Agenda - 09-04-2014-13 (7) - Laserfiche WebLink

Browse Search

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 General Assembly Of North Carolina Session 2013 12 carried off site or transported over public roads for open burning unless the materials are carried or transported to: (1) Facilities permitted in accordance with 15A NCAC 02D .1904 (Air Curtain Burners) for the operation of an air curtain burner at a permanent site; or (2) A location, where the material is burned not more than 4 times per year, that meets all of the following criteria: a. At least 500 feet from any dwelling, group of dwellings, or commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. b. There are no more than 2 piles, each 20 feet in diameter, being burned at one time. C. The location is not a permitted solid waste management facility. SECTION 9.(c) Additional Rule- Making Authority. — The Commission shall adopt a rule to amend 15A NCAC 02D .1903 (Open Burning Without an Air Quality Permit) consistent with Section 9(b) of this act. Notwithstanding G.S. 150B- 19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 9(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B -21.8 through G.S. 150B- 21.14. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B- 21.3(bl) as though 10 or more written objections had been received as provided by G.S. 150B- 21.3(b2). SECTION 9.(d) Sunset. — Section 9(b) of this act expires on the date that rules adopted pursuant to Section 9(c) of this act become effective. SECTION 9.(e) G.S. 130A- 294(a) reads as rewritten: "(a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to: (1) Develop a comprehensive program for implementation of safe and sanitary practices for management of solid waste; (2) Advise, consult, cooperate and contract with other State agencies, units of local government, the federal government, industries and individuals in the formulation and carrying out of a solid waste management program; (3) Develop and adopt rules to establish standards for qualification as a "recycling, reduction or resource recovering facility" or as "recycling, reduction or resource recovering equipment" for the purpose of special tax classifications or treatment, and to certify as qualifying those applicants which meet the established standards. The standards shall be developed to qualify only those facilities and equipment exclusively used in the actual waste recycling, reduction or resource recovering process and shall exclude any incidental or supportive facilities and equipment; (4) a. Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on -site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A- 301.1. The Department shall not approve an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission, except as provided in subdivisions (3) and (4) of subsection (bl) of this section. No permit shall be granted for a solid waste management facility having discharges that are point sources until the Department has referred the complete plans and specifications to the Senate Bill 112 * -Third Edition Page 7