SOLID WASTE MANAGEMENT REFORM ACT OF 2013.

View NCGA Bill Details2013-2014 Session
Senate Bill 328 (Public) Filed Thursday, March 14, 2013
A BILL TO BE ENTITLED AN ACT TO (1) EXTEND THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND TRANSFER STATIONS TO THIRTY YEARS; (2) MODIFY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES' AUTHORITY TO ISSUE AND TRANSFER PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES; (3) MODIFY CERTAIN REQUIREMENTS GOVERNING SANITARY LANDFILLS, INCLUDING APPLICABLE BUFFERS, CLEANING AND INSPECTION OF LEACHATE COLLECTION LINES, ALTERNATIVE DAILY COVER, AND REQUIRED STUDIES FOR CERTAIN LANDFILL OWNERS AND OPERATORS; (4) MODIFY REQUIREMENTS FOR FINANCIAL RESPONSIBILITY APPLICABLE TO APPLICANTS AND PERMIT HOLDERS FOR SOLID WASTE MANAGEMENT FACILITIES; (5) AMEND THE RULE GOVERNING COLLECTION AND TRANSPORT OF SOLID WASTE TO REQUIRE THAT CONTAINERS BE "LEAK-RESISTANT" RATHER THAN "LEAK-PROOF," AND AMEND A STATUTE THAT REQUIRES VEHICLES TO BE CONSTRUCTED AND LOADED TO PREVENT LEAKAGE; (6) AMEND THE DEFINITION OF LEACHATE TO EXCLUDE LIQUID ADHERING TO TIRES OF VEHICLES LEAVING SANITARY LANDFILLS AND TRANSFER STATIONS; (7) AUTHORIZE CITIES AND COUNTIES THAT ACCEPT SOLID WASTE FROM OTHER LOCAL GOVERNMENTS TO LEVY A SURCHARGE ON FEES FOR USE OF THEIR DISPOSAL FACILITIES, AND AUTHORIZE THEM TO MAKE APPROPRIATIONS FROM A UTILITY OR PUBLIC SERVICE ENTERPRISE FUND USED FOR OPERATION OF A LANDFILL TO THE JURISDICTION'S GENERAL FUND UPON CERTAIN FINDINGS; (8) REQUIRE THE RETURN OF A PORTION OF THE REIMBURSEMENTS PAID OUT PURSUANT TO S.L. 2007-543 IN CERTAIN CIRCUMSTANCES; AND (9) MAKE RELATED CLARIFYING, CONFORMING, AND TECHNICAL CHANGES.
Intro. by Wade, Brown, Jackson.

Status: Ref to the Com on Environment, if favorable, Finance (House Action) (Jun 26 2013)

SOG comments (2):

Long title change.

Senate committee substitute changes the long title. The previous long title was as follows:

A BILL TO BE ENTITLED AN ACT TO DIRECT THE COMMISSION FOR PUBLIC HEALTH AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ADOPT AND ENFORCE A RULE REQUIRING VEHICLES OR CONTAINERS USED FOR THE COLLECTION AND TRANSPORTATION OF SOLID WASTE TO BE LEAK-RESISTANT, RATHER THAN LEAK-PROOF.

Long title change.

Senate committee substitute changes the long title. The previous long title was as follows:

