LAMOILLE REGIONAL SOLID WASTE MANAGEMENT DISTRICT
SOLID WASTE MANAGEMENT ORDINANCE
AN ORDINANCE BY THE LAMOILLE REGIONAL SOLID WASTE MANAGEMENT DISTRICT REGULATING THE COLLECTION, STORAGE, PROCESSING, TRANSPORT, TRANSFER, AND DISPOSAL OF SOLID WASTE; REQUIRING THE SEPARATION OF CERTAIN MATERIALS FROM OTHER SOLID WASTE; ESTABLISHING A LICENSING SYSTEM FOR HAULING SOLID WASTE, PROCESSING RECYCLABLES AND COMPOSTABLE MATERIALS, TRANSFER/DISPOSAL FACILITIES, AND SCALES; PROHIBITING THE UNLAWFUL DISPOSAL AND BURNING OF SOLID WASTE; ESTABLISHING AND IMPOSING A MANAGEMENT FEE ON ALL SOLID WASTE GENERATED WITHIN THE DISTRICT; PROVIDING FOR PENALTIES AND ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Vermont (the "State") has enacted a comprehensive statute (10 V.S.A. S§6601, et seq.) governing the management of solid waste;
WHEREAS, pursuant to its Charter and applicable law, the Lamoille Regional Solid Waste Management District (the "District") has developed and adopted a Plan (as defined herein) designed to provide and implement programs and policies that further State policies and priorities;
WHEREAS, the District has originally enacted a Waste Management Ordinance effective November 1, 1992 (the “Original Ordinance”) and a Solid Waste Management Fee Ordinance effective November 28, 1994 (the “Original Fee Ordinance”) and adopted the Regulations for the Collection and Recycling of Solid Waste in the Lamoille Regional Solid Waste Management District effective November 28, 1994 (the “Original Regulations”), and the Board of Supervisors now wishes to amend, restate, and confirm the Original Ordinance, the Original Fee Ordinance, and the Original Regulations each in their entirety;
WHEREAS, the District has determined that this Ordinance is in the public interest and necessity; promotes the public health, safety, and welfare; promotes the efficient, economical, and environmentally sound management of Solid Waste and Solid Waste Disposal within the District; and is in furtherance of carrying out the purposes of the District, the District's Plan, and applicable State law;
WHEREAS, the Original Ordinance, the Original Fee Ordinance, and the Original Regulations are being amended, restated, and consolidated into this Ordinance; and
NOW, THEREFORE, it is hereby enacted and ordained by the District as follows:
ARTICLE I
PURPOSE AND TITLE
1.1. Purpose. This Ordinance is enacted and ordained for the purpose of promoting the health, safety, and general welfare of the District, its member municipalities and their inhabitants, and the general community; to regulate the Management of Solid Waste within the District; to require Separation of certain materials from Solid Waste destined for Disposal; to facilitate the adequate provision of Solid Waste services such that the generators of Solid Waste pay costs that reflect the real costs to society of the Management of Solid Waste; to establish fees for services provided by the District to Manage Solid Waste; to regulate Waste Disposal practices that pose a concern to the public health and welfare and the environment; to fulfill the District’s responsibilities under 24 V.S.A. §2202a; to implement and further the District's Plan and the State's Solid Waste Management Plan; and to provide for the efficient, economical, and environmentally sound Management of Solid Waste. The Ordinance is adopted pursuant to the authority contained in the District’s Charter (Title 24, Chapter 405), 24 V.S.A. §1971 and 24 V.S.A. §2291.
1.2. Title. This Ordinance shall be known and may be cited as the Solid Waste Management Ordinance.
ARTICLE II
DEFINITIONS
2.1. Unless the context clearly requires otherwise, the following terms shall have the respective meanings:
A. “Applicant” shall mean a Person seeking a License under this Ordinance.
B. “Biosolids” shall mean sewage Sludge from a municipal wastewater treatment facility.
C. “Board” shall mean the Board of Supervisors of the Lamoille Regional Solid Waste Management District.
D. “Commercial Hauler” shall mean any Person who collects, Transfers, or Transports Solid Waste generated within District borders for compensation, including any operator of a Mobile Solid Waste Collection Operation.
E. “Curbside” shall mean an area adjacent to the street, curb, or roadside ditch, but in no case greater than ten (10) feet from the curb nor directly on the traveled portion of any municipal road or sidewalk.
F. “Designated Area” shall mean an area selected for placement of Solid Waste for collection, which must be readily accessible at all times by a conventional Solid Waste collection vehicle and not directly on the traveled portion of any public road or sidewalk. An area may be so designated through mutual agreement between a Person and his or her Hauler. However, the location of a Designated Area shall not violate any applicable local or municipal ordinance.
G. “Discarded” shall mean when the original Generator of a material has released his or her direct control of the material. This will be assumed to have occurred when the original Generator of the material has delivered the material to a treatment, storage, composting, Recyclables processing, Transfer, or Disposal Facility or has had the material collected for delivery to a treatment, storage, composting, Recyclables processing, Transfer, or Disposal Facility.
H. “Disposal” shall mean 1) the incineration of any Solid Waste, 2) the placement of any Solid Waste in a landfill, or 3) the discharge, deposit, injection, dumping, spilling, leaking, or placing of any Solid Waste into or on any land or water so that such Solid Waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. Disposal does not include the placing of Solid Waste in a Transfer, composting, or Recyclables processing Facility that is in compliance with this Ordinance and is fully permitted at the time of placement.
I. “Dispose” shall mean to 1) incinerate any Solid Waste, 2) place any Solid Waste in a landfill, or 3) discharge, deposit, inject, dump, spill, leak, or place any Solid Waste into or on any land or water so that such Solid Waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any ground or surface waters. Dispose does not include the placement of Solid Waste in a Transfer, composting, or Recyclables processing Facility that is in compliance with this Ordinance and is fully permitted at the time of placement.
J. “District” shall mean the Lamoille Regional Solid Waste Management District and its successors.
K. “Drop-Off Facility” shall mean a Transfer Facility, which primarily serves Residents who are Self-Haulers.
L. “Executive Board” shall mean the subcommittee of the Board of Supervisors established under the District’s Charter.
M. “Facility” shall mean any Disposal, Transfer, collection, or processing site, located within or without the District, and all contiguous land, structures, other appurtenances, and improvements on land used for aggregating, treating, storing, transferring, processing, or disposing of Solid Waste. A Facility may consist of a single or several treatment, storage, or Disposal units.
N. “Generator” shall mean any Person who produces Solid Waste by any means including, but not limited to, residential, commercial, institutional, and industrial activities.
