GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 60

Short Title:  Hazardous Waste Comm. Repealed.	(Public)
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Sponsors: Representatives J. W. Crawford; and Church.
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Referred to:  Environment.
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February 12, 1991

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE STATUTES CREATING THE NORTH CAROLINA HAZARDOUS WASTE MANAGEMENT COMMISSION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 130B reads as rewritten:

"Chapter 130B.
Hazardous Waste Management.

"§ 130B-1. Applicability.
	(b)	The provisions of this Chapter shall not be construed to apply to any hazardous waste facility other than hazardous waste facilities established pursuant to this Chapter. 
"§ 130B-2. Definitions.
(a)	Unless a different meaning is required by the context, the definitions set out in G.S. 130A-290 shall apply throughout this Chapter.
(b)	Unless a different meaning is required by the context, the following definitions shall apply throughout this Chapter:
	" 	(2)	'Board' means the Governor's Waste Management Board established pursuant to Part 4A of Article 7 of Chapter 143B of the General Statutes.
	 " (4)	'Department' means the Department of Environment, Health, and Natural Resources. 
"§ 130B-3. Legislative findings.
The General Assembly of North Carolina hereby finds that the safe management of hazardous waste, is one of the most urgent problems facing North Carolina. The safe management of hazardous waste is essential to protect public health and safety and the environment and to continued economic growth. Consequently, cooperation and coordination among the private sector, the general public, the State, and local governments to assure the prevention of unnecessary waste and the establishment of a comprehensive and integrated system of adequate treatment and disposal facilities are essential.
The General Assembly of North Carolina finds that prevention, recycling, detoxification, and reduction of hazardous waste should be encouraged and promoted. These alternatives reduce the quantity and toxicity of hazardous waste requiring treatment or disposal and thus lessen the risk posed by hazardous waste to human health and the environment.  When these alternatives are not technologically or economically feasible, retrievable storage may be preferable to other means of disposal until appropriate methods for recycling or detoxification of the stored wastes are found.
Hazardous waste should be treated prior to long-term storage or disposal.  Disposal of the residue or ash of treated hazardous waste should occur only when its toxicity is reduced to the point that there would be no significant risk to public health and safety or to the environment in the event of leakage from the disposal facility.  Hazardous waste that cannot be detoxified, stabilized, or destroyed so as to present no significant risk to the public health or safety or to the environment should be placed in retrievable storage until satisfactory treatment processes become available.  Hazardous waste in retrievable storage should be detoxified as soon as it is determined that it is technologically possible to do so at a reasonable cost.  Hazardous waste disposal facilities and polychlorinated biphenyl landfill facilities should be detoxified as soon as it is technologically and economically feasible to do so.
The General Assembly further finds that while the foregoing findings, which were articulated in similar form in legislation enacted in 1981 and 1984, continue to hold true, circumstances have changed since that time which require adjustments in the State's hazardous waste management policy.  The General Assembly finds that the development of a full range of comprehensive hazardous waste treatment and disposal facilities in this and every state is neither environmentally nor economically sound.  The General Assembly finds that minimization, and wherever possible elimination, of hazardous waste generation, and hazardous waste reduction, recycling, and on-site treatment are preferable to off-site treatment and disposal.
The General Assembly of North Carolina finds that local governments have an important role in promoting public health and safety, encouraging planned and orderly land use development, and in providing services to meet the needs of educational and health institutions, business, and industry.  The General Assembly of North Carolina further finds that the reasonable concerns and reasonable decisions of local authorities should be considered in the siting, permitting, and operation of hazardous waste facilities. 
"§ 130B-4. Purpose.
It is the purpose of this Chapter to provide for the siting, construction, and operation of hazardous waste facilities to the end that hazardous waste may be treated or disposed of in the most cost-effective manner, while protecting public health and safety and the environment.  It is the purpose of this Chapter to provide a mechanism to assess the need for hazardous waste treatment and disposal in this State and in the region, to determine the scope and capacity of hazardous waste facilities needed in this State in order that North Carolina is in a position to assume its fair share in the management of hazardous waste and to cause to come into existence such facilities as are needed.  It is the purpose of this Chapter to encourage the development of hazardous waste facilities which are needed in this State through the efforts of private enterprise.  
