§ 130A‑309.10. Prohibited acts relating to packaging; coded labeling of plastic containersrequired; disposal of certain solid wastes in landfills or by incinerationprohibited.
(a) No beverage shallbe sold or offered for sale within the State in a beverage container designedand constructed so that the container is opened by detaching a metal ring ortab.
(b) No person shalldistribute, sell, or offer for sale in this State, any product packaged in acontainer or packing material manufactured with fully halogenatedchlorofluorocarbons (CFC). Producers of containers or packing materialmanufactured with chlorofluorocarbons (CFC) are urged to introduce alternativepackaging materials that are environmentally compatible.
(c) (1) Noplastic bag shall be provided at any retail outlet to any retail customer touse for the purpose of carrying items purchased by that customer unless the bagis composed of material that is recyclable.
(2) It is the goal ofthe State that at least twenty‑five percent (25%) of the plastic bagsprovided at retail outlets in the State to retail customers for carrying itemspurchased by the customer be recycled.
(d) (1) Noperson shall distribute, sell, or offer for sale in this State any polystyrenefoam product that is to be used in conjunction with food for human consumptionunless the product is composed of material that is recyclable.
(2) Repealed by SessionLaws 1995, c. 321, s. 1.
(e) No person shalldistribute, sell, or offer for sale in this State any rigid plastic container,including a plastic beverage container unless the container has a molded labelindicating the plastic resin used to produce the container. The code shallconsist of a number placed within three triangulated arrows and letters placedbelow the triangulated arrows. The three arrows shall form an equilateraltriangle with the common point of each line forming each angle of the triangleat the midpoint of each arrow and rounded with a short radius. The arrowhead ofeach arrow shall be at the midpoint of each side of the triangle with a shortgap separating the arrowhead from the base of the adjacent arrow. The triangleformed by the three arrows curved at their midpoints shall depict a clockwisepath around the code number. The label shall appear on or near the bottom ofthe container and be clearly visible. A container having a capacity of lessthan eight fluid ounces or more than five gallons is exempt from therequirements of this subsection. The numbers and letters shall be as follows:
(1) For polyethyleneterephthalate, the letters "PETE" and the number 1.
(2) For high densitypolyethylene, the letters "HDPE" and the number 2.
(3) For vinyl, theletter "V" and the number 3.
(4) For low densitypolyethylene, the letters "LDPE" and the number 4.
(5) For polypropylene,the letters "PP" and the number 5.
(6) For polystyrene, theletters "PS" and the number 6.
(7) For any other, theletters "OTHER" and the number 7.
(f) No person shallknowingly dispose of the following solid wastes in landfills:
(1) Repealed by SessionLaws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, exceptin landfills approved for the disposal of yard trash under rules adopted by theCommission. Yard trash that is source separated from solid waste may beaccepted at a solid waste disposal area where the area provides and maintainsseparate yard trash composting facilities.
(4) White goods.
(5) Antifreeze (ethyleneglycol).
(6) Aluminum cans.
(7) Whole scrap tires,as provided in G.S. 130A‑309.58(b). The prohibition on disposal of wholescrap tires in landfills applies to all whole pneumatic rubber coverings, butdoes not apply to whole solid rubber coverings.
(8) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(9) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(10) Motor vehicle oilfilters.
(11) Recyclable rigidplastic containers that are required to be labeled as provided in subsection(e) of this section, that have a neck smaller than the body of the container,and that accept a screw top, snap cap, or other closure. The prohibition ondisposal of recyclable rigid plastic containers in landfills does not apply torigid plastic containers that are intended for use in the sale or distributionof motor oil or pesticides.
(12) Wooden pallets,except that wooden pallets may be disposed of in a landfill that is permittedto only accept construction and demolition debris.
(13) Oyster shells.
(14) (Effective January1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(15) (Effective January1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f1) No person shallknowingly dispose of the following solid wastes by incineration in anincinerator for which a permit is required under this Article:
(1) Antifreeze (ethyleneglycol) used solely in motor vehicles.
(2) Aluminum cans.
(3) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(4) White goods.
(5) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(6) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(7) (EffectiveJanuary 1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(8) (EffectiveJanuary 1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f2) Subsection (f1) ofthis section shall not apply to solid waste incinerated in an incineratorsolely owned and operated by the generator of the solid waste. Subsection (f1)of this section shall not apply to antifreeze (ethylene glycol) that cannot berecycled or reclaimed to make it usable as antifreeze in a motor vehicle.
