GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1225

Short Title:  Solid Waste Revisions.	(Public)
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Sponsors: Representatives Hackney; and Redwine.
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Referred to:  Infrastructure.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO SUBSTANTIALLY REVISE SOLID WASTE MANAGEMENT IN NORTH CAROLINA.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-290 reads as rewritten:
"§ 130A-290. Definitions.
The following definitions shall apply throughout this Article:
(0a)	‘Biohazardous waste' means any solid waste or liquid waste which may present a threat of infection to humans.  The term includes nonliquid human tissue and body parts; laboratory and veterinary waste which contain human disease causing agents; used disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Secretary represent a significant risk of infection to persons outside the generating facility.
(0b)	‘Biohazardous waste generator' means a facility or person that produces or generates biohazardous waste.  The term includes hospitals, skilled nursing or convalescent hospitals, intermediate care facilities, clinics, dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical buildings, physicians' offices, laboratories, veterinary clinics, and funeral homes.
(0c)	‘Biological waste' means solid waste that causes or has the capability of causing disease or infection and includes biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals.
(0d)	‘Clean debris' means any solid waste which is virtually inert, not a pollution threat to groundwater or surface waters, is not a fire hazard, and is likely to retain its physical and chemical structure under expected conditions of disposal or use.  The term includes uncontaminated concrete, including embedded pipe or steel, brick, glass, ceramics, and other waste designated by the Department.
(0e)	‘Closure' means the cessation of operation of a solid waste management facility and the act of securing the facility so that it will pose no significant threat to human health or the environment.
(1)	‘Comprehensive hazardous waste treatment facility' means a facility designated as the by the Governor's Waste Management Board, meeting the following criteria:
a.	It is a commercial facility that accepts hazardous waste from the general public for treatment;
b.	It has the capacity and capability to treat and dispose of hazardous waste on at least an intrastate regional basis; and
c.	Its location will substantially facilitate treatment of hazardous waste for the State of North Carolina.
(1a)	‘Disposal' means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(1b)	‘Commercial' when applied to a hazardous waste facility, means a hazardous waste facility that accepts hazardous waste from the general public or from another person for a fee.
(1c)	‘Construction and demolition debris' means materials generally considered to be not water soluble and nonhazardous in nature, including steel, glass, brick, concrete, or asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project, and including rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project.  Mixing of construction and demolition debris with other types of solid waste, including material from a construction or demolition site which is not from the actual construction or destruction of a structure, will cause it to be classified as other than construction and demolition debris.
(2)	‘Federal act' means the Resource Conservation and Recovery Act of 1976, P.L. 94-580, as amended.
(3)	‘Garbage' means all putrescible wastes, including animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human waste.
(4)	‘Hazardous waste' means a solid waste, or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may:
a.	Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
b.	Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(5)	‘Hazardous waste facility' means a facility for the storage, collection, processing, treatment, recycling, recovery or disposal of hazardous waste.
(6)	‘Hazardous waste generation' means the act or process of producing hazardous waste.
(7)	‘Hazardous waste landfill facility' means any facility or any portion of a facility for disposal of hazardous waste on or in land in accordance with rules adopted under this Article.
(7a)	‘Hazardous waste long-term storage facility' means a facility as defined in G.S. 143B-470.2(5).
(7b)	‘Hazardous waste management program' means the program and activities within the Department pursuant to Part 2 of this  Article, for hazardous waste management.
(8)	‘Hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous wastes.
(8a)	‘Hazardous waste treatment facility' means a facility as defined in G.S. 143B-470.2(3).
(8b)	‘Landfill' means a disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility.
(8c)	‘Long-term retrievable storage' means storage in closed containers in facilities (either above or below ground) with (i) adequate lights, (ii) impervious cement floors, (iii) strong visible shelves or platforms, (iv) passageways to allow inspection at any time, (v) adequate ventilation if underground or in closed buildings, (vi) protection from the weather, (vii) accessible to monitoring with signs on both individual containers and sections of storage facilities, and (viii) adequate safety and security precautions for facility personnel, inspectors and invited or permitted members of the community.
(9)	‘Manifest' means the record keeping system used for identifying the quantity, composition, concentration, and the origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.
(10)	‘Natural resources' means all materials which have useful physical or chemical properties which exist, unused, in nature.
(11)	‘Open dump' means a solid waste disposal site which is not a sanitary landfill.
(12)	‘Person' means an individual, corporation, company, association, partnership, unit of local government, State agency, federal agency or other legal entity.
(12a)	‘Processing' means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage or recycling; safe for disposal; or reduced in volume or concentration.
(12b)	‘Recovered materials' means those materials which have known recycling potential, can be feasibly recycled, and have been diverted or removed from the solid waste stream for sale, use, or reuse by separation, collection, or processing.
(12c)	‘Recyclable material' means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste.
	(13)	‘Recycling' means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed; and reused or returned to use in the form of raw materials or products.
(14)	‘Refuse' means all nonputrescible waste.
(15)	‘Resource recovery' means the process of obtaining material or energy resources from discarded solid waste which no longer has any useful life in its present form and preparing the solid waste for recycling.
(15a)	‘Reuse' means a process by which resources are reused or rendered usable.
(16)	‘Sanitary landfill' means a facility for disposal of solid waste on land in a sanitary manner in accordance with the rules concerning sanitary landfills adopted under this Article.
(16a)	‘Septage' means solid waste that is a fluid mixture of untreated and partially treated sewage solids, liquids and sludge of human or domestic origin which is removed from a septic tank system.
(16b)	‘Septage management firm' means a person engaged in the business of pumping, transporting, storing, treating or disposing septage.  The term does not include public or community sanitary sewage systems that treat or dispose septage.
(17)	‘Sludge' means any solid, semisolid or liquid waste generated from a municipal, commercial, institutional or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility, or any other waste having similar characteristics and effects.
(18)	‘Solid waste' means any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:
a.	Fecal waste from fowls and animals other than humans;
b.	Solid or dissolved material in:
1.	Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters;
2.	Irrigation return flows; and
3.	Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Federal Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the Environmental Management Commission. However, any sludges that meet the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this Article;
c.	Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the General Statutes. However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this Article;
d.	Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).
e.	Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining Commission (as defined under G.S. 143B- 290). However, any specific mining waste that meets the criteria for hazardous waste under the Federal Resource Conservation and Recovery Act (P.L. 94-580), as amended, shall also be a solid waste for the purposes of this Article.
(19)	‘Solid waste disposal site' means any place at which solid wastes are disposed of by incineration, sanitary landfill or any other method.
(20)	‘Solid waste generation' means the act or process of producing solid waste.
(21)	‘Solid waste management' means purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery and disposal of solid waste.
(22)	‘Solid waste management facility' means land, personnel and  equipment used in the management of solid waste.
(22a)	‘Special wastes' means solid wastes that can require special handling and management, including white goods, whole tires, used oil, mattresses, furniture, lead-acid batteries, and biological wastes.
(23)	‘Storage' means the containment of solid waste, either on a  temporary basis or for a period of years, in a manner which does not constitute disposal.
(24)	‘Treatment' means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any solid waste to neutralize the waste or to render the waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. The term includes any activity or processing designed to change the physical form or chemical composition of solid waste to render it nonhazardous.
(25)	‘Unit of local government' means a county, city, town or incorporated village.
(26)	‘White goods' includes inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.
(27)	‘Yard trash' means vegetative matter resulting from landscaping maintenance and land-clearing operations."
Sec. 2.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding three sections to read:
"§ 130A-290.5.  Findings, purpose.
(a)	The General Assembly finds that:
(1)	Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances.
(2)	Problems of solid waste management have become a matter statewide in scope and necessitate State action to assist local governments in improving methods and processes to promote more efficient methods of solid waste collection and disposal.
(3)	The continuing technological progress and improvements in methods of manufacture, packaging, and marketing of consumer products have resulted in an ever-mounting increase of the mass of material discarded by the purchasers of the products, thereby necessitating a statewide approach to assisting local governments around the State with their solid waste management programs.
(4)	The economic growth and population growth of our State have required increased industrial production together with related commercial and agricultural operations to meet our needs, which have resulted in a rising tide of unwanted and discarded materials.
(5)	The failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources; such that, maximum resource recovery from solid waste and maximum recycling and reuse of the resources must be considered goals of the State.
(6)	Certain solid waste, due to its quantity; concentration; or physical, chemical, biological, or infectious characteristics; is exceptionally hazardous to human health, safety, and to the environment; such that exceptional attention to the transportation, disposal, storage, and treatment of the waste is necessary to protect human health, safety, and welfare; and to protect the environment.
(7)	This Part should be integrated with other State regulations and laws and applicable federal law.
(b)	It is the purpose of this Part to:
(1)	Regulate in the most economically feasible, cost-effective, and environmentally safe manner the storage, collection, transport, separation, processing, recycling, and disposal of solid waste in order to protect the public health, safety, and welfare; enhance the environment for the people of this State; and recover resources which have the potential for further usefulness.
(2)	Establish and maintain a cooperative State program of planning, technical assistance, and financial assistance for solid waste management.
(3)	Require counties and municipalities to adequately plan and provide efficient, environmentally acceptable solid waste management programs; and require counties to plan for proper hazardous waste management.
(4)	Require review of the design, and issue permits for the construction, operation, and closure of solid waste management facilities.
(5)	Promote the application of resource recovery systems that preserve and enhance the quality of air, water, and land resources.
(6)	Ensure that exceptionally hazardous solid waste is transported, disposed of, stored, and treated in a manner adequate to protect human health, safety, and welfare; and the environment.
(7)	Promote the reduction, recycling, reuse, or treatment of solid waste, specifically including hazardous waste, in lieu of disposal of the waste.
(8)	Promote methods and technology for the treatment, disposal, and transportation of hazardous waste which are practical, cost-effective, and economically feasible.
(9)	Encourage counties and municipalities to utilize all means reasonably available to promote efficient and proper methods of managing solid waste and to promote the economical recovery of material and energy resources from solid waste, including contracting with persons to provide or operate resource recovery services or facilities on behalf of the county or municipality.
(10)	Promote the education of the general public and the training of solid waste professionals to reduce the production of solid waste, to ensure proper disposal of solid waste, and to encourage recycling.
(11)	Encourage the development of waste reduction and recycling as a means of managing solid waste, conserving resources, and supplying energy through planning, grants, technical assistance, and other incentives.
(12)	Encourage the development of the State's recycling industry by promoting the successful development of markets for recycled items and by promoting the acceleration and advancement of the technology used in manufacturing processes that use recycled items.
(13)	Give the State a leadership role in recylcing efforts by granting a preference in State purchasing to products with recycled content.
(14)	Require counties to develop and implement recycling programs so that valuable materials may be returned to productive use, energy and natural resources conserved, and the useful life of solid waste management facilities extended.
(15)	Ensure that biohazardous waste is transported, stored, treated, and disposed of in a manner sufficient to protect human health, safety, and welfare; and the environment.
(16)	Require counties, municipalities, and State agencies to determine the full cost of providing storage, collection, transport, separation, processing, recycling, and disposal of solid waste in an environmentally safe manner; and encourage counties, municipalities, and State agencies to contract with private persons for any or all the services in order to assure that the services are provided in the most cost-effective manner.
"§ 130A-290.6.  State solid waste management goals.
In order to accomplish the purposes of this Part, the following State solid waste management goals are established:
(1)	By 1995, to reduce the volume of solid waste requiring disposal in landfills by 30 percent of the 1989 volume;
(2)	By 1995, to implement in all counties a countywide solid waste collection system to discourage littering and the illegal dumping of solid waste.
(3)	To initiate programs to develop or expand recyclable material markets, especially those involving plastics, metals, paper, and glass.
"§ 130A-290.7.  Waste that are regulated; certain exclusions.
(a)	Notwithstanding other provisions of this Article, the following waste shall be regulated pursuant to this Part:
(1)	Biohazardous waste and biological waste; and
(2)	Ash generated by a solid waste management facility from the burning of solid waste.
(b)	Ash generated by a solid waste management facility from the burning of solid waste shall be disposed of in a properly designed solid waste disposal area that complies with standards developed by the Department for the disposal of the ash.  Rule making shall be initiated and at least one public hearing held by February 1, 1990.  The Department shall work with solid waste management facilities which burn solid waste to identify and develop methods for recycling and reusing incinerator ash or treated ash.
(c)	Recovered materials may not be subject to the provisions of this Article when:
(1)	A majority of the recovered materials at a facility are demonstrated to be sold, used, or reused within one year;
(2)	The recovered materials or the products or by-products of operations that process recovered materials are not discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water so that the products or by-products or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters including groundwaters, or otherwise enter the environment or pose a threat to public health and safety; and
(3)	The recovered materials are not hazardous waste and have not been recovered from solid waste which is defined as hazardous waste under G.S. 130A-290."
Sec. 3.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a section to read:
"§ 130A-291.1.  Additional powers and duties of the Department.
In addition to other powers and duties set forth in this Part, the Department shall:
(1)	Develop and implement, in consultation with units of local government, a State solid waste management program and update the program at least every three years.  In developing rules to implement the State solid waste management program, the Department shall hold public hearings around the State and shall give notice of these public hearings to all units of local government and regional planning agencies.
(2)	Provide technical assistance to counties, municipalities, and other persons, and cooperate with appropriate federal agencies and private organizations in carrying out the provisions of this Part.
(3)	Promote the planning and application of recycling and resource recovery systems which preserve and enhance the quality of the air, water, and other natural resources of the State and assist in and encourage, where appropriate, the development of regional solid waste management facilities.
(4)	Use private industry or The University of North Carolina through contractual arrangements for implementation of some or all of the requirements of the State solid waste management program and for the other activities as may be considered necessary, desirable, or convenient.
(5)	Encourage recycling and resource recovery as a source of energy and materials.
