(a) The Department isauthorized and directed to engage in research, conduct investigations andsurveys, make inspections and establish a statewide solid waste managementprogram. In establishing a program, the Department shall have authority to:
(1) Develop acomprehensive program for implementation of safe and sanitary practices formanagement 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 andcarrying out of a solid waste management program;
(3) Develop and adoptrules to establish standards for qualification as a "recycling, reductionor resource recovering facility" or as "recycling, reduction orresource recovering equipment" for the purpose of special taxclassifications or treatment, and to certify as qualifying those applicantswhich meet the established standards. The standards shall be developed toqualify only those facilities and equipment exclusively used in the actualwaste recycling, reduction or resource recovering process and shall exclude anyincidental or supportive facilities and equipment;
(4) a. Developa permit system governing the establishment and operation of solid wastemanagement facilities. A landfill with a disposal area of 1/2 acre or less forthe on‑site disposal of land clearing and inert debris is exempt from thepermit 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 renewalof 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 thissection. No permit shall be granted for a solid waste management facilityhaving discharges that are point sources until the Department has referred thecomplete plans and specifications to the Environmental Management Commissionand has received advice in writing that the plans and specifications areapproved in accordance with the provisions of G.S. 143‑215.1. If theapplicant is a unit of local government, and has not submitted a solid wastemanagement 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 thatdisposes of solid waste by incineration, unless the Commission has not adoptedrules pursuant to G.S. 130A‑309.29 for local solid waste managementplans. In any case where the Department denies a permit for a solid wastemanagement facility, it shall state in writing the reason for denial and shallalso state its estimate of the changes in the applicant's proposed activitiesor plans that will be required for the applicant to obtain a permit.
b. Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
c. The Department shalldeny an application for a permit for a solid waste management facility if theDepartment finds that:
1. Construction oroperation of the proposed facility would be inconsistent with or violate rulesadopted by the Commission.
2. Construction oroperation of the proposed facility would result in a violation of water qualitystandards adopted by the Environmental Management Commission pursuant to G.S.143‑214.1 for waters, as defined in G.S. 143‑213.
3. Construction oroperation of the facility would result in significant damage to ecologicalsystems, natural resources, cultural sites, recreation areas, or historic sitesof more than local significance. These areas include, but are not limited to,national or State parks or forests; wilderness areas; historic sites;recreation areas; segments of the natural and scenic rivers system; wildliferefuges, preserves, and management areas; areas that provide habitat forthreatened or endangered species; primary nursery areas and critical fisherieshabitat designated by the Marine Fisheries Commission; and Outstanding ResourceWaters designated by the Environmental Management Commission.
4. Construction oroperation of the proposed facility would substantially limit or threaten accessto or use of public trust waters or public lands.
5. The proposedfacility would be located in a natural hazard area, including a floodplain, alandslide hazard area, or an area subject to storm surge or excessive seismicactivity, such that the facility will present a risk to public health orsafety.
6. There is a practicalalternative that would accomplish the purposes of the proposed facility withless adverse impact on public resources, considering engineering requirementsand economic costs.
7. The cumulativeimpacts of the proposed facility and other facilities in the area of theproposed facility would violate the criteria set forth in sub‑sub‑subdivisions2. through 5. of this sub‑subdivision.
8. Construction oroperation of the proposed facility would be inconsistent with the State solidwaste management policy and goals as set out in G.S. 130A‑309.04 and withthe State solid waste management plan developed as provided in G.S. 130A‑309.07.
9. The cumulativeimpact of the proposed facility, when considered in relation to other similarimpacts of facilities located or proposed in the community, would have adisproportionate adverse impact on a minority or low‑income communityprotected by Title VI of the federal Civil Rights Act of 1964.
(4a) Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
(5) Repealed by SessionLaws 1983, c. 795, s. 3.
(5a) Designate ageographic area within which the collection, transportation, storage anddisposal of all solid waste generated within said area shall be accomplished inaccordance with a solid waste management plan. Such designation may be madeonly after the Department has received a request from the unit or units oflocal government having jurisdiction within said geographic area that suchdesignation be made and after receipt by the Department of a solid wastemanagement plan which shall include:
a. The existing andprojected population for such area;
b. The quantities ofsolid waste generated and estimated to be generated in such area;
c. The availability ofsanitary landfill sites and the environmental impact of continued landfill ofsolid waste on surface and subsurface waters;
d. The method of solidwaste disposal to be utilized and the energy or material which shall berecovered from the waste; and
e. Such other data thatthe Department may reasonably require.
(5b) Authorize units oflocal government to require by ordinance, that all solid waste generated withinthe designated geographic area that is placed in the waste stream for disposalbe collected, transported, stored and disposed of at a permitted solid wastemanagement facility or facilities serving such area. The provisions of suchordinance shall not be construed to prohibit the source separation of materialsfrom solid waste prior to collection of such solid waste for disposal, orprohibit collectors of solid waste from recycling materials or limit access tosuch materials as an incident to collection of such solid waste; provided suchprohibitions do not authorize the construction and operation of a resourcerecovery facility unless specifically permitted pursuant to an approved solidwaste management plan. If a private solid waste landfill shall be substantiallyaffected by such ordinance then the unit of local government adopting theordinance shall be required to give the operator of the affected landfill atleast two years written notice prior to the effective date of the proposedordinance.
(5c) Except for theauthority to designate a geographic area to be serviced by a solid wastemanagement facility, delegate authority and responsibility to units of localgovernment to perform all or a portion of a solid waste management programwithin the jurisdictional area of the unit of local government; provided thatno authority over or control of the operations or properties of one localgovernment shall be delegated to any other local government.
(5d) Require that anannual report of the implementation of the solid waste management plan withinthe designated geographic area be filed with the Department.
(6) Charge and collectfees from operators of hazardous waste disposal facilities. The fees shall beused to establish a fund sufficient for each individual facility to defray theanticipated costs to the State for monitoring and care of the facility afterthe termination of the period during which the facility operator is required byapplicable State and federal statutes, regulations or rules to remainresponsible for post‑closure monitoring and care. In establishing thefees, consideration shall be given to the size of the facility, the nature ofthe hazardous waste and the projected life of the facility.
(7) Establish andcollect annual fees from generators and transporters of hazardous waste, andfrom storage, treatment, and disposal facilities regulated under this Articleas provided in G.S. 130A‑294.1.
(a1) A permit for a solidwaste management facility may be transferred only with the approval of theDepartment.
(b) The Commissionshall adopt and the Department shall enforce rules to implement a comprehensivestatewide solid waste management program. The rules shall be consistent withapplicable State and federal law; and shall be designed to protect the publichealth, safety, and welfare; preserve the environment; and provide for thegreatest possible conservation of cultural and natural resources. Rules for theestablishment, location, operation, maintenance, use, discontinuance,recordation, post‑closure care of solid waste management facilities alsoshall be based upon recognized public health practices and procedures,including applicable epidemiological research and studies; hydrogeologicalresearch and studies; sanitary engineering research and studies; and currenttechnological development in equipment and methods. The rules shall not applyto the management of solid waste that is generated by an individual orindividual family or household unit on the individual's property and isdisposed of on the individual's property.
(b1) (1) Forpurposes of this subsection and subdivision (4) of subsection (a) of thissection, a "substantial amendment" means either:
a. An increase of tenpercent (10%) or more in:
1. The population ofthe geographic area to be served by the sanitary landfill;
2. The quantity ofsolid waste to be disposed of in the sanitary landfill; or
3. The geographic areato be served by the sanitary landfill.
b. A change in thecategories of solid waste to be disposed of in the sanitary landfill or anyother change to the application for a permit or to the permit for a sanitarylandfill that the Commission or the Department determines to be substantial.
(2) A person who intendsto apply for a new permit, the renewal of a permit, or a substantial amendmentto a permit for a sanitary landfill shall obtain, prior to applying for apermit, a franchise for the operation of the sanitary landfill from each localgovernment having jurisdiction over any part of the land on which the sanitarylandfill and its appurtenances are located or to be located. A local governmentmay adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319.A franchise granted for a sanitary landfill shall include all of the following:
a. A statement of thepopulation to be served, including a description of the geographic area.
b. A description of thevolume and characteristics of the waste stream.
c. A projection of theuseful life of the sanitary landfill.
d. An explanation ofhow the franchise will be consistent with the jurisdiction's solid wastemanagement plan required under G.S. 130A‑309.09A, including provisionsfor waste reduction, reuse, and recycling.
e. The procedures to befollowed for governmental oversight and regulation of the fees and rates to becharged by facilities subject to the franchise for waste generated in thejurisdiction of the franchising entity.
f. A facility plan forthe sanitary landfill that shall include the boundaries of the proposed facility,proposed development of the facility site in five‑year operationalphases, the boundaries of all waste disposal units, final elevations andcapacity of all waste disposal units, the amount of waste to be received perday in tons, the total waste disposal capacity of the sanitary landfill intons, a description of environmental controls, and a description of any otherwaste management activities to be conducted at the facility. In addition, thefacility plan shall show the proposed location of soil borrow areas, leachatefacilities, and all other facilities and infrastructure, including ingress andegress to the facility.
(2a) A local governmentmay elect to award a preliminary franchise. If a local government elects toaward a preliminary franchise, the preliminary franchise shall contain, at aminimum, all of the information described in sub‑subdivisions a. throughe. of subdivision (2) of this subsection plus a general description of theproposed sanitary landfill, including the approximate number of acres requiredfor the proposed sanitary landfill and its appurtenances and a description ofany other solid waste management activities that are to be conducted at thesite.