Furthermore, it is the purpose of this Chapter to establish an effective and comprehensive policy of negotiation and arbitration between the applicant for a permit to operate a hazardous waste facility pursuant to this Chapter and a committee representing the affected local government(s)	to assure that:
(1)	The legitimate concerns of nearby residents and affected municipalities can be expressed in a public forum, negotiated and, if need be, arbitrated in a fair manner and reduced to a written document that is legally binding; and
(2)	Environmentally sound and economically viable hazardous waste facilities will be established.
"§ 130B-5. Need for facility to be determined.
(a)	No hazardous waste facility shall be established pursuant to this Chapter unless it is determined  that such facility is essential and is in the best interests of the State.  Such determination shall be based on a periodic review of current and projected hazardous waste generation from all sources within the State, the current and projected effect of efforts to minimize and reduce the generation of hazardous waste, the potential for further reductions in the generation of hazardous waste, current and projected availability and adequacy of facilities for the management of hazardous waste within and outside the State, whether and to what extent private enterprise will provide needed hazardous waste facilities, capacity assurance requirements under CERCLA/SARA, the extent to which agreements can be negotiated for the management of hazardous waste outside the State, and the extent to which the State should obligate itself to provide facilities for the management of hazardous waste generated outside the State.  The comprehensive waste management plan developed pursuant to G.S. 130A-294(i) shall be taken into consideration in making any determination under this subsection.  Such determination shall be made in writing and shall specify the functions, technologies, and design capacities of the hazardous waste facility to be established.
						(c) The Governor shall submit any interstate agreements for the management of hazardous waste to the General Assembly for its approval, and no interstate agreements for the management of hazardous waste shall be effective until approved by the General Assembly.
																																																	"§ 130B-8. Facility not subject to certain laws.
(a)	No contractor performing services shall be subject to the following provisions of the General Statutes:
(1)	Article 3 of Chapter 143 (Purchases and Contracts);
(2)	Article 3C of Chapter 143 (Contracts to Obtain Consultant Services);
(3)	Article 3D of Chapter 143 (Procurement of Architectural and Engineering Services);
(4)	Article 8 of Chapter 143 (Public Contracts);
(5)	Article 8B of Chapter 143 (State Building Commission);
(6)	G.S. 143-341 (Powers and Duties of the Department of Administration);
(7)	Chapter 146 (State Lands); and
(8)	Article 2 of Chapter 150B shall not apply to contractor selection or technology selection pursuant to G.S. 130B-13 and G.S. 130B-14.  Articles 3 and 3A of Chapter 150B shall not apply to final decisions regarding site selection, contractor selection or technology selection pursuant to G.S. 130B-11, 130B-13, and 130B-14.
	"§ 130B-9. Compliance with laws and rules relating to hazardous waste management and to protection of public health, safety, or the environment.
This Chapter shall not be construed as amending, repealing, or in any manner abridging or interfering with any law or rule relating to the management of hazardous waste or to protection of public health, safety, or the environment, nor shall the provisions of this Chapter be construed as being applicable to or in any way affecting the authority of State agencies and commissions to control hazardous waste or the discharge of environmental pollutants and wastes into the air, soil, or waters of the State.  Any person who operates any hazardous waste facility pursuant to this Chapter shall comply with all federal and State laws, including statutes, regulations, and rules, applicable to hazardous waste management and to protection of public health, safety, and the environment.  To the extent that an application for a permit for a hazardous waste facility and the review thereof provides the functional equivalent of the statement required by G.S. 113A-4(2), a separate statement under G.S. 113A-4(2) is not required. 
			"§ 130B-11.  Site selection.
(a)	Communities interested in hosting hazardous waste facilities shall be actively sought.  First priority shall be given to the evaluation of potential sites located in communities interested in hosting a hazardous waste facility.  Potential sites shall meet all applicable hazardous waste facility permit requirements and all minimum technical and other established requirements for facility siting.  However, with respect to any potential site located in a county interested in volunteering to host a facility, any site selection criteria may be waived only if such criteria relate solely to preferences in site location which are discretionary, if such waiver would not have a significant impact on the economic viability of the facility, and if such waiver would not adversely affect public health or safety or the environment.