(g) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(h) The accidental oroccasional disposal of small amounts of prohibited solid waste by landfillshall not be construed as a violation of subsection (f) of this section.
(i) The accidental oroccasional disposal of small amounts of prohibited solid waste by incinerationshall not be construed as a violation of subsection (f1) of this section if theDepartment has approved a plan for the incinerator as provided in subsection (j)of this section or if the incinerator is exempt from subsection (j) of thissection.
(j) The Department mayissue a permit pursuant to this Article for an incinerator that is subject tosubsection (f1) of this section only if the applicant for the permit has a planapproved by the Department pursuant to this subsection. The applicant shallfile the plan at the time of the application for the permit. The Departmentshall approve a plan only if it complies with the requirements of thissubsection. The plan shall provide for the implementation of a program toprevent the incineration of the solid waste listed in subsection (f1) of thissection. The program shall include the random visual inspection prior toincineration of at least ten percent (10%) of the solid waste to beincinerated. The program shall also provide for the retention of the records ofthe random visual inspections and the training of personnel to recognize thesolid waste listed in subsection (f1) of this section. If a random visualinspection discovers solid waste that may not be incinerated pursuant tosubsection (f1) of this section, the program shall provide that the operator ofthe incinerator shall dispose of the solid waste in accordance with applicablefederal and State laws, regulations, and rules. This subsection does not applyto an incinerator that disposes only of medical waste.
(k) A county or citymay petition the Department for a waiver from the prohibition on disposal of amaterial described in subdivisions (9), (10), (11) and (12) of subsection (f)of this section in a landfill based on a showing that prohibiting the disposalof the material would constitute an economic hardship.
(l) Oyster shells thatare delivered to a landfill shall be stored at the landfill for at least 90days or until they are removed for recycling. If oyster shells that are storedat a landfill are not removed for recycling within 90 days of delivery to thelandfill, then, notwithstanding subdivision (12) of subsection (f) of thissection, the oyster shells may be disposed of in the landfill. (1989, c. 784, s. 2; 1991,c. 23, s. 1; c. 375, s. 1; 1991 (Reg. Sess., 1992), c. 932, ss. 1, 2; 1993, c.290, s. 1; 1995, c. 321, s. 1; c. 504, s. 9; 1995 (Reg. Sess., 1996), c. 594,s. 17; 2001‑440, ss. 3.1, 3.2; 2005‑348, s. 3; 2005‑362, ss.2, 3; 2006‑226, s. 24(a); 2006‑264, ss. 98.5(a), (c); 2007‑550,ss. 16.3, 16.4; 2008‑198, s. 11.4; 2008‑208, ss. 3, 4, 7; 2009‑499,s. 1; 2009‑484, s. 16(a), (b); 2009‑550, s. 10(a), (b).)
§ 130A‑309.10. Prohibited acts relating to packaging; coded labeling of plastic containersrequired; disposal of certain solid wastes in landfills or by incinerationprohibited.
(a) No beverage shallbe sold or offered for sale within the State in a beverage container designedand constructed so that the container is opened by detaching a metal ring ortab.
(b) No person shalldistribute, sell, or offer for sale in this State, any product packaged in acontainer or packing material manufactured with fully halogenatedchlorofluorocarbons (CFC). Producers of containers or packing materialmanufactured with chlorofluorocarbons (CFC) are urged to introduce alternativepackaging materials that are environmentally compatible.
(c) (1) Noplastic bag shall be provided at any retail outlet to any retail customer touse for the purpose of carrying items purchased by that customer unless the bagis composed of material that is recyclable.
(2) It is the goal ofthe State that at least twenty‑five percent (25%) of the plastic bagsprovided at retail outlets in the State to retail customers for carrying itemspurchased by the customer be recycled.
(d) (1) Noperson shall distribute, sell, or offer for sale in this State any polystyrenefoam product that is to be used in conjunction with food for human consumptionunless the product is composed of material that is recyclable.
(2) Repealed by SessionLaws 1995, c. 321, s. 1.