(3) Prior to the awardof a franchise for the construction or operation of a sanitary landfill, theboard of commissioners of the county or counties in which the sanitary landfillis proposed to be located or is located or, if the sanitary landfill isproposed to be located or is located in a city, the governing board of the cityshall conduct a public hearing. The board of commissioners of the county orcounties in which the sanitary landfill is proposed to be located or is locatedor, 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 30 days' notice to thepublic of the public hearing. The notice shall include a summary of all theinformation required to be included in the franchise, and shall specify theprocedure to be followed at the public hearing. The applicant for the franchiseshall provide a copy of the application for the franchise that includes all ofthe information required to be included in the franchise, to the public libraryclosest to the proposed sanitary landfill site to be made available forinspection and copying by the public.
(4) An applicant for anew permit, the renewal of a permit, or a substantial amendment to a permit fora sanitary landfill shall request each local government having jurisdictionover any part of the land on which the sanitary landfill and its appurtenancesare located or to be located to issue a determination as to whether the localgovernment has in effect a franchise, zoning, subdivision, or land‑useplanning ordinance applicable to the sanitary landfill and whether the proposedsanitary landfill, or the existing sanitary landfill as it would be operatedunder the renewed or substantially amended permit, would be consistent with theapplicable ordinances. The request to the local government shall be accompaniedby a copy of the permit application and shall be delivered to the clerk of thelocal government personally or by certified mail. In order to serve as a basisfor a determination that an application for a new permit, the renewal of apermit, or a substantial amendment to a permit for a sanitary landfill isconsistent with a zoning, subdivision, or land‑use planning ordinance, anordinance or zoning classification applicable to the real property designatedin the permit application shall have been in effect not less than 90 days priorto the date the request for a determination of consistency is delivered to theclerk of the local government. The determination shall be verified or supportedby affidavit signed by the chief administrative officer, the chief administrativeofficer's designee, clerk, or other official designated by the local governmentto make the determination and, if the local government states that the sanitarylandfill as it would be operated under the new, renewed, or substantiallyamended permit is inconsistent with a franchise, zoning, subdivision, or land‑useplanning ordinance, shall include a copy of the ordinance and the specificreasons for the determination of inconsistency. A copy of the determinationshall be provided to the applicant when the determination is submitted to theDepartment. The Department shall not act upon an application for a permit underthis section until it has received a determination from each local governmentrequested to make a determination by the applicant; provided that if a localgovernment fails to submit a determination to the Department as provided bythis subsection within 15 days after receipt of the request, the Departmentshall proceed to consider the permit application without regard to a franchise,local zoning, subdivision, and land‑use planning ordinances. Unless thelocal government makes a subsequent determination of consistency with allordinances cited in the determination or the sanitary landfill as it would beoperated under the new, renewed, or substantially amended permit is determinedby a court of competent jurisdiction to be consistent with the citedordinances, the Department shall attach as a condition of the permit arequirement that the applicant, prior to construction or operation of thesanitary landfill under the permit, comply with all lawfully adopted localordinances cited in the determination that apply to the sanitary landfill. Thissubsection shall not be construed to affect the validity of any lawfullyadopted franchise, local zoning, subdivision, or land‑use planningordinance or to affect the responsibility of any person to comply with anylawfully adopted franchise, local zoning, subdivision, or land‑useplanning ordinance. This subsection shall not be construed to limit any opportunitya local government may have to comment on a permit application under any otherlaw or rule. This subsection shall not apply to any facility with respect towhich local ordinances are subject to review under either G.S. 104E‑6.2or G.S. 130A‑293.
(5) As used in thissubdivision, "coal‑fired generating unit" and "investor‑ownedpublic 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, nofranchise shall be required for a sanitary landfill used only to dispose ofwaste generated by a coal‑fired generating unit that is owned or operatedby an investor‑owned utility subject to the requirements of G.S. 143‑215.107D.
(b2) The Department shallrequire an applicant for a permit or a permit holder under this Article tosatisfy the Department that the applicant or permit holder, and any parent,subsidiary, or other affiliate of the applicant, permit holder, or parent,including any joint venturer with a direct or indirect interest in theapplicant, permit holder, or parent:
(1) Is financiallyqualified to carry out the activity for which the permit is required. Anapplicant for a permit and permit holders for solid waste management facilitiesthat are not hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.2. An applicant for a permitand permit holders for hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.04.
(2) Has substantiallycomplied with the requirements applicable to any activity in which theapplicant or permit holder, or a parent, subsidiary, or other affiliate of theapplicant, permit holder, or parent, or a joint venturer with a direct orindirect interest in the applicant has previously engaged and has been insubstantial compliance with federal and state laws, regulations, and rules forthe protection of the environment as provided in G.S. 130A‑295.3.
(b3) An applicant for apermit or a permit holder under this Article shall satisfy the Department thatthe applicant has met the requirements of subsection (b2) of this sectionbefore the Department is required to otherwise review the application.
(c) The Commissionshall adopt and the Department shall enforce rules governing the management ofhazardous waste. These rules shall establish a complete and integratedregulatory scheme in the area of hazardous waste management, implement thisPart, and shall:
(1) Establish criteriafor hazardous waste, identify the characteristics of hazardous waste, and listparticular hazardous waste.
(1a) Establish criteriafor hazardous constituents, identify the characteristics of hazardousconstituents, and list particular hazardous constituents.
(2) Require recordkeeping and reporting by generators and transporters of hazardous waste andowners and operators of hazardous waste facilities.
(3) Require properlabeling of hazardous waste containers.
(4) Require use ofappropriate containers for hazardous waste.
(5) Require maintenanceof a manifest system to assure that all hazardous waste is designated fortreatment, storage or disposal at a hazardous waste facility to which a permithas been issued.
(6) Require propertransportation of hazardous waste.
(7) Develop treatmentstorage and disposal standards of performance and techniques to be used byhazardous waste facilities.
(8) Develop standardsregarding location, design, ownership and construction of hazardous wastefacilities; provided, however, that no hazardous waste disposal facility orpolychlorinated biphenyl disposal facility shall be located within 25 miles ofany other hazardous waste disposal facility or polychlorinated biphenyldisposal facility.
(9) Require plans tominimize unanticipated damage from treatment, storage or disposal of hazardouswaste; and a plan or plans providing for the establishment and/or operation ofone or more hazardous waste facilities in the absence of adequate approvedhazardous waste facilities established or operated by any person within theState.
(10) Require propermaintenance and operation of hazardous waste facilities, including requirementsfor ownership by any person or the State, require demonstration of financialresponsibility in accordance with this section and G.S. 130A‑295.04,provide for training of personnel, and provide for continuity of operation andprocedures for establishing and maintaining hazardous waste facilities.
(11) Require owners oroperators of hazardous waste facilities to monitor the facilities.
(12) Authorize or requireinspection or copying of records required to be kept by owners or operators.
(13) Provide forcollection and analysis of hazardous waste samples and samples of hazardouswaste containers and labels from generators and transporters and from ownersand operators of hazardous waste facilities.
(14) Develop a permitsystem governing the establishment and operation of hazardous waste facilities.
(15) Develop additionalrequirements as necessary for the effective management of hazardous waste.
(16) Require the operatorof the hazardous waste disposal facility to maintain adequate insurance tocover foreseeable claims arising from the operation of the facility. TheDepartment shall determine what constitutes an adequate amount of insurance.
(17) Require the bottom ofa hazardous waste disposal facility to be at least 10 feet above the seasonalhigh water table and more when necessary to protect the public health and theenvironment.
(18) Require the operatorof a hazardous waste disposal facility to make monthly reports to the board ofcounty commissioners of the county in which the facility is located on thekinds and amounts of hazardous wastes in the facility.
(d) The Commission isauthorized to adopt and the Department is authorized to enforce rules whereappropriate 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 underthis section may incorporate standards and restrictions which exceed and aremore comprehensive than comparable federal regulations.
(f) Within 10 days ofreceiving an application for a permit or for an amendment to an existing permitfor a hazardous waste facility, the Department shall notify the clerk of theboard of commissioners of the county or counties in which the facility isproposed to be located or is located and, if the facility is proposed to belocated or is located within a city, the clerk of the governing board of thecity, that the application has been filed, and shall file a copy of theapplication with the clerk. Prior to the issuance of a permit or an amendmentof an existing permit the Secretary or the Secretary's designee shall conduct apublic hearing in the county, or in one of the counties in which the hazardouswaste facility is proposed to be located or is located. The Secretary or theSecretary's designee shall give notice of the hearing, and the public hearingshall be in accordance with applicable federal regulations adopted pursuant toRCRA and with Chapter 150B of the General Statutes. Where the provisions of thefederal regulations and Chapter 150B of the General Statutes are inconsistent,the federal regulations shall apply.
(g) The Commissionshall 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 applicablefederal and State law, including statutes, regulations and rules; shall bedeveloped and revised in light of the best available scientific data; and shallbe based on consideration of at least the following factors:
(1) Hydrological andgeological factors, including flood plains, depth to water table, groundwatertravel time, soil pH, soil cation exchange capacity, soil composition andpermeability, cavernous bedrock, seismic activity, slope, mines, and climate;
(2) Environmental andpublic health factors, including air quality, quality of surface andgroundwater, and proximity to public water supply watersheds;
(3) Natural and culturalresources, including wetlands, gamelands, endangered species habitats,proximity to parks, forests, wilderness areas, nature preserves, and historicsites;
(4) Local land uses;
(5) Transportationfactors, including proximity to waste generators, route safety, and method oftransportation;
(6) Aesthetic factors,including the visibility, appearance, and noise level of the facility;
(7) Availability andreliability of public utilities; and
(8) Availability ofemergency response personnel and equipment.
