GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 594
HOUSE BILL 859

AN ACT TO REVISE THE SOLID WASTE MANAGEMENT ACT OF 1989 AND RELATED STATUTES.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130A-290(a)(5) is repealed.
Sec. 2.  G.S. 130A-290(a) is amended by adding a new subdivision to read:
"(13a)	'Industrial solid waste' means solid waste generated by manufacturing or industrial processes that is not hazardous waste."
Sec. 3.  G.S. 130A-290(a)(18a) reads as rewritten:
"(18a)	'Municipal solid waste' means any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service.  Municipal solid waste does not include hazardous waste, sludge, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations."
Sec. 4.  G.S. 130A-290(a)(24) reads as rewritten:
"(24)	'Recovered material' means a material that has known recycling potential, can be feasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse.  In order to qualify as a recovered material, a material must meet the requirements of G.S. 130A-309.05(c)."
Sec. 5.  G.S. 130A-290(a)(35) reads as rewritten:
"(35)	'Solid waste' means any hazardous or nonhazardous garbage, refuse or sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, domestic sewage and sludges generated by the treatment thereof in sanitary sewage collection, treatment and disposal systems, and other material that is either discarded or is being accumulated, stored or treated prior to being discarded, or has served its original intended use and is generally discarded, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, commercial and agricultural operations, and from community activities. The term does not include:
a.	Fecal waste from fowls and animals other than humans.
b.	Solid or dissolved material in:
1.	Domestic sewage and sludges generated by treatment thereof in sanitary sewage collection, treatment and disposal systems which are designed to discharge effluents to the surface waters.
2.	Irrigation return flows.
3.	Wastewater discharges and the sludges incidental to and generated by treatment which are point sources subject to permits granted under Section 402 of the Water Pollution Control Act, as amended (P.L. 92-500), and permits granted under G.S. 143-215.1 by the Environmental Management Commission.  However, any sludges that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
c.	Oils and other liquid hydrocarbons controlled under Article 21A of Chapter 143 of the General Statutes.  However, any oils or other liquid hydrocarbons that meet the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
d.	Any source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011).
e.	Mining refuse covered by the North Carolina Mining Act, G.S. 74-46 through 74-68 and regulated by the North Carolina Mining Commission (as defined under G.S. 143B-290).  However, any specific mining waste that meets the criteria for hazardous waste under RCRA shall also be a solid waste for the purposes of this Article.
f.	Recovered material."
Sec. 6.  G.S. 130A-294(a)(3) reads as rewritten:
"(3)	Develop and adopt rules to establish standards for qualification as a 'recycling, reduction or resource recovering facility' or as '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;".
Sec. 7.  G.S. 130A-294(b) reads as rewritten:
"(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 shall 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.  The rules shall require that an owner or operator of a privately owned solid waste management facility demonstrate financial responsibility by a method or combinations of methods that will ensure that sufficient funds for closure, post-closure maintenance and monitoring, and any corrective action that the Department may require will be available during the active life of the facility, at closure, and for a period of not less than 30 years after closure even if the owner or operator becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State."
Sec. 8.  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 recovery;
(5)	Incineration without energy recovery;
(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, by forty percent (40%) on a per capita basis by 30 June 2001.
		(c1)	To measure progress toward the municipal solid waste reduction goal 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.
	(d)	In furtherance of the State's solid waste management policy, each State agency shall develop a solid waste management plan that is consistent with the solid waste management policy of the State.
(d1)	It is the policy of the State to obtain, to the extent practicable, economic benefits from the recovery from solid waste and reuse of material and energy resources.  In furtherance of this policy, it is the goal of the State to foster partnerships between the public and private sectors that strengthen the supply of, and demand for, recyclable and reusable materials and that foster opportunities for economic development from the recovery and reuse of materials.
		."
Sec. 9.  G.S. 130A-309.05 reads as rewritten:
"§ 130A-309.05.  Regulated wastes; certain exclusions.
(a)	Notwithstanding other provisions of this Article, the following waste shall be regulated pursuant to this Part:
(1)	Medical waste; and
(2)	Ash generated by a solid waste management facility from the burning of solid waste.
