PUBLIC PARTICIPATION/COMPOSTING FACILITIES.

View NCGA Bill Details2017-2018 Session
House Bill 244 (Public) Filed Thursday, March 2, 2017
AN ACT TO (1) REQUIRE A FIVE-HUNDRED-FOOT BUFFER BETWEEN SOLID WASTE MANAGEMENT FACILITIES AND SCHOOLS, ATHLETIC FIELDS, AND COMMUNITY FACILITIES HOSTING OUTDOOR ACTIVITIES; (2) REQUIRE THE ADOPTION OF RULES TO REDUCE ODOR EMISSIONS FROM COMPOSTING FACILITIES; AND (3) PROVIDE FOR PUBLIC NOTICE OF PERMITS FOR SUCH FACILITIES.
Intro. by Howard, McElraft, McGrady, Setzer.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Apr 21 2017)

SOG comments (1):

Long Title Change

House committee substitute made changes to the 2nd edition. The original title is as follows:

AN ACT TO BROADEN THE SCOPE OF IMPACTS TO BE CONSIDERED IN SOLID WASTE MANAGEMENT FACILITY PERMITTING, TO PROVIDE FOR NOTICE AND PUBLIC HEARING FOR COMPOSTING FACILITIES, AND TO REDUCE ODOR EMISSIONS FROM THOSE FACILITIES.

H 244

Bill Summaries:

  • Summary date: Apr 20 2017 - More information

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

    Amends the long title.

    Deletes proposed amendment to GS 130A-294 (Solid waste management program) and replaces it with the following. Directs the Department to require at least a 500-foot buffer between the outermost boundary of any new solid waste management facility and the outermost boundary of any property on which a school and associated athletic field, or community facilities hosting outdoor activities, is located.

    Amends GS 130A-309.11 (Compost standards and applications). Deletes the proposed language regarding Commission rules regarding the welfare of persons beyond the facility's boundary, retaining proposed language on rules regarding health and safety. Provides that these rules do not apply to composting activities occurring at a bona fide farm operation for which composting is not the operation's primary source of income. Amends proposed notice requirements for Department issuance or renewal of permits for solid waste management facilities, requiring notice by newspaper publication, notice by mail to persons who have requested such notice, and notice by email to persons who have requested such notice. Notice requirements do not apply to composting activities occurring at a bona fide farm operation for which composting is not the operation's primary source of income.


  • Summary date: Mar 14 2017 - More information

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

    Amends GS 130A-309.11 to require a public information hearing before the renewal (in addition to the issuance) of a permit for the construction, operation, expansion, or modification of a solid waste management facility that will produce compost from solid waste or solid waste co-composted with other wastes. Amends the notice requirements to now require the Department of Environmental Quality to give notice of the public information hearing at least 15 days and no more than 30 days before the hearing by publication on the Department's website, by publication in a daily or weekly local newspaper of general circulation, and by any other method deemed necessary or appropriate by to give actual notice of the activities to persons potentially affected. Prohibits issuing or renewing (was issuing) a permit less than 90 days after the required public information hearing. Makes conforming changes.


  • Summary date: Mar 2 2017 - More information

    Amends GS 130A-294 by expanding the conditions under which a solid waste management facility permit may be denied, to allow denial if construction or operation of the facility would significantly damage school grounds or athletic fields, or existing community facilities hosting outdoor activities.

    Amends GS 130A-309.11 to require that the rules establishing standards for the production of compost include requirements necessary to substantially reduce and minimize fugitive emissions and offensive odors from the composting facility that will adversely affect the general health, safety, and welfare of persons beyond the facility's boundary. Further amends the statute to prohibit issuing a permit for the construction, operation, expansion, or modification of a solid waste management facility that will produce compost from solid waste or solid waste co-composted with other wastes without first conducting a public hearing in the county where the proposed facility is to be located. Sets out additional requirements for notice of the hearing. Prohibits issuing a permit less than 90 days following the public hearing.

    Effective October 1, 2017.


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