GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S                                                                                                                                                     1

SENATE BILL 1492

 

 

 

 

Short Title:     Solid Waste Management Act of 2007.

(Public)

Sponsors:

Senators Clodfelter and Albertson.

Referred to:

Agriculture/Environment/Natural Resources.

March 27, 2007

A BILL TO BE ENTITLED

AN ACT To: (1) clarify the circumstances under which an application for a solid waste management permit may be denied; (2) specify technical requirements for solid waste containers; (3) provide that solid waste management permits are not transferable; (4) increase the penalties that may be imposed for solid waste violations; (5) require that an applicant for a permit and a permit holder establish financial responsibility to ensure the availability of sufficient funds for proper design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of a solid waste management facility; (6) require that an owner or operator of a sanitary landfill establish financial responsibility sufficient to cover a minimum of three million dollars in costs for potential assessment and corrective action at the facility, in addition to other financial responsibility requirements; (7) clarify and expand the scope of environmental compliance review requirements; (8) clarify that a parent, subsidiary, or other affiliate of the applicant or parent, including any business entity or joint venturer with a direct or indirect financial or equity interest in the applicant is subject to financial responsibility and environmental compliance review; (9) Specify additional technical requirements for solid waste management facilities; (10) require that all applicants for solid waste management facility permits conduct an Environmental impact study and traffic study; (11) clarify the circumstances under which a unit of local government may collect a solid waste availability fee; (12) authorize certain units of local government to hire landfill liaisons; (13) provide for state-level review of proposed multi-jurisdictional solid waste management facilities; (14) establish fees applicable to permits for solid waste management facilities to support the solid waste management program; (15) establish a solid waste disposal fee to be imposed on The disposal of municipal solid waste in landfills in the state and on the transfer of municipal solid waste for disposal outside the state in order to provide funds for the assessment and remediation of orphan landfills and other contaminated sites; and (16) make related clarifying, conforming, and technical changes.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 130A-294 reads as rewritten:

" 130A-294.  Solid waste management program.

(a)       The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:

(1)       Develop a comprehensive program for implementation of safe and sanitary practices for management 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 and carrying out of a solid waste management program;

(3)       Develop and adopt rules to establish standards for qualification as a "recycling, reduction or resource recovering facility" or as "recycling, reduction or resource recovering equipment" for the purpose of special tax classifications or treatment, and to certify as qualifying those applicants which meet the established standards. The standards shall be developed to qualify only those facilities and equipment exclusively used in the actual waste recycling, reduction or resource recovering process and shall exclude any incidental or supportive facilities and equipment;

(4)      a.         Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on-site disposal of land clearing and inert debris is exempt from the permit 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 renewal of 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 this section. No permit shall be granted for a solid waste management facility having discharges that are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143-215.1. If the applicant is a unit of local government, and has not submitted a solid waste management 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 that disposes of solid waste by incineration, unless the Commission has not adopted rules pursuant to G.S. 130A-309.29 for local solid waste management plans. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans that will be required for the applicant to obtain a permit.

b.         The issuance of permits for sanitary landfills operated by local governments is exempt from the environmental impact statements required by Article 1 of Chapter 113A of the General Statutes, entitled the North Carolina Environmental Policy Act of 1971. All sanitary landfill permits issued to local governments prior to July 1, 1984, are hereby validated notwithstanding any failure to provide environmental impact statements pursuant to the North Carolina Environmental Policy Act of 1971;

c.         The Department shall deny an application for a permit for a solid waste management facility if the Department finds that:

1.         Construction or operation of the proposed facility would be inconsistent with or violate rules adopted by the Commission.

2.         Construction or operation of the proposed facility would result in a violation of water quality standards adopted by the Environmental Management Commission pursuant to G.S. 143-214.1 for waters, as defined in G.S. 143-213.

3.         Construction or operation of the proposed facility would result in major or irreversible damage to important environmental, historic, cultural, scientific, or scenic values, or natural systems or  processes which are of more than local significance, or could unreasonably endanger life or property as a result of natural hazards, or could result in loss of continued long-range productivity in renewable resource areas.

4.         Construction or operation of the proposed facility would limit or threaten access to or use of public trust waters.

5.         The proposed facility would be located in a natural hazard area, including a floodplain or an area subject to excessive seismic activity, such that the facility will present a risk to public health or safety.

6.         There is a practicable alternative that would accomplish the purposes of the proposed facility with less adverse impact on public resources, considering engineering requirements and economic costs.

7.         The cumulative impacts of the proposed facility and other facilities in the area of the proposed facility would violate the criteria set forth in sub-sub-subdivisions (2) through (5) of this sub-subdivision.

(4a)     No permit shall be granted for any public or private sanitary landfill to receive solid non-radioactive waste generated outside the boundaries of North Carolina to be deposited, unless such waste has previously been inspected by the solid waste regulatory agency of that nation, state or territory, characterized in detail as to its contents and certified by that agency to be non-injurious to health and safety. The Commission shall adopt rules to implement this subsection.

(5)       Repealed by Session Laws 1983, c. 795, s. 3.

(5a)     Designate a geographic area within which the collection, transportation, storage and disposal of all solid waste generated within said area shall be accomplished in accordance with a solid waste management plan. Such designation may be made only after the Department has received a request from the unit or units of local government having jurisdiction within said geographic area that such designation be made and after receipt by the Department of a solid waste management plan which shall include:

a.         The existing and projected population for such area;

b.         The quantities of solid waste generated and estimated to be generated in such area;

c.         The availability of sanitary landfill sites and the environmental impact of continued landfill of solid waste on surface and subsurface waters;

d.         The method of solid waste disposal to be utilized and the energy or material which shall be recovered from the waste; and

e.         Such other data that the Department may reasonably require.

(5b)     Authorize units of local government to require by ordinance, that all solid waste generated within the designated geographic area that is placed in the waste stream for disposal be collected, transported, stored and disposed of at a permitted solid waste management facility or facilities serving such area. The provisions of such ordinance shall not be construed to prohibit the source separation of materials from solid waste prior to collection of such solid waste for disposal, or prohibit collectors of solid waste from recycling materials or limit access to such materials as an incident to collection of such solid waste; provided such prohibitions do not authorize the construction and operation of a resource recovery facility unless specifically permitted pursuant to an approved solid waste management plan. If a private solid waste landfill shall be substantially affected by such ordinance then the unit of local government adopting the ordinance shall be required to give the operator of the affected landfill at least two years written notice prior to the effective date of the proposed ordinance.

(5c)     Except for the authority to designate a geographic area to be serviced by a solid waste management facility, delegate authority and responsibility to units of local government to perform all or a portion of a solid waste management program within the jurisdictional area of the unit of local government; provided that no authority over or control of the operations or properties of one local government shall be delegated to any other local government.

(5d)     Require that an annual report of the implementation of the solid waste management plan within the designated geographic area be filed with the Department.

(6)       The Department is authorized to charge Charge and collect fees from operators of hazardous waste disposal facilities. The fees shall be used to establish a fund sufficient for each individual facility to defray the anticipated costs to the State for monitoring and care of the facility after the termination of the period during which the facility operator is required by applicable State and federal statutes, regulations or rules to remain responsible for post-closure monitoring and care. In establishing the fees, consideration shall be given to the size of the facility, the nature of the hazardous waste and the projected life of the facility.

(7)       Establish and collect annual fees from generators and transporters of hazardous waste, and from storage, treatment, and disposal facilities regulated under this Article as provided in G.S. 130A-294.1.

(8)       Require that a container used to transport solid waste by railway or barge meet the following requirements:

a.         The waste container shall be completely enclosed or covered and designed, constructed, loaded, operated, secured, and maintained so as to prevent the escape of wastes, liquids, and odors, accidents during loading, transportation, unloading, and the loss or spillage of wastes and liquids in the event of an accident.

b.         The waste container shall be certified as watertight when it is placed into service and at least once every six months thereafter while it remains in service. In order to be certified as watertight, a waste container shall:

1.         Have a minimum internal head of 24 inches of water applied to the container in an upright position for at least 15 minutes during which the container shall remain free from the escape of water.

2.         Be visually inspected for damage on all sides, plus the top and bottom and must have no visible holes, gaps, or structural damage affecting the container's integrity or performance.

(9)       Require that the owner of a container used to transport solid waste by railway or barge shall maintain a record of the tests of the container required by sub-subdivision b. of subdivision (8) of this subsection for three years, provide a copy of the record to any person who leases or handles the container, and make the record available to the Department for inspection.

(10)     Require that a barge or railcar that is not containerized meet the requirements of subdivisions (8) and (9) of this subsection.

(a1)     (1)       The entry of liquids into a container used to transport solid waste by truck, railway, or barge while the waste is being transported, held, or stored, or in the event of an accident, is a violation of this Article.

(2)       The escape, loss, or spillage of wastes or liquids from a container used to transport solid waste by truck, railway, or barge while the waste is being transported, held, or stored, or in the event of an accident, is a violation of this Article.

(3)       The escape of odors from a container used to transport solid waste by truck, railway, or barge while the waste is being transported, held, or stored, or in the event of an accident,  is a violation of this Article.

(a2)     No permit shall be issued for any public or private sanitary landfill to receive solid nonradioactive waste generated outside the boundaries of the State for disposal in the State unless the waste has previously been inspected by the solid waste regulatory agency of that nation, state, or territory, characterized in detail as to its contents, and certified by that agency to be non-injurious to public health and safety. The Commission shall adopt rules to implement this subsection.

(a3)     A permit for a solid waste management facility is not transferable.

(b)       The Commission shall adopt and the Department shall enforce rules to implement a comprehensive statewide solid waste management program. The rules shall be consistent with applicable State and federal law; and shall be designed to protect the public health, safety, and welfare; preserve the environment; and provide for the greatest possible conservation of cultural and natural resources. Rules for the establishment, location, operation, maintenance, use, discontinuance, recordation, post-closure care of solid waste management facilities also shall be based upon recognized public health practices and procedures, including applicable epidemiological research and studies; hydrogeological research and studies; sanitary engineering research and studies; and current technological development in equipment and methods. The rules shall not apply to the management of solid waste that is generated by an individual or individual family or household unit on the individual's property and is disposed of on the individual's property.

The Commission shall adopt rules for financial responsibility to ensure the availability of sufficient funds for closure and post-closure maintenance and monitoring at solid waste management facilities, and for any corrective action the Department may require during the active life of a facility or during the closure and post-closure periods. The rules may permit demonstration of financial responsibility through the use of a letter of credit, insurance, surety, trust agreement, financial test, or guarantee by corporate parents or third parties who can pass the financial test. The rules shall require that an owner or operator of a privately owned solid waste management facility demonstrate financial responsibility by a method or combinations of methods that will ensure that sufficient funds for closure, post-closure maintenance and monitoring, and any corrective action that the Department may require will be available during the active life of the facility, at closure, and for a period of not less than 30 years after closure even if the owner or operator becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State.

(b1)    (1)       For purposes of this subsection and subdivision (4) of subsection (a) of this section, a "substantial amendment" means either:

a.         An increase of ten percent (10%) or more in:

1.         The population of the geographic area to be served by the sanitary landfill;

2.         The quantity of solid waste to be disposed of in the sanitary landfill; or

3.         The geographic area to be served by the sanitary landfill.

b.         A change in the categories of solid waste to be disposed of in the sanitary landfill or any other change to the application for a permit or to the permit for a sanitary landfill that the Commission or the Department determines to be substantial.

(2)       A person who intends to apply 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 may 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 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 of the useful life of the sanitary 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 for waste generated in the jurisdiction of the franchising entity.

f.          A facility plan for the sanitary landfill that shall include the exact boundaries of the proposed facility, proposed development of the facility site in five-year operational phases, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility.

(2a)     A local government may elect to award a preliminary franchise. If a local government elects to award a preliminary franchise, the preliminary franchise shall contain, at a minimum, all of the information described in sub-subdivisions a. through e. of subdivision (2) of this subsection plus a general description of the proposed sanitary landfill, including the approximate number of acres required for the proposed sanitary landfill and its appurtenances and a description of any other solid waste management activities that are to be conducted at the site.

(3)       Prior to the award of a franchise for the construction or operation of a sanitary landfill, 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. 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 at least 30 days' notice to the public of the public hearing. The notice shall include a summary of all the information required to be included in the franchise, and shall specify the procedure to be followed at the public hearing. The applicant for the franchise shall provide a copy of the application for the franchise that includes all of the information required to be included in the franchise, to the public library closest to the proposed sanitary landfill site to be made available for inspection and copying by the public.

(4)       An applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall request 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 to issue a determination as to whether the local government has in effect a franchise, zoning, subdivision, or land-use planning ordinance applicable to the sanitary landfill and whether the proposed sanitary landfill, or the existing sanitary landfill as it would be operated under the renewed or substantially amended permit, would be consistent with the applicable ordinances. The request to the local government shall be accompanied by a copy of the permit application and shall be delivered to the clerk of the local government personally or by certified mail. In order to serve as a basis for a determination that an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill is consistent with a zoning, subdivision, or land-use planning ordinance, an ordinance or zoning classification applicable to the real property designated in the permit application shall have been in effect not less than 90 days prior to the date the request for a determination of consistency is delivered to the clerk of the local government. The determination shall be verified or supported by affidavit signed by the chief administrative officer, the chief administrative officer's designee, clerk, or other official designated by the local government to make the determination and, if the local government states that the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is inconsistent with a franchise, zoning, subdivision, or land-use planning ordinance, shall include a copy of the ordinance and the specific reasons for the determination of inconsistency. A copy of the determination shall be provided to the applicant when the determination is submitted to the Department. The Department shall not act upon an application for a permit under this section until it has received a determination from each local government requested to make a determination by the applicant; provided that if a local government fails to submit a determination to the Department as provided by this subsection within 15 days after receipt of the request, the Department shall proceed to consider the permit application without regard to a franchise, local zoning, subdivision, and land-use planning ordinances. Unless the local government makes a subsequent determination of consistency with all ordinances cited in the determination or the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is determined by a court of competent jurisdiction to be consistent with the cited ordinances, the Department shall attach as a condition of the permit a requirement that the applicant, prior to construction or operation of the sanitary landfill under the permit, comply with all lawfully adopted local ordinances cited in the determination that apply to the sanitary landfill. This subsection shall not be construed to affect the validity of any lawfully adopted franchise, local zoning, subdivision, or land-use planning ordinance or to affect the responsibility of any person to comply with any lawfully adopted franchise, local zoning, subdivision, or land-use planning ordinance. This subsection shall not be construed to limit any opportunity a local government may have to comment on a permit application under any other law or rule. This subsection shall not apply to any facility with respect to which local ordinances are subject to review under either G.S. 104E-6.2 or G.S. 130A-293.

(5)       As used in this subdivision, "coal-fired generating unit" and "investor-owned public 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, no franchise shall be required for a sanitary landfill used only to dispose of waste generated by a coal-fired generating unit that is owned or operated by an investor-owned utility subject to the requirements of G.S. 143-215.107D.

(b2)     The Department may require an applicant for a permit under this Article to satisfy the Department that the applicant, and any parent, subsidiary, or other affiliate of the applicant or parent: parent, including any joint venturer with a direct or indirect financial or equity interest in the applicant:

(1)       Is financially qualified to carry out the activity for which the permit is required.Has established financial responsibility as required by G.S. 130A-295.2.

(2)       Has substantially complied with the requirements applicable to any solid waste management activity in which the applicant applicant, or a parent, subsidiary, or other affiliate of the applicant or parent, or a joint venturer with a direct or indirect financial or equity interest in the applicant, has previously engaged and has been in substantial compliance with federal and state laws, regulations, and rules for the protection of the environment.environment as provided in G.S. 130A-295.3.

(b3)     An applicant for a permit under this Article shall satisfy the Department that the applicant has met the requirements of subsection (b2) of this section before the Department is required to otherwise review the application. In order to continue to hold a permit under this Article, a permittee must remain financially qualified and must provide any information requested by the Department to demonstrate that the permittee continues to be financially qualified.

"

SECTION 2.  G.S. 130A-18 reads as rewritten:

" 130A-18.  Injunction.

(a)       If a person shall violate any provision of this Chapter or Chapter, the rules adopted by the Commission or rules adopted by a local board of health, or a condition or term of a permit or order issued under this Chapter, the Secretary or a local health director may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides.

(b)       The Secretary of Environment and Natural Resources and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Part 4 of Article 5 and Articles 8, 9, 10, 11, and 12 of this Chapter."

SECTION 3.  G.S. 130A-22(a) reads as rewritten:

"(a)      The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed five thousand dollars ($5,000) ten thousand dollars ($10,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed twenty-five thousand dollars ($25,000)thirty-two thousand five hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed twenty-five thousand dollars ($25,000) thirty-two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A-310.9(c) or a violation of the rules adopted pursuant to G.S. 130A-310.12(b). If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environment and Natural Resources shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator."

SECTION 4.  G.S. 130A-22 is amended by adding a new subsection to read:

"(j)       The Secretary of Environment and Natural Resources may also assess the reasonable costs of any investigation, inspection, or monitoring associated with the assessment of the civil penalty against any person who is assessed a civil penalty under this section."

SECTION 5.(a)  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.2.  Financial responsibility requirements for applicants and permit holders.

(a)       The Commission shall adopt rules governing financial responsibility requirements for applicants for permits and for permit holders to ensure the availability of sufficient funds for the proper design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of solid waste management facilities and for any corrective action the Department may require during the active life of a facility or during the closure and post-closure periods.

(b)       An applicant for a permit or a permit holder may establish financial responsibility through a cash deposit, insurance, binding letter of credit, binding loan commitment, surety, trust agreement, financial test, or guarantee by a corporate parent or third party that can pass the financial test. A business entity that established financial responsibility for an applicant for a permit or a permit holder must be rated AAA by Standard & Poor's, Moody's Investor Service, or Fitch, Inc. If assets of a parent, subsidiary, or other affiliate of the applicant for a permit, permit holder, or a joint venturer with a direct or indirect financial or equity interest in the applicant or permit holder are proposed to be used to establish the financial responsibility of the applicant for a permit or permit holder, the party whose assets are to be used must be listed on the permit of the facility. Assets used to meet the financial responsibility requirements of this section shall be in a form that will allow the Department to readily access funds for the purposes set out in this section. Assets used to meet financial responsibility requirements of this section shall not be accessible to the permit holder except as approved by the Department.

(c)       The owner or operator of a privately owned solid waste management facility shall provide an audited, certified financial statement and shall establish financial responsibility by a method or combination of methods that will ensure that sufficient funds for closure, post-closure maintenance and monitoring, and any corrective action that the Department may require will be available during the active life of the facility, at closure, and for a period of not less than 30 years after closure even if the owner or operator becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State.

(d)       The Department may, in its discretion, require an applicant for a permit to construct a facility to establish financial responsibility for the proper design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of a facility to the first five-year phase of the facility. If the Department requires an applicant for a permit or a permit holder to establish financial responsibility for only the first five-year phase of the facility, the Department shall require the applicant for a permit or a permit holder to establish financial responsibility for each successive five-year phase of the facility when applying for a permit to construct each successive phase of the facility. The applicant shall provide cost estimates for site investigation; land acquisition, including financing terms and land ownership; proper design, construction of each five-year phase, operation, maintenance, closure, and post-closure monitoring and maintenance of the facility.

(e)       In order to continue to hold a permit under this Article, a permit holder must maintain financial responsibility and must provide any information requested by the Department to establish that the permit holder continues to maintain financial responsibility. A permit holder shall notify the Department of any significant change in the: (i) identity of any person or structure of the business entity that holds the permit for the facility; (ii) identity of any person or structure of the business entity that owns or operates the facility; or (iii) assets of the permit holder, owner, or operator of the facility. The permit holder shall notify the Department within 30 days of a significant change. A change shall be considered significant if it has the potential to affect the financial responsibility of the permit holder, owner, or operator, or if it would result in a change in the identity of the permit holder, owner, or operator for purposes of either financial responsibility or environmental compliance review. Based on its review of the changes, the Department may require the permit holder to reestablish financial responsibility and may modify or revoke a permit, or require issuance of a new permit.

(f)        To meet the financial responsibility requirements of this section, the owner or operator of a sanitary landfill shall establish financial responsibility sufficient to cover a minimum of three million dollars ($3,000,000) in costs for potential assessment and corrective action at the facility. The Department may require financial responsibility in a higher amount and may increase the amount of financial responsibility required of a permit holder at any time based upon the types of waste disposed in the landfill, the projected amount of waste to be disposed in the landfill, the location of the landfill, potential receptors of releases from the landfill, and inflation. The financial responsibility requirements of this subsection are in addition to the financial responsibility requirements set out in subsections (a) through (e) of this section."

  SECTION 5.(b)  G.S. 130A-309.27 reads as rewritten:

" 130A-309.27.  Landfill escrow account.Joint and several liability.

(a)       As used in this section:

(1)       "Owner or operator" means, in addition to the usual meanings of the term, any owner of record of any interest in land on which a landfill is or has been sited, and any person or corporation which business entity that owns a majority interest in any other corporation which that is the owner or operator of a landfill.landfill, except that a minority shareholder of a publicly traded corporation who has no involvement in management or control of the corporation or any of its subsidiaries or affiliates shall not be considered an owner or operator solely on the basis of his stock holdings.

(2)       "Proceeds" means all funds collected and received by the Department, including interest and penalties on delinquent fees.

(b)       Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law.

(c)       The owner or operator of a landfill shall establish a fee, or a surcharge on existing fees or other appropriate revenue-producing mechanism, to ensure the availability of financial resources for the proper closure of the landfill. However, the disposal of solid waste by persons on their own property is exempt from the provisions of this section.

(1)       The revenue-producing mechanism must produce revenue at a rate sufficient to generate funds to meet State and federal landfill closure requirements.

(2)       The revenue shall be deposited in an interest-bearing escrow account to be held and administered by the owner or operator. The owner or operator shall file with the Department an annual audit of the account. The audit shall be conducted by a certified public accountant and shall be filed no later than 31 December of each year. Failure to collect or report this revenue, except as allowed in subsection (d), is a noncriminal violation, punishable by a fine of not more than five thousand dollars ($5,000) for each offense. The owner or operator may make expenditures from the account and its accumulated interest only for the purpose of landfill closure and, if such expenditures do not deplete the fund to the detriment of eventual closure, for planning and construction of resource recovery or landfill facilities. Any moneys remaining in the account after paying for proper and complete closure, as determined by the Department, shall, if the owner or operator does not operate a landfill, be deposited by the owner or operator into the general fund of the unit of local government.

(3)       The revenue generated under this subsection and any accumulated interest thereon may be applied to the payment of, or pledged as security for, the payment of revenue bonds issued in whole or in part for the purpose of complying with State and federal landfill closure requirements. The application or pledge may be made directly in the proceedings authorizing the bonds or in an agreement with an insurer of bonds to assure the insurer of this additional security.

(d)       An owner or operator may establish proof of financial responsibility with the Department in lieu of the requirements of subsection (c). This proof may include surety bonds, certificates of deposit, securities, letter of credit, corporate guarantee, or other documents showing that the owner or operator has sufficient financial resources to cover, at a minimum, the costs of complying with landfill closure requirements. The owner or operator shall estimate the costs to the satisfaction of the Department.

(e)       This section does not repeal, limit, or abrogate any other law authorizing units of local government to fix, levy, or charge rates, fees, or charges for the purpose of complying with State and federal landfill closure requirements.

(f)        The Commission shall adopt rules to implement this section."

SECTION 6.(a)  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.3.  Environmental compliance review requirements for applicants and permit holders.

(a)       The Department shall conduct an environmental compliance review of each applicant for a new permit, permit renewal, and permit amendment under this Article. The environmental compliance review shall evaluate the environmental compliance history of the applicant for a period of at least three years prior to the date of the application and may cover a longer period at the discretion of the Department. The environmental compliance review of an applicant may include consideration of the environmental compliance history of the parents, subsidiaries, or other affiliates of the applicant or parent, including any business entity or joint venturer with a direct or indirect financial or equity interest in the applicant, and other facilities owned or operated by any of them. The Department shall determine the scope of the review of the environmental compliance history of the applicant, parents, subsidiaries, or other affiliates of the applicant or parent, including any business entity or joint venturer with a direct or indirect financial or equity interest in the applicant, and of other facilities owned or operated by any of them. An applicant for a permit shall provide environmental compliance history information for each facility, business entity, joint venture, or other undertaking in which any of the persons listed in this subsection is or has been an owner, operator, officer, director, manager, member, or partner, or in which any of the persons listed in this subsection has had a direct or indirect financial or equity interest as requested by the Department. In its conduct of an environmental compliance review, the Department may consider the environmental compliance history of:

(1)       Officers, directors, managers, members, and partners of the applicant for the permit.

(2)       All persons with a direct or indirect financial or equity interest in the applicant for the permit.

(3)       Officers, directors, managers, members, and partners in any business entity which has a direct or indirect financial or equity interest in the applicant for the permit.

(4)       Officers, directors, managers, members, and partners in any business entity which is a parent, subsidiary, or other affiliate of the applicant for the permit.

(b)       The Department shall determine the extent to which the applicant, or a parent, subsidiary, or other affiliate of the applicant or parent, or a joint venturer with a direct or indirect financial or equity interest in the applicant, has substantially complied with the requirements applicable to any activity in which any of these entities previously engaged, and has substantially complied with federal and state laws, regulations, and rules for the protection of the environment. The Department may deny an application for a permit if the applicant has repeatedly violated related statutes, rules, orders, or permit terms or conditions for the protection of the environment or for the conservation of natural resources.

(c)       For purposes of this section, an applicant for a permit includes the owner or operator of the facility, or, if the owner or operator is a business entity,  the parent, subsidiary, or other affiliate of the applicant, a partner, officer, director, member, manager, and any person with a direct or indirect financial or equity interest in the applicant, other than a minority shareholder of a publicly traded corporation who has no involvement in management or control of the corporation or any of its parents, subsidiaries, or affiliates."

SECTION 6.(b)  G.S. 130A-309.06(b) is repealed.

SECTION 7.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.4.  Additional requirements for sanitary landfills.

(a)       An applicant for a permit to construct a sanitary landfill shall conduct a study of environmental impacts from the proposed facility as described in G.S. 113A-4 and rules adopted pursuant to G.S. 113A-4. In addition to information required under G.S. 113A-4, the study shall address the applicant's ability to ensure compliance with State laws and rules, and any applicable local ordinances, that prohibit the disposal of certain items in landfills, and an alternative sites analysis. The Department shall publish notice of the draft environmental impact statement and shall hold a public hearing in the county where the landfill will be located no sooner than 30 days following the public notice. The Department shall consider the study of environmental impacts and any mitigation measures proposed by the applicant in deciding whether to issue or deny a permit.

(b)       An applicant for a permit to construct a sanitary landfill shall conduct a traffic study of the impacts of the proposed facility. The Department shall include as a condition of a permit for a sanitary landfill a requirement that the permit holder mitigate adverse impacts identified by the traffic study. The study shall include all of the following at a minimum:

(1)       Identification of routes from the nearest limited access highway used to access the proposed facility.

(2)       Daily and hourly traffic volumes that will result along each approach route between the nearest limited access highway and the proposed facility.

(3)       A map identifying land uses located along the identified approach routes, including, but not limited to, residential, commercial, industrial development and agricultural operations. The map shall identify residences, schools, hospitals, nursing homes, and other significant buildings that front the approach routes.

(4)       Identification of locations on approach routes where road conditions are inadequate to handle the increased traffic associated with the proposed facility and a description of the mitigation measures proposed by the applicant to address the conditions.

(5)       A description of the potential adverse impacts of increased traffic associated with the proposed facility and the mitigation measures proposed by the applicant to address these impacts.

(c)       The owner of a sanitary landfill shall employ a project engineer to inspect the construction of disposal units within the sanitary landfill, landfill leachate handling facilities, and landfill appurtenances. The project engineer shall be licensed as a professional engineer under Chapter 89C of the General Statutes. The project engineer shall be responsible for monitoring, documenting, and certifying that construction of the disposal units at the sanitary landfill, leachate handling facilities, and landfill appurtenances conforms to the plan approved by the Department as set out in the permit to construct and all applicable federal and State laws, regulations, and rules. The project engineer or the engineer's representative shall be at the site at all times during construction of the disposal units and leachate handling systems. Each certification shall bear the seal and signature of the project engineer and the date of certification.

(d)       The Department shall require a buffer between any stream or wetland and the nearest waste disposal unit of a sanitary landfill of at least 200 feet. The Department may approve a buffer of less than 200 feet, but in no case less than 100 feet, if it finds all of the following:

(1)       The proposed sanitary landfill or expansion of the sanitary landfill will serve a critical need in the community.

(2)       There is no feasible alternative location that would allow siting or expansion of the sanitary landfill with 200 foot buffers.

(e)       Notwithstanding G.S. 143-215.54A(b), a sanitary landfill shall not be sited within a 100-year floodplain or on land previously designated as a 100-year floodplain.

(f)        A sanitary landfill shall be constructed with a composite liner system consisting of two components. The upper component shall consist of a flexible membrane liner and the lower component shall consist of a minimum of two feet of soil with a maximum permeability of 1 x 10-7 centimeters per second. The flexible membrane liner shall have a minimum thickness of 30 millimeters, except that liners consisting of high density polyethylene shall be at least 60 millimeters thick. The flexible membrane liner shall be installed in direct and uniform contact with the compacted soil layer. The Department may approve an alternative composite liner system if the Department finds, based on modeling, that the alternative system offers an equivalent or greater degree of impermeability.

(g)       A sanitary landfill for the disposal of construction and demolition debris shall be constructed with a composite liner system consisting of two components. The upper component shall consist of a flexible membrane liner and the lower component shall consist of a minimum of two feet of compacted soil with a maximum permeability of 1 x 10-7 centimeters per second. The liner shall be a minimum of 30 millimeters in thickness, except that a liner composed of high density polyethylene shall be a minimum of 60 millimeters in thickness. The liner shall be installed in direct and uniform contact with the compacted soil layer. The Department may approve an alternate liner system if the Department finds, based on modeling, that the alternate liner system will provide equivalent or greater impermeability.

(h)       A sanitary landfill shall be constructed so that the post-settlement bottom elevation of the liner system, or the post-settlement bottom elevation of the waste if no liner system is required, is a minimum of five feet above the seasonal high groundwater table and the bedrock datum plane contours.

(i)        A permit holder for a sanitary landfill shall develop and implement a waste screening plan. The plan shall identify measures adequate to ensure compliance with State laws and rules, and any applicable local ordinances, that prohibit the disposal of certain items in landfills. The plan shall address all sources of waste generation. The plan is subject to approval by the Department.

(j)        The following requirements apply to any sanitary landfill for which a liner is required:

(1)       Any geomembrane base liner system shall be tested for leaks and damage by methods approved by the Department that ensure that the entire liner is evaluated.

(2)       Any leachate collection system shall be designed to return the head of the liner to 30 centimeters or less within 72 hours after a 25-year-24-hour storm event. The leachate collection system shall maintain a head of less than 30 centimeters at all times during leachate recirculation. The Department may require the operator to monitor the head of the liner to demonstrate that the head is being maintained in accordance with this subdivision and any applicable rules.

(3)       Any leachate collection lines shall be designed and constructed to permanently allow remote camera inspection and cleaning. Any leachate lines shall be cleaned and remotely inspected by camera at least once a year. Documentation of the inspection and cleaning shall be included in the operating records of the facility and provided to the Department upon request.

(4)       Any pipes used to transmit leachate shall provide dual containment outside of the disposal unit. The bottom liner of a sanitary landfill shall be constructed without pipe penetrations."

SECTION 8.(a)  G.S. 153A-292(b) reads as rewritten:

"(b)      The board of county commissioners may impose a fee for the collection of solid waste. The fee may not exceed the costs of collection.

The board of county commissioners may impose a fee for the use of a disposal facility provided by the county. The fee for use may not exceed the cost of operating the facility and may be imposed only on those who use the facility. The fee for use may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal. A county may not impose a fee for the use of a disposal facility on a city located in the county or a contractor or resident of the city unless the fee is based on a schedule that applies uniformly throughout the county.

The board of county commissioners may impose a fee for the availability of a disposal facility provided by the county. A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the county that benefits from the availability of the facility. A county may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the county. Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor that provides the same services as those provided by the county disposal facility is not considered to benefit from a disposal facility provided by the county and is not subject to a fee imposed by the county for the availability of a disposal facility provided by the county. To the extent that the services provided by the county disposal facility differ from the services provided by the disposal facility provided by a private contractor, the county may charge an availability fee to cover the costs of the additional services provided by the county disposal facility.

In determining the costs of providing and operating a disposal facility, a county may consider solid waste management costs incidental to a county's handling and disposal of solid waste at its disposal facility, including the costs of the methods of solid waste management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989. A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the county."

SECTION 8.(b)  G.S. 160A-314.1(a) reads as rewritten:

"(a)      In addition to a fee that a city may impose for collecting solid waste or for using a disposal facility, a city may impose a fee for the availability of a disposal facility provided by the city. A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the city that benefits from the availability of the facility. A city may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the city. Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor that provides the same services as those provided by the city disposal facility is not considered to benefit from a disposal facility provided by the city and is not subject to a fee imposed by the city for the availability of a disposal facility provided by the city. To the extent that the services provided by the city disposal facility differ from the services provided by the disposal facility provided by a private contractor, the city may charge an availability fee to cover the costs of the additional services provided by the city disposal facility.

In determining the costs of providing and operating a disposal facility, a city may consider solid waste management costs incidental to a city's handling and disposal of solid waste at its disposal facility. A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the city."

SECTION 9.(a)  G.S. 153A-136 is amended by adding a new subsection to read:

"(e)      A county that has planning jurisdiction over any portion of the site of a sanitary landfill with a service area that extends 100 miles or more in any direction from the permitted disposal area of the landfill may employ a local government landfill liaison. No person who is responsible for any aspect of the management or operation of the landfill may serve as a local government landfill liaison. A local government landfill liaison may enter the landfill facility at reasonable times and inspect the landfill operation to:

(1)       Ensure that the facility meets all local requirements.

(2)       Identify and notify the Department of suspected violations of applicable federal or State laws, regulations, or rules.

(3)       Identify and notify the Department of potentially hazardous conditions at the facility."

SECTION 9.(b)  Chapter 160A of the General Statutes is amended by adding a new section to read:

" 160A-325.  Local government landfill liaison.

A city that has planning jurisdiction over any portion of the site of a sanitary landfill with a service area that extends 100 miles or more in any direction from the permitted disposal area of the landfill may employ a local government landfill liaison. No person who is responsible for any aspect of the management or operation of the landfill may serve as a local government landfill liaison. A local government landfill liaison may enter the landfill facility at reasonable times and inspect the landfill operation to:

(1)       Ensure that the facility meets all local requirements.

(2)       Identify and notify the Department of suspected violations of applicable federal or State laws, regulations, or rules.

(3)       Identify and notify the Department of potentially hazardous conditions at the facility."

SECTION 10.  Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.5.  State-level review of proposed multi-jurisdictional solid waste facilities.

(a)       There is hereby established the Commission on Multi-Jurisdictional Solid Waste Management Facilities. The Commission shall be composed of the Secretary of Environment and Natural Resources, the Secretary of Health and Human Services, and the Secretary of Commerce. The Secretary of Environment and Natural Resources shall be the chair of the Commission.

(b)       If the service area for a solid waste management facility extends beyond the jurisdictional boundary of the county in which it is located, the Department shall not act upon an application for a permit, the renewal of a permit, or a substantial amendment to a permit for the facility under this Article until the Commission on Multi-Jurisdictional Solid Waste Management Facilities has approved the application as provided in this section. The Commission shall approve an application only if the Commission determines that:

(1)       The proposed solid waste management facility is consistent with the State solid waste management policy and goals as set out in G.S. 130A-309.04 and with the State solid waste management plan developed as provided in G.S. 130A-309.07.

(2)       The local comprehensive solid waste management plan required by G.S. 130A-309.09A(b) of the unit or units of local government where the proposed solid waste management facility is located and the local comprehensive solid waste management plans of each North Carolina unit of local government that is located within the service area of the proposed facility is consistent with the State solid waste management policy and goals as set out in G.S. 130A-309.04 and with the State solid waste management plan developed as provided in G.S. 130A-309.07.

(3)       Adequate procedures are legally established for governmental oversight and regulation of the fees and rates to be charged by the facility.

(4)       The proposed solid waste management facility does not have a disproportionate adverse impact on a minority or low-income community."

SECTION 11.(a)  G.S. 130A-290(a) is amended by renumbering subdivision (1a) as (1b), renumbering subdivision (1b) as (1c), renumbering subdivision (1c) as (1d), and by adding a new subdivision to read:

"(1a)    'Business entity' has the same meaning as in G.S. 55-1-40(2a)."

SECTION 11.(b)  G.S. 130A-290(a) is amended by renumbering subdivision (21a) as (21b) and by adding a new subdivision to read:

"(21a)  'Orphan landfill' means any landfill, whether publicly or privately owned, that received municipal solid waste from a unit of local government for disposal prior to 1 January 1983, that is no longer in operation, and for which assessment and remediation are needed in order to protect public health and the environment."

SECTION 12.  Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.6.  Fees applicable to permits for solid waste management facilities.

(a)       The Solid Waste Management Account is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used to support the solid waste management program established pursuant to G.S. 130A-294.

(b)       As used in this section:

(1)       'New permit' means any of the following:

a.         An application for a permit for a solid waste management facility that has not been previously permitted by the Department. The term includes one site suitability review, the initial permit to construct, and one permit to operate the constructed portion of a phase included in the permit to construct.

b.         An application that proposes to expand the boundary of a permitted waste management facility for the purpose of expanding the permitted activity.

c.         An application that includes a proposed expansion to the boundary of a waste disposal unit within a permitted solid waste management facility.

d.         An application for a substantial amendment to a solid waste permit, as defined in G.S. 130A-294.

(2)       'Permit amendment' means any of the following:

a.         An application for a permit to construct and one permit to operate for the second and subsequent phases of landfill development described in the approved facility plan for a permitted solid waste management facility.

b.         An application for the five-year renewal of a permit for a permitted solid waste management facility or for a permit review of a permitted solid waste management facility.

c.         Any application that proposes a change in ownership or corporate structure of a permitted solid waste management facility.

(3)       'Permit modification' means any of the following:

a.         An application for any change to the plans approved in a permit for a solid waste management facility that does not constitute a 'permit amendment' or a 'new permit'.

b.         A second or subsequent permit to operate for a constructed portion of a phase included in the permit to construct.

(c)       An applicant for a permit shall pay an application fee upon submission of an application  according to the following schedule:

(1)       Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste, New Permit - $25,000.

(2)       Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste, Amendment - $15,000.

(3)       Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste, Modification - $1,500.

(4)       Municipal Solid Waste Landfill accepting 100,000 tons/year or more of solid waste, New Permit - $50,000.

(5)       Municipal Solid Waste Landfill accepting 100,000 tons/year or more of solid waste, Amendment - $30,000.

(6)       Municipal Solid Waste Landfill accepting 100,000 tons/year or more of solid waste, Modification - $3,000.

(7)       Construction and Demolition Landfill accepting less than 100,000 tons/year of solid waste, New Permit - $15,000.

(8)       Construction and Demolition Landfill accepting less than 100,000 tons/year of solid waste, Amendment - $9,000.

(9)       Construction and Demolition Landfill accepting less than 100,000 tons/year of solid waste, Modification - $1,500.

(10)     Construction and Demolition Landfill accepting 100,000 tons/year or more of solid waste, New Permit - $30,000.

(11)     Construction and Demolition Landfill accepting 100,000 tons/year or more of solid waste, Amendment - $18,500.

(12)     Construction and Demolition Landfill accepting 100,000 tons/year or more of solid waste, Modification - $2,500.

(13)     Industrial Landfill accepting less than 100,000 tons/year of solid waste, New Permit - $15,000.

(14)     Industrial Landfill accepting less than 100,000 tons/year of solid waste, Amendment - $9,000.

(15)     Industrial Landfill accepting less than 100,000 tons/year of solid waste, Modification - $1,500.

(16)     Industrial Landfill accepting 100,000 tons/year or more of solid waste, New Permit - $30,000.

(17)     Industrial Landfill accepting 100,000 tons/year or more of solid waste, Amendment - $18,500.

(18)     Industrial  Landfill accepting 100,000 tons/year or more of solid waste, Modification - $2,500.

(19)     Tire Monofill, New Permit - $1,750.

(20)     Tire Monofill, Amendment - $1,250.

(21)     Tire Monofill, Modification - $500.

(22)     Treatment and Processing, New Permit - $1,750.

(23)     Treatment and Processing, Amendment - $1,250.

(24)     Treatment and Processing, Modification - $500.

(25)     Transfer Station, New Permit - $5,000.

(26)     Transfer Station, Amendment - $3,000.

(27)     Transfer Station, Modification - $500.

(28)     Incinerator, New Permit - $1,750.

(29)     Incinerator, Amendment - $1,250.

(30)     Incinerator, Modification - $500.

(31)     Large Compost Facility, New Permit - $1,750.

(32)     Large Compost Facility, Amendment - $1,250.

(33)     Large Compost Facility, Modification - $500.

(34)     Land Clearing and Inert, New Permit - $1,000.

(35)     Land Clearing and Inert, Amendment - $500.

(36)     Land Clearing and Inert, Modification - $250.

(d)       A permitted solid waste management facility shall pay an annual permit fee on or before 1 August of each year according to the following schedule:

(1)       Municipal Solid Waste Landfill - $3,500.

(2)       Post-Closure Municipal Solid Waste Landfill - $1,000.

(3)       Construction and Demolition Landfill - $2,750.

(4)       Post-Closure Construction and Demolition Landfill - $500.

(5)       Industrial Landfill - $2,750.

(6)       Post Closure Industrial Landfill - $500.

(7)       Transfer Station - $750.

(8)       Treatment and Processing Facility - $500.

(9)       Tire Monofill - $500.

(10)     Incinerator - $500.

(11)     Large Compost Facility - $500.

(12)     Land Clearing and Inert Debris Landfill - $500."

SECTION 13.(a)  Part 2A of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

" 130A-295.7.  Solid waste disposal fee; use of proceeds.

(a)       Tax Imposed. - A tax of two dollars ($2.00) per ton of waste is imposed on the disposal of municipal solid waste in any landfill permitted pursuant to this Part. A tax of two dollars ($2.00) per ton of waste is imposed on the transfer of municipal solid waste to a transfer station permitted pursuant to this Part for disposal outside the State.

(b)       Determination and Payment of Tax. - The owner or operator of each landfill and transfer station permitted pursuant to this Part shall maintain scales designed to determine waste tonnage that are approved by the Department of Agriculture and Consumer Services. Each owner or operator shall record waste tonnage at the time the waste is received on a form approved by the Department and shall calculate and record the tax due under this section for each calendar month on a form approved by the Department. Each owner or operator shall report the number of tons of waste received and pay the tax due for each calendar month to the Department no later than the fifteenth day of the following calendar month. The Department shall credit all taxes received pursuant to this section to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A-310.11.

(c)       Use of Proceeds. - The Department shall use the proceeds of this tax imposed by this section for the following purposes:

(1)       Assessment and remediation of orphan landfills and of inactive hazardous substance or waste disposal sites for which the State or a unit of local government is or may be responsible.

(2)       Assessment and remediation of orphan landfills and of inactive hazardous substance or waste disposal sites for which a private party is or may be responsible if the private party cannot be identified or located or if the private party is unable or refuses to assume responsibility for the assessment or remediation.

(3)       Up to fifteen percent (15%) of the proceeds may be used to fund staff to administer contracts for the assessment and remediation of orphan landfills and of inactive hazardous substance or waste disposal sites pursuant to subdivisions (1) and (2) of this subsection.

(4)       Up to ten percent (10%) of the proceeds may be used for grants to units of local government to support redevelopment of brownfields.

(5)       Up to ten percent (10%) of the proceeds may be used by the Department to provide the State's share of the cost of assessment and remediation of sites in the State that are listed on the federal National Priorities List sites."

SECTION 13.(b)  G.S. 130A-310.6 is amended by adding a new subsection to read:

"(c)      The Secretary shall develop and implement a remedial action plan for orphan landfills. Environmental and human health risks posed by an orphan landfill may be mitigated using a risk-based approach for assessment and remediation."

SECTION 13.(c)  G.S. 130A-310.11 reads as rewritten:

" 130A-310.11.  Inactive Hazardous Sites Cleanup Fund created.

(a)       There is established under the control and direction of the Department the Inactive Hazardous Sites Cleanup Fund. This fund shall be a revolving fund consisting of any monies appropriated for such purpose by the General Assembly or available to it from grants, taxes, and other monies paid to it or recovered by or on behalf of the Department. The Inactive Hazardous Sites Cleanup Fund shall be treated as a nonreverting special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3.

(b)       Funds credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 130A-295.6 shall be used only as provided in G.S. 130A-309.295.6(c)."

SECTION 14.  The Commission for Health Services shall review rules governing the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of solid waste management facilities to determine whether changes are required to protect public health, safety, welfare, and the environment; to improve the performance of solid waste management facilities; to take advantage of technological advances in landfill design, construction, operation, maintenance, and closure; and to provide additional protection to environmentally sensitive areas of the State. The Commission shall adopt rules necessary to minimize impacts from solid waste management facilities on public health, safety, welfare, and the environment. These rules shall:

(1)       Establish standards for the collection, control, and utilization or destruction of landfill gasses at municipal solid waste landfills.

(2)       Establish standards for the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of bioreactor landfills.

(3)       Establish criteria for development of bird and wildlife management plans.

(4)       Incorporate measures necessary to minimize impacts to natural, historic, and cultural resources, including, but not limited to, wetlands, critical fisheries habitat, parks, recreation areas, cultural and historic sites, and potential water supplies.

SECTION 15.  Sections 1, 6, 8, 9, 10, 11, 12, 13, 14, and 15 of this act become effective 1 August 2007.  Sections 2, 3, and 4 of this act become effective 1 December 2007 and apply to violations that occur on or after that date.

The repeal of G.S. 130A-294(a)(4)b. by Section 1 of this act applies to facilities for which an application for a permit is pending on 1 August 2007.

Section 5 of this act becomes effective on 1 August 2007 except that the requirements of subsections (b) and (f) of G.S. 130A-295.2, as enacted by Section 5, become effective on 1 February 2008 with respect to permit holders of permits that are in effect on 1 August 2007.

Section 7 of this act becomes effective on 1 August 2007 and applies to facilities for which a permit is issued on or after that date, including facilities for which an application for a permit is pending on that date. The requirements of G.S. 130A-295.4(i), as enacted by Section 7 of this act, become effective on 1 February 2008 with respect to permit holders of permits that are in effect on 1 August 2007.