(b)	Ash generated by a solid waste management facility from the burning of solid waste shall be disposed of in a properly designed solid waste disposal area that complies with standards developed by the Department for the disposal of the ash.  The Department shall work with solid waste management facilities that burn solid waste to identify and develop methods for recycling and reusing incinerator ash or treated ash.
(c)	Recovered material is not subject to regulation as solid waste under this Article.  In order for a material that would otherwise be regulated as solid waste to qualify as a recovered material, the Department may require any person who owns or has control over the material to demonstrate that the material meets the requirements of this subsection.  In order to protect public health and the environment, the Commission may adopt rules to implement this subsection.  In order to qualify as a recovered material:
(1)	A majority of the recovered material at a facility shall be sold, used, or reused within one year;
(2)	The recovered material or the products or by-products of operations that process recovered material shall not be discharged, deposited, injected, dumped, spilled, leaked, or placed into or upon any land or water so that the products or by-products or any constituent thereof may enter other lands or be emitted into the air or discharged into any waters including groundwaters, or otherwise enter the environment or pose a threat to public health and safety; and
(3)	The recovered material shall not be a hazardous waste or have been recovered from a hazardous waste."
Sec. 10.  G.S. 130A-309.06 reads as rewritten:
"§ 130A-309.06.  Additional powers and duties of the Department.
(a)	In addition to other powers and duties set forth in this Part, the Department shall:
(1)	Develop a comprehensive solid waste management plan consistent with this Part.  The plan shall be developed in consultation with units of local government and shall be updated at least every three years.  In developing the State solid waste management plan, the Department shall hold public hearings around the State and shall give notice of these public hearings to all units of local government and regional planning agencies.
(2)	Provide guidance for the orderly collection, transportation, storage, separation, processing, recovery, recycling, and disposal of solid waste throughout the State.
(3)	Encourage coordinated local activity for solid waste management within a common geographical area.
(4)	Provide planning, technical, and financial assistance to units of local government and State agencies for reduction, recycling, reuse, and processing of solid waste and for safe and environmentally sound solid waste management and disposal.
(5)	Cooperate with appropriate federal agencies, local governments, and private organizations in carrying out the provisions of this Part.
(6)	Promote and assist the development of solid waste reduction, recycling, and resource recovery programs that preserve and enhance the quality of the air, water, and other natural resources of the State.
(7)	Maintain a directory of recycling and resource recovery systems in the State and provide assistance with matching recovered materials with markets.
(8)	Manage a program of grants for programs for recycling and special waste management, and for programs that provide for the safe and proper management of solid waste.
(9)	Provide for the education of the general public and the training of solid waste management professionals to reduce the production of solid waste, to ensure proper processing and disposal of solid waste, and to encourage recycling and solid waste reduction.
(10)	Develop descriptive literature to inform units of local government of their solid waste management responsibilities and opportunities.
	(12)	Provide and maintain recycling bins for the collection and recycling of newspaper, aluminum cans, glass containers, and recyclable plastic beverage containers at the North Carolina Zoological Park.
(13)	Identify, based on reports required under G.S. 130A-309.14 and any other relevant information, those materials in the municipal solid waste stream that are marketable in the State or any portion thereof and that should be recovered from the waste stream prior to treatment or disposal.
(14)	Identify and analyze, with assistance from the Department of Commerce pursuant to G.S. 130A-309.14, components of the State's recycling industry and present and potential markets for recyclable materials in this State, other states, and foreign countries.
(b)	The Department may refuse to issue a permit to an applicant who by past conduct in this State has repeatedly violated related statutes, rules, orders, or permit terms or conditions relating to any solid waste management facility and who is deemed by the Department to be responsible for the violations.  For the purpose of this subdivision, an applicant includes the owner or operator of the facility, or, if the owner or operator is a business entity, the parent of the subsidiary corporation, a partner, a corporate officer or director, or a stockholder holding more than fifty percent (50%) of the stock of the corporation.
(c)	The Department shall prepare by 1 March of each year a report on the status of solid waste management efforts in the State.  The scope of the report shall be determined by the resources available to the Department for its preparation and, to the extent possible, shall include:
(1)	A comprehensive analysis, to be updated in each report, of solid waste generation and disposal in the State projected for the 20-year period beginning on 1 July 1991.