(6)	Assist in and encourage, as much as possible, the development, within the State, of industries and commercial enterprises which are based upon resource recovery, recycling, and reuse of solid waste.
(7)	Charge reasonable fees for any services it performs pursuant to this Part, provided user fees shall apply uniformly within each municipality or county to all users who are provided with solid waste management services.
(8)	Adopt, repeal, or amend rules to implement, administer, and enforce this Part, including requirements for the classification, construction, operation, maintenance, and closure of solid waste management facilities.  When classifying solid waste management facilities, the Department shall consider the hydrogeology of the site for the facility, the types of waste to be handled by the facility, and methods used to control the types of waste to be handled by the facility, and shall seek to minimize the adverse effects of solid waste management on the environment.
(9)	Conduct research, using The University of North Carolina, solid waste professionals from units of local government, private enterprise, and other organizations, on alternative, economically feasible, cost-effective, and environmentally safe solid waste management and landfill closure methods which protect the health, safety, and welfare of the public and the environment and which may assist in developing markets and providing economic benefits to units of local government, the State, and its citizens; and solicit public participation during the research process.  The Department shall incorporate such cost-effective landfill closure methods in the appropriate Department rules as alternative closure requirements.
(10)	Develop and implement, or contract for services to develop, information on recovered materials markets and strategies for market development and expansion for use of these materials.  Additionally, the Department shall maintain a directory of recycling businesses operating in the State and shall serve as a coordinator to match recovered materials with markets.  This directory shall be made available to the public.
(11)	Manage a program of grants, using funds from the Solid Waste Management Trust Fund and funds appropriated by the General Assembly for solid waste management, for programs for recycling, litter control, and special waste management, and for programs which provide for the safe and proper management of solid waste.
12)	Increase public education and public awareness of solid and hazardous waste issues by developing and promoting statewide programs of litter control, recycling, volume reduction, and proper methods of solid waste and hazardous waste management.
(13)	By February 1, 1990, initiate rule making to address the management of biohazardous waste and biological waste within the State.  Such rules shall address on-site and off-site incineration, and shall regulate biohazardous waste from the point at which such waste is transported from a facility that generates the waste, for the purpose of off-site shipment for storage, treatment, or disposal, and shall include provisions for the registering of transporters of biohazardous waste."
Sec. 4.  G.S. 130A-294(a) reads as rewritten:
	"(a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:
(1)	Develop a comprehensive program for implementation of safe and  sanitary practices for management of solid waste;
(2)	Advise, consult, cooperate and contract with other State agencies, units of local government, the federal government, industries and individuals in the formulation and carrying out of a solid waste management program;
(3)	Develop and adopt rules to establish standards for qualification as a waste ‘recycling, reduction or resource recovering facility' or as waste ‘recycling, reduction or resource recovering equipment' for the purpose of special tax classifications or treatment, and to certify as qualifying those applicants which meet the established standards. The standards shall be developed to qualify only those facilities and equipment exclusively used in the actual waste recycling, reduction or resource recovering process and shall exclude any incidental or supportive facilities and equipment;
(4)	Develop a permit system governing the establishment and operation of solid waste management facilities.  Prior to application for a construction permit, an applicant shall designate to the Department temporary backup disposal areas or processes for the facility.  Failure to designate temporary backup disposal areas or processes shall result in a denial of the construction permit.  Permits issued under this section may include any permit conditions necessary to achieve compliance with the recycling requirements of this Part.  No permit shall be granted for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission for Health Services, without the Department receiving the prior approval for such permit from the county where it is to be located, except if it is to be located within the corporate limits or extraterritorial jurisdiction under Article 19 of Chapter 160A of the General Statutes, of a city as defined in G.S. 160A-1(2), from the city where it is to be located or whose jurisdiction it is in. No permit shall be granted for a solid waste management facility having discharges which are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143-215.1. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans which will be required for the applicant to obtain a permit.  The Department may refuse to issue a permit to an applicant who by past conduct in this State has repeatedly violated related statutes, rules, orders, or permit terms or conditions relating to any solid waste management facility and who is deemed by the Department to be responsible for the violations.  For the purpose of this subdivision, an applicant includes the owner or operator of the facility, or, if the owner or operator is a business entity, the parent of the subsidiary corporation, a partner, a corporate officer or director, or a stockholder holding more than fifty percent (50%) of the stock of the corporation.
The issuance of permits for sanitary landfills operated by local governments is exempt from the environmental impact statements required by Article 1 of Chapter 113A of the General Statutes, entitled the North Carolina Environmental Policy Act of 1971. All sanitary landfill permits issued to local governments prior to July 1, 1984, are hereby validated notwithstanding any failure to provide environmental impact statements pursuant to the North Carolina Environmental Policy Act of 1971;
(4a)	No permit shall be granted for any public or private sanitary landfill to receive solid non-radioactive waste generated outside the boundaries of North Carolina to be deposited, unless such waste has previously been inspected by the solid waste regulatory agency of that nation, state or territory, characterized in detail as to its contents and certified by that agency to be non-injurious to health and safety.  The Commission shall adopt rules to implement this subsection.
(5a)	Designate a geographic area within which the collection, transportation, storage and disposal of all solid waste generated within said area shall be accomplished in accordance with a solid waste management plan. Such designation may be made only after the Department has received a request from the unit or units of local government having jurisdiction within said geographic area that such designation be made and after receipt by the Department of a solid waste management plan which shall include:
a.	The existing and projected population for such area;
b.	The quantities of solid waste generated and estimated to be generated in such area;
c.	The availability of sanitary landfill sites and the environmental impact of continued landfill of solid waste on surface and subsurface waters;
d.	The method of solid waste disposal to be utilized and the energy or material which shall be recovered from the waste; and
e.	Such other data that the Department may reasonably require.
(5b)	Authorize units of local government to require by ordinance, that all solid waste generated within the designated geographic area that is placed in the waste stream for disposal be collected, transported, stored and disposed of at a permitted solid waste management facility or facilities serving such area. The provisions of such ordinance shall not be construed to prohibit the source separation of materials from solid waste prior to collection of such solid waste for disposal, or prohibit collectors of solid waste from recycling materials or limit access to such materials as an incident to collection of such solid waste; provided such prohibitions do not authorize the construction and operation of a resource recovery facility unless specifically permitted pursuant to an approved solid waste management plan. If a private solid waste landfill shall be substantially affected by such ordinance then the unit of local government adopting the ordinance shall be required to give the operator of the affected landfill at least two years written notice prior to the effective date of the proposed ordinance.
(5c)	Except for the authority to designate a geographic area to be serviced by a solid waste management facility, delegate authority and responsibility to units of local government to perform all or a portion of a solid waste management program within the jurisdictional area of the unit of local government; provided that no authority over or control of the operations or properties of one local government shall be delegated to any other local government.
(5d)	Require that an annual report of the implementation of the solid waste management plan within the designated geographic area be filed with the Department.
(6)	The Department is authorized to charge and collect fees from  operators of hazardous waste landfill facilities. The fees shall be used to establish a fund sufficient for each individual facility to defray the anticipated costs to the State for monitoring and care of the facility after the termination of the period during which the facility operator is required by applicable State and federal statutes, regulations or rules to remain responsible for post-closure monitoring and care. In establishing the fees, consideration shall be given to the size of the facility, the nature of the hazardous waste and the projected life of the facility.
(7)	Establish and collect annual fees from generators and transporters of hazardous waste, and from storage, treatment, and disposal facilities regulated under this Article as provided in G.S. 130A-294.1."
Sec. 5.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding the following sections to read:
"§ 130A-294.1. Compost standards and applications.
(a)	In order to protect the State's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management facilities in the State must meet criteria established by the Department.
(b)	Within six months after the effective date of this section, the Department shall initiate rule making to establish standards for the production of compost and shall complete and promulgate those rules within 12 months after initiating the process of rule making, including rules establishing:
(1)	Requirements necessary to produce hygienically safe compost products for varying applications.
(2)	A classification scheme for compost based on:
a.	The types of waste composted, including at least one type containing only yard trash;
b.	The maturity of the compost, including at least three degrees of decomposition for fresh, semi-mature, and mature; and
c.	The levels of organic and inorganic constituents in the compost.
This scheme shall address:
a.	Methods for measurement of the compost maturity.
b.	Particle sizes.
c.	Moisture content.
d.	Average levels of organic and inorganic constituents, including heavy metals, for such classes of compost as the Department establishes, and the analytical methods to determine those levels.
(c)	Within six months after the effective date of this section, the Department shall initiate rule making to prescribe the allowable uses and application rates of compost and shall complete and promulgate those rules within 12 months after initiating the process of rule making, based on the following criteria:
(1)	The total quantity of organic and inorganic constituents, including heavy metals, allowed to be applied through the addition of compost to the soil per acre per year.
(2)	The allowable uses of compost based on maturity and type of compost.
(d)	If compost is produced which does not meet the criteria prescribed by the Department for agricultural and other use, the compost must be reprocessed or disposed of in a manner approved by the Department, unless a different application is specifically permitted by the Department.
"§ 130A-294.2.  Determination of cost for solid waste management; local solid waste management fees.
(a)	Within one year of the effective date of this act or within one year after rules are established by the Department, whichever occurs later, each county and each municipality shall determine the full cost for solid waste management within the service area of the county or municipality for the one-year period beginning on the effective date of this act, and shall update the full cost every year thereafter.  The Department shall establish by rule the method for units of  local government to use in calculating full cost.  Rule making shall be initiated and at least one public hearing shall be held by March 1, 1991.  In developing the rule, the Department shall examine the feasibility of the use of an enterprise fund process by units of local government in operating their solid waste management systems.
(b)	Within one year from the effective date of this act, each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, of the full cost for solid waste management as determined pursuant to subsection (a).  Counties shall provide the information required of municipalities only to residential and nonresidential users of solid waste management services within the county's service area that are not served by a municipality.  Municipalities shall include costs charges to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users of solid waste management services.  Counties and municipalities are encouraged to operate their solid waste management systems through use of an enterprise fund.
(c)	For purposes of this section, ‘service area' means the area in which the county or municipality provides, directly or by contract, solid waste management services.  The provisions of this section shall not be construed to require a person operating under a franchise agreement to collect or dispose of solid waste within the service area of a county or municipality to make the calculations or to establish a system to provide the information required under this section, unless such person agrees to do so as part of such franchise agreement.
(d)	In order to assist in achieving the municipal solid waste reduction goal and the recycling provisions of G.S. 130A-294.4, a county or a municipality which owns or operates a solid waste management facility may charge solid waste disposal fees which may vary based on a number of factors, including the amount, characteristics, and form of recyclable materials present in the solid waste that is brought to the county's or the municipality's facility for processing or disposal.
(e)	In addition to all other fees required or allowed by law, a county or a municipality, at the discretion of its governing board, may impose a fee for the services the county or municipality provides with regard to the collection, processing, or disposal of solid waste, to be used for developing and implementing a recycling program.
(f)	This section does not prohibit a county, municipality, or other person from providing grants, loans, or other aid to low-income persons to pay part or all of the costs of such persons' solid waste management services.
"§ 130A-294.3.  State solid waste management program.
(a)	The State solid waste management program shall:
(1)	Provide guidelines for the orderly collection, transportation, storage, separation, processing, recovery, recycling, and disposal of solid waste throughout the State;
(2)	Encourage coordinated local activity for solid waste management within a common geographical area;
(3)	Investigate the present status of solid waste management in the State with positive proposals for local action to correct deficiencies in present solid waste management processes;
(4)	Provide planning, technical, and financial assistance to units of local government and State agencies for reduction, recycling, reuse, and processing of solid waste and for safe and environmentally sound solid waste management and disposal;
(5)	Assist in the development of solid waste reduction and recycling programs to properly manage solid waste and conserve resources; and
(6)	Provide for the education of the general public and the training of solid waste management professionals to reduce the production of solid waste, to ensure proper processing and disposal of solid waste, and to encourage recycling and solid waste reduction.
(b)	The State solid waste management program shall be initiated by the Department by February 1, 1990, and the Department shall begin adoption of rules necessary to implement the program by December 31, 1990.  The program shall be updated at least once every three years.
(c)	The State solid waste management program shall include, at a minimum:
(1)	Procedures and requirements to ensure cooperative efforts in solid waste management by counties and municipalities and groups of counties and municipalities where appropriate, including the establishment of joint agencies pursuant to G.S. 160A-462.
(2)	Provisions for the continuation of existing effective regional resource recovery, recycling, and solid waste management facilities and programs.
(3)	Planning guidelines and technical assistance to counties and municipalities to aid in meeting the municipal solid waste reduction goals established in G.S. 130A-294.4(d).
(4)	Planning guidelines and technical assistance to counties and municipalities to assist the development and implementation of recycling programs.
(5)	Technical assistance to counties and municipalities in determining the full cost for solid waste management as required in G.S. 130A-294.2.
(6)	Planning guidelines and technical assistance to counties and municipalities to assist the development and implementation of programs for alternative disposal, processing, or recycling of the solid wastes prohibited from disposal in landfills pursuant to G.S 130A-294.6(f) and for special wastes.
(7)	A public education program, to be developed in cooperation with the Department of Public Instruction, units of local government, other State agencies, and business and industry organizations, to inform the public of the need for and the benefits of recycling solid waste and reducing the amounts of solid and hazardous waste generated and disposed of in the State.  The public education program shall be implemented through public workshops and through the use of brochures, reports, public service announcements, and other materials.
(d)	The Department shall prepare by October 1, 1990, and every year thereafter, a report on the status of solid waste management efforts in the State.  The report shall include, at a minimum:
(1)	A comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the State projected for the 20-year period beginning on January 1, 1990.
(2)	The total amounts of solid waste generated, recycled, and disposed of and the methods of solid waste recycling and disposal used during the calendar year prior to the year in which the report is published.
