§ 130A-309.06. Additional powers and duties of the Department.
§ 130A‑309.06. Additional powers and duties of the Department.
(a) In addition toother powers and duties set forth in this Part, the Department shall:
(1) Develop acomprehensive solid waste management plan consistent with this Part. The planshall be developed in consultation with units of local government and shall beupdated at least every three years. In developing the State solid wastemanagement plan, the Department shall hold public hearings around the State andshall give notice of these public hearings to all units of local government andregional planning agencies.
(2) Provide guidance forthe orderly collection, transportation, storage, separation, processing,recovery, recycling, and disposal of solid waste throughout the State.
(3) Encourage coordinatedlocal activity for solid waste management within a common geographical area.
(4) Provide planning,technical, and financial assistance to units of local government and Stateagencies for reduction, recycling, reuse, and processing of solid waste and forsafe and environmentally sound solid waste management and disposal.
(5) Cooperate withappropriate federal agencies, local governments, and private organizations incarrying out the provisions of this Part.
(6) Promote and assistthe development of solid waste reduction, recycling, and resource recoveryprograms that preserve and enhance the quality of the air, water, and othernatural resources of the State.
(7) Maintain a directoryof recycling and resource recovery systems in the State and provide assistancewith matching recovered materials with markets.
(8) Manage a program ofgrants for programs for recycling and special waste management, and forprograms that provide for the safe and proper management of solid waste.
(9) Provide for theeducation of the general public and the training of solid waste managementprofessionals to reduce the production of solid waste, to ensure properprocessing and disposal of solid waste, and to encourage recycling and solidwaste reduction.
(10) Develop descriptiveliterature to inform units of local government of their solid waste managementresponsibilities and opportunities.
(11) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 10.
(12) Provide and maintainrecycling bins for the collection and recycling of newspaper, aluminum cans,glass containers, and recyclable plastic beverage containers at the NorthCarolina Zoological Park.
(13) Identify, based onreports required under G.S. 130A‑309.14 and any other relevantinformation, those materials in the municipal solid waste stream that aremarketable in the State or any portion thereof and that should be recoveredfrom the waste stream prior to treatment or disposal.
(14) Identify and analyze,with assistance from the Department of Commerce pursuant to G.S. 130A‑309.14,components of the State's recycling industry and present and potential marketsfor recyclable materials in this State, other states, and foreign countries.
(b) Repealed by SessionLaws 2007‑550, s. 6(b), effective August 1, 2007, and applicable to anyapplication for a permit for a solid waste management facility that is pendingon that date.
(c) The Departmentshall report to the Environmental Review Commission on or before 15 January ofeach year on the status of solid waste management efforts in the State. Thereport shall include:
(1) A comprehensiveanalysis, to be updated in each report, of solid waste generation and disposalin the State projected for the 20‑year period beginning on 1 July 1991.
(2) The total amounts ofsolid waste recycled and disposed of and the methods of solid waste recyclingand disposal used during the calendar year prior to the year in which thereport is published.
(3) An evaluation of thedevelopment and implementation of local solid waste management programs andcounty and municipal recycling programs.
(4) An evaluation of thesuccess of each county or group of counties in meeting the municipal solidwaste reduction goal established in G.S. 130A‑309.04.
(5) Recommendationsconcerning existing and potential programs for solid waste reduction andrecycling that would be appropriate for units of local government and Stateagencies to implement to meet the requirements of this Part.
(6) An evaluation of therecycling industry, the markets for recycled materials, the recycling ofpolystyrene, and the success of State, local, and private industry efforts toenhance the markets for these materials.
(7) Recommendations tothe Governor and the Environmental Review Commission to improve the managementand recycling of solid waste in the State, including any proposed legislationto implement the recommendations.
(8) A description of thecondition of the Solid Waste Management Trust Fund and the use of all fundsallocated from the Solid Waste Management Trust Fund, as required by G.S. 130A‑309.12(c).
(9) A description of thereview and revision of bid procedures and the purchase and use of reusable,refillable, repairable, more durable, and less toxic supplies and products byboth the Department of Administration and the Department of Transportation, asrequired by G.S. 130A‑309.14(a1)(3).
(10) A description of theimplementation of the North Carolina Scrap Tire Disposal Act that includes thebeginning and ending balances in the Scrap Tire Disposal Account for the reportingperiod, the amount credited to the Scrap Tire Disposal Account during thereporting period, and the amount of revenue used for grants and to clean upnuisance tire collection sites, as required by G.S. 130A‑309.63(e).
(11) A description of themanagement of white goods in the State, as required by G.S. 130A‑309.85.
(12) A summary of thereport by the Department of Transportation on the amounts and types of recycledmaterials that were specified or used in contracts that were entered into bythe Department of Transportation during the previous fiscal year, as requiredby G.S. 136‑28.8(g).
(13) A summary of thereports by each State department, institution, agency, community college, andlocal school administrative unit authorized to purchase materials and suppliesdetailing the amounts and types of materials and supplies with recycled contentthat were purchased during the previous fiscal year and the progress towardreaching the goals under G.S. 143‑58.3, as required by G.S. 143‑58.2(f).
(14) (Effective July 1,2009, and expiring October 1, 2023) A description of the activities relatedto the management of abandoned manufactured homes in the State in accordancewith G.S. 130A‑117, the beginning and ending balances in the Solid WasteManagement Trust Fund for the reporting period and the amount of funds used,itemized by county, for grants made under Part 2F of Article 9 of Chapter 130Aof the General Statutes.
(d) Repealed by SessionLaws 2001‑452, s. 3.1, effective October 28, 2001. (1989, c. 784, s. 2; 1991,c. 336, s. 4; c. 621, ss. 3, 4; 1993, c. 250, s. 3; 1995 (Reg. Sess., 1996), c.594, s. 10; 2001‑452, s. 3.1; 2007‑550, s. 6(b); 2008‑136, s.2.)