A BILL TO BE ENTITLED AN ACT TO (1) EXTEND THE DURATION OF PERMITS FOR SANITARY LANDFILLS AND TRANSFER STATIONS TO THIRTY YEARS ("LIFE OF SITE"); (2) MODIFY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES' AUTHORITY TO ISSUE AND TRANSFER PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES; (3) MODIFY CERTAIN REQUIREMENTS GOVERNING SANITARY LANDFILLS, INCLUDING CONDUCT OF ENVIRONMENTAL IMPACTS STUDIES, APPLICABLE BUFFERS, CLEANING AND INSPECTION OF LEACHATE COLLECTION LINES, ALTERNATIVE DAILY COVER, AND LANDFILL GAS TO ENERGY FEASIBILITY STUDY; (4) MODIFY REQUIREMENTS FOR FINANCIAL RESPONSIBILITY APPLICABLE TO APPLICANTS AND PERMIT HOLDERS FOR SOLID WASTE MANAGEMENT FACILITIES; (5) SPECIFY THAT CLEANUP OF ON-SITE LEACHATE IS NOT REQUIRED WHEN CONDUCTING RISK-BASED REMEDIATION OF LANDFILLS; (6) LIMIT THE FREQUENCY OF CHANGES TO GROUNDWATER STANDARDS; (7) AMEND THE RULE GOVERNING COLLECTION AND TRANSPORT OF SOLID WASTE TO REQUIRE THAT CONTAINERS BE "LEAK-RESISTANT" RATHER THAN "LEAK-PROOF"; (8) AMEND RULES GOVERNING CONTROL OF LEACHATE TO CLARIFY THAT LIQUID ADHERING TO TIRES OF VEHICLES LEAVING SANITARY LANDFILLS OR LIQUID GENERATED DURING THE TRANSPORT OF SOLID WASTE SHALL NOT BE TREATED AS VIOLATIONS OF LEACHATE CONTROL REQUIREMENTS; (9) CITIES AND COUNTIES THAT ACCEPT SOLID WASTE FROM OTHER LOCAL GOVERNMENTS TO LEVY A SURCHARGE ON FEES FOR USE OF THEIR DISPOSAL FACILITIES, AND TO MAKE APPROPRIATIONS FROM A UTILITY OR PUBLIC SERVICE ENTERPRISE FUND USED FOR OPERATION OF A LANDFILL TO THE JURISDICTION'S GENERAL FUND UPON CERTAIN FINDINGS; AND (10) MAKE RELATED CLARIFYING, CONFORMING, AND TECHNICAL CHANGES.

S 328

Bill Summaries:

  • Summary date: Jun 24 2013 - More information

    Senate amendments make the following changes to the 3rd edition.

    Amendment #1 makes the following changes.

    Amends GS 130A-294 to providethat permits issued pursuant to new subsection (a2)must take into account both the duration of any permits previously issued for the facility andthe remaining capacity at the facility (was, the duration of previously issued permits).

    Amends GS 130A-295.8(b)(3) to reinsert sub-subdivision a, deleted in the 3rd edition,which providedthat permit modification applies to an application for any changeto the plans approved in a permit for a solid waste management facility that is not a "permit amendment" or a "new permit." Also provides that thissub-subdivision does not apply to sanitary landfills or transfer stations. Makes an organizational change.

    Provides that Section 3 of this act becomes effectiveJuly 1, 2014 (was, August 1, 2013).Provides that GS 130A-295.6(h2), as enacted by Section 3(a) of this act, applies to new landfills for which a permit is issued on or after July 1, 2014.

    Amendment #2 makes the following changes.

    Amends GS 130A-294(a)(4)c to require the Department ofEnvironment and Natural Resources (DENR) to deny a permit for a solid waste management facility upon a finding that construction or operation of the proposed facility would encroach on or have a significant adverse impact on any military installation or branch of the military. Defines military installation for the purposes of this section. Adds new subsection (b4) to GS 130A-294to require DENR, within 10 days of receiving an application for a permit or a substantial amendment to an existing permit for a sanitary landfill or transfer station, to notify designated points of contact for the Department of Defense and the Department of Homeland Security and to forward a copy of the application to the points of contactwith a request for a determination by both departments as to whether the proposed facility would encroach upon or have an otherwise significant adverse impact on any military installation or branch of the military. Provides that if DENR does not receive a statementindicating that the facility will have anadverse impact within 45 days of submitting the request, then DENR is to consider the proposed facility to have no adverse impact.


  • Summary date: Jun 20 2013 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Changes the long title.

    Part I, Extension of Duration of Permits for Sanitary Landfills and Transfer Stations to Thirty Years and Conforming Changes (was, Extension of Duration of Permits for Sanitary Landfills and Transfer Stations to Thirty Years ("Life of Site") and Conforming Changes

    Amends GS 130A-294, providing that permits for sanitary landfills and transfer stations will be issued for up to 30 years (was, issued for a design and operation phase of 30 years). Provides that permits issued pursuant to subsection (a2) must take into account the duration of any permits previously issued for the facility. Provides that each limited review, conducted at five-year intervals, must review the operations plan, closure plan, post-closure plan, financial assurance cost estimates, environmental monitoring plans, and all other applicable plans for the facility. Makes conforming changes to durations of the permits noted above.

