A BILL TO BE ENTITLED
AN ACT to create a statewide tipping fee on the disposal and transfer of municipal solid waste and to direct that funds collected from the tipping fee be used to address the environmental and economic impacts of solid waste and to establish a fee schedule for solid waste management facilities' permits.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2A of Article  9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑309.08A.  Solid waste disposal fee; use of proceeds.
(a)	Fee Imposed. – A fee of two dollars ($2.00) per ton of waste is imposed on the disposal of municipal solid waste in any landfill permitted pursuant to this Part. A fee of two dollars ($2.00) per ton of waste is imposed on the transfer of solid waste to a transfer station permitted pursuant to this Part for disposal outside the State.
(b)	Determination and Payment of Fee. – The owner or operator of each landfill and transfer station permitted pursuant to this Part shall maintain scales, designed to determine waste tonnage, that are approved by the Department of Agriculture and Consumer Services. Each owner or operator shall record waste tonnage at the time the waste is received and calculate and record the fees due under this section for each quarter of the calendar year on forms approved by the Department. Each owner or operator shall provide these completed forms, report the total number of tons of waste received, and pay the fees due for each quarter of the calendar year to the Department no later than the 15th day of the following calendar month. The Department shall credit all fees received under this section to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A‑310.11.
(c)	Use of Proceeds. – The Department shall use the proceeds of the fees imposed by this section for purposes of addressing the environmental and economic impacts of solid waste disposal, including remediation of contamination resulting from disposal of solid waste, redevelopment of contaminated sites, and support for local government solid waste reduction and recycling initiatives."
SECTION 2.  G.S. 130A‑310.11 reads as rewritten:
"§ 130A‑310.11.  Inactive Hazardous Sites Cleanup Fund created.
(a)	There is established under the control and direction of the Department the Inactive Hazardous Sites Cleanup Fund. This fund shall be a revolving fund consisting of any monies appropriated for such purpose by the General Assembly or available to it from grants, fees, and other monies paid to it or recovered by or on behalf of the Department. The Inactive Hazardous Sites Cleanup Fund shall be treated as a nonreverting special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147‑69.2 and G.S. 147‑69.3.
(b)	Funds credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 130A‑309.8A shall be used only as provided in G.S. 130A‑309.08A(c)."
SECTION 3.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑293.1.  Fees applicable to permits for solid waste management facilities.
(a)	It is the intent of the General Assembly that the fee system established by this section is solely to provide funding in addition to State appropriations to support the State's solid waste management program.
(b)	The Solid Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used for personnel and other resources necessary to do any one or more of the following:
(1)	Provide a high level of professional review and consideration of permit applications for solid waste landfills and other solid waste management facilities.
(2)	Provide timely review of permit applications.
(3)	Provide improved monitoring and compliance of solid waste management facilities.
(4)	Provide review and update of rules recognizing advances in technology and research to better protect public health and the environment.
(c)	Applicants for permits shall pay an application fee according to the following schedule:

Facility/Fee Type		Fee 
Municipal Solid Waste	New Permit	$25,000
Landfill accepting less than
100,000 tons/year of solid
waste					   Amendment		$15,000
		Modification	  $1,500

Municipal Solid Waste	New Permit	$50,000
Landfill accepting 100,000
tons/year or more of solid
waste
		Amendment	$30,000
		Modification	  $3,000

Construction and Demolition	New Permit	$15,000
and Industrial Landfills       accepting less than 100,000 	   Amendment	  $9,000
tons/year of solid waste	Modification	  $1,500

Construction and Demolition	New Permit	$30,000
and Industrial Landfills
accepting 100,000 tons/year
or more 	   Amendment	$18,500
		Modification	  $2,500

Tire Monofill	New Permit	  $2,000
		Amendment	  $1,200
		Modification	     $500

Treatment and Processing	New Permit	  $2,000
Facility for Construction and
Demolition Waste, Medical
Waste, Land Clearing and	Amendment	  $1,200
Inert Debris, and	Modification	     $500
Industrial Waste

Transfer Stations	New Permit	  $5,000
		Amendment	  $3,000
		Modification	     $750

Incinerator	New Permit	  $2,000
		Amendment	  $1,200
		Modification	     $500

Large Compost Facility	New Permit	  $2,000
		Amendment	  $1,200
		Modification	     $500

Land Clearing and Inert	New Permit	  $1,000
Debris Landfill
		Amendment	     $500
		Modification	     $250

(d)	The application permit fee under this section shall be payable upon submission of the initial permit application.
(e)	A permitted solid waste management facility shall pay an annual permit fee on or before August 1 of each year according to the following schedule:

Facility/Fee Type		Fee
Municipal Solid Waste	Annual	  $3,000
Landfill
		Post‑Closure	  $1,000
Construction and	Annual	  $2,500
Demolition Landfill and
Industrial Landfill
		Post‑Closure	  $1,000
Transfer Station	Annual	     $750

Treatment and Processing	Annual	     $500
Facility

Tire Monofill	Annual	  $1,000

Incinerators	Annual	  $1,000

Large Compost Facility	Annual	     $500

Land Clearing and Inert	Annual	     $500
Debris Landfill

(f)	As used in this section, the flowing definitions apply:
(1)	'New permit' means all of the following:
a.	An application for a new solid waste management facility not previously permitted by the Department.
b.	An application that proposes to expand the boundary of a permitted waste management facility for the purpose of expanding the permitted activity.
c.	Any application that includes a proposed expansion to the boundary of a waste disposal unit within an existing permitted solid waste management facility.
d.	Any application that proposes a transfer of ownership of a permitted solid waste management facility.
e.	An application for a substantial amendment to a solid waste permit, as defined in G.S. 130A‑294(b1).
(2)	'Permit amendment' means all of the following:
a.	An application for a permit to construct for the second and subsequent phases of landfill development depicted in the approved facility plan for an existing sanitary landfill permit.
b.	An application for a renewal or a permit review every five years after issuance of the existing solid waste management facility permit, as required by rule.
(3)	'Permit modification' means an application for any change to the plans approved in the existing permit for a solid waste management facility that does not constitute a 'permit amendment' or a 'new permit' except that a new permit application that only proposes to transfer ownership of a permitted solid waste management facility shall be a permit modification for purposes of this section."
SECTION 4.  The Environmental Management Commission may adopt rules to implement this act.
SECTION 5.  Section 1 of this act becomes effective January 1, 2007.  Sections 2 through 7 of this act are effective when it becomes law. Notwithstanding G.S. 130A‑291.3(c), as enacted by Section 3 of this act, the fee for any application on file as of the date of enactment is due within 60 days of enactment or prior to receipt of the permit, whichever occurs first.