(b)	Site selection procedures and criteria shall be specifically adapted to take into account the technologies and design capacities of each authorized hazardous waste facility.  Site selection procedures and criteria shall be developed with, and provide for, public participation; shall be incorporated into rules; shall include a written justification for each criterion; shall be consistent with all applicable federal and State law, including statutes, regulations and rules; shall be developed and revised in light of the best available scientific data; and shall be based on consideration of at least the following factors:
(1)	Hydrological and geological factors, including flood plains, depth to water table, groundwater travel time, soil pH, soil cation exchange capacity, soil composition and permeability, cavernous bedrock, seismic activity, slope, mines, and climate;
(2)	Environmental and public health factors, including air quality, quality of surface and groundwater, and proximity to public water supply watersheds;
(3)	Natural and cultural resources, including wetlands, gamelands, endangered species habitats, proximity to parks, forests, wilderness areas, nature preserves, and historic sites;
(4)	Local land uses;
(5)	Transportation factors, including proximity to waste generators, route safety, and method of transportation;
(6)	Aesthetic factors, including the visibility, appearance, and noise level of the facility;
(7)	Availability and reliability of public utilities; and
(8)	Availability of emergency response personnel and equipment.
(c)	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, preference shall be given 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, or on Indian reservations, or on land on which a hospital is located.
(c1)	With respect to any potential site located in a county interested in volunteering to host a facility, the site selection criteria set out in subdivisions (1) and (2) of subsection (c) of this section are discretionary in that they may be waived as provided in subsection (a) of this section.
(d)	A proposed schedule for evaluation and selection of the preferred and alternate sites for each authorized hazardous waste shall be developed.  The proposed site selection schedule shall provide for public education regarding the proposed facility and for public involvement in the site selection process.  Site selection schedules shall be submitted to the Governor for approval.
(e)	Suitable sites for evaluation shall be selected and the preferred site for each hazardous waste facility shall be selected in accordance with an adopted site selection schedule.  Proceedings to purchase or if necessary, condemn property for the site under the State's power of eminent domain shall be begun when a preferred site has been selected.  The procedure for condemnation shall be as set out in Article 9 of Chapter 136 of the General Statutes, except that the condemnor shall have the same rights, powers, duties, and responsibilities as are set out for the Department of Transportation.   The General Assembly finds that the protection of public health, safety, and welfare, including protection of the environment, requires that facilities for the management of hazardous waste be established.  The acquisition of real property for the management of hazardous waste is therefore declared to be for the use and benefit of the public, and to serve a public purpose.  Fee simple title to real property shall be vested in the condemnor.  The condemnor may substitute an alternate site for the preferred site in the event that it is determined that any permit or license necessary for the construction or operation of the proposed facility cannot be obtained if the facility is located at the preferred site.
(f)	No agency which has authority to issue any license or permit required for the construction or operation of the facility shall participate in the site selection process in any way that would result in an actual or apparent conflict of interest.
(g)	The Department may in its discretion contract for the services of independent, qualified consultants to assist in the development and implementation of procedures and criteria for site screening and selection.  Such consultants shall be eligible to subsequently design, construct, or operate a hazardous waste facility on behalf of the State.  
"§ 130B-12.  Annexation prohibited.
From the time a site is selected pursuant to G.S. 130B-11(d)	or from the time a county, by resolution of the board of county commissioners, proposes a specific site or area for a hazardous waste facility, notwithstanding the provisions of Article 4A of Chapter 160A, no city may annex the site or area except upon a valid petition signed by the State.  If a previously selected site or area is abandoned, then it shall once again be subject to annexation in accordance with Article 4A of Chapter 160A. 
"§ 130B-13. Facility construction and operation.
(a)	Qualified private contractors to construct and operate authorized hazardous waste shall be actively sought.  A contractor may both construct and operate a facility.
(b)	Qualified contractors to construct and operate each hazardous waste facility shall be selected and employed, or the State shall construct the facility itself and/or designate itself as the operator.
