Article II - Collection and Recycling
§ 95-9.  Purpose; Statutory Authority; Jurisdiction.  
A.
The purpose of this article is to protect human health and the environment by regulating 
the storage, collection, transportation and disposal of solid waste in Henderson County, to
provide environmentally sound, cost-efficient solid waste disposal and to provide for the 
safe operations at the County facility.
B.
This article is adopted under the authority of N.C.G.S. 153A-121, 153A-132.1, 153A-
136, 153A-274 through 153A-278 and 153A-291 through 153A-293 and 130A-309.09A, 
130A-309.09B, 130A-309.09C and 130A-309.09D. 
C.
Unless otherwise indicated, the ordinance applies to publicly owned municipal solid 
waste management facilities located in Henderson County and to all unincorporated areas
of the County. Additionally, this article shall apply to those incorporated areas of any city
or town specifically requesting its enforcement by Henderson County upon the consent of
the Henderson County Board of Commissioners. (In making such a request, the city or 
town must comply with the requirements of N.C.G.S. 153A-122.) 
§ 95-10. Administration and Enforcement. 
The Henderson County Board of Commissioners shall administer, interpret and enforce the provisions of
this article by and through the Solid Waste Director or his representatives. For the purpose of this article,
"representative" shall mean any employee within the Solid Waste Department unless otherwise designated
by this article.  
§ 95-11. Title. 
This article shall be known and be cited as the "Henderson County Solid Waste Ordinance."  
§ 95-12. Word Usage and Definitions.  
A.
For purposes of this article, the following terms, phrases, words and their derivatives 
shall have the meanings given herein. When not consistent with the context, words used 
in the present tense include the future tense; words used in the plural include the singular,
and words in the singular include the plural. The word "shall" is always mandatory and 
not merely directive.  
B.
The following terms are defined for purposes of this chapter:  
(1)
Board - The Board of Commissioners of Henderson County, North Carolina.   
(2)
Bulky Waste - Large items of solid waste, such as white goods, furniture 
(excluding cushions), large auto parts, trees, large blocks of concrete and 
asphalt, stumps and other oversize waste whose large size precludes or  
complicates their handling by normal solid waste collection, processing or 
disposal methods.   
(3)
Civil Penalty - A monetary fine assessed according to a schedule adopted by the 
Henderson County Solid Waste Department due to a violation of this article.   
(4)
Collector - Any person who picks up or hauls solid waste or recyclable materials
for a fee.   
(5)
Commercial Establishment - Any retail, wholesale, institutional, religious, 
governmental, service establishment or other nonresidential establishment which
may generate garbage, litter or other solid waste.   
(6)
Commission - The Environmental Management Commission.   
(7)
Composting  - The controlled decomposition of organic waste by naturally 
occurring bacteria, yielding a stable, humus-like, pathogen-free final product.   
(8)
Construction or Demolition - When used in connection with waste or debris 
means solid waste resulting solely from construction, remodeling, repair or 
demolition operations on pavement, buildings or other structures.   
(9)
Corrugated Cardboard - Non waxed paper boxes and other thick layered brown 
paper, formed with grooves and ridges, used in shipping or in which shipped 
goods are received.   
  
