GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 594
AN ACT TO REVISE THE SOLID WASTE MANAGEMENT ACT OF 1989 AND RELATED STATUTES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-290(a)(5) is repealed.
Sec. 2. G.S. 130A-290(a) is amended by adding a new subdivision to read:
"(13a) 'Industrial solid waste' means solid waste generated by manufacturing or industrial processes that is not hazardous waste."
Sec. 3. G.S. 130A-290(a)(18a) reads as rewritten:
"(18a) 'Municipal solid waste' means 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, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations."
Sec. 4. G.S. 130A-290(a)(24) reads as rewritten:
"(24) 'Recovered materials' means those
materials which have material' means a material that has known
recycling potential, can be feasibly recycled, and have has been
diverted or removed from the solid waste stream for sale, use, or reuse by
separation, collection, or processing. reuse. In order to qualify
as a recovered material, a material must meet the requirements of G.S.
130A-309.05(c)."
Sec. 5. G.S. 130A-290(a)(35) reads as rewritten:
"(35) 'Solid waste' means any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:
a. Fecal waste
from fowls and animals other than humans; humans.
b. Solid or dissolved material in:
1. Domestic
sewage and sludges generated by treatment thereof in sanitary sewage
collection, treatment and disposal systems which are designed to discharge
effluents to the surface waters; waters.
2. Irrigation
return flows; and flows.
3. Wastewater
discharges and the sludges incidental to and generated by treatment which are
point sources subject to permits granted under Section 402 of the Water
Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S.
143-215.1 by the Environmental Management Commission. However, any
sludges that meet the criteria for hazardous waste under RCRA shall also be a
solid waste for the purposes of this Article; Article.
c. Oils and
other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the
General Statutes. However, any oils or other liquid hydrocarbons that
meet the criteria for hazardous waste under RCRA shall also be a solid waste
for the purposes of this Article; Article.
d. Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).
e. Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining Commission (as defined under G.S. 143B-290). However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
f. Recovered material."
Sec. 6. G.S. 130A-294(a)(3) reads as rewritten:
"(3) Develop and adopt
rules to establish standards for qualification as a waste 'recycling,
reduction or resource recovering facility' or as waste 'recycling,
reduction or resource recovering equipment' for the purpose of special tax
classifications or treatment, and to certify as qualifying those applicants
which meet the established standards. The standards shall be developed to
qualify only those facilities and equipment exclusively used in the actual
waste recycling, reduction or resource recovering process and shall exclude any
incidental or supportive facilities and equipment;".
Sec. 7. G.S. 130A-294(b) reads as rewritten:
"(b) The Commission shall adopt and the Department shall enforce rules to implement a comprehensive statewide solid waste management program. The rules shall be consistent with applicable State and federal law; and shall be designed to protect the public health, safety, and welfare; preserve the environment; and provide for the greatest possible conservation of cultural and natural resources. Rules for the establishment, location, operation, maintenance, use, discontinuance, recordation, post-closure care of solid waste management facilities also shall be based upon recognized public health practices and procedures, including applicable epidemiological research and studies; hydrogeological research and studies; sanitary engineering research and studies; and current technological development in equipment and methods. The rules shall not apply to the management of solid waste that is generated by an individual or individual family or household unit on the individual's property and is disposed of on the individual's property.
The Commission may shall adopt rules for
financial responsibility to ensure the availability of sufficient funds for
closure and post-closure maintenance and monitoring at solid waste management
facilities, and for any corrective action the Department may require during the
active life of a facility or during the closure and post-closure periods. The
rules may permit demonstration of financial responsibility through the use of a
letter of credit, insurance, surety, trust agreement, financial test, or guarantee
by corporate parents or third parties who can pass the financial test. The
rules shall require that an owner or operator of a privately owned solid waste
management facility demonstrate financial responsibility by a method or
combinations of methods that will ensure that sufficient funds for closure,
post-closure maintenance and monitoring, and any corrective action that the
Department may require will be available during the active life of the
facility, at closure, and for a period of not less than 30 years after closure
even if the owner or operator becomes insolvent or ceases to reside, be
incorporated, do business, or maintain assets in the State."
Sec. 8. G.S. 130A-309.04 reads as rewritten:
"§ 130A-309.04. State solid waste management policy and goals.
(a) It is the policy of the State to promote methods of solid waste management that are alternatives to disposal in landfills and to assist units of local government with solid waste management. In furtherance of this State policy, there is established a hierarchy of methods of managing solid waste, in descending order of preference:
(1) Waste reduction at the source;
(2) Recycling and reuse;
(3) Composting;
(4) Incineration with
energy production; recovery;
(5) Incineration for
volume reduction; without energy recovery;
(6) Disposal in landfills.
(b) It is the policy of the State to encourage research into innovative solid waste management methods and products and to encourage regional solid waste management projects.
(c) It is the goal of
this State to reduce the municipal solid waste stream, primarily through source
reduction, reuse, recycling, and composting, on a per capita basis, on the
following schedule: by forty percent (40%) on a per capita basis by 30
June 2001.
(1) Twenty-five
percent (25%) by 30 June 1993.
(2) Forty
percent (40%) by 30 June 2001.
(c1) To measure progress toward the
municipal solid waste reduction goals goal in a given year,
comparison shall be made between the amount by weight of the municipal solid
waste that, during the baseline year and the given year, is received at
municipal solid waste management facilities and is:
(1) Disposed of in a landfill;
(2) Incinerated;
(3) Converted to tire-derived fuel; or
(4) Converted to refuse-derived fuel.
(c2) Comparison shall be between baseline and given years beginning on 1 July and ending on 30 June of the following year. The baseline year shall be the year beginning 1 July 1991 and ending 30 June 1992. However, a unit of local government may use an earlier baseline year if it demonstrates to the satisfaction of the Department that it has sufficient data to support the use of the earlier baseline year.