O. “Hauler” shall mean any Commercial Hauler.
P. “Hazardous Waste” shall mean any Waste or combination of Wastes of a solid, liquid, contained gaseous, or semi-solid form, including, but not limited to, those which are toxic, corrosive, ignitable, reactive, strong sensitizers, or which generate pressure through decomposition, heat, or other means, which in the judgment of the State may cause, or contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, taking into account the toxicity of such Waste, its persistence and degradability in nature, and its potential for assimilation, or concentration in tissue, and other factors that may otherwise cause or contribute to adverse acute or chronic effects on the health of persons or other living organisms, or any matter which may have an unusually destructive effect on water quality if discharged to ground or surface waters of the State. All special nuclear, source, or by-product material, as defined by the Atomic Energy Act or 1954, is specifically excluded from this definition.
Q. “Household Hazardous Waste” shall mean any Waste from households that would be subject to regulation as Hazardous Waste if it were not from households.
R. “License” shall mean a signed agreement between a Person and the District that permits certain Management of Solid Waste activities under specific conditions and is issued under the provisions of Article IV of this Ordinance.
S. “Management of Solid Waste” or “Manage Solid Waste” shall mean to collect, Separate, process, Recycle, store, Transfer, Transport, weigh, Dispose, or receive for Disposal any Solid Waste.
T. “Mandatory Recyclables” shall mean aluminum and steel cans, aerosol cans, aluminum foil and pie plates, glass bottles and jars from foods and beverages, polyethylene terephthalate (PET) plastic bottles and jugs, high density polyethylene (HDPE) plastic bottles and jugs, corrugated cardboard, white and colored paper, newspaper, magazines and catalogs, paper mail and envelopes, boxboard, and paper bags. This list may be amended by resolution of the Board, upon such notice as the Board may prescribe, due to factors including, but not limited to, changes in market conditions or technology.
U. “Mobile Solid Waste Collection Operation” shall mean the operation of a vehicle or trailer, or a container on or attached to such vehicle or trailer, to collect Solid Waste from Self-Haulers. A Mobile Solid Waste Collection Operation shall not be considered a Facility.
V. “Person” shall mean an individual, partnership, company, corporation, limited liability company, association, unincorporated association, joint venture, trust, municipality, agency, department, and any other legal entity. In any provisions of this Ordinance, prescribing a fine, penalty, or denial or revocation of a License, the term “Person” shall include the officers and directors of the corporation or organization.
W. “Plan” shall mean the Solid Waste Management Plan adopted by the District on April 7, 1998, and any amendments or successor plans subsequently adopted.
X. “Processor” shall mean any Person that 1) accepts Recyclables from off-site, and prepares the Recyclables for sale or 2) accepts compostable materials from off-site and composts the materials.
Y. “Recyclables” shall mean Solid Waste that may be reclaimed and/or processed and used in the production of raw materials or products.
Z. “Recycle” or “Recycling” shall mean the Separation, collection, processing, and recovery of Solid Waste for use in the production of raw materials or products.
AA. “Recycling Container” shall mean a bin, bag, can, or other container used for the purpose of collecting Recyclables.
BB. “Regulated Medical Waste” shall mean that portion of Waste generated in the medical industry, as defined by the State, which requires special handling and treatment prior to Disposal.
CC. “Resident” shall mean an individual residing in and having a residence in a municipality within the District.
DD. “Scale” shall mean any equipment or apparatus for the weighing of Solid Wastes or for the weighing of any Vehicle, Recycling Container, or Waste Container bearing or containing Solid Waste.
EE. “Self-Hauler” shall mean a Person who transports and delivers his or her own Solid Waste or Solid Waste from other individuals within a member municipality for no compensation.
FF. “Separate” or “Separation” shall mean the segregation and collection of materials, apart from Solid Waste destined for Disposal, for the sole purpose of Recycling, reuse, composting, or special handling.
GG. “Sludge” shall mean any solid, semisolid, or liquid Waste generated from a municipal, commercial, or industrial wastewater treatment plant; water supply treatment plant; or air pollution control facility or any other Waste having similar characteristics and effects.
HH. “Solid Waste” shall mean any discarded garbage; refuse; trash; Recyclables; septage; Sludge; and other discarded material including solid, liquid, semi-solid or contained gaseous materials, but does not include animal manure, absorbent bedding used for soil enrichment, or solid or dissolved materials in industrial discharges that are point sources subject to permits under the Water Pollution Control Act (10 V.S.A. Chapter 47).
II. “Special Wastes” shall mean discarded major appliances (such as refrigerators, stoves, and washers), tires, untreated Regulated Medical Waste, Waste oil, lead-acid batteries, nickel-cadmium and other rechargeable batteries, mercuric oxide and silver oxide batteries, paint [excluding solidified water-based paint in quantities of less than one (1) gallon], and scrap metal larger than one (1) cubic foot or weighing more than twenty-five (25) pounds.
JJ. “State” shall mean the State of Vermont.
KK. “Transfer” shall mean to carry, remove, Transport, or shift Solid Waste from one place, Facility, vehicle, trailer, or container to another.
LL. “Transfer Facility” shall mean any facility to which Solid Waste is transferred from one vehicle, trailer, or container to another or deposited onto a floor.
MM. “Transport” shall mean any movement of Solid Waste, by air, rail, highway, or water.
NN. “Unlawful Conduct” shall mean any act, or failure to act, in violation of any provision of this Ordinance, any rule, or regulation enacted by the District, any term, condition, or restriction imposed upon, or required by, any License issued or required under the terms of this Ordinance or any applicable law or regulation relating to the Management of Solid Waste. Unlawful Conduct shall subject the violator to civil penalties as provided in this Ordinance.
OO. “Unregulated Hazardous Waste” shall mean Hazardous Waste that, prior to its delivery to a Facility, would be classified as either Household Hazardous Waste or Hazardous Waste from conditionally exempt generators, pursuant to and determined in accordance with the rules and regulations of the United States Environmental Protection Agency and the State.
PP. “Untreated Wood” shall mean any wood that has not been treated with any chemical, stain, preservative, paint, oil, or adhesive.
QQ. “Waste” shall mean a material that is discarded or is being accumulated; stored; physically, chemically, or biologically treated prior to being discarded; has served its original intended use and is normally discarded; or is a manufacturing or mining by-product and is normally discarded including, without limitation, Solid Waste.
RR. “Waste Container” shall mean a metal or plastic can or dumpster with a lid that securely fastens, a securely-tied plastic bag, or a metal roll-off box used for the purpose of storing Solid Waste destined for Disposal.
SS. “Yard Wastes” shall mean leaves, grass clippings, and similar compostable Wastes that are up to one-half inch in diameter.
