GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 501
HOUSE BILL 976

AN ACT TO REORGANIZE AND TRANSFER THE GOVERNOR'S WASTE MANAGEMENT BOARD TO THE OFFICE OF ENVIRONMENTAL EDUCATION, TO MAKE CONFORMING CHANGES, AND TO CREATE THE POLLUTION PREVENTION ADVISORY COUNCIL.

The General Assembly of North Carolina enacts:

Section 1.  Part 4A of Article 7 of Chapter 143B of the General Statutes is repealed.
Sec. 2.  G.S. 7A-29 reads as rewritten:
"§ 7A-29. (See Note) Appeals of right from certain administrative agencies.
(a)	From any final order or decision of the North Carolina Utilities Commission not governed by subsection (b) of this section, the Department of Human Resources under G.S. 131E-188(b), the Commissioner of Banks under Articles 17, 18, 18A, and 21 of Chapter 53 of the General Statutes, the Administrator of Savings and Loans under Article 3A of Chapter 54B of the General Statutes, the North Carolina Industrial Commission, the North Carolina State Bar under G.S. 84-28, the Property Tax Commission under G.S. 105-290 and G.S. 105-342, the Commissioner of Insurance under G.S. 58-2-80, or the Secretary of Environment, Health, and Natural Resources under G.S. 104E-6.2, appeal as of right lies directly to the Court of Appeals."
Sec. 2.1.  G.S. 104E-5 is amended by adding a new subdivision to read:
"(14b)	'Secretary' means the Secretary of the Department of Environment, Health, and Natural Resources."
Sec. 3.  G.S. 104E-6.2 reads as rewritten:
"§ 104E-6.2.  Local ordinances prohibiting low-level radioactive waste facilities invalid; petition to preempt local ordinance.
(a)	It is the intent of the General Assembly to maintain a uniform system for the management of low-level radioactive waste and to place limitations upon the exercise by all units of local government in North Carolina of the power to regulate the management of low-level radioactive waste by means of special, local, or private acts or resolutions, ordinances, property restrictions, zoning regulations, or otherwise.  Notwithstanding any authority granted to counties, municipalities, or other local authorities to adopt local ordinances (including but not limited to those imposing taxes, fees, or charges or regulating health, environment, or land use), any local ordinance that prohibits or has the effect of prohibiting the establishment or operation of a low-level radioactive waste facility which the Secretary has preempted pursuant to subsections (b) through (f) of this section, shall be invalid to the extent necessary to effectuate the purposes of this Chapter or Chapter 104G of the General Statutes.  To this end, all provisions of special, local, or private acts or resolutions are repealed which:
(1)	Prohibit the transportation, treatment, storage, or disposal of low-level radioactive waste within any county, city, or other political subdivision;
(2)	Prohibit the siting of a low-level radioactive waste facility within any county, city, or other political subdivision;
(3)	Place any restriction or condition not placed by this Chapter or Chapter 104G of the General Statutes upon the transportation, treatment, storage, or disposal of low-level radioactive waste, or upon the siting of a low-level radioactive waste facility within any county, city, or other political subdivision; or
(4)	In any manner are in conflict or inconsistent with the provisions of this Chapter or Chapter 104G of the General Statutes.
No special, local, or private acts or resolutions enacted or taking effect hereafter may be construed to modify, amend, or repeal any portion of this Chapter or Chapter 104G of the General Statutes unless it expressly provides for such by specific references to the appropriate section of this Chapter or Chapter 104G of the General Statutes.  Further to this end, all provisions of local ordinances, including those regulating land use, adopted by counties, municipalities, or other local authorities that prohibit or have the effect of prohibiting the establishment or operation of a low-level radioactive waste facility are invalidated to the extent preempted by the Secretary pursuant to this Section.
(b)	When a low-level radioactive waste facility would be prevented from construction or operation by a county, municipal, or other local ordinance(s), the operator of the proposed facility or the North Carolina Low-Level Radioactive Waste Management Authority established pursuant to Chapter 104G of the General Statutes (hereinafter 'the Authority') may petition the Secretary to review the matter. After receipt of a petition, the Secretary shall hold a hearing in accordance with the procedures in subsection (c) of this section and shall determine whether or to what extent to preempt the local ordinance to allow for the establishment and operation of the facility.
(c)	When a petition described in subsection (b) of this section has been filed with the Secretary, the Secretary shall hold a public hearing to consider the petition.  Such hearing shall be held in the affected locality within 60 days after receipt of the petition by the Secretary.  The Secretary shall give notice of the public hearing by:
(1)	Publication in a newspaper or newspapers having general circulation in the county or counties where the facility is or is to be located or operated, once a week for three consecutive weeks, the first notice appearing at least 30 days prior to the scheduled date of the hearing; and
(2)	First class mail to persons who have requested such notice.  The Secretary shall maintain a mailing list of persons who request notice in advance of the hearing pursuant to this section.  Notice by mail shall be complete upon deposit of a copy of the notice in a post-paid wrapper addressed to the person to be notified at the address which appears on the mailing list maintained by the Secretary, in a post office or official depository under the exclusive care and custody of the United States Postal Service.
Any interested person may appear before the Secretary at the hearing to offer testimony.  In addition to testimony before the Secretary, any interested person may submit written evidence to the Secretary for its consideration.  At least 20 days shall be allowed for receipt of written comment following the hearing.
(d)	The Secretary shall determine whether or to what extent to preempt local ordinance(s) so as to allow for the establishment and operation of the facility no later than 60 days after conclusion of the hearing.  The Secretary shall preempt a local ordinance only if it makes all five of the following findings:
(1)	That there is a local ordinance which would prohibit or have the effect of prohibiting the establishment or operation of a low-level radioactive waste facility;
(2)	That the proposed facility is needed in order to establish adequate capability to meet the current or projected low-level radioactive waste management needs of this State or to comply with the terms of any interstate agreement for the management of low-level radioactive waste to which the State is a party and therefore serves the interests of the citizens of the State as a whole;
(3)	That all legally required State and federal permits or approvals have been issued by the appropriate State and federal agencies or that all State and federal permit requirements have been satisfied and that the permits or approvals have been denied or withheld only because of the local ordinance(s);
(4)	That local citizens and elected officials have had adequate opportunity to participate in the siting process; and
(5)	That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding locality and that the facility operator or the Authority has taken or consented to take reasonable measures to avoid or manage foreseeable risks and to comply to the maximum feasible extent with any applicable local ordinance(s).
If the Secretary does not make all five findings set out above, the Secretary shall not preempt the challenged local ordinance(s).  The Secretary's decision shall be in writing and shall identify the evidence submitted to the Secretary plus any additional evidence used in arriving at the decision.
(e)	The decision of the Secretary shall be final unless a party to the action shall, pursuant to Article 4 of Chapter 150B of the General Statutes as modified by G.S. 7A-29 and this section, files a written appeal within 30 days of the date of such decision.  The record on appeal shall consist of all materials and information submitted to or considered by the Secretary, the Secretary's written decision, a complete transcript of the hearing, all written material presented to the Secretary regarding the location of the facility, the specific findings required by subsection (d) of this section, and any minority positions on the specific findings required by subsection (d) of this section.  The scope of judicial review shall be that the court may affirm the decision of the Secretary, or may remand the matter for further proceedings, or may reverse or modify the decision if the substantial rights of the parties may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:
(1)	In violation of constitutional provisions; 
(2)	In excess of the statutory authority or jurisdiction of the agency; 
(3)	Made upon unlawful procedure; 
(4)	Affected by other error of law; 
(5)	Unsupported by substantial evidence admissible under G.S. 150B-29(a) or G.S. 150B-30 in view of the entire record as submitted; or
(6)	Arbitrary or capricious.