(2)	The total amounts of solid waste recycled and disposed of and the methods of solid waste recycling and disposal used during the calendar year prior to the year in which the report is published.
(3)	An evaluation of the development and implementation of local solid waste management programs and county and municipal recycling programs.
(4)	An evaluation of the success of each county or group of counties in meeting the municipal solid waste reduction goal established in G.S. 130A-309.04.
(5)	Recommendations concerning existing and potential programs for solid waste reduction and recycling that would be appropriate for units of local government and State agencies to implement to meet the requirements of this Part.
(6)	An evaluation of the markets for recycled materials and the success of State, local, and private industry efforts to enhance the markets for these materials.
(7)	Recommendations to the Governor and the Environmental Review Commission to improve the management and recycling of solid waste in the State, including any proposed legislation to implement the recommendations.
(d)	The Department shall prepare a report assessing the recycling industry and recyclable materials markets in the State every two years, and shall submit the report to the Environmental Review Commission on or before 1 March of even-numbered years.  The report shall include information on progress in recycling polystyrene in the State."
Sec. 11.  G.S. 130A-309.07 reads as rewritten:
"§ 130A-309.07.  State solid waste management plan.
The State solid waste management plan shall include, at a minimum:
(1)	Procedures to encourage cooperative efforts in solid waste management by counties and municipalities and groups of counties and municipalities where appropriate, including the establishment of joint agencies pursuant to G.S. 160A-462.
(2)	Provisions for the continuation of existing effective regional resource recovery, recycling, and solid waste management facilities and programs.
(3)	Planning guidance and technical assistance to counties and municipalities to aid in meeting the municipal solid waste reduction goals established in G.S. 130A-309.04.
(4)	Planning guidance and technical assistance to counties and municipalities to assist the development and implementation of solid waste reduction programs.
(5)	Technical assistance to counties and municipalities in determining the full cost for solid waste management as required in G.S. 130A-309.08.
(6)	Planning guidance and technical assistance to counties and municipalities to assist the development and implementation of programs for alternative disposal, processing, or recycling of the solid wastes prohibited from disposal in landfills pursuant to G.S 130A-309.10 and for special wastes.
(7)	A public education program, to be developed in cooperation with the Department of Public Instruction, units of local government, other State agencies, and business and industry organizations, to inform the public of the need for and the benefits of recycling solid waste and reducing the amounts of solid and hazardous waste generated and disposed of in the State.  The public education program shall be implemented through public workshops and through the use of brochures, reports, public service announcements, and other materials.
(8)	Provisions to encourage partnerships between the public and private sectors that strengthen the supply of, and demand for, recyclable materials and that foster opportunities for economic development from the recovery and reuse of materials."
Sec. 12.  G.S. 130A-309.08 reads as rewritten:
"§ 130A-309.08.  Determination of cost for solid waste management; local solid waste management fees.
(a)	Each county and each municipality shall annually determine the full cost for solid waste management within the service area of the county or municipality for the preceding year.  The Commission shall establish by rule the method for units of local government to use in calculating full cost.  
(b)	Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, of the full cost for solid waste management as determined pursuant to subsection (a) of this section.  Counties shall provide the information required of municipalities only to residential and nonresidential users of solid waste management services within the county's service area that are not served by a municipality.  Municipalities shall include costs charged to them or to persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users of solid waste management services.  Counties and municipalities are encouraged to operate their solid waste management systems through use of an enterprise fund.
(c)	For purposes of this section, 'service area' means the area in which the county or municipality provides, directly or by contract, solid waste management services.  The provisions of this section shall not be construed to require a person operating under a franchise contract or other agreement to collect or dispose of solid waste within the service area of a county or municipality to make the calculations or to establish a system to provide the information required under this section, unless such person agrees to do so as part of such franchise contract or other agreement.
(d)	A county may charge fees for the collection, processing, or disposal of solid waste as provided in Article 15 of Chapter 153A of the General Statutes.  A city may charge fees for the collection, processing, or disposal of solid waste as provided in Article 16 of Chapter 160A of the General Statutes.
		."
Sec. 13.  G.S. 130A-309.09A reads as rewritten:
"§ 130A-309.09A.  Local government solid waste responsibilities.
