Solid Waste Ordinance


 50.04 GENERAL PROHIBITIONS.


(A) Authorized use. Use of Northampton County's solid waste management facilities, to include the sanitary landfill, the transfer station and the waste collection sites, is limited to persons residing in Northampton County or Accomack County, or those persons conducting business within the Counties of Northampton and Accomack as a result thereof.


(B) Open dumps. No person shall dispose of solid waste in open dumps.


(C) Private sanitary landfills. It shall be unlawful for any person to operate a private sanitary landfill within the county unless permitted by the Virginia Department of Solid Waste Management or such other agencies of the Commonwealth of Virginia as may be authorized by law or regulation to permit such activity.


(D) Hazardous waste. It shall be unlawful for any person to dispose of hazardous waste within the county.


(E) Scavenging. Solid waste disposed of at the county sanitary landfill, the transfer station or the waste collection sites shall become the property of the county. Scavenging and unauthorized removal of any material from the county's sanitary landfill, the transfer station or the waste collection sites is prohibited with the exception of items left in the designated "take it or leave it" areas of the waste collection sites.


(Ord. passed 5-14-2013)




 50.05 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 the county sanitary landfill except during normal business hours of operation.


(B) 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 shall be unlawful for any person to disobey such directive.


(C) Transfer station/waste collection sites. 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 waste collection site, except during hours of operation.


(D) 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 the county sanitary landfill site, the transfer station, or the waste collection sites except temporarily for the purpose of unloading solid waste in accordance with the provisions of this chapter and the regulations promulgated thereunder.


(Ord. passed 5-14-2013)



 50.06 LITTERING.


(A) General.


(1) It shall be unlawful for any person to dispose of or cause to be disposed of any waste by littering in or upon any property within Northampton County.


(2) 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) Waste collection sites. It shall be unlawful for any person to drop, deposit, discard or otherwise dispose of solid waste or other material in, on, or around any waste collection site except in refuse containers provided for the purpose of solid waste collection. Any article found so placed outside 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, further, that such person placed or caused to be placed such article outside of the refuse container; provided, however, that such presumption may be rebutted by competent evidence.


(C) 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 by other means necessary to prevent its loss from the vehicle in transit.


(Ord. passed 5-14-2013)



 50.07 BURNING OF SOLID WASTE.



It shall be unlawful for any person to burn solid waste within 100 feet of a residence, whether occupied or unoccupied, garage, stable, outbuilding, or fence made of flammable material, unless said solid waste is confined in a closed container of galvanized iron or other fire proof material or unless the fire is attended by an able bodied person until such time as the embers thereof are burned out or the burning embers are extinguished.


(Ord. passed 5-14-2013)



 50.08 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 the sanitary landfill; 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.


(Ord. passed 5-14-2013)




 50.09 COUNTY SANITARY LANDFILL/TRANSFER STATION


(A) Public landfill/transfer station. The sanitary landfill/transfer station shall be owned and operated by the county for the use of the general public. Such landfill/transfer station shall be operated under permits 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 owning or leasing property in the Counties of Northampton or Accomack and persons conducting business within the Counties of Northampton or Accomack. Only solid waste collected within the Counties of Northampton or Accomack will be accepted.


(B) Hours of operation. The sanitary landfill/ transfer station shall be open to the general public on a regular schedule. The County Administrator is authorized to set the days and hours of operation. Said operating schedule shall be conspicuously posted at the sanitary landfill/transfer station entrance.


(C) Landfill/transfer station/waste collection site attendants. Sanitary landfill/transfer station/waste collection site activities and persons using the sanitary landfill/transfer station/waste collection sites 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 county sanitary landfill, transfer station, or a waste collection site.


(D) Unacceptable wastes.


(1) Except as hereinafter provided, the following wastes are unacceptable at the county sanitary landfill, transfer station or waste collection site:


(a) Hazardous wastes including asbestos material and infectious waste.