ARTICLE III
REGULATION OF SOLID WASTE
3.1. Solid Waste Regulation. In accordance with Article I, Section 5(x) of the Charter, the Management of all Solid Waste, generated within the limits of the District, shall be regulated by the Board of Supervisors of the District by ordinance, rule, or regulation. The District may, at its option, by resolution, adopt regulations to provide that different categories of Solid Waste shall be delivered to different Facilities, and all Solid Waste generated within the District shall be disposed of only in and upon Facilities designated by the District, but only to the extent allowed by federal and State laws. No rules or regulations adopted pursuant to this Ordinance shall be contrary to the provisions of this Ordinance or the laws of the State governing the Management of Solid Waste. The Board of Supervisors shall implement measures to provide for public education of the requirements of this Ordinance and any other ordinance or regulations that are adopted by the District.
3.2. Collection. Except for Facilities and Self-Haulers, no Person may collect, Transfer, or Transport Solid Waste generated within the District except as provided in this Ordinance and only if such Person has obtained a valid Hauler's License from the District. Solid Waste collected may only be delivered to a Facility that is fully permitted at the time of delivery.
3.3. Disposal or Transfer. Except for Self-Haulers, Drop-Off Facilities, and Mobile Solid Waste Collection Operations, no Person shall:
A. Accept, receive, or allow the acceptance or receipt in the District of any Solid Waste destined for Disposal unless they hold a valid Transfer/Disposal Facility License and only in accordance with the terms, conditions, and restrictions contained in such Transfer/Disposal Facility License.
B. Accept, receive, or allow the acceptance or receipt in the District of any Solid Waste destined for Disposal unless it has been weighed on a District-licensed Scale.
C. Transfer from within the District to another Facility any Solid Waste destined for Disposal unless it has been weighed on a District-licensed Scale.
No Person shall accept, receive, or allow the acceptance or receipt any Solid Waste unless it is from either a Self-Hauler or a Person holding a valid Hauler’s License and only in accordance with the terms, conditions, and restrictions contained in such License.
3.4. Drop-Off Facilities. Drop-Off Facilities must obtain and abide by all required local, regional, State, and federal permits. Drop-Off Facilities must, at a minimum, accept and recycle all Mandatory Recyclables.
3.5. Processing, No Person shall accept, receive, or allow the acceptance or receipt for storage or processing in the District any Recyclables or compostable materials unless they hold a valid Processor's License and only in accordance with the terms, conditions, and restrictions contained in such Processor's License. . Exceptions; Self-Haulers, Drop-Off Facilities, Mobile Solid Waste Collection Operations, and Persons required to accept beverage containers under 10 V.S.A. Chapter 53
3.7. Separation of Mandatory Recyclables. Mandatory Recyclables shall not be disposed with other Solid Waste. Except as provided in Section 3.14 of this Article, all Generators shall Separate Mandatory Recyclables from other Solid Waste, place the Mandatory Recyclables in a Recycling Container, and handle them as specified in Section 3.8 of this Article. The foregoing shall not be intended to prohibit or prevent the reuse or Recycling by a business, institution, or industry of materials as part of such Person's normal commercial, manufacturing, or industrial process.
3.8. Placement of Recyclables and Solid Waste Destined for Disposal. Each Generator shall:
A. Separate Mandatory Recyclables from other Solid Waste, prepare and sort Mandatory Recyclables according to specifications established by the District, and place such Mandatory Recyclables in Recycling Containers.
B. Place Solid Waste destined for Disposal in Waste Containers.
C. Deliver Mandatory Recyclables and Solid Waste destined for Disposal to Facilities maintained for that purpose which are fully permitted at the time of delivery, or if the Generator’s Solid Waste is collected by a Commercial Hauler, place Recycling Containers and Waste Containers at the Generator’s Curbside or Designated Area on the scheduled day(s) for the collection of Mandatory Recyclables and Solid Waste destined for Disposal, in accordance with a schedule established by the Commercial Hauler.
3.9. Rental Property Requirements. Solid Waste generated by Persons who are renting property remains the responsibility of such Persons. However, if collection costs for Solid Waste destined for Disposal are included in the rent charged to tenants, the owners of rental property must collect or provide for the collection and recycling of Mandatory Recyclables at least once monthly.
3.10. Separation of Yard Waste. Yard Waste shall not be disposed with other Solid Waste. All Yard Waste shall be managed by one of the following alternative methods:
A. Compost and/or mulch Yard Waste on the Generator’s property, to the extent that this does not cause such material to create a health hazard or a nuisance.
B. Place Yard Waste in Facilities that manage Yard Waste and are fully permitted at the time of placement.
3.11. Separation of Special Wastes. Special Wastes shall not be disposed with other Solid Waste. Special Wastes include discarded major appliances (such as refrigerators, stoves, and washers), tires, untreated Regulated Medical Waste, Waste oil, lead-acid batteries, nickel-cadmium and other rechargeable batteries, mercuric oxide and silver oxide batteries, paint [excluding solidified water-based paint in quantities of less than one (1) gallon], and Scrap Metal larger than one (1) cubic foot or weighing more than twenty-five (25) pounds. A Special Waste shall be separated and placed in Facilities that manage that particular Special Waste and are fully permitted at the time of placement.
3.12. Separation of Unregulated Hazardous Waste. Unregulated Hazardous Waste shall not be disposed with other Solid Waste. Unregulated Hazardous Waste shall be separated and saved for HHW collection events or placed in Facilities that manage Unregulated Hazardous Waste and are fully permitted at the time of placement.
3.13. Responsibility of Generators. Any Mandatory Recyclable, Yard Waste, Special Waste, Unregulated Hazardous Waste, or Solid Waste destined for Disposal not properly separated, placed, hauled, or disposed of in accordance with this Ordinance shall remain the responsibility of the generating Person, and shall be retrieved and corrected by such Person within twenty-four (24) hours of notice thereof.
3.14. Waiver by District of Separation and/or Placement Requirements. Separation and/or placement requirements for Solid Waste may be waived by the District on a case by case basis.
3.15. No Regulation of Hazardous Waste. This Ordinance shall not regulate the storage, Disposal, collection, processing, Transfer, or Transport of Hazardous Waste to the extent that such storage, Disposal, collection, processing, Transfer, or Transport is otherwise regulated by federal or Vermont State laws, rules, or regulations.