(3)	An evaluation of the development and implementation of local solid waste management programs and county and municipal recycling programs.
(4)	An evaluation of the success of each county or group of counties in meeting the municipal solid waste reduction goal established in G.S. 130A-294.4(d).
(5)	Recommendations concerning existing and potential programs for solid waste reduction and recycling that would be appropriate for units of local government and State agencies to implement to meet the requirements of this Part.
(6)	An evaluation of the markets for recycled materials and the success of State, local, and private industry efforts to enhance the markets for such materials.
(7)	Recommendations to the Governor and the General Assembly to improve the management and recycling of solid waste in this State.
(e)	The Department shall develop descriptive literature to inform units of local government of their solid waste management responsibilities and opportunities.  The Department shall also hold at least one regional workshop in each council of government region during fiscal year 1990-91 for the purpose of:
(1)	Informing the public and the private sector of the provisions of this Part; and
(2)	Identifying solid waste management issues which may need to be discussed by the 1991 General Assembly.
"§ 130A-294.4.  Local government solid waste responsibilities.
(a)	The governing board of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas of the county.  Pursuant to this section and notwithstanding any other provision of this Chapter, counties shall have the power and authority to adopt ordinances governing the disposal of solid waste generated outside of the county at the county's solid waste disposal facility.  In accordance with this section, municipalities are responsible for collecting and transporting solid waste from their jurisdictions to a solid waste disposal facility operated by the municipality or the county or operated under a contract with the county.  Counties and municipalities may charge reasonable fees for the handling and disposal of solid waste at their facilities.  The fees charged to municipalities without facilities at a solid waste management facility specified by the county shall not be greater than the fees charged to other users of the facility except as provided in G.S. 130A-294.2(d).  Solid waste management fees collected on a countywide basis shall be used to fund solid waste management services provided countywide.
(b)	Each county shall initiate a recyclable materials recycling program by July 1, 1990.  Counties and municipalities are encouraged to form cooperative arrangements for implementing recycling programs.  The following requirements shall apply:
(1)	Construction and demolition debris must be separated from the solid waste stream and segregated in separate locations at a solid waste disposal facility or other permitted site.
(2)	At a minimum, a majority of the newspaper, aluminum cans, glass, and plastic bottles must be separated from the solid waste stream prior to final disposal at a solid waste disposal facility and must be offered for recycling.
(3)	Units of local government are encouraged to separate all plastics, metal, and all grades of paper for recycling prior to final disposal and are further encouraged to recycle yard trash and other mechanically treated solid waste into compost available for agricultural and other acceptable uses.
(c)	Each county shall ensure, to the maximum extent possible, that municipalities within its boundaries participate in the preparation and implementation of recycling and solid waste management programs through joint agencies established pursuant to G.S. 160A-462 or other means provided by law.  Nothing in a county's solid waste management or recycling program shall affect the authority of a municipality to franchise or otherwise provide for the collection of solid waste generated within the boundaries of the municipality.
(d)	A county's solid waste management and recycling programs shall be designed to provide for sufficient reduction of the amount of solid waste generated within the county and the municipalities within its boundaries in order to meet goals for the reduction of municipal solid waste prior to the final disposal or incineration of the waste at a solid waste disposal facility.  The goals shall provide, at a minimum, that the amount of municipal solid waste that would be disposed of in the absence of municipal solid waste recycling efforts undertaken within the county and the municipalities within its boundaries is reduced by at least thirty percent (30%) by the end of 1995.  In determining whether the municipal solid waste reduction goal established by this subsection has been achieved, no more than one-half of the goal may be met with yard trash, white goods, construction and demolition debris, and tires that are removed from the total amount of municipal solid waste that would be disposed of in the absence of municipal solid waste recycling efforts.
(e)	As used in this section, ‘municipal solid waste' includes any solid waste, except for sludge, resulting from the operation of residential, commercial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service.  The term includes yard trash, but does not include solid waste from industrial, mining, or agricultural operations.
(f)	The Department may reduce or modify the municipal solid waste reduction goal that a county is required to attempt to achieve pursuant to subsection (d) if the county demonstrates to the Department that:
(1)	The achievement of the goal set forth in subsection (d) would have an adverse effect on the financial obligations of a county that are directly related to a waste-to-energy facility owned or operated by or on behalf of the county; and
(2)	The county cannot remove normally combustible materials from solid waste that is to be processed at a waste-to-energy facility because of the need to maintain a sufficient amount of solid waste to ensure the financial viability of the facility.  The goal shall not be waived entirely and may only be reduced or modified to the extent necessary to alleviate the adverse effects of achieving the goal on the financial viability of a county's waste-to-energy facility.  Nothing in this subsection shall exempt a county from developing and implementing a recycling program pursuant to this Part.
(g)	In order to assess the progress in meeting the goal established in subsection (d) of this section, each county shall, by October 1, 1990, and each year thereafter, report to the Department its annual solid waste management program and recycling activities.  The report by the county must include:
(1)	A description of its public education program on recycling;
(2)	The amount of solid waste disposed of at solid waste disposal facilities, by type of waste such as yard trash, white goods, clean debris, tires, and unseparated solid waste;
(3)	The amount and type of materials from the solid waste stream that were recycled;
(4)	The percentage of the population participating in various types of recycling activities instituted;
(5)	The percent reduction each year in municipal solid waste disposed of at solid waste disposal facilities;
(6)	A description of the recycling activities attempted, their success rates, the perceived reasons for failure or success, and the recycling activities which are ongoing and most successful; and
(7)	In its first report, a description of any recycling activities implemented prior to July 1, 1990.
(h)	A county or municipality may enter into a written agreement with other persons, including persons transporting solid waste, on the effective date of this act, to undertake to fulfill some or all of the county's or municipality's responsibilities under this section.
(i)	In the development and implementation of a curbside recyclable materials collection program, a county or municipality shall enter into negotiations with a franchisee who is operating to exclusively collect solid waste within a service area of a county or municipality to undertake curbside recyclable materials collection responsibilities for a county or municipality.  If the county or municipality and the franchisee fail to reach an agreement within 60 days from the initiation of negotiations, the county or municipality may solicit proposals from other persons to undertake curbside recyclable materials collection responsibilities for the county or municipality as it may require.  Upon the determination of the lowest responsible proposals, the county or municipality may undertake, or enter into a written agreement with the person who submitted the lowest responsible proposal to undertake, the curbside recyclable materials collection responsibilities for the county or municipality, notwithstanding the exclusivity of the franchise agreement.
(j)	In developing and implementing recycling programs, counties and municipalities shall give consideration to the collection, marketing, and disposition of recyclable materials by persons engaged in the business of recycling on the effective date of this section, whether or not the persons were operating for profit.  Counties and municipalities are encouraged to use for-profit and nonprofit organizations in fulfilling their responsibilities under this Part.
(k)	A county and the municipalities within the county's boundaries may jointly develop a recycling program, provided that the county and each municipality must enter into a written agreement to jointly develop a recycling program.  If a municipality does not participate in jointly developing a recycling program with the county within which it is located, the county may require the municipality to provide information on recycling efforts undertaken within the boundaries of the municipality in order to determine whether the goals for municipal solid waste reduction are being achieved.
(l)	It is the policy of the State that a county and its municipalities may jointly determine, through a joint agency established pursuant to G.S. 160A-462 or by requesting the passage of special legislation, which local governmental agency shall administer a solid waste management or recycling program.
(m)	The county shall provide written notice to all municipalities within the county when recycling program development begins and shall provide periodic written progress reports to the municipalities concerning the preparation of the recycling program.
(n)	Nothing in this section shall be construed to prevent the governing board of any county or municipality from providing by ordinance or regulation for solid waste management requirements which are stricter or more extensive than those imposed by the State solid waste management program and rules, regulations, and orders issued to implement the State program.
(o)	Nothing in this Part or in any rule adopted by any agency shall be construed to require any county or municipality to participate in any regional solid waste management until the governing board of the county or municipality has determined that participation in such a program is economically feasible for that county or municipality.  Nothing in this Part or in any special or local act or in any rule adopted by any agency shall be construed to limit the authority of a municipality to regulate the disposal of solid waste located within its boundaries or generated within its boundaries so long as a facility for any such disposal has been approved by the Department, unless the municipality is included within a solid waste management program created under a joint agency or special or local act.  If bonds had been issued to finance a solid waste management program in reliance on State law granting to a county the responsibility for the solid waste management program, nothing herein shall permit any governmental agency to withdraw from the program if the agency's participation is necessary for the financial feasibility of the project, so long as the bonds are outstanding.
(p)	Nothing in this Part or in any rule adopted by any State agency pursuant to this Part shall require any person to subscribe to any private solid waste collection service.
(q)	To effect the purposes of this Part, counties and municipalities are authorized, in addition to other powers granted pursuant to this Part;
(1)	To contract with persons to provide resource recovery services or operate resource recovery facilities on behalf of the county or municipality.
(2)	To indemnify persons providing resource recovery services or operating resource recovery facilities for liabilities or claims arising out of the provision or operation of such services or facilities that are not the result of the sole negligence of the persons providing the services or operating the facilities.
(r)	On and after July 1, 1990, each operator of a solid waste management facility owned or operated by or on behalf of a county or municipality, except existing facilities which will not be in use one year after the effective date of this section, shall weigh all solid waste when it is received.
(s)	In the event the power to manage solid waste has been granted to a special district or other entity by special act or joint agency, any duty or responsibility or penalty imposed under this Part on a county or municipality shall apply to such special district or other entity to the extent of the grant of the duty or responsibility or imposition of such penalty.  To the same extent, such special district or other entity shall be eligible for grants or other benefits provided pursuant to this Part.
(t)	In addition to any other penalties provided by law, a unit of local government that does not comply with the requirements of subsections (b) and (d) shall not be eligible for grants from the Solid Waste Management Trust Fund, and the Department may notify the State Treasurer to withhold payment of all or a portion of funds payable to the unit of local government by the Department from the General Fund or by the Department from any other State fund, to the extent not pledged to retire bonded indebtedness, unless the unit of local government demonstrates that good faith efforts to meet the requirements of subsections (b) and (d) have been made or that the funds are being or will be used to finance the correction of a pollution control problem that spans jurisdictional boundaries.
"§ 130A-294.5.  Procurement of products or materials with recycled content.  
(a)	Any State agency or agency of a political subdivision of the State which is using State funds, or any person contracting with any State agency with respect to work performed under contract, is required to procure products or materials with recycled content when those products or materials are available at reasonable prices.  A decision not to procure such items must be based on a determination that such procurement:
(1)	Is not reasonably available within a reasonable period of time; or
(2)	Fails to meet the performance standards set forth in the applicable specifications or fails to meet the reasonable performance standards of the agency.
(b)	For the purposes of this section, ‘recycled content' means materials that have been recycled that are contained in the products or materials to be procured, including paper, aluminum, glass, and composted material.  The term does not include internally generated scrap that is commonly used in industrial or manufacturing processes, or waste or scrap purchased from another manufacturer who manufactures the same or a closely related product.
"§ 130A-294.6.  Prohibited acts.
(a)	After January 1, 1990, no beverage shall be sold or offered for sale within the State in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.
(b)	After July 1, 1990, no container shall be sold or offered for sale within the State that is connected to other containers by a separate holding device constructed of plastic rings unless the rings are composed of material which is degradable within 120 days, or by any other device unless such device is composed of material which is degradable within 120 days.  Notice of degradability shall be embossed or otherwise indicated on the holding device.
(c)	After July 1, 1991, no person shall distribute, sell, or expose for sale in this State any plastic container product unless the product has a molded label indicating the plastic resin used to produce the plastic container product.  The label must appear on the bottom of the plastic container product and be clearly visible.  This label must consist of a number placed inside a triangle and letters placed below the triangle.  All plastic beverage containers and all nonsolid food liquid containers of less than 16 ounces and all rigid plastic containers of less than 8 ounces shall not be required to be labeled under this section.  The numbers and letters shall be as follows:
(1)	For polyethylene terephthalate, the letters ‘PET' and the number 1.
(2)	For high density polyethylene, the letters ‘HDPE' and the number 2.
(3)	For vinyl, the letter ‘V' and the number 3.
(4)	For low density polyethylene, the letters ‘LDPE' and the number 4.
(5)	For polypropylene, the letters ‘PP' and the number 5.
(6)	For polystyrene, the letters ‘PS' and the number 6.
(7)	For any other, including multilayer, the letters ‘OTHER' and the number 7.
(d)	After January 1, 1991, no plastic bag shall be provided at any retail outlet to any retail customer to use for the purpose of carrying items purchased by that customer unless the bag is composed of material which is degradable within 120 days.  Notice of degradability shall be printed on each bag.
(e)	No person shall:
(1)	After October 1, 1991, distribute, sell, or expose for sale in this State, any product packaged in a container or packing material manufactured with fully halogenated chlorofluorocarbons (CFC).  Producers of containers or packing material manufactured with chlorofluorocarbons (CFC) are urged to introduce alternative packaging materials which are environmentally compatible.
(2)	Distribute, sell, or offer for sale in this State any polystyrene foam or plastic-coated paper product which is to be used in conjunction with food for human consumption unless such product is composed of material which is degradable within 12 months or less.  This requirement shall be effective one year after such products have been certified as safe by the United States Food and Drug Administration and are made available in commercial quantities.  Determination of the degradability of these products shall be made by the Secretary based on a preponderance of evidence available from reputable private and government research agencies.  Businesses and industries that use polystyrene foam and plastic-coated paper products that are not degradable as required by this subdivision are encouraged to formulate a three-year plan to research, test, and implement production technologies that will allow the product to meet the degradability requirements by January 1, 1993.
