NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 464

HOUSE BILL 290

AN ACT TO AMEND THE SOLID WASTE MANAGEMENT ACT.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130-166.16(4) is hereby amended by deleting the words "as determined by the Commission," on line 1.

Sec. 2.  G.S. 130-166.18(c)(1) is hereby amended by deleting the comma and adding the word "and" between the words "wastes" and "identifying" on line 1 and by deleting the words "and listing particular hazardous wastes" on lines 2 and 3.

Sec. 3.  G.S. 130-166.21D(b) is hereby rewritten to read as follows:

"(b)      The solid waste management program concerning hazardous waste maintained by the State under this Article shall be no more comprehensive than the hazardous waste program prescribed under the federal act. The rules and standards concerning hazardous waste promulgated under this Article shall be no more stringent than those rules, regulations and standards promulgated under the federal act."

Sec. 4.  Notwithstanding the provisions of G.S. 130-166.2lD(b) and pending the adoption of federal rules on hazardous waste, the Commission for Health Services may adopt rules no more stringent than the proposed standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities, proposed to be subpart D of Part 250 of Title 40 of the Code of Federal Rules, as contained in the Federal Register, Volume 43, Number 243 (December 18, 1978), pages 58994 through 59028, with the following exceptions: proposed sections 250.40, 250.43-5, and 250.46 through 250.46-6. In accordance with such rules, the Department may issue permits for the establishment and operation of hazardous waste facilities. This section and the rules promulgated under its authority are repealed on March 1, 1981.

Sec. 5.  G.S. 130-166.21E(b) is hereby amended by substituting the word "continuing" for the word "continued" on line 1 and by substituting the words "five thousand dollars ($5,000)" for the words "one thousand dollars ($1,000)" on lines 3 and 4.

Sec. 6.  G.S. 130-166.21F is hereby amended by substituting the cross-reference "130-205" for the cross-reference "130-305" on line 2.

Sec. 7.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 26th day of April, 1979.