Bill Text: NC H321 | 2013-2014 | Regular Session | Chaptered
Bill Title: Amend Local Solid Waste Planning
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-08-23 - Ch. SL 2013-409 [H321 Detail]
Download: North_Carolina-2013-H321-Chaptered.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-409
HOUSE BILL 321
AN ACT to repeal the requirement that local governments develop and maintain a solid waste management plan.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A‑309.09A reads as rewritten:
"§ 130A‑309.09A. Local government solid waste responsibilities.
(a) The governing board of 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. A unit of local government may adopt ordinances governing the disposal, in facilities that it operates, of solid waste generated outside of the area designated to be served by the facility. Such ordinances shall not be construed to apply to privately operated disposal facilities located within the boundaries of the unit of local government.
(b) 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.
e. For each
county and each municipality with a population in excess of 25,000, collection
of discarded computer equipment and televisions, as defined in G.S. 130A‑309.131.
(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.
(9) (Expires
October 1, 2023) Include as a component a written plan for the
management of abandoned manufactured homes as required under G.S. 130A‑309.113(a).
(d) In order to assess the progress in meeting the goal set out in G.S. 130A‑309.04, each unit of local government shall report to the Department on the solid waste management programs and waste reduction activities within the unit of local government by 1 September of each year. At a minimum, the report shall include:
(1) A description of public education programs on recycling.
(2) The amount of solid waste received at municipal solid waste management facilities, by type of solid waste.
(3) The amount and type of materials from the solid waste stream that were recycled.
(4) The percentage of the population participating in various types of recycling activities instituted.
(5) The annual reduction in municipal solid waste, measured as provided in G.S. 130A‑309.04.
(6) Information
regarding programs and other actions implemented as part of the local
comprehensive solid waste management plan.
(7) A statement of the costs of solid waste management programs implemented by the unit of local government and the methods of financing those costs.
(8) Information regarding permanent recycling programs for discarded computer equipment and televisions for which funds are received pursuant to G.S. 130A‑309.137, and information on operative interlocal agreements executed in conjunction with funds received, if any.
(9) A description of the disaster debris management program.
(10) A description of scrap tire disposal procedures.
(11) A description of white goods management procedures.
(12) Information regarding the prevention of illegal disposal and management of litter.
."
SECTION 2. G.S. 130A‑309.09B(a) reads as rewritten:
"§ 130A‑309.09B. Local government waste reduction programs.
(a) Each unit of local
government shall 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).program.
The following requirements shall apply:
."
SECTION 3. G.S. 130A‑309.09C(g) reads as rewritten:
"§ 130A‑309.09C. Additional powers of local governments; construction of this Part; effect of noncompliance.
(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)G.S. 130A‑309.09A(b),
G.S. 130A‑309.09A(d), 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
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) G.S. 130A‑309.09A(b),
G.S. 130A‑309.09A(d), 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."
SECTION 4. G.S. 130A‑309.58(d) reads as rewritten:
"§ 130A‑309.58. Disposal of scrap tires.
(d) Each county is
responsible for developing a description of scrap tire disposal procedures. These
procedures shall be included in any solid waste management plan required by the
Department under this Article. These procedures shall be included in the
annual report required under G.S. 130A‑309.09A. Further, any
revisions to the initial description of the scrap tire disposal procedures
shall be forwarded to the Department."
SECTION 5. G.S. 130A‑309.81(c) reads as rewritten:
"§ 130A‑309.81. Management of discarded white goods; disposal fee prohibited.
(c) Plan. Each county shall
establish written procedures for the management of white goods. The county
shall include the procedures in any solid waste management plan required by the
Department under this Article.These procedures shall be included in the
annual report required under G.S. 130A‑309.09A."
SECTION 6. G.S. 130A‑309.113(a) reads as rewritten:
"§ 130A‑309.113. (Effective July 1, 2009, and expiring October 1, 2023) Management of abandoned manufactured homes.
(a) Plan. Each county
shall consider whether to implement a program for the management of abandoned
manufactured homes. If, after consideration, the county decides not to
implement a program, the county must state in the comprehensive solid waste
management plan that it is required to develop under G.S. 130A‑309.09A(b)
that the county considered whether to implement a program for the management of
abandoned manufactured homes and decided not to do so. A county may, at any
time, reconsider its decision not to implement a program for the management of
abandoned manufactured homes. If If at any time the county decides
to implement a program, the county shall develop a written plan for the
management of abandoned manufactured homes and include the plan as a
component of the comprehensive solid waste management plan it is required to
develop under G.S. 130A‑309.09A(b).homes. This plan shall be
included in the annual report required under G.S. 130A‑309.09A.
At a minimum, the plan shall include:
(1) A method by which the county proposes to identify abandoned manufactured homes in the county, including, without limitation, a process by which manufactured home owners or other responsible parties may request designation of their home as an abandoned manufactured home.
(2) A plan for the deconstruction of these abandoned manufactured homes.
(3) A plan for the removal of the deconstructed components, including mercury switches from thermostats, for reuse or recycling, as appropriate.
(4) A plan for the proper disposal of abandoned manufactured homes that are not deconstructed under subdivision (2) of this subsection."
SECTION 7. G.S. 130A‑309.137 reads as rewritten:
"§ 130A‑309.137. (See editor's note) Electronics Management Fund.
