A BILL TO BE ENTITLED
AN ACT to establish timetables for the department of environment and natural resources to act on an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill and to appropriate funds.
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑295.2.  Permit review and determination timetables for sanitary landfills.
(a)	An application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall consist of three parts: a notice of intent to apply for a permit for a sanitary landfill; an administrative application; and a technical application. Nothing in this section shall prohibit an applicant from submitting more than one part at one time.
(b)	An applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall submit to the Department a notice of intent to apply for a permit for a sanitary landfill. The notice of intent shall contain information specified by the Department. The Department shall within 30 working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's notice of intent. If the notice of intent is not complete, the Department shall state in writing the information necessary to complete the notice of intent, and the 30‑day time period shall be tolled until such time as the applicant responds. The Department shall notify the applicant of the approval or disapproval of the applicant's notice of intent by certified mail, return receipt requested. If the Department disapproves a notice of intent to apply for a solid waste permit, it shall state in writing its reasons for the disapproval.
(c)	The applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall submit an administrative application for a sanitary landfill consistent with the notice of intent to apply for a permit for a sanitary landfill. The administrative application shall contain information specified by the Department. The Department shall within 60 working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's administrative application. If the administrative application is not complete, the Department shall state in writing the information necessary to complete the administrative application, and the 60‑day time period shall be tolled until such time as the applicant responds. The Department shall notify the applicant of the approval or disapproval of the applicant's administrative application by certified mail, return receipt requested. If the Department disapproves an administrative application for a sanitary landfill, it shall state in writing its reasons for the disapproval.
(d)	The applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall submit a technical application for a sanitary landfill consistent with the administrative application. The technical application shall contain information specified by the Department. The Department shall within 90 working days of receipt notify the applicant by certified mail, return receipt requested, of the approval or disapproval of the applicant's technical application. If the technical application is not complete, the Department shall state in writing the information necessary to complete the technical application, and the 90‑day time period shall be tolled until such time as the applicant responds. The Department shall notify the applicant of the approval or disapproval of the applicant's technical application by certified mail, return receipt requested. If the Department disapproves a technical application for a sanitary landfill, it shall state in writing its reasons for the disapproval.
(e)	The permit review process for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, from the date of receipt of the notice of intent to the date the Department issues a draft permit to construct a sanitary landfill, or denies the application, shall not exceed 210 calendar days, unless the Department and applicant agree otherwise.
(f)	If the Department does not request additional information or notify the applicant of the disapproval of the notice of intent or administrative application for a sanitary landfill within the time periods specified in this section, that portion of the application under review shall be deemed complete and approved, unless the Department and applicant agree otherwise.
(g)	During construction of a liner system in a sanitary landfill, the Department shall periodically conduct inspections to verify that construction is being made in accordance with rules adopted by the Department and conditions contained in the permit. Except as otherwise provided in this section, the permittee shall not commence installation of any synthetic liner prior to a final inspection of any soil liner. The Department shall respond to any request for an inspection within two working days of the request. If the Department fails to inspect within two working days, the permittee may proceed to the next phase of construction, including installation of a synthetic liner, after submitting certification from a professional engineer licensed under Chapter 89C of the General Statutes that construction has been completed in accordance with applicable regulations and permit conditions. All inspections conducted for the Department shall be performed by a professional engineer licensed under Chapter 89C of the General Statutes.
(h)	An applicant who is issued a permit to construct or expand a sanitary landfill, when the expansion results in substantial additional capacity, shall be issued a permit to operate in the areas included under the construction permit without further action when:
(1)	The applicant submits a certification by a professional engineer licensed under Chapter 89C of the General Statutes that the liner system and facilities are constructed in accordance with the approved plans and specifications.
(2)	A professional engineer for the Department inspects the facility and verifies in writing within 10 days of the submission of the engineer certification that the facility has been developed according to plans and that necessary equipment is available to operate the facility.
(3)	The required financial responsibility for closure has been established in an amount determined under rules developed under G.S. 130A‑294(b).
(i)	The official date of receipt for documents associated with an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall be the date the document is stamped received by the Division of Waste Management. The applicant shall have the burden of establishing that the application is in compliance with this section and rules adopted pursuant to this section.
(j)	The time periods under this section shall not run starting from the date the Department mails or hand delivers a notice of deficiency until the date the Division of Waste Management stamps as received a complete response to the deficiencies. If a notice of deficiency is sent to an applicant, the applicant shall have 180 calendar days to respond to the notice of deficiency. Failure to respond to a notice of deficiency within 180 calendar days shall be grounds for denial of the permit.
(k)	The Department shall waive the permit fee for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill for any permit not acted upon, either favorably or unfavorably, in accordance with the timetables established under this section. The approach of an impending deadline for action on a permit pursuant to these timetables shall not be a reason for denial of the permit; however, nothing in this section requires the Department to issue a permit that would violate this Part or the rules adopted pursuant to this Part.
(l)	The Department may adopt rules to implement this section."