ARTICLE IV
LICENSING
4.1. License Requirement. A license from the District is required for any Person to Manage Solid Waste generated within the District as provided in this Article. Four categories of Licenses are hereby established:
A. Hauler's License. The Hauler's License shall be required for any Person to collect, Transfer, or Transport Solid Waste generated or delivered within the District. The Hauler’s License shall also be required for member municipalities that Transport any Solid Waste. The following Persons are exempt from obtaining a Hauler’s License: 1) Self Haulers who Transport less than twelve (12) tons of Solid Waste in a calendar month; 2) Facilities; and 3) freight companies that collect recyclables which are prepared according to end market specifications and transport them directly to a fully-permitted end market or pick up non-hazardous solid waste and transport it directly to a certified Hazardous Waste Facility as defined in the Vermont Hazardous Waste Management Regulations.
B. Processor's License. A Processor's License shall be required for any Person, other than Self-Haulers, Drop-Off Facilities, Mobile Solid Waste Collection Operations, and Persons required to accept beverage containers under 10 V.S.A. Chapter 53, to accept, receive, or allow the acceptance or receipt for storage or processing in the District of Recyclables or compostable materials.
C. Transfer/Disposal Facility License. A Transfer/Disposal Facility License shall be required for any Person, other than Self-Haulers, Drop-Off Facilities, and Mobile Solid Waste Collection Operations, to accept, receive, or allow the acceptance or receipt in the District of any Solid Waste destined for Disposal.
D. Scale License. A Scale License shall be required for any Scale used to document the delivery, Transport, or shipment of Solid Waste generated or delivered within the District and destined for Disposal.
E.
4.2. Validity of License.
4.2.1 Each Hauler and Scale License shall be valid for a period not to exceed one year and the License shall expire annually on December 31.
4.2.2 Each Processor and Transfer/Station License shall be valid for a period not to exceed five years and shall run concurrent with VT Solid Waste Certification.
4.2.3 Persons meeting the applicable requirements may apply for and hold more than one License.
4.3. License Fees. The Board of Supervisors shall determine the fees for Licenses required under this Ordinance. The District and any member municipality of the District are exempt from the License fees for the Management of Solid Waste generated in their municipal operations, utilizing their own facilities, vehicles, or approved employees’ vehicles.
4.4. Licensing Process. The Executive Director will establish the requirements for each type of License. A Person seeking a License shall obtain a License application from the District office. License applications may be obtained in person during normal business hours at the District's office or may be requested by mail. The Applicant shall complete the License application under oath and shall provide the License application, together with all supporting materials requested in the License application, to the District. Member municipalities may renew Hauler’s Licenses by way of e-mail, facsimile, or telephone.
Within thirty (30) days of receipt of a completed License application, the Board of Supervisors shall make a determination on the License application, and the District shall thereafter notify the Applicant in writing whether the License application is 1) accepted, 2) conditionally accepted subject to the Applicant’s fulfillment of any number of conditions and/or requirements, or 3) denied and the reason(s) for denial. If the Board of Supervisors denies a License application, the Applicant may request a hearing before the Board of Supervisors for a new determination of whether the License application shall be accepted or denied. If a request is not so filed, the Board of Supervisor’s determination shall be deemed final.
4.5. Conditions of Licenses. As conditions to the issuance and maintenance of a License under this Ordinance, the Applicant shall demonstrate to the District's satisfaction that:
A. The Applicant has obtained, or will obtain prior to commencing activities under the License, all other necessary permits and licenses from the State and all agencies thereof, and all applicable member municipalities of the District.
B. The Applicant will comply with all rules, regulations, and ordinances pertaining to the Management of Solid Waste as enacted by the District and all applicable federal, state, and local laws, rules, and regulations.
C. The Applicant is not delinquent in payments owed to the District, and the required License fee has been paid.
D. The Applicant's employees and personnel have received the education and training necessary to conduct safely and properly the Applicant's activities under the License.
E. The Applicant's financial resources are adequate to allow the Applicant to safely and properly conduct the Applicant's activities under the License.
F. The Applicant's activities under the License will not unduly pollute any element of the environment nor impose any undue burden upon any element of the community. A permit issued by a state agency so finding shall be considered satisfactory evidence that this condition is met.
G. The Applicant for a Hauler’s License will maintain liability insurance coverage at or above the following levels for the Term of the License: $100,000 per person and $300,000 per occurrence for personal injury or death, and $100,000 per occurrence for property damage.
4.6. Designation in Hauler’s License. Each Hauler’s License shall designate the allowable destinations for all Solid Waste that is collected, transferred, or transported under the License. The Board of Supervisors reserves the right to modify any and all Licenses previously issued upon notice to the holder of such applicable License that it may not dispose of Solid Waste at a Facility if the District finds that such Facility has failed to operate in compliance with all material laws, regulations, and permits applicable to such Facility or the operator of such Facility has been found to have engaged in Unlawful Conduct.
4.7. Commercial Hauler Requirements. Commercial Haulers must abide by the following requirements:
A. Every vehicle used by the Commercial Hauler or on the Commercial Hauler's behalf in the collection, Transfer, Transport, or Disposal of Solid Waste shall be prominently labeled with an identification tag provided by the District showing that the hauler is licensed. The District shall provide to the Hauler two decals bearing the LRSWMD logo. The decals shall be affixed to the front doors on the right and left sides of the vehicle or at such other locations on the vehicle as the District may designate. The Commercial Hauler shall maintain the decals in a clean and legible condition. A license certificate shall be provided by the district which may be copied by the hauler for each vehicle in use for the purpose of hauling solid waste. Failure to label a vehicle or maintain such decals as set forth in this Section or to provide the certificate as needed shall constitute Unlawful Conduct.
B. Commercial Haulers shall pay in full all bills due the District within such period of time as the District Board of Supervisors, by resolution, policy, or rule, may designate. After the expiration of such period, payment from any Commercial Hauler with unpaid bills remaining shall be due immediately upon billing and shall be paid in cash or by certified check. The District may revoke the License of Commercial Haulers with overdue bills. Late bills will be charged interest up to the rate of one and one-half percent (1.5%) per month, compounded monthly.
C. No Commercial Hauler shall deliver or Dispose of any Solid Waste generated within the District at any Facility not designated in his or her Hauler’s License. The type, quantity, and destination of any Solid Waste delivered to a non-designated Facility must be reported by the Commercial Hauler to the District within 48 hours of such delivery.
D. No Commercial Hauler shall place or cause to be placed any Solid Waste on private property unless lawfully authorized by the owner of the property and such placement of Solid Waste on the property is lawfully permitted.
E. All vehicles used to collect Solid Waste must retain and prevent the release of all Solid Waste contained in the vehicle.
F. All Solid Waste collected by a Commercial Hauler that is destined for Disposal must be delivered to and deposited at a Transfer or Disposal Facility within forty-eight (48) hours of collection.
