SOLID WASTE AMENDMENTS.

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View NCGA Bill Details2017-2018 Session
Senate Bill 163 (Public) Filed Wednesday, March 1, 2017
AN ACT TO MAKE VARIOUS CLARIFYING AND AMENDATORY CHANGES TO THE SOLID WASTE STATUTES.
Intro. by Wade, Brock, Brown.

Status: Re-ref to Agriculture/Environment/Natural Resources. If fav, re-ref to Rules and Operations of the Senate (Senate Action) (Mar 2 2017)
S 163

Bill Summaries:

  • Summary date: Mar 1 2017 - View Summary

    Makes technical, clarifying and conforming changes to provisions in SL 2015-286, Section 4.9(a); SL 2015-286, Section 4.9(b) and (c); and SL 2015-241, Section 14.20(e). 

    Amends SL 2015-241, Section 14.20(f), as amended by SL 2015-286, Section 4.9(d), providing that GS 130A-294(b1)(2), which requires a person to franchise the operation of the sanitary landfill from each local government that has jurisdiction prior to applying for a permit for a sanitary landfill, as amended, applies to franchise agreements that (1) are executed on or after October 1, 2015, and (2) are executed on or before October 1, 2015, if all parties to the agreement consent to modify the agreement for the purpose of extending the agreement’s duration to the life-of-site of the landfill for which the agreement was executed.

    Amends GS 130A-294(b1)(2) to limit the franchise granted to a sanitary landfill for the life-of-site of the landfill to a period not to exceed 60 years. Excludes franchises amended by agreement of the parties to extend the duration of the franchise to the life-of-site of the landfill, for a period not to exceed 60 years, from the public hearing requirements of subdivision (3) of subsection (b).

    Amends GS 160A-319 to clarify that no franchise shall be granted for a period of more than 60 years, including a franchise granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1), provided that a franchise for solid waste collection or disposal systems and facilities, other than sanitary landfills (was, a franchise for solid waste collection or disposal systems and facilities) cannot be granted for a period of more than 30 years. 

    Amends GS 153A-136(a)(3) to provide that a county may regulate the storage, collection, use, disposal, and other disposition of solid waste by an ordinance that grants a franchise the exclusive right to commercially collect or dispose of solid waste within a defined portion or all of the county, and set terms of any franchise, provided no franchise is granted for a period of more than 30 years unless a franchise is granted to a sanitary landfill for the life-of-site of the landfill under GS 130A-294(b1) for a period not to exceed 60 years (was, may set the terms of any franchise, except no franchise may be granted for a period of 30 years). 

    The above provisions are effective retroactively to July 1, 2015.

    Directs the Division of Waste Management (Division) of the Department of Environmental Quality (Department) to examine whether solid waste management activities in the state are being conducted in a manner most beneficial to the citizens of the state in terms of efficiency and cost-effectiveness. Details areas the Division is to focus on in its examination. Directs the Department to develop economic estimates of the short- and long-term costs of waste transport as specified. Further requires the Department to provide information on landfill capacity that is permitted but not yet constructed and expansion opportunities for future landfill capacity. Directs the Department to submit a report to the Environmental Review Commission no later than March 1, 2018.