GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	5 

SENATE BILL 1159
Environment and Natural Resources Committee Substitute Adopted 6/15/92
Environment and Natural Resources Committee Substitute #2 Adopted 6/29/92
Fourth Edition Engrossed 6/30/92
House Committee Substitute Favorable 7/9/92

Short Title:  Local Govt. Solid Waste Amends.	(Public)
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Sponsors:
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Referred to:  
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June 3, 1992

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE REQUIREMENT THAT LONG-TERM CONTRACTS ENTERED INTO BY LOCAL GOVERNMENTS FOR THE COLLECTION OR DISPOSAL OF NONHAZARDOUS SOLID WASTE MUST BE APPROVED BY THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES, TO ESTABLISH A UNIFORM MAXIMUM DURATION OF SUCH CONTRACTS, TO ALLOW ALL LOCAL GOVERNMENTS TO ENTER INTO SUCH CONTRACTS, AND TO PROVIDE FOR PARTIAL CREDIT TOWARD THE STATE NONHAZARDOUS MUNICIPAL SOLID WASTE REDUCTION GOAL FOR NONHAZARDOUS MUNICIPAL SOLID WASTE THAT IS CONVERTED INTO TIRE-DERIVED FUEL OR REFUSE-DERIVED FUEL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 153A-136 reads as rewritten:
"§ 153A-136.  Regulation of solid wastes.
(a)	A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes.  Such an ordinance may:
(1)	Regulate the activities of persons, firms, and corporations, both public and private.
(2)	Require each person wishing to commercially collect or dispose of solid wastes to secure a license from the county and prohibit any person from commercially collecting or disposing of solid wastes without a license.  A fee may be charged for a license.
(3)	Grant a franchise to one or more persons for the exclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area.  The board of commissioners may set the terms of any franchise, except that no franchise may be granted for a period exceeding 30 years, nor may any franchise by its terms impair the authority of the board of commissioners to regulate fees as authorized by this section.
(4)	Regulate the fees, if any, that may be charged by licensed or franchised persons for collecting or disposing of solid wastes.
(5)	Require the source separation of materials from solid waste prior to collection of the solid waste for disposal.
(6)	Require participation in a recycling program which has been approved by the board of commissioners.
	(7)	Include any other proper matter.
(b)	Any ordinance adopted pursuant to this section shall be consistent with and supplementary to any rules adopted by the Commission for Health Services or the Department of Environment, Health, and Natural Resources.
(c)	As used in this section, ‘solid waste' means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A-290 but not including hazardous waste."
Sec. 2.  G.S. 160A-319 reads as rewritten:
"§ 160A-319. Utility franchises.
(a)	A city shall have authority to grant upon reasonable terms franchises for the operation within the city of any of the enterprises listed in G.S. 160A-311 and for the operation of telephone systems. No franchise shall be granted for a period of more than 60 years, except that a franchise for solid waste collection or disposal systems and facilities shall not be granted for a period of more than 30 years and cable television franchises shall not be granted for a period of more than 20 years. Except as otherwise provided by law, when a city operates an enterprise, or upon granting a franchise, a city may by ordinance make it unlawful to operate an enterprise without a franchise.
(b)	For the purposes of this section, ‘cable television system' means any system or facility that, by means of a master antenna and wires or cables, or by wires or cables alone, receives, amplifies, modifies, transmits, or distributes any television, radio, or electronic signal, audio or video or both, to subscribing members of the public for compensation. ‘Cable television system' does not include providing master antenna services only to property owned or leased by the same person, firm, or corporation, nor communication services rendered to a cable television system by a public utility that is regulated by the North Carolina Utilities Commission or the Federal Communications Commission in providing those services."
Sec. 3.  Part 1 of Article 16 of Chapter 160A of the General Statutes is amended by adding a new section to read:
"§ 160A-325.  Solid waste defined.
As used in this Part, ‘solid waste' means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A-290 but not including hazardous waste."
Sec. 4.  Part 3 of Article 15 of Chapter 153A of the General Statutes is amended by adding a new section to read:
"§ 153A-294. Solid waste defined.
As used in this Article, ‘solid waste' means nonhazardous solid waste, that is, solid waste as defined in G.S. 130A-290 but not including hazardous waste."
Sec. 5.  Part 4 of Article 15 of Chapter 153A, as amended by Chapters 763, 773, and 775 of the 1991 Session Laws (1992 Regular Session), is repealed.
