Article 02: Implementation of Policy

118-5  Recycling Policy

It shall be the policy of the Town to collect or receive only recyclable and non-recyclable waste that is fully segregated. The Administrator or their designee shall provide guidance to users in understanding and implementing this policy. The Town reserves the right to refuse to accept waste that is not segregated into recyclable and non-recyclable categories.

118-6   Education

The Town, along with interested individuals, IWMAC, and civic organizations, will work to educate, inform, and encourage the residents and business owners on all recycling efforts. Educational outreach programs and information will be made available on the Town website, in local schools, at community events, in cooperative efforts with local businesses, and in the local media. The Town hopes for the cooperation and assistance of all residents in continuing to be a leader in recycling programs.

118-7   Unlawful Disposal; Out of Town Refuse; Unacceptable/Prohibited Materials

It shall be a violation of this Chapter for any individual, business, property owner, or other person or entity to unlawfully dispose of any solid waste in a manner not in accordance with the provisions of this Chapter, any policy or regulation established hereunder, or any applicable state statute or regulation. The dumping or disposal of any solid waste generated from any location outside of the boundaries of the Town shall also be considered a violation. The previous sentence notwithstanding, actions approved by the Director, Administrator, and approved State Permit or Operating Plan shall be exempt from the restrictions of this Section. The penalties for any violation of this Chapter will be outlined below and in Article V.

118-8   Obligation of Parties

The Town assumes no obligation under this Chapter to remove trash, recyclables, or other solid waste that is not managed and containerized properly by the property owner in conformance with this Chapter. It shall be the duty of any person owning, or having under their control, any property in the Town to keep the same free from solid waste that it may be a fire hazard, obnoxious or dangerous to the general health, safety, or welfare of the public in accordance with, among others, Chapter 72 of the Town Code.

118-9   Use of Containers by Others

The use of containers intended for the management of solid waste which are issued, or designated for use, by the Town, whether for residential or commercial purposes and found on the subject property, is limited to the property owner, tenants, lessees, or individuals with direct permission from the property owner, tenant, or lessees. No unauthorized person shall place or dispose of any solid waste in said containers and any such placement or disposal shall be considered a violation of this Chapter and subject to the enforcement provisions of Article 05. The containers issued by the Town for the automated curbside collection program shall not be defaced, altered, exchanged, or used by any individual for any other purpose other than the collection of recyclables or trash generated from within the Town at their designated residence.

118-10 Anti-Scavenging

Unless otherwise approved by the Administrator or Director, all acceptable solid waste and recyclable materials that have been placed on the curbside for collection or brought to the Transfer Station are considered to be the property of the Town and no scavenging of the materials is permitted. This section notwithstanding, the proper management of the materials placed on the curbside for collection is the responsibility of the property owner, directly or through any tenant or lessee, as outlined in 118-8 above, and Article III of this Ordinance.

118-11 Policies and Procedures

The Director shall have the authority to create, and modify as needed, policies and procedures necessary and appropriate for the effective implementation of the provisions of this Chapter. These policies or procedures are intended to address specific sections of this Chapter outlined below, or the general management and disposal of the overall solid waste stream, and shall apply to the curbside collection program or the operation of the Transfer Station. This authority is deemed necessary due to the variety of factors including, but not limited to, economic conditions, any changes to applicable state or federal law or regulation that affects the disposal of solid waste and recyclables, or the availability of end markets and/or disposal sites for either solid waste or recyclable materials.

118-12 Enforcement

The violation of any provision of this Chapter shall be considered a violation of the Codes of the Town of Durham and may result in the issues of notices, fines, penalties, or prosecution through the appropriate court of jurisdiction. Each violation shall be considered a separate offense and each day a violation exists shall be a separate violation. The Town shall seek compensation from the violator for the costs of any prosecution associated with the enforcement of this Chapter. Per Town Code Chapter 1, Article II: General Penalties, the fines shall not exceed those outlined in Article V: Penalty and Prohibition.  The Director reserves the right to issue Courtesy Notices intended to inform the property owner that certain materials are not authorized for pick-up or disposal. If two (2) Courtesy Notices are issued to an individual property within the previous six (6) months, then the next violation shall result in the issuance of a Formal Notice of Non-compliance from the Town’s Code Enforcement Division. This foregoing sentence notwithstanding, the Town’s Code Enforcement Division is authorized to issue formal notices at any point in time if deemed as an appropriate enforcement action. Following the issuance of any formal Notice of Non-compliance, the Director is authorized to order a discontinuance of the curbside pick-up for the subject property or to prohibit the offending individual from utilizing the Transfer Station. If such an order is issued no curbside collection service or privileges for the Transfer Station shall be restored until the offender meets with the Director or his/her designee to discuss the violations and establish a mechanism to restore necessary compliance, and the Director is satisfied that a workable solution is achieved.

The Town reserves the right to conduct visual and physical audits of curbside containers, any solid waste entering/leaving the Transfer Station, and any other waste before collection for the purpose of reviewing rates of recycling and whether individual properties are in compliance with this Chapter.