(h) Rules adopted bythe Commission shall be subject to the following requirements:
(1) Repealed by SessionLaws 1989, c. 168, s. 20.
(2) Hazardous wasteshall be treated prior to disposal in North Carolina. The Commission shalldetermine the extent of waste treatment required before hazardous waste can bedisposed of in a hazardous waste disposal facility.
(3) Any hazardous wastedisposal facility hereafter constructed in this State shall meet, at theminimum, the standards of construction imposed by federal regulations adoptedunder the RCRA at the time the permit is issued.
(4) No hazardous wastedisposal facility or polychlorinated biphenyl disposal facility shall belocated within 25 miles of any other hazardous waste disposal facility orpolychlorinated biphenyl disposal facility.
(5) Repealed by SessionLaws 2001‑474, s. 23, effective November 29, 2001.
(6) The following shallnot be disposed of in a hazardous waste disposal facility: ignitables asdefined in the RCRA, polyhalogenated biphenyls of 50 ppm or greaterconcentration, and free liquids whether or not containerized.
(7) Facilities fordisposal or long‑term storage of hazardous waste shall have at a minimumthe following: a leachate collection and removal system above an artificialimpervious liner of at least 30 mils in thickness, a minimum of five feet ofclay or clay‑like liner with a maximum permeability of 1.0 x 10 7centimeters per second (cm/sec) below said artificial liner, and a leachatedetection system immediately below the clay or clay‑like liner.
(8) Hazardous wasteshall not be stored at a hazardous waste treatment facility for over 90 daysprior to treatment or disposal.
(9) The Commission shallconsider any hazardous waste treatment process proposed to it, if the processlessens treatment cost or improves treatment over then current methods orstandards required by the Commission.
(10) Prevention,reduction, recycling, and detoxification of hazardous wastes should be encouragedand promoted. Hazardous waste disposal facilities and polychlorinated biphenyldisposal facilities shall be detoxified as soon as technology which iseconomically feasible is available and sufficient money is available withoutadditional appropriation.
(i) The Departmentshall develop a comprehensive hazardous waste management plan for the State andshall revise the plan on or before 1 July of even‑numbered years. TheDepartment shall report to the Environmental Review Commission on or before 1October of each year on the implementation of the comprehensive hazardous wastemanagement plan. The report shall include an evaluation of how well the Stateand private parties are managing and cleaning up hazardous waste. The reportshall also include recommendations to the Governor, State agencies, and theGeneral Assembly on ways to: improve waste management; reduce the amount ofwaste generated; maximize resource recovery, reuse, and conservation; andminimize the amount of hazardous waste which must be disposed of.
(j) Repealed bySession Laws 2007‑107, s. 1.1(e), effective October 1, 2007.
(k) Each person whogenerates 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 wastegenerated 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 writtendescription of any program to minimize or reduce the volume and quantity ortoxicity of such waste.
(l) Disposal of solidwaste in or upon water in a manner that results in solid waste entering watersor lands of the State is unlawful. Nothing herein shall be interpreted toaffect disposal of solid waste in a permitted landfill.
(m) Demolition debrisconsisting 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 bedisposed of in a permitted landfill or solid waste disposal facility. Suchdemolition debris may not be placed in the waters of the State or at or belowthe seasonal high water table.
(n) The Departmentshall encourage research and development and disseminate information on state‑of‑the‑artmeans of handling and disposing of hazardous waste. The Department may establisha waste information exchange for the State.
(o) The Departmentshall promote public education and public involvement in the decision‑makingprocess for the siting and permitting of proposed hazardous waste facilities.The Department shall assist localities in which facilities are proposed incollecting and receiving information relating to the suitability of theproposed site. At the request of a local government in which facilities areproposed, the Department shall direct the appropriate agencies of Stategovernment to develop such relevant data as that locality shall reasonablyrequest.
(p) The Departmentshall each year recommend to the Governor a recipient for a "Governor'sAward of Excellence" which the Governor shall award for outstanding achievementby an industry or company in the area of waste management.
(q) The Secretaryshall, at the request of the Governor and under the Governor's direction,assist with the negotiation of interstate agreements for the management ofhazardous waste.
(r) The Commissionshall, in accordance with the procedures set forth in G.S. 160A‑211.1 andG.S. 153A‑152.1, review upon appeal specific privilege license tax ratesthat localities may apply to waste management facilities in their jurisdiction.
(s) The Department isauthorized to enter upon any lands and structures upon lands to make surveys,borings, soundings, and examinations as may be necessary to determine thesuitability of a site for a hazardous waste facility or hazardous wastedisposal facility. The Department shall give 30 days notice of the intendedentry authorized by this section in the manner prescribed for service ofprocess by G.S. 1A‑1, Rule 4. Entry under this section shall not bedeemed a trespass or taking; provided, however, that the Department shall makereimbursement for any damage to land or structures caused by these activities. (1969, c. 899; 1973, c. 476,s. 128; 1975, c. 311, s. 4; c. 764, s. 1; 1977, c. 123; 1977, 2nd Sess., c.1216; 1979, c. 464, s. 2; c. 694, s. 2; 1981, c. 704, s. 6; 1983, c. 795, ss.3, 8.1; c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, ss. 6, 7; c. 1034, s.73; 1985, c. 582; c. 738, ss. 2, 3; 1985 (Reg. Sess., 1986), c. 1027, s. 31;1987, c. 597; c. 761; c. 773, s. 1; c. 827, ss. 1, 250; c. 848; 1987 (Reg.Sess., 1988), c. 1111, s. 6; 1989, c. 168, ss. 15‑22; c. 317; c. 727, s.218(86); c. 742, s. 6; 1991, c. 537, s. 1; 1993, c. 86, s. 1; c. 273, s. 1; c.365, s. 1; c. 473, ss. 1, 2; c. 501, s. 14; 1993 (Reg. Sess., 1994), c. 580, s.1; c. 722, ss. 1, 2; 1995, c. 502, s. 1; c. 509, s. 70; 1995 (Reg. Sess.,1996), c. 594, ss. 6, 7; 1997‑27, s. 2; 2001‑357, s. 2; 2001‑474,ss. 22, 23, 24, 25; 2002‑148, s. 4; 2003‑37, s. 1; 2006‑256,ss. 1, 2, 3; 2007‑107, ss. 1.1(b), 1.1(d), 1.1(e), 2.1(a); 2007‑495,s. 14; 2007‑550, s. 1(a).)
(a) The Department isauthorized and directed to engage in research, conduct investigations andsurveys, make inspections and establish a statewide solid waste managementprogram. In establishing a program, the Department shall have authority to:
(1) Develop acomprehensive program for implementation of safe and sanitary practices formanagement 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 andcarrying out of a solid waste management program;
(3) Develop and adoptrules to establish standards for qualification as a "recycling, reductionor resource recovering facility" or as "recycling, reduction orresource recovering equipment" for the purpose of special taxclassifications or treatment, and to certify as qualifying those applicantswhich meet the established standards. The standards shall be developed toqualify only those facilities and equipment exclusively used in the actualwaste recycling, reduction or resource recovering process and shall exclude anyincidental or supportive facilities and equipment;
(4) a. Developa permit system governing the establishment and operation of solid wastemanagement facilities. A landfill with a disposal area of 1/2 acre or less forthe on‑site disposal of land clearing and inert debris is exempt from thepermit 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 renewalof 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 thissection. No permit shall be granted for a solid waste management facilityhaving discharges that are point sources until the Department has referred thecomplete plans and specifications to the Environmental Management Commissionand has received advice in writing that the plans and specifications areapproved in accordance with the provisions of G.S. 143‑215.1. If theapplicant is a unit of local government, and has not submitted a solid wastemanagement 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 thatdisposes of solid waste by incineration, unless the Commission has not adoptedrules pursuant to G.S. 130A‑309.29 for local solid waste managementplans. In any case where the Department denies a permit for a solid wastemanagement facility, it shall state in writing the reason for denial and shallalso state its estimate of the changes in the applicant's proposed activitiesor plans that will be required for the applicant to obtain a permit.
b. Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
c. The Department shalldeny an application for a permit for a solid waste management facility if theDepartment finds that:
1. Construction oroperation of the proposed facility would be inconsistent with or violate rulesadopted by the Commission.
2. Construction oroperation of the proposed facility would result in a violation of water qualitystandards adopted by the Environmental Management Commission pursuant to G.S.143‑214.1 for waters, as defined in G.S. 143‑213.
3. Construction oroperation of the facility would result in significant damage to ecologicalsystems, natural resources, cultural sites, recreation areas, or historic sitesof more than local significance. These areas include, but are not limited to,national or State parks or forests; wilderness areas; historic sites;recreation areas; segments of the natural and scenic rivers system; wildliferefuges, preserves, and management areas; areas that provide habitat forthreatened or endangered species; primary nursery areas and critical fisherieshabitat designated by the Marine Fisheries Commission; and Outstanding ResourceWaters designated by the Environmental Management Commission.
4. Construction oroperation of the proposed facility would substantially limit or threaten accessto or use of public trust waters or public lands.
5. The proposedfacility would be located in a natural hazard area, including a floodplain, alandslide hazard area, or an area subject to storm surge or excessive seismicactivity, such that the facility will present a risk to public health orsafety.
6. There is a practicalalternative that would accomplish the purposes of the proposed facility withless adverse impact on public resources, considering engineering requirementsand economic costs.
7. The cumulativeimpacts of the proposed facility and other facilities in the area of theproposed facility would violate the criteria set forth in sub‑sub‑subdivisions2. through 5. of this sub‑subdivision.
8. Construction oroperation of the proposed facility would be inconsistent with the State solidwaste management policy and goals as set out in G.S. 130A‑309.04 and withthe State solid waste management plan developed as provided in G.S. 130A‑309.07.