(c3) If a unit of local
government is unable to meet the municipal solid waste reduction goal
established in subdivision (2) of subsection (c) of this section and if the
unit of local government demonstrates to the satisfaction of the Department
that it has considered all reasonably available options to reduce its municipal
solid waste stream through source reduction, reuse, recycling, and composting
and that it has made a good faith effort and done everything technologically
and economically feasible to meet the goal, for the purpose of calculating
progress of the unit of local government toward the goal, ten percent (10%) of
the amount by weight of the municipal solid waste stream that is converted to
tire-derived fuel or refuse-derived fuel may be added to the amount that is
diverted from the municipal solid waste stream through source reduction, reuse,
recycling, and composting.
(d) In furtherance of the
State's solid waste management policy, each State agency shall develop a solid
waste management plan which that is consistent with the solid
waste management policy of the State.
(d1) It is the policy of the State to obtain, to the extent practicable, economic benefits from the recovery from solid waste and reuse of material and energy resources. In furtherance of this policy, it is the goal of the State to foster partnerships between the public and private sectors that strengthen the supply of, and demand for, recyclable and reusable materials and that foster opportunities for economic development from the recovery and reuse of materials.
(e) Each
county, either individually or in cooperation with others, shall, in
cooperation with its municipalities, develop a comprehensive county solid waste
management plan and submit the plan to the Department for approval. County
solid waste management plans shall be updated and submitted for approval at
least once every two years. A county solid waste management plan shall be
consistent with the State's comprehensive solid waste plan. In counties where a
municipality operates the major solid waste disposal facility, the
comprehensive solid waste plan may be prepared by the municipality, with the
approval of the county and in cooperation with the other municipalities. Each
county's comprehensive solid waste management plan shall include provisions
which address the State's waste reduction goals. Each county's plan shall take
into consideration facilities and other resources for management of solid waste
which may be available through private enterprise. This section shall be
construed to encourage the involvement and participation of private enterprise
in solid waste management. The Department shall develop a form designed to
elicit pertinent information regarding a county's solid waste management plan.
The Department shall provide assistance in the preparation of county plans upon
request.
(f) Any
unit of local government that does not participate in a county solid waste
management plan shall prepare a plan in accordance with the provisions of subsection
(e) of this section."
Sec. 9. G.S. 130A-309.05 reads as rewritten:
"§ 130A-309.05. Regulated wastes; certain exclusions.
(a) Notwithstanding other provisions of this Article, the following waste shall be regulated pursuant to this Part:
(1) Medical waste; and
(2) Ash generated by a solid waste management facility from the burning of solid waste.
(b) Ash generated by a
solid waste management facility from the burning of solid waste shall be
disposed of in a properly designed solid waste disposal area that complies with
standards developed by the Department for the disposal of the ash. The
Department shall work with solid waste management facilities which that
burn solid waste to identify and develop methods for recycling and reusing
incinerator ash or treated ash.
(c) Recovered materials
are material is not subject to the provisions of this Part if: regulation
as solid waste under this Article. In order for a material that would
otherwise be regulated as solid waste to qualify as a recovered material, the
Department may require any person who owns or has control over the material to
demonstrate that the material meets the requirements of this subsection.
In order to protect public health and the environment, the Commission may adopt
rules to implement this subsection. In order to qualify as a recovered
material:
(1) A majority of the
recovered materials material at a facility are shall be
sold, used, or reused within one year;
(2) The recovered materials
material or the products or by-products of operations that process
recovered materials are material shall not be discharged,
deposited, injected, dumped, spilled, leaked, or placed into or upon any land
or water so that the products or by-products or any constituent thereof may
enter other lands or be emitted into the air or discharged into any waters
including groundwaters, or otherwise enter the environment or pose a threat to
public health and safety; and
(3) The recovered materials
are material shall not be a hazardous waste and or have
not been recovered from solid waste which is defined as hazardous
waste under G.S. 130A-290. a hazardous waste."
Sec. 10. G.S. 130A-309.06 reads as rewritten:
"§ 130A-309.06. Additional powers and duties of the Department.
(a) In addition to other powers and duties set forth in this Part, the Department shall:
(1) Develop a
comprehensive solid waste management plan consistent with this Part by 1
March 1991. Part. The plan shall be developed in consultation
with units of local government and shall be updated at least every three
years. In developing the State solid waste management plan, the
Department shall hold public hearings around the State and shall give notice of
these public hearings to all units of local government and regional planning
agencies.
(2) Provide guidance for the orderly collection, transportation, storage, separation, processing, recovery, recycling, and disposal of solid waste throughout the State.
(3) Encourage coordinated local activity for solid waste management within a common geographical area.
(4) Provide planning, technical, and financial assistance to units of local government and State agencies for reduction, recycling, reuse, and processing of solid waste and for safe and environmentally sound solid waste management and disposal.
(5) Cooperate with
appropriate federal agencies agencies, local governments, and
private organizations in carrying out the provisions of this Part.
(6) Promote and assist the
development of solid waste reduction, recycling, and resource recovery programs
which that preserve and enhance the quality of the air, water,
and other natural resources of the State.
(7) Maintain a directory of recycling and resource recovery systems in the State and provide assistance with matching recovered materials with markets.
(8) Manage a program of
grants for programs for recycling and special waste management, and for
programs which that provide for the safe and proper management of
solid waste.
(9) Provide for the education of the general public and the training of solid waste management professionals to reduce the production of solid waste, to ensure proper processing and disposal of solid waste, and to encourage recycling and solid waste reduction.
(10) Develop descriptive literature to inform units of local government of their solid waste management responsibilities and opportunities.
(11) Conduct at least one
workshop each year in each region served by a council of governments.
(12) Provide and maintain recycling bins for the collection and recycling of newspaper, aluminum cans, glass containers, and recyclable plastic beverage containers at the North Carolina Zoological Park.
(13) Identify, based on reports required under G.S. 130A-309.14 and any other relevant information, those materials in the municipal solid waste stream that are marketable in the State or any portion thereof and that should be recovered from the waste stream prior to treatment or disposal.
