GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 2340

Short Title:  Limits on Siting Waste Facilities.	(Public)
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Sponsors: Representatives Green; Church and J. Crawford.
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Referred to:  Rules.
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June 6, 1990

A BILL TO BE ENTITLED
AN ACT TO PROTECT THE CITIZENS OF NORTH CAROLINA BY ENSURING THAT A LOW-LEVEL RADIOACTIVE WASTE FACILITY, AN AUTHORIZED HAZARDOUS WASTE FACILITY, AND A PCB LANDFILL ARE ADEQUATELY SPACED.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-294(h) reads as rewritten:
	"(h) Rules adopted by the Commission shall be subject to the following requirements:
(2) 	Hazardous waste shall be treated prior to disposal in North Carolina.  The Commission shall determine the extent of waste treatment required before hazardous waste can be disposed of in a hazardous waste disposal facility.
(3) 	Any hazardous waste disposal facility hereafter constructed in this State shall meet, at the minimum, the standards of construction imposed by federal regulations adopted under the RCRA at the time the permit is issued.
(4) 	No hazardous waste disposal facility or polychlorinated biphenyl disposal facility shall be located within 25 miles of any other hazardous waste disposal facility or polychlorinated biphenyl disposal facility.
(5) 	No hazardous waste facility operated pursuant to Chapter 130B of the General Statutes shall be located within 25 miles of a polychlorinated biphenyl landfill facility.
(5a)	No polychlorinated biphenyl landfill facility shall be located in a county in which a low-level radioactive waste facility operated pursuant to Chapter 104G of the General Statutes or a hazardous waste facility operated pursuant to Chapter 130B of the General Statutes is located, or within 25 miles outward from the boundaries of such county.  No county shall have more than one of these facilities within 25 miles of its boundaries.
(6) 	The following will not be disposed of in a hazardous waste disposal facility:  ignitables as defined in the RCRA, polyhalogenated biphenyls of 50 ppm or greater concentration, and free liquids whether or not containerized.
(7) 	Facilities for disposal or long-term storage of hazardous waste shall have at a minimum the following: a leachate collection and removal system above an artificial impervious liner of at least 30 mils in thickness, a minimum of five feet of clay or clay-like liner with a maximum permeability of 1.0 x 10centimeters per second (cm/sec) below said artificial liner, and a leachate detection system immediately below the clay or clay-like liner.
(8) 	Hazardous waste shall not be stored at a hazardous waste treatment facility for over 90 days prior to treatment or disposal.
(9) 	The Commission shall consider any hazardous waste treatment process proposed to it, if the process lessens treatment cost or improves treatment over then current methods or standards required by the Commission."
Sec. 2.  G.S. 130B-11(c) reads as rewritten:
	"(c) In addition to any other site selection criteria adopted by the Commission, the following criteria shall apply to the selection of sites for hazardous waste treatment facilities:
(1)	A site shall be accessible to the Interstate Highway System by a highway having not less than two travel lanes in each direction (four-lane highway).
(2)	In evaluating potential sites, the Commission shall give preference to those sites which minimize the travel distance between the site and the Interstate Highway System.
(3)	A site shall not be located in or on wetlands, existing State or national parks or forests, existing historical sites, and existing wildlife refuges.
(4)	A site shall not be located in or on land on which a fish hatchery is located, Indian reservations, or federal military reservations.
(5)	A site shall not be located in a county in which a polychlorinated biphenyl landfill facility or a low-level radioactive facility operated pursuant to Chapter 104G of the General Statutes is located, or within 25 miles outward from the boundaries of such county.  No county shall have more than one of these facilities within 25 miles of its boundaries."
Sec. 3.  G.S. 104G-9 is amended by adding a new subsection to read:
"( b1)	In addition to any other site selection criteria adopted by the Authority, a site shall not be located in a county in which a polychlorinated biphenyl landfill facility or a hazardous waste facility operated pursuant to Chapter 103B of the General Statutes is located, or within 25 miles outward from the boundaries of such county.  No county shall have more than one of these facilities within 25 miles of its boundaries."
Sec. 4.  There is appropriated from the General Fund to the North Carolina Hazardous Waste Management Commission the sum of $10,000 for the 1990-91 fiscal year to be used for the Commission to revise its rules, procedures, and site selection process so that they are consistent with the provisions of this act.
Sec. 5.  There is appropriated from the General Fund to the North Carolina Low-level Radioactive Waste Management Authority the sum of $10,000 for the 1990-91 fiscal year to be used for the Authority to revise its rules, procedures, and site selection process so that they are consistent with the provisions of this act.
Sec. 6.  Sections 4 and 5 of this act shall become effective July 1, 1990.  The remaining sections are effective upon ratification. ¨