(a)	The governing board of each unit of local government shall assess local solid waste collection services and disposal capacity and shall determine the adequacy of collection services and disposal capacity to meet local needs and to protect human health and the environment.  Each unit of local government shall implement programs and take other actions that it determines are necessary to address deficiencies in service or capacity required to meet local needs and to protect human health and the environment.  A unit of local government may adopt ordinances governing the disposal, in facilities that it operates, of solid waste generated outside of the area designated to be served by the facility.  Such ordinances shall not be construed to apply to privately operated disposal facilities located within the boundaries of the unit of local government.  
(b)	
Each unit of local government, either individually or in cooperation with other units of local government, shall develop a 10-year comprehensive solid waste management plan.  Units of local government shall make a good-faith effort to achieve the State's forty percent (40%) municipal solid waste reduction goal and to comply with the State's comprehensive solid waste management plan.  Each unit of local government shall develop its solid waste management plan with public participation, including, at a minimum, one advertised public meeting.  The Department shall assist units of local government in the preparation of the plan required by this subsection if the unit of local government requests assistance.  Each plan shall be updated at least every three years.  In order to assure compliance with this subsection, each unit of local government shall provide the Department with a copy of its current plan upon request by the Department.  Each plan shall:
(1)	Evaluate the solid waste stream in the geographic area covered by the plan.
(2)	Include a goal for the reduction of municipal solid waste on a per capita basis by 30 June 2001 and a goal for the further reduction of municipal solid waste by 30 June 2006.  The solid waste reduction goals shall be determined by the unit or units of local government that prepare the plan, and shall be determined so as to assist the State, to the maximum extent practical, to achieve the State's forty percent (40%) municipal solid waste reduction goal as set out in G.S. 130A-309.04(c).
(3)	Be designed to achieve the solid waste reduction goals established by the plan.
(4)	Include a description of the process by which the plan was developed, including provisions for public participation in the development of the plan.
(5)	Include an assessment of current programs and a description of intended actions with respect to the following solid waste management methods:
a.	Reduction at the source.
b.	Collection.
c.	Recycling and reuse.
d.	Composting and mulching.
e.	Incineration with energy recovery.
f.	Incineration without energy recovery.
g.	Transfer outside the geographic area covered by the plan.
h.	Disposal.
(6)	Include an assessment of current programs and a description of intended actions with respect to:
a.	Education with the community and through the schools.
b.	Management of special wastes.
c.	Prevention of illegal disposal and management of litter.
d.	Purchase of recycled materials and products manufactured with recycled materials.
(7)	Include a description and assessment of the full cost of solid waste management, including the costs of collection, disposal, waste reduction, and other programs, and of the methods of financing those costs.
(8)	Consider the use of facilities and other resources for management of solid waste that may be available through private enterprise.
			(d)	In order to assess the progress in meeting the goal set out in G.S. 130A-309.04, each unit of local government shall report to the Department on the solid waste management programs and waste reduction activities within the unit of local government by 1 September of each year.  At a minimum, the report shall include:
(1)	A description of public education programs on recycling.
(2)	The amount of solid waste received at municipal solid waste management facilities, by type of solid waste.
(3)	The amount and type of materials from the solid waste stream that were recycled.
(4)	The percentage of the population participating in various types of recycling activities instituted.
(5)	The annual reduction in municipal solid waste, measured as provided in G.S. 130A-309.04.
(6)	 Information regarding programs and other actions implemented as part of the local comprehensive solid waste management plan.
(7)	 A statement of the costs of solid waste management programs implemented by the unit of local government and the methods of financing those costs.
	(f)	Each operator of a municipal solid waste management facility shall weigh all solid waste when it is received.
(g)	A unit of local government that is a collector of municipal solid waste shall not knowingly collect for disposal, and the owner or operator of a municipal solid waste management facility that is owned or operated by a unit of local government shall not knowingly dispose of, any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance:
(1)	Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste.
(2)	Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste."
Sec. 14.  G.S. 130A-309.09B reads as rewritten:
"§ 130A-309.09B.  Local government waste reduction programs.