(c)	An agreement with each contractor for each hazardous waste facility shall be entered into and enforced which shall incorporate such terms and conditions as are determined to be necessary and consistent with the purposes of this Chapter.  Such agreement shall contain adequate assurances of contractor performance through the use of bonds, insurance, and shall require substantial compliance with all applicable federal and State law, including statutes, regulations, and rules.  An independent annual audit of the collection of all fees and other charges shall be conducted.
(d)	Advice and assistance of other State agencies or private consultants may be sought in selecting contractors.
(e)	Agreements with any contractor for a hazardous waste facility may be suspended or terminated for any breach thereof.  In the event of suspension or termination of an agreement, an interim or replacement contractor may be selected, or the State may operate the facility itself, to ensure that the facility is properly maintained and operated in compliance with all applicable federal and State laws, including statutes, rules, and regulations.
(f)	Any agreement with the operating contractor of each hazardous waste facility shall be periodically reviewed and amended to reflect necessary changes in fees or other charges, new environmental requirements, additional bonding or insurance requirements, or other alterations deemed necessary or appropriate. 
"§ 130B-14.  Technology, design capacity, and license application.
(a)	Upon approval of technologies and design capacities by the Department, in consultation with the applicable site designation review committee, the Department shall prepare, or direct the operator to prepare subject to its approval, detailed designs and specifications, operating procedures, safety plans, closure plans and other plans necessary for hazardous waste facilities operated pursuant to this Chapter.
(b)	Each operator of a hazardous waste facility established pursuant to this Chapter shall prepare and submit applications for all permits and licenses required for the facility to the appropriate regulatory agencies.
(c)	The Department is designated as the lead State agency for overall coordination of the review of the application process and ensuring that decisions by the affected State agencies are rendered in a timely manner. 
"§ 130B-15.  Facility closure; post-closure control.
(a)	The Department  shall enter into an agreement with the operator of each hazardous waste facility established under this Chapter for the safe and proper closure of the facility.
(b)	The Department shall, with the assistance of other State agencies and private consultants it deems necessary, approve the operator's site closure plan.  The Department may employ an independent contractor to do anything necessary to properly close a hazardous waste facility and to ensure that the site is stabilized.
(c)	The Department shall provide for such post-closure physical surveillance and environmental monitoring of each hazardous waste facility or facility site operated pursuant to this Chapter as may be required by by agreement with the host community.
(d)	The Department shall reimburse, or assure that the operator reimburses, appropriate State agencies for the costs of physical surveillance and environmental monitoring or other post-closure services rendered.
(e)	The Department shall provide through its own personnel, private contractors, cooperative agreement with other governmental agencies, or any combination thereof, any active maintenance or remedial actions that may be required.  Payment for the cost thereof shall be made from the Long-Term Care Fund established pursuant to G.S. 130B-16 [130B-17]. 
"§ 130B-16.  Fees.
(a)	It is the intent of the General Assembly that all costs associated with the development of hazardous waste facilities pursuant to this Chapter be borne by the waste generators served by such facilities.  The General Assembly recognizes that the extent to which costs can be passed to hazardous waste generators is determined in part by market forces, since hazardous waste facilities must operate in a competitive market.  In establishing and revising schedules of fees, the Department shall seek to secure the greatest possible revenue for the State and units of local government consistent with environmentally safe and economically sound facility operation.  In establishing and revising schedules of fees, the Department may seek to encourage reductions in the volume or quantity and toxicity of hazardous waste.  For facilities which it operates, the Department shall establish, and revise as necessary, schedules of fees and other charges, including user charges, penalties, and surcharges.  For facilities which are operated by private enterprise pursuant to this Chapter, the Department shall establish, and revise as necessary, schedules of franchise fees.  The terms and conditions under which facilities are operated by private enterprise pursuant to this Chapter shall be governed by appropriate contracts between the Department and the private operators.  Such contracts shall provide for the payment of franchise fees and for the periodic adjustment thereof. 
