Article V. ENFORCEMENT/CITATIONS/PENALTIES

§ 1-11-88. Penalties.

Latest version.

Enforcement personnel are empowered to issue citations for penalties up to two hundred fifty dollars ($250.00). Citations issued for penalties for greater amounts must have the prior approval of the solid waste director.

(1)

Bagging.

Failure to properly bag residential trash before placing it in the approved receptacle could result in fines equal to the market cost of the trash pick-up (estimated to be forty dollars ($40.00) per month). For the first offense, a warning notice will be affixed to the receptacle. For a second offense, a letter will be sent from the county's solid waste officer. After the third offense, the customer will be billed for the past three (3) month's cost of collection. Each subsequent offense will compound an extra month to the billing.

Persons found to be in violation of the provision of this article may be allowed to perform remedial cleanup work in compliance with article II in lieu of prosecution, injunctive action, or civil penalties when in the discretion of the county solid waste director.

Enforcement personnel stated may issue a warning citation without fine in the case wherein the opinion of the officer a violation of this chapter may be remedied.

(2)

Burning.

Enforcement response.

Verbal warnings or informational letter is an appropriate enforcement response to an open burning violation where the identity of the violator cannot be positively made or otherwise sufficiently documented and for cases involving first-time individual burners of non-synthetic material.

A verbal warning or informational letter is appropriate for a suspected violation, while an notice of violation without further enforcement action is appropriate for any documented violation. If only a verbal warning is given to the violator, enforcement personnel shall note the warning and the date in the inspection report which can later be used to document prior knowledge of the open burning rules in case of a repeat violation.

Note that 15A NCAC 2D .1900 provides for legal means of burning land clearing debris and other non-synthetic material. This enforcement response guidance and penalty schedule applies strictly to illegal burns.

Burning penalty schedule.

Penalty Code	Violation	Individual	Business or Contractor
FIRST-TIME INDIVIDUAL BURNERS OF NON-SYNTHETIC MATERIAL
	• Typical burn barrel or small pile of material • Initial violation—no demonstrated knowledge of the open burning rules • Individual violator (not appropriate for business, company, or contractor)	No penalty	Not applicable
For first-time individual burners of non-synthetic material, an appropriate enforcement response is an informational letter, NOV, or verbal warning given to the violator along with a copy of the rules and a "Don't Get Burned" pamphlet. The "no penalty" response is only appropriate if there are no prior violations, no recorded warnings, and no demonstrated knowledge of the open burning rules on the part of the violator.
CATEGORY 1. VEGETATION AND NON-SYNTHETIC MATERIAL
1.1OB	Minor. Typical burn barrel or small pile of material	$125.00	$500.00
1.2OB	Significant. Total amount of material burned did not exceed approximately two (2) truck loads	250.00	750.00
1.3OB	Excessive. Total amount of material burned exceeded approximately two (2) truck loads	500.00	1,500.00
This category applies to burns of vegetative and non-synthetic material, including burns of land clearing debris generated off site.
CATEGORY 2. SYNTHETIC MATERIAL
2.1OB	Minor. Typical burn barrel or small pile of material	250.00	750.00
2.2OB	Significant. Total amount of material burned did not exceed approximately two (2) truck loads	500.00	1,000.00
2.3OB	Excessive. Total amount of material burned exceeded approximately two (2) truck loads	750.00	2,000.00—3,000.00
2.4OB	Burning tires. Burns of up to approximately twenty (20) tires. (Penalty amount for more than approximately twenty (20) tires are at the discretion of the director/deputy director.)	750.00	2,000.00
This category applies to all burns in which there are synthetic materials. Violation 2.1 is appropriate for minor amounts of vinyl siding, PVC pipe, asphalt shingles, and the like.
CATEGORY 3. BURNING FOR PROFIT
3.1OB	Vegetative material where the total amount of material did not exceed approximately two (2) truck loads.	500.00	1,000.00
3.2OB	• Initial violation for burning synthetic material for profit • Less than approximately two thousand (2,000) lbs of synthetic material burned • Vegetative material where the total amount exceeded approximately two (2) truck loads or more • No documented environmental impact	750.00	2,000.00
3.3OB	• More than two thousand (2,000) lbs of synthetic material burned • Significant environmental impact	1,000.00—1,500.00	3,000.00
This category applies to burns motivated by profit or cost savings. Examples include burning for the purpose of reclaiming salvageable materials such as coated wire; operating a de facto disposal site for other than self-generated wastes (or for fee), and bringing off-site land clearing debris to the burn location for disposal through burning. The amount of material being reclaimed or disposed may be considered an aggravating or mitigating factor.
CATEGORY 4. BURNING BUILDINGS
4.1OB	No appreciable amount of asbestos insulation or siding	750.00—1,000.00	1,500.00—2,000.00
4.2OB	Asbestos siding not removed or an appreciable amount of asbestos contained in building structure	1,250.00—1,500.00	2,500.00—3,000.00
4.3OB	Standing structure larger than a residential house, mobile home, trailer home; multiple structures	Normal track	Normal track
This category applies to burning standing structures not approved for fire training. This category includes mobile homes, trailer homes, and other buildings consisting of more than a simple shed or small out-building. This category also includes the burning of material in the amount and character of a house (such as the demolished remains of a house).
CATEGORY 5. SPECIAL HARDSHIP OR OTHER EXTENUATING CIRCUMSTANCE
5.1OB	• Documented economic or personal hardship preventing payment of the full penalty amount • Extraordinary effort or expense is contributed by the violator in extinguishing an active fire or in cleanup of the open burning residual	0.00—100.00 plus investigative costs	0.00—100.00 plus investigative costs
Only use this category in special situations, determined on a case by case basis, where the violation cannot be dismissed but the least amount of penalty is appropriate.
CATEGORY 6. LAND CLEARING CONTRACTOR KNOWINGLY BURNS TO SAVE COSTS
6.1OB	• Contractor has been provided copy of rules or has otherwise been made aware of the open burning rules by certified mail receipt or hand delivered to responsible party by DAQ staff (e.g., sheriff's office, forest ranger, or etc.) • Verifiable charges and costs typical for area and type of material and all estimates and calculations are documented in the enforcement file	Total assessment calculated in response to the full amount of estimated costs avoided in hauling and disposal of land clearing debris. Enforcement response may include assessing per burn pile.
Use this category for land clearing contractors who knowingly burn after documented notification, when the burning is done to save hauling and disposal costs. This documentation can consist of multiple prior violations and/or assessments of a similar nature.