(14) Identify and analyze, with assistance from the Department of Commerce pursuant to G.S. 130A-309.14, components of the State's recycling industry and present and potential markets for recyclable materials in this State, other states, and foreign countries.
(b) The Department may refuse to issue a permit to an applicant who by past conduct in this State has repeatedly violated related statutes, rules, orders, or permit terms or conditions relating to any solid waste management facility and who is deemed by the Department to be responsible for the violations. For the purpose of this subdivision, an applicant includes the owner or operator of the facility, or, if the owner or operator is a business entity, the parent of the subsidiary corporation, a partner, a corporate officer or director, or a stockholder holding more than fifty percent (50%) of the stock of the corporation.
(c) The Department shall
prepare by 1 May March of each year a report on the status of
solid waste management efforts in the State. The scope of the report
shall be determined by the resources available to the Department for its
preparation and, to the extent possible, shall include:
(1) A comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the State projected for the 20-year period beginning on 1 July 1991.
(2) The total amounts of
solid waste generated, recycled, recycled and disposed of and the
methods of solid waste recycling and disposal used during the calendar year
prior to the year in which the report is published.
(3) An evaluation of the development and implementation of local solid waste management programs and county and municipal recycling programs.
(4) An evaluation of the success of each county or group of counties in meeting the municipal solid waste reduction goal established in G.S. 130A-309.04.
(5) Recommendations concerning existing and potential programs for solid waste reduction and recycling that would be appropriate for units of local government and State agencies to implement to meet the requirements of this Part.
(6) An evaluation of the
markets for recycled materials and the success of State, local, and private
industry efforts to enhance the markets for such these materials.
(7) Recommendations to the
Governor and the General Assembly Environmental Review Commission to
improve the management and recycling of solid waste in the State. State,
including any proposed legislation to implement the recommendations.
(d) The Department of
Environment, Health, and Natural Resources shall prepare by March 1,
1994, and every other year thereafter, a report assessing the recycling
industry and recyclable materials markets in the State. State every
two years, and shall submit the report to the Environmental Review Commission
on or before 1 March of even-numbered years. The report shall include
information on progress in recycling polystyrene in the State."
Sec. 11. G.S. 130A-309.07 reads as rewritten:
"§ 130A-309.07. State solid waste management plan.
The State solid waste management plan shall include, at a minimum:
(1) Procedures and
requirements to ensure encourage cooperative efforts in solid
waste management by counties and municipalities and groups of counties and
municipalities where appropriate, including the establishment of joint agencies
pursuant to G.S. 160A-462.
(2) Provisions for the continuation of existing effective regional resource recovery, recycling, and solid waste management facilities and programs.
(3) Planning guidance and technical assistance to counties and municipalities to aid in meeting the municipal solid waste reduction goals established in G.S. 130A-309.04.
(4) Planning guidance and
technical assistance to counties and municipalities to assist the development
and implementation of recycling solid waste reduction programs.
(5) Technical assistance to counties and municipalities in determining the full cost for solid waste management as required in G.S. 130A-309.08.
(6) Planning guidance and technical assistance to counties and municipalities to assist the development and implementation of programs for alternative disposal, processing, or recycling of the solid wastes prohibited from disposal in landfills pursuant to G.S 130A-309.10 and for special wastes.
(7) A public education program, to be developed in cooperation with the Department of Public Instruction, units of local government, other State agencies, and business and industry organizations, to inform the public of the need for and the benefits of recycling solid waste and reducing the amounts of solid and hazardous waste generated and disposed of in the State. The public education program shall be implemented through public workshops and through the use of brochures, reports, public service announcements, and other materials.
(8) Provisions to encourage partnerships between the public and private sectors that strengthen the supply of, and demand for, recyclable materials and that foster opportunities for economic development from the recovery and reuse of materials."
Sec. 12. G.S. 130A-309.08 reads as rewritten:
"§ 130A-309.08. Determination of cost for solid waste management; local solid waste management fees.
(a) Within one year of
the effective date of this section or within one year after rules are adopted
by the Commission, whichever occurs later, each Each county and each
municipality shall annually determine the full cost for solid waste
management within the service area of the county or municipality for a
one-year period as specified by rules adopted by the Commission, and shall
update the full cost determination every year thereafter. the preceding
year. The Commission shall establish by rule the method for units of
local government to use in calculating full cost. Rule making shall be
initiated and at least one public hearing shall be held by 1 March 1990.
In developing the rule, the Commission shall examine the feasibility of the use
of an enterprise fund process by units of local government in operating their
solid waste management systems.
(b) Within one year
after the completion of the cost determination required by subsection (a) of
this section, each Each municipality shall establish a system to
inform, no less than once a year, residential and nonresidential users of solid
waste management services within the municipality's service area of the user's
share, on an average or individual basis, of the full cost for solid waste
management as determined pursuant to subsection (a) of this section.
Counties shall provide the information required of municipalities only to
residential and nonresidential users of solid waste management services within
the county's service area that are not served by a municipality.
Municipalities shall include costs charges charged to them or to
persons contracting with them for disposal of solid waste in the full cost
information provided to residential and nonresidential users of solid waste management
services. Counties and municipalities are encouraged to operate their
solid waste management systems through use of an enterprise fund.
(c) For purposes of this section, 'service area' means the area in which the county or municipality provides, directly or by contract, solid waste management services. The provisions of this section shall not be construed to require a person operating under a franchise contract or other agreement to collect or dispose of solid waste within the service area of a county or municipality to make the calculations or to establish a system to provide the information required under this section, unless such person agrees to do so as part of such franchise contract or other agreement.
(d) In order to assist
in achieving the municipal solid waste reduction goal and the recycling
provisions of G.S. 130A-309.09B, a county or a municipality which owns or
operates a solid waste management facility may charge solid waste disposal fees
which may vary based on a number of factors, including the amount,
characteristics, and form of recyclable materials present in the solid waste
that is brought to the county's or the municipality's facility for processing
or disposal. A county may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 15 of Chapter
153A of the General Statutes. A city may charge fees for the collection,
processing, or disposal of solid waste as provided in Article 16 of Chapter
160A of the General Statutes.
