Sanitary Landfill Franchise Ordinance 09/06/11Harnett
COUNTY
NORTH CAROLINA
www.harnett.org
AN ORDINANCE REQUIRING A FRANCHISE FOR SANITARY LANDFILL
WHEREAS, it has been determined by the Board of Commissioners of the County of
Harnett, that it is in the public interest and consistent with statutory requirements to make it
unlawful to operate a sanitary landfill in County of Harnett (hereinafter "Harnett County ")
without a franchise.
NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the County
of Harnett as follows:
See.1-1 Sanitary landfills franchise required.
No sanitary landfill, as defined in both Article 9, Chapter 130A, N.C. General Statues, and the
North Carolina Administrative Code, Title 15A, Chapter 13B shall be operated within Harnett
County without a franchise granted pursuant to this ordinance.
See.1-2 Term of franchise.
The term of a franchise shall be stated in the franchise, but shall not exceed thirty (30) years. At
any time during the last ten (10) years of an existing franchise the franchisee may, upon proper
application, request an extension of the franchise. In no event may the renewal term and the
remaining term of the existing franchise exceed a total of thirty (30) years.
Sec.] -3 Franchise may be exclusive.
The county may, in its discretion, grant a franchisee exclusive rights to operate a sanitary landfill
or to dispose of certain types of solid waste.
Sec. 1-4 Transfer of ownership or control.
(a) Transfer of franchise. A franchise may provide that a franchise may be transferred along
with the sale of all or any portion of a franchisee's ownership or controlling interest or
operational control, whether by sale of stock or assets, as long as the successor -in- interest
complies with Sec. 1 -4(c) below.
(b) Transfer threshold. The grantee shall promptly notify the county of any actual or proposed
change in or transfer of, or acquisition by any other party of, control of the grantee. The word
"control" as used herein is not limited to major stockholders but includes actual working control
in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred
shall arise upon the disposal by the grantee, directly or indirectly, by gift, assignment, voluntary
strong roots • new growth
sale, merger, consolidation or otherwise, of 50 percent or more, at one (1) time, of the ownership
or controlling interest in the system; or 50 percent cumulatively over the term of the franchise of
such interest to a corporation, partnership, limited partnership, trust, limited liability, or company
association, or person or group of persons acting in concert.
(c) Process. Every transfer, sale, assignment or disposition of ownership or control of the
grantee as described in subsection (b) above shall make the franchise subject to cancellation
unless and until the transferee or purchaser or successor -in- interest shall have become a
signatory to the franchise.
(d) Financial Assurance. Financial assurance, financial qualification and financial responsibility
shall be determined made by the North Carolina Department of Environment and Natural
Resources or its successor agency during state permit review.
See1-5 Contents of application.
An application for a franchise shall include the following information:
a. A statement of the population to be served, including a description of the geographic
area.
b. A description of the volume and characteristics of the waste stream
C. A projection of the useful life of the sanitary landfill.
d. An explanation of how the franchise will be consistent with the jurisdiction's solid waste
management plan required under G.S. 130A- 309.09A, including provisions for waste reduction,
reuse, and recycling.
e. The procedures to be followed for governmental oversight and regulation of the Ices and
rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of
the franchising entity.
f. A facility plan for the sanitary landfill that shall include the boundaries of the proposed
facility, proposed development of the facility site in five -year operational phases, the boundaries
of all waste disposal units, final elevations and capacity of all waste disposal runts, the amount of
waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in
tons, a description of environmental controls, and a description of any other waste management
activities to be conducted at the facility. In addition, the facility plan shall show the proposed
location of soil borrow areas, leachate facilities, and all other facilities and infrastructure,
including ingress and egress to the facility.
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Sec. 1-6 Grant of franchise.
Upon review of the application and consideration of any other information or factors it deems
relevant, the County Board of Commissioners may issue a franchise in its discretion, and may
include reasonable requirements, restrictions, or provisions it deems advisable and in the public
interest.
Sec.1 -7 Forfeiture or revocation.
(a) Grounds of revocation. The county reserves the right to revoke any franchise granted
hereunder and rescind all rights and privileges associated with the franchise in accordance with
the procedures set forth herein in the following circumstances, each of which represents a default
and breach under this chapter and the franchise grant:
(1) Grantee's default in the performance of any of the material obligations under this
chapter, the franchise or under such documents, contracts, operating agreements and
other terms and provisions entered into by and between the county and the grantee.
(2) Grantee's violation of any orders or rulings of any regulatory body havingjurisdiction
over the grantee after notice thereof, continuation or the violation without a reasonable
remedy having been initiated within 90 days of notice.
(3) Grantee's fraud or any unfair or deceptive act or practice with regard to the county or
the public under the laws of the state.
(4) Grantee's insolvency or bankruptcy
(b) Procedure prior to revocation.
(1) The county shall make written demand that the grantee comply with any material
requirement, limitation, term, condition, rule or regulation or correct any action deemed
cause for revocation. If the failure, refusal or neglect of the grantee continues for a
period of 90 days following such written demand, the county shall place its intent to
revoke the franchise upon a regular county commissioner meeting agenda. The county
shall cause to be mailed by certified mail to grantee at least 10 days prior to the date of
such meeting, a written notice of intent to revoke and the reasons therefore, and the time
and place of the meeting, notice of which shall be published by the county clerk at least
once 10 days before such meeting in a newspaper of general circulation within the
county.
(2) The County Board of Commissioners shall hear any persons interested therein, and
shall determine in its discretion, whether or not any failure, refusal or neglect by the
grantee was with just cause.
(3) If such failure, refusal or neglect by the grantee was with just cause, as reasonably
determined by the county in its sole discretion, the County Board of Commissioners shall
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direct the grantee to comply within such time and manner and upon such terms and
conditions as are reasonable.
(4) If the County Board of Commissioners shall determine that such failure, refusal or
neglect by the grantee was without just cause, then the County Board of Commissioners
shall, by resolution, declare that the franchise of the grantee shall be revoked.
Sec. 1 -8 Equal opportunity policy.
Equal opportunity employment shall be afforded by the grantee to all qualified persons, and
Grantee shall comply with all equal opportunity provisions enacted by federal, state and local
authorities.
Sec. 1-9 Notices.
All notices from grantee to the county pursuant to this ordinance and franchise shall be to the
county manager or his /her designee. Grantee shall maintain with the county throughout the term
of the franchise, an address for service of notices by mail, which address shall be noted in the
franchise agreement.
Sec.1-10 Incorporation of provisions.
The requirements of this ordinance shall be deemed to be included and binding on the grantee of
any franchise.
Duly adopted this the-4—Nay of September, 2011.
7L A IffFIS'
TIMOTI -[ . MCNEILL, CHAIRMAN
14ARNETT COUNTY BOARD OF COMMISSIONERS
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ATTEST:
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