RES-2014-021 Resolution Regarding Legislative Matters for Statewide Issues with Exhibits

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I facility provided by the county. To the extent that the services provided by the county disposal 2 facility differ from the services provided by the disposal facility provided by a private 3 contractor in the same county, the county may charge an availability fee to cover the costs of 4 the additional services provided by the county disposal facility. 5 The board of county commissioners may impose a fee for a residential recyclable materials 6 collection program provided by the county. A fee may not exceed the cost of providing the 7 collection service and may be imposed on all benefited improved property along designated 8 collection routes. A county may not impose a recyclable materials collection program fee on 9 improved property from which residential recyclable material is collected by a private 10 contractor for a fee if the private contractor collects the same recyclable materials as those 11 collected by the county collection program. The fee may be imposed in full if the private 12 contractor does not, at a minimum, collect the same recyclable materials collected by the 13 county. Upon presentation to the county of a valid contract for such service between the 14 property owner or current resident and private contractor, such improved property is not 15 considered to benefit from a residential recyclable materials collection program provided by the 16 county and is not subject to a fee imposed by the county for the residential recyclable materials 17 collection program provided by the county. A pro-rated fee may be assessed to benefited 18 property for any portion of a calendar year the benefited property is not served by a private 19 contractor. 20 In determining the costs of providing and operating a disposal facility or residential 21 recyclable materials collection pro ram, a county may consider solid waste management costs 22 incidental to a county's handling and disposal of solid waste at its disposal facility or residential 23 recyclable materials collection program, including the costs of the methods of solid waste 24 management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989. A 25 fee for the availability or use of a disposal facility may be based on the combined costs of the 26 different disposal facilities provided by the county. A fee for the residential recyclable 27 materials collection program may be based on the combined costs of the different materials 28 collected through the program and may also be based on differing levels of service. 29 A county may operate a residential recyclable materials collection program within the 30 corporate limits of a city upon a resolution to that effect by the city governing board. oard. 31 (c) The board of county commissioners may use any suitable vacant land owned by the 32 county for the site of a disposal facility, subject to the permit requirements of Article 9 of 33 Chapter 130A of the General Statutes. If the county does not own suitable vacant land for a 34 disposal facility, it may acquire suitable land by purchase or condemnation. The board may 35 erect a gate across a highway that leads directly to a disposal facility operated by the county. 36 The gate may be erected at or in close proximity to the boundary of the disposal facility. The 37 county shall pay the cost of erecting and maintaining the gate. 38 (d), (e) Repealed by Session Laws 1991, c. 652, s. 1. 39 (f) This section does not prohibit a county from providing aid to low-income persons 40 to pay all or part of the cost of solid waste management services for those persons. (1961, c. 41 514, s. 1; 1971, c. 568; 1973, c. 535; c. 822, s. 2; 1981, c. 919, s. 22; 1989 (Reg. Sess., 1990), c. 42 I 1009, s. 3; 1991, c. 652, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 27; 2007-550, s. 10(a).) 43 SECTION 2: This act is effective when it becomes law. 44 2