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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects
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11/23/2015
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Public Hearing
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Agenda
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E1
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Minutes 11-23-2015
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105 <br /> a. An application for any change to the plans approved in a permit for a <br /> solid waste management facility that does not constitute a "permit <br /> amendment" or a"new permit." <br /> b. An application for a five-year limited review of a 10-year permit, <br /> including review of the operations plan, closure plan, post-closure <br /> plan, financial assurance cost estimates, environmental monitoring <br /> plans, and any other applicable plans for the facility. <br /> (b) The Commission shall adopt and the Department shall enforce rules to implement a <br /> comprehensive statewide solid waste management program. The rules shall be consistent with <br /> applicable State and federal law; and shall be designed to protect the public health, safety, and <br /> welfare; preserve the environment; and provide for the greatest possible conservation of <br /> cultural and natural resources. Rules for the establishment, location, operation, maintenance, <br /> use, discontinuance, recordation, post-closure care of solid waste management facilities also <br /> shall be based upon recognized public health practices and procedures, including applicable <br /> epidemiological research and studies; hydrogeological research and studies; sanitary <br /> engineering research and studies; and current technological development in equipment and <br /> methods. The rules shall not apply to the management of solid waste that is generated by an <br /> individual or individual family or household unit on the individual's property and is disposed of <br /> on the individual's property. <br /> (b1) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this <br /> section, a "substantial amendment" means either: <br /> a. An increase of ten percent (10%) or more in: <br /> 1. The population of the geographic area to be served by the <br /> sanitary landfill; <br /> 2. The quantity of solid waste to be disposed of in the sanitary <br /> landfill; or <br /> 3. The geographic area to be served by the sanitary landfill. <br /> b. A change in the categories of solid waste to be disposed of in the <br /> sanitary landfill or any other change to the application for a permit or <br /> to the permit for a sanitary landfill that the Commission or the <br /> Department determines to be substantial. <br /> (2) A person who intends to apply for a new r°.mit toe r° ,,,l of a <br /> a-s4stantial amendment to a permit for a sanitary landfill shall obtain, prior <br /> to applying for a permit, a franchise for the operation of the sanitary landfill <br /> from each local government having jurisdiction over any part of the land on <br /> which the sanitary landfill and its appurtenances are located or to be located. <br /> A local government may adopt a franchise ordinance under G.S. 153A-136 <br /> or G.S. 160A-319. A franchise granted for a sanitary landfill shall be granted <br /> for the life-of-site of the landfill and shall include all of the following: <br /> a. A statement of the population to be served, including a description of <br /> the geographic area. <br /> b. A description of the volume and characteristics of the waste stream. <br /> C. A projection of the useful life of the sanitary landfill. <br /> d. Repealed by Session Laws 2013-409, s. 8, effective August 23, 2013. <br /> e. The procedures to be followed for governmental oversight and <br /> regulation of the fees and rates to be charged by facilities subject to <br /> the franchise for waste generated in the jurisdiction of the franchising <br /> entity. <br /> f. A facility plan for the sanitary landfill that shall include the <br /> boundaries of the proposed facility, proposed development of the <br /> facility site in five )fiat site, the boundaries of all <br /> waste disposal units, final elevations and capacity of all waste <br /> disposal units, the amount of waste to be received per day in tons, the <br /> total waste disposal capacity of the sanitary landfill in tons, a <br /> description of environmental controls, and a description of any other <br /> waste management activities to be conducted at the facility. In <br /> addition, the facility plan shall show the proposed location of soil <br /> borrow areas, leachate facilities, and all other facilities and <br /> infrastructure, including ingress and egress to the facility. <br /> House Bill 765-Ratified Session Law 2015-286 Page 31 <br />
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