	If the court reverses or modifies the decision of the agency, the judge shall set out in writing, which writing shall become part of the record, the reasons for such reversal or modification.
(f)	In computing any period of time prescribed or allowed by this procedure, the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1, shall apply."
Sec. 4.  G.S. 104E-9(a) reads as rewritten:
"(a)	The Department of Environment, Health, and Natural Resources is authorized:
(1)	To advise, consult and cooperate with other public agencies and with affected groups and industries;
(2)	To encourage, participate in, or conduct studies, investigations, public hearings, training, research, and demonstrations relating to the control of sources of radiation, the measurement of radiation, the effect upon public health and safety of exposure to radiation and related problems;
(3)	To require the submission of plans, specifications, and reports for new construction and material alterations on (i) the design and protective shielding of installations for radioactive material and radiation machines and (ii) systems for the disposal of radioactive waste materials, for the determination of any radiation hazard and may render opinions, approve or disapprove such plans and specifications;
(4)	To collect and disseminate information relating to the sources of radiation, including but not limited to: (i) maintenance of a record of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (ii) maintenance of a record of registrants and licensees possessing sources of radiation requiring registration or licensure under the provisions of this Chapter, and regulations hereunder, and any administrative or judicial action pertaining thereto; and to develop and implement a responsible data management program for the purpose of collecting and analyzing statistical information necessary to protect the public health and safety. The Department may refuse to make public dissemination of information relating to the source of radiation within this State after the Department first determines that the disclosure of such information will contravene the stated policy and purposes of this Chapter and such disclosure would be against the health, welfare and safety of the public.
(5)	To respond to any emergency which involves possible or actual release of radioactive material; and to perform or supervise decontamination and otherwise protect the public health and safety in any manner deemed necessary. This section does not in any way alter or change the provisions of Chapter 166 of the North Carolina General Statutes concerning response during an emergency by the Department of Military and Veterans Affairs or its successor.
(6)	To develop and maintain a statewide environmental radiation program for monitoring the radioactivity levels in air, water, soil, vegetation, animal life, milk, and food as necessary to ensure protection of the public and the environment from radiation hazards.
(7)	To implement the provisions of this Chapter and the regulations duly promulgated under the Chapter.
(8)	To establish annual fees for activities under this Chapter based on actual administrative costs to be applied to training, enforcement, and inspection pursuant to the provisions of this Chapter and to charge and collect fees from operators and users of low-level radioactive waste facilities pursuant to the provisions of this Chapter.
(9)	To enter upon any lands and structures upon lands to make surveys, borings, soundings, and examinations as may be necessary to determine the suitability of a site for a low-level radioactive waste facility or low-level radioactive disposal facility.  The Department shall give 30 days' notice of the intended entry authorized by this section in the manner prescribed for service of process by G.S. 1A-1, Rule 4.  Entry under this section shall not be deemed a trespass or taking; provided, however, that the Department shall make reimbursement for any damage to such land or structures caused by such activities.  This authority shall also apply to the North Carolina Low-Level Radioactive Waste Management Authority.
(10)	To encourage research and development and disseminate information on state-of-the-art means of handling and disposing of low-level radioactive waste.
(11)	The Department shall promote public education and public involvement in the decision-making process for the siting and permitting of proposed low-level radioactive waste facilities.  The Department shall assist localities in which facilities are proposed in collecting and receiving information relating to the suitability of the proposed site.  At the request of a local government in which facilities are proposed, the Department shall direct the appropriate agencies of State government to develop such relevant data as that locality shall reasonably request."
Sec. 5.  G.S. 104E-27 is amended by adding a new subsection to read:
"(c)	The Department shall periodically review the State's comprehensive low-level radioactive waste management system and make recommendations to the Governor, cognizant State agencies, and the General Assembly on ways to improve waste management; reduce the amount of waste generated; and minimize the amount of low-level radioactive waste which must be disposed of."
Sec. 5.1.  Chapter 104F of the General Statutes is amended by adding a new section to read:
"§ 104F-2.1.  Restrictions on importing waste from outside the compact.
The North Carolina members of the Southeast Interstate Low-Level Radioactive Waste Management Commission appointed under G.S. 104F-2 shall not vote in favor of importing waste into the North Carolina regional facility from any person, state, or similar regional body or group of states, or foreign country, outside the compact under G.S. 104F-1, Article IV(e)	without prior approval from the North Carolina General Assembly."
Sec. 6.  G.S. 104G-2(2) is repealed.
Sec. 7.  G.S. 104G-19(d) reads as rewritten:
"(d)	The Department shall provide technical assistance grants of up to fifty thousand dollars ($50,000) to each site designation review committee.  The maximum amount that the Department may grant to all site designation review committees for a particular site is seventy-five thousand dollars ($75,000)."
Sec. 8.  G.S. 104G-21 reads as rewritten:
"§ 104G-21.  Negotiation and arbitration.
(a)	Any local government in the county or counties where a low-level radioactive waste facility is proposed to be located pursuant to this Chapter may negotiate with the Authority with respect to any issue relating to the facility except:
(1)	The need for the facility;
(2)	Any proposal to reduce the duties of the Authority under this Chapter or under any license issued for the facility;
(3)	Any proposal to reduce the duties of the Commission or to make less stringent any rule of the Commission; or
(4)	Any decision of the Authority regarding site selection, operator selection, or technology pursuant to G.S. 104G-9, 104G-10, and 104G-11.
(b)	The Authority shall negotiate in good faith with any local government in the county or counties where a low-level radioactive waste facility is proposed to be located.  A local government may designate itself or any other person to negotiate on its behalf.
(c)	Negotiations may be conducted with the assistance of a mediator if mediation is requested by both the Authority and a local government.  The function of the mediator is to encourage a voluntary settlement of unresolved negotiable issues.  The Department shall provide the Authority and the local government with the names and qualifications of persons willing to serve as mediators.  If the Authority and a local government cannot agree on the selection of a mediator, the Authority and the local government may request the Department to appoint a mediator.
(d)	If the Authority and a local government have not reached agreement on all issues by negotiation within six months after selection of the preferred site pursuant to G.S. 104G-9(g), the following issues may be submitted to arbitration pursuant to the provisions of Article 45A of Chapter 1 of the General Statutes (Uniform Arbitration Act):
(1)	Compensation to any local government for substantial economic impacts which are a direct result of the siting and operation of a low-level radioactive waste facility and for which adequate compensation is not otherwise provided;
(2)	Reimbursement of reasonable costs incurred by the local government relating to negotiation, mediation and arbitration activities under this section;
(3)	Screening, fencing, and other matters related to the appearance of a facility;
(4)	Operational concerns other than design capacity and regulatory issues;
(5)	Traffic flows and patterns which result from the operation of a facility;
(6)	Uses of the site where a facility is located after the facility is closed;
(7)	The applicability or nonapplicability of any local ordinance;
(8)	Emergency response capabilities, including training and resources;
(9)	Access to facility records and monitoring data; and
(10)	Ongoing health surveys of persons living in the area around the facility.