(b)	In establishing and revising schedules of fees the Department shall consider and shall seek to recover to the maximum extent possible, the following costs:
	(2)	Reimbursement of State agencies for costs incurred including the costs of any services performed pursuant to G.S. 130B-15;
(3)	Establishment and administration of the Long-Term Care Fund under G.S. 130B-17;
(4)	Repayment to the State with interest at rates which are equal to those set by the State Treasurer with respect to savings certificates and certificates of deposit, at the varying rates applicable for the period between expenditures and repayment, of all funds expended from the General Fund to develop hazardous waste facilities pursuant to this Chapter;
(5)	Funding of the State's share of the costs associated with any interstate agreement or compact for hazardous waste management to which the State may become a party;
(6)	Compensation of contractors and consultants employed by the Department;
(7)	Other expenses incurred by the State or its agencies in furtherance of the purposes of this Chapter; and
(8)	Compensation of any property owner for any loss in value of property directly resulting from the siting or operation of a hazardous waste facility.
(c)	In the event that revenues exceed all costs set out in subsection (b) of this section and all other costs and charges such excess funds shall be paid into the General Fund.  It is the intent of the General Assembly that such excess funds be appropriated for the following purposes:
(1)	Funding of a portion of the State's share of the costs for remediation of inactive hazardous sites under Part 3 of Article 9 of Chapter 130A of the General Statutes and under CERCLA/SARA; and
(2)	Funding of a portion of the cost of the Pollution Prevention Pays Program, the waste minimization program administered by the Technical Assistance and Support Unit of the Solid Waste Management Division of the Department, other programs which foster multimedia waste prevention, reduction, reuse, and recycling, and programs which provide assistance to small quantity generators.
(d)	The Department shall prepare, on a quarterly basis, a detailed financial statement showing its current fee schedules, income from all sources, indebtedness, and expenses for the quarter and fiscal year to date.  This statementshall be submitted to the chairmen of the House and Senate committees on Finance and Appropriations, the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, the Research Division, and the Fiscal Research Division of the General Assembly.
(e)	An operator of a hazardous waste facility may serve as the collection agent for the State, in which case, funds collected by the operator shall be transferred on a timely basis to the State Treasurer.
(f)	All accounts shall be audited pursuant to the provisions of Article 5A of Chapter 147 of the General Statutes.
"§ 130B-17.  Long-Term Care Fund.
(a)	For hazardous waste facilities owned or operated in this State, there is hereby established a nonreverting Long-Term Care Fund, to be administered by the State Treasurer, which may be used for:
(1)	Administration of the Fund;
(2)	Emergency response and decontamination at hazardous waste facilities; or
(3)	Post-closure physical surveillance, environmental monitoring, maintenance, care, custody, and remedial action at hazardous waste facility site(s).
(b)	The Long-Term Care Fund shall be treated as a special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3.
(c)	In addition to any money that may be appropriated or otherwise made available to it, the Fund may be maintained by fees and other charges including user charges, penalties, surcharges, or other money paid to or recovered by or on behalf of the Department under the provisions of this Chapter.  Fees and other charges shall at all times be sufficient to build and maintain the Fund balance at a level determined by the Department, with the concurrence of the Commission for Health Services, to be adequate for the purposes stated in this section.
(d)	The establishment of this Fund shall in no way be construed to relieve or reduce the liability of any facility operator, contractor, or other person for damages resulting from the operation of a hazardous waste facility. 
"§ 130B-18.  Taxes; other compensation to the State and local governments.
(a)	Hazardous waste facilities or portions of such facilities shall be exempt from ad valorem property taxes; provided however, that in lieu of such property taxes the operator shall pay to any governmental body authorized to levy such property taxes the amount that would be assessed as taxes on real and personal property of such facilities if such facilities were otherwise subject to valuation and assessment by local taxing unit.  In addition, the operator shall reimburse the county, city, or other local taxing unit for the loss of ad valorem property tax revenues from any property located on any parcel or tract that abuts the property upon which such facilities are located and which is shown to have diminished in value as the direct result of the siting and operation of such facilities.  Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as in the case of taxes on other property.  Payments in lieu of taxes made hereunder shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.  
(b)	Except as authorized in G.S. 153A-152.1, G.S. 160A-211.1 and this Chapter, no county, city, or other local taxing unit may impose any tax, fee, assessment, or levy of any kind or description upon the operator of a hazardous waste facility or any portion thereof.   Any hazardous waste facility or portion thereof which is separately taxable may be taxed on the same basis as any other property.  To the extent that any law, ordinance, or portion thereof is in conflict with this subsection, such law, ordinance, or portion thereof is hereby invalidated.
