Bill Text: NC H321 | 2013-2014 | Regular Session | Introduced
Bill Title: Amend Local Solid Waste Planning
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2013-08-23 - Ch. SL 2013-409 [H321 Detail]
Download: North_Carolina-2013-H321-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H D
HOUSE DRH80099-MH-52 (02/22)
|
Short Title: Amend Local Solid Waste Planning. |
(Public) |
|
|
Sponsors: |
Representatives McGrady, McElraft, G. Graham, and Speciale (Primary Sponsors). |
|
|
Referred to: |
|
|
A BILL TO BE ENTITLED
AN ACT to repeal the requirement that local governments develop and maintain a solid waste management plan.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A‑309.09A reads as rewritten:
"§ 130A‑309.09A. Local government solid waste responsibilities.
(a) The governing board of each unit of local government shall assess local solid waste collection services and disposal capacity and shall determine the adequacy of collection services and disposal capacity to meet local needs and to protect human health and the environment. Each unit of local government shall implement programs and take other actions that it determines are necessary to address deficiencies in service or capacity required to meet local needs and to protect human health and the environment. A unit of local government may adopt ordinances governing the disposal, in facilities that it operates, of solid waste generated outside of the area designated to be served by the facility. Such ordinances shall not be construed to apply to privately operated disposal facilities located within the boundaries of the unit of local government.
(b) Each unit of local government, either
individually or in cooperation with other units of local government, shall
develop a 10‑year comprehensive solid waste management plan.Units of
local government shall make a good‑faith effort to achieve the State's
forty percent (40%) municipal solid waste reduction goal and to comply with the
State's comprehensive solid waste management plan. Each unit of local
government shall develop its solid waste management plan with public
participation, including, at a minimum, one advertised public meeting. The
Department shall assist units of local government in the preparation of the
plan required by this subsection if the unit of local government requests
assistance. Each plan shall be updated at least every three years. In order to
assure compliance with this subsection, each unit of local government shall
provide the Department with a copy of its current plan upon request by the
Department. Each plan shall:
(1) Evaluate the solid waste stream in the
geographic area covered by the plan.
(2) Include a goal for the reduction of
municipal solid waste on a per capita basis by 30 June 2001 and a goal for the
further reduction of municipal solid waste by 30 June 2006. The solid waste
reduction goals shall be determined by the unit or units of local government
that prepare the plan, and shall be determined so as to assist the State, to
the maximum extent practical, to achieve the State's forty percent (40%)
municipal solid waste reduction goal as set out in G.S. 130A‑309.04(c).
(3) Be designed to achieve the solid waste
reduction goals established by the plan.
(4) Include a description of the process by
which the plan was developed, including provisions for public participation in
the development of the plan.
(5) Include an assessment of current programs
and a description of intended actions with respect to the following solid waste
management methods:
a. Reduction at the source.
b. Collection.
c. Recycling and reuse.
d. Composting and mulching.
e. Incineration with energy recovery.
f. Incineration without energy recovery.
g. Transfer outside the geographic area
covered by the plan.
h. Disposal.
(6) Include an assessment of current programs
and a description of intended actions with respect to:
a. Education with the community and through
the schools.
b. Management of special wastes.
c. Prevention of illegal disposal and
management of litter.
d. Purchase of recycled materials and
products manufactured with recycled materials.
e. For each county and each municipality
with a population in excess of 25,000, collection of discarded computer
equipment and televisions, as defined in G.S. 130A‑309.131.
(7) Include a description and assessment of
the full cost of solid waste management, including the costs of collection,
disposal, waste reduction, and other programs, and of the methods of financing
those costs.
(8) Consider the use of facilities and other
resources for management of solid waste that may be available through private
enterprise.
(9) (Expires October 1, 2023)
Include as a component a written plan for the management of abandoned
manufactured homes as required under G.S. 130A‑309.113(a).
(d) In order to assess the progress in meeting the goal set out in G.S. 130A‑309.04, each unit of local government shall report to the Department on the solid waste management programs and waste reduction activities within the unit of local government by 1 September of each year. At a minimum, the report shall include:
(1) A description of public education programs on recycling.
