North Carolina § 130A-309 - 09A. Local government solid waste responsibilities.

§ 130A-309. 09A. Local government solid waste responsibilities.

The governing board of each unit of local government shall assess local solid waste collection services and disposal capacity and shall determine the adequacy of collection services and disposal capacity to meet local needs and to protect human health and the environment. Each unit of local government shall implement programs and take other actions that it determines are necessary to address deficiencies in service or capacity required to meet local needs and to protect human health and the environment. A unit of local government may adopt ordinances governing the disposal, in facilities that it operates, of solid waste generated outside of the area designated to be served by the facility. Such ordinances shall not be construed to apply to privately operated disposal facilities located within the boundaries of the unit of local government. Units of local government shall make a good-faith effort to achieve the State's forty percent (40%) municipal solid waste reduction goal and to comply with the State's comprehensive solid waste management plan. Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s. 12. In order to assess the progress in meeting the goal set out in G.S. 130A-309.04, each unit of local government shall report to the Department on the solid waste management programs and waste reduction activities within the unit of local government by 1 September of each year. At a minimum, the report shall include: A description of public education programs on recycling. The amount of solid waste received at municipal solid waste management facilities, by type of solid waste. The amount and type of materials from the solid waste stream that were recycled. The percentage of the population participating in various types of recycling activities instituted. The annual reduction in municipal solid waste, measured as provided in G.S. 130A-309.04. Repealed by Session Laws 2013-409, s. 1, effective August 23, 2013. A statement of the costs of solid waste management programs implemented by the unit of local government and the methods of financing those costs. Information regarding permanent recycling programs for discarded computer equipment and televisions for which funds are received pursuant to G.S. 130A-309.137, and information on operative interlocal agreements executed in conjunction with funds received, if any. A description of the disaster debris management program. A description of scrap tire disposal procedures. A description of white goods management procedures. Information regarding the prevention of illegal disposal and management of litter. Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s. 13. Each operator of a municipal solid waste management facility shall weigh all solid waste when it is received. A unit of local government that is a collector of municipal solid waste shall not knowingly collect for disposal, and the owner or operator of a municipal solid waste management facility that is owned or operated by a unit of local government shall not knowingly dispose of, any type or form of municipal solid waste that is generated within the boundaries of a unit of local government that by ordinance: Prohibits generators or collectors of municipal solid waste from disposing of that type or form of municipal solid waste. Requires generators or collectors of municipal solid waste to recycle that type or form of municipal solid waste. The storage, retention, and use of nonhazardous recyclable materials, including asphalt pavement, rap, or roofing shingles, shall be encouraged by units of local government. A unit of local government shall not impede the storage, retention, or use of nonhazardous recyclable materials in properly zoned storage facilities through the regulation of the height or setback of recyclable material stockpiles, except when such facilities are located on lots within 200 yards of residential districts. History (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); 2010-67, ss. 1(a)-(d), 3(a), (b); 2013-409, s. 1; 2013-413, s. 50; 2014-115, s. 17.) Editor's Note. - Session Laws 1995 (Reg. Sess., 1996), c. 594, s. 30(a), effective October 1, 1996, provides: "Each unit of local government shall adopt a resolution approving the comprehensive solid waste management plan required by G.S. 130A-309.09 A, as amended by Section 13 of this act, and shall begin implementation of the plan by 1 July 1997. Units of local government that prepared a solid waste management plan pursuant to G.S. 130A-309.09 A(b) prior to the date this act becomes effective may, in lieu of developing a new plan, update their existing plan to meet the requirements of G.S. 130A-309.09A(b), as amended by Section 13 of this act." Session Laws 2010-67, s. 1(a), repealed Session Laws 2007-550, s. 16.2, which added subdivision (b)(6)e., and s. 16.6 which added an effective date provision for that subdivision. Session Laws 2010-67, s. 1(b), repealed Session Laws 2008-208, which amended subdivision (b)(6)e. and the effective date provision. Session Laws 2010-67, s. 1(c), repealed Session Laws 2009-484, s. 16, which amended the effective dates in Session Laws 2007-550, s. 16.6, as amended by Session Laws 2008-208, s. 7, and 2008-198, s. 11.4. Session Laws 2010-67, s. 1(d), repealed Session Laws 2009-550, s. 10(a) and (b), which also amended the effective dates in Session Laws 2007-550, s. 16.6, as amended by Session Laws 2008-208, s. 7, and Session Laws 2008-198, s. 11.4, to provide an effective date of July 1, 2010. Session Laws 2010-67, s. 1(e), made these repeals effective July 1, 2010. Session Laws 2013-413, s. 61(b), provides: "Except as otherwise provided, this act is effective when it becomes law [August 23, 2013]." Session Laws 2013-413, s. 60(c), had provided that: "This act becomes effective July 1, 2015." Session Laws 2014-115, s. 17, amended Session Laws 2013-413, s. 60(c), to replace the reference to "This act" with the words "This Part." Session Laws 2013-413, s. 61(a), is a severability clause. Effect of Amendments. - Session Laws 2008-136, s. 3, effective July 1, 2009 and expiring October 1, 2023, added subdivision (b)(9). Subdivision (b)(9) was subsequently deleted by Session Laws 2013-409, s. 1. Session Laws 2008-208, s. 2, effective August 9, 2008, inserted "and televisions" in subdivision (b)(6)e. Session Laws 2010-67, s. 3(a) and (b), effective August 1, 2010, added subdivisions (b)(6)e. and (d)(8). Session Laws 2013-409, s. 1, effective August 23, 2013, rewrote subsection (b); deleted subdivision (d)(6), which read "Information regarding programs and other actions implemented as part of the local comprehensive solid waste management plan"; and added subdivisions (d)(9) through (d)(12). Session Laws 2013-413, s. 50, added subsection (h). For effective date, see Editor's note.