GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 621
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-290 is amended by adding four new subdivisions to read:
"(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, or solid waste from mining or agricultural operations.
(18b) 'Municipal solid waste management facility' means any publicly or privately owned solid waste management facility permitted by the Department that receives municipal solid waste for processing, treatment, or disposal.
(28a) 'Refuse-derived fuel' means a form of fuel derived from a municipal solid waste by a processing system in which recyclable and noncombustible materials are removed and the remaining combustible material is converted for use as a fuel.
(41a) 'Tire-derived fuel' means a form of fuel derived from scrap tires."
Sec. 2. 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 volume reduction
at the source;
(2) Recycling and reuse;
(3) Composting;
(4) Incineration with energy production;
(5) Incineration for volume reduction;
(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 that at least twenty-five percent (25%) of the total waste stream
be recycled by 1 January 1993. to reduce the municipal solid waste
stream through source reduction, reuse, recycling, and composting, on a per
capita basis, on the following schedule:
(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 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.
(d) In furtherance of the
State's solid waste management policy, each State agency shall develop a solid
waste management plan for any waste which it generates which is
consistent with the solid waste management policy of the State.
(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 recycling goal. 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. 3. G.S. 130A-309.06(a) reads as rewritten:
"(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. 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 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 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 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) 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."
Sec. 4. G.S. 130A-309.06(c) reads as rewritten:
"(c) The Department shall
prepare by 1 March May 1991, and every year thereafter, 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, 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-309.09(d). 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 materials.
(7) Recommendations to the Governor and the General Assembly to improve the management and recycling of solid waste in the State."
Sec. 5. G.S. 130A-309.07(3) reads as rewritten:
"(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-309.09(d). 130A-309.04."
Sec. 6. G.S. 130A-309.08(d) reads as rewritten:
"(d) In order to assist in
achieving the municipal solid waste reduction goal and the recycling provisions
of G.S. 130A-309.09 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."
Sec. 7. Subsections (a), (f), (g), and (r) of G.S. 130A-309.09 are recodified as G.S. 130A-309.09A and read as rewritten:
"§ 130A-309.09.
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. Pursuant to this section and notwithstanding any other provision of this Chapter, designated local governments may adopt ordinances governing the disposal in facilities which they operate of solid waste generated outside of the area designated to be served by such facility. Such ordinances shall not be construed to apply to privately operated disposal facilities located within the boundaries of a designated 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.
(f)(c) The Department may reduce or
modify the municipal solid waste reduction goal that a designated unit
of local government is required to attempt to achieve pursuant to
subsection (d) (b) of this section if the designated unit
of local government demonstrates to the Department that:
(1) The achievement of the
goal set forth in subsection (d) would have an adverse effect on the
financial obligations of a designated the unit of local
government incurred prior to the effective date of this section 1
October 1989 that are directly related to a waste-to-energy facility owned
or operated by or on behalf of the designated a unit of local
government; and
(2) The designated 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 shall
may not be waived entirely and may only be reduced or
modified only to the extent necessary to alleviate the adverse effects of
achieving the goal on the financial viability of a designated unit of
local government's waste-to-energy facility. Nothing in this
subsection shall exempt a designated unit of local government
from developing and implementing a recycling program pursuant to this Part.
(g)(d) In order to assess the progress in
meeting the goal established in subsection (d) of this section, goals
set out in G.S. 130A-309.04, each designated local government county,
either individually or in cooperation with one or more other counties, shall,
by 1 October 1990, December 1991 and each year thereafter, report
to the Department its annual on the solid waste management program
programs and recycling activities. activities within the
county or the geographic area covered by the county's solid waste management
plan. The This report by the designated local
government county must include:
(1) A description of its
public education program programs on recycling;
(2) The amount of solid
waste disposed of at received at municipal solid waste disposal
management facilities, by type of waste such as yard trash, white
goods, clean debris, tires, and unseparated solid waste; 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 percent
reduction each year annual reduction in municipal solid waste
disposed of at solid waste disposal facilities; waste, measured as
provided in G.S. 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
(7) In its first report, a description of any recycling activities implemented prior to 1 July 1991.
(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.
(r)(f) On and after 1 July 1991,
each operator of a municipal solid waste management facility owned or
operated by or on behalf of a county or municipality, except existing
facilities which will not be in use one year after the effective date of this
section, shall weigh all solid waste when it is received."
Sec. 8. Subsections (b), (c), (i), (j), (k), (l), and (m) of G.S. 130A-309.09 are recodified as G.S. 130A-309.09B and read as rewritten:
"§ 130A-309.09B. Local government recycling programs.
(b)(a) Each designated 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. 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.
(2) At a
minimum, a majority of marketable materials identified pursuant to G.S.
130A-309.14(b) must be separated from the solid waste stream prior to final
disposal at a solid waste disposal facility and must be offered for recycling
if the separation and collection of these materials is economically feasible
and markets for such materials exist in such proximity as to make
transportation of such materials to such markets economically feasible.
(3) Units of local
government are encouraged to separate all 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 mechanically treated organic
solid waste into compost available for agricultural and other acceptable
uses.
(c)(b) Each designated local
government shall ensure, to To the maximum extent possible, that
municipalities within its boundaries practicable, units of local
government should participate in the preparation and implementation of joint
recycling and solid waste management programs programs, whether through
joint agencies established pursuant to G.S. 153A-421, G.S. 160A-462 160A-462,
or any other means provided by law. Nothing in a county's
solid waste management or recycling 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.
(i)(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.
(j)(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.
(k)(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.
(l)(f) It is the policy of the
State that a 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 or by requesting the passage of special
legislation, 160A-462, which local governmental agency shall
administer a solid waste management or recycling program.