(e)	In addition to those issues set out in subsection (d), any other issue may be submitted for arbitration except:
(1)	Those issues excluded from negotiation under subsection (a) of this section;
(2)	Any issue relating to the imposition by the General Assembly of a tax, or fee not authorized by this Chapter; and
(3)	Any issue requiring an appropriation by the General Assembly.
	."
Sec. 9.  G.S. 104G-22(a) reads as rewritten:
"(a)	To assist the Authority in the performance of its responsibilities under this Chapter and to advise the General Assembly, there is created the Inter-Agency Committee on Low-Level Radioactive Waste (herein called the 'Committee') consisting of 10 members.  The members shall be composed of:  the Secretary or the Secretary's designee; the Chief of the North Carolina Radiation Protection Section; the Chairman of the Commission's Low-Level Radioactive Waste Management Committee; the Chairman of the Authority; the Chairman of the Authority's Technical Committee; three representatives of the Department of Environment, Health, and Natural Resources with expertise in geology, groundwater, and air quality; and the two representatives of the Attorney General's office who provide legal services to the Authority and the Commission.  The Secretary or the Secretary's designee shall serve as the Chairman of the Committee, and the Radiation Protection Division of the Department shall provide professional and clerical support to the Committee."
Sec. 10.  G.S. 113-8.01 reads as rewritten:
"§ 113-8.01.  Pollution Prevention Pays Programs.
There is established within the Department a non-regulatory technical assistance program to be known as the Pollution Prevention Pays Program.  The purpose of this program is to encourage voluntary waste and pollution reduction efforts through research and by providing information, technical assistance, and matching grants to businesses and industries interested in establishing or enhancing activities to prevent, reduce, or recycle waste.  The Pollution Prevention Pays Program shall coordinate its activities with the appropriate regulatory agencies."
Sec. 11.  G.S. 120-70.33 reads as rewritten:
"§ 120-70.33.  Powers and duties.
The Joint Select Committee shall have the following powers and duties:
(1)	To study alternatives available to the State for dealing with low-level radioactive waste and the ramifications of each of those alternatives;
(2)	To evaluate actions of the North Carolina Low-Level Radioactive Waste Management Authority, its operator, and other persons with whom the Authority contracts;
(3)	To evaluate actions of the Radiation Protection Commission, the Division of Radiation Protection of the Department of Environment, Health, and Natural Resources, and of any other board, commission, department, or agency of the State or local government as such actions relate to low-level radioactive waste management;
(4)	To receive, review, and evaluate reports and recommendations submitted to the General Assembly by the North Carolina Low-Level Radioactive Waste Management Authority and the Inter-Agency Committee on Low-Level Radioactive Waste;
(5)	To review and evaluate changes in federal law and regulations, relevant court decisions, and changes in technology affecting low-level radioactive waste management;
(6)	To review existing and proposed State law and rules affecting low-level radioactive waste management and to determine whether any modification of law or rules is in the public interest;
(7)	To make reports and recommendations, including draft legislation, to the General Assembly from time to time as to any matter relating to the powers and duties set out in this section; and
(8)	(For applicability see note) To undertake such additional studies as it deems appropriate or as may from time to time be requested by the President Pro Tempore of the Senate, the Speaker of the House of Representatives, either house of the General Assembly, the Legislative Research Commission, the Joint Legislative Commission on Governmental Operations, the Environmental Review Commission, or the Joint Legislative Utility Review Committee, and to make such reports and recommendations to the General Assembly regarding such studies as it deems appropriate."
Sec. 12.  G.S. 120-123(23) is repealed.
Sec. 13.  G.S. 130A-293 reads as rewritten:
"§ 130A-293.  Local ordinances prohibiting hazardous waste facilities invalid; petition to preempt local ordinance.
(a)	It is the intent of the General Assembly to maintain a uniform system for the management of hazardous waste and to place limitations upon the exercise by all units of local government in North Carolina of the power to regulate the management of hazardous waste by means of special, local, or private acts or resolutions, ordinances, property restrictions, zoning regulations, or otherwise. Notwithstanding any authority granted to counties, municipalities, or other local authorities to adopt local ordinances (including but not limited to those imposing taxes, fees, or charges or regulating health, environment, or land use), any local ordinance that prohibits or has the effect of prohibiting the establishment or operation of a hazardous waste facility which the Secretary has preempted pursuant to subsections (b) through (f) of this section, shall be invalid to the extent necessary to effectuate the purposes of this Chapter or Chapter 130B of the General Statutes. To this end, all provisions of special, local, or private acts or resolutions are repealed which:
(1)	Prohibit the transportation, treatment, storage, or disposal of hazardous waste within any county, city, or other political subdivision;
(2)	Prohibit the siting of a hazardous waste facility within any county, city, or other political subdivision;
(3)	Place any restriction or condition not placed by Article 9 of Chapter 130A or Chapter 130B of the General Statutes upon the transportation, treatment, storage, or disposal of hazardous waste, or upon the siting of a hazardous waste facility within any county, city, or other political subdivision; or
(4)	In any manner are in conflict or inconsistent with the provisions of Article 9 of Chapter 130A or Chapter 130B of the General Statutes.
No special, local, or private acts or resolutions enacted or taking effect hereafter may be construed to modify, amend, or repeal any portion of Article 9 of Chapter 130A or Chapter 130B of the General Statutes unless it expressly provides for such by specific references to the appropriate section of this Part.  Further to this end, all provisions of local ordinances, including those regulating land use, adopted by counties, municipalities, or other local authorities that prohibit or have the effect of prohibiting the establishment or operation of a hazardous waste facility are invalidated to the extent preempted by the Secretary pursuant to this Section.
(b)	When a hazardous waste facility would be prevented from construction or operation by a county, municipal, or other local ordinance(s), the operator of the proposed facility or the North Carolina Hazardous Waste Management Commission established pursuant to Chapter 130B of the General Statutes (hereinafter 'the Commission') may petition the Secretary to review the matter. After receipt of a petition, the Secretary shall hold a hearing in accordance with the procedures in subsection (c) of this section and shall determine whether or to what extent to preempt the local ordinance to allow for the establishment and operation of the facility.
(c)	When a petition described in subsection (b) of this section has been filed with the Secretary, the Secretary shall hold a public hearing to consider the petition.  Such hearing shall be held in the affected locality within 60 days after receipt of the petition by the Secretary.  The Secretary shall give notice of the public hearing by:
(1)	Publication in a newspaper or newspapers having general circulation in the county or counties where the facility is or is to be located or operated, once a week for three consecutive weeks, the first notice appearing at least 30 days prior to the scheduled date of the hearing; and
(2)	First class mail to persons who have requested such notice.  The Secretary shall maintain a mailing list of persons who request notice in advance of the hearing pursuant to this section.  Notice by mail shall be complete upon deposit of a copy of the notice in a post-paid wrapper addressed to the person to be notified at the address which appears on the mailing list maintained by the Board, in a post office or official depository under the exclusive care and custody of the United States Postal Service.
Any interested person may appear before the Secretary at the hearing to offer testimony.  In addition to testimony before the Secretary, any interested person may submit written evidence to the Secretary for its consideration.  At least 20 days shall be allowed for receipt of written comment following the hearing.
