Sec. 1. - Definitions.

[The following words, terms and phrases, as used in this policy, shall have their given meanings:]

City. The City of Winston-Salem, North Carolina, or any duly authorized officials acting in behalf of the city.

Commercial scrap tire generator. Those persons or businesses that through the normal course of business (auto repair, tire dealer, etc.) generate more than five (5) tires per month.

Commission. The Winston-Salem/Forsyth County Utility Commission.

Composting facility. Designated sites for the disposal of leaves generated by city residents.

County. Forsyth County, North Carolina, including the area within the corporate boundaries of the City of Winston-Salem.

Customer. The person responsible for the payment of solid waste disposal bills.

Department. The North Carolina Department of Environment, Health and Natural Resources.

Designated facility. A permitted solid waste disposal facility or facilities serving a designated geographic area. All municipal solid waste generated within said designated geographic area that is placed in the waste stream for disposal shall be collected, transported and disposed of at said solid waste disposal facility.

Designated geographic area. An area designated by the department as a specified geographic area. All municipal solid waste generated within the area and placed in the waste stream for management shall be delivered to the designated facility.

Demolition landfill. A solid waste disposal facility designated by the department specifically for the disposal of stumps, brick, shingles and other types of inert debris.

Demolition waste. General building and demolition debris to include the following: concrete, brick, wood, sheet rock, duct work, piping and other types of inert debris.

Household hazardous waste. Those wastes generated by households that have hazardous characteristics (toxic, corrosive, ignitable, reactive). These wastes include but are not limited to paints, pesticides, cleaners, batteries, products containing mercury, waste oil, antifreeze, thinners, strippers, corrosives and solvents.

Landfill. A solid waste management facility or part of a solid waste management facility which meets the requirements of the regulations set forth in 40 C.F.R. Part 258.40 (Subpart D), enacted pursuant to the Resource Conservation and Recovery Act and [in] which municipal solid waste is placed. Landfill does not include a treatment facility, surface impoundment, hazardous waste storage facility or a surface storage facility.

Landfill permit. A free entry permit for City of Winston-Salem residents only. Permit is good for two (2) trips per calendar year, beginning on the issue date.

Municipal solid waste. Any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. Municipal solid waste does not include hazardous waste, sludge or solid waste from mining or agricultural operations as defined in Chapter 130A of the General Statutes of North Carolina.

Sanitary landfill. A landfill designated for the disposal of garbage and refuse from households and commercial entities, permitted by the department and having a solid waste management plan in place.

Sanitary waste. Garbage, refuse and wastewater treatment sludge generated from households and commercial entities.

Solid waste disposal facilities. Any and all facilities owned, operated or designated by the commission, permitted by the department, if applicable, and used in the management, processing or disposal of municipal solid waste, including but not limited to sanitary landfill, demolition landfill, yardwaste facility, and composting facilities.

Solid waste management plan. A document that outlines the protocols for solid waste management services and the closure and post-closure care of a landfill.

Solid waste management service. General operations of the landfill to include burying, compacting and covering waste.

Tare weight. The empty weight of a vehicle.

Tipping fee. Rates, fees and charges imposed by the commission for the use of the solid waste disposal facilities whether such rates, fees and charges are imposed at the time of entry or through other billing mechanisms.

White goods. Appliances such as refrigerators, washer and dryers, water heaters, ovens and freezers.

Yardwaste facility. A disposal facility that is permitted by the department and specifically designated for limbs, brush, grass clippings and other types of yardwaste material.

(Res. of 7-9-2007)

Sec. 2. - Provisions administered by the assistant city manager for public works.

The assistant city manager for public works or his designee shall administer the provisions of this resolution subject to the policies of the city and the commission.

Sec. 3. - Liability of city and commission to landfill customers.

Neither the city or commission shall be liable to customers of solid waste disposal facilities for the failure to provide solid waste disposal services for any purpose or under any conditions.

Sec. 4. - Trespassing on property designated as solid waste disposal facility.

Any person who hunts, fishes or otherwise enters upon in any manner whatsoever and without permission or as permitted by this resolution, any portion of land owned, leased or controlled by the city or the commission for the purpose of providing solid waste disposal facilities, shall be considered a trespasser whether such property is located within or without the corporate limits. The city may pursue all civil or criminal remedies available.

Sec. 5. - Defacing of, damage to or obstructing access to solid waste disposal facilities.

No person shall obstruct access to, deface, damage, tamper with or work on any property or building designated as or part of a solid waste disposal facility without prior permission from the assistant city manager for public works or his designee. Any person who violates this provision shall be liable to the city for all costs of any nature resulting from and/or attributable to such action. The city may pursue all civil or criminal remedies available.

Sec. 6. - Salvaging of items or material from solid waste disposal facilities.

No person, including, but not limited to customers or city employees, shall salvage or otherwise take items or materials from any solid waste disposal facility, unless authorized by the commission, regulations and permit conditions. Any person who violates this provision shall be liable to the city for all costs resulting from or attributable to such action. The city may pursue all civil or criminal remedies available.

(Res. of 7-9-2007)

Sec. 7. - Authority of the city and the commission to refuse entry to disposal facilities.

(a)

The superintendent, utilities division, may order entry to solid waste disposal facilities and/or solid waste disposal service temporarily or permanently discontinued for the following reasons:

(1)

Nonpayment of landfill charges.

(2)

Fraudulent use of landfill permit.

(3)

Disposing of unauthorized waste.

(4)

Disposing of waste not generated in Forsyth County or from other counties pursuant to agreement.

(b)

No person other than the assistant city manager for public works, or the superintendent, utilities division, or their designees shall reinstate solid waste disposal services or permit re-entry to solid waste disposal facilities. Any person who violates this provision shall be subject to all penalties, civil and criminal, provided by law.

(c)

Before solid waste disposal service is terminated for one or more of the violations listed above, the superintendent, utilities division, or his designee shall give written notice to the customer and if applicable, to his contractor, agent employee or agent, that such service/entry will be terminated on the eleventh day after the notice is mailed. Such notice shall contain information relating to:

(1)

The nature of the violation, any fines/charges, if applicable, and in the case of nonpayment, the amount of the delinquent account.

(2)

The right to appeal to the assistant city manager for public works or his designee to consider the alleged violation or liability for the delinquent account. The appeal must be in writing and must be received by the assistant city manager for public works within ten (10) days of the date of the notice of intent to terminate. If the appeal is not timely made, any right to appeal is waived.

(d)

If no appeal is received within the ten (10) days above described, the termination will become immediately effective.

(e)

Customers that disagree with the decisions made by the assistant city manager for public works can appeal by filing a written request within ten (10) days of such decision to the city secretary. If the customer disagrees with the assistant city manager for public works' decision and files as stated above, the customer's situation will be decided upon by a committee composed of the city/county utility commission members. The com mittee members will be chosen by the city/county utility commission chairman. The committee composed of the city/county utility commission members will make a formal report to the full utility commission of its findings and the decision on the customer's appeal. The committee's decision shall be final. Fines or penalties approved by the city/county utility commission are not subject to appeal.

Secs. 8—20. - Reserved.