(c)	The Department shall collect and deposit with the State Treasurer, on behalf of local governments where hazardous waste facilities are located pursuant to this Chapter, a tax on the gross receipts of each such facility in the amount of two and one-half percent (2.5%) of the gross receipts of such facility per annum, to be distributed to local governments as the General Assembly shall provide.  The Department shall develop and recommend to the General Assembly a proposed revenue package and revenue distribution formula which the General Assembly shall consider in providing for distribution of this tax and such other revenues as may be collected. 
"§ 130B-19.  Site designation review committees.
(a)	The board of commissioners of each county in which there is located a site identified for evaluation pursuant to G.S. 130B-11(d) may appoint a site designation review committee for a hazardous waste facility.  The committee shall consist of 11 members representing, insofar as possible, local government, environmental, health, engineering, business and industry, academic, public interest, and emergency response groups.  The committee shall elect a chairman, vice-chairman, and a secretary.  Vacancies shall be filled by the county board of commissioners using the same criteria employed in the original appointment.  Members shall be reimbursed by the committee for reasonable and necessary expenses incurred in connection with their duties.  The county shall provide the committee with necessary support staff.
(b)	The committee shall advise the county board of commissioners on matters relating to the siting of a hazardous waste facility.
(c)	All site designation review committees shall terminate upon the designation of the preferred site.
(d)	Subject to appropriation by the General Assembly, the Board may provide technical assistance grants of up to fifty thousand dollars ($50,000) to each site designation review committee.  In the event that a proposed site is located in more than one county, or that one or more site designation review committees are appointed pursuant to subsection (h) of this section, the Board may provide technical grants to a site designation review committee in each county, provided that the maximum amount the Board may grant to all site designation review committees for a particular site is seventy-five thousand dollars ($75,000).
(e)	Grant funds may be used by the committee to:
(1)	Collect information on site suitability;
(2)	Monitor the site evaluation and site selection process;
(3)	Conduct socioeconomic and environmental assessments of the proposed facility;
(4)	Participate in any meetings, hearings, or other events related to the site selection process;
(5)	Study the cost and benefits of the facility being located at the site under consideration; and
(6)	Reimburse members for their expenses as provided in subsection (a) of this section.
(f)	Any reviews or studies funded with grant monies shall be completed prior to the date set by the Department for nomination of a preferred site.
(g)	The Department shall consider in its  decision-making process recommendations or other information of the site designation review committee as may be transmitted to the Department by the county board of commissioners.
(h)	A site designation review committee may also be appointed as provided by this section by the board of commissioners of any county whenever the board of commissioners determines that the county may be affected by the siting of a hazardous waste facility in another county.
(i)	No grant funds shall be used for litigation expenses.  Each site designation review committee shall properly account for all funds.  Unexpended funds shall revert to the Board, and at the end of the biennium shall revert to the General Fund. 
"§ 130B-20.  Preferred site local advisory committees.
(a)	Upon designation of a preferred site for a hazardous waste facility pursuant to G.S. 130B-11(d) the board of commissioners of each county within whose jurisdiction the site is located may appoint a preferred site local advisory committee.  The committee shall consist of 11 members representing insofar as possible local government, environmental, health, engineering, business and industry, academic, public interest, and emergency response groups. The committee shall elect a chairman, vice-chairman, and a secretary.  Vacancies shall be filled by the county board of commissioners using the same criteria employed in the original appointment.  Members shall be reimbursed by the committee for reasonable and necessary expenses incurred in connection with their duties. The county shall provide the committee with necessary support staff.
(b)	The preferred site local advisory committee may:
(1)	Study the costs and benefits associated with the proposed facility;
(2)	Review all permit and license applications and related documents concerning the proposed facility;
(3)	Hire program, technical, and legal consultants to assist in the review process;
(4)	Collect and review information required for issuance of a special or conditional use zoning permit;
(5)	Assess the potential local environmental and socioeconomic impacts of the proposed facility;
(6)	Promote public education, information, and participation in the permitting process;
(7)	Develop and propose agreements between the hazardous waste facility operator, local governments, and other persons;
(8)	Develop and present recommendations concerning permit conditions, operational requirements, compensation, and incentives related to the proposed facility;
(9)	Hire a mediator to facilitate negotiations among the hazardous waste facility operator, local governments, and other persons; and
(10)	Reimburse committee members for reasonable and necessary expenses.