(d)	The Secretary shall determine whether or to what extent to preempt local ordinance(s) so as to allow for the establishment and operation of the facility no later than 60 days after conclusion of the hearing.  The Secretary shall preempt a local ordinance only if it makes all five of the following findings:
(1)	That there is a local ordinance which would prohibit or have the effect of prohibiting the establishment or operation of a hazardous waste facility;
(2)	That the proposed facility is needed in order to establish adequate capability to meet the current or projected hazardous waste management needs of this State or to comply with the terms of any interstate agreement for the management of hazardous waste to which the State is a party and therefore serves the interests of the citizens of the State as a whole;
(3)	That all legally required State and federal permits or approvals have been issued by the appropriate State and federal agencies or that all State and federal permit requirements have been satisfied and that the permits or approvals have been denied or withheld only because of the local ordinance(s);
(4)	That local citizens and elected officials have had adequate opportunity to participate in the siting process; and
(5)	That the construction and operation of the facility will not pose an unreasonable health or environmental risk to the surrounding locality and that the facility operator or the Commission has taken or consented to take reasonable measures to avoid or manage foreseeable risks and to comply to the maximum feasible extent with any applicable local ordinance(s).
If the Secretary does not make all five findings set out above, the Secretary shall not preempt the challenged local ordinance(s).  The Secretary's decision shall be in writing and shall identify the evidence submitted to the Secretary plus any additional evidence used in arriving at the decision.
(e)	The decision of the Secretary shall be final unless a party to the action shall, pursuant to Article 4 of Chapter 150B of the General Statutes as modified by G.S. 7A-29 and this section, files a written appeal within 30 days of the date of such decision.  The record on appeal shall consist of all materials and information submitted to or considered by the Secretary, the Secretary's written decision, a complete transcript of the hearing, all written material presented to the Secretary regarding the location of the facility, the specific findings required by subsection (d) of this section, and any minority positions on the specific findings required by subsection (d) of this section.  The scope of judicial review shall be that the court may affirm the decision of the Secretary, or may remand the matter for further proceedings, or may reverse or modify the decision if the substantial rights of the parties may have been prejudiced because the agency findings, inferences, conclusions, or decisions are:
(1)	In violation of constitutional provisions; or
(2)	In excess of the statutory authority or jurisdiction of the agency; or
(3)	Made upon unlawful procedure; or
(4)	Affected by other error of law; or
(5)	Unsupported by substantial evidence admissible under G.S. 150B-29(a) or G.S. 150B-30 in view of the entire record as submitted; or
(6)	Arbitrary or capricious.
If the court reverses or modifies the decision of the agency, the judge shall set out in writing, which writing shall become part of the record, the reasons for such reversal or modification.
(f)	In computing any period of time prescribed or allowed by this procedure, the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1, shall apply.
(g)	Repealed by Session Laws 1989, c. 168, s. 13."
Sec. 14.  G.S. 130A-294 reads as rewritten:
"§ 130A-294.  Solid waste management program.
(a)	The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program.  In establishing a program, the Department shall have authority to:
(1)	Develop a comprehensive program for implementation of safe and  sanitary practices for management of solid waste;
(2)	Advise, consult, cooperate and contract with other State agencies, units of local government, the federal government, industries and individuals in the formulation and carrying out of a solid waste management program;
(3)	Develop and adopt rules to establish standards for qualification as a waste 'recycling, reduction or resource recovering facility' or as waste 'recycling, reduction or resource recovering equipment' for the purpose of special tax classifications or treatment, and to certify as qualifying those applicants which meet the established standards.  The standards shall be developed to qualify only those facilities and equipment exclusively used in the actual waste recycling, reduction or resource recovering process and shall exclude any incidental or supportive facilities and equipment;
(4)	Develop a permit system governing the establishment and operation of solid waste management facilities.  No permit shall be granted for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission for Health Services, without the Department receiving the prior approval for such permit from the county where it is to be located, except if it is to be located within the corporate limits or extraterritorial jurisdiction under Article 19 of Chapter 160A of the General Statutes, of a city as defined in G.S. 160A-1(2), from the city where it is to be located or whose jurisdiction it is in.  No permit shall be granted for a solid waste management facility having discharges which are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143-215.1.  In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans which will be required for the applicant to obtain a permit.
		The issuance of permits for sanitary landfills operated by local governments is exempt from the environmental impact statements required by Article 1 of Chapter 113A of the General Statutes, entitled the North Carolina Environmental Policy Act of 1971.  All sanitary landfill permits issued to local governments prior to July 1, 1984, are hereby validated notwithstanding any failure to provide environmental impact statements pursuant to the North Carolina Environmental Policy Act of 1971;
(4a)	No permit shall be granted for any public or private sanitary landfill to receive solid non-radioactive waste generated outside the boundaries of North Carolina to be deposited, unless such waste has previously been inspected by the solid waste regulatory agency of that nation, state or territory, characterized in detail as to its contents and certified by that agency to be non-injurious to health and safety.  The Commission shall adopt rules to implement this subsection.
(5)	Repealed by Session Laws 1983, c. 795, s. 3.
(5a)	Designate a geographic area within which the collection, transportation, storage and disposal of all solid waste generated within said area shall be accomplished in accordance with a solid waste management plan.  Such designation may be made only after the Department has received a request from the unit or units of local government having jurisdiction within said geographic area that such designation be made and after receipt by the Department of a solid waste management plan which shall include:
a.	The existing and projected population for such area;
b.	The quantities of solid waste generated and estimated to be generated in such area;
c.	The availability of sanitary landfill sites and the environmental impact of continued landfill of solid waste on surface and subsurface waters;
d.	The method of solid waste disposal to be utilized and the energy or material which shall be recovered from the waste; and
e.	Such other data that the Department may reasonably require.
(5b)	Authorize units of local government to require by ordinance, that all solid waste generated within the designated geographic area that is placed in the waste stream for disposal be collected, transported, stored and disposed of at a permitted solid waste management facility or facilities serving such area.  The provisions of such ordinance shall not be construed to prohibit the source separation of materials from solid waste prior to collection of such solid waste for disposal, or prohibit collectors of solid waste from recycling materials or limit access to such materials as an incident to collection of such solid waste; provided such prohibitions do not authorize the construction and operation of a resource recovery facility unless specifically permitted pursuant to an approved solid waste management plan.  If a private solid waste landfill shall be substantially affected by such ordinance then the unit of local government adopting the ordinance shall be required to give the operator of the affected landfill at least two years written notice prior to the effective date of the proposed ordinance.
(5c)	Except for the authority to designate a geographic area to be serviced by a solid waste management facility, delegate authority and responsibility to units of local government to perform all or a portion of a solid waste management program within the jurisdictional area of the unit of local government; provided that no authority over or control of the operations or properties of one local government shall be delegated to any other local government.
(5d)	Require that an annual report of the implementation of the solid waste management plan within the designated geographic area be filed with the Department.
(6)	The Department is authorized to charge and collect fees from operators of hazardous waste disposal facilities.  The fees shall be used to establish a fund sufficient for each individual facility to defray the anticipated costs to the State for monitoring and care of the facility after the termination of the period during which the facility operator is required by applicable State and federal statutes, regulations or rules to remain responsible for post-closure monitoring and care.  In establishing the fees, consideration shall be given to the size of the facility, the nature of the hazardous waste and the projected life of the facility.