G. The Commercial Hauler will provide (independently or through duly licensed subcontractors) collection of Mandatory Recyclables at least once monthly to all customers for whom such Hauler provides collection of Solid Waste destined for Disposal. A Hauler may not offer and his or her customers may not subscribe to trash only collection service unless Recycling collection service is provided or subcontracted by the District or a member municipality or unless they obtain an exemption from the District. Exemptions may be provided for customers who market their Mandatory Recyclables directly to Recycling brokers, processors, or manufacturers or who self-haul their Mandatory Recyclables to Recycling Facilities that are fully permitted at the time of delivery.
H. The Commercial Hauler will provide Recycling instructions to new customers when service commences and to all customers on an annual basis at a minimum. The District will provide the Recycling instructions to the Hauler if requested.
I. No Commercial Hauler shall Dispose of Mandatory Recyclables that are properly prepared and set out for collection.
J. No Commercial Hauler shall knowingly collect for Disposal Solid Waste that contains Mandatory Recyclables, Hazardous Waste, Special Wastes, or Yard Waste. Any such Solid Waste must be rejected by the Commercial Hauler, who shall notify the Person generating such Solid Waste of the reasons for rejection. Any rejected Solid Waste shall be the responsibility of the Person who generated such Solid Waste, who must, within twenty-four (24) hours after receiving notification, retrieve such Solid Waste and properly Separate it. The Commercial Hauler shall notify the District within one business day of any Person whose Solid Waste is so rejected.
K. Recycling Containers provided by Haulers will be colored royal or medium blue or have a royal or medium blue Recycling symbol decal on the front and at least one side of dumpsters used for Mandatory Recyclables collection and on the front or top of wheeled carts or other similar Recycling Containers. The Recycling symbol decal shall have:
1) royal or medium blue printing on a white background,
2) the standard Recycling symbol at least five and one-half inches in width and five and one-half inches in height, and
3) the words “Recycling Only” in letters at least three-quarters of an inch in height.
The District will provide the Recycling symbol decals to the Hauler if requested. Recycling Containers provided by Haulers must also be clearly labeled with a list of the Mandatory Recyclables. The District will provide the Mandatory Recyclables list decals to the Hauler if requested.
All existing Recycling Containers provided by Haulers must meet the specifications in this Section within six (6) months of adoption of this Ordinance. Beginning six (6) months after adoption of this Ordinance, all Recycling Containers provided by Haulers must meet the specifications in this Section when they are put in service. The Hauler will not use blue containers for the collection of Solid Waste other than Recyclables.
4.8. Hauler’s License Reporting Requirement. The District may require that every Commercial Hauler submit to the District a monthly report, on a form provided by the District, certifying the amount of Solid Waste generated in the District that was collected, transported, transferred, or disposed of during the preceding month. The District Executive Director may modify the frequency of reporting required.
4.9. Processor’s License Reporting Requirement. Licensed Processors shall report to the District the quantities of Recyclables shipped and materials composted for Solid Waste generated in the District for the periods January 1 through June 30 and July 1 through December 31 of each calendar year while operating under the License. The required data shall be submitted within thirty (30) days of the end of each reporting period on forms provided by the District or by providing copies of reports required by the State for Solid Waste Facility certification.
4.10. Designation in Transfer/Disposal Facility License. Each Transfer/Disposal Facility License shall designate the allowable destinations for all Solid Waste that is shipped from the Facility under the License.
4.11. Transfer/Disposal Facility License Reporting Requirement. Operators of licensed Transfer/Disposal Facilities shall report to the District the quantities, types, and origins of Solid Waste accepted or received by the Facility and the quantities, types, and destinations of Solid Waste shipped from the Facility for the periods January 1 through June 30 and July 1 through December 31 of each calendar year while operating under the License. The required data shall be submitted within thirty (30) days of the end of each reporting period on forms provided by the District or by providing copies of reports required by the State for Solid Waste Facility certification.
4.12. Scale License Reporting Requirement. Operators of licensed Scales shall report the information required by the Scale License, by electronic means acceptable and compatible with the District’s computer software, to the District on a monthly basis within five (5) business days at the end of each calendar month unless the District requests the information on a more frequent basis.
4.13. Amendments to Licenses. A licensee may request to amend an existing License. The District shall promptly consider any requests for amendments within the time frame for License Applications under Section 4.4 of this Article. In order to become effective, any amendments must be approved by the District Executive Director.
4.14. Compliance with License Conditions and Requirements. All License holders shall comply with all conditions and requirements of the License. Failure to comply with License conditions and requirements shall be deemed Unlawful Conduct.
ARTICLE V
PUBLIC SAFETY
ARTICLE VI
ILLEGAL DISPOSAL
6.1. Unlawful Entry. It shall be unlawful for any Person to enter any Solid Waste Facility of the District or any member municipality when said Facility is not open nor shall they deposit, dump, or leave Solid Waste of any kind in any such Facility or adjacent to any such Facility without the express permission of the authorized operator of said Facility.
6.2. Illegal Dumping. It shall be unlawful for any Person to deposit, dump, or leave Solid Waste in any Waste or Recycling Container, other than their own, unless lawfully authorized by the owners of the Container. It shall be unlawful for any Person to deposit, dump, or leave Solid Waste on any property unless lawfully authorized by the owner of the property and such placement of Solid Waste on the property is lawfully permitted. It shall be unlawful for any Person to deposit, dump, or Dispose Solid Waste in any stream or other waters or on his or her property except as allowed and approved by the State.
ARTICLE VII
OPEN FIRES AND INCINERATORS
7.1. Burning Prohibited. Except as provided by this Article and applicable State and federal regulations, the burning of Solid Waste in the District, either by open fire or incineration, is prohibited. Exemptions may be granted by the District on a case by case basis.
7.2. Fire Permits. Within each member municipality of the District, a specific permit may be granted by the Fire Warden (of the applicable municipality) or his or her designee for the open burning within the corresponding municipality of Yard Waste and Untreated Wood provided the Fire Warden is satisfied that no hazardous condition will be created by such burning and the emission of air contaminants will not create a danger to the health and property of the citizens of the District.
7.3. Incinerators. The incineration of Solid Waste at any Facility regulated by the State, and having and abiding by all other necessary permits in accordance with all applicable laws, rules, and regulations (including all air quality permits), shall be exempt from the prohibition under this Article.
