Jacob Nelms
Robbinsville – “This board has to create an ordinance that it will stand by.”
Almost 24 years ago, the Graham County Board of Commissioners made its latest amendment to a detailed breakdown of fees to be assessed for the disposal of solid waste. Dated Dec. 28, 2000, the ordinance was originally put in place in Jan. 1, 1996, and thoroughly divides the list of fees by business, church, school and even residential waste.
But as today’s board pointed out, an ordinance is not worth the paper it is printed on if no enforcement takes place.
Fast forward to Monday’s special called commissioner meeting, where Chair Jacob Nelms made that profound statement about establishing an ordinance and strictly enforcing it. The county has been scrambling to figure out the best solution to a messy situation: sanitation centers around Graham have been misused and subject to vandalism – mainly because nothing was being done to keep the violators in check.
The board seems determined to both address and correct the situation, once and for all.
“We need to do whatever research we have to in order to get this ordinance and the fee schedule enforceable,” Nelms later said.
Trash disposal has long been a sensitive topic to broach with residents. The eight locations sprinkled around the county have increasingly seen misuse; large items, such as appliances, furniture and lumber have all been taken to Dumpsters as a workaround to hauling items for proper dumping at the main sanitation center near Milltown. Additionally, fencing, lights and even the garbage itself has been vandalized over the years – all left for the county to clean up.
As a two-fold answer (costs and cutting back on abuse), the board agreed in December to close all but three of the sanitation centers in Graham County, effective Jan. 1.
Despite three weeks of publicity about the upcoming closures, many in the county still contended they were unaware of the sudden pivot when public comment opened at the Jan. 23 commissioner meeting. Acquiescing to those in attendance, the board voted 4-1 to re-open the centers.
It did not take long for locals and visitors alike to see that the original violators had not learned their lesson the first time around. A complaint filed with the North Carolina Department of Environmental Quality in May was the final nail in the coffin: to avoid hefty fines from the state, the county once again closed all but four of the sites June 14.
Those that remain open are a model for what’s to come: the East Buffalo, Milltown and Stecoah centers are each manned and only open during certain hours (7:30 a.m. to 7:30 p.m. Monday through Saturday; 1:30-6:30 p.m. Sunday). As a result, the sites are more aesthetically pleasing than ever before – though some centers have reported threats and anger from individuals who still try to empty whatever they please into Dumpsters.
The only unmanned site open in the county at this time is Meadow Branch, which is kept in check by the surrounding community. It’s an example of what can be accomplished when the rules are followed.
Vice chair Natasha Williams pointed out Monday that the mistreatment of unmanned centers could be attributed to the simple premise of obeying the law.
“That’s why people are doing it; there’s no consequence,” Williams said. “But when you start hitting them in the wallet, people learn fast.”
Just three members of the public were in attendance for Monday’s gathering. Between the board and the public, a lengthy, productive brainstorming session took place on the best methods to penalize those who disregard the procedures commissioners plan to implement. Ideas included tax and/or wage garnishment, tickets to be mailed for those caught violating protocol on-camera and even including fees on property tax bills.
The county is also open to purchasing the best quality cameras possible to catch the culprits. Even with the restrictions in place, enforcement is long overdue, as the entrance to the Stecoah center is often full of refuse when employees report for duty Sundays, 60 bags were left outside the closed Gladdens Creek station Monday morning and passersby noted individuals throwing garbage over the cable barricade at the Bear Creek station.
Located at the southwest tip of the county, the Bear Creek location appears to be the most problematic. Theories range from AirBnB/VRBO homes not informing renters of what to do when checking out (for example, a Sunday checkout at 11 a.m., would send renters to centers that are still closed) to residents of Cherokee County making the trip to dump their trash, in order to avoid paying fees at one of Cherokee County’s sites – which all collect funds from those who dispose.
In accordance, Graham County’s plan is to re-open the Bear Creek site next; only this time, it will be manned. Asheville Fence will also have to install an all-new perimeter and gate – ironically, despite all the abuse at the location, a fallen tree damaged the fence years ago – at the price tag of $11,549.43.
Once centers are up and running, citations can be issued by the U.S. Forest Service (provided trash is left outside the gate, as most centers are on national land); plus the Graham County Sheriff’s Office, which said it could issue a ticket if the name and a clear picture of the violators is available.
County attorney J.K. Coward said he would consult with District Attorney Ashley Welch’s office about prosecutions being carried out against violators. The board also had a general consensus that more discussion was necessary with the sheriff’s office and the forest service, regarding issuing the citations themselves.
“I really think after a few people get slapped with violations, people will understand that it’s against the law,” Williams said. “It’s part of being an adult. You have to follow the rules that are put in place – but if there is no recourse, why would they?”
The ordinance in place will not be thrown out, but heavy revisions are expected moving forward.