    Amends GS 130A-295.8, Fees applicable to permits for solid waste management facilities, providing that "new permit" includes one site suitability review, the initial permit to construct, and one permit to operate (was, permit to operate the constructed portion of a phase included in the permit to construct, now deleted). Amends the definition of permit amendment, deleting language stating that "permit amendment" includes an application for a permit to construct and one permit to operate for the second and subsequent phases of landfill development described in the approved facility plan for a permitted solid waste management facility. Establishes that the provisions and language included in the meaning of "permit amendment" do not apply to sanitary landfills or transfer stations. Provides that permit modification means an application for a five-year limited review of a permit issued pursuant to GS 130A-294(a2), which also includes the review of the operations plan, closure plan, post-closure plan, financial assurance cost estimates, environmental monitoring plans, and all other applicable plans for the facility. Deletes all other language and changes previously included in the meaning of "permit modification." Amends the meaning of major permit modification to be an application for any change to approved engineering plans for a landfill or transfer station permitted for up to a 30-year design capacity that does not constitute a new permit or permit modification (previously, also included any change that was not considered to be a permit amendment in the meaning, now deleted).  Provides that an application for a permit to be issued pursuant to GS 130A-294(a2), issued for less than 30 years and an application for a subsequent permit with a term of up to 30 years for a sanitary landfill or transfer station is also included in the meaning of a "major permit modification."  Adds that ownership modification means any application that proposes a change to ownership or corporate structure of a permitted landfill or transfer station.

    Adds and amends the base fees for permits, effective July 1, 2014, for municipal solid waste landfills according to size, construction and demolition landfills according to size, industrial landfills according to size, tire monofill, and transfer stations according to size and provides a base fee for a permit for ownership modification of municipal solid waste landfills, construction and demolition landfills, industrial landfills, tire monofill, and transfer stations.

    Effective July 1, 2014, facilities which are issued permits for a period less than 30 years, based on the duration of all design and operation permits previously issued, must pay a proportional amount of the corresponding base fee, pro-rated in accordance with the duration of the permit. Sets out how the fee will be calculated, providing that, for specified facilities, (1) 50% of the base fee will be paid with the submission of the application, (2) 25% must be paid five years after issuance of the permit, and (3) 25% must be paid 10 years after issuance of the permit. Establishes that if the permit was originally issued for less than 15 years, the fee will be paid at other periodic intervals as required. Fees for facilities falling outside of the categories above must be submitted  upon submission of an application.

    Adds to and amends the amounts of the annual permit fee, paid before August 1 of each year, for municipal solid waste landfills according to size, construction and demolition landfills according to size, industrial landfills according to size, transfer stations according to size, and tire monofill.

    Makes conforming and technical changes throughout Part I.

    Part II, Miscellaneous Modifications to the Department of Environment and Natural Resources' Authority to Issue and Transfer Permits for Solid Waste Management Facilities and Conforming Changes

    Makes conforming changes throughout Part II, deleting language referring to the renewal of permits and replacing it with language such as "major modification" or "majorly modified," reflecting the change to the issuance of 30-year permits without renewals.

    Amends GS 130A-294, regarding the reasons that an application for a permit for a solid waste management facility must be denied, deleting language that prohibited the approval of applications for a permit that would place a facility in a natural hazard area.  Amends GS 130A-294(a1), providing that transferring a permit for a solid waste management facility requires, among other things, Department of Environment and Natural Resources (DENR) approval.

