§ 130A-309.09D. Responsibilities of generators of municipal solid waste owners and operators of privately owned solid waste management facilities and collectors of municipal solid waste.
§130A‑309.09D. Responsibilities of generators of municipal solid wasteowners and operators of privately owned solid waste management facilities andcollectors of municipal solid waste.
(a) A generator ofmunicipal solid waste shall not knowingly dispose of, a collector of municipalsolid waste shall not knowingly collect for disposal, and the owner or operatorof a privately owned or operated municipal solid waste management facilityshall 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.
(b) On or before 1August, the owner or operator of a privately owned solid waste managementfacility shall report to the Department, for the previous year beginning 1 Julyand ending 30 June, the amount by weight of the solid waste that was receivedat the facility and disposed of in a landfill, incinerated, or converted tofuel. To the maximum extent practicable, the reports shall indicate by weightthe county of origin of all solid waste. The owner or operator shall transmita copy of the report to the county in which the facility is located and to eachcounty from which solid waste originated.
(c) A generator ofindustrial solid waste that owns and operates an industrial solid wastefacility for the management of industrial solid waste generated by thatgenerator shall develop a 10‑year waste management plan. The plan shallbe updated at least every three years. In order to assure compliance with thissubsection, each generator to which this subsection applies shall provide theDepartment with a copy of its current plan upon request by the Department. Each generator to which this subsection applies shall file a report on itsimplementation of the plan required by this subsection with the Department by 1August of each year. A generator to which this subsection applies may providethe Department with a copy of a current plan prepared pursuant to an ordinanceadopted by a unit of local government or prepared for any other purpose if theplan meets the requirements of this subsection. The plan shall have thefollowing components:
(1) A waste reductiongoal established by the generator.
(2) Options for themanagement and reduction of wastes evaluated by the generator.
(3) A waste managementstrategy, including plans for waste reduction and waste disposal, for the 10‑yearperiod covered by the plan. (1991, c. 621, s. 11; 1995(Reg. Sess., 1996), c. 594, s. 16.)