(e) No person shalldistribute, sell, or offer for sale in this State any rigid plastic container,including a plastic beverage container unless the container has a molded labelindicating the plastic resin used to produce the container. The code shallconsist of a number placed within three triangulated arrows and letters placedbelow the triangulated arrows. The three arrows shall form an equilateraltriangle with the common point of each line forming each angle of the triangleat the midpoint of each arrow and rounded with a short radius. The arrowhead ofeach arrow shall be at the midpoint of each side of the triangle with a shortgap separating the arrowhead from the base of the adjacent arrow. The triangleformed by the three arrows curved at their midpoints shall depict a clockwisepath around the code number. The label shall appear on or near the bottom ofthe container and be clearly visible. A container having a capacity of lessthan eight fluid ounces or more than five gallons is exempt from therequirements of this subsection. The numbers and letters shall be as follows:
(1) For polyethyleneterephthalate, the letters "PETE" and the number 1.
(2) For high densitypolyethylene, the letters "HDPE" and the number 2.
(3) For vinyl, theletter "V" and the number 3.
(4) For low densitypolyethylene, the letters "LDPE" and the number 4.
(5) For polypropylene,the letters "PP" and the number 5.
(6) For polystyrene, theletters "PS" and the number 6.
(7) For any other, theletters "OTHER" and the number 7.
(f) No person shallknowingly dispose of the following solid wastes in landfills:
(1) Repealed by SessionLaws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, exceptin landfills approved for the disposal of yard trash under rules adopted by theCommission. Yard trash that is source separated from solid waste may beaccepted at a solid waste disposal area where the area provides and maintainsseparate yard trash composting facilities.
(4) White goods.
(5) Antifreeze (ethyleneglycol).
(6) Aluminum cans.
(7) Whole scrap tires,as provided in G.S. 130A‑309.58(b). The prohibition on disposal of wholescrap tires in landfills applies to all whole pneumatic rubber coverings, butdoes not apply to whole solid rubber coverings.
(8) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(9) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(10) Motor vehicle oilfilters.
(11) Recyclable rigidplastic containers that are required to be labeled as provided in subsection(e) of this section, that have a neck smaller than the body of the container,and that accept a screw top, snap cap, or other closure. The prohibition ondisposal of recyclable rigid plastic containers in landfills does not apply torigid plastic containers that are intended for use in the sale or distributionof motor oil or pesticides.
(12) Wooden pallets,except that wooden pallets may be disposed of in a landfill that is permittedto only accept construction and demolition debris.
(13) Oyster shells.
(14) (Effective January1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(15) (Effective January1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f1) No person shallknowingly dispose of the following solid wastes by incineration in anincinerator for which a permit is required under this Article:
(1) Antifreeze (ethyleneglycol) used solely in motor vehicles.
(2) Aluminum cans.
(3) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(4) White goods.
(5) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(6) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(7) (EffectiveJanuary 1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(8) (EffectiveJanuary 1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f2) Subsection (f1) ofthis section shall not apply to solid waste incinerated in an incineratorsolely owned and operated by the generator of the solid waste. Subsection (f1)of this section shall not apply to antifreeze (ethylene glycol) that cannot berecycled or reclaimed to make it usable as antifreeze in a motor vehicle.
(g) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(h) The accidental oroccasional disposal of small amounts of prohibited solid waste by landfillshall not be construed as a violation of subsection (f) of this section.
(i) The accidental oroccasional disposal of small amounts of prohibited solid waste by incinerationshall not be construed as a violation of subsection (f1) of this section if theDepartment has approved a plan for the incinerator as provided in subsection (j)of this section or if the incinerator is exempt from subsection (j) of thissection.
(j) The Department mayissue a permit pursuant to this Article for an incinerator that is subject tosubsection (f1) of this section only if the applicant for the permit has a planapproved by the Department pursuant to this subsection. The applicant shallfile the plan at the time of the application for the permit. The Departmentshall approve a plan only if it complies with the requirements of thissubsection. The plan shall provide for the implementation of a program toprevent the incineration of the solid waste listed in subsection (f1) of thissection. The program shall include the random visual inspection prior toincineration of at least ten percent (10%) of the solid waste to beincinerated. The program shall also provide for the retention of the records ofthe random visual inspections and the training of personnel to recognize thesolid waste listed in subsection (f1) of this section. If a random visualinspection discovers solid waste that may not be incinerated pursuant tosubsection (f1) of this section, the program shall provide that the operator ofthe incinerator shall dispose of the solid waste in accordance with applicablefederal and State laws, regulations, and rules. This subsection does not applyto an incinerator that disposes only of medical waste.