(7)	Establish and collect annual fees from generators and transporters of hazardous waste, and from storage, treatment, and disposal facilities regulated under this Article as provided in G.S. 130A-294.1.
(b)	The Commission shall adopt and the Department shall enforce rules to implement a comprehensive statewide solid waste management program.  The rules shall be consistent with applicable State and federal law; and shall be designed to protect the public health, safety, and welfare; preserve the environment; and provide for the greatest possible conservation of cultural and natural resources.  Rules for the establishment, location, operation, maintenance, use, discontinuance, recordation, post-closure care of solid waste management facilities also shall be based upon recognized public health practices and procedures, including applicable epidemiological research and studies; hydrogeological research and studies; sanitary engineering research and studies; and current technological development in equipment and methods.  The rules shall not apply to the management of solid waste that is generated by an individual or individual family or household unit on the individual's property and is disposed of on the individual's property.
The Commission may adopt rules for financial responsibility to ensure the availability of sufficient funds for closure and post-closure maintenance and monitoring at solid waste management facilities, and for any corrective action the Department may require during the active life of a facility or during the closure and post-closure periods.  The rules may permit demonstration of financial responsibility through the use of a letter of credit, insurance, surety, trust agreement, financial test, or guarantee by corporate parents or third parties who can pass the financial test.  Financial responsibility rules shall not apply to solid waste management facilities operated by local government.
(c)	The Commission shall adopt and the Department shall enforce rules concerning the management of hazardous waste.  These rules shall establish a complete and integrated regulatory scheme in the area of hazardous waste management and shall provide for:
(1)	Establishing criteria for hazardous waste, identifying the characteristics of hazardous waste and listing particular hazardous waste;
(1a)	Establishing criteria for hazardous constituents, identifying the characteristics of hazardous constituents and listing particular hazardous constituents;
(2)	Record-keeping and reporting by generators and transporters of hazardous waste and owners and operators of hazardous waste facilities;
(3)	Proper labeling of hazardous waste containers;
(4)	Use of appropriate containers for hazardous waste;
(5)	A manifest system to assure that all hazardous waste is designated for treatment, storage or disposal at a hazardous waste facility to which a permit has been issued;
(6)	Proper transportation of hazardous waste;
(7)	Treatment, storage and disposal standards of performance and  techniques to be used by hazardous waste facilities;
(8)	Location, design, ownership and construction of hazardous waste facilities; provided, however, that no hazardous waste disposal facility or polychlorinated biphenyl disposal facility shall be located within 25 miles of any other hazardous waste disposal facility or polychlorinated biphenyl disposal facility;
(9)	Plans to minimize unanticipated damage from treatment, storage or disposal of hazardous waste; and a plan or plans providing for the establishment and/or operation of one or more hazardous waste facilities in the absence of adequate approved hazardous waste facilities established or operated by any person within the State;
(10)	Proper maintenance and operation of hazardous waste facilities, including requirements for ownership by any person or the State, financial responsibility (including requirements for sufficient availability of funds for facility closure and post-closure monitoring and corrective measures through the use of a letter of credit, insurance, surety, trust agreement, financial test, or financial test and corporate guarantee), training of personnel, continuity of operation and procedures for establishing and maintaining hazardous waste facilities;
(11)	Monitoring by owners or operators of hazardous waste facilities;
(12)	Inspection or copying of records required to be kept;
(13)	Obtaining and analyzing hazardous waste samples and samples of hazardous waste containers and labels from generators and  transporters and from owners and operators of hazardous waste facilities;
(14)	A permit system governing the establishment and operation of hazardous waste facilities;
(15)	Additional requirements as necessary for the effective management of hazardous waste;
(16)	The operator of the hazardous waste disposal facility shall maintain adequate insurance to cover foreseeable claims arising from the operation of the facility.  The Department shall determine what constitutes an adequate amount of insurance;
(17)	The bottom of a hazardous waste disposal facility shall be at least 10 feet above the seasonal high water table and more when necessary to protect the public health and the environment; and
(18)	The operator of a hazardous waste disposal facility shall make monthly reports to the board of county commissioners of the county in which the facility is located on the kinds and amounts of hazardous wastes in the facility.
(d)	The Commission is authorized to adopt and the Department is authorized to enforce rules where appropriate for public participation in the consideration, development, revision, implementation and enforcement of any permit rule, guideline, information or program under this Article.
(e)	Rules adopted under this section may incorporate standards and restrictions which exceed and are more comprehensive than comparable federal regulations.
(f)	Within 10 days of receiving an application for a permit or for an amendment to an existing permit for a hazardous waste facility, the Department shall notify the clerk of the board of commissioners of the county or counties in which the facility is proposed to be located or is located and, if the facility is proposed to be located or is located within a city, the clerk of the governing board of the city, that the application has been filed, and shall file a copy of the application with the clerk.  Prior to the issuance of a permit or an amendment of an existing permit the Secretary or his designee shall conduct a public hearing in the county, or in one of the counties in which the hazardous waste facility is proposed to be located or is located.  The Secretary or his designee shall give notice of the hearing, and the public hearing shall be in accordance with applicable federal regulations adopted pursuant to RCRA and with Chapter 150B of the General Statutes.  Where the provisions of the federal regulations and Chapter 150B of the General Statutes are inconsistent, the federal regulations shall apply.
(g)	The Commission shall develop and adopt standards for permitting of hazardous waste facilities.  Such standards shall be developed with, and provide for, public participation; shall be incorporated into rules; shall be consistent with all applicable federal and State law, including statutes, regulations and rules; shall be developed and revised in light of the best available scientific data; and shall be based on consideration of at least the following factors:
(1)	Hydrological and geological factors, including flood plains, depth to water table, groundwater travel time, soil pH, soil cation exchange capacity, soil composition and permeability, cavernous bedrock, seismic activity, slope, mines, and climate;
(2)	Environmental and public health  factors, including air quality, quality of surface and groundwater, and proximity to public water supply watersheds;
(3)	Natural and cultural resources, including wetlands, gamelands, endangered species habitats, proximity to parks, forests, wilderness areas, nature preserves, and historic sites;
(4)	Local land uses;
(5)	Transportation factors, including proximity to waste generators, route safety, and method of transportation;
(6)	Aesthetic factors, including the visibility, appearance, and noise level of the facility;
(7)	Availability and reliability of public utilities; and
(8)	Availability of emergency response personnel and equipment.
(h)	Rules adopted by the Commission shall be subject to the following requirements:
(1) 	Repealed by Session Laws 1989, c. 168, s. 20.
(2) 	Hazardous waste shall be treated prior to disposal in North Carolina.  The Commission shall determine the extent of waste treatment required before hazardous waste can be disposed of in a hazardous waste disposal facility.
(3) 	Any hazardous waste disposal facility hereafter constructed in this State shall meet, at the minimum, the standards of construction imposed by federal regulations adopted under the RCRA at the time the permit is issued.
(4) 	No hazardous waste disposal facility or polychlorinated biphenyl disposal facility shall be located within 25 miles of any other hazardous waste disposal facility or polychlorinated biphenyl disposal facility.
(5) 	No hazardous waste facility operated pursuant to Chapter 130B of the General Statutes shall be located within 25 miles of a polychlorinated biphenyl landfill facility.
