§ 32-217. Revocation of permits; grounds; violations, penalties, revocations.

(a)

All permits issued under this article shall be revocable at any stage of the operation of the solid waste management facility upon the following grounds:

(1)

The permit was issued by mistake of law or fact;

(2)

The permit is for operations that violate the provisions of this article;

(3)

The permit was issued upon any misrepresentation by the applicant;

(4)

The operation of the solid waste management facility violates any ordinance of the county;

(5)

The operation of the solid waste management facility is not being performed in accordance with the provisions of this article;

(6)

The operation of the solid waste management facility is not being performed in accordance with the terms and conditions of the county permit or any other permit for the solid waste management facility;

(7)

The permittee is not sufficiently funding the solid waste management facility operation, closure or post closure.

(b)

The manager may revoke any permit upon finding that one (1) or more of the grounds stated above exist. With respect to the violations described in paragraphs (4), (5) and (6) above, the manager shall deliver written notice to the permit holder, which shall indicate a due date to correct the violations noted in the notice before revocation takes effect. Notwithstanding the foregoing, the manager shall have the authority to revoke a permit and order that all operations pursuant thereto immediately cease and desist in the event that the manager determines that continuing operation under the permit will result in an imminent threat to the public health, safety and welfare.

(c)

Any permit holder adversely affected by revocation may appeal to the board. Any appeal shall be filed in writing with the manager within ten (10) days after the date of permit revocation. The board shall provide an appeal hearing during any regular session of the board within twenty (20) working days after receipt of written notice of appeal by a permit holder.

(d)

Violations, penalties and remedies.

(1)

Violations of this article shall be prosecuted according to general law.

(2)

Orange County may avail itself of any other legal or equitable remedy available to it, including, without limitation, injunctive relief or revocation of any permit involved, or requiring the permittee to begin closure of site, including specifying use of mechanisms for funding closure and remediation of any contamination from the site.

(3)

Any person violating this article shall be liable for costs incurred by Orange County in connection with the enforcement hereof, including, without limitation, attorney's fees. Fees will be charged for reinspections necessary to verify correction of a violation.

(4)

Subject to the provisions on section 32-217(a) and (b), the manager will notify the operator of any violation(s) to this article and will indicate a due date to correct the violation(s). If the operator fails to correct the violation(s) by the due date, the site will be closed for business until the corrections are made to the county's satisfaction. The site will be declared abandoned ninety (90) days after such closure if the operator fails to correct the violation(s). After the site has been declared abandoned, the financial assurance will be claimed and the county will close the site.

(5)

The board may deny the renewal or issuance of a permit based on a history of repeated violations or noncompliance with this article.

(Ord. No. 99-16, § 2, 6-29-99; Ord. No. 2005-16 , § 6, 12-6-05; Ord. No. 2009-11 , § 2, 4-28-09)