(k) A county or citymay petition the Department for a waiver from the prohibition on disposal of amaterial described in subdivisions (9), (10), (11) and (12) of subsection (f)of this section in a landfill based on a showing that prohibiting the disposalof the material would constitute an economic hardship.
(l) Oyster shells thatare delivered to a landfill shall be stored at the landfill for at least 90days or until they are removed for recycling. If oyster shells that are storedat a landfill are not removed for recycling within 90 days of delivery to thelandfill, then, notwithstanding subdivision (12) of subsection (f) of thissection, the oyster shells may be disposed of in the landfill. (1989, c. 784, s. 2; 1991,c. 23, s. 1; c. 375, s. 1; 1991 (Reg. Sess., 1992), c. 932, ss. 1, 2; 1993, c.290, s. 1; 1995, c. 321, s. 1; c. 504, s. 9; 1995 (Reg. Sess., 1996), c. 594,s. 17; 2001‑440, ss. 3.1, 3.2; 2005‑348, s. 3; 2005‑362, ss.2, 3; 2006‑226, s. 24(a); 2006‑264, ss. 98.5(a), (c); 2007‑550,ss. 16.3, 16.4; 2008‑198, s. 11.4; 2008‑208, ss. 3, 4, 7; 2009‑499,s. 1; 2009‑484, s. 16(a), (b); 2009‑550, s. 10(a), (b).)
§ 130A‑309.10. Prohibited acts relating to packaging; coded labeling of plastic containersrequired; disposal of certain solid wastes in landfills or by incinerationprohibited.
(a) No beverage shallbe sold or offered for sale within the State in a beverage container designedand constructed so that the container is opened by detaching a metal ring ortab.
(b) No person shalldistribute, sell, or offer for sale in this State, any product packaged in acontainer or packing material manufactured with fully halogenatedchlorofluorocarbons (CFC). Producers of containers or packing materialmanufactured with chlorofluorocarbons (CFC) are urged to introduce alternativepackaging materials that are environmentally compatible.
(c) (1) Noplastic bag shall be provided at any retail outlet to any retail customer touse for the purpose of carrying items purchased by that customer unless the bagis composed of material that is recyclable.
(2) It is the goal ofthe State that at least twenty‑five percent (25%) of the plastic bagsprovided at retail outlets in the State to retail customers for carrying itemspurchased by the customer be recycled.
(d) (1) Noperson shall distribute, sell, or offer for sale in this State any polystyrenefoam product that is to be used in conjunction with food for human consumptionunless the product is composed of material that is recyclable.
(2) Repealed by SessionLaws 1995, c. 321, s. 1.
(e) No person shalldistribute, sell, or offer for sale in this State any rigid plastic container,including a plastic beverage container unless the container has a molded labelindicating the plastic resin used to produce the container. The code shallconsist of a number placed within three triangulated arrows and letters placedbelow the triangulated arrows. The three arrows shall form an equilateraltriangle with the common point of each line forming each angle of the triangleat the midpoint of each arrow and rounded with a short radius. The arrowhead ofeach arrow shall be at the midpoint of each side of the triangle with a shortgap separating the arrowhead from the base of the adjacent arrow. The triangleformed by the three arrows curved at their midpoints shall depict a clockwisepath around the code number. The label shall appear on or near the bottom ofthe container and be clearly visible. A container having a capacity of lessthan eight fluid ounces or more than five gallons is exempt from therequirements of this subsection. The numbers and letters shall be as follows:
(1) For polyethyleneterephthalate, the letters "PETE" and the number 1.
(2) For high densitypolyethylene, the letters "HDPE" and the number 2.
(3) For vinyl, theletter "V" and the number 3.
(4) For low densitypolyethylene, the letters "LDPE" and the number 4.
(5) For polypropylene,the letters "PP" and the number 5.
(6) For polystyrene, theletters "PS" and the number 6.
(7) For any other, theletters "OTHER" and the number 7.
(f) No person shallknowingly dispose of the following solid wastes in landfills:
(1) Repealed by SessionLaws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, exceptin landfills approved for the disposal of yard trash under rules adopted by theCommission. Yard trash that is source separated from solid waste may beaccepted at a solid waste disposal area where the area provides and maintainsseparate yard trash composting facilities.
(4) White goods.
(5) Antifreeze (ethyleneglycol).
(6) Aluminum cans.
(7) Whole scrap tires,as provided in G.S. 130A‑309.58(b). The prohibition on disposal of wholescrap tires in landfills applies to all whole pneumatic rubber coverings, butdoes not apply to whole solid rubber coverings.