9. The cumulativeimpact of the proposed facility, when considered in relation to other similarimpacts of facilities located or proposed in the community, would have adisproportionate adverse impact on a minority or low‑income communityprotected by Title VI of the federal Civil Rights Act of 1964.
(4a) Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
(5) Repealed by SessionLaws 1983, c. 795, s. 3.
(5a) Designate ageographic area within which the collection, transportation, storage anddisposal of all solid waste generated within said area shall be accomplished inaccordance with a solid waste management plan. Such designation may be madeonly after the Department has received a request from the unit or units oflocal government having jurisdiction within said geographic area that suchdesignation be made and after receipt by the Department of a solid wastemanagement plan which shall include:
a. The existing andprojected population for such area;
b. The quantities ofsolid waste generated and estimated to be generated in such area;
c. The availability ofsanitary landfill sites and the environmental impact of continued landfill ofsolid waste on surface and subsurface waters;
d. The method of solidwaste disposal to be utilized and the energy or material which shall berecovered from the waste; and
e. Such other data thatthe Department may reasonably require.
(5b) Authorize units oflocal government to require by ordinance, that all solid waste generated withinthe designated geographic area that is placed in the waste stream for disposalbe collected, transported, stored and disposed of at a permitted solid wastemanagement facility or facilities serving such area. The provisions of suchordinance shall not be construed to prohibit the source separation of materialsfrom solid waste prior to collection of such solid waste for disposal, orprohibit collectors of solid waste from recycling materials or limit access tosuch materials as an incident to collection of such solid waste; provided suchprohibitions do not authorize the construction and operation of a resourcerecovery facility unless specifically permitted pursuant to an approved solidwaste management plan. If a private solid waste landfill shall be substantiallyaffected by such ordinance then the unit of local government adopting theordinance shall be required to give the operator of the affected landfill atleast two years written notice prior to the effective date of the proposedordinance.
(5c) Except for theauthority to designate a geographic area to be serviced by a solid wastemanagement facility, delegate authority and responsibility to units of localgovernment to perform all or a portion of a solid waste management programwithin the jurisdictional area of the unit of local government; provided thatno authority over or control of the operations or properties of one localgovernment shall be delegated to any other local government.
(5d) Require that anannual report of the implementation of the solid waste management plan withinthe designated geographic area be filed with the Department.
(6) Charge and collectfees from operators of hazardous waste disposal facilities. The fees shall beused to establish a fund sufficient for each individual facility to defray theanticipated costs to the State for monitoring and care of the facility afterthe termination of the period during which the facility operator is required byapplicable State and federal statutes, regulations or rules to remainresponsible for post‑closure monitoring and care. In establishing thefees, consideration shall be given to the size of the facility, the nature ofthe hazardous waste and the projected life of the facility.
(7) Establish andcollect annual fees from generators and transporters of hazardous waste, andfrom storage, treatment, and disposal facilities regulated under this Articleas provided in G.S. 130A‑294.1.
(a1) A permit for a solidwaste management facility may be transferred only with the approval of theDepartment.
(b) The Commissionshall adopt and the Department shall enforce rules to implement a comprehensivestatewide solid waste management program. The rules shall be consistent withapplicable State and federal law; and shall be designed to protect the publichealth, safety, and welfare; preserve the environment; and provide for thegreatest possible conservation of cultural and natural resources. Rules for theestablishment, location, operation, maintenance, use, discontinuance,recordation, post‑closure care of solid waste management facilities alsoshall be based upon recognized public health practices and procedures,including applicable epidemiological research and studies; hydrogeologicalresearch and studies; sanitary engineering research and studies; and currenttechnological development in equipment and methods. The rules shall not applyto the management of solid waste that is generated by an individual orindividual family or household unit on the individual's property and isdisposed of on the individual's property.
(b1) (1) Forpurposes of this subsection and subdivision (4) of subsection (a) of thissection, a "substantial amendment" means either:
a. An increase of tenpercent (10%) or more in:
1. The population ofthe geographic area to be served by the sanitary landfill;
2. The quantity ofsolid waste to be disposed of in the sanitary landfill; or
3. The geographic areato be served by the sanitary landfill.
b. A change in thecategories of solid waste to be disposed of in the sanitary landfill or anyother change to the application for a permit or to the permit for a sanitarylandfill that the Commission or the Department determines to be substantial.
(2) A person who intendsto apply for a new permit, the renewal of a permit, or a substantial amendmentto a permit for a sanitary landfill shall obtain, prior to applying for apermit, a franchise for the operation of the sanitary landfill from each localgovernment having jurisdiction over any part of the land on which the sanitarylandfill and its appurtenances are located or to be located. A local governmentmay adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319.A franchise granted for a sanitary landfill shall include all of the following:
a. A statement of thepopulation to be served, including a description of the geographic area.
b. A description of thevolume and characteristics of the waste stream.
c. A projection of theuseful life of the sanitary landfill.
d. An explanation ofhow the franchise will be consistent with the jurisdiction's solid wastemanagement plan required under G.S. 130A‑309.09A, including provisionsfor waste reduction, reuse, and recycling.
e. The procedures to befollowed for governmental oversight and regulation of the fees and rates to becharged by facilities subject to the franchise for waste generated in thejurisdiction of the franchising entity.
f. A facility plan forthe sanitary landfill that shall include the boundaries of the proposed facility,proposed development of the facility site in five‑year operationalphases, the boundaries of all waste disposal units, final elevations andcapacity of all waste disposal units, the amount of waste to be received perday in tons, the total waste disposal capacity of the sanitary landfill intons, a description of environmental controls, and a description of any otherwaste management activities to be conducted at the facility. In addition, thefacility plan shall show the proposed location of soil borrow areas, leachatefacilities, and all other facilities and infrastructure, including ingress andegress to the facility.
(2a) A local governmentmay elect to award a preliminary franchise. If a local government elects toaward a preliminary franchise, the preliminary franchise shall contain, at aminimum, all of the information described in sub‑subdivisions a. throughe. of subdivision (2) of this subsection plus a general description of theproposed sanitary landfill, including the approximate number of acres requiredfor the proposed sanitary landfill and its appurtenances and a description ofany other solid waste management activities that are to be conducted at thesite.
(3) Prior to the awardof a franchise for the construction or operation of a sanitary landfill, theboard of commissioners of the county or counties in which the sanitary landfillis proposed to be located or is located or, if the sanitary landfill isproposed to be located or is located in a city, the governing board of the cityshall conduct a public hearing. The board of commissioners of the county orcounties in which the sanitary landfill is proposed to be located or is locatedor, 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 30 days' notice to thepublic of the public hearing. The notice shall include a summary of all theinformation required to be included in the franchise, and shall specify theprocedure to be followed at the public hearing. The applicant for the franchiseshall provide a copy of the application for the franchise that includes all ofthe information required to be included in the franchise, to the public libraryclosest to the proposed sanitary landfill site to be made available forinspection and copying by the public.
(4) An applicant for anew permit, the renewal of a permit, or a substantial amendment to a permit fora sanitary landfill shall request each local government having jurisdictionover any part of the land on which the sanitary landfill and its appurtenancesare located or to be located to issue a determination as to whether the localgovernment has in effect a franchise, zoning, subdivision, or land‑useplanning ordinance applicable to the sanitary landfill and whether the proposedsanitary landfill, or the existing sanitary landfill as it would be operatedunder the renewed or substantially amended permit, would be consistent with theapplicable ordinances. The request to the local government shall be accompaniedby a copy of the permit application and shall be delivered to the clerk of thelocal government personally or by certified mail. In order to serve as a basisfor a determination that an application for a new permit, the renewal of apermit, or a substantial amendment to a permit for a sanitary landfill isconsistent with a zoning, subdivision, or land‑use planning ordinance, anordinance or zoning classification applicable to the real property designatedin the permit application shall have been in effect not less than 90 days priorto the date the request for a determination of consistency is delivered to theclerk of the local government. The determination shall be verified or supportedby affidavit signed by the chief administrative officer, the chief administrativeofficer's designee, clerk, or other official designated by the local governmentto make the determination and, if the local government states that the sanitarylandfill as it would be operated under the new, renewed, or substantiallyamended permit is inconsistent with a franchise, zoning, subdivision, or land‑useplanning ordinance, shall include a copy of the ordinance and the specificreasons for the determination of inconsistency. A copy of the determinationshall be provided to the applicant when the determination is submitted to theDepartment. The Department shall not act upon an application for a permit underthis section until it has received a determination from each local governmentrequested to make a determination by the applicant; provided that if a localgovernment fails to submit a determination to the Department as provided bythis subsection within 15 days after receipt of the request, the Departmentshall proceed to consider the permit application without regard to a franchise,local zoning, subdivision, and land‑use planning ordinances. Unless thelocal government makes a subsequent determination of consistency with allordinances cited in the determination or the sanitary landfill as it would beoperated under the new, renewed, or substantially amended permit is determinedby a court of competent jurisdiction to be consistent with the citedordinances, the Department shall attach as a condition of the permit arequirement that the applicant, prior to construction or operation of thesanitary landfill under the permit, comply with all lawfully adopted localordinances cited in the determination that apply to the sanitary landfill. Thissubsection shall not be construed to affect the validity of any lawfullyadopted franchise, local zoning, subdivision, or land‑use planningordinance or to affect the responsibility of any person to comply with anylawfully adopted franchise, local zoning, subdivision, or land‑useplanning ordinance. This subsection shall not be construed to limit any opportunitya local government may have to comment on a permit application under any otherlaw or rule. This subsection shall not apply to any facility with respect towhich local ordinances are subject to review under either G.S. 104E‑6.2or G.S. 130A‑293.