(c)	An applicant for a permit to operate a hazardous waste facility pursuant to this Chapter shall pay a one-time local application fee of one hundred thousand dollars ($100,000) to the Board.  The Board shall distribute not less than sixty-five thousand dollars ($65,000) of the local application fee to the county or counties where the site of the proposed facility is located.  If the site lies in more than one county, the local application fee will be distributed to the counties in which the site is located in equal amounts.  If the board of commissioners appoints a preferred site local advisory committee the local application fee shall be used to support the work of the committee.
(d)	A preferred site local advisory committee may also be appointed as provided by this section by the board of commissioners of any county whenever the board of commissioners determines that the county may be affected by the siting of a hazardous waste facility in another county.  If a preferred site local advisory committee is appointed pursuant to this subsection, the committee may apply to the Board for a portion of the local application fee to support the work of the committee.  The Board may allocate up to twenty-five thousand dollars ($25,000) to each preferred site local advisory committee appointed pursuant to this subsection, provided that the maximum amount that the Board may allocate to all preferred site local advisory committees appointed pursuant to this subsection for a particular site is thirty-five thousand dollars ($35,000).  The  Board shall base allocations under this subsection on the likelihood that the proposed hazardous waste facility will have a significant effect in the county, taking distance to the facility and other factors into account.  Decisions of the Board regarding allocations under this subsection are final.  Any portion of the local application fee which is not allocated by the Board under this subsection shall be distributed by the Board to the county or counties where the site of the proposed facility is located as provided in subsection (c) of this section.
(e)	Each preferred site local advisory committee shall properly account for all funds.  Any unexpended funds shall revert to the general fund of the county which appointed the preferred site local advisory committee.  No portion of the local application fee shall be used to finance litigation expenses. 
"§ 130B-21.  Negotiation, mediation, and arbitration.
(a)	Any local government in the county or counties where a hazardous waste facility is proposed to be located pursuant to this Chapter may negotiate with the Department with respect to any issue relating to the facility except:
(1)	The need for the facility;
(2)	Any proposal to reduce the duties of the Department under this Chapter or under any permit or license issued for the facility;
	(3)	Any proposal to reduce the duties of the Commission for Health Services or the Department, or to make less stringent any rule of the Commission for Health Services;
(4)	Any proposal to reduce the duties of the Board, or;
		(6)	Any decision regarding site selection, contractor selection, or technology pursuant to G.S. 130B-11, 130B-13, and 130B-14.
(b)	The State shall negotiate in good faith with any local government in the county or counties where a hazardous waste facility is proposed to be located.  A local government may designate itself or any other person to negotiate on its behalf.
(c)	Negotiations may be conducted with the assistance of a mediator if mediation is requested by both the State and a local government.  The function of the mediator is to encourage a voluntary settlement of unresolved negotiable issues.  The Board shall provide the State and the local government with the names and qualifications of persons willing to serve as mediators.  If the State and a local government cannot agree on the selection of a mediator, the State and the local government may request the Board to appoint a mediator.
(d)	If the State and a local government have not reached agreement on all issues by negotiation within six months after selection of the preferred site pursuant to G.S. 130B-11(d), the following issues may be submitted to arbitration pursuant to the provisions of Article 45A of Chapter 1 of the General Statutes (Uniform Arbitration Act):
(1)	Compensation to any local government for substantial economic impacts which are a direct result of the siting and operation of a hazardous waste facility and for which adequate compensation is not otherwise provided;
(2)	Reimbursement of reasonable costs incurred by the local government relating to negotiation, mediation and arbitration activities under this section;
(3)	Screening, fencing, and other matters related to the appearance of a facility;
(4)	Operational concerns other than design capacity and regulatory issues;
(5)	Traffic flows and patterns which result from the operation of a facility;
(6)	Uses of the site where a facility is located after the facility is closed;
(7)	The applicability or nonapplicability of any local ordinance;
(8)	Emergency response capabilities, including training and resources;
(9)	Access to facility records and monitoring data; and
(10)	Ongoing health surveys of persons living in the area around the facility.