(10)
County - Henderson County.   
(11)
Covered - Encased by a tarpaulin, camper cover, metal cover, rigid cover, 
plastic, canvas or other suitable material, which is secured to prevent spillage, 
leakage or materials from blowing from the vehicle. Solid waste in plastic bags 
shall not be considered covered.   
(12)
Department - The North Carolina Department of Environment, Health and 
Natural Resources.   
(13)
Dwelling - Any residential unit housed in a building used for residential 
purposes or manufactured homes or a structure used for residential purposes on 
any property.   
(14)
EPA - The United States Environmental Protection Agency.   
(15)
Facility - Solid waste management facility, including the landfill, transfer 
station, recycling center, wood waste mulching area and other designated areas 
located at 191 Transfer Station Drive, Hendersonville, NC. 28791. 
(16)
Garbage - All putrescible wastes, including animal offal and carcasses, and 
recognizable industrial by-products, but excluding sewage and human waste.   
(17)
Hauler - Any person, permitted or not, who collects and transports refuse or 
other solid wastes or recyclable materials on public or private streets in  
Henderson County.   
(18)
Hazardous Refuse - Includes any rusted, jagged appliances or machinery, 
specifically, iceboxes and refrigerators, whose doors have not been properly 
dismantled, or which has been determined by the Solid Waste Director to 
constitute a health or safety hazard.   
(19)
Hazardous Waste   
a.
A solid waste or combination of solid wastes which, because of its 
quantity, concentration or physical, chemical or infectious 
characteristics, may cause or significantly contribute to an increase in 
mortality or increase in serious irreversible or incapacitating reversible 
illness or pose a substantial problem or potential hazard to human 
health or the environment if improperly treated, stored, transported or 
disposed of or otherwise managed.   
b.
Any substance classified as a hazardous waste by the EPA.     
(20)
Individual - Any person, organization, business or other entity generally capable
of owning real estate.   
(21)
Industrial Waste - All waste, including garbage, solids, semisolids, sludge and 
liquids created or generated by factories, processing plants or other 
manufacturing enterprises.   
(22)
Microbiological Waste - Cultures and stocks of infectious agents, including but 
not limited to specimens from medical, pathological, pharmaceutical, research, 
commercial and industrial laboratories.   
(23)
Mixed Paper - Envelopes, catalogs, bulk mail, magazines, computer paper, copy
paper, file folders, phone books, gray cartons, adding machine tapes, letters, 
scratch pads, soft-covered books and other material as defined by the Recycling 
Center Manager.   
(24)
Open Burning - Any fire whose products of combustion are emitted directly into
the outdoor atmosphere without passing through a stack or chimney, approved 
incinerator or other similar device.   
(25)
Open Dump - The consolidation or collection of solid waste from 1 or more 
sources at a disposal site which has unsanitary conditions, insignificant or no 
cover or insignificant or no management. This term shall include any disposal 
area which has not been approved by the Department.   
(26)
Pathological Waste - Human tissues, organs and body parts and the carcasses 
and body parts of all animals that were known to have been exposed to  
pathogens that are potentially dangerous to humans during research, were used 
in the production of biologicals or in vivo testing of pharmaceuticals or that died
with a known or suspected disease transmissible to humans.   
  
