GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 131

Short Title:  Limit Proximity of Waste Facilities.	(Public)
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Sponsors: Senators Bryan, Johnson of Wake, Barker; Cochrane, Ezzell, Smith, Tally, and Walker.
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Referred to:  Environment and Natural Resources.
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February 7, 1989

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE PERMITTING OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY OR A HAZARDOUS WASTE FACILITY WITHIN THIRTY-FIVE MILES OF, OR IN THE SAME COUNTY OF, ANY OTHER FACILITY THAT STORES, TREATS, OR DISPOSES OF HIGH-LEVEL RADIOACTIVE WASTE; A LOW-LEVEL RADIOACTIVE WASTE FACILITY; OR HAZARDOUS WASTE FACILITY.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 104E of the General Statutes is amended by adding a section to read:
"§ 104E-10.4. Limitation for low-level radioactive facilities.
(a)	No low-level radioactive waste facility may be permitted within 35 miles of, or in the same county of:
(1)	Any facility for the storage, treatment, or disposal of high-level radioactive waste; or
(2)	Any low-level radioactive waste facility; or
(3)	Any commercial hazardous waste facility that accepts hazardous waste from the general public for treatment;
unless the board of county commissioners of the county in which the proposed facility is to be located officially approves.
(b)	As used in this section, the term:
(1)	‘High-level radioactive waste' has the same meaning as in the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101(12), as amended; and
(2)	‘Hazardous waste facility' has the same meaning as in G.S. 130A-290(5).
(c)	This section shall apply to any person who applies for a license or an amendment to a license to operate a low-level radioactive waste facility, and who is in the business of storing, treating, or disposing of the low-level radioactive waste of another person.  This section does not apply to a person who stores, treats, or disposes of the low-level radioactive waste that it generates.
(d)	A facility is deemed to be currently located in a county upon the issuance of any license by the Department of Human Resources that authorizes:
(1)	Engineering or architectural studies,
(2)	Construction, or
(3)	Operation
of such facility."
Sec. 2.  Chapter 130A of the General Statutes is amended by adding a section after G.S. 130A-295.1 to read:
"§ 130A-295.2.  Additional limitation on permits for hazardous waste facilities.
(a)	In addition to the provisions of G.S. 130A-294(h), no hazardous waste facility may be permitted within 35 miles of, or in the same county of:
(1)	Any facility for the storage, treatment, or disposal of high-level radioactive waste; or
(2)	Any low-level radioactive waste facility; or
(3)	Any commercial hazardous waste facility that accepts hazardous waste from the general public for treatment;
unless the board of county commissioners of the county in which the proposed hazardous waste facility is to be located officially approves.
(b)	As used in this section, the term:
(1)	‘High-level radioactive waste' has the same meaning as in the Nuclear Waste Policy Act of 1982, 42 U.S.C. 10101(12), as amended; and
(2)	‘Low-level radioactive waste facility' has the same meaning as in G.S. 104E-5(9b).
(c)	This section shall apply to any person who applies for a draft permit or a permanent permit to establish or operate a commercial hazardous waste facility that accepts hazardous waste from the general public for treatment.
(d)	A facility is deemed to be currently located in a county upon the issuance of any permit by the Department of Human Resources that authorizes:
(1)	Engineering or architectural studies,
(2)	Construction, or
(3)	Operation
of such facility."
Sec. 3.  This act is effective upon ratification.