Jackson County commissioners finally have a solid waste ordinance, one that will allow private haulters to use the county’s staffed recycling center.

Amendments submitted by County Manager Ken Westmoreland at a meeting Dec. 20 changed the ordinance to allow private haulers “to dispose of their customer’s residential waste at County SRC’s in accordance with bagging and identification procedures established by the JCSWB [Jackson County Solid Waste Board]” and to allow small businesses “to dispose of small amounts of commercial waste generated from their own business operations in accordance with bagging and identification procedures established by the JCSWB.”

The amendments were in response to issues raised by commissioners at a Dec. 6 special meeting. At that meeting commissioners Stacy Buchanan and Roberta Crawford had objected to the section of the draft ordinance that prohibited private haulers from using the SRCs, and chairman Jay Denton voiced concerns about small businesses that generated very little refuse.

Because those issues were addressed in the county’s solid waste contract with GDS, commissioners asked Westmoreland, on Dec. 6, to work with the company and the Solid Waste Advisory Board to see what remedies were available.

When Westmoreland introduced the amendments Dec. 20, he said that GDS had no objections regarding private haulers using the SRCs for residential waste but they would not amend their contract which specifically prohibits commercial waste at the SRCs.

Instead, they would agree to a “hand-shake” deal that would allow small businesses that generated only a few bags of garbage to dispose of them at the SRCs as long as proper monitoring protocols were in place, Westmoreland said.

After the ordinance passed, Denton thanked the Solid Waste Advisory Board for its hard work and dedication, noting the county had been working on a solid waste ordinance for nearly four years.

After the meeting, Solid Waste Advisory Board Chairman Maurice Moody said solid waste was an important issue the county needed to address. The ordinance “was a good starting place,” Moody said. The ordinance is scheduled to take effect April 1, 2002.

The language in the amendment referring to “bagging and identification procedures” is also a result of the Dec. 6 meeting where there appeared to be a general consensus that a “pay as you throw” (PAYT) plan would best suit the needs of the county.

Jim Hickman is a waste management analyst for the state’s Division of Pollution Prevention and Environmental Assistance. He believes PAYT is the most equitable solid waste alternative. Customers pay for the service they use. If you throw three bags of garbage you pay for three, if you throw 20 you pay for 20, making it similar to utility charges, he said.

Hickman said there was also a major environmental advantage to PAYT. Customers quickly learn they can reduce the amount of waste and save money by removing recyclables from the waste stream.

He said the state had grant money available local governments could use to help in establishing a PAYT policy. The $10,000 non-matching funds are available through the EPA and can be used to provide technical and financial assistance for creating local PAYT programs.

Commissioners also discussed House Bill 108, which is specific to 25 counties in the state including Jackson, Haywood and Swain. The legislation lets counties collect delinquent property taxes before recording deeds conveying property. To take advantage of the legislation, counties must pass a resolution before July 1, 2002, requiring the register of deeds not to accept any deed transferring property unless the tax collector certifies no taxes are owed.

County Tax Assessor Cecil Dills told commissioners the county was currently carrying almost $29,000 in delinquent property taxes.

Raymond Large, county attorney, told commissioners he felt a resolution would provide a good tool to collect delinquent taxes.

Commissioners went into closed session to discuss pending legal action regarding the county’s helicopter ordinance. Judge Steven Bryant declared the ordinance unconstitutional earlier this month in a case between the county and Cherokee Helicopters. Denton said no action was taken in closed session and that the county’s attorney would meet with Cherokee Helicopter’s attorney Ben Bridgers and report to commissioners at their Jan. 3 meeting.

Jim Garst, heliport manager for Cherokee Helicopters said after the meeting, “We’re willing to make concessions, but we’re not going to leave and we’re not going to move to the airport.”

Jim Smith of Qualla community, speaking to Denton after the meeting, said he didn’t think concessions would make any difference regarding the impact of the helicopter in the community.

He said changing flight patterns to avoid flying directly over someone’s home would make little difference.

“We have a perfectly legal business that creates a nuisance,” Denton said.

Denton told Smith and others from the Qualla community that without zoning authority the county had no mechanism for dealing with issues like the helicopter and a proposed asphalt plant in their community.

 

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