(b) Animal carcasses, including fowl, other than pets (i.e., cats and dogs) and road killed animals.


(c) Liquids. Liquids are those wastes which qualify as liquids under the Environmental Protection Agency definition. Any waste containing less than 25% solids, by weight, is also considered liquid waste.


(d) Vehicles. Automobiles, trucks, buses, trailers, farm equipment, construction vehicles such as bulldozers, cranes, and other like motor vehicles and equipment.


(e) Cable, wire, rope, wire fencing, etc., over three feet in length.


(f) Rigid items over eight feet in length (i.e., pipe, timber, metal, construction materials, etc.).


(g) Closed drums.


(h) Slaughterhouse waste.


(i) Unapproved seafood by-product waste.


(j) Unapproved industrial process waste.


(k) Unapproved sewage sludge.


(l) Improperly prepared containers such as paint cans and pesticide containers.


(2) Unapproved solid wastes. The County Administrator is authorized to establish procedures for authorizing persons wishing to dispose of unapproved wastes such as pesticide containers, industrial process waste, and sewage sludge to request approval for disposal of same at the county sanitary landfill. Persons wishing to dispose of unapproved waste shall make application for same to the County Administrator.


(E) Material separation. For acceptance at the sanitary landfill and transfer station, the following types of solid waste shall be separated from other acceptable waste: tree stumps, brush, tires, batteries, and such other materials as may from time to time be so designated by the County Administrator. Brush shall be piled in an area which will prevent interference with normal landfill operations and shall be covered or burned periodically. Tree stumps shall be placed in an area which will prevent interference with normal landfill operations and shall be covered periodically. Unsplit tires, batteries and such other items as may from time to time be designated by the County Administrator shall be placed in a temporary storage area for subsequent disposition.


(F) Fees. The Board of Supervisors may, by resolution, establish and from time to time change user fees for disposal of solid waste for any class or type of solid waste at the county sanitary landfill and/or transfer station. Any such fees collected shall be deposited with the County Treasurer and used for construction, expansion, and/or operation of the county's solid waste management facilities.


(1) Fee structure.


(a) With the exception of the exclusions in subsection (b) below, a fee for the use of the county sanitary landfill and transfer station shall be charged for all solid waste entering the site in accordance with the provisions set forth herein. Said fee for materials accepted other than tires and batteries at the sanitary landfill shall be determined on weight of material accepted and shall be at rates set from time to time by the Board of Supervisors.


(b) Exclusions.


1. County of Northampton.


2. Northampton County School System when collected and transported in or by vehicles owned and operated by the school system or the county.


3. Riverside Shore Memorial Hospital when collected and transported in or by vehicles owned and operated by the county.


4. Virginia Department of Transportation when disposing of litter collected along the highway, road-killed animals, gutter-pulling (ditch cleaning) and debris such as limbs and brush removed from rights-of-way after a storm.


5. Virginia Division of Game & Inland Fisheries when disposing of road-killed animals.


(c) 1. Persons disposing of solid waste at the sanitary landfill or transfer station, the weight of which does not exceed 400 pounds, shall not be charged. Should the weight of solid waste exceed 400 pounds, the rates set by the Board of Supervisors shall apply to the excess over 400 pounds.


2. This waiver of fee and weight shall be limited to the first entrance per customer per day and shall not apply to persons transporting solid waste for hire or to credit customers.


(d) Tires. There shall be a per tire fee for tires disposed of at the county sanitary landfill, as established from time to time by the Board of Supervisors.


(e) Batteries. There shall be a per battery fee for batteries disposed of at the county sanitary landfill, as established from time to time by the Board of Supervisors, shall be based on battery size.


(2) Credit accounts. The County Administrator is authorized to arrange credit accounts for persons making regular use of the county sanitary landfill.


(G) Vehicle identification tag.


