GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1

SENATE BILL 983

Short Title:	Remove EIS Exemption/Public Landfills. 	(Public)
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Sponsors:	Senator Miller.
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Referred to:	Agriculture/Environment/Natural Resources.
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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO REPEAL THE EXEMPTION FROM THE REQUIREMENT THAT A SANITARY LANDFILL OBTAIN AN ENVIRONMENTAL IMPACT STATEMENT FOR THOSE SANITARY LANDFILLS OPERATED BY LOCAL GOVERNMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 130A-294(a)(4) reads as rewritten:
"(4)	a.	(Effective June 30, 2001) Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on-site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A-301.1. The Department shall not approve an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission for Health Services, except as provided in subdivisions (3) and (4) of subsection (b1) of this section. No permit shall be granted for a solid waste management facility having discharges which are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143-215.1. If the applicant is a unit of local government, and has not submitted a solid waste management plan that has been approved by the Department pursuant to G.S. 130A-309.09A(b), the Department may deny a permit for a sanitary landfill or a facility that disposes of solid waste by incineration, unless the Commission has not adopted rules pursuant to G.S. 130A-309.29 for local solid waste management plans. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans which will be required for the applicant to obtain a permit.
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Section 2.  This act becomes effective June 30, 2001.