(5) As used in thissubdivision, "coal‑fired generating unit" and "investor‑ownedpublic 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, nofranchise shall be required for a sanitary landfill used only to dispose ofwaste generated by a coal‑fired generating unit that is owned or operatedby an investor‑owned utility subject to the requirements of G.S. 143‑215.107D.
(b2) The Department shallrequire an applicant for a permit or a permit holder under this Article tosatisfy the Department that the applicant or permit holder, and any parent,subsidiary, or other affiliate of the applicant, permit holder, or parent,including any joint venturer with a direct or indirect interest in theapplicant, permit holder, or parent:
(1) Is financiallyqualified to carry out the activity for which the permit is required. Anapplicant for a permit and permit holders for solid waste management facilitiesthat are not hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.2. An applicant for a permitand permit holders for hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.04.
(2) Has substantiallycomplied with the requirements applicable to any activity in which theapplicant or permit holder, or a parent, subsidiary, or other affiliate of theapplicant, permit holder, or parent, or a joint venturer with a direct orindirect interest in the applicant has previously engaged and has been insubstantial compliance with federal and state laws, regulations, and rules forthe protection of the environment as provided in G.S. 130A‑295.3.
(b3) An applicant for apermit or a permit holder under this Article shall satisfy the Department thatthe applicant has met the requirements of subsection (b2) of this sectionbefore the Department is required to otherwise review the application.
(c) The Commissionshall adopt and the Department shall enforce rules governing the management ofhazardous waste. These rules shall establish a complete and integratedregulatory scheme in the area of hazardous waste management, implement thisPart, and shall:
(1) Establish criteriafor hazardous waste, identify the characteristics of hazardous waste, and listparticular hazardous waste.
(1a) Establish criteriafor hazardous constituents, identify the characteristics of hazardousconstituents, and list particular hazardous constituents.
(2) Require recordkeeping and reporting by generators and transporters of hazardous waste andowners and operators of hazardous waste facilities.
(3) Require properlabeling of hazardous waste containers.
(4) Require use ofappropriate containers for hazardous waste.
(5) Require maintenanceof a manifest system to assure that all hazardous waste is designated fortreatment, storage or disposal at a hazardous waste facility to which a permithas been issued.
(6) Require propertransportation of hazardous waste.
(7) Develop treatmentstorage and disposal standards of performance and techniques to be used byhazardous waste facilities.
(8) Develop standardsregarding location, design, ownership and construction of hazardous wastefacilities; provided, however, that no hazardous waste disposal facility orpolychlorinated biphenyl disposal facility shall be located within 25 miles ofany other hazardous waste disposal facility or polychlorinated biphenyldisposal facility.
(9) Require plans tominimize unanticipated damage from treatment, storage or disposal of hazardouswaste; and a plan or plans providing for the establishment and/or operation ofone or more hazardous waste facilities in the absence of adequate approvedhazardous waste facilities established or operated by any person within theState.
(10) Require propermaintenance and operation of hazardous waste facilities, including requirementsfor ownership by any person or the State, require demonstration of financialresponsibility in accordance with this section and G.S. 130A‑295.04,provide for training of personnel, and provide for continuity of operation andprocedures for establishing and maintaining hazardous waste facilities.
(11) Require owners oroperators of hazardous waste facilities to monitor the facilities.
(12) Authorize or requireinspection or copying of records required to be kept by owners or operators.
(13) Provide forcollection and analysis of hazardous waste samples and samples of hazardouswaste containers and labels from generators and transporters and from ownersand operators of hazardous waste facilities.
(14) Develop a permitsystem governing the establishment and operation of hazardous waste facilities.
(15) Develop additionalrequirements as necessary for the effective management of hazardous waste.
(16) Require the operatorof the hazardous waste disposal facility to maintain adequate insurance tocover foreseeable claims arising from the operation of the facility. TheDepartment shall determine what constitutes an adequate amount of insurance.
(17) Require the bottom ofa hazardous waste disposal facility to be at least 10 feet above the seasonalhigh water table and more when necessary to protect the public health and theenvironment.
(18) Require the operatorof a hazardous waste disposal facility to make monthly reports to the board ofcounty commissioners of the county in which the facility is located on thekinds and amounts of hazardous wastes in the facility.
(d) The Commission isauthorized to adopt and the Department is authorized to enforce rules whereappropriate 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 underthis section may incorporate standards and restrictions which exceed and aremore comprehensive than comparable federal regulations.
(f) Within 10 days ofreceiving an application for a permit or for an amendment to an existing permitfor a hazardous waste facility, the Department shall notify the clerk of theboard of commissioners of the county or counties in which the facility isproposed to be located or is located and, if the facility is proposed to belocated or is located within a city, the clerk of the governing board of thecity, that the application has been filed, and shall file a copy of theapplication with the clerk. Prior to the issuance of a permit or an amendmentof an existing permit the Secretary or the Secretary's designee shall conduct apublic hearing in the county, or in one of the counties in which the hazardouswaste facility is proposed to be located or is located. The Secretary or theSecretary's designee shall give notice of the hearing, and the public hearingshall be in accordance with applicable federal regulations adopted pursuant toRCRA and with Chapter 150B of the General Statutes. Where the provisions of thefederal regulations and Chapter 150B of the General Statutes are inconsistent,the federal regulations shall apply.
(g) The Commissionshall 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 applicablefederal and State law, including statutes, regulations and rules; shall bedeveloped and revised in light of the best available scientific data; and shallbe based on consideration of at least the following factors:
(1) Hydrological andgeological factors, including flood plains, depth to water table, groundwatertravel time, soil pH, soil cation exchange capacity, soil composition andpermeability, cavernous bedrock, seismic activity, slope, mines, and climate;
(2) Environmental andpublic health factors, including air quality, quality of surface andgroundwater, and proximity to public water supply watersheds;
(3) Natural and culturalresources, including wetlands, gamelands, endangered species habitats,proximity to parks, forests, wilderness areas, nature preserves, and historicsites;
(4) Local land uses;
(5) Transportationfactors, including proximity to waste generators, route safety, and method oftransportation;
(6) Aesthetic factors,including the visibility, appearance, and noise level of the facility;
(7) Availability andreliability of public utilities; and
(8) Availability ofemergency response personnel and equipment.
(h) Rules adopted bythe Commission shall be subject to the following requirements:
(1) Repealed by SessionLaws 1989, c. 168, s. 20.
(2) Hazardous wasteshall be treated prior to disposal in North Carolina. The Commission shalldetermine the extent of waste treatment required before hazardous waste can bedisposed of in a hazardous waste disposal facility.
(3) Any hazardous wastedisposal facility hereafter constructed in this State shall meet, at theminimum, the standards of construction imposed by federal regulations adoptedunder the RCRA at the time the permit is issued.
(4) No hazardous wastedisposal facility or polychlorinated biphenyl disposal facility shall belocated within 25 miles of any other hazardous waste disposal facility orpolychlorinated biphenyl disposal facility.
(5) Repealed by SessionLaws 2001‑474, s. 23, effective November 29, 2001.
(6) The following shallnot be disposed of in a hazardous waste disposal facility: ignitables asdefined in the RCRA, polyhalogenated biphenyls of 50 ppm or greaterconcentration, and free liquids whether or not containerized.
(7) Facilities fordisposal or long‑term storage of hazardous waste shall have at a minimumthe following: a leachate collection and removal system above an artificialimpervious liner of at least 30 mils in thickness, a minimum of five feet ofclay or clay‑like liner with a maximum permeability of 1.0 x 10 7centimeters per second (cm/sec) below said artificial liner, and a leachatedetection system immediately below the clay or clay‑like liner.
(8) Hazardous wasteshall not be stored at a hazardous waste treatment facility for over 90 daysprior to treatment or disposal.
(9) The Commission shallconsider any hazardous waste treatment process proposed to it, if the processlessens treatment cost or improves treatment over then current methods orstandards required by the Commission.
(10) Prevention,reduction, recycling, and detoxification of hazardous wastes should be encouragedand promoted. Hazardous waste disposal facilities and polychlorinated biphenyldisposal facilities shall be detoxified as soon as technology which iseconomically feasible is available and sufficient money is available withoutadditional appropriation.
(i) The Departmentshall develop a comprehensive hazardous waste management plan for the State andshall revise the plan on or before 1 July of even‑numbered years. TheDepartment shall report to the Environmental Review Commission on or before 1October of each year on the implementation of the comprehensive hazardous wastemanagement plan. The report shall include an evaluation of how well the Stateand private parties are managing and cleaning up hazardous waste. The reportshall also include recommendations to the Governor, State agencies, and theGeneral Assembly on ways to: improve waste management; reduce the amount ofwaste generated; maximize resource recovery, reuse, and conservation; andminimize the amount of hazardous waste which must be disposed of.
(j) Repealed bySession Laws 2007‑107, s. 1.1(e), effective October 1, 2007.
(k) Each person whogenerates 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 wastegenerated 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 writtendescription of any program to minimize or reduce the volume and quantity ortoxicity of such waste.
(l) Disposal of solidwaste in or upon water in a manner that results in solid waste entering watersor lands of the State is unlawful. Nothing herein shall be interpreted toaffect disposal of solid waste in a permitted landfill.
(m) Demolition debrisconsisting 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 bedisposed of in a permitted landfill or solid waste disposal facility. Suchdemolition debris may not be placed in the waters of the State or at or belowthe seasonal high water table.
(n) The Departmentshall encourage research and development and disseminate information on state‑of‑the‑artmeans of handling and disposing of hazardous waste. The Department may establisha waste information exchange for the State.