(8) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(9) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(10) Motor vehicle oilfilters.
(11) Recyclable rigidplastic containers that are required to be labeled as provided in subsection(e) of this section, that have a neck smaller than the body of the container,and that accept a screw top, snap cap, or other closure. The prohibition ondisposal of recyclable rigid plastic containers in landfills does not apply torigid plastic containers that are intended for use in the sale or distributionof motor oil or pesticides.
(12) Wooden pallets,except that wooden pallets may be disposed of in a landfill that is permittedto only accept construction and demolition debris.
(13) Oyster shells.
(14) (Effective January1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(15) (Effective January1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f1) No person shallknowingly dispose of the following solid wastes by incineration in anincinerator for which a permit is required under this Article:
(1) Antifreeze (ethyleneglycol) used solely in motor vehicles.
(2) Aluminum cans.
(3) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(4) White goods.
(5) Lead‑acidbatteries, as provided in G.S. 130A‑309.70.
(6) Beverage containersthat are required to be recycled under G.S. 18B‑1006.1.
(7) (EffectiveJanuary 1, 2011) Discarded computer equipment, as defined in G.S. 130A‑309.91.
(8) (EffectiveJanuary 1, 2011) Discarded televisions, as defined in G.S. 130A‑309.91.
(f2) Subsection (f1) ofthis section shall not apply to solid waste incinerated in an incineratorsolely owned and operated by the generator of the solid waste. Subsection (f1)of this section shall not apply to antifreeze (ethylene glycol) that cannot berecycled or reclaimed to make it usable as antifreeze in a motor vehicle.
(g) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 17.
(h) The accidental oroccasional disposal of small amounts of prohibited solid waste by landfillshall not be construed as a violation of subsection (f) of this section.
(i) The accidental oroccasional disposal of small amounts of prohibited solid waste by incinerationshall not be construed as a violation of subsection (f1) of this section if theDepartment has approved a plan for the incinerator as provided in subsection (j)of this section or if the incinerator is exempt from subsection (j) of thissection.
(j) The Department mayissue a permit pursuant to this Article for an incinerator that is subject tosubsection (f1) of this section only if the applicant for the permit has a planapproved by the Department pursuant to this subsection. The applicant shallfile the plan at the time of the application for the permit. The Departmentshall approve a plan only if it complies with the requirements of thissubsection. The plan shall provide for the implementation of a program toprevent the incineration of the solid waste listed in subsection (f1) of thissection. The program shall include the random visual inspection prior toincineration of at least ten percent (10%) of the solid waste to beincinerated. The program shall also provide for the retention of the records ofthe random visual inspections and the training of personnel to recognize thesolid waste listed in subsection (f1) of this section. If a random visualinspection discovers solid waste that may not be incinerated pursuant tosubsection (f1) of this section, the program shall provide that the operator ofthe incinerator shall dispose of the solid waste in accordance with applicablefederal and State laws, regulations, and rules. This subsection does not applyto an incinerator that disposes only of medical waste.
(k) A county or citymay petition the Department for a waiver from the prohibition on disposal of amaterial described in subdivisions (9), (10), (11) and (12) of subsection (f)of this section in a landfill based on a showing that prohibiting the disposalof the material would constitute an economic hardship.
(l) Oyster shells thatare delivered to a landfill shall be stored at the landfill for at least 90days or until they are removed for recycling. If oyster shells that are storedat a landfill are not removed for recycling within 90 days of delivery to thelandfill, then, notwithstanding subdivision (12) of subsection (f) of thissection, the oyster shells may be disposed of in the landfill. (1989, c. 784, s. 2; 1991,c. 23, s. 1; c. 375, s. 1; 1991 (Reg. Sess., 1992), c. 932, ss. 1, 2; 1993, c.290, s. 1; 1995, c. 321, s. 1; c. 504, s. 9; 1995 (Reg. Sess., 1996), c. 594,s. 17; 2001‑440, ss. 3.1, 3.2; 2005‑348, s. 3; 2005‑362, ss.2, 3; 2006‑226, s. 24(a); 2006‑264, ss. 98.5(a), (c); 2007‑550,ss. 16.3, 16.4; 2008‑198, s. 11.4; 2008‑208, ss. 3, 4, 7; 2009‑499,s. 1; 2009‑484, s. 16(a), (b); 2009‑550, s. 10(a), (b).)
