GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	4 

HOUSE BILL 985*
Second Edition Engrossed 5/15/91
Committee Substitute Favorable 6/13/91
Senate Local Government and Regional Affairs Committee Substitute Adopted 7/3/91

Short Title:  City Garbage Service/Local Authority.	(Public)
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Sponsors:
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Referred to:  
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April 19, 1991

A BILL TO BE ENTITLED
AN ACT TO CLARIFY A CITY'S AUTHORITY TO REQUIRE PARTICIPATION IN ANY SOLID WASTE COLLECTION SERVICES PROVIDED BY THE CITY, TO AUTHORIZE THE CITY OF STATESVILLE TO EXEMPT CERTAIN PROPERTY FROM ASSESSMENTS, AND TO AUTHORIZE CLEVELAND, GASTON, IREDELL, LINCOLN, AND RUTHERFORD COUNTIES TO IMPOSE AN AVAILABILITY FEE FOR SOLID WASTE DISPOSAL FACILITIES AND COLLECT A SOLID WASTE USER FEE OR AVAILABILITY FEE IN THE SAME MANNER AS PROPERTY TAXES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 160A-192 is repealed.
Sec. 2.  G.S. 160A-317 reads as rewritten:
"§ 160A-317.  Power to require connections to water or sewer service and to use solid waste collection services.
(a)	Connections. – A city may require an owner of improved property located within the city limits and upon or within a reasonable distance of any water line or sewer collection line owned or leased and operated by the city to connect the owner's premises with the water or sewer line or both, and may fix charges for the connections.  In lieu of requiring connection under this subsection and in order to avoid hardship, the city may require payment of a periodic availability charge, not to exceed the minimum periodic service charge for properties that are connected.
(b)	Solid Waste. – A city may require an owner of improved property to do any of the following:
(1)	Place solid waste in specified places or receptacles for the convenience of city collection and disposal.
(2)	Separate materials from solid waste before the solid waste is collected.
(3)	Participate in a recycling program approved by the Council.
(4) Participate in any solid waste collection service provided by the city or by a person who has a contract with the city if the owner or occupant of the property has not otherwise contracted for the collection of solid waste from the property.
A city may impose a fee on those who are required to participate in a solid waste collection service under subdivision (4).  The fee imposed must be the same amount as a fee that is imposed on those who choose to participate in the service."
Sec. 3.  The City of Statesville may exempt from special assessments levied under Article 10 of Chapter 160A of the General Statutes for the construction of water lines, any property within the area annexed by the City of Statesville by Ordinance No. 22-90 adopted May 21, 1990, if the property, on the effective date of the annexation ordinance (June 30, 1990), was situated adjacent to the water lines of the Iredell Water Corporation, Piedmont Water Corporation, or to existing water lines of the City of Statesville.
Sec. 4.  G.S. 153A-292 reads as rewritten:
"§ 153A-292.  County collection and disposal facilities.
(a)	The board of county commissioners of any county may establish and operate solid waste collection and disposal facilities in areas outside the corporate limits of a city.  The board may by ordinance regulate the use of a disposal facility provided by the county, the nature of the solid wastes disposed of in a facility, and the method of disposal.  The board may contract with any city, individual, or privately owned corporation to collect and dispose of solid waste in the area.  Counties and cities may establish and operate joint collection and disposal facilities.  A joint agreement shall be in writing and executed by the governing bodies of the participating units of local government.
(b)	The board of county commissioners may impose a fee for the collection of solid waste.  The fee may not exceed the costs of collection.
The board of county commissioners may impose a fee for the use of a disposal facility provided by the county.  The fee for use may not exceed the cost of operating the facility and may be imposed only on those who use the facility.  A county may not impose a fee for the use of a disposal facility on a city located in the county or a contractor or resident of the city unless the fee is based on a schedule that applies uniformly throughout the county.
The board of county commissioners may impose a fee for the availability of a disposal facility provided by the county.  A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the county that benefits from the availability of the facility.  A county may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the county.  Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor is not considered to benefit from a disposal facility provided by the county and is not subject to a fee imposed by the county for the availability of a disposal facility provided by the county.
In determining the costs of providing and operating a disposal facility, a county may consider solid waste management costs incidental to a county's handling and disposal of solid waste at its disposal facility.  A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the county.
(c)	The board of county commissioners may use any suitable vacant land owned by the county for the site of a disposal facility, subject to the permit requirements of Article 9 of Chapter 130A of the General Statutes.  If the county does not own suitable vacant land for a disposal facility, it may acquire suitable land by purchase or condemnation.  The board may erect a gate across a highway that leads directly to a disposal facility operated by the county.  The gate may be erected at or in close proximity to the boundary of the disposal facility.  The county shall pay the cost of erecting and maintaining the gate.
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Sec. 5.  G.S. 153A-293 reads as rewritten:
"§ 153A-293.  Collection of fees in certain counties.
(a)	A county may provide that any fee imposed under G.S. 153A-292 may be billed with the ad valorem taxes, may be payable in the same manner as ad valorem taxes, and, in the case of nonpayment, may result in the imposition of a lien on the property owner's real property in the same manner as ad valorem taxes.
(b)	This section applies to Alleghany, Anson, Ashe, Burke, Caswell, Duplin, Lee, Lenoir, Montgomery, Polk, Richmond, Robeson, Transylvania, Washington, Watauga, and Wayne Counties only."
Sec. 6.  Part 3 of Article 15 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-294.  Collection of fees in certain other counties for solid waste disposal facilities and solid waste collection services.
  A county may adopt an ordinance providing that any fee imposed under G.S. 153A-292 may be billed with property taxes, may be payable in the same manner as property taxes, and, in the case of nonpayment, may be collected in any manner by which delinquent personal or real property taxes can be collected.  If an ordinance states that delinquent fees can be collected in the same manner as delinquent real property taxes, the fees are a lien on the real property described on the bill that includes the fee."
Sec. 7.  Section 3 of this act applies to the City of Statesville only.
Sec. 8.  Section 5 of this act applies to Gaston and Cleveland Counties only.
Sec. 9.  Sections 4 and 6 of this act apply to Cleveland, Gaston, Iredell, Lincoln, and Rutherford Counties only.
Sec. 10.  This act is effective upon ratification.