TITLE
title
SET A PUBLIC HEARING DATE OF MAY 16, 2019 TO AMEND THE SOLID WASTE ORDINANCE REGARDING THE TERM OF FRANCHISE GRANTED FOR SANITARY LANDFILLS
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SPONSOR
sponsor
J. Leslie Bell (Lorelei Elkins and Clyde Harding)
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BACKGROUND
background
Guilford County’s Solid Waste Ordinance was updated and subsequently adopted by the Board of Commissioners on September 20, 2018 and became effective on November 1, 2018. NCGS 130A-294 stipulates the duration of the franchise term for which life-of-site of the landfill is not to exceed 60 years (attached). Proposed new text is reflected by shading and deleted text by strikethrough.
Staff requests amending the current Solid Waste Ordinance Sec. 15.5-5. - Franchise required [for sanitary landfill] (d) Term as indicated below and in accordance with NCGS:
(d) Term. A franchise shall be for a term determined by the board, not greater than ten years for any privately owned sanitary landfill. The term of the franchise for any landfill owned by a government entity shall be not greater than 20 years. The term of the franchise shall be in accordance with NCGS 130A-294. A franchise shall not be transferable in any manner whatsoever, by stock transfer, lease or otherwise.
(e) Compliance with franchise and applicable laws. Any person granted a franchise to operate and maintain a sanitary landfill shall be subject to the provisions and requirements of the franchise, this ordinance and all applicable laws including NCGS 130A-294.
(f) Enforcement and revocation. Failure to comply with franchise requirements or applicable laws shall subject franchisee to revocation of the franchise, following notice and opportunity to be heard, and/or cause the franchisee to be subject to any other enforcement method or penalty allowed by law, including the Guilford County Code.
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BUDGET IMPACT
budget impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
requested action
Set a public hearing for May 16, 2019 to amend the Guilford County Solid Waste Ordinance in accordance with NCGS 130A-294 regarding the term (duration) of franchise granted for sanitary landfills.
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