    Part III, Modifications to Certain Requirements Governing Sanitary Landfills Including Applicable Buffers, Cleaning and Inspection of Leachate Collection Lines, Alternative Daily Cover, and Required Studies for Certain Landfill Owners and Operators (was, Modifications to Certain Requirements Governing Sanitary Landfills including Environmental Impacts Study,  Applicable Buffers, Cleaning and Inspection of Leachate Collection Lines, Alternative Daily Cover, and Landfill Gas to Energy Feasibility Study)

    Amends GS 130A-295.6(a), concerning requirements for sanitary landfills, deleting previous changes made to this subsection and providing that an applicant for a proposed sanitary landfill must contract with a qualified third-party, approved by DENR, to conduct a study of the environmental impacts of any proposed sanitary landfill, in conjunction with its application for new permits pursuant to GS 130A-295.8. Amends GS 130A-295.6(b), deleting a requirement that DENR must require a buffer between any surface water impoundment and the nearest waste disposal unit of a sanitary landfill. Now provides that a buffer is only required between streams with continuous flow and the nearest waste disposal unit. Provides that a waste disposal unit of a sanitary landfill cannot be constructed within wetlands classified as water of the United States (previously, did not allow the placement of a waste disposal unit within a wetlands except in compliance with applicable federal and state laws). Deletes the prohibition on the construction of any disposal unit of a sanitary landfill within designated critical habitats for a threatened or endangered species and historically or archeologically sensitive sites with more than local significance. Also provides that the prohibition on construction within 1500 feet of a national or state park, forest, wilderness area, recreation area, or various other environmental and natural resources is measured from the outermost boundary, and now provides that the buffer does not apply to preserve or management areas.

    Amends GS 130A-295.6(h), concerning leachate collection lines, providing that remote camera inspections of leachate collection lines must occur upon the completion of construction of any sanitary landfill and at least once every five years. Requires the cleaning of leachate collection lines to the point necessary to ensure proper functioning of the lines and to address the buildup of leachate over the landfill liner. Amends GS 130A-295.6(i), providing that DENR will not issue a permit for a sanitary landfill that authorizes a maximum height, including the cap and vegetation, of more than 250 (was, 300) feet above the mean natural elevation of the disposal area. Deletes previously added enhanced closure requirements concerning vegetative cover and reclamation of property.

    Repeals SL 2013-25, concerning gameland buffer requirements.

    Amends the enactment clause of Part III, providing that GS 130A-295.6(h1) and (h2) apply to new landfills which have been permitted on or after August 1, 2013. Provides that, to the extent GS 103A-295.6 imposes more stringent requirements than those in effect prior to August 1, 2007, the more stringent requirements will not apply to the following:

    (1) An amendment, modification, or other change to a permit for a landfill issued on or before June 1, 2006.

    (2) A permit for a horizontal or vertical expansion of a landfill permitted on or before June 1, 2006.

    (3) A permit to construct a new landfill within the facility boundary identified in the facility plan of a landfill permitted on or before June 1, 2006.

    (4) A permit to operate a new landfill if a permit to construct the new landfill was issued on or before June 1, 2006.

    (5) A permit for a sanitary landfill used only to dispose of waste generated by a coal-fired generating unit that is owned or operated by an investor-owned utility subject to the requirements of GS 143-215.107D.

    (6) A permit for a sanitary landfill determined to be necessary by the Secretary of Environment and Natural Resources in order to respond to an imminent hazard to public health or a natural disaster.

    Part IV, Modifications to Requirements for Financial Responsibility Applicable to Applicants and Permit Holders for Solid Waste Management Facilities

    Amends GS 130A-295.2, concerning financial responsibility requirements for solid waste facilities, providing that the owner or operators of a sanitary landfill must establish financial assurance sufficient to cover the costs of potential assessment and corrective action at the facility (previously, provided that DENR could increase the amount of financial assurance required of a permit holder).

    Deletes Parts V (amending GS 130A-310.68, remediation standards) and Part VI (amending GS 143-214.1, adding a limitation on the development of groundwater standards) of the previous edition of the bill.

    Part V, Amend the Rule Governing Collection and Transport of Solid Waste to Require That Containers be "Leak-Resistant" Rather than "Leak-Proof," and Amend a Statute that Requires Vehicles to be Constructed and Loaded to Prevent Leakage (was, Amend the Rule Governing Collection and Transport of Solid Waste to Require that Containers be "Leak-Resistant" Rather than "Leak-Proof")

    Makes technical and conforming changes.

    Amends GS 20-116, concerning the size of vehicles and their load, deleting the requirement that a vehicle must be constructed and loaded in a way to prevent any of its load from leaking. Provides that, for the purposes of this subsection, the terms "load" and "leaking" do no include water accumulated from precipitation.

    Part VI, Amend the Definition of "Leachate" to Exclude Liquid Adhering to Tires of Vehicles Leaving Sanitary Landfills and Transfer Stations (was, Part VIII, Amend Rules Governing Control of Leachate to Clarify that Liquid Adhering to Tires of Vehicles Leaving Sanitary Landfills or Liquid Generated During the Transport of Solid Waste Shall Not Be Treated as Violations of Leachate Control Requirements)

    Amends GS 130A-290(16a), providing that the term "leachate" does not include liquid adhering  to tires of vehicles leaving a sanitary landfill and transfer stations (was, did not include liquid adhering to tires of vehicles leaving a sanitary landfill or liquids that are generated during transportation of solid waste). Deletes the remainder of Part VI, concerning the implementation of a temporary Leachate Storage Requirement Rule.

    Part VIII, Return of Reimbursements/SL 2007-543 (new)

    Provides that applicants for a permit for a sanitary landfill that received funds as reimbursement in accordance with subsection (a) through (g) of Section 3 of SL 2007-543 are required to repay 80% of the funds received as reimbursement to the Secretary of Revenue before a permit to construct a sanitary landfill on property that was the subject of the reimbursement. Funds received by the Secretary of Revenue pursuant to the above will be credited or distributed as set forth in GS 105-187.63.

     

     


  • Summary date: Jun 19 2013 - More information

    Senate committee substitute to the 2nd edition is to be summarized.


  • Summary date: Jun 7 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes the long title.

    Includes whereas clauses regarding solid waste services management.

    Part I, Extension of Duration of Permits for Sanitary Lanfills and Transfer Stations to Thirty Year ("Life of Site") and Conforming Changes.

    Enacts new subsection GS 130A-294(a2), providing that all permits for sanitary landfills (landfill) and transfer stations will be issued for a design and operation phase of 30 years, unless revoked or upon the expiration of any local government franchise required for the facility pursuant to (b1) of this section. Establishes that each permit will have a limited review of five years after issuance of the initial permit, with reviews following at each five year interval until the expiration.

    Directs the Commission for Public Health (Commission) to adopt rules, no later than July 1, 2014, to allow applicants for permits for landfills to apply for a permit to construct and operate a 30-year phase of landfill development. Also requires the Commission, no later than July 1, 2014, to adopt rules allowing applicants for permits for transfer stations to apply for a permit with a 30-year duration to construct and operate a transfer station.

    Amends GS 130A-295.8, concerning fees applicable to solid waste facility permits, providing that an application for a five-year limited review of a 30-year permit, as required by GS 130A-294(a2), is considered to be permit modification. Adds a new term for use in the section, Major permit modification, which means and is considered to be an application for any change to approved engineering plans for a landfill or transfer station permitted for a 30 year design capacity that does not constitute a permit amendment, new permit, or permit modification. Provides a schedule for payment of the application fee, with due dates and the amount due specified in regards to the type of facility applied for. Specifies increases to the fees applicable to new landfills and transfer stations permitted on or after July 1, 2014. Directs DENR to adjust these fees annually for inflation on January 1. Specifies fee increases for specified permitted solid waste management facilities.

    Amends GS 130A-295.3, concerning environmental compliance review requirements, making a conforming change, striking the word "renewal", reflecting the extension of permit duration to 30 years.

    Repeals Section 15.1 of SL 2012-187, concerning applications for 5-year and 10-year landfills.

    Repeals SL 2013-25, concerning construction/demolition landfill siting.

    Repeals House Bill 135 and Senate Bill 380 of the 2013 Regular Session if they become law, both concerning landfill and transfer station permit fee timing.

    Part 1 is effective August 1, 2013, except that GS 130A-294(a2), as enacted by Section 1(a) of the act, and GS 130A-295.8, as amended by Section 1(b) of the act, apply only to applications for new permits submitted on or after July 1, 2014.