(27)
Permit - Written authorization from the Solid Waste Director to haul solid waste
or recyclable material in Henderson County for hire or compensation.   
(28)
Permitted Hauler - Any solid waste or recyclable material hauler authorized by 
the Solid Waste Director to transport refuse, solid waste or recyclable material 
for hire or compensation.   
(29)
Person - Any individual, firm, organization, partnership, corporation, company 
or unincorporated association.   
(30)
Putrescible Waste - Solid waste capable of being decomposed by 
microorganisms with sufficient rapidity as to cause nuisance from odors and 
gases, such as kitchen wastes, offal and carcasses.   
(31)
Radioactive Material - Any material which emits ionizing radiation 
spontaneously.   
(32)
Recycle, Recyclables Or Recyclable Material - Those materials or that process 
by which solid waste, or materials which would otherwise become solid waste, 
are collected, separated or processed and reused or returned to use in the form of
raw materials or products.   
(33)
Refuse - All nonputrescible waste.   
(34)
Refuse Receptacle or Receptacle -- A metal or plastic container or other material
approved by the Solid Waste Director.   
(35)
Regulated Medical Waste - Blood and body fluids in individual containers in 
volumes greater than 20 milliliters, microbiological waste and pathological 
waste that have not been treated.   
(36)
Rubbish - Solid or liquid waste from residences, commercial establishments or 
institutions.   
(37)
Sharps - Needles, syringes with attached needles, capillary tubes, slides and 
cover slips, scalpel blades, test tubes and blood collection tubes.   
(38)
Solid Waste - Any hazardous or nonhazardous garbage or other refuse, rubbish, 
litter, trash, tires and other discarded solid materials and solid or semisolid waste
materials resulting from industrial, commercial and agricultural operations and 
from community activities, but does not include solids or dissolved materials in 
domestic sewage or other significant pollutants in water resources, such as silt, 
dissolved or suspended solids in industrial wastewater effluent, dissolved 
materials in irrigation return flows or other common water pollutants. As used 
herein, "solid waste" shall refer collectively to any or all of the aforementioned 
waste materials, unless otherwise specified.   
(39)
Transfer Station - A permanent structure with mechanical equipment used for 
the collection or compaction of solid waste prior to the transportation of solid 
waste for final disposal.
(40)
Unsanitary Accumulation - Any amount of solid waste which is odoriferous, 
pestiferous or otherwise threatening to human health as determined by the Solid 
Waste Department.   
(41)
Used Motor Oil - Any oil that has been refined from crude oil or synthetic oil 
and, as a result of use, storage or handling, has become unsuitable for its original
purpose.   
(42)
White Goods - Inoperative or discarded refrigerators, ranges, water heaters, 
freezers and other similar domestic and commercial large appliances.   
(43)
Yard Waste - Solid waste consisting solely of vegetative matter, such as leaves, 
grass, limbs and trimmings, resulting from landscaping maintenance.     
§ 95-13. Residential and Other Noncommercial Property.  
A.
Improper storage of waste prohibited. No owner, occupant, tenant or lessee of any 
property, jointly or severally, may deposit, store or permit to accumulate any solid or 
hazardous waste upon such property that is not stored or disposed of in a manner 
prescribed by this article. Further, it shall be the duty of each owner, occupant, tenant or 
lessee to provide approved receptacles as specified in §95-15A.,of this Chapter.
  
B.
Open dumps prohibited. No person shall permit on any land owned, occupied or leased 
by him or her any open dump.  
C.
Responsibility for removal. It shall be the duty of any owner, occupant, tenant or lessee 
of any property, jointly or severally, to remove or properly dispose of any of the  
conditions described in subsection A above. This section shall also apply to refuse and 
other solid waste deposited on any property through the action of streams, creeks, rivers, 
lakes or other waterways or through the runoff of any such waterways. In removing such 
conditions, persons may seek the guidance of the Henderson County Solid Waste 
Director and shall follow the procedures set forth in §95-18 below. 
   
§ 95-14. Commercial, Industrial and Institutional Property.  
A.
Proper maintenance of premises. The owner, proprietor or person in charge of any 
commercial, industrial or institutional building, parking lot or other site shall be  
obligated, both jointly and severally, to keep driveways, yards, parking lots and areas 
adjacent thereto and under his control clean at all times and to place sweepings, litter, 
refuse and other debris in an approved receptacle to prevent dispersal by wind, rain, 
animals and other causes. Further, no crate, box or similar container liable to 
deterioration by sun, wind, rain, animals or other causes shall be kept on any street or 
sidewalk, parking lot or other area, except that such containers may be placed out for 
collection on the day of such collection.  
B.
Solid waste receptacles required. The owner, proprietor or person in charge of any 
commercial, industrial or institutional building, parking lot or other site shall be  
obligated, jointly and severally, to provide solid waste receptacles of sufficient size and 
quantity as specified in §95-15 of this article. Specifically, but not exclusively, the 
requirement for such containers shall apply to shopping centers, supermarkets, 
convenience stores, fast-food and other restaurants, service stations and other similar 
establishments and shall likewise apply to industries, commercial establishments, 
schools, manufactured home parks, recreational vehicle parks, summer camps, churches 
and other institutions. Spillage and overflow from such containers shall be cleaned up by 
the owner, proprietor or person in charge immediately and as it occurs.    
§ 95-15. Storage.  
A.
Storage container requirements. Solid waste shall be stored in a container that is durable, 
rust resistant, nonabsorbent, watertight and easily cleaned, with a close-fitting, fly tight 
cover in place. The number of containers shall be adequate to store 1week's accumulation
of solid waste. Containers shall be limited to 32 gallons maximum capacity. Containers 
shall be kept clean so that no insect breeding, odor or other nuisance will exist.  
B.
Rodents. Solid waste shall be stored in a manner that will not harbor rodents and vermin 
and will not create a fire hazard.  
C.
Storage of other refuses. Other refuse may be stored as in §95-15 above but shall 
be stored in such manner that it will not provide harborage to rats, cause a fire or safety 
hazard or become windblown.  
D.
Cardboard boxes as receptacles. Cardboard boxes, cartons and crates may be used as 
refuse receptacles only when used to contain other refuse and when properly secured by 
tying or taping. Cardboard boxes, crates or cartons used as refuse receptacles shall have a
1 time use only and shall be collected along with the refuse contained in them.  
E.
Airtight containers prohibited. No person shall leave outside of the building or dwelling 
or in any place accessible to children, any abandoned, unattended or discarded ice box, 
refrigerator or other container of any kind which has an airtight door without first 
removing the door from such icebox or refrigerator.   
 