(2) The amount of solid waste received at municipal solid waste management facilities, by type of solid waste.
(3) The amount and type of materials from the solid waste stream that were recycled.
(4) The percentage of the population participating in various types of recycling activities instituted.
(5) The annual reduction in municipal solid waste, measured as provided in G.S. 130A‑309.04.
(6) Information regarding programs and other actions implemented as part of the local comprehensive solid waste management plan.
(7) A statement of the costs of solid waste management programs implemented by the unit of local government and the methods of financing those costs.
(8) Information regarding permanent recycling programs for discarded computer equipment and televisions for which funds are received pursuant to G.S. 130A‑309.137, and information on operative interlocal agreements executed in conjunction with funds received, if any.
(9) A description of the disaster debris management program.
(10) A description of scrap tire disposal procedures.
(11) A description of white goods management procedures.
(12) Information regarding the prevention of illegal disposal and management of litter.
."
SECTION 2. G.S. 130A‑309.09B reads as rewritten:
"§ 130A‑309.09B. Local government waste reduction programs.
(a) Each unit of local government shall establish and
maintain a solid waste reduction program that will enable the unit of local
government to meet the local solid waste reduction goals established pursuant
to G.S. 130A‑309.09A(b)(2).program. The following
requirements shall apply:
."
SECTION 3. G.S. 130A‑309.09C(g) reads as rewritten:
"§ 130A‑309.09C. Additional powers of local governments; construction of this Part; effect of noncompliance.
(g) In addition to any other penalties provided by
law, a unit of local government that does not comply with the requirements of G.S. 130A‑309.09A(b)
and G.S. 130A‑309.09B(a)and G.S. 130A‑309A(d)
shall not be eligible for grants from the Solid Waste Management Trust Fund,
the Scrap Tire Disposal Account, or the White Goods Management Account and
shall not receive the proceeds of the scrap tire disposal tax imposed by
Article 5B of Chapter 105 of the General Statutes or the proceeds of the white
goods disposal tax imposed by Article 5C of Chapter 105 of the General Statutes
to which the unit of local government would otherwise be entitled. The
Secretary shall notify the Secretary of Revenue to withhold payment of these
funds to any unit of local government that fails to comply with the
requirements of G.S. 130A‑309.09A(b) and G.S. 130A‑309.09B(a).
G.S. 130A‑309.09A(d). Proceeds of the scrap tire disposal
tax that are withheld pursuant to this subsection shall be credited to the
Scrap Tire Disposal Account and may be used as provided in G.S. 130A‑309.63.
Proceeds of the white goods disposal tax that are withheld pursuant to this
subsection shall be credited to the White Goods Management Account and may be
used as provided in G.S. 130A‑309.83."
SECTION 4. G.S. 130A‑309.58(d) reads as rewritten:
"§ 130A‑309.58. Disposal of scrap tires.
(d) Each county is responsible for developing a
description of scrap tire disposal procedures. These procedures shall be
included in any solid waste management plan required by the Department under
this Article. These procedures shall be included in the annual report
required by the Department under this Article. Further, any revisions to
the initial description of the scrap tire disposal procedures shall be
forwarded to the Department.
."
SECTION 5. G.S. 130A‑309.81(c) reads as rewritten:
"§ 130A‑309.81. Management of discarded white goods; disposal fee prohibited.
(c) Plan. Each county shall establish written
procedures for the management of white goods. The county shall include the
procedures in any solid waste management plan required by the Department under
this Article.These procedures shall be included in the annual report
required by the Department under this Article."
SECTION 6. G.S. 130A‑309.113(a) reads as rewritten:
"§ 130A‑309.113. (Effective July 1, 2009, and expiring October 1, 2023) Management of abandoned manufactured homes.