(1) Commercial solid waste use permit holders and credit customers must display a vehicle identification tag on each solid waste transport vehicle, trailer, and roll-off container entering the sanitary landfill. The vehicle identification tag shall be prominently displayed on the driver's side of the vehicle on or immediately forward of the driver's door in the case of a motorized vehicle. When displayed on a trailer or roll-off container, the vehicle identification tag shall be placed on the left side near the front left corner as near to eye level as possible. Identification tags are available at the Office of the County Administrator for a fee of $1 each.


(2) Vehicles operated by the County of Northampton, Northampton County School Board and municipal corporations shall be provided vehicle identification tags at no charge. The Virginia Department of Transportation and Virginia Division of Game & Inland Fisheries are not required to display vehicle identification tags.


(Ord. passed 5-14-2013)




 50.10 PERMIT.



(A) It shall be unlawful for any person engaged in the business of collecting, transporting, and/or disposing of solid waste in the county to use the county's sanitary landfill without first obtaining a commercial solid waste use permit.


(B) Permit application. A commercial solid waste use permit may be obtained by making application to the Office of the County Administrator. Such application shall be accompanied by a non-refundable processing fee of $25. Only one permit per firm is required.


(Ord. passed 5-14-2013)




 50.11 WASTE COLLECTION SITES.


(A) Establishment. The Board of Supervisors from time to time may authorize establishment of waste collection sites at locations deemed appropriate to serve the residents of the county. Sites shall be selected with due regard for convenience of residents and economy of solid waste management.


(B) Hours of operation. Transfer sites shall be open to the general public on a regular schedule. The County Administrator is authorized to set the days and hours of operation.


(C) Use.


(1) Waste collection sites shall be available for use by persons residing or conducting business in Northampton County. Transfer sites are for disposal of limited quantities of household waste with such disposal being limited to volumes as established by the Board from time-to-time through policy.


(2) Restrictions. Commercial solid waste use permit holders and credit customers may not dispose of solid waste at waste collection sites. Solid waste transported by these persons must be disposed of in the county sanitary landfill or transfer station.


(D) Unacceptable wastes. It shall be unlawful for any person to dispose of the following wastes at waste collection sites:


(1) Commercial waste;


(2) Industrial process waste;


(3) Construction materials or demolition debris such as, but not limited to, timbers, bricks, metal rods, shingles and concrete;


(4) Trees, brush, stumps, soil and other debris from land clearing, road building, and similar activities;


(5) Tires;


(6) Improperly prepared containers such as paint cans and pesticide containers;


(7) Animal carcasses of any kind;


(8) Sewage sludge;


(9) Ashes, coals and embers from solid fuel fired devices.


(E) Boxes. Empty cardboard boxes, crates, and similar containers shall be cut and flattened prior to placement in solid waste containers at waste collection sites.


(Ord. passed 5-14-2013)




 50.12 PRIVATELY LICENSED SOLID WASTE FACILITIES.


Provisions of this chapter shall not apply to those persons licensed or permitted by the Virginia Department of Environmental Quality or the Northampton County Health Department or any other state agency authorized by law or regulation to control such facilities. Nor does it apply to the disposal of such items as are approved by those agencies for disposal in an approved private sanitary landfill or waste disposal facility.


(Ord. passed 5-14-2013)




 50.99 PENALTY.


(A) The violation of any provision of this chapter shall be deemed to be a Class I misdemeanor and, upon conviction, shall be punishable by a fine of not more than $2,500 or not more than 12 months in jail, or both. Each day of violation shall constitute a separate offense.


(B) Open dumps. In addition to any penalties provided herein, whenever the Board of Supervisors deems it necessary, said Board of Supervisors may, after 30 days written notice, have such solid waste in open dumps removed by its own agents or employees, in which event the cost or expense thereof shall be chargeable to and paid by the owner or owners of such property on which such solid waste was located and may be collected by the county as taxes and levies are collected. Every charge authorized by this section and with which the owner of such property shall have been assessed and which remains unpaid shall constitute a lien against such property.


(Ord. passed 5-14-2013)