SECTION 2.  G.S. 130A‑294(a)(4) 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. 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, except as provided in subdivisions (3) and (4) of subsection (b1) of this section and G.S. 130A‑295.2. No permit shall be granted for a solid waste management facility having discharges that 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 that will be required for the applicant to obtain a permit.
b.	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."
SECTION 3.  G.S. 130A‑294(b1) reads as rewritten:
"(b1)	(1)	For purposes of this subsection and subdivision (4) of subsection (a) of this section, a "substantial amendment" means either:
a.	An increase of ten percent (10%) or more in:
1.	The population of the geographic area to be served by the sanitary landfill;
2.	The quantity of solid waste to be disposed of in the sanitary landfill; or
3.	The geographic area to be served by the sanitary landfill.
b.	A change in the categories of solid waste to be disposed of in the sanitary landfill or any other change to the application for a permit or to the permit for a sanitary landfill that the Commission or the Department determines to be substantial.
(2)	Within 10 days after receiving a notice of intent to apply for a new permit, for the renewal of a permit, or for a substantial amendment to a permit for a sanitary landfill, the Department shall notify the clerk of the board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located and, if the sanitary landfill 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 Department approving a notice of intent to apply for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, the board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall conduct a public hearing when sufficient public interest exists. The board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall provide at least 15 days before the hearing adequate notice to the public of the public hearing and shall specify the procedure to be followed at the public hearing.
(3)	An applicant submitting a notice of intent to apply for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall obtain, prior to submitting the notice of intent to apply for a permit, a franchise for the operation of the sanitary landfill from each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located. A local government shall adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319 prior to the submittal by an applicant of a notice of intent to apply for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill. A franchise granted for a sanitary landfill shall include:
a.	A statement of the population to be served, including a description of the geographic area.
b.	A description of the volume and characteristics of the waste stream.
c.	A projection on the useful life of the landfill.
(4)	An applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall request each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located to issue a determination as to whether the local government has in effect a franchise, zoning, subdivision, or land‑use planning ordinance applicable to the sanitary landfill and whether the proposed sanitary landfill, or the existing sanitary landfill as it would be operated under the renewed or substantially amended permit, would be consistent with the applicable ordinances. The request to the local government shall be accompanied by a copy of the permit application and shall be delivered to the clerk of the local government personally or by certified mail. In order to serve as a basis for a determination that an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill is consistent with a zoning, subdivision, or land‑use planning ordinance, an ordinance or zoning classification applicable to the real property designated in the permit application shall have been in effect not less than 90 days prior to the date the request for a determination of consistency is delivered to the clerk of the local government. The determination shall be verified or supported by affidavit signed by the chief administrative officer, the chief administrative officer's designee, clerk, or other official designated by the local government to make the determination and, if the local government states that the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is inconsistent with a franchise, zoning, subdivision, or land‑use planning ordinance, shall include a copy of the ordinance and the specific reasons for the determination of inconsistency. A copy of the determination shall be provided to the applicant when the determination is submitted to the Department. The Department shall not act upon a notice of intent to apply for a permit under this section until it has received a determination from each local government requested to make a determination by the applicant; provided that if a local government fails to submit a determination to the Department as provided by this subsection within 15 days after receipt of the request, the Department shall proceed to consider the notice of intent to apply for a permit without regard to a franchise, local zoning, subdivision, and land‑use planning ordinances. Unless the local government makes a subsequent determination of consistency with all ordinances cited in the determination or the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is determined by a court of competent jurisdiction to be consistent with the cited ordinances, the Department shall attach as a condition of the permit a requirement that the applicant, prior to construction or operation of the sanitary landfill under the permit, comply with all lawfully adopted local ordinances cited in the determination that apply to the sanitary landfill. This subsection shall not be construed to affect the validity of any lawfully adopted franchise, local zoning, subdivision, or land‑use planning ordinance or to affect the responsibility of any person to comply with any lawfully adopted franchise, local zoning, subdivision, or land‑use planning ordinance. This subsection shall not be construed to limit any opportunity a local government may have to comment on a permit application under any other law or rule. This subsection shall not apply to any facility with respect to which local ordinances are subject to review under either G.S. 104E‑6.2 or G.S. 130A‑293.
(5)	As used in this subdivision, "coal‑fired generating unit" and "investor‑owned public utility" have the same meaning as in G.S. 143‑215.107D(a). Notwithstanding subdivisions (a)(4), (b1)(3), or (b1)(4) of this section, no franchise shall be required for a sanitary landfill used only to dispose of waste generated by a coal‑fired generating unit that is owned or operated by an investor‑owned utility subject to the requirements of G.S. 143‑215.107D."
SECTION 4.  There is appropriated from the General Fund to the Department of Environment and Natural Resources the sum of fifty thousand dollars ($50,000) for the 2006‑2007  fiscal year for the cost to the Department of implementing this act.
SECTION 5.  Section 4 of this act becomes effective July 1, 2006. The remaining sections of this act become effective January 1, 2007, and apply to applications for a new permit, the renewal of a permit, or a substantial amendment of a permit for a sanitary landfill issued or denied on or after that date.