§ 95-16. Collection.  
A.
Frequency of removal. All solid waste shall be removed from any property upon which it 
is stored at least once a week.  
  
B.
Hiring of permitted collector allowed. The owner, occupant, tenant or lessee may remove
such solid wastes in accordance with §95-17 and 95-18 below or may contract with a 
permitted collector serving the relevant area.  
C.
Spillage prohibited. These permitted collectors shall be responsible for removing any 
solid waste spilled during the collection process, shall leave the premises in a clean 
condition and shall conform to the provisions of any County ordinance in effect  
regulating the collection and disposal of solid waste by private collectors in Henderson 
County.  
D.
Recycling program required. All private haulers who collect solid waste for a fee will be 
required to establish a program to collect and recycle aluminum cans and corrugated 
cardboard. Private haulers may not accept said material if commingled with the solid 
waste they collect. 
§ 95-17. Transportation
A.
Conformity with ordinance required. No solid waste shall be transported except in 
conformance with this section which applies to permitted haulers and individuals hauling 
their own solid waste.  
B.
Spillage prohibited. The vehicles or containers used for the collection and transportation 
of solid wastes shall be loaded and removed in such a manner that the contents will not 
fall, leak or spill therefrom. Materials spilled by the hauler shall be picked up 
immediately by the hauler and returned to the vehicle or container and the area properly 
cleaned.  
C.
Cover requirements. Vehicles shall be covered by effective means during transportation 
to prevent blowing of materials from out of the vehicle. "Effective means" shall include, 
but not be limited to; durable, heavy plastic or canvas tied down or secured to cover the 
entire load. Loads consisting of bulky waste, white goods, lumber, pallets and crates do 
not have to be covered but shall be secured with rope or tie-downs to assure spillage does
not occur. Upon entrance to the facility gate, any removal of tarps or similar covers on 
solid waste shall be prohibited until the destination is reached in a designated facility 
disposal area. 
D.
Display of permit numbers. All vehicles, except those owned by individuals transporting 
their own solid waste, shall display their permit number issued by the Solid Waste 
Director.   
 
§ 95-18. Disposal.  
A.
No disposal except as provided. Solid waste shall be disposed of only by one of the 
following methods:  
(1)
Sanitary landfill that has been approved by the Department.  
(2)
Incinerator that meets all requirements of the local, state and federal air 
pollution standards and control permits.  
(3)
Transfer station that has been approved by the Department.
(4)
Any other method, including reclaiming, composting or recycling processes, that
has been approved by the Solid Waste Director.    
B.
Disposal of hazardous regulated medical, radioactive waste. Hazardous, regulated 
medical and radioactive wastes shall be disposed of according to written procedures 
approved by the Department.  
C.
Littering prohibited. No person may intentionally or negligently discard, dispose, leave or
dump any solid waste on or along any street or highway or on public or private property 
unless such solid waste is placed in a receptacle or at a location designated for the deposit
of solid waste.  
D.
Disposal of tires. The disposal of tires on publicly or privately owned property is strictly 
prohibited. Nothing in this article shall be interpreted to preclude the use of tires in an 
accepted agricultural practice.  
E.
Disposal of sharps. Sharps shall be placed in an approved, sealed, puncture proof 
container prior to disposal.  
  