(a)	Each unit of local government shall establish and maintain a solid waste reduction program that will enable the unit of local government to meet the local solid waste reduction goals established pursuant to G.S. 130A-309.09A(b)(2).  The following requirements shall apply:
(1)	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, provided that demolition debris may not be placed in the waters of the State or at or below the seasonal high water table.
(2)	Repealed by Session Laws 1991, c. 621, s. 8.
(3)	Units of local government are encouraged to separate marketable plastics, glass, metal, and all grades of paper for recycling prior to final disposal and are further encouraged to recycle yard trash and other organic solid waste into compost available for agricultural and other acceptable uses.
(b)	To the maximum extent practicable, units of local government should participate in the preparation and implementation of joint waste reduction and solid waste management programs, whether through joint agencies established pursuant to G.S. 153A-421, G.S. 160A-462, or any other means provided by law.  Nothing in a county's solid waste management or waste reduction program shall affect the authority of a municipality to franchise or otherwise provide for the collection of solid waste generated within the boundaries of the municipality.
			(f)	A county or counties and its or their municipalities may jointly determine, through a joint agency established pursuant to G.S. 153A-421 or G.S. 160A-462, which local governmental agency shall administer a solid waste management or waste reduction program.
	."
Sec. 15.  G.S. 130A-309.09C(g) reads as rewritten:
"(g)	In addition to any other penalties provided by law, a unit of local government that does not comply with the requirements of G.S. 130A-309.09A(b) and G.S. 130A-309.09B(a) shall not be eligible for grants from the Solid Waste Management Trust Fund, the Scrap Tire Disposal Account, or the White Goods Management Account and shall not receive the proceeds of the scrap tire disposal tax imposed by Article 5B of Chapter 105 of the General Statutes or the proceeds of the white goods disposal tax imposed by Article 5C of Chapter 105 of the General Statutes to which the unit of local government would otherwise be entitled.  The Secretary shall notify the Secretary of Revenue to withhold payment of these funds to any unit of local government that fails to comply with the requirements of G.S. 130A-309.09A(b) and G.S. 130A-309.09B(a).  Proceeds of the scrap tire disposal tax that are withheld pursuant to this subsection shall be credited to the Scrap Tire Disposal Account and may be used as provided in G.S. 130A-309.63.  Proceeds of the white goods disposal tax that are withheld pursuant to this subsection shall be credited to the White Goods Management Account and may be used as provided in G.S. 130A-309.83."
Sec. 16.  G.S. 130A-309.09D reads as rewritten:
"§ 130A-309.09D.  Responsibilities of generators of municipal solid waste owners and operators of privately owned solid waste management facilities and collectors of municipal solid waste.
(a)	A generator of municipal solid waste shall not knowingly dispose of, a collector of municipal solid waste shall not knowingly collect for disposal, and the owner or operator of a privately owned or operated municipal solid waste management facility shall not knowingly dispose of, any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance:
(1)	Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste.
(2)	Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste.
(b)	On or before 1 August, the owner or operator of a privately owned solid waste management facility shall report to the Department, for the previous year beginning 1 July and ending 30 June, the amount by weight of the solid waste that was received at the facility and disposed of in a landfill, incinerated, or converted to fuel.  To the maximum extent practicable, the reports shall indicate by weight the county of origin of all solid waste.  The owner or operator shall transmit a copy of the report to the county in which the facility is located and to each county from which solid waste originated.
(c)	A generator of industrial solid waste that owns and operates an industrial solid waste facility for the management of industrial solid waste generated by that generator shall develop a 10-year waste management plan.  The plan shall be updated at least every three years.  In order to assure compliance with this subsection, each generator to which this subsection applies shall provide the Department with a copy of its current plan upon request by the Department.  Each generator to which this subsection applies shall file a report on its implementation of the plan required by this subsection with the Department by 1 August of each year.  A generator to which this subsection applies may provide the Department with a copy of a current plan prepared pursuant to an ordinance adopted by a unit of local government or prepared for any other purpose if the plan meets the requirements of this subsection.  The plan shall have the following components:
(1)	A waste reduction goal established by the generator.
(2)	Options for the management and reduction of wastes evaluated by the generator.
(3)	A waste management strategy, including plans for waste reduction and waste disposal, for the 10-year period covered by the plan."
Sec. 17.  G.S. 130A-309.10 reads as rewritten:
"§ 130A-309.10.  Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited.
(a)	No beverage shall be sold or offered for sale within the State in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.
(b)	No person shall distribute, sell, or offer for sale in this State, any product packaged in a container or packing material manufactured with fully halogenated chlorofluorocarbons (CFC).  Producers of containers or packing material manufactured with chlorofluorocarbons (CFC) are urged to introduce alternative packaging materials that are environmentally compatible.
(c)	(1)	No plastic bag shall be provided at any retail outlet to any retail customer to use for the purpose of carrying items purchased by that customer unless the bag is composed of material that is recyclable.  
(2)	It is the goal of the State that at least twenty-five percent (25%) of the plastic bags provided at retail outlets in the State to retail customers for carrying items purchased by the customer be recycled.
(d)	(1)	No person shall distribute, sell, or offer for sale in this State any polystyrene foam product that is to be used in conjunction with food for human consumption unless the product is composed of material that is recyclable.
(2)	Repealed by Session Laws 1995, c. 321, s. 1.
(e)	No person shall distribute, sell, or offer for sale in this State any rigid plastic container, including a plastic beverage container unless the container has a molded label indicating the plastic resin used to produce the container.  The code shall consist of a number placed within three triangulated arrows and letters placed below the triangulated arrows.  The three arrows shall form an equilateral triangle with the common point of each line forming each angle of the triangle at the midpoint of each arrow and rounded with a short radius.  The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow.  The triangle formed by the three arrows curved at their midpoints shall depict a clockwise path around the code number.  The label shall appear on or near the bottom of the container and be clearly visible.  A container having a capacity of less than eight fluid ounces or more than five gallons is exempt from the requirements of this subsection.  The numbers and letters shall be as follows:
(1)	For polyethylene terephthalate, the letters 'PETE' and the number 1.
(2)	For high density polyethylene, the letters 'HDPE' and the number 2.
(3)	For vinyl, the letter 'V' and the number 3.
(4)	For low density polyethylene, the letters 'LDPE' and the number 4.
(5)	For polypropylene, the letters 'PP' and the number 5.
(6)	For polystyrene, the letters 'PS' and the number 6.
(7)	For any other, the letters 'OTHER' and the number 7.
(f)	No person shall knowingly dispose of the following solid wastes in landfills:
(1)	Repealed by Session Laws 1991, c. 375, s. 1.
(2)	Used oil.
(3)	Yard trash, except in landfills approved for the disposal of yard trash under rules adopted by the Commission.  Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.
(4)	White goods.
(5)	Antifreeze (ethylene glycol).
(6)	Aluminum cans.
(7)	Whole scrap tires, as provided in G.S. 130A-309.58(b).  The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings.
(8)	Lead-acid batteries, as provided in G.S. 130A-309.70.
(f1)	No person shall knowingly dispose of the following solid wastes by incineration in an incinerator for which a permit is required under this Article:
(1)	Antifreeze (ethylene glycol) used solely in motor vehicles.
(2)	Aluminum cans.
	(4)	White goods.
(5)	Lead-acid batteries, as provided in G.S. 130A-309.70.
(f2)	Subsection (f1) of this section shall not apply to solid waste incinerated in an incinerator solely owned and operated by the generator of the solid waste.  Subsection (f1) of this section shall not apply to antifreeze (ethylene glycol) that cannot be recycled or reclaimed to make it usable as antifreeze in a motor vehicle.
	(h)	The accidental or occasional disposal of small amounts of prohibited solid waste by landfill or incineration shall not be construed as a violation of subsection (f) or (f1) of this section."
Sec. 18.  G.S. 130A-309.11 reads as rewritten:
"§ 130A-309.11.  Compost standards and applications.
(a)	In order to protect the State's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management facilities in the State must meet criteria established by the Department.
(b)	The Commission shall adopt rules to establish standards for the production of compost.  Rules shall be adopted not later than 24 months after the initiation of rule making.  Such rules shall include:
(1)	Requirements necessary to produce hygienically safe compost products for varying applications.