Sec. 6.  Any contract for solid waste collection or disposal entered into by any county, city, or town that would have been lawful if this act had been in effect at the time the contract was entered into is validated.  The provisions of this act that limit a contract or franchise for the collection and disposal of solid waste to a period of not more than 30 years shall not be construed to invalidate any contract or franchise for a longer period up to 60 years that was entered into by any county, city, or town prior to the date this act is effective.
Sec. 7.  G.S. 130A-309.04 reads as rewritten:
"§ 130A-309.04.  State solid waste management policy and goals.
(a)	It is the policy of the State to promote methods of solid waste management that are alternatives to disposal in landfills and to assist units of local government with solid waste management.  In furtherance of this State policy, there is established a hierarchy of methods of managing solid waste, in descending order of preference:
(1)	Waste reduction at the source;
(2)	Recycling and reuse;
(3)	Composting;
(4)	Incineration with energy production;
(5)	Incineration for volume reduction;
(6)	Disposal in landfills.
(b)	It is the policy of the State to encourage research into innovative solid waste management methods and products and to encourage regional solid waste management projects.
(c)	It is the goal of this State to reduce the municipal solid waste stream, primarily through source reduction, reuse, recycling, and composting, on a per capita basis, on the following schedule:
(1)	Twenty-five percent (25%) by 30 June 1993.
(2)	Forty percent (40%) by 30 June 2001.
(c1)	To measure progress toward the municipal solid waste reduction goals in a given year, comparison shall be made between the amount by weight of the municipal solid waste that, during the baseline year and the given year, is received at municipal solid waste management facilities and is:
(1) 	Disposed of in a landfill;
(2) 	Incinerated;
(3) 	Converted to tire-derived fuel; or
(4) 	Converted to refuse-derived fuel.
(c2)	Comparison shall be between baseline and given years beginning on 1 July and ending on 30 June of the following year.  The baseline year shall be the year beginning 1 July 1991 and ending 30 June 1992.  However, a unit of local government may use an earlier baseline year if it demonstrates to the satisfaction of the Department that it has sufficient data to support the use of the earlier baseline year.
(c3)	If a unit of local government is unable to meet the municipal solid waste reduction goal established in subdivision (2) of subsection (c) of the this section and demonstrates to the satisfaction of the Department that it has considered all reasonably available options to reduce its municipal solid waste stream and that it has made a good faith effort to meet the goal, for the purpose of calculating progress of the unit of local government toward the goal, ten percent (10%) of the amount by weight of the municipal solid waste stream that is converted to tire-derived fuel or refuse-derived fuel may be added to the amount that is diverted from the municipal solid waste stream through source reduction, reuse, recycling, and composting.
(d)	In furtherance of the State's solid waste management policy, each State agency shall develop a solid waste management plan which is consistent with the solid waste management policy of the State.
(e)	Each county, either individually or in cooperation with others, shall, in cooperation with its municipalities, develop a comprehensive county solid waste management plan and submit the plan to the Department for approval.  County solid waste management plans shall be updated and submitted for approval at least once every two years.  A county solid waste management plan shall be consistent with the State's comprehensive solid waste plan.  In counties where a municipality operates the major solid waste disposal facility, the comprehensive solid waste plan may be prepared by the municipality, with the approval of the county and in cooperation with the other municipalities.  Each county's comprehensive solid waste management plan shall include provisions which address the State's waste reduction goals.  Each county's plan shall take into consideration facilities and other resources for management of solid waste which may be available through private enterprise.  This section shall be construed to encourage the involvement and participation of private enterprise in solid waste management.  The Department shall develop a form designed to elicit pertinent information regarding a county's solid waste management plan.  The Department shall provide assistance in the preparation of county plans upon request.
(f)	Any unit of local government that does not participate in a county solid waste management plan shall prepare a plan in accordance with the provisions of subsection (e) of this section."
Sec. 8.  This act is effective upon ratification.