GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 82*

Short Title:  Local Ordinances That Require Recycling.   	(Public)
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Sponsors: Representatives DeVane, R. Thompson, Barnhill, Bowen, Hightower; Smith and Wright.
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Referred to:  Environment.
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February 9, 1993

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THE AUTHORITY THAT A COUNTY OR CITY HAS TO REQUIRE PARTICIPATION IN A RECYCLING PROGRAM.
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.
(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 prior to collection of solid waste for disposal.
(6)	Require participation in a recycling program by requiring separation of designated materials by the owner prior to disposal.  If any of these materials are placed in receptacles or delivered to specific locations and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee.
	(7)	Include any other proper matter."
Sec. 2.  G.S. 160A-317(b) reads as rewritten:
"(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 before the solid waste is collected.
(3)	Participate in a recycling program by requiring separation of designated materials by the owner prior to disposal.  If any of these materials are placed in receptacles or delivered to specific locations and facilities that are owned or operated by the city or its designee, then ownership of these materials is transferred to the city or its designee.
(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.
(c)	A city may impose a fee for the solid waste collection service provided under subdivision (4) of subsection (b) of this section.  The fee may not exceed the costs of collection."
Sec. 3.  This act is effective upon ratification and does not apply to any contracts in existence at that time or to any extensions or renewals thereof.