(o) The Departmentshall promote public education and public involvement in the decision‑makingprocess for the siting and permitting of proposed hazardous waste facilities.The Department shall assist localities in which facilities are proposed incollecting and receiving information relating to the suitability of theproposed site. At the request of a local government in which facilities areproposed, the Department shall direct the appropriate agencies of Stategovernment to develop such relevant data as that locality shall reasonablyrequest.
(p) The Departmentshall each year recommend to the Governor a recipient for a "Governor'sAward of Excellence" which the Governor shall award for outstanding achievementby an industry or company in the area of waste management.
(q) The Secretaryshall, at the request of the Governor and under the Governor's direction,assist with the negotiation of interstate agreements for the management ofhazardous waste.
(r) The Commissionshall, in accordance with the procedures set forth in G.S. 160A‑211.1 andG.S. 153A‑152.1, review upon appeal specific privilege license tax ratesthat localities may apply to waste management facilities in their jurisdiction.
(s) The Department isauthorized to enter upon any lands and structures upon lands to make surveys,borings, soundings, and examinations as may be necessary to determine thesuitability of a site for a hazardous waste facility or hazardous wastedisposal facility. The Department shall give 30 days notice of the intendedentry authorized by this section in the manner prescribed for service ofprocess by G.S. 1A‑1, Rule 4. Entry under this section shall not bedeemed a trespass or taking; provided, however, that the Department shall makereimbursement for any damage to land or structures caused by these activities. (1969, c. 899; 1973, c. 476,s. 128; 1975, c. 311, s. 4; c. 764, s. 1; 1977, c. 123; 1977, 2nd Sess., c.1216; 1979, c. 464, s. 2; c. 694, s. 2; 1981, c. 704, s. 6; 1983, c. 795, ss.3, 8.1; c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, ss. 6, 7; c. 1034, s.73; 1985, c. 582; c. 738, ss. 2, 3; 1985 (Reg. Sess., 1986), c. 1027, s. 31;1987, c. 597; c. 761; c. 773, s. 1; c. 827, ss. 1, 250; c. 848; 1987 (Reg.Sess., 1988), c. 1111, s. 6; 1989, c. 168, ss. 15‑22; c. 317; c. 727, s.218(86); c. 742, s. 6; 1991, c. 537, s. 1; 1993, c. 86, s. 1; c. 273, s. 1; c.365, s. 1; c. 473, ss. 1, 2; c. 501, s. 14; 1993 (Reg. Sess., 1994), c. 580, s.1; c. 722, ss. 1, 2; 1995, c. 502, s. 1; c. 509, s. 70; 1995 (Reg. Sess.,1996), c. 594, ss. 6, 7; 1997‑27, s. 2; 2001‑357, s. 2; 2001‑474,ss. 22, 23, 24, 25; 2002‑148, s. 4; 2003‑37, s. 1; 2006‑256,ss. 1, 2, 3; 2007‑107, ss. 1.1(b), 1.1(d), 1.1(e), 2.1(a); 2007‑495,s. 14; 2007‑550, s. 1(a).)
(a) The Department isauthorized and directed to engage in research, conduct investigations andsurveys, make inspections and establish a statewide solid waste managementprogram. In establishing a program, the Department shall have authority to:
(1) Develop acomprehensive program for implementation of safe and sanitary practices formanagement 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 andcarrying out of a solid waste management program;
(3) Develop and adoptrules to establish standards for qualification as a "recycling, reductionor resource recovering facility" or as "recycling, reduction orresource recovering equipment" for the purpose of special taxclassifications or treatment, and to certify as qualifying those applicantswhich meet the established standards. The standards shall be developed toqualify only those facilities and equipment exclusively used in the actualwaste recycling, reduction or resource recovering process and shall exclude anyincidental or supportive facilities and equipment;
(4) a. Developa permit system governing the establishment and operation of solid wastemanagement facilities. A landfill with a disposal area of 1/2 acre or less forthe on‑site disposal of land clearing and inert debris is exempt from thepermit 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 renewalof 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 thissection. No permit shall be granted for a solid waste management facilityhaving discharges that are point sources until the Department has referred thecomplete plans and specifications to the Environmental Management Commissionand has received advice in writing that the plans and specifications areapproved in accordance with the provisions of G.S. 143‑215.1. If theapplicant is a unit of local government, and has not submitted a solid wastemanagement 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 thatdisposes of solid waste by incineration, unless the Commission has not adoptedrules pursuant to G.S. 130A‑309.29 for local solid waste managementplans. In any case where the Department denies a permit for a solid wastemanagement facility, it shall state in writing the reason for denial and shallalso state its estimate of the changes in the applicant's proposed activitiesor plans that will be required for the applicant to obtain a permit.
b. Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
c. The Department shalldeny an application for a permit for a solid waste management facility if theDepartment finds that:
1. Construction oroperation of the proposed facility would be inconsistent with or violate rulesadopted by the Commission.
2. Construction oroperation of the proposed facility would result in a violation of water qualitystandards adopted by the Environmental Management Commission pursuant to G.S.143‑214.1 for waters, as defined in G.S. 143‑213.
3. Construction oroperation of the facility would result in significant damage to ecologicalsystems, natural resources, cultural sites, recreation areas, or historic sitesof more than local significance. These areas include, but are not limited to,national or State parks or forests; wilderness areas; historic sites;recreation areas; segments of the natural and scenic rivers system; wildliferefuges, preserves, and management areas; areas that provide habitat forthreatened or endangered species; primary nursery areas and critical fisherieshabitat designated by the Marine Fisheries Commission; and Outstanding ResourceWaters designated by the Environmental Management Commission.
4. Construction oroperation of the proposed facility would substantially limit or threaten accessto or use of public trust waters or public lands.
5. The proposedfacility would be located in a natural hazard area, including a floodplain, alandslide hazard area, or an area subject to storm surge or excessive seismicactivity, such that the facility will present a risk to public health orsafety.
6. There is a practicalalternative that would accomplish the purposes of the proposed facility withless adverse impact on public resources, considering engineering requirementsand economic costs.
7. The cumulativeimpacts of the proposed facility and other facilities in the area of theproposed facility would violate the criteria set forth in sub‑sub‑subdivisions2. through 5. of this sub‑subdivision.
8. Construction oroperation of the proposed facility would be inconsistent with the State solidwaste management policy and goals as set out in G.S. 130A‑309.04 and withthe State solid waste management plan developed as provided in G.S. 130A‑309.07.
9. The cumulativeimpact of the proposed facility, when considered in relation to other similarimpacts of facilities located or proposed in the community, would have adisproportionate adverse impact on a minority or low‑income communityprotected by Title VI of the federal Civil Rights Act of 1964.
(4a) Repealed by SessionLaws 2007‑550, s. 1(a), effective August 1, 2007.
(5) Repealed by SessionLaws 1983, c. 795, s. 3.
(5a) Designate ageographic area within which the collection, transportation, storage anddisposal of all solid waste generated within said area shall be accomplished inaccordance with a solid waste management plan. Such designation may be madeonly after the Department has received a request from the unit or units oflocal government having jurisdiction within said geographic area that suchdesignation be made and after receipt by the Department of a solid wastemanagement plan which shall include:
a. The existing andprojected population for such area;
b. The quantities ofsolid waste generated and estimated to be generated in such area;
c. The availability ofsanitary landfill sites and the environmental impact of continued landfill ofsolid waste on surface and subsurface waters;
d. The method of solidwaste disposal to be utilized and the energy or material which shall berecovered from the waste; and
e. Such other data thatthe Department may reasonably require.
(5b) Authorize units oflocal government to require by ordinance, that all solid waste generated withinthe designated geographic area that is placed in the waste stream for disposalbe collected, transported, stored and disposed of at a permitted solid wastemanagement facility or facilities serving such area. The provisions of suchordinance shall not be construed to prohibit the source separation of materialsfrom solid waste prior to collection of such solid waste for disposal, orprohibit collectors of solid waste from recycling materials or limit access tosuch materials as an incident to collection of such solid waste; provided suchprohibitions do not authorize the construction and operation of a resourcerecovery facility unless specifically permitted pursuant to an approved solidwaste management plan. If a private solid waste landfill shall be substantiallyaffected by such ordinance then the unit of local government adopting theordinance shall be required to give the operator of the affected landfill atleast two years written notice prior to the effective date of the proposedordinance.
(5c) Except for theauthority to designate a geographic area to be serviced by a solid wastemanagement facility, delegate authority and responsibility to units of localgovernment to perform all or a portion of a solid waste management programwithin the jurisdictional area of the unit of local government; provided thatno authority over or control of the operations or properties of one localgovernment shall be delegated to any other local government.
(5d) Require that anannual report of the implementation of the solid waste management plan withinthe designated geographic area be filed with the Department.
(6) Charge and collectfees from operators of hazardous waste disposal facilities. The fees shall beused to establish a fund sufficient for each individual facility to defray theanticipated costs to the State for monitoring and care of the facility afterthe termination of the period during which the facility operator is required byapplicable State and federal statutes, regulations or rules to remainresponsible for post‑closure monitoring and care. In establishing thefees, consideration shall be given to the size of the facility, the nature ofthe hazardous waste and the projected life of the facility.
(7) Establish andcollect annual fees from generators and transporters of hazardous waste, andfrom storage, treatment, and disposal facilities regulated under this Articleas provided in G.S. 130A‑294.1.
(a1) A permit for a solidwaste management facility may be transferred only with the approval of theDepartment.
