North Carolina § 130A-295 - 5. Traffic study required for certain solid waste management facilities.

§ 130A-295. 5. Traffic study required for certain solid waste management facilities.

An applicant for a permit for a sanitary landfill or for a transfer station shall conduct a traffic study of the impacts of the proposed facility. The Department shall include as a condition of a permit for a sanitary landfill or for a transfer station a requirement that the permit holder mitigate adverse impacts identified by the traffic study. The study shall include all of the following at a minimum: Identification of routes from the nearest limited access highway used to access the proposed facility. Daily and hourly traffic volumes that will result along each approach route between the nearest limited access highway and the proposed facility. A map identifying land uses located along the identified approach routes, including, but not limited to, residential, commercial, industrial development, and agricultural operations. The map shall identify residences, schools, hospitals, nursing homes, and other significant buildings that front the approach routes. Identification of locations on approach routes where road conditions are inadequate to handle the increased traffic associated with the proposed facility and a description of the mitigation measures proposed by the applicant to address the conditions. A description of the potential adverse impacts of increased traffic associated with the proposed facility and the mitigation measures proposed by the applicant to address these impacts. An analysis of the impact of any increase in freight traffic on railroads and waterways. An applicant for a permit for a sanitary landfill or for a transfer station may satisfy the requirements of subsection (a) of this section by obtaining a certification from the Division Engineer of the Department of Transportation that the proposed facility will not have a substantial impact on highway traffic. History (2007-550, s. 8(a).) Editor's Note. - Session Laws 2007-550, s. 8(b), made this section effective August 1, 2007, and applicable to any application for a permit for a solid waste management facility that is pending on that date. Session Laws 2007-550, s. 8(b), further provides in part: "The section shall not apply to: "(1) Identification of routes from the nearest limited access highway used to access the proposed facility. "(2) Daily and hourly traffic volumes that will result along each approach route between the nearest limited access highway and the proposed facility. "(3) A map identifying land uses located along the identified approach routes, including, but not limited to, residential, commercial, industrial development, and agricultural operations. The map shall identify residences, schools, hospitals, nursing homes, and other significant buildings that front the approach routes. "(4) Identification of locations on approach routes where road conditions are inadequate to handle the increased traffic associated with the proposed facility and a description of the mitigation measures proposed by the applicant to address the conditions. "(5) A description of the potential adverse impacts of increased traffic associated with the proposed facility and the mitigation measures proposed by the applicant to address these impacts. "(6) An analysis of the impact of any increase in freight traffic on railroads and waterways." Session Laws 2007-550, s. 19, is a severability clause.