(f)	In accordance with the following schedule, no person who knows or who should know of the nature of the following solid waste shall dispose of this solid waste in landfills:
(1)	Lead-acid batteries, after January 1, 1991.  Lead-acid batteries also shall not be disposed of in any waste-to-energy facility after January 1, 1991.  To encourage proper collection and recycling, all persons who sell lead-acid batteries at retail shall accept used lead-acid batteries as trade-ins for new lead-acid batteries.
(2)	Used oil, after October 1, 1990.
(3)	Yard trash, after January 1, 1993, except in unlined landfills classified by Department rule.  Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.
(4)	White goods, after January 1, 1991.
Prior to the effective dates specified in this subsection, the Department shall identify and assist in developing alternative disposal, processing, or recycling options for the solid waste identified in this subsection.
(g)	Fifty percent (50%) of the fines collected pursuant to Article 1 of this Chapter for violations under this section shall be deposited into the Solid Waste Management Trust Fund.  The balance of fines collected shall be paid to the Department for the cost of inspection and enforcement of the provisions of this section.
(h)	For purposes of this section:
(1)	‘Beverage' means soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drinks; soft drinks, whether or not carbonated; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or mixed spirit drink.
(2)	‘Beverage container' means an airtight container which at the time of sale contains one gallon or less of a beverage, or the metric equivalent of one gallon or less, and which is composed of metal, plastic, or glass or a combination of these.
(3)	‘Degradable' means is capable of decomposing to components other than heavy metals or other toxic substances after exposure to bacteria, light, or the outdoor elements.
(4)	‘Retail outlet' means any establishment eighty percent (80%) or more of the income of which is from retail sales.  This term does not mean any establishment whose primary purpose is to sell food prepared at such establishment for immediate consumption.
"§ 130A-294.7.  Animal parts, fats, byproducts, waste products, vegetable oils disposal.
A commercial establishment that processes food products for human consumption may not dispose of any animal parts, fats, byproducts, waste products, or vegetable oils, liquid or solid, in a landfill unless approved by the Department.  The Department may establish by rule appropriate thresholds or amounts for these materials, as well as additional subcategories of these materials that are exempt from this requirement.  In making a determination for exemption, the Department shall find that such an exemption is not likely to be harmful to the public health, safety, or welfare.
"§ 130A-294.8.  Solid Waste Management Trust Fund.
(a)	The Solid Waste Management Trust Fund is created and is to be administered by the Department of Human Resources for the purposes of:
(1)	Funding solid waste activities of the Department, such as providing technical assistance to units of local government, performing solid waste regulatory and enforcement functions, preparing solid waste documents, and implementing solid waste education programs;
(2)	Making grants and awards to units of local government as provided in this Part;
(3)	Providing funding for demonstration projects as provided by this Part; and
(4)	Providing funding for research by The University of North Carolina and independent nonprofit colleges and universities within the State which are accredited by the Southern Association of Colleges and Schools as provided by this Part.
(b)	Moneys allocated to the Fund from waste tire fees shall be accounted for separately within the Fund and shall be used in the following manner, in order of priority:
(1)	To pay Department administration costs for administering these funds and programs.
(2)	To provide funding for research and demonstration projects relating to solving solid waste problems resulting from waste tires.
(3)	To provide funds for removal of tires from an illegal waste tire site when the site owner is financially incapable of complying with the law.
(4)	To provide grants to units of local government as provided in this Part.
"§ 130A-294.9.  Solid waste management grant program.
(a)	The Department shall develop a grant program to enable counties and municipalities to operate solid waste management recycling and education programs to carry out the purposes of this section.  Counties and municipalities are encouraged to form interlocal agreements to implement solid waste recycling and education programs.
(b)	Twenty-five percent (25%) of the funds available for recycling and education grants in subsections (d) and (e) shall be distributed as base portions of grants to counties and to municipalities with populations over 50,000.  The base portion of grants shall be awarded in equal amounts to all applicants determined eligible by the Department according to the provisions of this section.
(c)	Seventy-five percent (75%) of the funds available for recycling and education grants in subsections (d) and (e) shall be distributed as incentive portions of grants based on the formula set forth in this subsection.  Each county and each municipality with a population of greater than 50,000 may apply for the incentive portions of recycling and education grants individually and counties may apply individually or in conjunction with other municipalities.
(1)	The incentive portions of grants shall be available to municipalities with populations greater than 50,000 applying individually on a fifty percent (50%) matching basis.  The incentive portion of grants shall be available to counties with unincorporated population of greater than 30,000 applying individually or in combination with municipalities within the county on a fifty percent (50%) matching basis, except for such grant applications meeting the requirements of subdivision (3).  Counties with populations of 30,000 or less applying individually or in combination with municipalities within the county shall not be required to match incentive portions of grants.
(2)	In all cases, the incentive portions of grants shall be distributed proportionately, based on the total population of each county and the municipalities within the counties applying jointly during a grant period.  Counties shall be credited only with the population of the unincorporated areas, and municipalities shall be credited with their total population.
(3)	The incentive portion of grants shall be available without a required match to counties with incorporated and unincorporated populations of greater than 30,000, jointly applying with municipalities constituting at least seventy-five percent (75%) of the total incorporated population within the county; except that when a county has at least one municipality within it that has a population exceeding twenty-five percent (25%) of the incorporated population of the county, such county shall not be required to match if municipalities constituting at least seventy-five percent (75%) of the remaining incorporated population of such county apply jointly with such county.
(4)	Population of municipalities shall be determined by the most recent population census determination.
(5)	To effectuate the intent of this subsection, counties and municipalities shall enter into interlocal agreements that determine how the grant funds shall be used.  These agreements shall be part of the joint grant application.
(d)	Solid waste recycling grants shall provide funding for capital costs and, if justified, temporary operating subsidies to assist units of local government in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting organic materials.
The Department shall consider the following factors in selecting recipients of recycling program grants:
(1)	The likelihood of project success.
(2)	The availability of an appropriate site.
(3)	A demonstration by the unit of local government that the materials to be collected or processed, or both, are not presently being recovered to the extent necessary to meet the goal established in G.S. 130A-294.4(d), and would not be so recovered otherwise, but for the proposed recycling or composting project.
(4)	The business and accounting plans for the proposed project.
(5)	The need for a new or expanded recycling program in the area to be served, relative to the needs of other areas in the State.
(6)	The likelihood that capacity at existing permitted solid waste management facilities that serve the area would be served by the proposed recycling program.
(7)	The demonstrated municipal, community, or volunteer interest in undertaking the recycling project.
The Department shall determine grant eligibility after receiving an application for a recycling grant from a unit of local government.  The Department may not approve a grant unless the appropriate county or municipality provides sufficient data justifying the proposed program.
(e)	Solid waste education grants shall provide funds to units of local government to promote recycling, volume reduction, the proper disposal of solid waste, and market development for recyclable materials.
The Department shall consider the following factors in selecting recipients of solid waste education grants:
(1)	Whether the education program has measurable objectives.
(2)	The type and extent of follow-up or evaluation.
(3)	The level of commitment by local officials.
(4)	The extent to which the unit of local government commits its own financial resources to the education project.
(5)	The extent to which selection of the project contributes to the achievement of a balanced distribution of grants throughout the State.
The Department may not approve a grant unless a local recycling project is planned or under way and the proposed education project directly promotes the use of that project.
(f)	Each eligible county or municipality, or any combination acting under an interlocal agreement, which requests grants pursuant to this section shall include the following items as part of the grant application:
(1)	A description of the type and the weight of solid waste generated within the county's or municipality's boundaries and the general type and the weight of solid waste that will be generated within the county's or municipality's boundaries in the 20-year period beginning on the effective date of this section.
(2)	An identification and description of the facilities where solid waste is being disposed of or processed, the remaining available permitted capacity of such facilities, any anticipated increases in the capacity of such facilities.
(3)	An analysis of the effect of current and planned recycling on solid waste disposed.
(4)	A description and evaluation of solid waste that could be recycled, including:
a.	The type and weight of solid waste that could be recycled, giving consideration at a minimum to the following materials: glass, aluminum, steel and bimetallic materials, office paper, yard trash, newsprint, corrugated paper, and plastics.
b.	The compatibility of recycling with other solid waste processing or disposal methods, describing anticipated and available markets for materials collected through recycling programs, which markets ensure that those materials are returned to use in the form of raw materials or products.
c.	Estimated costs of and revenue from operating and maintaining a recycling program.
d.	An explanation of how anticipated solid waste reduction or recycling will affect the type and size of any proposed solid waste management facility.
(5)	An explanation of how the recycling program relates to the future land use elements; sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge elements; intergovernmental coordination elements; and capital improvements.
(6)	A description of how the county's or municipality's existing recycling programs will be continued.  The continued programs shall be based on the recycling program initiated under G.S. 130A-294.4(b) and, in addition to yard trash, shall involve the recycling of at least the materials required to be separated pursuant to G.S. 130A-294.4(b).
(7)	The recycling program shall contain, at a minimum:
a.	An explanation of the manner in which the recycling program will be implemented.
b.	A timetable for the continued development and implementation of the recycling program.
c.	Any contracts or agreements entered into or summaries of contemplated agreements or contracts to develop and implement the recycling program.
d.	The estimated costs of the recycling program, including a description of the estimated avoided costs of solid waste disposal or processing resulting from the implementation of the recycling program.
	The recycling program shall serve as the primary means of meeting the goals established for municipal solid waste reduction in G.S. 130A-294.4(d).
(8)	A description of a public education program for the recycling program.
(9)	A description of a program for the management of special wastes.
The county or municipality shall work with the construction industry to plan for and identify suitable construction and demolition debris disposal sites.
(g)	Annual solid waste and recycling grants shall be available to counties with populations of less than 30,000.  The sum of twenty-five thousand dollars ($25,000) shall be available annually to each eligible county from the Solid Waste Management Trust Fund through 1993.  These grants shall be made by October 1 of each year to any county applying to the Department prior to August 1 of any given year.
A county may use the grants authorized by this subsection for purchasing or repairing solid waste weight scales, annual solid waste management program operating costs, planning, construction, and maintenance of solid waste management facilities or recycling facilities, solid waste management education for employees or the public, or recycling demonstration projects.  Counties which do not have operational weight scales at solid waste disposal facilities operated by or for the counties must purchase or require purchase of such scales, or repair or require repair of inoperable scales, prior to using the annual grant for any other authorized uses unless the facility will be closed within one year of the effective date of this section.
The Department shall release the grant money authorized by this subsection for fiscal year 1990-91 regardless of whether rules have been developed to regulate the use of these funds.  However, the Department shall adopt such rules within nine months after the effective date of this section to implement this annual grant program.
(h)	The Department of Human Resources may reserve funds in the Solid Waste Management Trust Fund for recycling awards to units of local government.  These awards shall be made one time only to eligible counties and municipalities to reward those units of local government which exhibited an initiative to reduce the amount of solid waste disposed of at solid waste management facilities and raise the level of awareness of solid waste concerns among the public and private sectors.
These awards shall be equally divided among the eligible applicants.  An eligible applicant is a county or municipality which has instituted a recycling program for recyclable materials that is operational on the effective date of this section and which:
(1)	Covers at least three percent (3%) of the residential garbage customers within the local jurisdiction and provides for the separation from municipal solid waste, at the point of collection or at a time prior to final disposal at a solid waste management facility, of at least two of the following materials; newspaper, plastic, aluminum cans, or glass, or
(2)	Covers at least eight percent (8%) of the residential garbage customers within the local jurisdiction and provides for the separation from municipal solid waste, at the point of collection or at a time prior to final disposal at a solid waste management facility, of one of the following materials: newspaper, plastic, aluminum cans, or glass.
By September 1, 1990, the Department shall develop a form for use by units of local government in applying for awards under this subsection.  These forms shall be sent out to units of local government, upon request, and shall be submitted to the Department by January 1, 1991.
Awards made under this subsection may only be used by units of local government to fund their recycling programs.
"§ 130A-294.10. Duties of State agencies.
(a)	It shall be the duty of each State agency, the judicial branch of State government, and The University of North Carolina, by September 1, 1990, to:
(1)	Establish a program in cooperation with the Department and the Department of Administration, for the collection of all recyclable aluminum and wastepaper materials generated in State offices throughout the State, including, at a minimum, high-grade office paper and corrugated paper.
(2)	Provide procedures for collecting and storing recyclable materials, containers for storing materials, and contractual or other arrangements with buyers of the recyclable materials.
(3)	Evaluate the amount of recyclable wastepaper material recycled and make all necessary modifications to the recycling program to ensure that all recyclable wastepaper materials are effectively and practicably recycled.
(4)	Establish and implement, in cooperation with the Department and the Department of Administration, a solid waste reduction program for materials used in the course of agency operations.  The program shall be designed and implemented to achieve maximum feasible reduction of solid waste generated as a result of agency operations.
(b)	The Department of Commerce shall assist and encourage the recycling industry in the State.  Assistance and encouragement of the recycling industry shall include:
(1)	Identifying and analyzing, in cooperation with the Department, components of the State's recycling industry and present and potential markets for recyclable materials in this State, other states, and foreign countries;
(2)	Providing information on the availability and benefits of using recycled materials to businesses and industries in the State; and
(3)	Distributing any material prepared in implementing this section to the public, businesses, industries, units of local government, or other organizations upon request.
By September 1, 1990, and every other year thereafter, the Department of Commerce shall prepare a report assessing the  recycling industry and recyclable materials markets in the State.
(c)	The Department of Commerce shall investigate the potential markets for composted materials and shall submit its findings to the Department of Human Resources for the waste registry informational program administered by the Department in order to stimulate absorption of available composted materials into such markets.
On or before July 1, 1989, the Department of Commerce shall report to the General Assembly its findings relative to:
(1)	Potential markets for composted materials, including private and public sector markets;
(2)	The types of materials which may legally and effectively be used in a successful composting operation; and
(3)	The manner in which the composted materials should be marketed for optimum use.