(b) The Commissionshall adopt and the Department shall enforce rules to implement a comprehensivestatewide solid waste management program. The rules shall be consistent withapplicable State and federal law; and shall be designed to protect the publichealth, safety, and welfare; preserve the environment; and provide for thegreatest possible conservation of cultural and natural resources. Rules for theestablishment, location, operation, maintenance, use, discontinuance,recordation, post‑closure care of solid waste management facilities alsoshall be based upon recognized public health practices and procedures,including applicable epidemiological research and studies; hydrogeologicalresearch and studies; sanitary engineering research and studies; and currenttechnological development in equipment and methods. The rules shall not applyto the management of solid waste that is generated by an individual orindividual family or household unit on the individual's property and isdisposed of on the individual's property.
(b1) (1) Forpurposes of this subsection and subdivision (4) of subsection (a) of thissection, a "substantial amendment" means either:
a. An increase of tenpercent (10%) or more in:
1. The population ofthe geographic area to be served by the sanitary landfill;
2. The quantity ofsolid waste to be disposed of in the sanitary landfill; or
3. The geographic areato be served by the sanitary landfill.
b. A change in thecategories of solid waste to be disposed of in the sanitary landfill or anyother change to the application for a permit or to the permit for a sanitarylandfill that the Commission or the Department determines to be substantial.
(2) A person who intendsto apply for a new permit, the renewal of a permit, or a substantial amendmentto a permit for a sanitary landfill shall obtain, prior to applying for apermit, a franchise for the operation of the sanitary landfill from each localgovernment having jurisdiction over any part of the land on which the sanitarylandfill and its appurtenances are located or to be located. A local governmentmay adopt a franchise ordinance under G.S. 153A‑136 or G.S. 160A‑319.A franchise granted for a sanitary landfill shall include all of the following:
a. A statement of thepopulation to be served, including a description of the geographic area.
b. A description of thevolume and characteristics of the waste stream.
c. A projection of theuseful life of the sanitary landfill.
d. An explanation ofhow the franchise will be consistent with the jurisdiction's solid wastemanagement plan required under G.S. 130A‑309.09A, including provisionsfor waste reduction, reuse, and recycling.
e. The procedures to befollowed for governmental oversight and regulation of the fees and rates to becharged by facilities subject to the franchise for waste generated in thejurisdiction of the franchising entity.
f. A facility plan forthe sanitary landfill that shall include the boundaries of the proposed facility,proposed development of the facility site in five‑year operationalphases, the boundaries of all waste disposal units, final elevations andcapacity of all waste disposal units, the amount of waste to be received perday in tons, the total waste disposal capacity of the sanitary landfill intons, a description of environmental controls, and a description of any otherwaste management activities to be conducted at the facility. In addition, thefacility plan shall show the proposed location of soil borrow areas, leachatefacilities, and all other facilities and infrastructure, including ingress andegress to the facility.
(2a) A local governmentmay elect to award a preliminary franchise. If a local government elects toaward a preliminary franchise, the preliminary franchise shall contain, at aminimum, all of the information described in sub‑subdivisions a. throughe. of subdivision (2) of this subsection plus a general description of theproposed sanitary landfill, including the approximate number of acres requiredfor the proposed sanitary landfill and its appurtenances and a description ofany other solid waste management activities that are to be conducted at thesite.
(3) Prior to the awardof a franchise for the construction or operation of a sanitary landfill, theboard of commissioners of the county or counties in which the sanitary landfillis proposed to be located or is located or, if the sanitary landfill isproposed to be located or is located in a city, the governing board of the cityshall conduct a public hearing. The board of commissioners of the county orcounties in which the sanitary landfill is proposed to be located or is locatedor, 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 30 days' notice to thepublic of the public hearing. The notice shall include a summary of all theinformation required to be included in the franchise, and shall specify theprocedure to be followed at the public hearing. The applicant for the franchiseshall provide a copy of the application for the franchise that includes all ofthe information required to be included in the franchise, to the public libraryclosest to the proposed sanitary landfill site to be made available forinspection and copying by the public.
(4) An applicant for anew permit, the renewal of a permit, or a substantial amendment to a permit fora sanitary landfill shall request each local government having jurisdictionover any part of the land on which the sanitary landfill and its appurtenancesare located or to be located to issue a determination as to whether the localgovernment has in effect a franchise, zoning, subdivision, or land‑useplanning ordinance applicable to the sanitary landfill and whether the proposedsanitary landfill, or the existing sanitary landfill as it would be operatedunder the renewed or substantially amended permit, would be consistent with theapplicable ordinances. The request to the local government shall be accompaniedby a copy of the permit application and shall be delivered to the clerk of thelocal government personally or by certified mail. In order to serve as a basisfor a determination that an application for a new permit, the renewal of apermit, or a substantial amendment to a permit for a sanitary landfill isconsistent with a zoning, subdivision, or land‑use planning ordinance, anordinance or zoning classification applicable to the real property designatedin the permit application shall have been in effect not less than 90 days priorto the date the request for a determination of consistency is delivered to theclerk of the local government. The determination shall be verified or supportedby affidavit signed by the chief administrative officer, the chief administrativeofficer's designee, clerk, or other official designated by the local governmentto make the determination and, if the local government states that the sanitarylandfill as it would be operated under the new, renewed, or substantiallyamended permit is inconsistent with a franchise, zoning, subdivision, or land‑useplanning ordinance, shall include a copy of the ordinance and the specificreasons for the determination of inconsistency. A copy of the determinationshall be provided to the applicant when the determination is submitted to theDepartment. The Department shall not act upon an application for a permit underthis section until it has received a determination from each local governmentrequested to make a determination by the applicant; provided that if a localgovernment fails to submit a determination to the Department as provided bythis subsection within 15 days after receipt of the request, the Departmentshall proceed to consider the permit application without regard to a franchise,local zoning, subdivision, and land‑use planning ordinances. Unless thelocal government makes a subsequent determination of consistency with allordinances cited in the determination or the sanitary landfill as it would beoperated under the new, renewed, or substantially amended permit is determinedby a court of competent jurisdiction to be consistent with the citedordinances, the Department shall attach as a condition of the permit arequirement that the applicant, prior to construction or operation of thesanitary landfill under the permit, comply with all lawfully adopted localordinances cited in the determination that apply to the sanitary landfill. Thissubsection shall not be construed to affect the validity of any lawfullyadopted franchise, local zoning, subdivision, or land‑use planningordinance or to affect the responsibility of any person to comply with anylawfully adopted franchise, local zoning, subdivision, or land‑useplanning ordinance. This subsection shall not be construed to limit any opportunitya local government may have to comment on a permit application under any otherlaw or rule. This subsection shall not apply to any facility with respect towhich local ordinances are subject to review under either G.S. 104E‑6.2or G.S. 130A‑293.
(5) As used in thissubdivision, "coal‑fired generating unit" and "investor‑ownedpublic 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, nofranchise shall be required for a sanitary landfill used only to dispose ofwaste generated by a coal‑fired generating unit that is owned or operatedby an investor‑owned utility subject to the requirements of G.S. 143‑215.107D.
(b2) The Department shallrequire an applicant for a permit or a permit holder under this Article tosatisfy the Department that the applicant or permit holder, and any parent,subsidiary, or other affiliate of the applicant, permit holder, or parent,including any joint venturer with a direct or indirect interest in theapplicant, permit holder, or parent:
(1) Is financiallyqualified to carry out the activity for which the permit is required. Anapplicant for a permit and permit holders for solid waste management facilitiesthat are not hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.2. An applicant for a permitand permit holders for hazardous waste facilities shall establish financialresponsibility as required by G.S. 130A‑295.04.
(2) Has substantiallycomplied with the requirements applicable to any activity in which theapplicant or permit holder, or a parent, subsidiary, or other affiliate of theapplicant, permit holder, or parent, or a joint venturer with a direct orindirect interest in the applicant has previously engaged and has been insubstantial compliance with federal and state laws, regulations, and rules forthe protection of the environment as provided in G.S. 130A‑295.3.
(b3) An applicant for apermit or a permit holder under this Article shall satisfy the Department thatthe applicant has met the requirements of subsection (b2) of this sectionbefore the Department is required to otherwise review the application.
(c) The Commissionshall adopt and the Department shall enforce rules governing the management ofhazardous waste. These rules shall establish a complete and integratedregulatory scheme in the area of hazardous waste management, implement thisPart, and shall:
(1) Establish criteriafor hazardous waste, identify the characteristics of hazardous waste, and listparticular hazardous waste.
(1a) Establish criteriafor hazardous constituents, identify the characteristics of hazardousconstituents, and list particular hazardous constituents.
(2) Require recordkeeping and reporting by generators and transporters of hazardous waste andowners and operators of hazardous waste facilities.
(3) Require properlabeling of hazardous waste containers.
(4) Require use ofappropriate containers for hazardous waste.
(5) Require maintenanceof a manifest system to assure that all hazardous waste is designated fortreatment, storage or disposal at a hazardous waste facility to which a permithas been issued.
(6) Require propertransportation of hazardous waste.
(7) Develop treatmentstorage and disposal standards of performance and techniques to be used byhazardous waste facilities.
(8) Develop standardsregarding location, design, ownership and construction of hazardous wastefacilities; provided, however, that no hazardous waste disposal facility orpolychlorinated biphenyl disposal facility shall be located within 25 miles ofany other hazardous waste disposal facility or polychlorinated biphenyldisposal facility.
(9) Require plans tominimize unanticipated damage from treatment, storage or disposal of hazardouswaste; and a plan or plans providing for the establishment and/or operation ofone or more hazardous waste facilities in the absence of adequate approvedhazardous waste facilities established or operated by any person within theState.