    Part II, Miscellaneous Modifications to the Department of Environment and Natural Resources' Authority to Issue and Transfer Permits for Solid Waste Management Facilities and Conforming Changes.

    Amends GS 130A-294, concerning the solid waste management program, making conforming changes reflecting the extension to 30 year permits. Repeals specified bases on which DENR must deny a permit for a solid waste management facility, including denial because the construction or operation of the facility would result in significant damage to ecological systems, natural resources, cultural sites, recreation areas, or historic sites of more than local significance, or because there is a practical alternative that would accomplish the purposes of the proposed facility with less adverse impact on public resources, considering engineering requirements and economic costs. Amends the basis on which DENR can transfer a permit for a solid waste management facility, providing that DENR can do so upon a 30 days' written notice that includes such information as DENR can reasonably require to complete review (previously, provided that permits only required the approval of DENR to be approved). Amends GS 130A-294(b1), modifying the definition of "substantial amendment", deleting language that provided that a "substantial amendment" includes, among other things, any change to the permit application that the Commission or DENR determines to be substantial. Makes conforming changes, reflecting permit extension.

    Part III, Modifications to Certain Requirements Governing Sanitary Landfills Including Environmental Impacts Study, Applicable Buffers, Cleaning and Inspection of Leachate Collection Lines, Alternative Daily Cover, and Landfill Gas to Energy Feasibility Study.

    Amends GS 130A-295.6, concerning requirements for sanitary landfills, eliminating  requirements that DENR must study the environmental impact of proposed landfills, issue an environmental impact statement if required, and consider the impact study in deciding whether to issue or deny a permit. Provides that DENR will require a 200 foot buffer between surface water impoundments or any stream with continuous flow and the nearest disposal unit of a landfill (previously, required a buffer between any perennial stream or wetland) and also provides that DENR may approve a variance for a buffer of less than 100 feet if specified criteria are met (previously, buffer variances were allowed but could not be approved for less than 200 feet).  Provides that a waste disposal unit of a landfill cannot be constructed within a 100 year floodplain, as shown on current floodplain maps prepared pursuant to the National Flood Insurance Program.

    Deletes the prohibition on citing a waste disposal landfill on land that has been removed from the 100 year floodplain designation area. Provides that a waste disposal unit cannot be constructed within a wetland classified as waters of the US, except in compliance with applicable federal and state laws (previously, siting in a wetland was not allowed unless several specified criteria involving state and federal law were met, these criteria and showings are now deleted). Deletes various buffers to waste disposal units, including five miles of the outermost boundary of a National Wildlife Refuge and two mile of the outermost boundary of a component of the State Parks System. Prohibits landfill construction within designated critical habitats for a threatened or endangered species, historically or archeologically sensitive sites with more than local significance, and within 1500 of a national or State park, forest, wilderness area, recreation area, or various other environmental and natural resources. Deletes requirements for the annual cleaning of leachate collection lines and remote camera inspections of the lines every five years.

    Enacts new requirements regarding the requirements for daily cover at sanitary landfills, providing that when DENR has approved the use of an alternative method of daily cover for use at landfills, that alternative method will be approved for use at all landfills located in the State.

    Sets out new requirements that provide for the study, research, and development of alternative disposal techniques and waste-to-energy matters by landfills that are authorized to receive more than 240,000 tons of waste per year, including, researching the development of alternative disposal technologies by providing access to nonproprietary information and site resources to local community or State colleges and universities and other parties, and the performance of a feasibility study of landfill gas-to-energy, and other waste-to-energy technology.

    Amends provisions regarding the issuance of permits for landfills regarding maximum height, providing that DENR will require a maximum height, including the cap and vegetation, not to exceed 300 feet (was, 250). Also provides new enhanced closure requirements concerning vegetative cover and reclamation of property, for permits issued for landfills which authorize a maximum height, including the cap and cover vegetation, between 101 feet and 300 feet above the mean natural elevation of the disposal area.

