GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    2

SENATE BILL 580

Agriculture/Environment/Natural Resources Committee Substitute Adopted 5/15/13

 

Short Title:        Expedite Cleanup of Orphan Landfill Sites.		(Public)
Sponsors:
Referred to:

April 4, 2013

A BILL TO BE ENTITLED

AN ACT To establish the north carolina Contamination Source Removal and Disposal board, and to direct the board and the Division of Waste Management of the department of environment and natural resources to study development and implementation of a pilot program to allow a public‑private partnership for the safe and expedited remediation of Pre‑1983 landfills at little or no cost to the state.

The General Assembly of North Carolina enacts:

SECTION 1.  Legislative findings. – The General Assembly makes the following findings regarding the remediation of pre‑1983 landfills:

(1)        Despite a dedicated source of revenue and a considerable fund balance, little progress has been made in active cleanup of these landfill sites.

(2)        Qualified private firms should be given the opportunity to demonstrate they can remediate pre‑1983 landfill sites under the oversight of the Department of Environment and Natural Resources more quickly and less expensively than a traditional remedial action developed and conducted by the Department.

(3)        Implementation of a pilot program to allow a public‑private partnership for the safe and expedited remediation of pre‑1983 landfills at little or no cost to the State may result in multiple benefits to the State and its citizenry, including (i) eliminating environmental hazards that are associated with the many sites across the State that have yet to be remediated; (ii) decreasing the State's economic liability for these sites; and (iii) promoting economic growth through job creation associated with returning these sites to beneficial and productive use due to jobs that may be expected from active remediation activities at these sites, and jobs that may be expected after these sites have been returned to developable commercial and other uses.

SECTION 2.  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:

"Part 9.  North Carolina Contamination Source Removal and Disposal Board.

"§ 130A‑310.80.  North Carolina Contamination Source Removal and Disposal Board – creation; powers and duties.

(a)        Creation. – There is hereby created the North Carolina Contamination Source Removal and Disposal Board of the Department of Environment and Natural Resources.

(b)        Purpose. – The purposes and functions of the Contamination Source Removal and Disposal Board are to identify, evaluate, and facilitate innovative processes and mechanisms for safe and more expeditious and cost‑effective cleanup of pre‑1983 landfills, as that term is defined under G.S. 130A‑290(a)(22a), to return these sites to beneficial and productive use for the good of the State and its citizens.

(c)        Authority. – To achieve its purposes, the Board shall have all of the following powers and duties:

(1)        To pursue efforts directed at the expeditious and cost‑effective cleanup of pre‑1983 landfills.

(2)        To develop rules and procedures for the conduct of its business or as may be necessary to perform its duties and carry out its objectives, including, but not limited to, calling meetings and establishing voting procedures. Rules and procedures developed pursuant to this subsection shall be effective upon an affirmative vote by a majority of the Board members.

(3)        To establish standing and ad hoc committees. The Board shall determine the purpose of each standing or ad hoc committee.

(4)        To seek, apply for, and accept grants from public or private sources. The Board may accept or expend funds only after an affirmative vote by a majority of the members of the Board.

(5)        To exercise the powers of a body corporate, including the power to sue and be sued, and adopt and use a common seal and alter the same.

(6)        To enter into contracts and execute all instruments necessary or appropriate to achieve the purposes of the Board.

(7)        To designate a fiscal agent.

(8)        To perform any lawful acts necessary or appropriate to achieve the purposes of the Board.

(d)        Membership. – The Board shall consist of seven members as follows:

(1)        The Secretary of Environment and Natural Resources or the Secretary's designee, ex officio.

(2)        One appointed by the Governor with extensive private sector experience in waste handling, removal, transportation, and disposal.

(3)        One appointed by the Governor representing a local government with a pre‑1983 landfill located within its jurisdiction.

(4)        One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who shall be a licensed private sector environmental engineer with experience in contamination source removal, transportation, and disposal.

(5)        One appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who shall be a private sector manager with extensive experience in industrial wastes, environmental restoration, remediation, and mitigation of contamination resulting from industrial activities.

(6)        One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who shall be a licensed private sector attorney with experience in legal matters associated with contamination removal, transportation, and disposal.

(7)        One appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who is a member of the Commission for Public Health and knowledgeable in the principles of waste management.

(e)        Terms. – The term of office of members of the Board is three years. A member may be reappointed to no more than two consecutive three‑year terms. The term of a member who no longer meets the qualifications of their respective appointment, as set forth in subsection (d) of this section, shall terminate but the member may continue to serve until a new member who meets the qualifications is appointed. The terms of members appointed under subdivisions (2), (4), and (6) of subsection (d) of this section shall expire on June 30 of years evenly divisible by three. The terms of members appointed under subdivisions (3), (5), and (7) of subsection (d) of this section shall expire on June 30 of years that precede by one year those years that are evenly divisible by three.

