§ 32-159. Manner of disposal.

(a)

It shall be unlawful for any consumer, or other person owning property entitled to full solid waste and recycling collection service, to dispose of residential waste materials and designated recyclables by any means or method other than through collection by a residential franchisee; however, this article shall not preclude a consumer from occasionally transporting only residential waste materials and designated recyclables generated on their own property to an appropriate disposal or recycling site. Garbage, yard waste and designated recyclable materials shall be placed for collection in separate containers. It shall be unlawful for any consumer to mix or commingle garbage, yard waste, designated recyclable materials or other waste not authorized for collection in accordance with the full solid waste and recycling collection service. Violators may be prosecuted notwithstanding knowledge or intent.

(b)

It shall be unlawful for all persons, other than consumers, to dispose of solid waste by any means other than through collection by a commercial licensee. It shall also be unlawful for all persons, other than consumers, to make recyclable materials available to anyone other than a registrant, or those persons whose primary business is freight transport involving the intermittent transport of recovered materials or voluntary and nonprofit organizations or through a municipality for that solid waste and recovered materials that are generated within that municipality. This subsection shall not, however, restrict the registrant's right to market recyclables to another person or preclude a commercial generator from transporting solid waste and/or recovered materials originating from its business to an appropriate disposal and/or recycling site. It shall be unlawful to mix solid waste with yard waste. Commercial licensees or persons who violate this provision may be subject to prosecution.

(c)

It shall be unlawful for any person to burn any solid waste on private or public property other than disposal sites approved by the board. Open burning permits for trash may be allowed if in compliance with state and county regulations.

(d)

It shall be unlawful for any franchisee, licensee, or other person to dispose of solid waste in the county at any site, public or private, that is not an appropriate disposal site as defined in this article. It shall be unlawful for any franchisee, licensee, registrant or other person to deposit recyclable materials in the county at any site, public or private, that is not a registered recycling facility, unless the facility is exempted under the provisions of section 32-177.

(e)

The director shall have the authority to determine whether an imminent public health, safety or welfare problem exists in Orange County at an appropriate disposal and/or recycling site, or at a commercial generator's site or other solid waste disposal site. The director shall also have the authority to determine what remedial measures are appropriate, which measures may include mandating that a commercial generator receive commercial service. Further, the director shall have the authority to inspect, during normal working hours, any commercial generator's site, any appropriate disposal and/or recycling site, or any other solid waste disposal site to confirm that such sites are being operated in accordance with the requirements of this article. The director shall provide reasonable advance notice of the director's intent to inspect, and the reasons for the inspection unless the director declares in writing that an immediate threat to the public health, safety and welfare exists. The director shall announce the director's presence on the site to the person in charge, and shall conduct the inspection so as not to interfere with normal business operations at the site, and so as not to violate any rights of business trade secret confidentiality with regard to the business being inspected.

(Code 1965, § 15-46; Ord. No. 85-17, § 6(a), (b), (e), 6-10-85; Ord. No. 90-14, § 4, 6-25-90; Ord. No. 91-28, § 2, 12-17-91; Ord. No. 94-18, § 5, 8-30-94; Ord. No. 97-23, § 1, 12-16-97; Ord. No. 2008-03 , §§ 1, 2, 2-5-08)