F.
Burning of solid waste. The purpose of this subsection is for preventing, abating and 
controlling air pollution resulting from air contaminants released in the open burning of 
refuse and other combustible materials. While recognizing that open burning contributes 
to air pollution, certain types of open burning may reasonably be allowed in the public 
interest. Therefore, there shall be no burning of solid waste in Henderson County except 
as authorized by state burning laws.  
G.
Private disposal of solid waste. This section shall not be construed to prevent any person 
from properly disposing of solid waste from his own residence on his property in a safe 
and sanitary manner and at a depth and distance from any body of water to prevent 
contamination. All such private disposal sites must receive prior approval by the Solid 
Waste Director, and all solid wastes deposited must be covered with at least six inches of 
compacted dirt daily.  
H.
Other disposal of solid waste prohibited. Any other disposal of solid waste is expressly 
prohibited.    
§ 95-19. Facility Regulations.
A.
Conformity with facility procedures required. Solid waste shall be disposed of at the 
Henderson County facility in the manner and according to procedures established by the 
Solid Waste Director.  
B.
Facility tours. Facility tours or visitors to the facility must be accompanied by an 
employee of the Solid Waste Department.  
C.
Affiliation with County required. The County facility may be used for the disposal of 
solid waste generated in Henderson County by County residents and nonresident owners 
of property in Henderson County.  
D.
Hours of Operation. The facility shall be open during business hours as established by the
Board. The facility holiday schedule will be determined by the County Manager and 
revised annually and will be posted in the scale house. In emergencies, the facility may 
be opened and closed for additional hours as directed by the County Manager or the 
Manager's representative.  
E.
Security of facility. Except when open during regular business hours, the facility shall be 
kept locked, and entry shall not be permitted.  
F.
Tipping fee. A tipping fee or per vehicle fee shall be charged to all users of the facility. 
This tipping fee shall be based on the number of tons of material brought for disposal, 
except that there may be a minimum fee. There will be no fee charged for acceptable 
recyclable materials that have been separated and properly prepared. The Board shall 
adopt a schedule of fees from time to time which shall be effective until amended or 
replaced. Fees shall not be waived for nonprofit organizations.
G.
Use by multiple-dwelling properties, parks and camps. Where there is more than one 
premises located in a residential building, manufactured home park, recreational vehicle 
park, summer camp or campground, it shall be the responsibility of the owner or person 
in charge of each building, park or camp to contract with a permitted hauler and to pay 
for the regular collection of all solid waste from each premises. An owner of a 
multipremises building, park or camp may apply to the Solid Waste Director for an 
exemption if it can be shown that he is now disposing of solid waste in a safe and sanitary
manner as outlined in this article. In the case where the owner of a multipremises 
building, park or camp hauls his own solid waste, said waste must be weighed at the scale
house, and the hauler may not use the boxes set aside for household solid waste.  
H.
Loitering and rummaging prohibited. No person may loiter or rummage about the facility
or remove articles therefrom.  
I.
Speed limit within facility. All persons entering or traveling on facility property shall 
observe posted speed limits and shall operate their vehicles in a safe and courteous 
manner.  
J.
Vehicles which are not self-unloading will not be allowed in the transfer station. All 
vehicles which do not use the household containers and are not self-unloading shall arrive
at the County facility no later than 30 minutes before the close of the normal operating 
day. Vehicles which are not self-unloading will be subject to control by the Facility 
  
