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BOOK 20 PAGE 8~S <br />LEE COUNTY <br />Committed Today for a Better Tomorrow <br />LEE COUNTY LANDFILL FRANCHISE ORDINANCE <br />THAT WHEREAS, pursuant to North Carolina General Statute 130A-294, 153A-121, <br />153A-46, 153A-134 and 153A136, Lee County has the authority to regulate the storage, <br />collection, transportation, use, disposal, and other disposition of solid wastes within its <br />boundaries, and under North Carolina General Statute 130A-294 (b1)(3) has the statutorily <br />mandated duty to adopt a franchise ordinance prior to an applicant filing for a new permit, the <br />renewal of a permit, or a substantial amendment to a permit for a sanitary landfill situated within <br />its geographical boundaries; and <br />WHEREAS, in order to protect the health, welfare and safety of the citizens of Lee <br />County, and to also comply with said legislative mandate, the Lee County Board of <br />Commissioners has found it necessary and convenient to establish the requirements for <br />disposal of solid wastes in those sanitary landfills over which it exercises jurisdiction and to <br />grant special privileges in the form of franchises for the creation and/or operation of such <br />landfills, including but not limited to pre and post closure requirements applicable thereto. <br />NOW THEREFORE, the Board of Commissioners for the County of Lee enacts: <br />SECTION 1: DEFINITIONS <br />(A) Unless a different meaning is required by the context, the following definitions shall <br />apply throughout this Ordinance: <br />(1) "BOARD" means the Board of Commissioners for the County of Lee. <br />(2) "CERCLA/SARA" means the Comprehensive Environmental Response, <br />Compensation, and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, 42 <br />U.S.C. 9601 et seq., as amended, and the Superfund Amendments and <br />Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613, as amended. <br />(3) "CLOSURE" means the cessation of operation of a solid waste management <br />facility and the act of securing the facility so that it will pose no significant threat <br />to human health or the environment. <br />(4) "COMMERCIAL" when applied to a landfill, means a facility that accepts waste <br />from the general public or from another person for a fee. <br />(5) "CONSTRUCTION or DEMOLITION" when used in connection with "waste" or <br />"debris" means solid waste resulting solely from construction, remodeling, repair, <br />or demolition operations on pavement, buildings, or other structures, but does not <br />include inert debris, land-clearing debris or yard debris. <br />