(e)	In addition to those issues set out in subsection (d), upon petition to the Board by a local government in the county or counties where a hazardous waste facility is proposed to be located, any other issue may be submitted for arbitration except:
(1)	Those issues excluded from negotiation under subsection (a) of this section;
(2)	Any issue relating to the imposition by the General Assembly of a tax, or the imposition of a fee not authorized by this Chapter; and
(3)	Any issue requiring an appropriation by the General Assembly.
(f)	The Board shall serve as the arbitrator of any issue submitted for arbitration under this section. 
"§ 130B-22.  Inter-Agency Committee on Hazardous Waste.
(a)	To advise the General Assembly, there is created the Inter-Agency Committee on Hazardous Waste (herein called the 'Committee').  The members shall be:  the Chairman of the Board; the Chairman of the Board's Technical Committee on Hazardous Waste; the Director of the Solid Waste Management Division of the Department or his designee; the Chief of the Hazardous Waste Management Section of the Solid Waste Management Division or his designee; one additional representative of the Solid Waste Management Division with expertise in CERCLA/SARA capacity assurance requirements appointed by the Director of the Division; the Director of the Pollution Prevention Pays Program; four representatives of the Department of Environment, Health, and Natural Resources with expertise in geology, groundwater, water quality, and air quality; and a representative of the Attorney General's office who provides legal services to the Solid Waste Management Division designated by the Director of the Solid Waste Management Division with the approval of the Attorney General.  The Chairman of the Board shall serve as the Chairman of the Committee, and the Board shall provide professional and clerical support to the Committee.
(b)	The purpose of the Committee is to share information and coordinate efforts in the siting, design, financing, permitting, construction, and operation of hazardous waste facilities.
(c)	The Committee shall report to the Governor, the General Assembly, and the Research and Fiscal Research Divisions of the General Assembly from time to time regarding any changes in the present law it may deem appropriate to expedite siting, design, financing, permitting, construction, and operation of hazardous waste facilities.  Such reports shall not be subject to review by the departments, agencies, boards, or commissions from whose membership the Committee is drawn.  Notwithstanding any rule or resolution to the contrary, proposed legislation to implement any recommendation made by the Committee may be introduced and considered during any session of the General Assembly.
(d)	Consistent with existing law, each department, agency, board, or commission from whose membership the Committee is drawn shall be responsible for any expenses incident to the participation of its members in the work of the Committee, including per diem, travel, and subsistence, from funds otherwise appropriated to it. 
"§ 130B-23. Volunteer host counties.
(a)	A county which wishes to volunteer to host a hazardous waste facility to be operated pursuant to this Chapter may propose to do so by the adoption of a resolution by a majority vote of the board of commissioners.  The Department shall determine the adequacy of any proposal to voluntarily host a hazardous waste facility and must accept such proposal before any funds which may be appropriated for the benefit of volunteer host counties may be disbursed.  Once a proposal to volunteer to host a hazardous waste facility has been accepted by the Department, the resolution making such proposal may not be rescinded by the board of commissioners.
(b)	A board of commissioners shall hold a minimum of two public hearings regarding any proposal to volunteer to host a hazardous waste facility pursuant to this Chapter.  The last such hearing shall be held not less than 30 days following the first such hearing.  Notice of each hearing shall be given as provided in G.S. 143-318.12(b)(2). 
"§ 130B-24.  Approval of Entry into Expanded SARA Capacity Assurance Regional Agreement.
(a)	As used in this section, the terms 'hazardous waste' and 'CERCLA/SARA' have the same meaning as set out in G.S. 130A-290.
(b)	Pursuant to the provisions of G.S. 130B-5(c), the General Assembly hereby approves entry by the Governor into an interstate agreement for the management of hazardous waste as set out in the document entitled 'Expansion of the SARA Capacity Assurance Regional Agreement' and attachments as filed with the Department of the Secretary of State on 5 December 1989, which document and attachments are incorporated into this section by reference."
Sec. 2.  All rights and properties formerly attributed to the Commission shall pass to and be vested in the State.
Sec. 3.  This act is effective upon ratification.