Foreman so as to minimize vehicle congestion and provide easy access to the designated 
disposal site for self-unloading vehicles.  
K.
Only authorized Henderson County personnel will be allowed on the tipping floor of the 
transfer station, except that a waste hauler may exit his or her truck for mechanical 
adjustment of his or her vehicle.  
L.
Uncovered waste prohibited. No vehicle shall be allowed to deposit waste at the County 
facility unless the waste is enclosed in the vehicle or secured by methods stated in §95-
17C. The Solid Waste Director shall determine the adequacy of the covering, and his 
decision shall be final.  
M.
Deposit waste only in authorized areas. No person may deposit material at any point in 
the facility except where indicated by authorized employees of the facility or by official 
signs.  
N.
Discharge of firearms, explosives and fireworks prohibited. No person may discharge 
firearms, fireworks or explosives on facility property.  
O.
Solid waste subject to inspection. Solid waste shall be observed and inspected for 
prohibited materials. Persons disposing of unacceptable material may be required to 
remove such materials at the discretion of the Solid Waste Director or Facility Foreman.  
P.
Prohibited waste. The following waste may not be disposed of in the County facility:  
(1)
Burning or smoldering materials or any other materials that would create a fire 
hazard.  
(2)
Hazardous waste.  
(3)
Used motor oil (except for recycling).  
(4)
Lead-acid batteries.  
(5)
Liquid waste.  
(6)
White goods (except for recycling).  
(7)
Radioactive waste.  
(8)
Sharps not properly contained.  
(9)
Whole tires which may not be co disposed with solid waste.  
(10)
Sludge’s.  
(11)
Dead animals.  
(12)
Yard waste, except in the wood waste grinding area. 
(13)
Metal drums of 50 gallons or more capacity unless drain holes are provided to 
prevent containers from holding liquid or unless filled with identifiable solid 
waste which is otherwise acceptable.  
(14)
Stumps, brush, limbs, yard waste, landscape waste and construction and 
demolition material mixed with solid waste unless separated prior to disposal.  
(15)
Automobiles, truck or other motor vehicle bodies or large pieces of metal, such 
as manufactured homes and farm equipment.  
(16)
Wood waste greater than 10 inches in diameter at the butt end and greater than 
4
feet in length. Wood waste greater than 2 inches in diameter shall not be 
greater than 4 feet in length.  
(17)
No ash, fly ash or incinerator ash.  
(18)
Regulated medical waste.  
(19)
Friable asbestos.  
(20)
Sawdust.  
(21)
Dirt or soil products (may be reviewed on a load-by-load basis).  
(22)
Corrugated cardboard generated from commercial, industrial and institutional 
sources, unless there are no materials recovery facilities located in Henderson 
County. Residential sources of corrugated containers will be allowed in de 
minimis amounts only. The following items shall not be considered corrugated 
cardboard: 
a.
Wax coated cardboard.  
b.
Cardboard soiled with grease, oils, food waste, chemicals, poisons or 
pesticides.  
c.
Cardboard adhered to polystyrene or other plastic.  
  
d.
Poster board, pasteboard tubing or chipboard, such as cereal boxes. 
This is mixed paper and can be recycled.    
(23)
Aluminum cans.  
(24)
Antifreeze (ethylene glycol). 
     
§ 95-20. Tires. 
Whole automobile and truck tires will be accepted at the designated tire recycling site. Tires must be
removed from their rims and be free of water, dirt and debris. Anyone bringing in 6 or more tires must call
in advance and will be required to fill out a tire certification form. Specialized tires, such as large, off-road
and heavy equipment tires, will be accepted only if arrangements are made in advance by calling the
recycling center. Persons bringing loads containing truck tires or specialized tires will be required to assist
in the unloading of such tires and should call in advance.  
§ 95-21. White Goods and Metals. 
White goods and large pieces of metal may be deposited at the designated area for recycling.  
§ 95-22. Used Motor Oil; Antifreeze. 
Used motor oil may be deposited in the tank at the Recycling Center. This tank is for residential users only.
No used motor oil will be accepted from commercial or industrial users. Antifreeze is also accepted at this
location.  
§ 95-23. Recycling Encouraged. 
Each person who owns, leases or manages a residence, residential unit or place of business, industry,
commerce or other place providing goods or services, or institution, church, camp or school is strongly
encouraged to remove recyclable materials from the solid waste generated and make them available for
recycling. 
 