(c) Eligibility. Except
as provided in subsection (d) of this section, no more than one unit of local
government per county, including the county itself, may receive funding
pursuant to this section for a program to manage discarded computer equipment,
televisions, and other electronic devices. In order to be eligible for
funding, a A unit of local government shall:shall submit a
plan to include:
(1) Submit a
comprehensive solid waste management plan required pursuant to G.S. 130A‑309.09A,
amended as necessary to include the following information:
a. Information on
existing programs within the jurisdiction to recycle or reuse discarded
computer equipment, televisions, and other electronic devices, or information
on a plan to begin such a program on a date certain. This information shall
include a description of the implemented or planned practices for collection of
the equipment and a description of the types of equipment to be collected and
how the equipment will be marketed for recycling.
(2) b. Information
on a public awareness and education program concerning the recycling and reuse
of discarded computer equipment, televisions, and other electronic devices.
(3) c. Information
on methods to track and report total tonnage of computer equipment,
televisions, and other electronic devices collected and recycled in the
jurisdiction.
(4) d. Information
on interactions with other units of local government to provide or receive
services concerning disposal of discarded computer equipment, televisions, and
other electronic devices.
(5) e. Information
on how the unit of local government will account for the expenditure of funds
received pursuant to this section.
(2) Establish
a separate local budget account for the receipt and expenditure of funds
received pursuant to this section.
(3)(6) Contract
Proof of contract or agreement with a recycler that is certified as
adhering to Responsible Recycling ("R2") practices or that is
certified as an e‑Steward recycler adhering to the e‑Stewards
Standard for Responsible Recycling and Reuse of Electronic Equipmentฎ to
process the discarded computer equipment, televisions, and other electronic
devices that the unit of local government collects.
(c1) Submittal of Information for Distribution of Funding. Documentation meeting the requirements of subdivision (6) of subsection (c) of this section, and other information required by subsection (c) of this section, including new plans or revisions to plans as necessary, must be submitted annually on or before December 31 in order to be eligible for funding during the next distribution by the Department.
(d) Local Government
Designation. If more than one unit of local government in a county, including
the county itself, requests funding pursuant to this section, the units of
local government in question may: (i)may enter into interlocal
agreements for provision of services concerning disposal of discarded computer
equipment and televisions, and distribution of funds received pursuant to this
section among the parties to the agreement; or (ii) submit separate and
distinct comprehensive solid waste management plans pursuant to G.S. 130A‑309.09A,
with the information set forth in sub‑subdivisions a. through e. of
subdivision (1) of subsection (c) of this section. In the case of (ii), the
Department shall distribute funds to the local governments determined to be
eligible based on the percentage of the county's population to be served under
each eligible local government's program.agreement. If the units of
local government do not enter into an interlocal agreement regarding funding
under this section, the Department shall distribute funds to the eligible local
governments based on the percentage of the county's population to be served
under each eligible local government's program.
."
SECTION 8. G.S. 130A‑294 reads as rewritten:
"§ 130A‑294. Solid waste management program.
(a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:
(4) a. Develop
a permit system governing the establishment and operation of solid waste
management facilities. A landfill with a disposal area of 1/2 acre or less for
the on‑site disposal of land clearing and inert debris is exempt from the
permit requirement of this section and shall be governed by G.S. 130A‑301.1.
Demolition debris from the decommissioning of manufacturing buildings,
including electric generating stations, that is disposed of on the same site as
the decommissioned buildings, is exempt from the permit requirement of this
section and rules adopted pursuant to this section and shall be governed by G.S. 130A‑301.3.
The Department shall not approve an application for a new permit, the renewal
of a permit, or a substantial amendment to a permit for a sanitary landfill,
excluding demolition landfills as defined in the rules of the Commission,
except as provided in subdivisions (3) and (4) of subsection (b1) of this
section. No permit shall be granted for a solid waste management facility
having discharges that are point sources until the Department has referred the
complete plans and specifications to the Environmental Management Commission
and has received advice in writing that the plans and specifications are
approved in accordance with the provisions of G.S. 143‑215.1. If
the applicant is a unit of local government, and has not submitted a solid
waste management plan that has been approved by the Department pursuant to G.S. 130A‑309.09A(b),
the Department may deny a permit for a sanitary landfill or a facility that
disposes of solid waste by incineration, unless the Commission has not adopted
rules pursuant to G.S. 130A‑309.29 for local solid waste management
plans. In any case where the Department denies a permit for a solid waste
management facility, it shall state in writing the reason for denial and shall
also state its estimate of the changes in the applicant's proposed activities
or plans that will be required for the applicant to obtain a permit.
(b1)
(2) A person who intends to apply for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall obtain, prior to applying for a permit, a franchise for the operation of the sanitary landfill from each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located. A local government may adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319. A franchise granted for a sanitary landfill shall include all of the following:
a. A statement of the population to be served, including a description of the geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection of the useful life of the sanitary landfill.
d. An explanation
of how the franchise will be consistent with the jurisdiction's solid waste
management plan required under G.S. 130A‑309.09A, including
provisions for waste reduction, reuse, and recycling.
e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction of the franchising entity.
f. A facility plan for the sanitary landfill that shall include the boundaries of the proposed facility, proposed development of the facility site in five‑year operational phases, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the proposed location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility.
. "
SECTION 9. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25th day of July, 2013.
s/ Tom Apodaca
Presiding Officer of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Pat McCrory
Governor
Approved 10:51 a.m. this 23rd day of August, 2013
