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ivory (;arolina General Assembly - ~ ri 1 /b2S vC) rivUJ~ ts1LL 1 /bc~ <br />(5) Require the source separation of materials prior to <br />collection of solid waste for disposal. <br />(6) Require participation in a recycling program by <br />requiring separation of designated materials by the owner or 18 <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 of erwise trans~er <br />e ials to the county or its designee. If an . <br />owner places recovere ma eria s 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. 13GA-290 but <br />lot including hazardous waste. <br />(e) A county may, as a condition of approval of any permit <br />`or a subdivision, clearing, and development of land or <br />:onstruction of buildings within the planning jurisdiction of the <br />:ounty, regulate and prohibit the open burning of trees, limbs, <br />Mumps, 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 />:ourty permit for subdivision, clearing, and development of land <br />~r construction of buildings within the planning jurisdiction of <br />:he county are not made subject to such permitting by this <br />subsection." <br />'ART III. APPLICABILITY AND EFE'ECTIVE DATE <br />rage ~ or <br />~ttp://www.ncga.state.nc.us/htm11999/bills/currentversion/ratified/house/hbi11768.~ull.html 3/24/2003 <br />