(4)	All State agencies, including the Department of Transportation, and the Department of Administration, and units of local government, are required to procure compost products when they can be substituted for, and cost no more than, regular soil amendment products, provided the compost products meet all applicable State standards, specifications, and regulations.  This product preference shall apply to, but not be limited to, the construction of highway projects, road rights-of-way, highway planting projects, recultivation and erosion control programs, and other projects.
(d)	The Department of Public Instruction, in cooperation with The University of North Carolina and the Department of Human Resources shall develop, distribute, and encourage the use of guidelines for the collection of recyclable materials and for solid waste reduction in the State system of education.  At a minimum, the guidelines shall address solid waste generated in administrative offices, classrooms, dormitories, and cafeterias.  The guidelines shall be developed by September 1, 1990.
In order to orient students and their families to the recycling of waste and to encourage the participation of schools, communities, and families in recycling programs, the school board of each school district in the State shall provide a program of student instruction in the recycling of waste materials.  The instruction shall be provided at both the elementary and secondary levels of education.
The Department of Public Instruction is directed to develop, from funds appropriated for environmental education, curriculum materials and resource guides for a recycling awareness program for instruction at the elementary, middle, and high school levels.
"§ 130A-294.11.  Prohibited acts regarding used oil.
(a)	No person may:
(1)	Collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or welfare.
(2)	Discharge used oil into sewers, drainage systems, septic tanks, surface or ground waters, watercourses, or marine waters.
(3)	Mix or commingle used oil with solid waste that is to be disposed of in landfills or directly dispose of used oil in landfills in the State unless approved by the Department.
(4)	Mix or commingle used oil with hazardous substances that make it unsuitable for recycling or beneficial use.
Further, any person who unknowingly disposes into a landfill any used oil which has not been properly segregated or separated from other solid wastes by the generator is not guilty of a violation under this Part.
(b)	Used oil shall not be used for road oiling, dust control, weed abatement, or other similar uses that have the potential to release used oil into the environment.
(c)	For the purpose of this section, G.S. 130A-294.12, and G.S. 130A-294.13, unless the context requires otherwise:
(1)	‘Public used oil collection center' means:
a.	Automotive service facilities or governmentally sponsored collection facilities, which in the course of business accept for disposal small quantities of used oil from households; and
b.	Facilities which store used oil in aboveground tanks, which are approved by the Department, and which in the course of business accept for disposal small quantities of used oil from households.
(2)	‘Reclaiming' means the use of methods, other than those used in rerefining, to purify used oil primarily to remove insoluble contaminants, making the oil suitable for further use; the methods may include settling, heating, dehydration, filtration, or centrifuging.
(3)	‘Recycling' means to prepare used oil for reuse as a petroleum product by rerefining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product made from new oil.
(4)	‘Rerefining' means the use of refining processes on used oil to produce high-quality base stocks for lubricants or other petroleum products.  Rerefining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments other than those used in reclaiming.
(5)	‘Used oil' means any oil which has been refined from crude oil or synthetic oil and, as a result of use, storage, or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties, but which may be suitable for further use and is economically recyclable.
(6)	‘Used oil recycling facility' means any facility that recycles more than 10,000 gallons of used oil annually.
"§ 130A-294.12.  Public education program regarding used oil collection and recycling.
The Department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and shall:
(1)	Encourage persons who annually sell at retail, in containers for use off the premises, more than 500 gallons of oil to provide the purchasers with information on the locations of collection facilities and information on proper disposal practices.
(2)	Establish, maintain, and publicize a used oil information center that disperses materials or information explaining local, State, and federal laws and rules governing used oil and informing the public of places and methods for proper disposal of used oil.
(3)	Encourage the voluntary establishment of used oil collection and recycling programs and provide technical assistance to persons who organize such programs.
(4)	Encourage the procurement of recycled automotive, industrial, and fuel oils; and oils blended with recycled oils; for all State and local government uses.  Recycled oils procured under this section shall meet equipment manufacturer's specifications.  A five percent (5%) price preference may be given in procuring these recycled products.
"§ 130A-294.13.  Registration of persons transporting, collecting, or recycling used oil; fees; reports and records.
(a)	The following persons shall register annually with the Department pursuant to rules of the Department on forms prescribed by it:
(1)	Any person who transports over public highways more than 500 gallons of used oil annually.
(2)	Any person who maintains a collection facility that receives more than 6,000 gallons of used oil annually.  For purposes of registration, the amount received does not include used oil delivered to collection centers by individuals that change their own personal motor oil.
(3)	Any facility that recycles more than 10,000 gallons of used oil annually.
(b)	An electric utility which generates during its operation used oil that is then reclaimed, recycled, or rerefined by the electric utility for use in its operations is not required to register or report pursuant to this section.
(c)	An on-site burner which only burns a specification used oil generated by the burner is not required to register or report pursuant to this section, provided that the burning is done in compliance with any air permits issued by the Department of Natural Resources and Community Development.
(d)	The Department may prescribe a fee for the registration required by this section in an amount which is sufficient to cover the cost of processing applications but which does not exceed twenty-five dollars ($25.00).
(e)	The Department shall require each registered person to submit, no later than July 1 of each year, a report which specifies the type and quantity of used oil transported, collected, and recycled during the preceding calendar year.
(f)	Each registered person who transports or recycles used oil shall maintain records which identify:
(1)	The source of the materials transported or recycled;
(2)	The quantity of materials received;
(3)	The date of receipt; and
(4)	The destination or end use of the materials.
(g)	The Department shall perform technical studies to sample used oil at facilities of representative used oil transporters and at representative recycling facilities to determine the incidence of contamination of used oil with hazardous, toxic, or other harmful substances.
(h)	Any person who fails to register with the Department as required by this section is subject to a fine of three hundred dollars ($300.00).
(i)	The proceeds from the registration fees and fines imposed by this section shall be deposited into the Solid Waste Management Trust Fund.
"§ 130A-294.14.  Regulation of used oil as hazardous waste.
Nothing in this Part shall prohibit the Department from regulating used oil as a hazardous waste in a manner consistent with section 241 of the Hazardous and Solid Waste Amendments of 1984, Pub. L. No. 98-616.
"§ 130A-294.15.  Coordination with other State agencies.
The Department of Transportation shall study the feasibility of using recycled oil products in road construction activities and shall report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives annually, beginning January 1, 1990, on the results of its study.
"§ 130A-294.16.  Public used oil collection centers.
(a)	The Department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
(b)	All State agencies and businesses that change motor oil for the public are encouraged to serve as public used oil collection centers.
(c)	A public used oil collection center must:
(1)	Notify the Department annually that it is accepting used oil from the public; and
(2)	Annually report quantities of used oil collected from the public.
(d)	The Department of Natural Resources and Community Development shall assist the Department in inspecting public used oil collection centers.
(e)	No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance against the owner or operator of a used oil collection center if such used oil is:
(1)	Not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(2)	Not knowingly accepted with any hazardous substances contained therein;
(3)	Transported from the used oil collection center by a certified transporter pursuant to G.S. 130A-294.19; and
(4)	Stored in a used oil collection center that is in compliance with this section.
This subsection applies only to that portion of the public used oil collection center used for the collection of used oil and does not apply if  the owner or operator is grossly negligent in the operation of the public used oil collection center.  Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of State or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous substances.  For the purpose of this section, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, provided that the owner or operator acts in good faith.
"§ 130A-294.17.  Incentives program.
(a)	The Department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil to a used oil collection center.
(b)	The incentives used by the Department may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the Department determines will promote collection, reuse, or proper disposal of used oil.
(c)	The Department may contract with a promotion company to administer the incentives program.
"§ 130A-294.18.  Grants to local governments.
(a)	The Department shall develop a grants program for units of local government to encourage the collection, reuse, and proper disposal of used oil.  No grant may be made for any project unless the project is approved by the Department.
(b)	The Department shall consider for grant assistance any unit of local government project that uses one or more of the following programs or any activity that the Department feels will reduce the improper disposal and reuse of used oil:
(1)	Curbside pickup of used oil containers by a unit of local government or its designee.
(2)	Retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the unit of local government.
(3)	Establishment of publicly operated used oil collection centers at landfills or other public places.
(4)	Providing containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center.
(5)	Providing incentives for the establishment of privately operated public used oil collection centers.
(c)	Eligible projects shall be funded according to provisions established by the Department; however, no grant may exceed twenty-five thousand dollars ($25,000).
(d)	The Department shall initiate rules on or before January 1, 1990, necessary to carry out the purposes of this section.
"§ 130A-294.19.  Certification of used oil transporters.
(a)	Any person who transports over public highways after January 1, 1991, more than 500 gallons annually of used oil must be a certified transporter.
(b)	The Department shall develop a certification program for transporters of used oil, and shall issue, deny, or revoke certifications authorizing the holder to transport used oil.  Certification requirements shall help assure that a used oil transporter is familiar with appropriate rules and used oil management procedures.
(c)	The Department shall adopt rules governing certification, which shall include requirements for the following:
(1)	Registration and annual reporting pursuant to G.S. 130A-294.13.
(2)	Evidence of familiarity with applicable State laws and rules governing used oil transportation.
(3)	Proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.
"§ 130A-294.20.  Permits for used oil recycling facilities.
(a)	Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the Department prior to operating, modifying, or closing the facility.
(b)	By January 1, 1991, the Department shall develop a permitting system for used oil recycling facilities after reviewing and considering the applicability of the permit system for hazardous waste treatment, storage, or disposal facilities.
(c)	Permits shall not be required under this section for the burning of used oil as a fuel, provided:
(1)	A valid air permit issued by the Department of Natural Resources and Community Development is in effect for the facility; and
(2)	The facility burns used oil in accordance with applicable United States Environmental Protection Agency regulations, local government regulations, and the requirements and conditions of its air permit.
(d)	No permit is required under this section for the use of used oil for the beneficiation or flotation of phosphate rock.
"§ 130A-294.21.  Training of operators of solid waste management facilities.
(a)	The Department of Human Resources shall establish qualifications for, and encourage the development of training programs for, operators of landfills, coordinators of local recycling programs, and other solid waste management facilities.
(b)	The Department shall work with accredited community colleges, vocational technical centers, State universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be trained as operators of solid waste management facilities.
(c)	A person may not perform the duties of an operator of a solid waste management facility after January 1, 1991, unless he has completed an operator training course approved by the Department.  An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless such person has completed an approved solid waste management facility operator training course.
(d)	The Department may adopt rules and minimum standards to effectuate the provisions of this section and to ensure the safe, healthy, and lawful operation of solid waste management facilities.  The Department may establish, by rule, various classifications for operators to address the need for differing levels of training required to operate various types of solid waste management facilities due to different operating requirements at the facilities.
(e)	For purposes of this section, the term ‘operator' means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a solid waste management facility and includes the person in charge of a shift or periods of operation during any part of the day.
"§ 130A-294.22.  Regulation of biohazardous waste.
(a)	It is the intent of the General Assembly to protect the public health by establishing standards for the safe packaging, storage, treatment, and disposal of biohazardous waste.  The Department of Human Resources shall regulate the packaging, storage, and treatment of biohazardous waste which occurs at facilities where biohazardous waste is generated.  The Department shall regulate:
(1)	Biohazardous waste from the point at which the waste is transported from the facility where it was generated;
(2)	On-site and off-site incineration of biohazardous waste; and
(3)	The off-site transport, storage, treatment or disposal.
(b)	For the purposes of this section, the following definitions shall apply:
(1)	‘Sharps' mean those biohazardous wastes which as a result of their physical characteristics are capable of puncturing, lacerating, or otherwise breaking the skin when handled.
(2)	‘Treatment' means any process, including steam sterilization, chemical treatment, and incineration, which changes the character or composition of biohazardous waste so as to render it noninfectious.
(c)	No later than March 1, 1990, the Department shall adopt rules necessary to protect the health, safety, and welfare of the public and to carry out the purpose of this section.  Such rules shall address, but need not be limited to, the packaging of biohazardous waste, including specific requirements for the safe packaging of sharps and the segregation, storage, treatment, and disposal of biohazardous wastes at the facilities in which such waste is generated.
"§ 130A-294.23.   State government recycling demonstration project.
The Legislative Building, the Legislative Office Building, and the Office of the Governor shall constitute the Capitol recycling demonstration area.  The North Carolina House of Representatives, the North Carolina Senate, the Office of the Governor, the Secretary of State, and the offices of the General Assembly staff shall institute a recycling program by January 1, 1990, for their respective offices in the Legislative Building, the Legislative Office Building, and the State Capitol.  Provisions shall be made to collect and sell wastepaper and empty aluminum beverage cans generated by employee activities in these offices.  The collection and sale of such materials shall be coordinated with the Department of Administration recycling activities to maximize the efficiency and economy of this program.  The Governor, the Speaker of the House of Representatives, and the President of the Senate may authorize the use of proceeds from recyclable material sales for employee benefits and other purposes, in order to provide incentives to their respective employees for participation in the recycling program.  The proceeds may also be used to offset any costs of the recycling program.
"§ 130A-294.24.  Landfill escrow account.
(a)	As used in this section:
(1)	‘Closure' means the ceasing of operation of a landfill and securing the landfill so that it does not pose a significant threat to public health or the environment and includes long-term monitoring and maintenance of a landfill.
(2)	‘Owner or operator' means, in addition to the usual meanings of the term, any owner of record of any interest in land on which a landfill is or has been sited, and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of a landfill.
(3)	‘Proceeds' means all funds collected and received by the Department, including interest and penalties on delinquent fees.
(b)	Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law.
(c)	The owner or operator of a landfill shall establish a fee, or a surcharge on existing fees or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closure of the landfill.  However, the disposal of solid waste by persons on their own property is exempt from the provisions of this section.
(1)	The revenue-producing mechanism must produce revenue at a rate sufficient to generate funds to meet State and federal landfill closure requirements.
