§ 32-212. Intent and applicability.

Section 704 of the Orange County Charter provides that in the absence of an ordinance within a municipality on a subject, the county ordinance on that subject shall govern. Section 704 of the Orange County Charter further provides that county ordinances shall be effective within municipalities and shall prevail over municipal ordinances when the county has set minimum standards protecting the environment by prohibiting or regulating air or water pollution, but only to the extent that such minimum standards are stricter than the applicable municipal standards. The intent of article V is to establish minimum standards for the construction, operation, and closure of solid waste management facilities, and to establish minimum standards governing the location of hazardous waste treatment, storage, and disposal facilities, to minimize their threat to public health and the environment, including the air and water, and to protect Orange County's natural resources. Accordingly, this article shall apply to all private contractors, private citizens, and any person, entity or group proposing to initiate or continue operation of a solid waste management facility or a hazardous waste treatment, storage and disposal facility in the unincorporated areas of Orange County, within any municipality that does not have an ordinance governing the same subject, and within any municipality with an ordinance governing the same subject but only to the extent that the minimum standards in this ordinance are stricter than the applicable municipal standards.

(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2003-02, § 2, 2-4-03; Ord. No. 2009-11 , § 2, 4-28-09)