the recycling commodity or
commodities so designated
(k) 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.
CONVENIENCE CENTERS
(a) 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 are, 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. 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
(d) 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, 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
(6) 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.
(11) Liquid wastes.
(12) Pressurized containers such as propane tanks.
(13) Improperly prepared containers.
(e) 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 the securely closed plastic bags, heavy paper bags, or other containers which will
prevent or minimize scattering or blowing of refuse.
(f) 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.
(9) 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 the containers. It shall be illegal for any person to place anything in these containers
other than the recycling commodity or commodities so designated,
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(i) 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.
VIOLATIONS AND PENALTIES.
(a) Penalties for violation of any provision of this article or any County policy or
regulation includes fines and possible revocation of the commercial collection permit.
Violation of any provision of this article is a violation of Russell County Code and shall
be deemed to be a Class 1 Misdemeanor and, upon conviction, shall be punishable by
a fine of not more than $2500, or no more than 12 months in jail, or both or possible
revocation of the commercial collection permit.
(b) Nothing contained in this article shall limit the authority of any law enforcement
officer having jurisdiction to issue appropriate criminal or other lawful process for
violations committed in his presence or upon proper warrant.
COLLECTION PERMITS
A. Every commercial collector or hauler disposing of solid waste in Russell County,
Virginia shall obtain from the Russell County Board of Supervisors a permit
before engaging in the collection and disposing of trash, or garbage or sludge.
B. Every commercial collector or hauler shall make application for such permit on a
form supplied by the Russell County Board of Supervisors, which application
shall state the full name, address and telephone number of the applicant,
together with the full name and address of the applicant’s registered agent if the
applicant is a corporation; the area within the County the applicant proposes to
serve; or haul to, or from and dispose of solid waste and the number and size of
the vehicles the applicant proposes to use.
C. It shall be unlawfully too knowingly and intentional make a false statement in
Appling for or securing a permit
D. Every applicant shall pay an annual fee as established by resolution of the Board
of Supervisors for a permit, which shall expire January 15 of the year next
following the year for which issued. It shall be unlawful to engage in trash,
garbage collection and/or hauling of trash, garbage and sludge for disposal in the
County without a current, valid permit.
DISPOSAL OF SOLID WASTE COLLECTED
A. It shall be unlawful to dump, store, burn, bury, destroy or otherwise dispose of
garbage, trash, refuse or any other solid waste generated within the limits of the
1
County except at the Russell County Transfer Station or a facilities of the County
designated for solid waste disposal.
B. It shall be unlawful to establish, maintain or operate an unregulated, unlicensed
dump or landfill within Russell County, Virginia.
EFFECTIVE DATE OF ORDINANCE
This ordinance shall be effective on the 13"" day of March 2017. The county
Administrator 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.
On,
"
PS OF
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