§ 130A-309.09A. Local government solid waste responsibilities.
§ 130A‑309.09A. Localgovernment solid waste responsibilities.
(a) The governing boardof each unit of local government shall assess local solid waste collectionservices and disposal capacity and shall determine the adequacy of collectionservices and disposal capacity to meet local needs and to protect human healthand the environment. Each unit of local government shall implement programs andtake other actions that it determines are necessary to address deficiencies inservice or capacity required to meet local needs and to protect human healthand the environment. A unit of local government may adopt ordinances governingthe disposal, in facilities that it operates, of solid waste generated outsideof the area designated to be served by the facility. Such ordinances shall notbe construed to apply to privately operated disposal facilities located withinthe boundaries of the unit of local government.
(b) Each unit of localgovernment, either individually or in cooperation with other units of localgovernment, shall develop a 10‑year comprehensive solid waste managementplan. Units of local government shall make a good‑faith effort to achievethe State's forty percent (40%) municipal solid waste reduction goal and tocomply with the State's comprehensive solid waste management plan. Each unit oflocal government shall develop its solid waste management plan with publicparticipation, including, at a minimum, one advertised public meeting. TheDepartment shall assist units of local government in the preparation of theplan required by this subsection if the unit of local government requestsassistance. Each plan shall be updated at least every three years. In order toassure compliance with this subsection, each unit of local government shallprovide the Department with a copy of its current plan upon request by theDepartment. Each plan shall:
(1) Evaluate the solidwaste stream in the geographic area covered by the plan.
(2) Include a goal forthe reduction of municipal solid waste on a per capita basis by 30 June 2001and a goal for the further reduction of municipal solid waste by 30 June 2006.The solid waste reduction goals shall be determined by the unit or units oflocal government that prepare the plan, and shall be determined so as to assistthe State, to the maximum extent practical, to achieve the State's fortypercent (40%) municipal solid waste reduction goal as set out in G.S. 130A‑309.04(c).
(3) Be designed toachieve the solid waste reduction goals established by the plan.
(4) Include a descriptionof the process by which the plan was developed, including provisions for publicparticipation in the development of the plan.
(5) Include anassessment of current programs and a description of intended actions withrespect to the following solid waste management methods:
a. Reduction at thesource.
b. Collection.
c. Recycling and reuse.
d. Composting andmulching.
e. Incineration withenergy recovery.
f. Incinerationwithout energy recovery.
g. Transfer outside thegeographic area covered by the plan.
h. Disposal.
(6) Include anassessment of current programs and a description of intended actions withrespect to:
a. Education with thecommunity and through the schools.
b. Management ofspecial wastes.
c. Prevention ofillegal disposal and management of litter.
d. Purchase of recycledmaterials and products manufactured with recycled materials.
e. (Effective July1, 2010) For each county and each municipality with a population in excessof 25,000, collection of discarded computer equipment and televisions, asdefined in G.S. 130A‑309.91.
(7) Include adescription and assessment of the full cost of solid waste management,including the costs of collection, disposal, waste reduction, and otherprograms, and of the methods of financing those costs.
(8) Consider the use offacilities and other resources for management of solid waste that may beavailable through private enterprise.
(9) (Expires October1, 2023) Include as a component a written plan for the management ofabandoned manufactured homes as required under G.S. 130A‑309.113(a).
(c) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 12.
(d) In order to assessthe progress in meeting the goal set out in G.S. 130A‑309.04, each unitof local government shall report to the Department on the solid wastemanagement programs and waste reduction activities within the unit of localgovernment by 1 September of each year. At a minimum, the report shall include:
(1) A description ofpublic education programs on recycling.
(2) The amount of solidwaste received at municipal solid waste management facilities, by type of solidwaste.
(3) The amount and typeof materials from the solid waste stream that were recycled.
(4) The percentage ofthe population participating in various types of recycling activitiesinstituted.
(5) The annual reductionin municipal solid waste, measured as provided in G.S. 130A‑309.04.
(6) Informationregarding programs and other actions implemented as part of the localcomprehensive solid waste management plan.
(7) A statement of thecosts of solid waste management programs implemented by the unit of localgovernment and the methods of financing those costs.
(e) Repealed by SessionLaws 1995 (Regular Session, 1996), c. 594, s. 13.
(f) Each operator of amunicipal solid waste management facility shall weigh all solid waste when itis received.
(g) A unit of localgovernment that is a collector of municipal solid waste shall not knowinglycollect for disposal, and the owner or operator of a municipal solid wastemanagement facility that is owned or operated by a unit of local governmentshall not knowingly dispose of, any type or form of municipal solid waste thatis generated within the boundaries of a unit of local government that byordinance:
(1) Prohibits generatorsor collectors of municipal solid waste from disposing of that type or form ofmunicipal solid waste.
(2) Requires generatorsor collectors of municipal solid waste to recycle that type or form ofmunicipal solid waste. (1989, c. 784, s. 2; 1989 (Reg. Sess., 1990), c. 1009, s. 4; 1991, c.621, s. 7; 1995 (Reg. Sess., 1996), c. 594, s. 13; 2007‑550, s. 16.2;2008‑136, s. 3; 2008‑198, s. 11.4; 2008‑208, ss. 2, 7; 2009‑484,s. 16(a), (b); 2009‑550, s. 10(a), (b).)