ARTICLE VIII
SOLID WASTE MANAGEMENT FEE
8.1. Establishment. In order to provide for the efficient, economical, and environmentally sound Management and regulation of Solid Waste within the District and its member municipalities, there is hereby established a Solid Waste Management Fee. The Solid Waste Management Fee is imposed on all Solid Waste generated in the District including, but not limited to, Solid Waste that is collected for Disposal and Solid Waste used as landfill daily cover within or without the District. The following categories of Solid Waste shall be exempt from the Solid Waste Management Fee: 1) Recyclables that are separated from other Solid Waste and recycled; 2) Sludge; 3) non-landfilled Untreated Wood; 4) Hazardous Waste and non-hazardous Solid Waste delivered to certified Hazardous Waste Facilities as defined in the Vermont Hazardous Waste Management Regulations; 5) Regulated Medical Waste delivered to certified Regulated Medical Waste treatment or Regulated Medical Waste Disposal Facilities; 6) other materials approved by the District. The Solid Waste Management Fee is also imposed on 1) disposed residues from Solid Waste generated and collected in the District exceeding ten percent (10%) of the incoming Solid Waste delivered to out-of-District Recycling facilities and 2) mixed Solid Waste used in the production of raw materials or products.
8.2. Amount of Fee. The amount per ton of the Solid Waste Management Fee shall be published in the District’s tariff sheet. The Board is hereby authorized to increase or decrease the amount of the Solid Waste Management Fee by resolution, provided that reasonable notice of such an increase or decrease shall be sent to all holders of Hauler’s and Scale Licenses. The District shall also publish a notice of such increase or decrease in one or more newspapers of known circulation in the District at least thirty (30) days prior to the effective date of such increase or decrease.
8.3. Waiver of the Solid Waste Management Fee. For good cause shown, the District may waive or partially waive the imposition of the Solid Waste Management Fee to provide economic incentives to comply with the provisions of this Ordinance, any other ordinance or regulations adopted by the District, or District policies.
8.4. Weighing. The District shall license one or more Scales for determining the weight of Solid Waste collected within the District for Disposal within or without the District. Any Person required to obtain a Hauler's License and any Self-Hauler delivering Solid Waste to a Transfer/Disposal Facility shall cause any vehicle that has been or is being used to collect any such Solid Waste to be weighed on a District-licensed Scale.
Weighings at any District-licensed Scale shall be performed: 1) before any Solid Waste is removed from such vehicle at a Transfer/Disposal Facility of any kind, either within or without the District, and 2) when such vehicle is empty. In the event weighing of a vehicle is performed at other than a Transfer/Disposal Facility for the Solid Waste in such vehicle, the average tare weight of the vehicle may be used in lieu of actual weighing of the empty vehicle upon approval of the Executive Director. It is presumed that all Solid Waste in every such vehicle was generated within the District. The owner or operator of each such vehicle shall have the burden to demonstrate to the District, by a preponderance of the evidence, that any Solid Waste in any such vehicle was generated outside of the District.
If weighing facilities are not readily available, or upon a showing of undue burden, a Hauler may request the approval of the District to pay the Solid Waste Management Fee based upon the estimated weight of Solid Waste such Hauler will collect within the District. Such request shall be made in a License application or an amendment to an existing License. Estimated weights shall be based upon information and evidence reasonably satisfactory to the District and shall be valid for no longer than one (1) year, or such shorter period of time as the District may designate. If weighing facilities are not readily available, or if an undue burden would be imposed on the Hauler, the District Executive Director may authorize the Hauler to use estimated weights for specific and isolated loads of Solid Waste for purposes of calculating the Solid Waste Management Fee due the District.
ARTICLE IX
PAYMENT OF FEES DUE THE DISTRICT
9.1. Payments. The District or its agent shall assess the Solid Waste Management Fee at the time each vehicle is weighed for the second time under Section 8.4 in Article VIII. The weight slips at the time of each weighing of Solid Waste shall be considered an invoice for the Solid Waste Management Fee due. Any other fees due the District from the use of Facilities owned or operated by the District or the use of other District services shall be assessed at the time the Facility or service is used.
At the time of the first such assessment, each Person required to pay a fee due the District shall be required to choose one of the following options for payment:
A. Pay the fees owed to the District in cash, other certified funds, or with a check at the time of the transaction.
B. Provide the District with authorization to make withdrawals by electronic funds transfer from a checking or savings account with a balance sufficient to cover all fees assessed each day.
C. With District credit approval, pay the invoices within such period of time as the District's Board may designate by resolution, policy, or rule.
D. Establish and maintain an escrow account or provide a letter of credit satisfactory to the District equal to the anticipated monthly bill and pay monthly statements within such period of time as the District's Board may designate by resolution, policy, or rule.
Each Person required to pay a fee to the District may request to change the option selected by notifying the District in writing ten (10) days prior to the change. The District reserves the right to refuse to allow any change if the person has been delinquent in payments or is not otherwise in compliance with this Ordinance.
The District may modify such payment policies by resolution, rule, or policy. Additionally, the District's Executive Director may permit or require the fees to be paid upon such other terms as he or she may specify.
ARTICLE X
RECORDKEEPING AND INSPECTIONS
10.1. Record Keeping. All Persons issued a License under this Ordinance shall keep accurate, daily records as will enable the District to determine compliance with the terms of this Ordinance and regulations adopted by the District and with any License.
Every Hauler shall maintain records containing at least the following information:
A. The date, time, and place that each vehicle collecting Solid Waste in the District for Disposal within or without the District was weighed, and the gross and tare weights measured at each such weighing.
B. The weight or volume of Recyclables and compostable materials collected and their destinations.
C. Each and every point of origin of Solid Waste collected in any vehicle used by the Commercial Hauler or on the Commercial Hauler's behalf and an estimate of the quantity of Solid Waste collected at each collection site.
D. Each and every destination to which each vehicle load or partial vehicle load of Solid Waste was taken for Disposal, and the weight of Solid Waste in each such load.
E. All monies and other compensation received, paid to, or charged by the Hauler for the Management of Solid Waste, the basis for the receipt, payment, or charging of such monies or other compensation, and the amount of Solid Waste with regard to which such monies or other compensation were received, paid, or charged.
F. All monies and other compensation paid by or charged to the Hauler for the Hauler's Transfer or Disposal of any Solid Waste, including without limitation all such monies and compensation constituting tipping fees, Solid Waste Management Fees, and Disposal fees, and the amount of Solid Waste with regard to which such monies or other compensation were paid or charged.
All records required to be maintained by licensees by this Article are deemed to constitute Trade Records, and are designated confidential and not public records or documents subject to the provisions of 1 V.S.A. Chapter 5 regarding access by the public, to the maximum extent permitted by 1 V.S.A. Chapter 5. The District reserves the right to disclose such records in any proceeding or action in connection with this Ordinance and any other ordinance or regulations adopted by the District or to any federal or state governmental entity as may be required by law or under governmental investigation.