(a) Plan. Each county shall consider whether to
implement a program for the management of abandoned manufactured homes. If,
after consideration, the county decides not to implement a program, the county
must state in the comprehensive solid waste management plan that it is required
to develop under G.S. 130A‑309.09A(b) that the county considered
whether to implement a program for the management of abandoned manufactured
homes and decided not to do so. A county may, at any time, reconsider its
decision not to implement a program for the management of abandoned manufactured
homes. If If at any time the county decides to implement a program,
the county shall develop a written plan for the management of abandoned
manufactured homes and include the plan as a component of the comprehensive
solid waste management plan it is required to develop under G.S. 130A‑309.09A(b).homes.
This plan shall be included in the annual report required by the Department
under this Article. At a minimum, the plan shall include:
(1) A method by which the county proposes to identify abandoned manufactured homes in the county, including, without limitation, a process by which manufactured home owners or other responsible parties may request designation of their home as an abandoned manufactured home.
(2) A plan for the deconstruction of these abandoned manufactured homes.
(3) A plan for the removal of the deconstructed components, including mercury switches from thermostats, for reuse or recycling, as appropriate.
(4) A plan for the proper disposal of abandoned manufactured homes that are not deconstructed under subdivision (2) of this subsection.
."
SECTION 7. G.S. 130A‑309.137 reads as rewritten:
"§ 130A‑309.137. (See editor's note) Electronics Management Fund.
(c) Eligibility. Except as provided in subsection
(d) of this section, no more than one unit of local government per county,
including the county itself, may receive funding pursuant to this section for a
program to manage discarded computer equipment, televisions, and other
electronic devices. In order to be eligible for funding, a A unit
of local government shall:shall submit a plan to include:
(1) Submit a comprehensive solid waste management
plan required pursuant to G.S. 130A‑309.09A, amended as necessary to
include the following information:
a. Information on existing programs within the
jurisdiction to recycle or reuse discarded computer equipment, televisions, and
other electronic devices, or information on a plan to begin such a program on a
date certain. This information shall include a description of the implemented
or planned practices for collection of the equipment and a description of the
types of equipment to be collected and how the equipment will be marketed for
recycling.
(2) b. Information
on a public awareness and education program concerning the recycling and reuse
of discarded computer equipment, televisions, and other electronic devices.
(3) c. Information
on methods to track and report total tonnage of computer equipment,
televisions, and other electronic devices collected and recycled in the
jurisdiction.
(4) d. Information
on interactions with other units of local government to provide or receive
services concerning disposal of discarded computer equipment, televisions, and
other electronic devices.
(5) e. Information
on how the unit of local government will account for the expenditure of funds
received pursuant to this section.
(2) Establish
a separate local budget account for the receipt and expenditure of funds
received pursuant to this section.
(3)(6) Contract
Proof of contract or agreement with a recycler that is certified as
adhering to Responsible Recycling ("R2") practices or that is
certified as an e‑Steward recycler adhering to the e‑Stewards
Standard for Responsible Recycling and Reuse of Electronic Equipmentฎ to
process the discarded computer equipment, televisions, and other electronic
devices that the unit of local government collects.
Documentation meeting the requirements of subdivision (c)(6) of this section, new plans, or revisions to plans as necessary must be submitted on or before December 31 in order to be eligible for funding during the next distribution by the Department.
(d) Local Government Designation. If more than one
unit of local government in a county, including the county itself, requests
funding pursuant to this section, the units of local government in question may:
(i)may enter into interlocal agreements for provision of services
concerning disposal of discarded computer equipment and televisions, and
distribution of funds received pursuant to this section among the parties to the
agreement; or (ii) submit separate and distinct comprehensive solid waste
management plans pursuant to G.S. 130A‑309.09A, with the information
set forth in sub‑subdivisions a. through e. of subdivision (1) of
subsection (c) of this section. In the case of (ii), the Department shall
distribute funds to the local governments determined to be eligible based on
the percentage of the county's population to be served under each eligible
local government's program.agreement. If the units of local government
do not enter into an interlocal agreement regarding funding under this section,
the Department shall distribute funds to the eligible local governments based
on the percentage of the county's population to be served under each eligible
local government's program.
."
SECTION 8. This act is effective when it becomes law.
