North Carolina § 106-940 - Purpose and findings.

§ 106-940. Purpose and findings.

The purpose of this Article is to regulate certain open burning in order to protect the public from the hazards of forest fires and air pollution and to adapt such regulation to the needs and circumstances of the different areas of North Carolina. The General Assembly finds that open burning in proximity to woodlands must be regulated in all counties to protect against forest fires and air pollution. The General Assembly further finds that in certain counties a high percentage of the land area contains organic soils or forest types which may pose greater problems of forest fire and air pollution controls, and that in counties in which a great amount of land-clearing operations is taking place on these organic soils or these forest types, additional control of open burning is required. The counties subject to the need for additional control are classified as high hazard counties for purpose of this Article. History (1981, c. 1100, s. 2; 1981 (Reg. Sess., 1982), c. 1385, s. 1; 2011-145, s. 13.25(w).) Transfer of Division of Forest Resources. - Session Laws 2011-145, s. 13.25(a), provides: "(a) The Division of Forest Resources is transferred from the Department of Environment and Natural Resources to the Department of Agriculture and Consumer Services with all the elements of a Type I transfer, as defined by G.S. 143A-6 ." Session Laws 2011-145, s. 13.25(yy), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section." Session Laws 2011-145, s. 13.25(zz), provides: "Any references in this act to the Division of Forest Resources of the Department of Environment and Natural Resources shall be construed to refer to the Division of Forest Resources of the Department of Agriculture and Consumer Services. Any references in this act to the Forestry Council of the Department of Environment and Natural Resources shall be construed to refer to the Forestry Council of the Department of Agriculture and Consumer Services." Expedited Cleanup of Storm-Related Debris. - Session Laws 2011-48, s. 5(a)-(c), provides: "(a) The following definitions apply to this section and its implementation: "(1) The definitions set out in G.S. 130A-294 . "(2) The definitions set out in 15A NCAC 02D .0101 (Air Pollution Control Requirements: Definitions and References). "(3) 'Storm-related debris' means any construction or demolition debris, inert debris, land-clearing debris, or yard debris or trash generated in the State as a result of the tornados, flooding, and severe winds that occurred on April 16, 2011. "(b) From the date that the state of emergency was declared by the Governor under Executive Order No. 87 through June 1, 2011, the disposal, temporary storage, and burning of storm-related debris is allowed, notwithstanding any permitting requirements for the handling or disposal of solid waste, or any prohibitions on open burning related to the protection of air quality provided under State law, including, but not limited, to all of the following: "(1) G.S. 130A-294 (Solid Waste Management Program) and other provisions of Article 9 of Chapter 130A of the General Statutes as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(2) 15A NCAC 13B .0103 (Solid Waste Management: General Conditions) and 15A NCAC 13B .0201 (Permits for Solid Waste Management Facilities: Permit Required) and other provisions of the North Carolina Administrative Code as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(3) G.S. 143-215.3 (General Powers of Commission and Department; auxiliary powers) and other provisions of Article 21 of Chapter 143 of the General Statutes as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(4) 15A NCAC 02D .0305 (Air Pollution Control Requirements: Emission Reduction Plan: Alert Level) and other provisions of the North Carolina Administrative Code as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(c) The provisions of subsection (b) of this section shall not be construed to (i) allow the improper or unpermitted storage, disposal, or burning of hazardous waste; (ii) obviate the need for a permit to burn required under Article 4C of Chapter 113 of the General Statutes for the protection of the public from the hazards of forest fires; (iii) allow any activity that would violate federal law; or (iv) allow any activity that causes an imminent threat to public health or safety." Editor's Note. - This Article is former Article 4C of Chapter 113 , as recodified by Session Laws 2011-145, s. 13.25(w), effective July 1, 2011. The historical citations to the sections in the former Article have been added to the corresponding sections in this Article as recodified. Session Laws 2011-145, s. 13.25(w), designated this Article as Article 75 of Chapter 106 . At the direction of the Revisor of Statutes, the new Article has been redesignated as Article 78, and the sections therein renumbered as G.S. 106-940 through G.S. 106-950 . This section was formerly codified as G.S. 113-60.21 . It was recodified as G.S. 106-900 by Session Laws 2011-145, s. 13.25(w), effective July 1, 2011, and renumbered as G.S. 106-940 at the direction of the Revisor of Statutes. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Legal Periodicals. - For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007).