(2)	The revenue shall be deposited in an interest-bearing escrow account to be held and administered by the owner or operator.  The owner or operator shall file with the Department an annual audit of the account.  The audit shall be conducted by a certified public accountant and shall be filed no later than December 31 of each year.  Failure to collect or report this revenue, except as allowed in subsection (d), is a noncriminal violation, punishable by a fine of not more than five thousand dollars ($5,000) for each offense.  The owner or operator may make expenditures from the account and its accumulated interest only for the purpose of landfill closure and, if such expenditures do not deplete the fund to the detriment of eventual closure, for planning and construction of resource recovery or landfill facilities.  Any moneys remaining in the account after paying for proper and complete closure, as determined by the Department, shall, if the owner or operator does not operate a landfill, be deposited by the owner or operator into the general fund of the unit of local government.
(3)	The revenue generated under this subsection and any accumulated interest thereon may be applied to the payment of, or pledged as security for, the payment of revenue bonds issued in whole or in part for the purpose of complying with State and federal landfill closure requirements.  The application or pledge may be made directly in the proceedings authorizing the bonds or in an agreement with an insurer of bonds to assure the insurer of this additional security.
(d)	An owner or operator may establish proof of financial responsibility with the Department in lieu of the requirements of subsection (c).  This proof may include surety bonds, certificates of deposit, securities, letter of credit, or other documents showing that the owner or operator has sufficient financial resources to cover, at a minimum, the costs of complying with landfill closure requirements.  The owner or operator shall estimate the costs to the satisfaction of the Department.
(e)	This section does not repeal, limit, or abrogate any other law authorizing units of local government to fix, levy, or charge rates, fees, or charges for the purpose of complying with State and federal landfill closure requirements.
(f)	The Department shall adopt rules to implement this section.
"§ 130A-294.25.  Waste tire requirements.  
(a)	For purposes of this section:
(1)	‘Motor vehicle' means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this State, used to transport persons or property, and propelled by power other than muscular power.  The term does not include traction engines, road rollers, vehicles that run only upon a track, bicycles, mopeds, or farm tractors and trailers.
(2)	‘Tire' means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.
(3)	‘Waste tire' means a whole tire that is no longer suitable for its original intended purpose due to wear, damage, or defect.
(4)	‘Waste tire collection center' means a site where used or waste tires are collected from the public prior to being offered for recycling and where fewer than 1,000 tires are kept on the site on any given day.
(5)	‘Waste tire processing facility' means a site where equipment is used to cut, burn, or otherwise alter whole waste tires so that they are no longer whole.
(6)	‘Waste tire site' means a site at which 1,000 or more whole tires are accumulated.
(b)	The owner or operator of any waste tire site shall, within six months after the effective date of this section, provide the Department with information concerning the site's location, size, and the approximate number of waste tires that are accumulated at the site and shall initiate steps to comply with subsection (c).
(c)	On or after July 1, 1990:
(1)	A person may not maintain a waste tire site unless the site is an integral part of the person's permitted waste tire processing facility.
(2)	It is unlawful for any person to dispose of waste tires in the State, unless the waste tires are disposed of for processing, or collected for processing, at a permitted solid waste disposal facility, a waste tire site which is an integral part of a permitted waste tire processing facility, a permitted waste tire processing facility, or a waste tire collection center.
(3)	Waste tires may not be deposited in a landfill as a method of ultimate disposal.
(d)	By January 1, 1990, the Department shall adopt rules to carry out the provisions of this section and G.S. 130A-294.26 and G.S. 130A-294.27.  Such rules shall:
(1)	Provide for the administration of a waste tire processing facility permit, which may not exceed two hundred fifty dollars ($250.00) annually;
(2)	Provide for the administration of waste tire collector and collection center permits, which may not exceed two hundred fifty dollars ($250.00) annually;
(3)	Set standards for waste tire processing facilities and associated waste tire sites, waste tire collection centers, and waste tire collectors;
(4)	Establish procedures for administering the waste tire grants program and the issuing grants;
(5)	Authorize the final disposal of waste tires at a permitted solid waste disposal facility provided the tires have been cut into sufficiently small parts to assure their proper disposal; and
(6)	Allow waste tire material which has been cut into sufficiently small parts to be used as daily cover material for a landfill.
(e)	A permit is not required for:
(1)	A tire retreading business where fewer than 1,000 waste tires are kept on the business premises;
(2)	A business that, in the ordinary course of business, removes tires from motor vehicles if fewer than 1,000 of these tires are kept on the business premises; or
(3)	A retail tire-selling business which is serving as a waste tire collection center if fewer than 1,000 waste tires are kept on the business premises.
(f)	The Department shall encourage the voluntary establishment of waste tire collection centers at retail tire-selling businesses, waste tire processing facilities, and solid waste disposal facilities, to be open to the public for the deposit of used and waste tires.  The Department is authorized to establish an incentives program for individuals to encourage them to return their used or waste tires to a waste tire collection center.  The incentives used by the Department may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the Department determines will promote collection, reuse, volume reduction, and proper disposal of used or waste tires.  The Department may contract with a promotion company to administer the incentives program.
"§ 130A-294.26. Waste tire fees.
(a)	For the privilege of engaging in business, a fee for each new motor vehicle tire sold at retail is imposed on any person engaging in the business of making retail sales of new motor vehicle tires within this State.  For the period January 1, 1990, through December 31, 1990, the fee shall be imposed at the rate of fifty cents (50¢) for each new tire sold.  Beginning January 1, 1991, and thereafter, the fee shall be imposed at the rate of one dollar ($1.00) for each new tire sold.  The fee imposed shall be paid to the Department of Revenue on or before the 20th day of the month following the calendar quarter in which the sale occurs.  The terms ‘sold at retail' and ‘retail sales' do not include the sale of new motor vehicle tires to a person solely for the purpose of resale, provided the subsequent retail sale in this State is subject to the fee.  This fee does not apply to recapped tires.  Such fee shall be subject to general sales tax pursuant to Chapter 105 of the General Statutes.
(b)	The fee imposed by subsection (a) of this section shall be reported to the Department of Revenue.  The payment shall be accompanied by a form as prescribed by the Department of Revenue.  The proceeds of the waste tire fee, less administrative costs, shall be transferred by the Department of Revenue into the waste tire account within the Solid Waste Management Trust Fund.  The amount deducted for the costs of administration may not exceed three percent (3%) of the total revenues collected pursuant to subsection (a) of this section, and shall be only those costs solely and directly attributed to the fee.
(c)	The Department of Revenue shall administer, collect, and enforce the fee authorized under subsection (a) of this section  pursuant to the same procedures used in the administration, collection, and enforcement of the general State sales tax imposed under Chapter 105 of the General Statutes, except as provided in this section.  The provisions of this section regarding the authority to audit and make assessments, the keeping of books and records, and interest and penalties on delinquent fees shall apply.  The fee may not be included in the computation of estimated taxes pursuant to Article 4C of Chapter 105 of the General Statutes.
The Department of Revenue is authorized to employ persons and incur other expenses for which funds are appropriated by the General Assembly.  The Department is empowered to adopt such rules and shall prescribe and publish any forms as may be necessary to effectuate the purposes of this section.  The Department is authorized to establish audit procedures and to assess delinquent fees.
"§ 130A-294.27. Waste tire grants.
(a)	The Department shall, by July 1, 1990, establish a program to make grants to counties which desire, individually or collectively, to:
(1)	Construct or operate, or contract for the construction or operation of, a waste tire processing facility and equipment purchases;
(2)	Contract for a waste tire processing facility service within or outside the county or State;
(3)	Remove or contract for the removal of waste tires from the county, region, or State;
(4)	Perform or contract for the performance of research designed to facilitate waste tire recycling;
(5)	Establishing waste tire collection centers at solid waste disposal facilities or waste tire processing facilities; or
(6)	Provide incentives for establishing privately operated waste tire collection centers for the public.
(b)	Each county shall be eligible for a pro rata share, based on population, of the available funds in the waste tire account of the Solid Waste Management Trust Fund.  Counties may join together, pooling their financial resources, when utilizing their grants for the purposes described in subsection (a) of this section.
(c)	The Department shall provide technical assistance, upon request, to a county or groups of counties desiring assistance in applying for waste tire grants or choosing a method of waste tire management which would be an eligible use of the grant funds.
"§ 130A-294.28. University research.
(a)	Research, training, and service activities related to solid and hazardous waste management conducted by The University of North Carolina shall be coordinated by the Board of Governors of The University of North Carolina through the Office of the Chancellor.  Proposals for research contracts and grants; public service assignments; and responses to requests for information and technical assistance by the State and units of local government, business, and industry shall be addressed by a formal process involving an advisory board of university personnel appointed by the chancellor and chaired and directed by an individual appointed by the chancellor.  The Board of Governors of The University of North Carolina shall consult with the Department of Human Resources in developing the research programs and provide the Department with a copy of the proposed research program for review and comment before the research is undertaken.  Research contracts shall be awarded to independent nonprofit colleges and universities within the State which are accredited by the Southern Association of Colleges and Schools on the same basis as those research contracts awarded to The University of North Carolina.  Research activities shall include the following areas:
(1)	Methods and processes for recycling solid and hazardous waste;
(2)	Methods of treatment for detoxifying hazardous waste; and
(3)	Technologies for disposing of solid and hazardous waste.
(b)	The Board of Governors shall designate an institution or several institutions within The University of North Carolina or independent nonprofit colleges and universities identified in subsection (a) of this section  to conduct a study of the effects of commercial product packaging on the management of solid waste in the State.  The study shall involve:
(1)	Evaluation of packaging which contains large concentrations of chloride, such as packaging made with polyvinyl chloride.
(2)	Evaluation of polystyrene packaging.
(3)	Evaluation of packaging that introduces heavy metals into the waste stream.
(4)	Identification of unnecessary packaging.
(5)	Identification of packaging that is nonrecyclable and nonbiodegradable.
The study and, if necessary, recommendations for legislative action, shall be completed by October 1, 1990, and shall be submitted to the Governor and the General Assembly.  In conducting the study, the designated institute or institutes shall consult with businesses and industries, environmental interests, units of local government involved in developing solid waste management or recycling programs, State agencies, other institutions of The University of North Carolina, and independent nonprofit colleges and universities identified in subsection (a) of this section."
Sec. 6.  Article 3 of Chapter 143 of the General Statutes is amended by adding a section to read:
"§ 143-58.2.  Procurement of products and materials with recycled content.
(a)	The Secretary of Administration, in cooperation with the Department of Human Resources, shall review and revise existing procurement procedures and specifications for the purchase of products and materials to eliminate any procedures and specifications that explicitly discriminate against products and materials with recycled content, except where such procedures and specifications are necessary to protect the health, safety, and welfare of the people of this State.
(b)	The Secretary shall review and revise its procurement procedures and specifications for the purchase of products and materials to ensure, to the maximum extent economically feasible, that it purchase products or materials that may be recycled or reused when these products or materials are discarded.  The Secretary shall complete an initial review and revision by September 1, 1990.
(c)	As part of the review and revision required in subsection (b), the Secretary shall review the procurement provisions and specifications for the purchase of products and materials to determine which products or materials with recycled content could be procured by the Department or other agencies and the amount of recycled content that can economically and technologically be contained in these products or materials. The Department and other agencies shall use the amounts of recycled content determined by the Secretary in issuing invitations to bid for contracts for the purchase of such products or materials.  The review shall be completed by September 1, 1990, and the amounts of recycled content determined by the Secretary shall be used by the Department and other agencies thereafter.
(d)	Upon completion of the review required in subsection (c), the Department or an agency shall require that a person who submits a bid for a contract for the purchase of products or materials identified in subsection (c) of this section and who wishes to be considered for the price preference described in subsection (e) of this section shall certify, in writing, the percentage of recycled content in the product or material that is subject to the bid.  A person may certify that the product or material contains no recycled content.
(e)	Upon evaluation of bids for every public contract that involves the purchase of products or materials identified in subsection (c), the Department or an agency shall identify the lowest responsive bidder, and any other responsive bidders who have certified that the products or materials contain at least the minimum percentage of recycled content that is set forth in the invitation for the bids.  In awarding a contract for the purchase of products or material, the Department or an agency may allow up to a ten percent (10%) price preference to a responsive bidder who has certified that the products or materials contain at least the minimum percentage of recycled content.  If no bidders offer products or materials with the minimum  prescribed recycled content, the contract shall be awarded to the lowest bidder.
(f)	For the purposes of this section, ‘recycled content' means materials that have been recycled that are contained in the products or materials to be procured.  The term does not include internally generated scrap that is commonly used in industrial or manufacturing processes or waste of scrap purchased from another manufacturer who manufactures the same or a closely related product.
(g)	Any person who believes that a particular product or material with recycled content may be beneficially used instead of another product or material may request the Secretary to evaluate that product or material.  The Secretary shall review each reasonable proposal to determine its merit and, if he finds that the product or material may be used beneficially, he may incorporate that product or material into the procurement procedures.
(h)	The Secretary shall review and revise the procedures and specifications on a continuing basis to encourage the use of products and materials with recycled content and shall, in developing new procedures and specifications, encourage the use of products and materials with recycled content.
(i)	All agencies shall cooperate with the Department in carrying out the provisions of this section."
Sec. 7.  Article 8 of Chapter 143 of the General Statutes is amended by adding a section to read:
"§ 143-135.6.  Procurement of products and materials with recycled content.
(a)	The Secretary of Administration, in cooperation with the Department of Human Resources, shall review and revise existing procurement procedures and specifications for the purchase of products and materials to eliminate any procedures and specifications that explicitly discriminate against products and materials with recycled content, except where such procedures and specifications are necessary to protect the health, safety, and welfare of the people of this State.
