§ 14-5. Penalties.

(a)

Generally. The county may exercise any of the following remedies set out in subsections (b) and (c) as authorized by North Carolina General Statutes.

(b)

Refusal of use of transfer station or county convenient sites. The solid waste director shall have the authority to deny the use of county collection and disposal facilities in the following conditions:

(1)

The vehicle does not display the proper identification.

(2)

The vehicle is hauling prohibited wastes.

(3)

The user refuses to pay the appropriate disposal fee as established by this chapter.

(4)

There is an unpaid past due balance of disposal fees due to the county.

(5)

The vehicle is hauling mixed solid waste which requires various types of handling or disposal to accommodate a single load.

(6)

The vehicle or containers are not properly covered or the load secured.

(7)

For any other violations of this chapter as directed by the county board of commissioners.

(c)

Restitution for damages; fines. The county may seek restitution for damages or extra expenses resulting from any violation of this chapter. The minimum civil penalties for violation of this chapter shall be as follows:

(1)

Scavenging. Unauthorized salvaging of discarded items from county landfill, recycling sites, green box or convenience sites.

a.

First offense—$50.00.

b.

Second offense—$100.00.

c.

Subsequent offenses—$200.00.

(2)

Illegal dumping. Illegal dumping including dumping prohibited materials or quantities of materials in the solid waste receptacles, landfill, or dumping in unapproved areas:

a.

First offense—$50.00.

b.

Second offense—$100.00.

c.

Subsequent offenses—$300.00.

(3)

Improper transportation. Improper transportation, improper vehicles or improper license by contract haulers of solid waste, or the transporting of materials which are not secured as specified in article V.

a.

First offense—$50.00.

b.

Second offense—$100.00.

c.

Subsequent offenses—$300.00.

(4)

Littering container sites. Littering at container sites includes, but is not limited to failure to place all solid waste spilled in transferring it from the transport vehicle to the container. Also includes the placing of recyclables in areas other than designated collection containers.

a.

First offense—$50.00.

b.

Second offense—$100.00.

c.

Subsequent offenses—$300.00.

(5)

Other violations. Violation of any other provision of this chapter or the state division of health services waste management rules.

a.

First offense—$25.00.

b.

Second offense—$50.00.

c.

Subsequent offenses—$100.00.

(Ord. of 3-9-93, § IX; Ord. of 10-20-97)