GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	3 

SENATE BILL 433
Finance Committee Substitute Adopted 6/20/91
Third Edition Engrossed 7/1/91

Short Title:  Local Solid Waste Fees/Caswell Ref.	(Local)
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Sponsors:
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Referred to:  
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April 1, 1991

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE CHATHAM, NASH, PITT, SWAIN, GRAHAM, AND CLAY COUNTIES TO IMPOSE AN AVAILABILITY FEE FOR SOLID WASTE DISPOSAL FACILITIES AND TO BILL AND COLLECT THE FEE IN THE SAME MANNER AS PROPERTY TAXES AND TO AUTHORIZE CASWELL COUNTY TO HOLD A REFERENDUM ON LONG-TERM SOLID WASTE OPTIONS.
The General Assembly of North Carolina enacts:
Section 1.  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 garbage, refuse, and 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, 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 garbage, refuse, and 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 garbage, refuse, and 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.  The fee for use may not exceed the cost of operating 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.  A fee for availability may not exceed the cost of providing the facility and may be imposed on all property in the county that benefits from the availability of the facility.  Property served by a private contractor who disposes of garbage, refuse, and 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.
(b1)	Fees established pursuant to subsection (b) of this section may only be imposed on those who use the facility.
(c)	The board of county commissioners may use any vacant land owned by the county for the site of a disposal facility.  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.
		."
Sec. 2.  G.S. 153A-293 reads as rewritten:
"§ 153A-293.  Collection of fees 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. 3.  The Caswell County Board of Commissioners may direct the County Board of Elections to hold a referendum, in accordance with the procedures set forth in Chapter 163 of the General Statutes, for the purpose of submitting to the registered voters of Caswell County several options for satisfying the long-term solid waste disposal needs of Caswell County, as a mechanism for receiving information about the desires of the Caswell County citizens regarding the options.  The questions placed on the ballot shall be in a form approved by the Caswell County Attorney.  The results of the referendum shall be for informational use by the Caswell County Board of Commissioners and shall not bind the discretion of the Caswell County Board of Commissioners.
Sec. 4.  Sections 1 and 2 of this act apply to Chatham, Nash, Swain, Graham, Clay, and Pitt Counties only; provided, however, subsection (b1) of Section 1 of this act does not apply to Pitt County.
Sec. 5.  This act is effective upon ratification and applies to fees imposed on or after July 1, 1991.