130A-309.03. Findings, purposes.
(a) The General Assembly finds that:
(1) Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances.
(2) Problems of solid waste management have become a matter statewide in scope and necessitate State action to assist local governments in improving methods and processes to promote more efficient methods of solid waste collection and disposal.
(3) The continuing technological progress and improvements in methods of manufacture, packaging, and marketing of consumer products have resulted in an ever-mounting increase of the mass of material discarded by the purchasers of the products, thereby necessitating a statewide approach to assisting local governments around the State with their solid waste management programs.
(4) The economic growth and population growth of our State have required increased industrial production together with related commercial and agricultural operations to meet our needs, which have resulted in a rising tide of unwanted and discarded materials.
(5) The failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion of our natural resources; such that, maximum resource recovery from solid waste and maximum recycling and reuse of the resources must be considered goals of the State.
(6) Certain solid waste, due to its quantity; concentration; or physical, chemical, biological, or infectious characteristics; is exceptionally hazardous to human health, safety, and to the environment; such that exceptional attention to the transportation, disposal, storage, and treatment of the waste is necessary to protect human health, safety, and welfare; and to protect the environment.
(7) This Part should be integrated with other State laws and rules and applicable federal law.
(b) It is the purpose of this Part to:
(1) Regulate in the most economically feasible, cost-effective, and environmentally safe manner the storage, collection, transport, separation, processing, recycling, and disposal of solid waste in order to protect the public health, safety, and welfare; enhance the environment for the people of this State; and recover resources which have the potential for further usefulness.
(2) Establish and maintain a cooperative State program of planning, technical assistance, and financial assistance for solid waste management.
(3) Require counties and municipalities to adequately plan and provide efficient, environmentally acceptable solid waste management programs; and require counties to plan for proper hazardous waste management.
(4) Require review of the design, and issue permits for the construction, operation, and closure of solid waste management facilities.
(5) Promote the application of resource recovery systems that preserve and enhance the quality of air, water, and land resources.
(6) Ensure that exceptionally hazardous solid waste is transported, disposed of, stored, and treated in a manner adequate to protect human health, safety, and welfare; and the environment.
(7) Promote the reduction, recycling, reuse, or treatment of solid waste, specifically including hazardous waste, in lieu of disposal of the waste.
(8) Promote methods and technology for the treatment, disposal, and transportation of hazardous waste which are practical, cost-effective, and economically feasible.
(9) Encourage counties and municipalities to utilize all means reasonably available to promote efficient and proper methods of managing solid waste and to promote the economical recovery of material and energy resources from solid waste, including contracting with persons to provide or operate resource recovery services or facilities on behalf of the county or municipality.
(10) Promote the education of the general public and the training of solid waste professionals to reduce the production of solid waste, to ensure proper disposal of solid waste, and to encourage recycling.
(11) Encourage the development of waste reduction and recycling as a means of managing solid waste, conserving resources, and supplying energy through planning, grants, technical assistance, and other incentives.
(12) Encourage the development of the State's recycling industry by promoting the successful development of markets for recycled items and by promoting the acceleration and advancement of the technology used in manufacturing processes that use recycled items.
(13) Give the State a leadership role in recycling efforts by granting a preference in State purchasing to products with recycled content.
(14) Require counties to develop and implement recycling programs so that valuable materials may be returned to productive use, energy and natural resources conserved, and the useful life of solid waste management facilities extended.
(15) Ensure that medical waste is transported, stored, treated, and disposed of in a manner sufficient to protect human health, safety, and welfare; and the environment.
(16) Require counties, municipalities, and State agencies to determine the full cost of providing storage, collection, transport, separation, processing, recycling, and disposal of solid waste in an environmentally safe manner; and encourage counties, municipalities, and State agencies to contract with private persons for any or all the services in order to assure that the services are provided in the most cost-effective manner. (1989, c. 784, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 9 - Solid Waste Management.
§ 130A-291 - Division of Waste Management.
§ 130A-291.1 - Septage management program; permit fees.
§ 130A-291.2 - Temporary domestic wastewater holding tanks.
§ 130A-291.3 - Septage operator training required.
§ 130A-292 - Conveyance of land used for commercial hazardous waste disposal facility to the State.
§ 130A-294 - Solid waste management program.
§ 130A-295 - Additional requirements for hazardous waste facilities.
§ 130A-295.01 - Additional requirement for commercial hazardous waste facilities.
§ 130A-295.05 - Hazardous waste transfer facilities.
§ 130A-295.1 - (See Editor's note) Limitations on permits for sanitary landfills.
§ 130A-295.3 - Environmental compliance review requirements for applicants and permit holders.
§ 130A-295.4 - Combustion products landfills.
§ 130A-295.5 - Traffic study required for certain solid waste management facilities.
§ 130A-295.6 - Additional requirements for sanitary landfills.
§ 130A-295.8 - Fees applicable to permits for solid waste management facilities.
§ 130A-295.9 - Solid waste disposal tax; use of proceeds.
§ 130A-297 - Receipt and distribution of funds.
§ 130A-298 - Hazardous waste fund.
§ 130A-299 - Single agency designation.
§ 130A-300 - Effect on laws applicable to water pollution control.
§ 130A-301 - Recordation of permits for disposal of waste on land and Notice of Open Dump.
§ 130A-302 - Sludge deposits at sanitary landfills.
§ 130A-303 - Imminent hazard; emergency.
§ 130A-304 - Confidential information protected.
§ 130A-306 - Emergency Response Fund.
§ 130A-309 - Corrective actions beyond facility boundary.
§ 130A-309.02 - Applicability.
§ 130A-309.03 - Findings, purposes.
§ 130A-309.04 - State solid waste management policy and goals.
§ 130A-309.05 - Regulated wastes; certain exclusions.
§ 130A-309.06 - Additional powers and duties of the Department.
§ 130A-309.07 - State solid waste management plan.
§ 130A-309.08 - Determination of cost for solid waste management; local solid waste management fees.
§ 130A-309.09 - Recodified as §§ A to C by Session Laws 1991, c621, ss7 to 10.
§ 130A-309.09A - Local government solid waste responsibilities.
§ 130A-309.09B - Local government waste reduction programs.
§ 130A-309.11 - Compost standards and applications.
§ 130A-309.13 - Solid Waste Management Outreach Program.
§ 130A-309.14 - Duties of State agencies.
§ 130A-309.14A - Reports by certain State-assisted entities.
§ 130A-309.15 - Prohibited acts regarding used oil.
§ 130A-309.16 - Public education program regarding used oil collection and recycling.
§ 130A-309.18 - Regulation of used oil as hazardous waste.
§ 130A-309.19 - Coordination with other State agencies.
§ 130A-309.20 - Public used oil collection centers.
§ 130A-309.21 - Incentives program.
§ 130A-309.22 - Grants to local governments.
§ 130A-309.23 - Certification of used oil transporters.
§ 130A-309.24 - Permits for used oil recycling facilities.
§ 130A-309.25 - Training of operators of solid waste management facilities.
§ 130A-309.26 - Regulation of medical waste.
§ 130A-309.27 - Joint and several liability.
§ 130A-309.28 - University research.
§ 130A-309.29 - Adoption of rules.
§ 130A-309.52 - Findings; purpose.
§ 130A-309.54 - Use of scrap tire tax proceeds.
§ 130A-309.57 - Scrap tire disposal program.
§ 130A-309.58 - Disposal of scrap tires.
§ 130A-309.59 - Registration of tire haulers.
§ 130A-309.60 - Nuisance tire collection sites.
§ 130A-309.61 - Effect on local ordinances.
§ 130A-309.62 - Fines and penalties.
§ 130A-309.64 - Scrap Tire Disposal Program; other Department activities related to scrap tires.
§ 130A-309.72 - Wholesalers required to accept lead-acid batteries.
§ 130A-309.73 - Inspections of battery retailers authorized; construction of this Part.
§ 130A-309.80 - Findings and purpose.
§ 130A-309.81 - Management of discarded white goods; disposal fee prohibited.
§ 130A-309.82 - Use of disposal tax proceeds by counties.
§ 130A-309.84 - Civil penalties for improper disposal.
§ 130A-309.85 - Reporting on the management of white goods.
§ 130A-309.86 - Effect on local ordinances.
§ 130A-309.87 - Eligibility for disposal tax proceeds.
§ 130A-309.111 - (Expires October 1, 2023) Purpose.
§ 130A-309.112 - (Expires October 1, 2023) Definitions.
§ 130A-309.113 - (Expires October 1, 2023) Management of abandoned manufactured homes.
§ 130A-309.114 - (Expires October 1, 2023) Process for the disposal of abandoned manufactured homes.
§ 130A-309.115 - (Expires October 1, 2023) Grants to local governments.
§ 130A-309.116 - (Expires October 1, 2023) Authority to adopt ordinances.
§ 130A-309.118 - (Expires October 1, 2023) Effect on local ordinances.
§ 130A-309.132 - Responsibility for recycling discarded computer equipment and televisions.
§ 130A-309.133 - Data security.
§ 130A-309.134 - Requirements for computer equipment manufacturers.
§ 130A-309.135 - Requirements for television manufacturers.
§ 130A-309.136 - Requirements applicable to retailers.
§ 130A-309.137 - Electronics Management Fund.
§ 130A-309.138 - Responsibilities of the Department.
§ 130A-309.141 - Local government authority not preempted.
§ 130A-309.142 - Registration of facilities recovering or recycling electronics required.
§ 130A-309.203 - Expedited permit review.
§ 130A-309.206 - Federal preemption; severability.
§ 130A-309.207 - General rule making for Part.
§ 130A-309.210 - Generation, disposal, and use of coal combustion residuals.
§ 130A-309.212 - Identification and assessment of discharges; correction of unpermitted discharges.
§ 130A-309.213 - Prioritization of coal combustion residuals surface impoundments.
§ 130A-309.214 - Closure of coal combustion residuals surface impoundments.
§ 130A-309.215 - Variance authority.
§ 130A-309.216 - Ash beneficiation projects.
§ 130A-309.218 - Applicability.
§ 130A-309.222 - Closure of projects using coal combustion products for structural fill.
§ 130A-309.223 - Recordation of projects using coal combustion products for structural fill.
§ 130A-309.224 - Department of Transportation projects.
§ 130A-309.225 - Inventory and inspection of certain structural fill projects.
§ 130A-309.226 - Amendments required to rules.
§ 130A-309.230 - General enforcement.
§ 130A-309.231 - Penalties for making false statements.
§ 130A-310.2 - Inactive Hazardous Waste Sites Priority List.
§ 130A-310.3 - Remedial action programs for inactive hazardous substance or waste disposal sites.
§ 130A-310.4 - Public participation in the development of the remedial action plan.
§ 130A-310.5 - Authority of the Secretary with respect to sites which pose an imminent hazard.
§ 130A-310.8 - Recordation of notices of environmental contamination and notices of restricted use.
§ 130A-310.10 - Annual reports.
§ 130A-310.11 - Inactive Hazardous Sites Cleanup Fund created.
§ 130A-310.12 - Administrative procedure; adoption of rules.
§ 130A-310.21 - Administration of the Superfund program.
§ 130A-310.22 - Contracts authorized.
§ 130A-310.23 - Filing notices of CERCLA/SARA (Superfund) liens.
§ 130A-310.32 - Brownfields agreement.
§ 130A-310.33 - Liability protection.
§ 130A-310.34 - Public notice and community involvement.
§ 130A-310.35 - Notice of Brownfields Property; land-use restrictions in deed.
§ 130A-310.37 - Construction of Part.
§ 130A-310.38 - Brownfields Property Reuse Act Implementation Account.
§ 130A-310.40 - Legislative reports.
§ 130A-310.60 - Recycling required by public agencies.
§ 130A-310.67 - Applicability.
§ 130A-310.68 - Remediation standards.
§ 130A-310.69 - Remedial investigation report; remedial action plans.
§ 130A-310.70 - Notice of intent to remediate.
§ 130A-310.71 - Review and approval of proposed remedial action plans.
§ 130A-310.72 - Financial assurance requirement.
§ 130A-310.73 - Attainment of the remediation standards.
§ 130A-310.73A - Remediation of sites with off-site migration of contaminants.
§ 130A-310.74 - Compliance with other laws.
§ 130A-310.75 - Use of registered environmental consultants.
§ 130A-310.76 - Fees; permissible uses of fees.