Bill Summary for S 328 (2013-2014)

Summary date: 

Jun 24 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 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.

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