(m)(g) The designated 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 written
notice to all units of local government within the designated local government
when recycling program development begins and shall provide periodic
written progress reports to the units of local government concerning the preparation
implementation of the recycling program."
Sec. 9. Subsections (h), (n), (o), (p), (q), (s), and (t) of G.S. 130A-309.09 are recodified as G.S. 130A-309.09C and read as rewritten:
"§ 130A-309.09C. Additional powers of local governments; construction of this Part; effect of noncompliance.
(q)(a) To effect the purposes of this Part,
counties and municipalities are authorized, in addition to other powers granted
pursuant to this Part:
(1) To contract with persons to provide resource recovery services or operate resource recovery facilities on behalf of the county or municipality.
(2) To indemnify persons providing resource recovery services or operating resource recovery facilities for liabilities or claims arising out of the provision or operation of such services or facilities that are not the result of the sole negligence of the persons providing the services or operating the facilities.
(3) To contract with persons to provide solid waste disposal services or operate solid waste disposal facilities on behalf of the county or municipality.
(h)(b) A county or municipality may enter
into a written agreement with other persons, including persons transporting
solid waste, to undertake to fulfill some or all of the county's or
municipality's responsibilities under this section. Part.
(n)(c) Nothing in this section Part
shall be construed to prevent the governing board of any county or
municipality from providing by ordinance or regulation for solid waste
management standards which are stricter or more extensive than those imposed by
the State solid waste management program and rules and orders issued to
implement the State program.
(o)(d) Nothing in this Part or in any
rule adopted by any agency shall be construed to require any county or
municipality to participate in any regional solid waste management until the
governing board of the county or municipality has determined that participation
in such a program is economically feasible for that county or
municipality. Nothing in this Part or in any special or local act or in
any rule adopted by any agency shall be construed to limit the authority of a
municipality to regulate the disposal of solid waste located within its
boundaries or generated within its boundaries so long as a facility for any
such disposal has been approved by the Department, unless the municipality is
included within a solid waste management program created under a joint agency
or special or local act. If bonds had been issued to finance a solid
waste management program in reliance on State law granting to a designated
local government unit of local government, a region, or a special
district the responsibility for the solid waste management program, nothing
herein shall permit any governmental agency to withdraw from the program if the
agency's participation is necessary for the financial feasibility of the
project, so long as the bonds are outstanding.
(p)(e) Nothing in this Part or in any
rule adopted by any State agency pursuant to this Part shall require any person
to subscribe to any private solid waste collection service.
(s)(f) In the event the power to
manage solid waste has been granted to a special district a region,
special district, or other entity by special act or joint agency, has
been established to manage solid waste, any duty or responsibility or
penalty imposed under this Part on a county or municipality unit of
local government shall apply to such region, special district district,
or other entity to the extent of the grant of the duty or responsibility or
imposition of such penalty. To the same extent, such region, special
district district, or other entity shall be eligible for grants
or other benefits provided pursuant to this Part.
(t)(g) In addition to any other
penalties provided by law, a unit of local government that does not comply with
the requirements of subsections (b) and (d) 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, 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 subsections (b) and (d) 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."
Sec. 10. Subsections (d) and (e) of G.S. 130A-309.09 are repealed.
Sec. 11. Part 2A of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-309.09D. Responsibilities of owners and operators of privately owned municipal solid waste management facilities.
(a) The owner or operator of a privately owned 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.
(b) On or before 1 August 1992 and each year thereafter, 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 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."
Sec. 12. Part 2A of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-309.29. Adoption of rules.
The Commission may adopt rules to implement the provisions of this Part pursuant to Article 2 of Chapter 150B of the General Statutes."
Sec. 13. (a) The Environmental Review Commission shall study the management of nonhazardous solid waste in the State. The study shall include, but is not limited to:
(1) Issues relating to control of the nonhazardous solid waste stream.
(2) The relation between State and local solid waste management plans required by G.S. 130A-309.07 and G.S. 130A-309.04(e) and the issuance of permits for nonhazardous solid waste management facilities.
(b) The Environmental Review Commission may request any appropriate committee, commission, or State agency to conduct all or any part of the study authorized by this section and to report its findings and recommendations either to the Environmental Review Commission or directly to the General Assembly. If the committee, commission, or State agency agrees to conduct the study, the committee, commission, or State agency shall do so using funds already appropriated or otherwise available to it.
(c) The Environmental Review Commission may report its findings, together with any recommended legislation, to either the 1992 Regular Session of the 1991 General Assembly or to the 1993 General Assembly by filing copies of its report with the President Pro Tempore of the Senate and the Speaker of the House of Representatives.
Sec. 14. G.S. 14-399.2(b), as amended by Chapter 236 of the 1991 Session Laws, reads as rewritten:
"(b) No person may sell or
distribute for sale in this State any container connected to another by a yoke
or ring type holding device constructed of plastic that is neither degradable
nor recyclable. No person may sell or distribute for sale in this State
any container connected to another by a yoke or ring type holding device
constructed of plastic that is recyclable but that is not degradable unless
such device does not have an orifice larger than one and one-half three-fourths
inches. The manufacturer of a degradable yoke or ring type holding
device shall emboss or mark the device with a nationally recognized symbol
indicating that the device is degradable. The manufacturer of a
recyclable yoke or ring type holding device shall emboss or mark the device
with a symbol of the type specified in G.S. 130A-309.10(e) indicating the
plastic resin used to produce the device and that the device is
recyclable. The manufacturer shall register the symbol with the Secretary
of State with a sample of the device."
Sec. 15. This act is effective upon ratification except that Section 14 of this act becomes effective 1 October 1991.
In the General Assembly read three times and ratified this the 9th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives