GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 927

Short Title:  Small Rural Demolition Landfills.	(Public)

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Sponsors: Senator Simpson.

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Referred to:  Agriculture/Environment/Natural Resources

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May 1, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT NO PERMIT IS REQUIRED FOR SMALL LANDFILLS FOR THE DISPOSAL OF DEMOLITION DEBRIS TO BE LOCATED IN A RURAL COUNTY THAT HAS NO LICENSED DEMOLITION DEBRIS LANDFILL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-294(a)(4)a. reads as rewritten:
"(4)	a.	Develop a permit system governing the establishment and operation of solid waste management facilities.  A landfill with a disposal area of 1/2 acre or less for the on-site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A-301.1.  A landfill with a disposal area of one acre or less for the disposal of demolition debris to be located within a county with a population of 90,000 or less that has no licensed demolition debris landfill is exempt from the permit requirement of this section and shall be governed by G.S. 130A-301.2.  The Department shall not approve an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission for Health Services, except as provided in subdivisions (3) and (4) of subsection (b1) of this section.  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.  If the applicant is a unit of local government, and has not submitted a solid waste management plan that has been approved by the Department pursuant to G.S. 130A-309.09A(b), the Department may deny a permit for a sanitary landfill or a facility that disposes of solid waste by incineration, unless the Commission has not adopted rules pursuant to G.S. 130A-309.29 for local solid waste management plans.  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."
Sec. 2.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A-301.2.  Demolition debris landfills with a disposal area of one acre or less located in rural counties.
(a)	No landfill with a disposal area of one acre or less for the disposal of demolition debris to be located within a county with a population of 90,000 or less that has no licensed demolition debris landfill shall, at the time the landfill is sited, be sited 25 feet or less from a boundary of an adjacent property.
(b)	The owner of a landfill subject to this section shall file a certified copy of a survey of the property on which the landfill is located in the register of deeds' office in the county in which the property is located, which survey shall accurately show the location of the landfill and the record owner of the land on which the landfill is situated.
(c)	Prior to the lease or conveyance of any lot or tract of land that directly abuts or is contiguous to the disposal area used for demolition debris pursuant to this section, the owner of the lot or tract shall prepare a document disclosing that a portion of the property has been used as a disposal area for demolition debris or has been used to meet applicable minimum buffer requirements.  The disclosure shall include a legal description of the property that would be sufficient in an instrument of conveyance and shall be filed in the register of deeds' office prior to any lease or conveyance.
(d)	No public, commercial, or residential building shall be located or constructed immediately above any landfill subject to this section.  Construction of such buildings, with the exception of site preparation and foundation work, shall not commence until after closure of the demolition debris landfill."
Sec. 3.  This act is effective upon ratification.