(2)	A classification scheme for compost based on:
a.	The types of waste composted, including at least one type containing only yard trash;
b.	The maturity of the compost, including at least three degrees of decomposition for fresh, semi-mature, and mature; and
c.	The levels of organic and inorganic constituents in the compost.
(c)	The compost classification scheme shall address:
(1)	Methods for measurement of the compost maturity.
(2)	Particle sizes.
(3)	Moisture content.
(4)	Average levels of organic and inorganic constituents, including heavy metals, for such classes of compost as the Department establishes, and the analytical methods to determine those levels.
(d)	The Commission shall adopt rules to prescribe the allowable uses and application rates of compost.  Rules shall be adopted not later than 24 months after the initiation of rule making.  Such rules shall be based on the following criteria:
(1)	The total quantity of organic and inorganic constituents, including heavy metals, allowed to be applied through the addition of compost to the soil per acre per year.
(2)	The allowable uses of compost based on maturity and type of compost.
(e)	If compost is produced which does not meet the criteria prescribed by the Department for agricultural and other use, the compost must be reprocessed or disposed of in a manner approved by the Department, unless a different application is specifically permitted by the Department."
Sec. 19.  G.S. 130A-309.25(c) reads as rewritten:
"(c)	A person may not perform the duties of an operator of a solid waste management facility after 1 January 1998, unless he has completed an operator training course approved by the Department.  An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless the person has completed an approved solid waste management facility operator training course."
Sec. 20.  G.S. 130A-309.26(b) reads as rewritten:
"(b)	It is the intent of the General Assembly to protect the public health by establishing standards for the safe packaging, storage, treatment, and disposal of medical waste.  The Commission shall adopt and the Department shall enforce rules for the packaging, storage, treatment, and disposal of:
(1)	Medical waste at facilities where medical waste is generated;
(2)	Medical waste from the point at which the waste is transported from the facility where it was generated;
(3)	On-site and off-site treatment of medical waste; and
(4)	The off-site transport, storage, treatment or disposal of medical waste."
Sec. 21.  G.S. 130A-309.53(7) reads as rewritten:
"(7)	'Tire' means a continuous solid or pneumatic rubber covering that encircles the wheel of a vehicle.  Bicycle tires and other tires for vehicles propelled by human power are not subject to the provisions of this Part."
Sec. 22.  G.S. 130A-309.58(b) reads as rewritten:
"(b)	The Commission may adopt rules approving other permissible methods of scrap tire disposal.  Landfilling of whole scrap tires is prohibited.  The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings."
Sec. 23.  G.S. 130A-309.63(e) reads as rewritten:
"(e)	Reports. – The Department shall report annually on the Scrap Tire Disposal Account to the Environmental Review Commission.  The report shall be submitted by 1 October of each year for the fiscal year ending the preceding 30 June.  The report shall show the beginning and ending balances in the Account for the reporting period, the amount credited to the Account during the reporting period, and the amount of revenue used for grants and to clean up nuisance tire collection sites.  "
Sec. 24.  G.S. 130A-309.83 reads as rewritten:
"§ 130A-309.83.  (Repealed effective July 1, 1999) White Goods Management Account.
(a)	The White Goods Management Account is established within the Department.  The Account consists of revenue credited to the Account from the proceeds of the white goods disposal tax imposed by Article 5C of Chapter 105 of the General Statutes.
(b)	The Department shall use revenue in the Account to make grants to units of local government to assist them in managing discarded white goods.  To administer the grants, the Department shall establish procedures for applying for a grant and the criteria for selecting among grant applicants.  The criteria shall include the financial ability of a unit to manage white goods, the severity of a unit's white goods management problem, and the effort made by a unit to manage white goods within the resources available to it.
(c)	A unit of local government is not eligible for a grant unless its costs of managing white goods for a six-month period preceding the date the unit files an application for a grant exceeded the amount the unit received during that period from the proceeds of the white goods disposal tax under G.S. 105-187.24.  The Department shall determine the six-month period to be used in determining who is eligible for a grant.  A grant to a unit may not exceed the unit's unreimbursed cost for the six-month period.