(e) In addition
to all other fees required or allowed by law, a county or a municipality, at
the discretion of its governing board, may impose a fee for the services the
county or municipality provides with regard to the collection, processing, or
disposal of solid waste, to be used for developing and implementing a recycling
program.
(f) This
section does not prohibit a county, municipality, or other person from
providing grants, loans, or other aid to low-income persons to pay part or all
of the costs of such persons' solid waste management services."
Sec. 13. G.S. 130A-309.09A reads as rewritten:
"§ 130A-309.09A. Local government solid waste responsibilities.
(a) The governing board
of a designated local government shall provide for the operation of solid
waste disposal facilities to meet the needs of all incorporated and
unincorporated areas designated to be served by the facility. each unit
of local government shall assess local solid waste collection services and
disposal capacity and shall determine the adequacy of collection services and
disposal capacity to meet local needs and to protect human health and the
environment. Each unit of local government shall implement programs and take
other actions that it determines are necessary to address deficiencies in
service or capacity required to meet local needs and to protect human health
and the environment. Pursuant to this section and notwithstanding
any other provision of this Chapter, designated local governments A unit
of local government may adopt ordinances governing the disposal disposal,
in facilities which they operate that it operates, of solid
waste generated outside of the area designated to be served by such the
facility. Such ordinances shall not be construed to apply to
privately operated disposal facilities located within the boundaries of a
designated the unit of local government. In accordance with
this section, municipalities are responsible for collecting and transporting
solid waste from their jurisdictions to a solid waste disposal facility
operated by the municipality or county, any other municipality or county, or by
any other person. Counties and municipalities may charge reasonable fees
for the handling and disposal of solid waste at their facilities. The
fees charged to municipalities without facilities at a solid waste management
facility specified by the county shall not be greater than the fees charged to
other users of the facility except as provided in G.S. 130A-309.08(d).
Solid waste management fees collected on a countywide basis shall be used to
fund solid waste management services provided throughout the county.
(b) Each unit of local
government, either individually or in cooperation with one or more other units
of local government, shall participate in the development and implementation of
a solid waste management plan designed to meet the waste reduction goals set
out in G.S. 130A-309.04 within the geographic area covered by the plan.
Each unit of local government, either individually or in cooperation with other units of local government, shall develop a 10-year comprehensive solid waste management plan. Units of local government shall make a good-faith effort to achieve the State's forty percent (40%) municipal solid waste reduction goal and to comply with the State's comprehensive solid waste management plan. Each unit of local government shall develop its solid waste management plan with public participation, including, at a minimum, one advertised public meeting. The Department shall assist units of local government in the preparation of the plan required by this subsection if the unit of local government requests assistance. Each plan shall be updated at least every three years. In order to assure compliance with this subsection, each unit of local government shall provide the Department with a copy of its current plan upon request by the Department. Each plan shall:
(1) Evaluate the solid waste stream in the geographic area covered by the plan.
(2) Include a goal for the reduction of municipal solid waste on a per capita basis by 30 June 2001 and a goal for the further reduction of municipal solid waste by 30 June 2006. The solid waste reduction goals shall be determined by the unit or units of local government that prepare the plan, and shall be determined so as to assist the State, to the maximum extent practical, to achieve the State's forty percent (40%) municipal solid waste reduction goal as set out in G.S. 130A-309.04(c).
(3) Be designed to achieve the solid waste reduction goals established by the plan.
(4) Include a description of the process by which the plan was developed, including provisions for public participation in the development of the plan.
(5) Include an assessment of current programs and a description of intended actions with respect to the following solid waste management methods:
a. Reduction at the source.
b. Collection.
c. Recycling and reuse.
d. Composting and mulching.
e. Incineration with energy recovery.
f. Incineration without energy recovery.
g. Transfer outside the geographic area covered by the plan.
h. Disposal.
(6) Include an assessment of current programs and a description of intended actions with respect to:
a. Education with the community and through the schools.
b. Management of special wastes.
c. Prevention of illegal disposal and management of litter.
d. Purchase of recycled materials and products manufactured with recycled materials.
(7) Include a description and assessment of the full cost of solid waste management, including the costs of collection, disposal, waste reduction, and other programs, and of the methods of financing those costs.
(8) Consider the use of facilities and other resources for management of solid waste that may be available through private enterprise.
(c) The
Department may reduce or modify the municipal solid waste reduction goal that a
unit of local government is required to attempt to achieve pursuant to
subsection (b) of this section if the unit of local government demonstrates to
the Department that:
(1) The
achievement of the goal would have an adverse effect on the financial
obligations of the unit of local government incurred prior to 1 October 1989
that are directly related to a waste-to-energy facility owned or operated by or
on behalf of a unit of local government; and
(2) The unit of local
government cannot remove normally combustible materials from solid waste that
is to be processed at a waste-to-energy facility permitted prior to 1 July 1991
because of the need to maintain a sufficient amount of solid waste to ensure
the financial viability of the facility. The goal may not be waived
entirely and may be reduced or modified only to the extent necessary to
alleviate the adverse effects of achieving the goal on the financial viability
of a unit of local government's waste-to-energy facility. Nothing in this
subsection shall exempt a unit of local government from developing and
implementing a recycling program pursuant to this Part.
(d) In order to assess
the progress in meeting the goals goal set out in G.S.
130A-309.04, each county, either individually or in cooperation with one or
more other counties, shall, by 1 December 1991 and each year thereafter, unit
of local government shall report to the Department on the solid waste
management programs and recycling waste reduction activities within
the county or the geographic area covered by the county's solid waste
management plan. within the unit of local government by 1 September of
each year. This report by the county must At a minimum, the
report shall include:
(1) A description of
public education programs on recycling; recycling.