If the violator does not appear in response to the above described citation, the officer shall forthwith have a complaint entered against such person and secure and issue a warrant for his or her arrest. The arrest shall be for the violation of the section of this chapter charged in the citation and upon conviction the defendant shall be subject to the penalties prescribed

Adjustment factors.

Aggravating and mitigating penalty adjustment factors may be applied to increase or reduce the assessment amount listed in the open burning penalty tree. The penalties do not include investigative or inspection costs, which for a typical open burning case range from two hundred dollars ($200.00) to three hundred dollars ($300.00). Investigative or inspection costs can be higher if more than one site visit is required or case development is complicated.

Cost savings in demolition, hauling, or disposal of structures, land clearing debris or other material can often exceed the recommended penalty amount. If clear documentation of the cost of non-compliance with the open burning regulations is available, then assessing the amount listed for the violation plus the amount of costs saved through non-compliance is an appropriate enforcement response.

Repeat violations. 2x or 3x base penalty for the second and third assessment. After the third assessment, the penalty amount is "beyond" the penalty tree and is determined at the discretion of the solid waste director.

Demonstrated knowledge. 1.5x base penalty for initial violation with clear documentation that demonstrates the violator's knowledge of the open burning rules.

(3)

Burying/submersing.

Burying in the earth or submersing in a body of water any solid waste material in quantity of less than five hundred (500) pounds of non-hazardous waste that is not permitted by proper and legal solid waste management and disposal regulations, and practices.

1st offense ..... $100.00

2nd offense ..... 200.00

3rd offense and subsequent violations ..... 400.00

Any violation of this article for a commercial purpose, hazardous waste or a quantity greater than five hundred (500) pounds.

1st offense ..... $500.00

2nd offense ..... 1,000.00

3rd offense and subsequent violations ..... 2,000.00

To ensure proper disposal of solid waste and that the material is not relocated to an unapproved collection site. The violator shall show proof of proper disposal of material that is in violation by receipt or some form of verification from the attendant operating an approved solid/hazardous waste collection site. Failure to show proper proof of disposal shall result in a separate offense which the violator will have to pay three (3) times the cost of the county landfill tip fee for that approximated weight of the material + one hundred dollars ($100.00) for failure to comply to the articles set forth.