(d)	If a unit of local government anticipates that its costs of managing white goods during a six-month period will exceed the amount the unit will receive during that period because the unit will make a capital expenditure for the management of white goods or because the unit will incur other costs resulting from improvements to that unit's white goods management program, the unit may request that the Department make an advance determination that the costs are eligible to be paid by a grant from the White Goods Management Account and that there will be sufficient funds available in the Account to cover those costs.  If the Department determines that the costs are eligible for reimbursement and that funds will be available, the Department shall reserve funds for that unit of local government in the amount necessary to reimburse allowable costs.  The Department shall notify the unit of its determination and fund availability within 60 days of the request from the unit of local government.  This subsection applies only to capital expenditures for the management of white goods and to costs resulting from improvements to a unit's white goods management program."
Sec. 25.  G.S. 130A-309.85 reads as rewritten:
"§ 130A-309.85.  (Effective until July 1, 1999) Department to submit annual report on the management of white goods.
The Department shall report annually to the Environmental Review Commission concerning the management of white goods.  The report shall be submitted by 1 October of each year for the fiscal year ending on the preceding 30 June.  The report shall include the following information:
(1)	The amount of taxes collected and distributed under G.S. 105-187.24 during the period covered by the report.
(2)	The cost to each county of managing white goods during the period covered by the report.
(3)	The beginning and ending balances of the White Goods Management Account for the period covered by the report and a list of grants made from the Account for the period.
(4)	Any other information the Department considers helpful in understanding the problem of managing white goods."
Sec. 26.  G.S. 130A-309.85 reads as rewritten:
"§ 130A-309.85.  (Effective July 1, 1999) Department to submit annual report on the management of white goods.
The Department shall report annually to the Environmental Review Commission concerning the management of white goods.  The report shall be submitted by 1 October of each year for the fiscal year ending on the preceding 30 June.  The report shall include the cost to each county of managing white goods during the period covered by the report, the additional fees on white goods collected by each county during the period covered by the report, and any other information the Department considers helpful in understanding the problem of managing white goods."
Sec. 27.  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 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 provided by the county, 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 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 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 provided by the county.  The fee for use may not exceed the cost of operating the facility and may be imposed only on those who use the facility.  The fee for use may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal.  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 provided by the county.  A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the county that benefits from the availability of the facility.  A county may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the county.  Property served by a private contractor who disposes of 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.
In determining the costs of providing and operating a disposal facility, a county may consider solid waste management costs incidental to a county's handling and disposal of solid waste at its disposal facility, including the costs of the methods of solid waste management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989.  A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the county.
(c)	The board of county commissioners may use any suitable vacant land owned by the county for the site of a disposal facility, subject to the permit requirements of Article 9 of Chapter 130A of the General Statutes.  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.
(d),(e)	Repealed by Session Laws 1991, c. 652, s. 1.
(f)	This section does not prohibit a county from providing aid to low-income persons to pay all or part of the cost of solid waste management services for those persons."
Sec. 28.  G.S. 160A-314 is amended by adding a new subsection to read:
"(a2)	A fee for the use of a disposal facility provided by the city may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal.  This section does not prohibit a city from providing aid to low-income persons to pay all or part of the cost of solid waste management services for those persons."
Sec. 29.  Section 2 of Chapter 321 of the 1995 Session Laws in repealed.
Sec. 30.  (a)  Each unit of local government shall adopt a resolution approving the comprehensive solid waste management plan required by G.S. 130A-309.09A(b), as amended by Section 13 of this act, and shall begin implementation of the plan by 1 July 1997.  Units of local government that prepared a solid waste management plan pursuant to G.S. 130A-309.09A(b) prior to the date this act becomes effective may, in lieu of developing a new plan, update their existing plan to meet the requirements of G.S. 130A-309.09A(b), as amended by Section 13 of this act.
(b)	A generator of industrial waste who is required to develop a solid waste management plan by G.S. 130A-309.09D(c), as enacted by Section 16 of this act, is not required to complete the plan until 1 July 1997, and is not required to file a report on the implementation of the plan with the Department of Environment, Health, and Natural Resources until 1 August 1998.
Sec. 31.  This act becomes effective 1 October 1996.
In the General Assembly read three times and ratified this the 20th day of June, 1996.

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Dennis A. Wicker
President of the Senate

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Harold J. Brubaker
Speaker of the House of Representatives