Bill Summary for H 576 (2015-2016)

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Summary date: 

Apr 21 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 576 (Public) Filed Thursday, April 2, 2015
AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS.
Intro. by McElraft.

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Bill summary

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

Changes the short title.

Deletes all of the provisions of the previous bill.

Directs the Department of Environment and Natural Resources (DENR) to study ways to optimize North Carolina's recycling requirements for discarded computer equipment and televisions. Sets out four things the study should consider, including the transition from televisions with cathode ray tubes to flat screen televisions. Requires DENR to report findings and recommendations to the Environmental Review Commission on or before December 1, 2015. 

Amends GS 130A-294, Solid waste management program, extending the duration of permits for sanitary landfills and transfer stations to the life-of-site of the facility unless otherwise revoked (previously provided for five- or ten-year permits). Sets out the meaning of life-of-site for the purposes of this section, meaning the period from the initial receipt of solid waste at the facility until final closure is approved. Provides for limited reviews of permits issued above after five years of issuance of the initial permit and at five-year intervals thereafter. Sets out what a limited review entails, including a review of previous operational activities. Allows DENR to modify, limit, or include additional conditions for any permit.  Provides that these provisions are applicable for new facilities applying for permits on July 1, 2016, and for existing facilities when the established permit comes up for renewal after July 1, 2016. Makes provisions applicable to permit applicants also applicable to those applying for a major permit modification.

Provides that franchise agreements issued for sanitary landfills must be granted for the life-of-site of the landfill. Effective for franchise agreements executed on or after August 1, 2015. 

Makes conforming changes.

Directs the Environmental Management Commission to adopt rules by July 1, 2016, for sanitary landfills and transfer stations so that applicants can apply for permits to construct and operate for the life-of-site of a facility.

Amends GS 130A-295.8, Fees applicable to permits for solid waste management facilities, making several conforming changes and deletions to the definitions for use in this section concerning fees. Amends major permit modification to also include an application for a permit issued under GS 130A-294(a2) issued for a duration less than a facility's life-of-site. Also adds the term ownership modification for use in the section, meaning any application that proposes a change in ownership or corporate structure of a permitted sanitary landfill or transfer station. Deletes all of the provisions concerning permits/permit fees and adds new language setting out and increasing the permit fees applicable to new sanitary landfills and transfer stations permitted on or after July 1, 2016, reflecting the change in duration of the permits for life-of-site. Also adds language concerning when different percentages of the fee are due, whether upon submission of an application, after 10 years, or after 20 years of operation. 

Amends GS 130A-295.3, Environmental compliance review requirements for applicants and permit holders, making conforming changes reflecting the extension of duration of permits to life-of-site.

Includes a severability clause. 

Unless otherwise provided above, effective August 1, 2015.