§ 95-24. Recyclable Materials. 
Recyclable material shall consist of the following items and shall be prepared for recycling at the County
drop-off sites as directed:  
A.
Glass [all brown, clear and green container (bottles and jars) glass]: rinsed and caps 
removed. Labels do not have to be removed.  
B.
Aluminum beverage and bimetal (tin or steel) food cans: rinse. Labels do not have to be 
removed.  
C.
Plastic containers No. 1 PETE (soda containers) and No. 2 HDPE (milk and shampoo 
containers) and Nos. 3, 5 and 7 (mixed plastic): rinse, and step on containers to flatten 
them. Labels do not have to be removed. 
D.
Corrugated containers: flatten.  
E.
Mixed paper: See definition.  
F.
Newspaper: bundle with string or leave loose. Inserts may remain.  
G.
Other material: as it is added to the recycling program.   
 
§ 95-25.  Removal Of Recyclable Materials Prohibited. 
No person, other than a County employee or the County's authorized agent, may remove recyclable
material from a recycling collection center.  
§ 95-26.  Solid Waste Classification System. 
The Solid Waste Advisory Committee shall establish a system of classification for classes of solid waste
that shall be consistent with a system of classification in the Solid Waste Management Plan. The
classification system shall be used as a basis for requiring that solid waste be delivered to an appropriate
County disposal facility in accordance with the Solid Waste Management Plan.  
§ 95-27.  Permit Required; Exceptions.  
A.
For the purpose of providing for the proper collection, transportation, recycling and/or 
disposal of solid waste within Henderson County, the Board may grant the right to 
collect, transport, recycle and/or dispose of solid waste for compensation.  
  
B.
No person shall engage in commercial or industrial solid waste collection, residential 
household garbage or recyclable material collection for a fee without a permit issued 
from the Solid Waste Director pursuant to this article. Individuals transporting their own 
solid waste or recyclables are not required to hold a permit.   
 
§ 95-28.  Permit Application.  
A.
Application for a permit to engage in solid waste, residential household garbage or 
recyclable material collection shall be filed with the Solid Waste Director on forms 
approved by the Solid Waste Director. There shall be no fee charged to an applicant for a 
solid waste collection permit.  
B.
Application information required. The applicant shall furnish the following information:  
(1)
Name, address and telephone number of the applicant and whether a sole 
proprietorship, corporation or partnership, with disclosure of the ownership 
interest.  
(2)
A list of the equipment possessed, available or to be obtained by the applicant, 
including the number and type of solid waste receptacles or other containers 
used for the storage or collection of solid waste, residential household garbage 
or recyclable material, and the number and type of vehicles used for the 
transportation and disposal of solid waste, residential household garbage or 
recyclable material. Each vehicle shall be identified by make, model and license 
tag number.  
(3)
Number of employees the applicant expects to use in the business.  
(4)
Experience of the applicant in solid waste, residential household garbage or 
recyclable material collection.  
(5)
Other pertinent information as the Board may hereafter request.    
  
§ 95-29. Inspections. 
The Solid Waste Director shall issue such permit only when upon inspection he finds that the facilities,
equipment and proposed operating methods of the applicant are in compliance with the requirements of this
article. 
 
§ 95-30. Equipment Standards. 
All trucks and other equipment used by the collector must meet minimum standards prescribed by the
Henderson County Solid Waste Management Department. These standards shall require, at a minimum,
that truck beds be covered. Vehicles shall be leak proof, durable and easily cleaned to prevent insect
breeding, odor or other nuisance and shall be maintained in good repair as determined by the Solid Waste
Director.  
§ 95-31. Display of Permit Number. 
The permit number of the collector shall be visible on both sides of each of the collector's trucks in
numbers not less than three inches high, the color of the numbers to contrast with the color of the truck, and
shall be kept clean and legible at all times.  
§ 95-32.  Existing Collectors. 
The Solid Waste Director will issue permits to existing collectors who are in business in Henderson County
upon the effective date of this article upon assurance of their compliance with the above sections.  
§ 95-33. Appeals. 
When any person has made application for a permit to collect or transport solid waste or recyclable
materials and the Solid Waste Director has refused to issue said permit to the applicant, the applicant may
appeal the refusal by submitting a notice of appeal to the Solid Waste Director. The appeal shall be heard
by the Henderson County Board of Commissioners. The notice of appeal must be filed within 10 days after
the refusal of the Solid Waste Director to issue the permit.  
§ 95-34. Permit Renewal And Term; Permits Not Assignable.  
  