(b)	The Secretary shall review and revise its procurement procedures and specifications for the purchase of products and materials to ensure, to the maximum extent economically feasible, that it purchases products of materials that may be recycled or reused when these products or materials are discarded.  The Secretary shall complete an initial review and revision by September 1, 1990.
(c)	As part of the review and revision required in subsection (b), the Secretary shall review the procurement provisions and specifications for the purchase of products and materials to determine which products or materials with recycled content could be procured by the Department or other agencies and the amount of recycled content that can economically and technologically be contained in such products or materials.  The Department and other agencies shall use the amounts of recycled content determined by the Secretary in issuing invitations to bid for contracts for the purchase of such products or materials.  The review shall be completed by September 1, 1990, and the amounts of recycled content determined by the Secretary shall be used by the Department and other agencies thereafter.
(d)	Upon completion of the review required in subsection (c), the division or an agency shall require that a person who submits a bid for the contract for the purchase of products or materials identified in subsection (c) of this section and who wishes to be considered for the price preference described in subsection (e) of this section shall certify, in writing, the percentage of recycled content in the product or material that is subject to the bid.  A person may certify that the product or material contains no recycled content.
(e)	Upon evaluation of bids for every public contract that involves the purchase of products or materials identified in subsection (c), of this section the Department or an agency shall identify the lowest responsive bidder, and any other responsive bidders who have certified that the products or materials contain at least the minimum percentage of recycled content that is set forth in the invitation for the bids.  In awarding a contract for the purchase of products or materials, the Department or an agency may allow up to a 10 percent (10%) price preference to a responsive bidder who has certified that the products or materials contain at least the minimum percentage of recycled content.  If no bidders offer products or materials with the minimum prescribed recycled content, the contract shall be awarded to the lowest bidder.
(f)	For the purposes of this section, ‘recycled content' means materials that have been recycled that are contained in the products or materials to be procured.  The term does not include internally generated scrap that is commonly used in industrial or manufacturing processes or waste or scrap purchased from another manufacturer who manufactures the same or a closely related product.
(g)	Any person who believes that a particular product or material with recycled content may be beneficially used instead of another product or material may request the Secretary to evaluate that product or material.  The Secretary shall review each reasonable proposal to determine its merit and, if he finds that the product or material may be used beneficially, he may incorporate that product or material into the procurement procedures.
(h)	The division shall review and revise its procedures and specifications on a continuing basis to encourage the use of products and materials with recycled content and shall, in developing new procedures and specifications, encourage the use of products and materials with recycled content.
(i)	All agencies shall cooperate with the Department in carrying out the provisions of this section."
Sec. 8.  Article 2 of Chapter 136 of the General Statutes is amended by adding a section to read:
"§ 136-285.  Use of recyclable materials in construction.
(a)	It is the intent of the General Assembly that the Department of Transportation continue to expand its current use of recovered materials in its construction programs.
(b)	The General Assembly declares it to be in the public interest to find alternative ways to use certain recyclable materials that currently are part of the solid waste stream and that contribute to problems of declining space in landfills.  To determine the feasibility of using certain recyclable materials for paving materials, the Department shall before January 1, 1991, undertake, as part of its currently scheduled projects, demonstration projects using the following materials in road construction:
(1)	Ground rubber from automobile tires in road resurfacing or subbase materials for roads;
(2)	Ash residue from coal combustion by-products for concrete and ash residue from waste incineration facilities and oil combustion by-products for subbase material;
(3)	Recycled mixed-plastic material for guard rail posts or right-of-way fence posts;
(4)	Construction steel, including reinforcing rods and I-beams, manufactured from scrap metals disposed of in the State; and
(5)	Glass and glass aggregates.
Within one year after the conclusion of the demonstration projects the Department shall report to the Governor and the General Assembly on the maximum percentage of each recyclable material that can be effectively utilized in road construction projects.  Concurrent with the submission of the report, the Department shall review and modify its standard road and bridge construction specifications to allow and encourage the use of recyclable materials consistent with the findings of the demonstration projects.
(c)	The Department shall contract for the investigation and evaluation of the use of ground tire rubber as an additive to asphalt concrete and other alternatives which would utilize waste tires.  The development of the scope of services and technical guidance and review of the work shall be a cooperative effort of the Planning and Research Branch of the Department and The University of North Carolina.  Activities shall include:
(1)	Determining the type and amount of ground tire rubber that would provide acceptable properties in an asphalt concrete mix;
(2)	Determining preprocessing requirements and the method of incorporation of ground tire rubber in the asphalt concrete mix, and identifying potential effects on pavement construction and performance;
(3)	Determining effects and procedures for the recycling of asphalt concrete containing ground tire rubber;
(4)	Determining the amount of ground tire rubber that may be used in road construction and the expected cost of its use; and
(5)	Identifying changes needed in Department and local government specifications and procedures to allow for use of ground tire rubber from waste tires in asphalt concrete pavements.
This evaluation shall be completed by March 1, 1990, and the Department shall report its findings to the Governor and the General Assembly.
(d)	The Department shall review and revise existing bid procedures and specifications for the purchase or use of products and materials to eliminate any procedures and specifications that explicitly discriminate against products and materials with recycled content, except where the procedures and specifications are necessary to protect the health, safety, and welfare of the people of this State.
(e)	The Department shall review and revise its bid procedures and specifications on a continuing basis to encourage the use of products and materials with recycled content and shall, in developing new procedures and specifications, encourage the use of products and materials with recycled content.
(f)	All agencies shall cooperate with the Department in carrying out the provisions of this section."
Sec. 9.  G.S. 14-399.1 is repealed.
Sec. 10.  G.S. 14-399 reads as rewritten:
"§ 14-399. Littering.
(a)	No person, firm, organization, private corporation, or governing body, agents or employees of any municipal corporation shall intentionally or recklessly throw, scatter, spill or place or intentionally or recklessly cause to be blown, scattered, spilled, thrown or placed or otherwise dispose of any litter upon any public property or private property not owned by him within this State or in the waters of this State including, but not limited to, any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street or alley except:
(1)	When such property is designated by the State or political subdivision thereof for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose; or
(2)	Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of such private or public property or waters.
(b)	When litter is so blown, scattered, spilled, thrown or placed from a vehicle or watercraft, the operator thereof shall be presumed to have committed such offense. This presumption, however, does not apply to a vehicle transporting agricultural products or supplies when the litter from that vehicle is a nontoxic, biodegradable agricultural product or supply.
			(c)	Any person who dumps litter in violation of subsection (a) in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty of no less than fifty dollars ($50.00) and no more than two hundred dollars ($200.00).  In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed.
(d)	Any person who dumps litter in violation of subsection (a) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume, and not for commercial purposes, is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) or more than three hundred dollars ($300.00).  In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed.  Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, regardless of whether adjudication is withheld or of whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Transportation, Division of Motor Vehicles, which shall record a penalty of three points on the violator's drivers license pursuant to the point system established by G.S. 20-16.
(e)	Any person who dumps litter in violation of subsection (a) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in G.S. 130A-290 is guilty of a Class J felony.  In addition, the court may order the violator to:
(1)	Remove, or render harmless, the litter that he dumped in violation of this section;
(2)	Repair or restore property damaged by, or pay damages for any damage arising out of, his dumping litter in violation of this section; or
(3)	Perform community public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section.
(f)	A court may enjoin a violation of this section.
(g)	A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to seizure and summary forfeiture to the State.
(h)	If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or two hundred dollars ($200.00), whichever amount is greater.  In addition, the court shall order the person to pay the injured party's court costs and attorney's fees.  A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this subsection which he  would be estopped from asserting if such judgment were rendered in the civil action, unless the criminal judgment was based upon a plea of no contest or nolo contendere.
(i)	For the purpose of this section, if a person dumps litter from a commercial vehicle, that person is presumed to have dumped the litter for commercial purposes.  
(j)	In the criminal trial of a person charged with violating this section, the State does not have the burden of proving that the person did not have the right or authority to dump the litter or that litter dumped on private property causes a public nuisance.  The defendant has the burden of proving that he had authority to dump the litter and that the litter dumped does not cause a public nuisance.
(k)	For the purpose of the section, unless the context requires otherwise:
(1)	‘Aircraft' means a motor vehicle or other vehicle that is used or designed to fly, but does not include a parachute or any other device used primarily as safety equipment.
(2)	‘Commercial vehicle' means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for economic gain.
(3)	‘Law enforcement officer' means any officer of the North Carolina Highway Patrol, a county sheriff's department, a municipal law enforcement department, a law enforcement department of any other political subdivision, the Department of Natural Resources, or the North Carolina Wildlife Resources Commission.  In addition, and solely for the purposes of this section, ‘law enforcement officer' means any employee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer; or wildlife protectors as defined in G.S. 113-128(9);
(4)	‘Litter' means any garbage, rubbish, trash, refuse, can, bottle, box container, paper, tobacco product, tire appliance, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility, dead animal or discarded material in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
(5)	‘Vehicle' has the same meaning as in G.S. 20-4.01(49); and
(6)	‘Watercraft' means any boat or vessel used for transportation across the water.
(l)	It shall be the duty of all law enforcement officers to enforce the provisions of this section.
(m)	This section does not limit the authority of any State or local agency to enforce other laws, rules or ordinances relating to litter or solid waste management."
Sec. 11.  G.S. 20-16(c) reads as rewritten:
	"(c) The Division shall maintain a record of convictions of every person licensed or required to be licensed under the provisions of this Article as an operator and shall enter therein records of all convictions of such persons for any violation of the motor vehicle laws of this State and shall assign to the record of such person, as of the date of commission for [of] the offense, a number of points for every such conviction in accordance with the following schedule of convictions and points, except that points shall not be assessed for convictions resulting in suspensions or revocations under other provisions of laws: Further, any points heretofore charged for violation of the motor vehicle inspection laws shall not be considered by the Division of Motor Vehicles as a basis for suspension or revocation of driver's license:

Schedule of Point Values 
	Passing stopped school bus	5
Reckless driving	4
Hit and run, property damage only	4
Following too close	4
Driving on wrong side of road	4
Illegal passing	4
Running through stop sign	3
Speeding in excess of 55 miles per hour	3
Failing to yield right-of-way	3
Running through red light	3
No driver's license or license expired more than one year 3
Failure to stop for siren	3
Driving through safety zone	3
No liability insurance	3
Failure to report accident where such report is required 3
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle 3
Speeding in a school zone in excess of the posted school zone speed limit 3
All other moving violations	2
The [above] provisions of this subsection shall only apply to violations and convictions which take place within the State of North  Carolina.
No points shall be assessed for conviction of the following offenses:
Overloads
Over length
Over width
Over height
Illegal parking
Carrying concealed weapon
Improper plates
Improper registration
Improper muffler
Public drunk within a vehicle
Possession of alcoholic beverages
Improper display of license plates or dealers' tags
Unlawful display of emblems and insignia
Failure to display current inspection certificate.
In case of the conviction of a licensee of two or more traffic offenses committed on a single occasion, such licensee shall be assessed points for one offense only and if the offenses involved have a different point value, such licensee shall be assessed for the offense having the greater point value.
Upon the restoration of the license or driving privilege of such person whose license or driving privilege has been suspended or revoked because of conviction for a traffic offense, any points that might previously have been accumulated in the driver's record shall be cancelled.
Whenever any licensee accumulates as many as seven points or accumulates as many as four points during a three-year period immediately following reinstatement of his license after a period of suspension or revocation, the Division may request the licensee to attend a conference regarding such licensee's driving record. The Division may also afford any licensee who has accumulated as many as seven points or any licensee who has accumulated as many as four points within a three-year period immediately following reinstatement of his license after a period of suspension or revocation an opportunity to attend a driver improvement clinic operated by the Division and, upon the successful completion of the course taken at the clinic, three points shall be deducted from the licensee's conviction record; provided, that only one deduction of points shall be made on behalf of any licensee within any five-year period.
When a license is suspended under the point system provided for herein, the first such suspension shall be for not more than 60 days;  the second such suspension shall not exceed six months and any subsequent suspension shall not exceed one year.
Whenever the driver's license of any person is subject to suspension under this subsection and at the same time also subject to  suspension or revocation under other provisions of laws, such suspensions or revocations shall run concurrently.
In the discretion of the Division, a period of probation not to exceed one year may be substituted for suspension or for any unexpired period of suspension under subsections (a)(1) through (a)(10a) of this section. Any violation of probation during the probation period shall  result in a suspension for the unexpired remainder of the suspension period. Any accumulation of three or more points under this subsection during a period of probation shall constitute a violation of the condition of probation."
Sec. 12.  Part 2 of Article 9 of Chapter 130A of the General Statutes, as amended by Section 5 of this act, is amended by adding the following sections to read:
"§ 130A-295.2.  Waste newsprint disposal fees.
(a)	On and after January 1, 1990, a product waste disposal fee of ten cents (10¢) per ton of newsprint consumed is imposed upon every producer or publisher within the State.  The waste disposal fee imposed by this section shall be collected from producers or publishers based upon the total weight of newsprint actually consumed in their publications.
(b)	The product waste disposal fee imposed by this section shall be reported and paid to the Department of Revenue quarterly.  A credit of ten cents (10¢) per ton of newsprint against the fee obligation may be taken by the producer or publisher for overruns or similar products not actually circulated or delivered.  The credit of ten cents (10¢) per ton is also allowed against the fee obligation for each ton of recycled newsprint used in publication of products.  The payment shall be accompanied by a form as prescribed by the Department of Revenue.  The proceeds of the product waste disposal fee collected pursuant to this section, less administrative costs, shall be transferred to the Solid Waste Management Trust Fund.
For the purposes of this section, ‘proceeds' of the fee shall mean all funds collected and received by the Department pursuant to this section, including interest and penalties on delinquent fees.  The amount deducted for the costs of administration may not exceed three percent (3%) of the total revenues collected pursuant to this section, and shall be only for those costs solely and directly attributable to the fee.