(6) 	The following shall not be disposed of in a hazardous waste disposal facility:  ignitables as defined in the RCRA, polyhalogenated biphenyls of 50 ppm or greater concentration, and free liquids whether or not containerized.
(7) 	Facilities for disposal or long-term storage of hazardous waste shall have at a minimum the following: a leachate collection and removal system above an artificial impervious liner of at least 30 mils in thickness, a minimum of five feet of clay or clay-like liner with a maximum permeability of 1.0 x 10centimeters per second (cm/sec) below said artificial liner, and a leachate detection system immediately below the clay or clay-like liner.
(8) 	Hazardous waste shall not be stored at a hazardous waste treatment facility for over 90 days prior to treatment or disposal.
(9) 	The Commission shall consider any hazardous waste treatment process proposed to it, if the process lessens treatment cost or improves treatment over then current methods or standards required by the Commission.
(10)	Prevention, reduction, recycling, and detoxification of hazardous wastes should be encouraged and promoted.  Hazardous waste disposal facilities and polychlorinated biphenyl disposal facilities shall be detoxified as soon as technology which is economically feasible is available and sufficient money is available without additional appropriation.
(i)	The Department shall develop a comprehensive hazardous waste management plan for the State.  This plan shall be completed by July 1, 1990 and shall be revised at two-year intervals thereafter. The Department shall make recommendations to the Governor, cognizant State agencies, and the General Assembly on ways to:  improve waste management; reduce the amount of waste generated; maximize resource recovery, reuse, and conservation; and minimize the amount of hazardous waste which must be disposed of.
(j)	The Commission may adopt rules for financial responsibility (including requirements for sufficient availability of funds for facility closure and postclosure monitoring and corrective measures, and for potential liability for sudden and nonsudden accidental occurrences), which may permit the use of insurance, financial tests, third-party guarantees by persons who can pass the financial test, guarantees by corporate parents who can pass the financial test, irrevocable letters of credit, trusts, surety bonds, or any other financial device, or any combination of the foregoing, shown to provide protection equivalent to the financial protection that would have been provided by insurance if insurance were the only mechanism used.  Any direct or indirect parent corporation or other parent entity of the operator of a commercial hazardous waste treatment facility shall be deemed to be a guarantor of payment by the operator for closure, monitoring, and corrective measures and for liability incurred by the operator arising from the operation of the commercial hazardous waste treatment facility.  The Department may provide a copy of any filing to meet the financial responsibility requirements to the State Treasurer, who shall review the filing and provide written comments on the equivalency of protection provided by the filing, including recommended changes.
(k)	Each person who generates hazardous waste who is required to pay a fee under G.S. 130A-294.1, and each operator of a hazardous waste treatment facility which treats waste generated on-site who is required to pay a fee under G.S. 130A-294.1, shall submit to the Department at the time such fees are due, a written description of any program to minimize or reduce the volume and quantity or toxicity of such waste.
(l)	Disposal of solid waste in or upon water in a manner that results in solid waste entering waters or lands of the State is unlawful.  Nothing herein shall be interpreted to affect disposal of solid waste in a permitted landfill.
(m)	(Expires July 1, 1993) Demolition debris consisting of used asphalt or used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material may be used as fill and need not be disposed of in a permitted landfill or solid waste disposal facility.  Such demolition debris may not be placed in the waters of the State or at or below the seasonal high water table.
(n)	The Department shall encourage research and development and disseminate information on state-of-the-art means of handling and disposing of hazardous waste. The Department may establish a waste information exchange for the State.
(o)	The Department shall promote public education and public involvement in the decision-making process for the siting and permitting of proposed hazardous waste facilities.  The Department shall assist localities in which facilities are proposed in collecting and receiving information relating to the suitability of the proposed site.  At the request of a local government in which facilities are proposed, the Department shall direct the appropriate agencies of State government to develop such relevant data as that locality shall reasonably request.
(p)	The Department shall each year recommend to the Governor a recipient for a 'Governor's Award of Excellence' which the Governor shall award for outstanding achievement by an industry or company in the area of waste management.
(q)	The Secretary shall, at the request of the Governor and under the Governor's direction, assist with the negotiation of interstate agreements for the management of hazardous waste.
(r)	The Commission for Health Services shall, in accordance with the procedures set forth in G.S. 160A-211.1 and G.S. 153A-152.1, review upon appeal specific privilege license tax rates which localities may apply to waste management facilities in their jurisdiction.
(s)	The Department is authorized to enter upon any lands and structures upon lands to make surveys, borings, soundings, and examinations as may be necessary to determine the suitability of a site for a hazardous waste facility or hazardous waste disposal facility.  The Department shall give 30 days' notice of the intended entry authorized by this section in the manner prescribed for service of process by G.S. 1A-1, Rule 4.  Entry under this section shall not be deemed a trespass or taking; provided, however, that the Department shall make reimbursement for any damage to such land or structures caused by such activities.  This authority shall also apply to the North Carolina Hazardous Waste Management Commission."
Sec. 15.  G.S. 130A-296 is repealed.
Sec. 16. G.S. 130B-2(b) reads as rewritten:
"(b)	Unless a different meaning is required by the context, the following definitions shall apply throughout this Chapter:
(1)	'Authorized hazardous waste facility' means a hazardous waste facility authorized by the Governor as provided in G.S. 130B-5(a) and G.S. 130B-5(b)(1).
	(3)	'Commission' means the North Carolina Hazardous Waste Management Commission established pursuant to this Chapter or any successor thereto.
(4)	'Department' means the Department of Environment, Health, and Natural Resources."
Sec. 17.  G.S. 130B-4 reads as rewritten:
"§ 130B-4.  Purpose.
It is the purpose of this Chapter to provide for the siting, construction, and operation of hazardous waste facilities to the end that hazardous waste may be treated or disposed of in the most cost-effective manner, while protecting public health and safety and the environment.  It is the purpose of this Chapter to promote a regional approach to hazardous waste management.  It is the purpose of this Chapter to provide a mechanism to assess the need for hazardous waste treatment and disposal in this State and in the region, to determine the scope and capacity of hazardous waste facilities needed in this State in order that North Carolina is in a position to assume its fair share in the management of hazardous waste so that the benefits and burdens of hazardous waste management are equitably shared by all states, and to cause to come into existence such facilities as are needed.  It is the purpose of this Chapter to promote interstate agreements for the management of hazardous waste which will assure access to hazardous waste facilities on a regional basis.  It is the purpose of this Chapter to encourage the development of hazardous waste facilities which are needed in this State through the efforts of private enterprise.  It is the purpose of this Chapter to create a commission to assist private enterprise with the development of needed hazardous waste facilities through the performance of those tasks which private enterprise is unable to undertake or accomplish.  It is the purpose of this Chapter to authorize the Commission, when authorized by the Governor, to site, design, finance, construct, operate, oversee, acquire, hold, sell, lease, or convey needed hazardous waste facilities to the extent that private enterprise fails to provide such facilities.
It is also the purpose of the General Assembly to limit the extent to which units of local government may regulate the management of hazardous waste by means of local acts, laws, resolutions, ordinances, rules, or regulations, including but not limited to those relating to taxes and fees, local land use including zoning and other restrictions on the use of property, building codes, fire protection, civil defense, preparation for and response to emergencies, and public health.
