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North Carolina General Assembly- [H 1768 vc] HOUSE BILL 1768 Page 2 of 3 <br /> requiring separation of designated materials by the owner or <br /> occupant of the property prior to disposal. An owner of <br /> recovered materials as defined by G.S. 130A-290 (a) (24) <br /> retains ownership of the recovered materials until the owner <br /> conveys, sells, donates, or otherwise transfers the <br /> recovered materials to a person, firm, company, corporation, <br /> or unit of local government. A county may not require an <br /> owner to convey, sell, donate, or otherwise transfer <br /> recovered materials to the county or its designee. If an <br /> owner places recovered materials in receptacles or delivers <br /> recovered materials to specific locations, receptacles, and <br /> facilities that are owned or operated by the county or its <br /> designee, then ownership of these materials is transferred <br /> to the county or its designee. <br /> (7) Include any other proper matter. <br /> (b) Any ordinance adopted pursuant to this section shall be <br /> consistent with and supplementary to any rules adopted by the <br /> Commission for Health Services or the Department of Environment <br /> and Natural Resources. <br /> (c) The board of commissioners of a county shall consider <br /> alternative sites and socioeconomic and demographic data and <br /> shall hold a public hearing prior to selecting or approving a <br /> site for a new sanitary landfill that receives residential solid <br /> waste that is located within one mile of an existing sanitary <br /> landfill within the State. The distance between an existing and a <br /> proposed site shall be determined by measurement between the <br /> closest points on the outer boundary of each site. The <br /> definitions set out in G.S. 130A-290 apply to this subsection. As <br /> used in this subsection: <br /> (1) "Approving a site" refers to prior approval of a <br /> site under G.S. 130A-294(a) (4) . <br /> (2) "Existing sanitary landfill" means a sanitary <br /> landfill that is in operation or that has been in operation <br /> within the five-year period immediately prior to the date on <br /> which an application for a permit is submitted. <br /> (3) "New sanitary landfill" means a sanitary landfill <br /> that includes areas not within the legal description of an <br /> existing sanitary landfill as set out in the permit for the <br /> existing sanitary landfill. <br /> (4) "Socioeconomic and demographic data" means the most <br /> recent socioeconomic and demographic data compiled by the <br /> United States Bureau of the Census and any additional <br /> socioeconomic and demographic data submitted at the public <br /> hearing. <br /> (d) As used in this section, "solid waste" means nonhazardous <br /> solid waste, that is, solid waste as defined in G.S. 130A-290 but <br /> not including hazardous waste. <br /> (e) A county may, as a condition of approval of any permit <br /> for a subdivision, clearing, and development of land or <br /> construction of buildings within the planning jurisdiction of the <br /> county, regulate and prohibit the open burning of trees, limbs, <br /> stumps, and construction debris associated with the permitted <br /> activity. Agricultural, horticultural, and silvacultural <br /> activities which are exempt by law from requirements- of a <br /> county permit for subdivision, clearing, and development of land <br /> or construction of buildings within the planning jurisdiction of <br /> the county are not made subject to such permitting by this <br /> subsection. " <br /> PART III. APPLICABILITY AND EFFECTIVE DATE <br /> Section 3. Section I of this act applies to Carteret, <br /> Orange, and Pender Counties only. Section 2 of this act applies <br /> to Orange County only, except that it does not apply to Carr and <br /> Cheeks,'Precincts. <br /> Section 4. This act is effective when it becomes law. <br /> In the General Assembly read three times and ratified <br /> '7/')0/1)0 <br />