GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 608

Short Title:  County Permits for Haz. Waste.	(Public)
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Sponsors: Senator Johnson.
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Referred to:  Environment and Natural Resources.
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April 15, 1991

A BILL TO BE ENTITLED
AN ACT TO AUTHORIZE A COUNTY TO ENACT AN ORDINANCE THAT: (1)  REQUIRES EACH BUSINESS AND ENTERPRISE THAT GENERATES, PROCESSES, HANDLES, OR STORES HAZARDOUS MATERIALS TO SECURE A PERMIT; AND (2)  IMPOSES A FEE FOR SUCH PERMIT TO BE USED FOR HAZARDOUS MATERIAL EMERGENCY RESPONSE SERVICES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 153A-136(a) reads as rewritten:
"(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.
(a)	Require each business and enterprise that generates, processes, handles, or stores on-site hazardous materials or substances which must be reported under:
a.	Article 18 of Chapter 95 of the General Statutes; or
b.	Title III of the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499, 100 Stat. 1613,
	to secure a permit from the county.  A fee may be charged for a permit.  A county may use such fees for hazardous material emergency response.
(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 seven 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."
Sec. 2.  This act is effective upon ratification.