Furthermore, it is the purpose of this Chapter to establish an effective and comprehensive policy of negotiation and arbitration between the Commission or other applicant for a permit to operate a hazardous waste facility pursuant to this Chapter and a committee representing the affected local government(s)	to assure that:
(1)	The legitimate concerns of nearby residents and affected municipalities can be expressed in a public forum, negotiated and, if need be, arbitrated with the Commission in a fair manner and reduced to a written document that is legally binding; and
(2)	Environmentally sound and economically viable hazardous waste facilities will be established."
Sec. 18.  G.S. 130B-5(c) reads as rewritten:
"(c)	The Governor is authorized to enter into interstate agreements for the management of hazardous waste.  Such agreements shall provide for access to suitable facilities for management of hazardous waste; encourage reductions in the volume or quantity and toxicity of hazardous waste; distribute the costs, benefits, and obligations of hazardous waste management equitably among the party states; and provide for protection of human health and the environment in a manner that is both ecologically and economically sound.  In negotiating such agreements, the Governor may request such assistance as he deems appropriate from the Attorney General, the Solid Waste Management Division of the Department, and the Commission.  The Governor shall submit any such agreement to the General Assembly for its approval, and no such agreement shall be effective until approved by the General Assembly."
Sec. 19.  G.S. 130B-6(b) reads as rewritten:
"(b)	Membership. – The Commission shall be comprised of nine members. Members of the General Assembly, the Commission for Health Services, and members or employees of any State or federal agency, board, or commission which exercises regulatory authority with respect to any activity of the Commission shall be ineligible for appointment to membership on the Commission."
Sec. 20.  G.S. 130B-7(a)(1) reads as rewritten:
"(1)	Shall (i) with the assistance of the Solid Waste Management Division of the Department, periodically review current and projected hazardous waste generation from all sources within the State, the current and projected effect of efforts to minimize and reduce the generation of hazardous waste, the potential for further reductions in the generation of hazardous waste, current and projected availability and adequacy of facilities for the management of hazardous waste within and outside the State, whether and to what extent private enterprise will provide needed hazardous waste facilities, and capacity assurance requirements under CERCLA/SARA, (ii) determine whether additional facilities for the management of hazardous waste may be needed in this State, and (iii) make appropriate recommendations to the Governor and the General Assembly;".
Sec. 21.  G.S. 130B-19(d) reads as rewritten:
"(d)	Subject to appropriation by the General Assembly, the Department may provide technical assistance grants of up to fifty thousand dollars ($50,000) to each site designation review committee.  In the event that a proposed site is located in more than one county, or that one or more site designation review committees are appointed pursuant to subsection (h) of this section, the Department may provide technical grants to a site designation review committee in each county, provided that the maximum amount the Department may grant to all site designation review committees for a particular site is seventy-five thousand dollars ($75,000)."
Sec. 22.  G.S. 130B-19(i) reads as rewritten:
"(i)	No grant funds shall be used for litigation expenses. Each site designation review committee shall properly account for all funds.  Unexpended funds shall revert to the Department, and at the end of the biennium shall revert to the General Fund."
Sec. 23.  G.S. 130B-20(c) reads as rewritten:
"(c)	An applicant for a permit to operate a hazardous waste facility pursuant to this Chapter shall pay a one-time local application fee of one hundred thousand dollars ($100,000) to the Department.  The Department shall distribute not less than sixty-five thousand dollars ($65,000) of the local application fee to the county or counties where the site of the proposed facility is located.  If the site lies in more than one county, the local application fee will be distributed to the counties in which the site is located in equal amounts.  If the board of commissioners appoints a preferred site local advisory committee the local application fee shall be used to support the work of the committee."
Sec. 24.  G.S 130B-20(d) reads as rewritten:
"(d)	A preferred site local advisory committee may also be appointed as provided by this section by the board of commissioners of any county whenever the board of commissioners determines that the county may be affected by the siting of a hazardous waste facility in another county.  If a preferred site local advisory committee is appointed pursuant to this subsection, the committee may apply to the Department for a portion of the local application fee to support the work of the committee.  The Department may allocate up to twenty-five thousand dollars ($25,000) to each preferred site local advisory committee appointed pursuant to this subsection, provided that the maximum amount that the Department may allocate to all preferred site local advisory committees appointed pursuant to this subsection for a particular site is thirty-five thousand dollars ($35,000).  The  Department shall base allocations under this subsection on the likelihood that the proposed hazardous waste facility will have a significant effect in the county, taking distance to the facility and other factors into account.  Decisions of the Department regarding allocations under this subsection are final.  Any portion of the local application fee which is not allocated by the Department under this subsection shall be distributed by the Department to the county or counties where the site of the proposed facility is located as provided in subsection (c) of this section."
Sec. 25.  G.S. 130B-21 reads as rewritten:
"§ 130B-21.  Negotiation, mediation, and arbitration.
(a)	Any local government in the county or counties where a hazardous waste facility is proposed to be located pursuant to this Chapter may negotiate with the Commission with respect to any issue relating to the facility except:
(1)	The need for the facility;
(2)	Any proposal to reduce the duties of the Commission under this Chapter or under any permit or license issued for the facility;
(3)	Any proposal to reduce the duties of the Commission for Health Services or the Department, or to make less stringent any rule of the Commission for Health Services;
	(5)	Any act or decision of the Governor pursuant to G.S. 130B-5; or
(6)	Any decision of the Commission regarding site selection, contractor selection, or technology pursuant to G.S. 130B-11, 130B-13, and 130B-14.
(b)	The Commission shall negotiate in good faith with any local government in the county or counties where a hazardous waste facility is proposed to be located.  A local government may designate itself or any other person to negotiate on its behalf.
(c)	Negotiations may be conducted with the assistance of a mediator if mediation is requested by both the Commission and a local government.  The function of the mediator is to encourage a voluntary settlement of unresolved negotiable issues.  The Department shall provide the Commission and the local government with the names and qualifications of persons willing to serve as mediators. If the Commission and a local government cannot agree on the selection of a mediator, the Commission and the local government may request the Department to appoint a mediator. 
(d)	If the Commission and a local government have not reached agreement on all issues by negotiation within six months after selection of the preferred site pursuant to G.S. 130B-11(d), the following issues may be submitted to arbitration pursuant to the provisions of Article 45A of Chapter 1 of the General Statutes (Uniform Arbitration Act):
(1)	Compensation to any local government for substantial economic impacts which are a direct result of the siting and operation of a hazardous waste facility and for which adequate compensation is not otherwise provided;
(2)	Reimbursement of reasonable costs incurred by the local government relating to negotiation, mediation and arbitration activities under this section;
(3)	Screening, fencing, and other matters related to the appearance of a facility;
(4)	Operational concerns other than design capacity and regulatory issues;
(5)	Traffic flows and patterns which result from the operation of a facility;
(6)	Uses of the site where a facility is located after the facility is closed;
(7)	The applicability or nonapplicability of any local ordinance;
(8)	Emergency response capabilities, including training and resources;
(9)	Access to facility records and monitoring data; and
(10)	Ongoing health surveys of persons living in the area around the facility.
(e)	In addition to those issues set out in subsection (d), any other issue may be submitted for arbitration except:
(1)	Those issues excluded from negotiation under subsection (a) of this section;
(2)	Any issue relating to the imposition by the General Assembly of a tax, or the imposition of a fee not authorized by this Chapter; and
(3)	Any issue requiring an appropriation by the General Assembly.