(f)         Vacancies; Removal from Office. –

(1)        Any appointment by the Governor to fill a vacancy on the Board created by the resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. The Governor shall have the power to remove any member of the Board from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B‑13 of the Executive Organization Act of 1973.

(2)        Members appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be made in accordance with G.S. 120‑121, and vacancies in those appointments shall be filled in accordance with G.S. 120‑122. In accordance with Section 10 of Article VI of the North Carolina Constitution, a member may continue to serve until a successor is duly appointed.

(g)        Compensation. – The members of the Board shall receive per diem and necessary traveling and subsistence expenses in accordance with the provisions of G.S. 138‑5.

(h)        Quorum. – A majority of the Board shall constitute a quorum for the transaction of business.

(i)         Officers. – The Governor shall appoint a chair and vice‑chair, and any other officers the Governor considers necessary, and shall determine the length of the term of office of each officer.

(j)         Staff. – All staff support required by the Board shall be supplied by the Division of Waste Management of the Department of Environment and Natural Resources.

(k)        Reports. – The Board shall submit quarterly written reports as to its operation, activities, programs, and progress to the Environmental Review Commission. The Board shall supplement the written reports required by this subsection with additional written and oral reports as may be requested by the Environmental Review Commission. The Board shall submit the written reports required by this subsection whether or not the General Assembly is in session at the time the report is due.

(l)         Meetings. – The Board shall meet at least quarterly and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least four members.

(m)       Advisory role. – The role of the Board is advisory in nature, and in no way shall the Board be construed to have regulatory authority. No action of the Board supercedes any decision of the Division of Waste Management or the Department of Environment and Natural Resources.

SECTION 3.(a)  The North Carolina Contamination Source Removal and Disposal Board and the Division of Waste Management of the Department of Environment and Natural Resources shall study development and implementation of a pilot program to be primarily administered under the Board's oversight that allows cleanup of pre‑1983 landfill sites using a public‑private partnership for the expedited and safe remediation of pre‑1983 landfills to return those sites to safe and beneficial and productive use, at little or no cost to the State. At a minimum, the study shall include all of the following:

(1)        Identification of no less than nine pre‑1983 landfills suitable for inclusion in a pilot program (pilot sites), which are representative of the types of sites included within the Department's list of pre‑1983 landfills. For purposes of this subdivision, "representative" means that if all landfill sites identified were sorted into a matrix of nine categories with the degree of risk to groundwater and human receptors (grouped into categories of low, medium, and high) being three columns and size of site (grouped into categories of small, medium, and large) being three rows, the nine sites chosen for the pilot program would include one site in each category.

(2)        Evaluation of the feasibility of contracting with private entities for remediation of the pilot sites identified at little or no cost to the State, with all or most of the compensation given from the State to the private entities for the remediation performed resulting from the private entities' recovery of recyclable and reusable materials from the pilot sites.

(3)        Evaluation of contracts with private entities that may be executed as proposed under the principles of the pilot program in terms of compatibility with and adherence to the laws of the State governing public contracting requirements under Article 3 of Chapter 143 of the General Statutes.

(4)        Evaluation of allowing use of remediation requirements for the pilot sites in accordance with those set forth in the Department's rules for "Voluntary Remedial Action Oversight by Registered Environmental Consultants," codified at 15A NCAC 13C .0300, or other requirements that will allow the pilot sites to return to safe and beneficial and productive use in the most cost‑effective manner.

(5)        Requirements for periodic monitoring of pilot sites to ensure remediation is safely performed for subsequent use of the properties and completed to the satisfaction of the Department.

(6)        Review and evaluation of other states' requirements, programs, and policies for remediation of sites similar to those classified as "pre‑1983 landfills" as defined by the State of North Carolina, with a focus on other states that may have implemented requirements, programs, and policies that are resulting in safe remediation of such sites, which are performed in a more cost‑effective and expeditious manner than that performed in North Carolina under traditional remediation requirements, programs, and policies.

SECTION 3.(b)  In the conduct of the study, the Department shall seek United States Environmental Protection Agency approval for implementation of all elements of a pilot program proposed pursuant to this study. On or before December 31, 2013, the Department of Environment shall develop and submit any Memoranda of Agreement, delineations of programmatic responsibility, procedure for coordination, and other information that the United States Environmental Protection Agency may require in order to effectuate the elements of a pilot program proposed pursuant to this study.

SECTION 3.(c)  The Board and the Department shall report their findings and recommendations, including any legislative proposals, to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations on or before January 15, 2014.

SECTION 4.  This act is effective when it becomes law.