All records required to be maintained by licensees pursuant to this Ordinance or any other ordinance or regulations adopted by the District, including, without limitation, all source materials, documents, or records utilized in compiling such records, and such records themselves, shall be retained by licensees for a period of at least five (5) years, except that the District's Executive Director may consent in writing to their destruction before expiration of such five-year period.
10.2. Inspections. All records required to be maintained under this Ordinance shall be available between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, upon one day's notice, for inspection and audit by the District and the District's authorized employees or agents. All Solid Waste generated within the District or deposited at any Disposal or Transfer Facility and all vehicles, Scales, Waste Containers, and Recycling Containers used in the Management of Solid Waste generated within the District shall be subject to inspection without notice by the District or its agents for purposes of determining compliance with the terms of this and any other ordinance or regulations adopted by the District or with any License granted by the District or for the purpose of data collection. Failure to allow such inspection constitutes Unlawful Conduct. Unless the District has reasonable grounds to believe that a Hauler, vehicle, Solid Waste, Waste Container, or Recycling Container is not in compliance with the terms of any applicable License, this Ordinance or any other ordinance or regulations adopted by the District, the District shall attempt to limit any inspection to no more than one hour.
10.3. False Statements and Failure to File Data. Any Person filing or causing to be filed, making or causing to be made, or giving or causing to be given any certificate, affidavit, representation, information, testimony, or statement, which is willfully false or willfully omits to state material facts, or any Person willfully failing to file data that the District, by rule or otherwise, may require shall have committed Unlawful Conduct.
ARTICLE XI
PENALTIES
11.1. Penalties for Unlawful Conduct. Any Person who engages in any Unlawful Conduct shall be subject to a civil penalty of not more than Five Hundred Dollars ($500) for each violation or, if lower, the maximum amount allowed by law. Each instance of Unlawful Conduct shall be a separate violation. In the event of other Unlawful Conduct which is deemed “continuing”, the Person who engages in such conduct shall be subject to a civil penalty of not more than Five Hundred Dollars ($500), plus not more than One Hundred Dollars ($100) for each succeeding day, or, if lower, the maximum amounts allowed by law. All penalties for Unlawful Conduct under this Ordinance shall be paid to the District.
In addition, the District may direct any Person subject to this Ordinance to abate hazards or nuisances created as a result of the Unlawful Conduct or, if such Unlawful Conduct was found to have caused contamination or damage to any land or property, to restore such land or property to the condition existing before the Unlawful Conduct.
In determining the amount of civil penalty to be ordered, the District shall consider the following:
A. The degree of actual or potential impact on public health, safety, welfare, and the environment resulting from the violation.
B. Whether the Person has cured the violation.
C. The presence of mitigating circumstances.
D. Whether the Person knew or had reason to know the violation existed.
E. The Person's record of compliance.
F. The economic benefit gained from the violation.
G. The deterrent effect of the penalty.
H. The costs of enforcement.
I. The length of time the violation existed.
11.2. Penalties for Disposal at Unlawful Facilities. Any Person who Manages Solid Waste or arranges for the Management of Solid Waste generated within the District at an uncertified Facility or at a Facility which that Person knows or, with reasonable diligence, should know is operating in a manner that does not comply with applicable laws, rules, regulations, and permit conditions, or otherwise contrary to the requirements of this Ordinance or any other ordinance or regulations adopted by the District, shall have committed Unlawful Conduct and shall be subject to a civil penalty of not more than Five Hundred Dollars ($500) per violation or, if lower, the maximum amount allowed by law. Each day that the violation continues shall constitute a separate violation of this Ordinance.
11.3. Penalties for Non-Payment of Solid Waste Management Fee. Any Person who Manages Solid Waste generated within the District and destined for Disposal without paying the Solid Waste Management Fee shall have committed Unlawful Conduct and shall be subject to a civil penalty of not more than Five Hundred Dollars ($500) per violation or, if lower, the maximum amount allowed by law. Each day that the violation continues shall constitute a separate violation of this Ordinance.
11.4. Assessments and Penalties for Late Payments. Any Person who fails to pay a fee imposed by this Ordinance on the date prescribed for payment shall be subject to any or all of the following assessments and penalties:
A. A one-time assessment equal to two and one-half percent (2.5%) of the unpaid balance of any fee.
B. Interest on the unpaid balance of any fee, accruing at an annual rate of eighteen percent (18%), or, if lower, the maximum rate allowed by law, and charged monthly.
C. A requirement that all future payments be made only in cash or with certified funds.
11.5. Determination of Solid Waste Management Fee. If any Person required to pay a Solid Waste Management Fee under this Ordinance fails to cause a vehicle to be weighed as required by this Ordinance or any other ordinance or regulations adopted by the District, fails to provide the District with documentation of any such weighing as so required, or submits any information that is incorrect or insufficient, the amount of the Solid Waste Management Fee due shall be determined by the District's Executive Director from any information available. If necessary, such Solid Waste Management Fee may be estimated on the basis of external indices, such as amounts of Solid Waste normally generated from any group of Solid Waste Generators or other factors. Notice of the determination shall be given to the Person liable for the payment of the Solid Waste Management Fee. The determination shall finally and irrevocably fix the amount of the Solid Waste Management Fee sixty (60) days after giving notice of the determination unless the Person against whom it is assessed shall apply in writing within the sixty (60) days to the District's Executive Director for a hearing or unless the District's Executive Director of his or her own motion shall redetermine the Solid Waste Management Fee. After the hearing, the District's Executive Director shall give notice of his or her determination to the Person against whom the Solid Waste Management Fee is assessed. The determination of Solid Waste Management Fees due as provided in this Section shall be in addition to any penalties that may otherwise be imposed.
11.6. No Waiver. No failure or repeated failure by the District to impose any of the penalties or requirements provided in this Ordinance shall be construed as a waiver by the District of any of its rights. Nor shall such failure or repeated failure constitute a course of conduct or dealing upon which any Person is entitled to rely.
ARTICLE XII
ENFORCEMENT AND REMEDIES
12.1. Injunction. In addition to any other remedy provided in this Ordinance or available at law or in equity, and because a violation of this Ordinance could constitute irreparable harm to the District and the public it serves, the District may institute a suit in equity for an injunction to prevent, restrain, or abate a violation of this Ordinance, any rules or regulations of the District, or the terms of any License issued by the District.
12.2. Revocation of License. Upon finding that any Person has engaged in Unlawful Conduct, the District may, pursuant to Section 12.5 of this Ordinance, revoke any License issued under the terms of this Ordinance and may deny any subsequent application for a License by such Person based on such Unlawful Conduct.