(2) The amount of solid
waste received at municipal solid waste management facilities, by type of solid
waste; waste.
(3) The amount and type of
materials from the solid waste stream that were recycled; recycled.
(4) The percentage of the
population participating in various types of recycling activities instituted;
instituted.
(5) The annual reduction
in municipal solid waste, measured as provided in G.S. 130A-309.04; 130A-309.04.
(6) A description of
the recycling activities attempted, their success rates, the perceived reasons
for failure or success, and the recycling activities which are ongoing and most
successful; and Information regarding programs and other actions
implemented as part of the local comprehensive solid waste management plan.
(7) In its first
report, a description of any recycling activities implemented prior to 1 July
1991. A statement of the costs of solid waste management programs
implemented by the unit of local government and the methods of financing those
costs.
(e) Any
municipality that does not participate in the preparation of a county report
shall prepare its own report in accordance with the provisions of subsection
(d) of this section.
(f) On and after
1 July 1991, each Each operator of a municipal solid waste
management facility shall weigh all solid waste when it is received.
(g) A unit of local government that is a collector of municipal solid waste shall not knowingly collect for disposal, and the owner or operator of a municipal solid waste management facility that is owned or operated by a unit of local government shall not knowingly dispose of, any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance:
(1) Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste.
(2) Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste."
Sec. 14. G.S. 130A-309.09B reads as rewritten:
"§
130A-309.09B. Local government recycling waste reduction programs.
(a) Each designated unit
of local government shall initiate a recyclable materials recycling
program by 1 July 1991. Counties and municipalities are encouraged to
form cooperative arrangements for implementing recycling programs. establish
and maintain a solid waste reduction program that will enable the unit of local
government to meet the local solid waste reduction goals established pursuant
to G.S. 130A-309.09A(b)(2). The following requirements shall apply:
(1) Construction and
demolition debris must be separated from the solid waste stream and segregated
in separate locations at a solid waste disposal facility or other permitted
site. Demolition debris consisting of used asphalt or used asphalt
mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material
may be used as fill and need not be disposed of in a permitted landfill or
solid waste disposal facility, provided that such demolition debris may
not be placed in the waters of the State or at or below the seasonal high water
table.
(2) Repealed by Session Laws 1991, c. 621, s. 8.
(3) Units of local government are encouraged to separate marketable plastics, glass, metal, and all grades of paper for recycling prior to final disposal and are further encouraged to recycle yard trash and other organic solid waste into compost available for agricultural and other acceptable uses.
(b) To the maximum extent
practicable, units of local government should participate in the preparation
and implementation of joint recycling waste reduction and
solid waste management programs, whether through joint agencies established
pursuant to G.S. 153A-421, G.S. 160A-462, or any other means provided by
law. Nothing in a county's solid waste management or recycling waste
reduction program shall affect the authority of a municipality to franchise
or otherwise provide for the collection of solid waste generated within the
boundaries of the municipality.
(c) In the
development and implementation of a curbside recyclable materials collection
program, a county or municipality shall enter into negotiations with a
franchisee who is operating to exclusively collect solid waste within a service
area of a county or municipality to undertake curbside recyclable materials
collection responsibilities for a county or municipality. If the county
or municipality and the franchisee fail to reach an agreement within 60 days
from the initiation of negotiations, the county or municipality may solicit
proposals from other persons to undertake curbside recyclable materials
collection responsibilities for the county or municipality as it may
require. Upon the determination of the lowest responsible proposals, the
county or municipality may undertake, or enter into a written agreement with
the person who submitted the lowest responsible proposal to undertake, the curbside
recyclable materials collection responsibilities for the county or
municipality, notwithstanding the exclusivity of any franchise agreement for
the collection of solid waste within a service area of the county or
municipality.
(d) In
developing and implementing recycling programs, counties and municipalities
shall give consideration to the collection, marketing, and disposition of
recyclable materials by persons engaged in the business of recycling on either
a for-profit or nonprofit basis. Counties and municipalities are
encouraged to use for-profit and nonprofit organizations in fulfilling their
responsibilities under this Part.
(e) A county or
county and the municipalities within the county's or counties' boundaries may
jointly develop a recycling program, provided that the county and each
municipality must enter into a written agreement to jointly develop a recycling
program. If a municipality does not participate in jointly developing a
recycling program with the county within which it is located, the county may
require the municipality to provide information on recycling efforts undertaken
within the boundaries of the municipality in order to determine whether the
goals for municipal solid waste reduction are being achieved.
(f) A county or
counties and its or their municipalities may jointly determine, through a joint
agency established pursuant to G.S. 153A-421 or G.S. 160A-462, which local
governmental agency shall administer a solid waste management or recycling waste
reduction program.
(g) A unit of
local government that enters into an agreement with one or more other units of
local government to develop and operate a recycling program shall provide
periodic written progress reports to the units of local government concerning
the implementation of the recycling program."
Sec. 15. G.S. 130A-309.09C(g) reads as rewritten:
"(g) In addition to any
other penalties provided by law, a unit of local government that does not
comply with the requirements of G.S. 130A-309.09A(b) and G.S. 130A-309.09B(a)
shall not be eligible for grants from the Solid Waste Management Trust Fund, the
Scrap Tire Disposal Account, or the White Goods Management Account and the
Department may notify the State Treasurer to withhold payment of all or a
portion of funds payable to the unit of local government by the Department from
the General Fund or by the Department from any other State fund, to the extent
not pledged to retire bonded indebtedness, unless the unit of local government
demonstrates that good faith efforts to meet the requirements of G.S.
130A-309.09A(b) and G.S. 130A-309.09B(a) have been made or that the funds are
being or will be used to finance the correction of a pollution control problem
that spans jurisdictional boundaries. shall not receive the proceeds of
the scrap tire disposal tax imposed by Article 5B of Chapter 105 of the General
Statutes or the proceeds of the white goods disposal tax imposed by Article 5C
of Chapter 105 of the General Statutes to which the unit of local government
would otherwise be entitled. The Secretary shall notify the Secretary of
Revenue to withhold payment of these funds to any unit of local government that
fails to comply with the requirements of G.S. 130A-309.09A(b) and G.S. 130A-309.09B(a).
