NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 444

HOUSE BILL 337

AN ACT TO REQUIRE THE RECORDATION OF THE ORDER OF APPROVAL OF SANITARY LANDFILL SITES, IN ORDER TO PROTECT SUBSEQUENT PURCHASERS OF THE SITE.

The General Assembly of North Carolina enacts:

Section 1.  A new section, numbered G.S. 130-166.21, is added at the end of Article 13B of G.S. Chapter 130, to read as follows:

"§ 130-166.21.  Recordation of order of approval of landfill sites. — Whenever the State Board of Health approves a sanitary landfill as a solid waste disposal facility, the successful applicant for approval shall file a certified copy of the Board's order of approval in the register of deeds' office of the county or counties in which the landfill is located. The register of deeds shall record the copy of the order of approval and index it in the grantor index under the name of the owner or owners of the landfill site.

The Board's order of approval shall include a description of the landfill site that would be sufficient as a description in an instrument of conveyance. When the Board transmits its order of approval to the successful applicant, it shall cause a certified copy of its order to be included with the original order, which copy shall be the copy filed in the register of deeds' office by the applicant. The chairman of the State Board or his duly authorized representative shall certify the copy of the order of approval, and this certificate need not be acknowledged nor probated. The order of approval may not take effect until the certified copy has been filed as required by this section."

Sec. 2.  This act takes effect upon ratification.

In the General Assembly read three times and ratified, this the 10th day of May, 1973.