12.3. Revocation of Waste Disposal Privilege. The District reserves the right to refuse to collect Solid Waste or to refuse to allow Disposal at any Facility operated by the District or for the benefit of the District or licensed by the District where this Ordinance or any other ordinance or regulations adopted by the Board are ignored or violated.
12.4. Other Penalties. The District shall be authorized to impose any other civil penalty and fine to the maximum extent permitted by law.
12.5. Enforcement Procedures. Illegal dumping and burning violations may be prosecuted under 24 VSA §Procedures for enforcement of this Ordinance shall be as provided by applicable law and as specified below:
A. The District shall undertake an education/awareness plan to promote full compliance with, and to minimize misunderstandings of, this Ordinance. However, any violation of any part of this Ordinance or any other ordinance or regulations adopted by the District may be punishable by fine as authorized and pursuant to the procedures set forth in this Ordinance.
B. This Ordinance shall be enforced with respect to Unlawful Conduct by any Person as follows:
Notice. When the District has reasonable grounds to believe that a Person has committed Unlawful Conduct, the Executive Director shall send a written notice, by first class mail or by certified mail, return receipt requested, to such Person. If mailed by first class mail, the notice is deemed received three (3) days after the date of mailing. The notice of violation shall include:
1) A brief description of the alleged Unlawful Conduct.
2) A brief description of the potential enforcement actions that may be taken.
3) A statement that the respondent has a right to a hearing before the Board of Supervisors of the District and a description of the procedures for requesting a hearing.
Preliminary Hearing by Board of Supervisors. A Person who receives a notice of Unlawful Conduct shall be offered an opportunity for a hearing before the District's Board of Supervisors for the purpose of determining whether such Unlawful Conduct occurred. The request for hearing must be made by the Person in writing to the Executive Director of the District no later than ten (10) days after the date the notice of Unlawful Conduct is received. The Board of Supervisors shall hold a hearing within fourteen (14) days of receipt of the request for a hearing. If 1) no hearing is requested within the ten (10) days after the date of receipt of the notice of Unlawful Conduct, or 2) if a hearing is held, then within thirty (30) days of such hearing, the Board of Supervisors shall issue a proposed order pursuant to 24 V.S.A. 2297a(e). Such proposed order shall be delivered to the respondent or mailed by first class mail or by certified mail, return receipt requested. If mailed by first class mail, the notice is deemed received three (3) days after the date of mailing.
Hearing by Board of Supervisors. A Person who receives a proposed order shall be offered an opportunity for a hearing before the Board of Supervisors, provided that the request for a hearing is made in writing to the Executive Director of the District no later than fifteen (15) days after the date of receipt of the proposed order of the Board of Supervisors. If the respondent does not request a hearing, the order shall be deemed a final order and shall be effective on the date of receipt or a later date stated in the order. If the respondent does request a hearing subsequent to receipt of the order, the Board of Supervisors shall hold a hearing within fourteen (14) days of receipt of the request. After the hearing, the Board of Supervisors may withdraw or amend the order and may issue a final order, which shall be delivered or mailed to the respondent in the same manner as proposed orders and which shall be effective on the date of receipt or a later date stated in the order.
C. The District may seek enforcement of a final order in the superior court or before the environmental court.
ARTICLE XIII
POWERS OF THE DISTRICT EXECUTIVE DIRECTOR
13.1. General Powers. In addition to other powers granted to the District Executive Director by this Ordinance or otherwise, the District Executive Director may:
A. Extend, for cause shown, the time for performance of any act required to be performed by any Generator, Hauler, or Facility operator for a period not exceeding three months on such terms and conditions as he or she may require. Any extension granted shall be recorded in writing.
B. Delegate in writing to any officer or employee of the District powers that the District Executive Director may deem necessary to carry out the provisions of this Ordinance.
C. With the approval of the Board, assess, determine, revise, and adjust or readjust any fee imposed pursuant to this Ordinance.
D. With the approval of the Board, enter into agreements with any Person, including, without limitation, the owner(s) or operator(s) of any Facility or Scale, providing for the exchange or provision of information, records, or documents.
E. Inspect, audit, and require the production of any Solid Waste, vehicle, Scale, container, record, or document required to be maintained and made available to the District pursuant to this Ordinance or any other ordinance or regulation adopted by the District.
ARTICLE XIV
MISCELLANEOUS
14.1. Existing Contracts. Nothing contained in this Ordinance shall be construed to interfere with or modify unconstitutionally the provisions of any existing contract existing within the District on the effective date of this Ordinance, provided that no contract shall be renewed, and no new contract shall be entered into, that does not comply with the requirements of this Ordinance.
14.2. Construction. The terms and provisions of this Ordinance are to be liberally construed so as best to achieve and promote the goals and purposes of this Ordinance. The captions and headings in this Ordinance are inserted for purposes of convenience and reference only, and shall not be used in any way for the construction and interpretation of this Ordinance. Where required by the context, the singular shall include the plural and the plural shall mean the singular. The masculine, feminine, and neuter forms shall be interpreted interchangeably wherever the context requires. The Original Ordinance, the Original Fee Ordinance, and the Original Regulations are hereby ratified and confirmed as amended and consolidated herein. The provisions of this Ordinance are cumulative to all other laws, ordinances, and regulations heretofore passed or that may be applicable to the subject matter contained in this Ordinance.
14.3. Severability. The provisions of this Ordinance are severable. If any provision of this Ordinance, or its application to any Person, Facility, circumstance, activity, or operation is held invalid, illegal, or unenforceable by a court of competent jurisdiction, said invalidity shall not apply to any other portion of this Ordinance or its application to any Person, Facility, circumstance, activity, or operation that can be given effect without the invalid provision or application thereof.
14.4. Notice and Limitations of Time. Any notice under this Ordinance may be given by mailing it to the Person for whom it is intended in a postpaid envelope addressed to that Person at the address given in the last document filed with the District or, if no documents have been filed, to any address readily obtainable. The mailing of the notice shall be presumptive evidence of its receipt by the Person to whom it is addressed. Any period of time, which is determined under this Ordinance by the giving of notice, shall, unless expressly provided otherwise, commence to run from the date of mailing of the notice.
14.5. Effective Date. The effective date for the Original Ordinance was November 1, 1992. The effective date for the Original Fee Ordinance was November 28, 1994. The effective date for the Original Regulations was November 28, 1994.
The amendments to the Original Ordinance, Original Fee Ordinance, and the Original Regulations and the replacement of the Original Ordinance, Original Fee Ordinance, and the Original Regulations through consolidation into this Solid Waste Management Ordinance as adopted on _date____________, shall be effective on _date_____________.