Bill Summary for S 328 (2013-2014)

Summary date: 

Jun 20 2013

Bill Information:

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.

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Bill summary

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.

 

 

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