The Department of Revenue shall administer, collect, and enforce the fee authorized under this section pursuant to the same procedures used in the administration, collection, and enforcement of the general State sales tax imposed under Chapter 105 of the General Statutes, except as provided in this section.  The provisions of this section regarding the authority to audit and make assessments, keeping of books and records, and interest and penalties on delinquent fees shall apply.  The fees shall not be included in the computation of estimated taxes pursuant to Article 4C of Chapter 105 of the General Statutes.
The Department of Revenue, is authorized to employ persons and incur other expenses for which funds are appropriated by the General Assembly.  The Department is empowered to adopt rules and shall prescribe and publish these forms as may be necessary to effectuate the purposes of this section.  The Department is authorized to establish audit procedures and to assess delinquent fees.
(c)	If the Department of Human Resources determines on October 1, 1993, by the preponderance of evidence, that newsprint sold within the State is being recycled at a rate of fifty percent (50%) or more of the quantity sold within the State, the product waste disposal fee on newsprint shall be rescinded.  If the Department determines on that date, by a preponderance of evidence, that newsprint sold within the State is being recycled at a rate of less than fifty percent (50%) of the quantity sold within the State, the product waste disposal fee on newsprint shall be increased to fifty cents (50¢) per ton and the credits authorized by subsection (b) shall be increased to fifty cents (50¢) per ton, effective October 1, 1992.  If the product waste disposal fee on newsprint is increased on October 1, 1992, the provisions of subsections (d) and (e) shall also be implemented effective on October 1, 1992.
(d)	Any producer or publisher using newsprint in publications shall accept from a person for recycling purposes reasonably clean newsprint previously produced, published, or offered for sale by that producer or publisher.  Publications accepted for recycling shall be accepted at the place where they were produced or published or at other convenient sites offered by the producers or publishers.
(e)	The producer or publisher may claim a credit of twenty-five cents (25¢) per ton of newsprint utilized in publications by its facility that have been returned and made available for recycling.  These claims shall be made quarterly to the Department of Revenue and shall be accompanied by such documentation of the claim as the Department of Revenue requires.
(f)	In no event shall credits pursuant to this section exceed the fee obligation.
"§ 130A-295.3.  Advance disposal fee program.
(a)	The General Assembly finds that containers which are made from plastic, glass, plastic-coated paper, aluminum, or other metals and which are improperly discarded represent a significant solid waste problem in this State.  Finding a solution to litter problems involving containers has been challenging and difficult for the public and private sectors.  The General Assembly has determined that a program operated with the established goals and implemented in phases is the most appropriate way to solve problems of litter involving containers.  This section is intended to create the necessary infrastructure to help solve comprehensive solid waste management problems facing the State in the future.  If the recycling facilities and programs created under this act are not adequate to meet the legislated recycling goals, additional mechanisms are provided to be implemented in phases to help assure that litter problems involving containers are solved and that the reduction of the solid waste stream can be accomplished.
(b)	If the Department of Human Resources determines on October 1, 1993, by a preponderance of evidence, that containers which are made of glass, plastic, plastic-coated paper, aluminum, or other metals and which are sold in this State are not being recycled at a sustained rate of fifty percent (50%) of the quantities that these individual types of containers are sold within the State, the advance disposal fee program provided for in subsection (c) shall be implemented.  The requirements of this section that apply to plastic containers shall apply individually to the categories of plastic containers identified in G.S. 130A-294.6(h).
(c)	If the Department makes the determination specified in subsection (b), there shall be an advance disposal fee of one cent (1¢) per container charged by retail establishments on those types of containers sold in the State.
The proceeds of the advance disposal fee collected pursuant to this section, less the cost of administration, shall be reported and paid quarterly and shall be transferred into a fund to be known as the Container Recycling Trust Fund within the Department of Revenue.
For the purposes of this section, ‘proceeds' of the fee shall mean all funds collected and received by the Department of Revenue pursuant to this subsection, including interest and penalties on delinquent fees.  The amount deducted for the costs of administration shall not exceed three percent (3%) of the total revenues collected pursuant to this subsection, and shall be only those costs solely and directly attributable to the fee.  The Department of Revenue shall determine the amount which needs to be reserved in the Container Recycling Trust Fund each quarter for refunds and administrative costs.  Any amount above that reserve shall be transferred quarterly to the Solid Waste Management Trust Fund.
The Department of Revenue shall administer, collect, and enforce the fee authorized under this subsection pursuant to the same procedures used in the administration, collection, and enforcement of the general State sales tax imposed under Chapter 105 of the General Statutes, except as provided in this section.  The provisions of this section regarding the authority to audit and make assessments, keeping of books and records, and interest and penalties on delinquent fees shall apply.  The fees shall not be included in the computation of estimated taxes pursuant to Article 4C of Chapter 105 of the General Statutes.
The Department of Revenue, is authorized to employ persons and incur other expenses for which funds are appropriated by the General Assembly.  The Department is empowered to adopt such rules and shall prescribe and publish these forms as may be necessary to effectuate the purposes of this section.  The Department is authorized to establish audit procedures and to assess delinquent fees.
(d)	The Department of Human Resources shall adopt rules to accomplish the following:
(1)	Establishing reporting requirements necessary to obtain necessary sales and recycling information to implement this Section and Section 20 of this act;
(2)	Establishing the criteria to determine whether the fifty percent (50%) recycling rate has been achieved; and
(3)	Establishing the criteria for registration of public and private recycling centers.
(e)	Containers for which an advance disposal fee has been charged may be returned to recycling centers which have registered with the Department, pursuant to Department rule, for a refund on the advance disposal fee in addition to payment for the market value of the product from which the container is made.  Unclaimed moneys which remain in the Container Recycling Trust Fund shall be allocated to support container recycling programs as follows:
(1)	For capital assistance grants, sixty percent (60%);
(2)	For litter control, fifteen percent (15%);
(3)	For promotion and education, ten percent (10%);
(4)	For technical assistance, eight percent (8%);
(5)	For research and development, five percent (5%); and
(6)	For administration, two percent (2%).
No more than monthly, or at times determined by rule of the Department of Revenue, operators of registered recycling centers may certify to the Department of Revenue, on forms provided by the Department of Revenue, the amount of refunds of the advance disposal fee which have been paid to purchasers and shall receive a refund from the Container Recycling Trust Fund.  The Department of Revenue shall establish audit procedures for registered recycling center operators.
(f)	If the Department of Human Resources determines by October 1, 1996, that containers made of glass, plastic, plastic-coated paper, aluminum, or other metals, and sold in the State are not being recycled at a rate of fifty percent (50%) of the quantities that these individual types of containers are sold within the State, the advance disposal fee program established in subsection (c) shall increase to two cents (2¢) per container and the provisions of G.S. 130A-295.4 shall be implemented.  These fees shall not apply to those types of containers that are recycled at a rate of fifty percent (50%) or more.
(g)	The provisions of this section and G.S. 130A-295.4 are repealed October 1, 1996, and shall be reviewed by the General Assembly prior to that date.
"§ 130A-295.4. Containers; deposit; recycling and return.
(a)	Definitions. – As used in G.S. 130A-295.3 and this section:
(1)	‘Container' means the individual, separate, and sealed glass, plastic, plastic-coated paper, aluminum, or other metal can, bottle, or jar, not less than five ounces in capacity; and in which the contents have been sealed by the manufacturer.
(2)	‘Consumer' means any person who purchases a container for consumption of its contents with no intent to resell such container.
(3)	‘Dealer' means any person in this State who engages in the sale of containers to a consumer.  The term includes an operator of a vending machine containing containers.  The term does not include a person who sells or offers for sale containers, the contents of which are consumed on the premises; nor a common carrier in the conduct of interstate passenger service who sells, offers for sale, or distributes to its passengers, containers, the contents of which are consumed on the premises.
(4)	‘Distributor' means any person who engages in the sale of containers to a dealer in this State, including any manufacturer who engages in such sales.
(5)	‘Manufacturer' means any person bottling, canning, or otherwise filling containers for sale to distributors or dealers.
(6)	‘Nonrefillable container' means a container which is not intended to be reused as a container by a manufacturer after being initially used by a consumer.
(7)	‘Refillable container' means a container which is intended to be reused as a container at least five times by a manufacturer after being initially used by a consumer.
(8)	‘Redemption center' means a business other than a dealer or distributor which offers to redeem any empty container for the amount of deposit.
(b)	Refund value required. – Every container sold or offered for sale in this State shall have a refund value established by the distributor of not less than five cents (5¢).  Each container shall have the refund value, and the words "North Carolina”clearly indicated by embossing, by a stamp, or by a label or other device securely fixed to any portion of the container other than the bottom.  A dealer, redemption center, or distributor may refuse to accept from a person any empty container which does not state such information on the container.  This subsection does not apply to containers sold by a distributor for use by a common carrier in the conduct of interstate passenger service.
This subsection does apply to any refillable container having a brand name permanently marked thereon which, on the effective date of this act, has a refund value of not less than ten cents (10¢).
The requirements of this subsection relating to refund value shall not apply to those types of containers that meet the requirements of recycling of G.S. 130A-295.3(b).
(c)	Consumers, Dealers, Distributors, and Vending Machine Operators; Required Practices. –
(1)	Each consumer shall deposit with the dealer the refund value of each container purchased from that dealer.  However, no deposit shall be required if the container is sold for consumption of the beverage on the premises.
(2)	Except as provided in subdivision (4), a dealer shall accept from any consumer or other person not a dealer any empty, unbroken, and reasonably clean container of the type, size, and brand sold by the dealer within the past 60 days and shall pay in cash the refund value of the returned container.
(3)	A dealer shall inform consumers that containers are returnable by placing a sign or shelf label, or both, in close proximity to any sales display of containers.  The sign or label shall indicate the amount of deposit required for each container and indicate that the containers are returnable.  If a dealer participates in a redemption center, the location of that redemption center shall be posted.
(4)	A dealer may limit the total number of containers that he will accept from any one consumer in any business day to 96 containers.  The dealer may refuse to accept containers for a period of not more than three hours during any business day, provided that the hours during which containers will not be accepted are conspicuously posted.
(5)	Each operator of a vending machine which sells containers shall post a conspicuous notice on the vending machine indicating that a refund is available for each container purchased and indicating where and from whom that refund may be obtained.  This subdivision does not require vending machine operators to provide refunds at the premises where the vending machines are located.
(6)	A distributor shall accept from a dealer any empty, unbroken, and reasonably clean container of the type, size, and brand sold by the distributor within the past 60 days and shall pay the dealer or his agent, within 10 working days, the refund value of the container plus a handling fee of at least twenty percent (20%) of the refund value of each container.
(7)	A distributor may refuse to accept from any person who is not a dealer a quantity of fewer than 599 containers of the type, size, and brand sold by the distributor.
(8)	A distributor shall not be required to pay a manufacturer a deposit on a nonrefillable container.
(9)	Any person may establish a redemption center and may determine what type, size, and brand of container shall be accepted.  The redemption center may contract with a dealer or a distributor to collect and provide for the recycling of empty containers.  The distributor shall accept any empty, unbroken, and reasonably clean container of the type, size, and brand sold by the distributor within the past 60 days and shall pay to the redemption center, within 10 working days, the refund value of the container, plus a handling fee of not less than twenty percent (20%) of the refund values.
(d)	Powers and Duties of Department. – The Department shall adopt rules necessary to administer this section, including rules for the regulation of redemption centers.  The rules shall provide that State informational material, including travel pamphlets and road maps, printed after December 31, 1996, shall contain information related to this section.  Such informational material shall contain a statement relating to the deposit law, urging travelers to avoid littering.
(e)	Educational Materials. – The Department of Public Instruction shall incorporate information concerning this section into educational materials distributed to primary and secondary schools within the State, urging an end to littering.
(f)	Penalty. – Any person who violates any of the provisions of this section is guilty of a misdemeanor.
(g)	Effective Date. – This section shall become effective October 1, 1996."
Sec. 13. Part 4 of Article 5 of Chapter 105 of the General Statutes is amended by adding a new section to read:
"§ 105-164.21B. Solid Waste Management Trust Fund deposits.
An amount equal to two-tenths of one percent (.2%) of the proceeds remitted pursuant to this Part by a dealer shall be transferred into the Solid Waste Management Trust Fund which is created in the State Treasury.  For purposes of this section, the term ‘proceeds' means all funds collected and received by the Department of Revenue, including any interest and penalties."
Sec. 14.  Division III of Article 5 of Chapter 105 of the General Statutes is amended by adding a section to read:
"§ 105-164.13B.  Machinery and equipment for processing recyclable materials.
(a)	Industrial machinery and equipment purchased for use in manufacturing facilities or plant units which manufacture, process, compound, or produce for sale items of tangible personal property at fixed locations in this State and meeting the following requirements are exempt from the tax imposed by this Chapter, to the extent as follows:
(1)	The machinery and equipment is integral to recycling, as defined in G.S. 130A-290 and certified to the Department by the Department of Human Resources;
(2)	The machinery and equipment is expressly designed to utilize recyclable materials in manufacturing, processing, compounding, or producing for sale items of tangible personal property; and
(3)	The machinery and equipment is directly used to increase the consumption by the taxpayer at a single location of North Carolina-source recyclable materials by not less than ten percent (10%) as certified by the taxpayer.  If the taxpayer is a corporation, this requirement shall apply to all members of the affiliated group to which it belongs, if any.
(b)	The exemption provided in this section shall inure to the taxpayer by refunds of previously paid taxes.  Following the first full year in which the machinery and equipment is in operation, the taxpayer shall apply to the Department for a refund of sales taxes paid, providing information on sales tax paid, machinery and equipment purchased and the use of North Carolina-source recyclable materials as the Department may require.  Upon the determination by the Department that all requirements for a refund have been met, such refund shall be issued."
Sec. 15.  This act shall become effective August 1, 1989.