GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

SESSION LAW 2013-25

SENATE BILL 24

AN ACT to amend the gameland buffer requirement applicable to sanitary landfills for the disposal of construction and demolition debris waste under certain conditions.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A-295.6 reads as rewritten:

"§ 130A-295.6.  Additional requirements for sanitary landfills.

…

(d)        The Department shall not issue a permit to construct any disposal unit of a sanitary landfill if, at the earlier of (i) the acquisition by the applicant or permit holder of the land or of an option to purchase the land on which the waste disposal unit will be located, (ii) the application by the applicant or permit holder for a franchise agreement, or (iii) at the time of the application for a permit, any portion of the proposed waste disposal unit would be located within:

(1)        Five miles of the outermost boundary of a National Wildlife Refuge.

(2)        One mile of the outermost boundary of a State gameland owned, leased, or managed by the Wildlife Resources Commission pursuant to G.S. 113-306.G.S. 113-306, except as provided in subdivision (2a) of this subsection.

(2a) Five hundred feet of the outermost boundary of a State gameland owned, leased, or managed by the Wildlife Resources Commission pursuant to G.S. 113-306, when all of the following conditions apply:

a. The waste disposal unit will only be permitted to accept construction and demolition debris waste.

b. The disposal unit is located within the primary corporate limits of a municipality located in a county with a population of less than 15,000.

c. All portions of the gameland within one mile of the disposal unit are separated from the disposal unit by a primary highway designated by the Federal Highway Administration as a U.S. Highway.

(3)        Two miles of the outermost boundary of a component of the State Parks System.

…."

SECTION 2.  This act is effective when it becomes law and applies to any application for a permit for a sanitary landfill for the disposal of construction and demolition debris waste pending on that date or submitted on or after that date.

In the General Assembly read three times and ratified this the 3^rd day of April, 2013.

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

                                                                    s/  Thom Tillis

                                                                         Speaker of the House of Representatives

                                                                    s/  Pat McCrory

                                                                         Governor

Approved 4:45 p.m. this 9^th day of April, 2013