Proceeds of the scrap tire disposal tax that are withheld pursuant to this
subsection shall be credited to the Scrap Tire Disposal Account and may be used
as provided in G.S. 130A-309.63. Proceeds of the white goods disposal tax
that are withheld pursuant to this subsection shall be credited to the White
Goods Management Account and may be used as provided in G.S. 130A-309.83."
Sec. 16. G.S. 130A-309.09D reads as rewritten:
"§
130A-309.09D. Responsibilities of generators of municipal solid waste owners
and operators of privately owned municipal solid waste management facilities.
facilities and collectors of municipal solid waste.
(a) The A
generator of municipal solid waste shall not knowingly dispose of, a collector
of municipal solid waste shall not knowingly collect for disposal, and the owner
or operator of a privately owned or operated municipal solid waste
management facility shall operate the facility in a manner which is
consistent with the State solid waste management plan and with the solid waste
management plans that have been adopted by those units of local government
served by the facility and approved by the Department. not knowingly
dispose of, any type or form of municipal solid waste that is generated within
the boundaries of a unit of local government that by ordinance:
(1) Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste.
(2) Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste.
(b) On or before 1 August
1992 and each year thereafter, August, the owner or operator of a
privately owned municipal solid waste management facility shall report
to the Department, for the previous year beginning 1 July and ending 30 June,
the amount by weight of the solid waste that was received at the facility and
disposed of in a landfill, incinerated, or converted to fuel. To the
maximum extent practicable, such the reports shall indicate by
weight the county of origin of all solid waste. The owner or operator
shall transmit a copy of the report to the county in which the facility is
located and to each county from which solid waste originated.
(c) A generator of industrial solid waste that owns and operates an industrial solid waste facility for the management of industrial solid waste generated by that generator shall develop a 10-year waste management plan. The plan shall be updated at least every three years. In order to assure compliance with this subsection, each generator to which this subsection applies shall provide the Department with a copy of its current plan upon request by the Department. Each generator to which this subsection applies shall file a report on its implementation of the plan required by this subsection with the Department by 1 August of each year. A generator to which this subsection applies may provide the Department with a copy of a current plan prepared pursuant to an ordinance adopted by a unit of local government or prepared for any other purpose if the plan meets the requirements of this subsection. The plan shall have the following components:
(1) A waste reduction goal established by the generator.
(2) Options for the management and reduction of wastes evaluated by the generator.
(3) A waste management strategy, including plans for waste reduction and waste disposal, for the 10-year period covered by the plan."
Sec. 17. G.S. 130A-309.10 reads as rewritten:
"§ 130A-309.10. Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited.
(a) No beverage shall be sold or offered for sale within the State in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.
(b) No person shall
distribute, sell, or offer for sale in this State, any product packaged in a
container or packing material manufactured with fully halogenated chlorofluorocarbons
(CFC). Producers of containers or packing material manufactured with
chlorofluorocarbons (CFC) are urged to introduce alternative packaging
materials which that are environmentally compatible.
(c)
(1) No plastic bag shall be provided at any
retail outlet to any retail customer to use for the purpose of carrying items
purchased by that customer unless the bag is composed of material which that
is recyclable. Notice of recyclability shall be printed on each
bag purchased by the retailer.
(2) It is the goal of the State that at least twenty-five percent (25%) of the plastic bags provided at retail outlets in the State to retail customers for carrying items purchased by the customer be recycled.
(d)
(1) No person shall distribute, sell, or
offer for sale in this State any polystyrene foam product which that is
to be used in conjunction with food for human consumption unless such the
product is composed of material which that is recyclable.
(2) Repealed by Session Laws 1995, c. 321, s. 1.
(e) No person shall
distribute, sell, or offer for sale in this State any rigid plastic container
product container, including a plastic beverage container unless the
product container has a molded label indicating the plastic resin
used to produce the plastic container product. container. The
code shall consist of a number placed within three triangulated arrows and
letters placed below the triangulated arrows. The three arrows shall form
an equilateral triangle with the common point of each line forming each angle
of the triangle at the midpoint of each arrow and rounded with a short
radius. The arrowhead of each arrow shall be at the midpoint of each side
of the triangle with a short gap separating the arrowhead from the base of the
adjacent arrow. The triangle formed by the three arrows curved at their
midpoints shall depict a clockwise path around the code number. The label
shall appear on or near the bottom of the plastic container product
and be clearly visible. Plastic beverage containers A
container having a capacity of less than 16 eight fluid ounces,
ounces or more than five gallons nonsolid food liquid containers
having a capacity of less than 16 fluid ounces, and rigid plastic containers
having a capacity of less than eight fluid ounces are is exempt from
the requirements of this subsection. The numbers and letters shall be as
follows:
(1) For polyethylene terephthalate, the letters 'PETE' and the number 1.
(2) For high density polyethylene, the letters 'HDPE' and the number 2.
(3) For vinyl, the letter 'V' and the number 3.
(4) For low density polyethylene, the letters 'LDPE' and the number 4.
(5) For polypropylene, the letters 'PP' and the number 5.
(6) For polystyrene, the letters 'PS' and the number 6.
(7) For any other, including
multi-material containers, the letters 'OTHER' and the number 7.
(f) In
accordance with the following schedule, no No person shall knowingly
dispose of the following solid wastes in landfills:
(1) Repealed by Session Laws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, except in
landfills classified for such use approved for the disposal of yard
trash under rules adopted by the Commission. Yard trash that is
source separated from solid waste may be accepted at a solid waste disposal
area where the area provides and maintains separate yard trash composting
facilities.
(4) White goods.
(5) Antifreeze (ethylene glycol).
(6) Aluminum cans,
after July 1, 1994. cans.
(7) Whole scrap tires, as provided in G.S. 130A-309.58(b). The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings.
(8) Lead-acid batteries, as provided in G.S. 130A-309.70.
(f1) In accordance with the
following schedule, no No person shall knowingly dispose of the
following solid wastes by incineration in an incinerator for which a permit is
required under this Article:
(1) Antifreeze (ethylene
glycol) used solely in motor vehicles, after July 1, 1994. vehicles.
(2) Aluminum cans,
after July 1, 1994. cans.
(3) Steel cans,
unless the steel is recoverable at the end of the incineration process, after
July 1, 1994.
(4) White goods, after
July 1, 1994. goods.
(5) Lead-acid batteries, as provided in G.S. 130A-309.70.
(f2) Provided that this
subsection Subsection (f1) of this section shall not apply to solid
waste incinerated in an incinerator solely owned and operated by the generator
of the solid waste; and provided further that this subsection waste.
Subsection (f1) of this section shall not apply to antifreeze (ethylene
glycol) which that cannot be recycled or reclaimed to make it
usable as antifreeze in a motor vehicle.
(g) Prior to
the effective dates specified in this section, the Department shall identify
and assist in developing alternative disposal, processing, or recycling options
for the solid waste identified in this section.
(h) The accidental or occasional disposal of small amounts of prohibited solid waste by landfill or incineration shall not be construed as a violation of subsection (f) or (f1) of this section."
Sec. 18. G.S. 130A-309.11 reads as rewritten:
"§ 130A-309.11. Compost standards and applications.
(a) In order to protect the State's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management facilities in the State must meet criteria established by the Department.
(b) Within six months
after the effective date of this section, the Department shall initiate rule
making The Commission shall adopt rules to establish standards for
the production of compost. Rules shall be adopted not later than 24
months after the initiation of rule making. Such rules shall include:
(1) Requirements necessary to produce hygienically safe compost products for varying applications.
(2) A classification scheme for compost based on:
a. The types of waste composted, including at least one type containing only yard trash;
b. The maturity of the compost, including at least three degrees of decomposition for fresh, semi-mature, and mature; and
c. The levels of organic and inorganic constituents in the compost.
(c) The compost classification scheme shall address:
(1) Methods for measurement of the compost maturity.
(2) Particle sizes.
(3) Moisture content.
(4) Average levels of organic and inorganic constituents, including heavy metals, for such classes of compost as the Department establishes, and the analytical methods to determine those levels.
(d) Within six months
after the effective date of this section, the Department shall initiate rule
making The Commission shall adopt rules to prescribe the allowable
uses and application rates of compost. Rules shall be adopted not later
than 24 months after the initiation of rule making. Such rules shall be
based on the following criteria:
(1) The total quantity of organic and inorganic constituents, including heavy metals, allowed to be applied through the addition of compost to the soil per acre per year.
(2) The allowable uses of compost based on maturity and type of compost.
(e) If compost is produced which does not meet the criteria prescribed by the Department for agricultural and other use, the compost must be reprocessed or disposed of in a manner approved by the Department, unless a different application is specifically permitted by the Department."
Sec. 19. G.S. 130A-309.25(c) reads as rewritten:
"(c) A person may not
perform the duties of an operator of a solid waste management facility after 1
January 1996, 1998, unless he has completed an operator training
course approved by the Department. An owner of a solid waste management
facility may not employ any person to perform the duties of an operator unless such
the person has completed an approved solid waste management facility
operator training course."
Sec. 20. G.S. 130A-309.26(b) reads as rewritten:
"(b) It is the intent of the General Assembly to protect the public health by establishing standards for the safe packaging, storage, treatment, and disposal of medical waste. The Commission shall adopt and the Department shall enforce rules for the packaging, storage, treatment, and disposal of:
(1) Medical waste at facilities where medical waste is generated;
(2) Medical waste from the point at which the waste is transported from the facility where it was generated;
(3) On-site and off-site incineration
treatment of medical waste; and
(4) The off-site transport, storage, treatment or disposal of medical waste."
Sec. 21. G.S. 130A-309.53(7) reads as rewritten:
"(7) 'Tire' means a
continuous solid or pneumatic rubber covering that encircles the wheel of a vehicle
and is subject to the tax imposed by Article 5B of Chapter 105 vehicle.
Bicycle tires and other tires for vehicles propelled by human power are not
subject to the provisions of this Part."
Sec. 22. G.S. 130A-309.58(b) reads as rewritten:
"(b) The Commission may adopt rules approving other permissible methods of scrap tire disposal. Landfilling of whole scrap tires is prohibited. The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings."
Sec. 23. G.S. 130A-309.63(e) reads as rewritten:
"(e) Reports. - The
Department shall make quarterly reports report annually on the
Scrap Tire Disposal Account to the Environmental Review Commission. The
report shall be submitted by 1 October of each year for the fiscal year ending
the preceding 30 June. The report shall show the beginning and ending
balances in the Account for the reporting period, the amount credited to the
Account during the quarter, reporting period, and the amount of
revenue used for grants and to clean up nuisance tire collection sites. A
quarterly report shall be filed within 60 days after the end of a calendar
quarter."
Sec. 24. G.S. 130A-309.83 reads as rewritten:
"§ 130A-309.83. (Repealed effective July 1, 1999) White Goods Management Account.
(a) The White Goods Management Account is established within the Department. The Account consists of revenue credited to the Account from the proceeds of the white goods disposal tax imposed by Article 5C of Chapter 105 of the General Statutes.
(b) The Department shall use revenue in the Account to make grants to units of local government to assist them in managing discarded white goods. To administer the grants, the Department shall establish procedures for applying for a grant and the criteria for selecting among grant applicants. The criteria shall include the financial ability of a unit to manage white goods, the severity of a unit's white goods management problem, and the effort made by a unit to manage white goods within the resources available to it.
