§ 153A-136. Regulation of solid wastes.
§ 153A‑136. Regulationof solid wastes.
(a) A county may byordinance regulate the storage, collection, transportation, use, disposal, andother disposition of solid wastes. Such an ordinance may:
(1) Regulate theactivities of persons, firms, and corporations, both public and private.
(2) Require each personwishing to commercially collect or dispose of solid wastes to secure a licensefrom the county and prohibit any person from commercially collecting ordisposing of solid wastes without a license. A fee may be charged for alicense.
(3) Grant a franchise toone or more persons for the exclusive right to commercially collect or disposeof solid wastes within all or a defined portion of the county and prohibit anyother person from commercially collecting or disposing of solid wastes in thatarea. The board of commissioners may set the terms of any franchise, exceptthat no franchise may be granted for a period exceeding 30 years, nor may anyfranchise by its terms impair the authority of the board of commissioners toregulate fees as authorized by this section.
(4) Regulate the fees,if any, that may be charged by licensed or franchised persons for collecting ordisposing of solid wastes.
(5) Require the sourceseparation of materials prior to collection of solid waste for disposal.
(6) Requireparticipation in a recycling program by requiring separation of designatedmaterials by the owner or occupant of the property prior to disposal. An ownerof recovered materials as defined by G.S. 130A‑290(a)(24) retainsownership of the recovered materials until the owner conveys, sells, donates,or otherwise transfers the recovered materials to a person, firm, company,corporation, or unit of local government. A county may not require an owner toconvey, sell, donate, or otherwise transfer recovered materials to the countyor its designee. If an owner places recovered materials in receptacles ordelivers recovered materials to specific locations, receptacles, and facilitiesthat are owned or operated by the county or its designee, then ownership ofthese materials is transferred to the county or its designee.
(6a) Regulate the illegaldisposal of solid waste, including littering on public and private property,provide for enforcement by civil penalties as well as other remedies, andprovide that such regulations may be enforced by county employees speciallyappointed as environmental enforcement officers.
(7) Include any otherproper matter.
(b) Any ordinanceadopted pursuant to this section shall be consistent with and supplementary toany rules adopted by the Commission for Public Health or the Department ofEnvironment and Natural Resources.
(c) The board ofcommissioners of a county shall consider alternative sites and socioeconomicand demographic data and shall hold a public hearing prior to selecting orapproving a site for a new sanitary landfill that receives residential solidwaste that is located within one mile of an existing sanitary landfill withinthe State. The distance between an existing and a proposed site shall bedetermined by measurement between the closest points on the outer boundary ofeach site. The definitions set out in G.S. 130A‑290 apply to thissubsection. As used in this subsection:
(1) "Approving asite" refers to prior approval of a site under G.S. 130A‑294(a)(4).
(2) "Existingsanitary landfill" means a sanitary landfill that is in operation or thathas been in operation within the five‑year period immediately prior tothe date on which an application for a permit is submitted.
(3) "New sanitarylandfill" means a sanitary landfill that includes areas not within thelegal description of an existing sanitary landfill as set out in the permit forthe existing sanitary landfill.
(4) "Socioeconomicand demographic data" means the most recent socioeconomic and demographicdata compiled by the United States Bureau of the Census and any additionalsocioeconomic and demographic data submitted at the public hearing.
(d) As used in thissection, "solid waste" means nonhazardous solid waste, that is, solidwaste as defined in G.S. 130A‑290 but not including hazardous waste.
(e) A county that hasplanning jurisdiction over any portion of the site of a sanitary landfill mayemploy a local government landfill liaison. No person who is responsible forany aspect of the management or operation of the landfill may serve as a localgovernment landfill liaison. A local government landfill liaison shall have aright to enter public or private lands on which the landfill facility islocated at reasonable times to inspect the landfill operation in order to:
(1) Ensure that thefacility meets all local requirements.
(2) Identify and notifythe Department of suspected violations of applicable federal or State laws,regulations, or rules.
(3) Identify and notifythe Department of potentially hazardous conditions at the facility.
(f) Entry pursuant tosubsection (e) of this section shall not constitute a trespass or taking ofproperty. (1955,c. 1050; 1957, cc. 120, 376; 1961, c. 40; c. 514, s. 1; cc. 711, 803; c. 806, s.1; 1965, c. 452; 1967, cc. 34, 90; c. 183, s. 1; cc. 304, 339; c. 495, s. 4;1969, cc. 79, 155, 176; c. 234, s. 1; c. 452; c. 1003, s. 4; 1973, c. 476, s.128; c. 822, s. 1; 1989 (Reg. Sess., 1990), c. 1009, s. 1; 1991 (Reg. Sess.,1992), c. 1013, s. 1; 1993, c. 165, s. 1; 1997‑443, s. 11A.123; 2001‑512,s. 5; 2007‑182, s. 2; 2007‑550, s. 11(a).)