    Part III is effective August 1, 2013, except that the repeal of GS 130A-295.6(d)(2) applies retroactively to applications for permits submitted on or after January 1, 2013. New GS 130A-295.6(h2) applies to landfills for which a permit is issued on or after August 1, 2013.

    Part IV, Modifications to Requirements for Financial Responsibility Applicable to Applicants and Permit Holders for Solids Waste Management Facilities.

    Amends GS 130A-295.2, concerning financial responsibility requirements for solid waste facilities, deleting  a requirement that applicants and permit holders for solid waste facilities establish financial assurance sufficient to cover at least $2 million in costs for potential assessment and corrective action a the facility. Makes conforming changes.

    Part V, Specify that Cleanup of On-Site Leachate is not Required When Conducting Risk-Based Remediation of Landfills.

    Amends GS 130A-310.68, concerning risk-based remediation standards, providing that with respect to landfills, a permit holder cannot be required to take assessment or corrective action to address leachate unless leachate has reached the compliance boundary of the facility.

    Part VI, Limit Frequency of Changes to Groundwater Standards.

    Amends GS 143-214.1, concerning groundwater standards, providing that the Commission will not adopt and DENR will not enforce any rule providing for a review of groundwater standards more frequently than on a five-year basis.

    Part VII, Amend Rule Governing Collection and Transport of Solid Waste to Require that Containers be "Leak-Resistant" Rather than "Leak-Proof".

    Makes technical changes to provisions that appeared in the previous edition.

    Part VIII, Amend Rules Governing Control of Leachate to Clarify that Liquid Adhering to Tires of Vehicles Leaving Sanitary Landfills or Liquid Generated During the Transport of Solid Waste Shall not be Treated as Violations of Leachate Control Requirements.

    Amends GS 130A-290 by adding a new subdivision which defines Leachate, as meaning a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste. Directs the Commission and DENR to adopt and implement the Leachate Storage Requirements Rule and any other applicable rule, until the effective date of the revised permanent rule. Directs the Commission to adopt a rule to replace the Leachate Storage Requirements Rule and other rule governing control of leachate. Sets out the applicability of the adopted replacement rules. Provides that liquid adhering to the tires of vehicles at a landfill or during transportation is not a violation of control requirements.

    Section 8(c) of this Part expired when permanent rules to replace Section 8(c) have become effective, as provided for in Section (8)(e).

    Part IX, Authorize: Cities and Counties that Accept Solid Waste From Other Local Government to Levy a Surcharge on Fees for Use of Their Disposal Facilities, and to Make Appropriations from a Utility or Public Service Enterprise Fund Used for Operation of a Landfill to the Jurisdiction's General Fund Upon Certain Findings.

    Amends GS 153A-292(b) and GS 160A-314.1, concerning fees for collection of solid waste, clarifies that, except as provided in these subsections, a fee for use of a disposal facility may not exceed the cost of operating the facility. Provides that the fee can exceed costs if the city or county enters into a contract with another county or city to accept the other entity's solid waste and the city or county by ordinance levies a surcharge on the fee which can be used for any purpose for which the county or city can appropriate funds.

    Authorizes cities and counties to transfer excess funds from a utility or public service enterprise fund used for the operation of a landfill in order to be used to support other services provided for by the city or county's general fund.

    Amends GS 130A-294(b1), providing that local governments can elect to include a surcharge on other local governments' waste as part of a franchise agreement entered into with a private landfill owner or operator.

    Effective August 1, 2013.

    Part X, Severability and Effective Date

    Provides a severability clause. Provides that except where otherwise provided, the act becomes effective when it becomes law.

     


  • Summary date: Jun 6 2013 - More information

    Senate committee substitute to the 1st edition makes changes to be summarized.


  • Summary date: Mar 14 2013 - More information

    Provides that the Commission for Public Health (Commission) cannot require vehicles or containers used for the collection and transportation of solid waste to be leak-proof; however, they can require the design of these containers to be leak-resistant according to industry standards. Requires the Commission to adopt a rule identical to this provision to replace the Collection and Transport Rule and for purposes of this act and implemenation can be found at 15A NCAC 13B .0105.

    Upon adoption of a permanent rule by the Commission, the provisions of this act expires.


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