GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 2192*
Short Title: Amend Solid Waste Franchise Statutes.
Representatives Harrison, Gibson, Goodwin, Faison (Primary Sponsors); Adams, Alexander, Fisher, Glazier, Haire, Insko, Luebke, Martin, McLawhorn, Underhill, Weiss, and Womble.
Environment and Natural Resources.
May 18, 2006
A BILL TO BE ENTITLED
AN ACT to amend the statutes governing solid waste franchise agreements in order to ensure that sanitary landfill franchises are awarded and renewed only after adequate public notice of the location of a proposed site and after public participation in the decision to award the franchise; to clarify that local governments may, but are not required to, award solid waste franchises; and, to ensure that solid waste franchises are consistent with local solid waste management plans and are subject to local government oversight and regulation of rates and fees, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A-294(b1)(2) reads as rewritten:
"(2) Within 10 days after
receiving an application for a permit, for the renewal of a permit, or for a
substantial amendment to a permit for a sanitary landfill, the Department shall
notify the clerk of the board of commissioners of the county or counties in
which the sanitary landfill is proposed to be located or is located and, if the
sanitary landfill is proposed to be located or is located within a city, the
clerk of the governing board of the city, that the application has been filed
and shall file a copy of the application with the clerk. Prior to the award
or renewal of a franchise for construction or operation of a sanitary landfill
or the entry of any host agreement or other contract providing for issuance of
a franchise for a sanitary landfill,
the issuance of a permit, the
renewal of a permit, or a substantial amendment to a permit, the board of
commissioners of the county or counties in which the sanitary landfill is
proposed to be located or is located or, if the sanitary landfill is proposed
to be located or is located in a city, the governing board of the city shall
conduct a public hearing when sufficient public interest exists. hearing.
The board of commissioners of the county or counties in which the sanitary
landfill is proposed to be located or is located or, if the sanitary landfill
is proposed to be located or is located in a city, the governing board of the
city shall provide adequate noticeat least 30 days' notice to
the public of the public hearing hearing. The notice shall include
the proposed location of any proposed solid waste facilities governed by the
proposed franchise or permit, and shall specify the procedure to be
followed at the public hearing. At the time public notice of the public
hearing is given, the applicant for a franchise shall provide a copy of a
conceptual facility plan for development of the sanitary landfill to the
governing board. The applicant shall also provide a copy of the plan to the
public library closest to the proposed landfill site to be made available for
inspection and copying by the public. The notice of public hearing shall state
where the facility plan may be reviewed and copied by the public. The
conceptual facility plan shall include the boundaries of the proposed facility,
proposed development of the site in five-year operational phases, the
boundaries of the area, final elevations and capacity of all waste disposal
units, and shall show the location of soil borrow areas, leachate facilities,
and all other facilities and infrastructure, including ingress and egress to
the facility. The conceptual facility plan shall also include a description of
environmental controls, the types of waste to be disposed of at the facility,
the area and population to be served by the landfill, the amount of waste to be
received per day in tons, the total waste disposal capacity of the landfill in
tons, the projected useful life of the landfill, and a description of any other
waste management activities to be conducted at the facility."
SECTION 2. G.S. 130A-294(b1)(3) reads as rewritten:
"(3) An applicant for a new
permit, the renewal of a permit, or a substantial amendment to a permit for a
sanitary landfill shall obtain, prior to applying for a permit, a franchise for
the operation of the sanitary landfill from each local government having
jurisdiction over any part of the land on which the sanitary landfill and its
appurtenances are located or to be located. A local government
adopt a franchise ordinance under G.S. 153A-136 or G.S. 160A-319
prior to the submittal by an applicant of an application for a new permit, the
renewal of a permit, or a substantial amendment to a permit for a sanitary
landfill. A franchise granted for a sanitary landfill shall include:
a. A statement of the population to be served, including a description of the geographic area.
b. A description of the volume and characteristics of the waste stream.
c. A projection on the useful life of the landfill.
d. An explanation of how the franchise will be consistent with the jurisdiction's solid waste management plan required under G.S. 130A-309.09A, including provisions for waste reduction, reuse, and recycling.
e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise.
f. An exact description of the boundaries of the proposed site for the landfill and its appurtenances for which the franchise is issued and the number of acres the site covers."
SECTION 3. This act is effective when it becomes law and applies to applications for franchise awards or renewals pending on or after that date.