	."
Sec. 26.  G.S. 130B-22(a) reads as rewritten:
"(a)	To assist the Commission in the performance of its responsibilities under this Chapter and to advise the General Assembly, there is created the Inter-Agency Committee on Hazardous Waste (herein called the 'Committee').  The members shall be:  the Secretary or the Secretary's designee; the Director of the Solid Waste Management Division of the Department or his designee; the Chief of the Hazardous Waste Management Section of the Solid Waste Management Division or his designee; one additional representative of the Solid Waste Management Division with expertise in CERCLA/SARA capacity assurance requirements appointed by the Director of the Division, the Chairman of the Commission or his designee; one additional member of the Commission appointed by the Chairman of the Commission; the Executive Director of the Commission; the Director of the Pollution Prevention Pays Program; four representatives of the Department of Environment, Health, and Natural Resources with expertise in geology, groundwater, water quality, and air quality; the representative of the Attorney General's office who provides legal services to the Commission; and a representative of the Attorney General's office who provides legal services to the Solid Waste Management Division designated by the Director of the Solid Waste Management Division with the approval of the Attorney General.  The Secretary or the Secretary's designee shall serve as the Chairman of the Committee, and the Solid Waste Management Division of the Department shall provide professional and clerical support to the Committee."
Sec. 27.  G.S. 143B-279.3(b)(1) is repealed.
Sec. 28.  Article 7 of Chapter 143B is amended by adding a new Part 4B to read:
"Part 4B.  Office of Environmental Education.
"§ 143B-285.20.  Short title. 
This Part shall be known and cited as the Environmental Education Act of 1993.
"§ 143B-285.21.  Declaration of purpose. 
The purpose of this Part shall be to encourage, promote, and support the development of programs, facilities, and materials for the purpose of environmental education in North Carolina.
"§ 143B-285.22.  Creation. 
There is hereby created a North Carolina Office of Environmental Education (hereinafter referred to as 'Office') within the Department of Environment, Health, and Natural Resources.
"§ 143B-285.23.  Powers and duties of the Secretary of Environment, Health, and Natural Resources. 
The Secretary of Environment, Health, and Natural Resources shall:
(1)	Establish an Office of Environmental Education to:
a.	Serve as a clearinghouse of environmental information for the State.
b.	Plan for the Department's future needs for environmental education materials and programs.
c.	Maintain a computerized database of existing education materials and programs within the Department.
d.	Maintain a speaker's bureau of environmental specialists to address environmental concerns and issues in communities across the State.
e.	Evaluate opportunities for establishing regional environmental education centers.
f.	Administer the Project Tomorrow Award Program to encourage school children to discover and explore ways to protect the environment.
g.	Assist the Department of Public Instruction in integrating environmental education into course curricula.
h.	Develop and implement a grants and award program for environmental education projects in schools and communities.
(2)	Coordinate, through technical assistance and staff support and with participation of the Department of Public Instruction and other relevant agencies, institutions, and citizens, the planning and implementation of a statewide program of environmental education.
(3)	Be responsible for such matters as the purchase of educational equipment, materials, and supplies; the construction or modification of facilities; and the employment of consultants and other personnel necessary to carry out the provisions of this Part.
(4)	Encourage coordination between the various State and federal agencies, citizens groups, and the business and industrial community, in the dissemination of environmental information and education.
(5)	Utilize existing programs, educational materials, or facilities, both public and private, wherever feasible.
"§ 143B-285.24.  Grants and awards. 
The objective of grants and awards made under the provisions of this Part shall be to promote the further development of local and regional environmental education and information dissemination to aid especially, but not be limited to, school-age children.  The Office shall recommend each year to the Governor recipients for the Project Tomorrow Award, which the Governor shall award for outstanding environmental projects by elementary schools in North Carolina.
"§ 143B-285.25.  Liaison between the Office of Environmental Education and the Department of Public Instruction. 
The Superintendent of the Department of Public Instruction shall identify an environmental education liaison within the Office of Instructional Services of the Department of Public Instruction to:
(1)	Coordinate environmental education within the State curriculum and among the Department and other State agencies.
(2)	Conduct teacher training in environmental education topics in conjunction with Department and other State agencies.
(3)	Coordinate and integrate topics within the various curriculum areas of the standard course of study.
(4)	Promote awareness of environmental issues to the public and to the school communities, including students, teachers, and administrators.
(5)	Establish a repository of environmental education instructional materials and disseminate information on the availability of these materials to schools.
(6)	Promote and facilitate the sharing of information through electronic networks to all schools."
Sec. 29.  G.S. 150B-1(e)(2) is repealed.
Sec. 30.  There is created the Pollution Prevention Advisory Council.
(a)	The Council shall consist of 15 members as follows:
(1)	The Secretary of Environment, Health, and Natural Resources or the Secretary's designee.
(2)	The Secretary of Commerce or the Secretary's designee.
(3)	Four members appointed by the Governor as follows:  one representative of industry; one representative of small business; one representative of the environmental and conservation community; and one citizen representative.
(4)	Four members appointed by the President Pro Tempore of the Senate as follows:  one member of the Environmental Review Commission; one representative of industry; one representative of the environmental and conservation community; and one representative of county government.
(5)	Four members appointed by the Speaker of the House of Representatives as follows:  one member of the Environmental Review Commission; one representative of industry; one representative of the environmental and conservation community; and one representative of city government.
(6)	One member appointed by the Lieutenant Governor from the general public.
(b)	The Secretary of Environment, Health, and Natural Resources or the Secretary's designee shall serve as chair of the Council.
(c)	The Council shall, in an advisory capacity, assist the Governor, the Secretary of Environment, Health, and Natural Resources, the Secretary of Commerce, and the General Assembly in reviewing issues relating to hazardous waste management, including, but not limited to:
(1)	The regulation of hazardous waste generation and management in North Carolina;
(2)	The potential to promote greater reduction of waste generation through new and existing programs and policies; and
(3)	The hazardous waste management capacity needs of North Carolina business and industry.
(d)	Any appointed member of the Council may be removed by the appointing authority for misfeasance, malfeasance, or nonfeasance.  A member who fails to attend three consecutive meetings of the Council shall cease to be a member of the Council.  Vacancies shall be filled by the appointing authority.
(e)	The Council shall meet upon the call of the Chair.  A majority of the Council shall constitute a quorum for the transaction of business.
(f)	Any person who is a member of the Council may hold such membership concurrently with and in addition to any other elective or appointive office or offices such as a person is permitted to hold under G.S. 128-1.1.
(g)	Members of the Council who are not State employees shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.
(h)	All clerical services required by the Council shall be supplied by the Department of Environment, Health, and Natural Resources.  The Attorney General shall provide legal services provided by the Council.  The Council may select outside contractors to provide technical and other support services pursuant to the budgetary provisions in this act.
(i)	The Council shall hold public meetings in at least three locations to receive public comments.  The Council may prepare separate reports on issues it selects.  The Council shall make an interim report to the Governor, the Secretary of Environment, Health, and Natural Resources, the Secretary of Commerce, and the Environmental Review Commission of the General Assembly on or before March 1, 1994.  The Council shall make its final written report to the same bodies on or before October 1, 1994.  Upon making its final written report, the Council shall terminate.
Sec. 31.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 23rd day of July, 1993.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives