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House Bill 74 Becomes Law
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PostPosted: Wed Aug 28, 2013 12:25 am
Post subject: House Bill 74 Becomes Law

While the original landfill bill, S328, passed the Senate, it was not taken up by the House. However, at the end of the legislative session, H74, the Regulatory Reform Act of 2013 passed, and it contained a number of issues related to Solid Waste. Governor McCrory signed the bill on Friday, August 23rd.

Below is an excerpt from SmithEnvironment Blog, written by a former DENR employee: Legislative Wrap-Up III includes Solid Waste Management legislative changes for the 2013 session.

SOLID WASTE
FEES FOR LANDFILL PERMITS: House Bill 135 adjusts the fee schedule for landfill permits to match the options for five or ten year permits approved by the legislature in 2012.
ON-SITE DISPOSAL OF DEMOLITION DEBRIS: House Bill 706 (Preserve Landfill Space) allows for on-site disposal of demolition debris from manufacturing facilities and decommissioned electric generating stations. The bill exempts disposal of these materials from landfill standards and allows the debris to be buried on site under environmental standards set in the bill. Hazardous waste in the debris must still be disposed of under standards set in state and federal hazardous waste rules.
LANDFILL PERMITTING STANDARDS: Senate Bill 328 (Solid Waste Reform Act of 2013), which proposed to change many of the landfill permitting standards adopted by the General Assembly in 2007, never got to a vote in the House. Some of the less controversial pieces of Senate Bill 328 were adopted as part of House Bill 74 (Regulatory Reform Act) just before the end of the legislative session. The changes adopted as part of House Bill 74 include:
● Elimination of the requirement for a buffer between a landfill and state gamelands designated or acquired by the Wildlife Resources Commission after July 1 2013. For gamelands designated before that date, the buffer will continue to be 1 mile although an exception was created for one proposed construction and demolition debris landfill. That landfill will only be required to have a 500 foot buffer from a gameland designated before July 1, 2013. Based on the description in the bill, Jones County apparently will be the site of the C & D landfill that will benefit from the exception. The bill does not change the buffers required between a landfill and a National Wildlife Refuge (5 miles) or state park (2 miles). Note: The Jones County exception had been enacted as a separate bill (Senate Bill 24) early in the session. The language was later added to House Bill 74 with the other solid waste permitting changes and modified to make it consistent with the final language in House Bill 74 on gameland buffers.
● Replacement of the 2007 requirement for annual cleaning of leachate collection lines with a requirement for video inspection of the lines every five years and cleaning as needed.
● A change to a long-standing rule requiring that vehicles used to haul solid waste must be leak-proof. Under the bill, DENR must immediately begin to apply a different standard – that the vehicle be “designed and maintained to be leak-resistant according to industry standards”. The Commission for Public Health is directed to amend the 1988 rule to reflect the change.
● A change in the definition of “leachate” to exclude liquid that adheres to the tires of vehicles leaving a landfill or solid waste transfer station.
CRITERIA FOR ASSESSING SOLID WASTE PENALTIES: Sec. 49 of House Bill 74 sets more specific criteria for assessing civil penalties for violation of solid waste laws and rules. The criteria used are very similar to criteria used in the water quality and air quality statutes.
LOCAL SOLID WASTE PLANS: House Bill 321 eliminates the requirement for each local government to have a 10-year solid waste management plan. State law will continue to require annual reporting by each local government on the amount of solid waste generated and disposed of; participation in recycling programs; programs for disaster debris, white goods disposal, scrap tires disposal; and other information on solid waste management. A controversial provision that would have intervened in a legal dispute between Union County and the operator of a C & D landfill in the county was removed before final adoption. (Background on the dispute can be found here.)
LOCAL SOLID WASTE FEES: House Bill 74 also amends the statutes that allow cities and counties to charge fees for solid waste disposal. The new language allows a local government to charge a surcharge for solid waste received from another local government jurisdiction. Unlike the fees charged to residents for waste disposal, revenue from the surcharge does not have to used for landfill operations; the surcharge can be used for any purpose or activity the local government has authority to fund.
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