A.
Permits will be issued upon successful completion of the permit application and  
inspection by the Solid Waste Director or his authorized agent.  
B.
All permits, regardless of the date issued, must be renewed every January and will be 
valid for a period of one year.  
C.
No permit issued pursuant to this article shall be assignable.    
§ 95-35.  Revocation of Permit; Appeals.  
A.
Whenever, upon inspection of the facilities, equipment or operating methods of any 
person collecting, transporting or disposing of solid waste or recyclable materials, the 
Solid Waste Director finds that conditions or practices exist which are in violation of the 
provisions of this article, the Solid Waste Director shall give notice in writing to such 
person that unless such conditions or practices are corrected within 30 days the operating 
permit of such person shall be revoked. Haulers will be allowed to collect, transport and 
dispose of solid waste or recyclable materials during this thirty-day period. No such 
permit shall be reinstated by the Solid Waste Director until he finds, upon reinspection, 
that all provisions of these regulations have been complied with, except that following a 
hearing as hereinafter provided such permit may be reinstated by order of the Solid Waste
Department. The Solid Waste Director shall be the only person authorized to enforce this 
subsection.  
B.
Any revocation of a solid waste hauler's permit may be appealed to the Henderson 
County Board of Commissioners by the submission of a notice of appeal to the Solid 
Waste Director within 10 days of the effective date of the revocation. If a notice of appeal
is not filed within 10 days, the permit shall be deemed to have been automatically 
revoked.   
 
§ 95-36. Violations and Penalties
A.
This article may be enforced by any methods authorized by N.C.G.S. 153A-123 or 153A-
277. Such methods shall be carried out in accordance with the procedures outlined in 
Henderson County Code, Chapter 1, General Provisions, Article II, and as provided 
below.
B.
Violations of this article by a permitted hauler may subject the hauler to a revocation of 
his permit in accordance with §95-35 and may, in addition, subject the hauler to any 
actions specified in Henderson County Code, Chapter 1, General Provisions, Article II.    
§ 95-37.  Delinquent Accounts
Section 95-19 of this Article provides the payment of a tipping fee by users of the facility. The Solid Waste
Department shall have the authority to set up accounts with regular users of the facility to be billed on a
monthly basis. When any account becomes more than 10 days past due, the Solid Waste Department and its
billing and collecting agent shall be authorized to discontinue service to the holder of the delinquent
account until such time as the account is paid in full. Further, the Solid Waste Department shall be
authorized to use any means that a private citizen could use to collect a debt, including, but not limited to,
the institution of a civil action to collect the moneys owed.  
§ 95-38.  Responsibility for Refuse Found Outside Sanitary Landfill.  
A.
If any object of refuse is discovered upon any lands or waters in any areas of Henderson 
County other than an approved sanitary landfill or other proper receptacle and said refuse
bears the name, address or other means of identification of a person or persons, the 
person(s) so identified shall be presumed to have disposed of said refuse in violation of 
this article.  
B.
Bags, boxes, bins, cartons and other containers used to carry food, clothing and other 
goods and printed matter purchased, rented or otherwise obtained from a restaurant, 
supermarket, store or other place of business or organization, which container or printed 
matter bears the logo, name and address or other means of identification of the place from
  
which the goods were obtained, shall not be considered as a means of identification for 
purposes of this section.    
§ 95-39.  Assistance for Correction of Violation. 
On receipt of a notice of a violation, a person may request the aid of the Solid Waste Department in
correcting the violation and shall pay to the Solid Waste Department any costs incurred by the Solid Waste
Department in removing or otherwise correcting the violation. 
§ 95-40.  Through 95- 65. (Reserved)