Bill Summary for H 1004 (2015-2016)

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Summary date: 

Apr 27 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1004 (Public) Filed Wednesday, April 27, 2016
AN ACT TO REPEAL SOLID WASTE PERMITTING REQUIREMENTS FOR YARD WASTE, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Intro. by Dixon.

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Bill summary

Identical to S 768, filed 4/27/16.

Amends GS 130A-290 to define the term yard trash to mean solid waste resulting from landscaping and yard maintenance, including brush, grass, tree limbs, and similar vegetative material. Adds and defines the term yard waste to mean yard trash and land-clearing debris, including stumps, limbs, leaves, grass, and untreated wood.

Amends GS 130A-294 by adding that yard waste diverted from the waste stream or collected as source separated material is not subject to a solid waste permit for transfer, treatment, processing, storage, or disposal in a permitted solid waste management facility. Specifies that operators of facilities where yard waste is subject to transfer, treatment, processing, storage, or disposal must: (1) submit a notification of the yard waste facility to the Department on a prescribed form, signed and notarized by the landowner where the facility is located and the facility operator; (2) file the notification form for recordation in the Register of Deeds’ Office; (3) comply with all other federal, state, or local laws, ordinances, rules, regulations, or orders.

Prohibits the Commission for Public Health from requiring a solid waste permit for the transfer, treatment, processing, storage, or disposal of yard waste. Requires the Commission to adopt a rule identical to this prohibition that will replace or modify the Treatment and Processing Facilities Rule and any other rule in Chapter 15A of the Administrative Code that requires a solid waste permit for the transfer, treatment, processing, storage, or disposal of yard waste. The rules adopted under this requirement are not subject to GS 150B-21.9 through GS 150B-21.14 (all concerning steps in rule review process by the Rules Review Commission) and become effective as though 10 or more written objections have been received.

Applies to the transfer, treatment, processing, storage, or disposal of yard waste occurring on or after July 1, 2017.