(10) Require propermaintenance and operation of hazardous waste facilities, including requirementsfor ownership by any person or the State, require demonstration of financialresponsibility in accordance with this section and G.S. 130A‑295.04,provide for training of personnel, and provide for continuity of operation andprocedures for establishing and maintaining hazardous waste facilities.
(11) Require owners oroperators of hazardous waste facilities to monitor the facilities.
(12) Authorize or requireinspection or copying of records required to be kept by owners or operators.
(13) Provide forcollection and analysis of hazardous waste samples and samples of hazardouswaste containers and labels from generators and transporters and from ownersand operators of hazardous waste facilities.
(14) Develop a permitsystem governing the establishment and operation of hazardous waste facilities.
(15) Develop additionalrequirements as necessary for the effective management of hazardous waste.
(16) Require the operatorof the hazardous waste disposal facility to maintain adequate insurance tocover foreseeable claims arising from the operation of the facility. TheDepartment shall determine what constitutes an adequate amount of insurance.
(17) Require the bottom ofa hazardous waste disposal facility to be at least 10 feet above the seasonalhigh water table and more when necessary to protect the public health and theenvironment.
(18) Require the operatorof a hazardous waste disposal facility to make monthly reports to the board ofcounty commissioners of the county in which the facility is located on thekinds and amounts of hazardous wastes in the facility.
(d) The Commission isauthorized to adopt and the Department is authorized to enforce rules whereappropriate 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 underthis section may incorporate standards and restrictions which exceed and aremore comprehensive than comparable federal regulations.
(f) Within 10 days ofreceiving an application for a permit or for an amendment to an existing permitfor a hazardous waste facility, the Department shall notify the clerk of theboard of commissioners of the county or counties in which the facility isproposed to be located or is located and, if the facility is proposed to belocated or is located within a city, the clerk of the governing board of thecity, that the application has been filed, and shall file a copy of theapplication with the clerk. Prior to the issuance of a permit or an amendmentof an existing permit the Secretary or the Secretary's designee shall conduct apublic hearing in the county, or in one of the counties in which the hazardouswaste facility is proposed to be located or is located. The Secretary or theSecretary's designee shall give notice of the hearing, and the public hearingshall be in accordance with applicable federal regulations adopted pursuant toRCRA and with Chapter 150B of the General Statutes. Where the provisions of thefederal regulations and Chapter 150B of the General Statutes are inconsistent,the federal regulations shall apply.
(g) The Commissionshall 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 applicablefederal and State law, including statutes, regulations and rules; shall bedeveloped and revised in light of the best available scientific data; and shallbe based on consideration of at least the following factors:
(1) Hydrological andgeological factors, including flood plains, depth to water table, groundwatertravel time, soil pH, soil cation exchange capacity, soil composition andpermeability, cavernous bedrock, seismic activity, slope, mines, and climate;
(2) Environmental andpublic health factors, including air quality, quality of surface andgroundwater, and proximity to public water supply watersheds;
(3) Natural and culturalresources, including wetlands, gamelands, endangered species habitats,proximity to parks, forests, wilderness areas, nature preserves, and historicsites;
(4) Local land uses;
(5) Transportationfactors, including proximity to waste generators, route safety, and method oftransportation;
(6) Aesthetic factors,including the visibility, appearance, and noise level of the facility;
(7) Availability andreliability of public utilities; and
(8) Availability ofemergency response personnel and equipment.
(h) Rules adopted bythe Commission shall be subject to the following requirements:
(1) Repealed by SessionLaws 1989, c. 168, s. 20.
(2) Hazardous wasteshall be treated prior to disposal in North Carolina. The Commission shalldetermine the extent of waste treatment required before hazardous waste can bedisposed of in a hazardous waste disposal facility.
(3) Any hazardous wastedisposal facility hereafter constructed in this State shall meet, at theminimum, the standards of construction imposed by federal regulations adoptedunder the RCRA at the time the permit is issued.
(4) No hazardous wastedisposal facility or polychlorinated biphenyl disposal facility shall belocated within 25 miles of any other hazardous waste disposal facility orpolychlorinated biphenyl disposal facility.
(5) Repealed by SessionLaws 2001‑474, s. 23, effective November 29, 2001.
(6) The following shallnot be disposed of in a hazardous waste disposal facility: ignitables asdefined in the RCRA, polyhalogenated biphenyls of 50 ppm or greaterconcentration, and free liquids whether or not containerized.
(7) Facilities fordisposal or long‑term storage of hazardous waste shall have at a minimumthe following: a leachate collection and removal system above an artificialimpervious liner of at least 30 mils in thickness, a minimum of five feet ofclay or clay‑like liner with a maximum permeability of 1.0 x 10 7centimeters per second (cm/sec) below said artificial liner, and a leachatedetection system immediately below the clay or clay‑like liner.
(8) Hazardous wasteshall not be stored at a hazardous waste treatment facility for over 90 daysprior to treatment or disposal.
(9) The Commission shallconsider any hazardous waste treatment process proposed to it, if the processlessens treatment cost or improves treatment over then current methods orstandards required by the Commission.
(10) Prevention,reduction, recycling, and detoxification of hazardous wastes should be encouragedand promoted. Hazardous waste disposal facilities and polychlorinated biphenyldisposal facilities shall be detoxified as soon as technology which iseconomically feasible is available and sufficient money is available withoutadditional appropriation.
(i) The Departmentshall develop a comprehensive hazardous waste management plan for the State andshall revise the plan on or before 1 July of even‑numbered years. TheDepartment shall report to the Environmental Review Commission on or before 1October of each year on the implementation of the comprehensive hazardous wastemanagement plan. The report shall include an evaluation of how well the Stateand private parties are managing and cleaning up hazardous waste. The reportshall also include recommendations to the Governor, State agencies, and theGeneral Assembly on ways to: improve waste management; reduce the amount ofwaste generated; maximize resource recovery, reuse, and conservation; andminimize the amount of hazardous waste which must be disposed of.
(j) Repealed bySession Laws 2007‑107, s. 1.1(e), effective October 1, 2007.
(k) Each person whogenerates 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 wastegenerated 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 writtendescription of any program to minimize or reduce the volume and quantity ortoxicity of such waste.
(l) Disposal of solidwaste in or upon water in a manner that results in solid waste entering watersor lands of the State is unlawful. Nothing herein shall be interpreted toaffect disposal of solid waste in a permitted landfill.
(m) Demolition debrisconsisting 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 bedisposed of in a permitted landfill or solid waste disposal facility. Suchdemolition debris may not be placed in the waters of the State or at or belowthe seasonal high water table.
(n) The Departmentshall encourage research and development and disseminate information on state‑of‑the‑artmeans of handling and disposing of hazardous waste. The Department may establisha waste information exchange for the State.
(o) The Departmentshall promote public education and public involvement in the decision‑makingprocess for the siting and permitting of proposed hazardous waste facilities.The Department shall assist localities in which facilities are proposed incollecting and receiving information relating to the suitability of theproposed site. At the request of a local government in which facilities areproposed, the Department shall direct the appropriate agencies of Stategovernment to develop such relevant data as that locality shall reasonablyrequest.
(p) The Departmentshall each year recommend to the Governor a recipient for a "Governor'sAward of Excellence" which the Governor shall award for outstanding achievementby an industry or company in the area of waste management.
(q) The Secretaryshall, at the request of the Governor and under the Governor's direction,assist with the negotiation of interstate agreements for the management ofhazardous waste.
(r) The Commissionshall, in accordance with the procedures set forth in G.S. 160A‑211.1 andG.S. 153A‑152.1, review upon appeal specific privilege license tax ratesthat localities may apply to waste management facilities in their jurisdiction.
(s) The Department isauthorized to enter upon any lands and structures upon lands to make surveys,borings, soundings, and examinations as may be necessary to determine thesuitability of a site for a hazardous waste facility or hazardous wastedisposal facility. The Department shall give 30 days notice of the intendedentry authorized by this section in the manner prescribed for service ofprocess by G.S. 1A‑1, Rule 4. Entry under this section shall not bedeemed a trespass or taking; provided, however, that the Department shall makereimbursement for any damage to land or structures caused by these activities. (1969, c. 899; 1973, c. 476,s. 128; 1975, c. 311, s. 4; c. 764, s. 1; 1977, c. 123; 1977, 2nd Sess., c.1216; 1979, c. 464, s. 2; c. 694, s. 2; 1981, c. 704, s. 6; 1983, c. 795, ss.3, 8.1; c. 891, s. 2; 1983 (Reg. Sess., 1984), c. 973, ss. 6, 7; c. 1034, s.73; 1985, c. 582; c. 738, ss. 2, 3; 1985 (Reg. Sess., 1986), c. 1027, s. 31;1987, c. 597; c. 761; c. 773, s. 1; c. 827, ss. 1, 250; c. 848; 1987 (Reg.Sess., 1988), c. 1111, s. 6; 1989, c. 168, ss. 15‑22; c. 317; c. 727, s.218(86); c. 742, s. 6; 1991, c. 537, s. 1; 1993, c. 86, s. 1; c. 273, s. 1; c.365, s. 1; c. 473, ss. 1, 2; c. 501, s. 14; 1993 (Reg. Sess., 1994), c. 580, s.1; c. 722, ss. 1, 2; 1995, c. 502, s. 1; c. 509, s. 70; 1995 (Reg. Sess.,1996), c. 594, ss. 6, 7; 1997‑27, s. 2; 2001‑357, s. 2; 2001‑474,ss. 22, 23, 24, 25; 2002‑148, s. 4; 2003‑37, s. 1; 2006‑256,ss. 1, 2, 3; 2007‑107, ss. 1.1(b), 1.1(d), 1.1(e), 2.1(a); 2007‑495,s. 14; 2007‑550, s. 1(a).)