When the county determines that an open dump exists, the county shall notify the owner or operator of the open dump of applicable requirements to take remedial action at the site of the open dump to protect public health and the environment. If the owner or operator fails to take remedial action, the county may record a notice of open dump in the office of the register of deeds in the county or counties where the open dump is located. Not less than thirty (30) days before recording the notice of open dump, the county shall notify the owner or operator of its intention to file a notice of open dump. The county may notify the owner or operator of its intention to file a notice of open dump at the time it notifies the owner or operator of applicable requirements to take remedial action. An owner or operator may challenge a decision of the county to file a notice of open dump by filing a contested case under G.S. ch. 150B, art. 3. If an owner or operator challenges a decision of the county to file a notice of open dump, the county shall not file the notice of open dump until the contested case is resolved, but may file a notice of pending litigation under G.S. ch. 1, art. 11. This power is additional and supplemental to any other power granted to the county. This subsection does not repeal or supersede any statute or rule requiring or authorizing record notice by the owner.

The county shall file the notice of open dump in the office of the register of deeds in substantially the following form:

"NOTICE OF OPEN DUMP

The Brunswick County Solid Waste and Recycle Department has determined that an open dump exists on the property described below. The County provides the following information regarding this open dump as a public service. This Notice is filed pursuant to G.S. 130A-301(f).

Name(s) of the record owner(s): _____

Description of the real property: _____

Description of the particular area where the open dump is located: _____

Any person who has questions regarding this Notice should contact the Brunswick County Solid Waste and Recycle Department. The contact person for this Notice is: ______________ who may be reached by telephone at ______________ or by mail at ______________. Requests for inspection and copying of public records regarding this open dump may be directed to ______________ who may be reached by telephone at ______________ or by mail at ______________.

_____

Solid Waste and Recycle Director by ________________

Date: _________."

The description of the particular area where the open dump is located shall be based on the best information available to the county but need not be a survey plat that meets the requirements of G.S. 47-30 unless a survey plat that meets those requirements and that is approved by the county is furnished by the owner or operator.

The register of deeds shall record the notice of open dump and index it in the grantor index under the name of the record owner or owners. After recording the notice of open dump, the register of deeds shall return the notice of open dump to the county in care of the person listed as the contact person in the notice of open dump.

When the owner removes all solid waste from the open dump site to the satisfaction of the county, the county shall file a cancellation of the notice of open dump. The cancellation shall be in a form similar to the original notice of open dump and shall state that all the solid waste that constituted the open dump has been removed to the satisfaction of the county. The cancellation shall be filed and indexed in the same manner as the original notice of open dump.

(4)

Littering.

The citations issued pursuant to this section shall specify a fine in the amount of fifty dollars ($50.00) for unintentional littering and two hundred fifty dollars ($250.00) for the intentional littering of fifteen (15) pounds or less of litter for each individual and five hundred dollars ($500.00) for more than fifteen (15) pounds of litter for each individual.

To ensure the proper disposal of solid waste (intentional litter) and that the material is not relocated to an unapproved collection site. The violator shall show proof of proper disposal of material that is in violation by receipt or some form of verification from the attendant operating an approved solid/hazardous waste collection site. Failure to show proper proof of disposal shall result in a separate offense which the violator will have to pay three (3) times the cost of the county landfill tip fee for that approximated weight of the material + one hundred dollars ($100.00) for failure to comply to the articles set forth.

Enforcement personnel may proceed with criminal charges as described in provisions of G.S. 14-399.

(5)

Landfill/county solid waste facility practices.

Persons found to be in violation of the provision of this article may be allowed to perform remedial cleanup work in lieu of prosecution, injunctive action, or civil penalties when in the discretion of the county solid waste director.

Use denied. The county solid waste director may deny any person or business entity the use of county disposal areas for a period of up to one week for failure to comply with ordinances or regulations relating to the county disposal areas. The director may deny any person or business entity use of the county disposal areas for failure to pay the fees prescribed herein, until those fees have been paid.

(6)

Solid waste collection and disposal.

The citations so issued to this provision of this section shall specify a fine in the amount of one hundred dollars ($100.00) for the first offense for each individual, two hundred dollars ($200.00) for the second offense for each individual, and four hundred dollars ($400.00) for each subsequent offense for each individual.

(Ord. of 10-2-06(3), art. X)

                    
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