(c) A unit of local government is not eligible for a grant unless its costs of managing white goods for a six-month period preceding the date the unit files an application for a grant exceeded the amount the unit received during that period from the proceeds of the white goods disposal tax under G.S. 105-187.24. The Department shall determine the six-month period to be used in determining who is eligible for a grant. A grant to a unit may not exceed the unit's unreimbursed cost for the six-month period.
(d) If a unit of local government anticipates that its costs of managing white goods during a six-month period will exceed the amount the unit will receive during that period because the unit will make a capital expenditure for the management of white goods or because the unit will incur other costs resulting from improvements to that unit's white goods management program, the unit may request that the Department make an advance determination that the costs are eligible to be paid by a grant from the White Goods Management Account and that there will be sufficient funds available in the Account to cover those costs. If the Department determines that the costs are eligible for reimbursement and that funds will be available, the Department shall reserve funds for that unit of local government in the amount necessary to reimburse allowable costs. The Department shall notify the unit of its determination and fund availability within 60 days of the request from the unit of local government. This subsection applies only to capital expenditures for the management of white goods and to costs resulting from improvements to a unit's white goods management program."
Sec. 25. G.S. 130A-309.85 reads as rewritten:
"§ 130A-309.85. (Effective until July 1, 1999) Department to submit annual report on the management of white goods.
The Department shall make an annual report annually
to the Environmental Review Commission concerning the management of white
goods. The report shall be submitted by 1 October 1 of each
year, shall cover year for the fiscal year ending on the
preceding June 30, and 30 June. The report shall include
the following information:
(1) The amount of taxes collected and distributed under G.S. 105-187.24 during the period covered by the report.
(2) The cost to each county of managing white goods during the period covered by the report.
(3) The beginning and ending balances of the White Goods Management Account for the period covered by the report and a list of grants made from the Account for the period.
(4) Any other information the Department considers helpful in understanding the problem of managing white goods."
Sec. 26. G.S. 130A-309.85 reads as rewritten:
"§ 130A-309.85. (Effective July 1, 1999) Department to submit annual report on the management of white goods.
The Department shall make an annual report annually
to the Environmental Review Commission concerning the management of white
goods. The report shall be submitted by 1 October 1 of each
year, shall cover year for the fiscal year ending on the preceding
June 30, and 30 June. The report shall include the cost to
each county of managing white goods during the period covered by the report,
the additional fees on white goods collected by each county during the period
covered by the report, and any other information the Department considers
helpful in understanding the problem of managing white goods."
Sec. 27. G.S. 153A-292 reads as rewritten:
"§ 153A-292. County collection and disposal facilities.
(a) The board of county commissioners of any county may establish and operate solid waste collection and disposal facilities in areas outside the corporate limits of a city. The board may by ordinance regulate the use of a disposal facility provided by the county, the nature of the solid wastes disposed of in a facility, and the method of disposal. The board may contract with any city, individual, or privately owned corporation to collect and dispose of solid waste in the area. Counties and cities may establish and operate joint collection and disposal facilities. A joint agreement shall be in writing and executed by the governing bodies of the participating units of local government.
(b) The board of county commissioners may impose a fee for the collection of solid waste. The fee may not exceed the costs of collection.
The board of county commissioners may impose a fee for the use of a disposal facility provided by the county. The fee for use may not exceed the cost of operating the facility and may be imposed only on those who use the facility. The fee for use may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal. A county may not impose a fee for the use of a disposal facility on a city located in the county or a contractor or resident of the city unless the fee is based on a schedule that applies uniformly throughout the county.
The board of county commissioners may impose a fee for the availability of a disposal facility provided by the county. A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the county that benefits from the availability of the facility. A county may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the county. Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor is not considered to benefit from a disposal facility provided by the county and is not subject to a fee imposed by the county for the availability of a disposal facility provided by the county.
In determining the costs of providing and operating a disposal facility, a county may consider solid waste management costs incidental to a county's handling and disposal of solid waste at its disposal facility, including the costs of the methods of solid waste management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989. A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the county.
(c) The board of county commissioners may use any suitable vacant land owned by the county for the site of a disposal facility, subject to the permit requirements of Article 9 of Chapter 130A of the General Statutes. If the county does not own suitable vacant land for a disposal facility, it may acquire suitable land by purchase or condemnation. The board may erect a gate across a highway that leads directly to a disposal facility operated by the county. The gate may be erected at or in close proximity to the boundary of the disposal facility. The county shall pay the cost of erecting and maintaining the gate.
(d),(e) Repealed by Session Laws 1991, c. 652, s. 1.
(f) This section does not prohibit a county from providing aid to low-income persons to pay all or part of the cost of solid waste management services for those persons."
Sec. 28. G.S. 160A-314 is amended by adding a new subsection to read:
"(a2) A fee for the use of a disposal facility provided by the city may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal. This section does not prohibit a city from providing aid to low-income persons to pay all or part of the cost of solid waste management services for those persons."
Sec. 29. Section 2 of Chapter 321 of the 1995 Session Laws in repealed.
Sec. 30. (a) Each unit of local government shall adopt a resolution approving the comprehensive solid waste management plan required by G.S. 130A-309.09A(b), as amended by Section 13 of this act, and shall begin implementation of the plan by 1 July 1997. Units of local government that prepared a solid waste management plan pursuant to G.S. 130A-309.09A(b) prior to the date this act becomes effective may, in lieu of developing a new plan, update their existing plan to meet the requirements of G.S. 130A-309.09A(b), as amended by Section 13 of this act.
(b) A generator of industrial waste who is required to develop a solid waste management plan by G.S. 130A-309.09D(c), as enacted by Section 16 of this act, is not required to complete the plan until 1 July 1997, and is not required to file a report on the implementation of the plan with the Department of Environment, Health, and Natural Resources until 1 August 1998.
Sec. 31. This act becomes effective 1 October 1996.
In the General Assembly read three times and ratified this the 20th day of June, 1996.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives