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Agenda - 06-19-1996
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Agenda - 06-19-1996
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11/21/2013 3:12:45 PM
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BOCC
Date
6/19/1996
Meeting Type
Special Meeting
Document Type
Agenda
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Minutes - 19960619
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\Board of County Commissioners\Minutes - Approved\1990's\1996
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including the conduct of additional hearings and meetings . It is <br /> the purpose of this memorandum to explain these additional steps, <br /> recommend a process for completing those steps and provide an <br /> estimate of the time needed for each step, where possible . <br /> II . Additional Procedural Steps Required. <br /> A. Statutory public hearing. <br /> North Carolina General Statute Sections 160A-325 (applicable <br /> to municipalities) and 153A-136 (c) (applicable to counties) contain <br /> specific requirements for public hearings before any final decision <br /> is considered which would result in OC-17 being selected for a <br /> landfill . <br /> Specifically, these statutory provisions require that a <br /> governing board must : <br /> a) "consider alternative sites and socioeconomic and <br /> demographic data" ; and, <br /> b) "hold a public hearing" before it <br /> c) selects or approves "a site for a new sanitary landfill <br /> that receives residential solid waste that is located within <br /> one mile of an existing sanitary landfill within the State . " <br /> OC-17 is within one mile of the existing Orange Regional <br /> Landfill and these requirements therefore apply. <br /> B. Regulatory public meeting. <br /> North Carolina Administrative Code (NCAC) Section T15A-C13- <br /> S13b. 1618 (c) (5) (A) imposes additional procedural requirements on <br /> the local- government where the landfill is to be located. In the <br /> case of Site OC-17 as well as the other final candidate sites, <br /> Orange County is that government . The County is required by the <br /> regulations to approve the site either by a resolution or vote on <br /> a motion. Before approving the site, the County is required to <br /> hold at least one public meeting upon 30 days public notice . <br /> Information submitted at the public meeting must be submitted <br /> as a part of the permit application submitted to the State . The <br /> meeting and approval action required by the Administrative Code <br /> must be completed prior to the submittal of an application to the <br /> State for a landfill permit . <br /> The requirement in the Administrative Code for this approval <br /> is based on provisions in General Statute Sec . 130A-294 . In part, <br /> the statute indicates that the approval may be in the nature of a <br /> franchise (Sec . 130A-294 (bl) (3) ) , which would require two votes by <br /> 2 <br />
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