County-level Solid Waste Regulation - North Carolina

North Carolina has a statute that grants county-level governments strong oversight and control of solid waste management within their borders (NC Statutes §153A-136). An interesting piece of the law is a provision that allows counties to grant exclusive rights to solid waste management activities to a specific franchise within the county. The reverse is also true in that the county can also prohibit, by ordinance, "any other person from commercially collecting or disposing of solid wastes in that area."

Consolidation and lack of competition in the solid waste industry is certainly a possible outcome of this type of approach and communities should be aware of this if they try to duplicate the efforts in North Carolina.

The NC law is a powerful tool but it still takes a great deal of citizen involvement to counter the deep pockets of the industry. The statute was originally enacted as a result of opposition to a landfill proposed around Guilford County. It was a political fight that the citizens won. The law gives citizens a chance to stop a landfill but it is not a guarantee. Often the companies try to influence decisionmakers by promoting new landfills as significant economic development opportunities.

Taking their fight all the way to the NC Court of Appeals, Greene County citizens used subsection (c) of the law that requires consideration of "alternative sites and socioeconomic and demographic data" before putting a landfill within one mile of an existing landfill.

The citizens argued that the analysis of alternatives was deeply flawed. They pointed out that the recommended alternative was land that the company had already secured prior to completing the alternative site study. The citizens group argued that the company (Republic) never intended to present alternative sites to the Board since the option had already been secured. The appeals court agreed and sent the matter back to the lower court.

Efforts are underway in NC to strengthen this law and/or the rules associated with it by adding detailed criteria on what must be analysed as part of the alternative site review.

More:

• Full Text of North Carolina General Statutes §153A-136. Regulation of solid wastes.
• Full Text of North Carolina General Statutes §130A-294. Solid waste management program.
• Full Text of the NC Appeals Court Decision - 2001
• Blue Ridge Environmental Defense League - helping communities on a variety of environmental issues
• NC Division of Waste Management
• NC Division of Pollution Prevention and Environmental Assistance

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North Carolina Statutes: § 153A-136. Regulation of solid wastes.

(a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and other disposition of solid wastes. Such an ordinance may:

(1) Regulate the activities of persons, firms, and corporations, both public and private.

(2) Require each person wishing to commercially collector dispose of solid wastes to secure a license from the county and prohibit any person fromcommercially collecting or disposing of solid wastes without a license. A fee may be charged for a license.

(3) Grant a franchise to one or more persons for theexclusive right to commercially collect or dispose of solid wastes within all or a defined portion of the county and prohibit any other person from commercially collecting or disposing of solid wastes in that area. The board of commissioners may set the terms of any franchise, except that no franchise may be granted for a period exceeding 30 years, nor may any franchise by its terms impair the authority of the board of commissioners to regulate fees as authorized by this section.

(4) Regulate the fees, if any, that may be charged by licensed or franchised persons for collecting or disposing of solid wastes.

(5) Require the source separation of materials prior to collection of solid waste for disposal.

(6) Require participation in a recycling program byrequiring separation of designated materials by theowner or occupant of the property prior todisposal. An owner of recovered materials as defined by G.S. 130A-290(a)(24) retains ownership of the recovered materials until the owner conveys, sells, donates, or otherwise transfers there covered materials to a person, firm, company, corporation, or unit of local government. A county may not require an owner to convey, sell, donate,or otherwise transfer recovered materials to the county or its designee. If an owner places recovered materials in receptacles or delivers recovered materials to specific locations, receptacles, and facilities that are owned or operated by the county or its designee, then ownership of these materials is transferred to the county or its designee.

(6a) Regulate the illegal disposal of solid waste,including littering on public and private property, provide for enforcement by civil penalties as well as other remedies, and provide that such regulations may be enforced by county employees specially appointed as environmental enforcement officers.

(7) Include any other proper matter.

(b) Any ordinance adopted pursuant to this section shall be consistent with and supplementary to any rules adopted by the Commission for Health Services or the Department of Environmentand Natural Resources

(c) The board of commissioners of a county shall consider alternative sites and socioeconomic and demographic data and shall hold a public hearing prior to selecting or approving a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State. The distance between an existing and a proposed site shall be determined by measurement between the closest points on the outer boundary of each site. The definitions set out in G.S. 130A-290 apply to this subsection. As used in this subsection: