GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 317
The General Assembly of North Carolina enacts:
Section 1. G.S. 130A-294(b) reads as rewritten:
"(b) The Commission shall
adopt and the Department shall enforce rules for the establishment,
location, operation, maintenance, use and discontinuance of solid waste
management sites and facilities. These rules shall be designed to accomplish
the maintenance of safe and sanitary conditions in and around solid waste
management sites and facilities, and shall be based on recognized public health
practices and procedures, sanitary engineering research and studies, to
implement a comprehensive statewide solid waste management program. The
rules shall be consistent with applicable State and federal law; and shall be
designed to protect the public health, safety, and welfare; preserve the
environment; and provide for the greatest possible conservation of cultural and
natural resources. Rules for the establishment, location, operation,
maintenance, use, discontinuance, recordation, post-closure care of solid waste
management facilities also shall be based upon recognized public health
practices and procedures, including applicable epidemiological research and
studies; hydrogeological research and studies; sanitary engineering research and
studies; and current technological development in equipment and
methods. The rules shall not apply to the management of solid waste that
is generated by an individual or individual family or household unit on the
individual's property and is disposed of on the individual's property.
The Commission may adopt rules for financial responsibility to ensure the availability of sufficient funds for closure and post-closure maintenance and monitoring at solid waste management facilities, and for any corrective action the Department may require during the active life of a facility or during the closure and post-closure periods. The rules may permit demonstration of financial responsibility through the use of a letter of credit, insurance, surety, trust agreement, financial test, or guarantee by corporate parents or third parties who can pass the financial test. Financial responsibility rules shall not apply to solid waste management facilities operated by local government."
Sec. 2. This act shall become effective October 1, 1989.
In the General Assembly read three times and ratified this the 14th day of June, 1989.