GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 743
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-183.7(c) reads as rewritten:
"(c) Fee Distribution. -
Fees collected for inspection stickers are payable to the Division of Motor
Vehicles. The amount of each fee listed in the table below shall be credited to
the Highway Fund, the Emissions Program Account established in subsection (d)
of this section, the Volunteer Rescue/EMS Fund established in G.S. 58-87-5, the
Rescue Squad Workers' Relief Fund established in G.S. 58-88-5, and the Division
of Environmental Management Air Quality of the Department of
Environment, Health, and Natural Resources:
Recipient Safety Only Emissions and
Sticker Safety Sticker
Highway Fund .75 .00
Emissions Program Account .00 1.80
Volunteer Rescue/EMS Fund .15 .15
Rescue Squad Workers' Relief
Fund .10 .10
Division of Environmental Air
ManagementQuality
.00
.35."
Sec. 2. G.S. 87-94(f) is repealed.
Sec. 3. G.S. 106-802(4) reads as rewritten:
"(4) 'Siting' or 'site
evaluation' means an investigation to determine if a site meets all federal and
State standards as evidenced by the Waste Management Facility Site Evaluation
Report on file with the Natural Resources Conservation Service or a comparable
report certified by a professional engineer or a comparable report certified by
a technical specialist approved by the North Carolina Soil and Water
Conservation Commission and either of which report provides the basis for
certification by the Division of Environmental Management Department
of Environment, Health, and Natural Resources pursuant to the rules
appearing in the North Carolina Administrative Code governing waste not
discharged to surface waters."
Sec. 4. G.S. 130A-291 reads as rewritten:
"§
130A-291. Division of Solid Waste Management.
(a) For the purpose of
promoting and preserving an environment that is conducive to public health and
welfare, and preventing the creation of nuisances and the depletion of our
natural resources, the Department shall maintain a Division of Solid Waste
Management to promote sanitary processing, treatment, disposal, and statewide
management of solid waste and the greatest possible recycling and recovery of
resources, and the Department shall employ and retain such qualified
personnel as may be necessary to effect such purposes. It is the purpose
and intent of the State to be and remain cognizant not only of its
responsibility to authorize and establish the a statewide solid
waste management program, but also of its responsibility to monitor and
supervise, through the Department, the activities and operations of units of
local government implementing a permitted solid waste management facility
serving a specified geographic area in accordance with a solid waste management
plan.
(b) In furtherance of said
this purpose and intent, it is hereby determined and declared that
it is necessary for the health and welfare of the inhabitants of the State that
solid waste management facilities permitted hereunder and serving a specified
geographic area shall be used by public or private owners or occupants of all
lands, buildings, and premises within said the geographic area,
and a unit of local government may, by ordinance, require that all solid waste
generated within said the geographic area and placed in the waste
stream for disposal, shall be delivered to the permitted solid waste management
facility or facilities serving such the geographic area.
Actions taken pursuant to this Article shall be deemed to be acts of the
sovereign power of the State of North Carolina, and to the extent reasonably
necessary to achieve the purposes of this section, a unit of local government
may displace competition with public service for solid waste management and
disposal. It is further determined and declared that no person, firm,
corporation, association or entity within said the geographic
area shall engage in any activities which would be competitive with this
purpose or with ordinances, rules adopted pursuant to the authority granted
herein."
Sec. 5. G.S. 130B-5(c) reads as rewritten:
"(c) The Governor is
authorized to enter into interstate agreements for the management of hazardous
waste. Such agreements shall provide for access to suitable facilities
for management of hazardous waste; encourage reductions in the volume or
quantity and toxicity of hazardous waste; distribute the costs, benefits, and
obligations of hazardous waste management equitably among the party states; and
provide for protection of human health and the environment in a manner that is
both ecologically and economically sound. In negotiating such agreements,
the Governor may request such assistance as he deems appropriate from the
Attorney General, the Solid Division of Waste Management Division
of the Department, and the Commission. The Governor shall submit any
such agreement to the General Assembly for its approval, and no such agreement
shall be effective until approved by the General Assembly."
Sec. 6. G.S. 130B-7(a)(1) reads as rewritten:
"(1) Shall (i) with the
assistance of the Solid Division of Waste Management Division of
the Department, periodically review current and projected hazardous waste
generation from all sources within the State, the current and projected effect
of efforts to minimize and reduce the generation of hazardous waste, the
potential for further reductions in the generation of hazardous waste, current
and projected availability and adequacy of facilities for the management of
hazardous waste within and outside the State, whether and to what extent
private enterprise will provide needed hazardous waste facilities, and capacity
assurance requirements under CERCLA/SARA, (ii) determine whether additional
facilities for the management of hazardous waste may be needed in this State,
and (iii) make appropriate recommendations to the Governor and the General
Assembly;".
Sec. 7. G.S. 130B-16(c)(2) reads as rewritten:
"(2) Funding of a portion
of the cost of the Pollution Prevention Pays Program, the waste minimization
program administered by the Technical Assistance and Support Unit of the Solid
Division of Waste Management Division of the Department,
other programs which foster multimedia waste prevention, reduction, reuse, and
recycling, and programs which provide assistance to small quantity
generators."
Sec. 8. G.S. 130B-22(a) reads as rewritten:
"(a) To assist the
Commission in the performance of its responsibilities under this Chapter and to
advise the General Assembly, there is created the Inter-Agency Committee on
Hazardous Waste (herein called the 'Committee'). The members shall
be: the Secretary or the Secretary's designee; the Director of the Solid
Waste Management Division Division of Waste Management of the
Department or his designee; the Chief of the Hazardous Waste Management Section
of the Solid Waste Management Division Division of Waste Management or
his designee; one additional representative of the Solid Waste Management
Division Division of Waste Management with expertise in CERCLA/SARA
capacity assurance requirements appointed by the Director of the Division, the
Chairman of the Commission or his designee; one additional member of the
Commission appointed by the Chairman of the Commission; the Executive Director
of the Commission; the Director of the Pollution Prevention Pays Program; four
representatives of the Department of Environment, Health, and Natural Resources
with expertise in geology, groundwater, water quality, and air quality; the
representative of the Attorney General's office who provides legal services to
the Commission; and a representative of the Attorney General's office who provides
legal services to the Solid Waste Management Division Division of
Waste Management designated by the Director of the Solid Waste
Management Division Division of Waste Management with the approval
of the Attorney General. The Secretary or the Secretary's designee shall
serve as the Chairman of the Committee, and the Solid Waste Management
Division Division of Waste Management of the Department shall
provide professional and clerical support to the Committee."
Sec. 9. G.S. 136-28.8(g) reads as rewritten:
"(g) Beginning October
1, 1994, On or before 1 October of each year, the Department shall
report annually to the Office of Waste Reduction, Division of
Pollution Prevention and Environmental Assistance of the Department of
Environment, Health, and Natural Resources, Resources as to the
amounts and types of recycled materials that were specified or used in
contracts that were entered into during the previous fiscal year. The
Office of Waste Reduction On or before 1 December of each year, the
Division of Pollution Prevention and Environmental Assistance shall prepare
a summary of this report and submit the summary annually to the Joint
Legislative Commission on Governmental Operations. Operations and the
Environmental Review Commission."
Sec. 10. G.S. 143-58.2(d) reads as rewritten:
"(d) The Department of
Administration, in cooperation with the Office of Waste Reduction, Division
of Pollution Prevention and Environmental Assistance of the Department
of Environment, Health, and Natural Resources, shall identify materials and
supplies with recycled content that meet appropriate standards for use by State
departments, institutions, agencies, community colleges, and local school
administrative units."
Sec. 11. G.S. 143-58.2(f) reads as rewritten:
"(f) Beginning October
1, 1994, On or before 1 October of each year, each State department,
institution, agency, community college, and local school administrative unit
authorized to purchase materials and supplies shall report annually to the
Office of Waste Reduction, Division of Pollution Prevention and
Environmental Assistance of the Department of Environment, Health, and
Natural Resources, the amounts and types of materials and supplies with
recycled content that were purchased during the previous fiscal year and its
progress toward reaching the goals under G.S. 143-58.3. The Office of
Waste Reduction On or before 1 December of each year, the Division of
Pollution Prevention and Environmental Assistance shall prepare a summary
of these reports and submit the summary annually to the Joint
Legislative Commission on Governmental Operations. Operations and the
Environmental Review Commission."
Sec. 12. G.S. 143-214.2A(b)(6) is repealed.
Sec. 13. G.S. 143-215.3A(b1) reads as rewritten:
"(b1) The I & M Air Pollution
Control Account is established as a nonreverting account within the Department.
Fees transferred to the Division of Environmental Management Air
Quality of the Department pursuant to G.S. 20-183.7(c)(2) shall be credited
to the I & M Air Pollution Control Account and shall be applied to the
costs of developing and implementing an air pollution control program for
mobile sources."
Sec. 14. G.S. 143-215.6A(h) is repealed.
Sec. 15. G.S. 143-215.17(b)(7) is repealed.
Sec. 16. G.S. 143-215.94O(a)(1) reads as rewritten:
"(1) An employee of the
Department who is not employed by the section of the Division of
Environmental Management responsible for the administration of the
underground storage tank cleanup program who shall be appointed by the
Secretary and who shall serve at the pleasure of the Secretary."
Sec. 17. G.S. 143-215.94W(g) is repealed.
Sec. 18. G.S. 143-215.114(g) is repealed.
Sec. 19. G.S. 143-439 reads as rewritten:
"(b) The Pesticide
Advisory Committee shall consist of: three practicing farmers; one
conservationist (at large); one ecologist (at large); one representative of the
pesticide industry; one representative of agribusiness (at large); one local
health director; three members of the North Carolina State University School of
Agriculture and Life Sciences, at least one of which shall be from the area of
wildlife or biology; one member representing the North Carolina Department of
Agriculture; one member representing the Department of Environment, Health, and
Natural Resources; the State Health Director or his designee; one
representative of a public utility or railroad company which uses pesticides;
one representative of the Board of Transportation; one member of the North
Carolina Agricultural Aviation Association; one member of the general public
(at large); one member actively engaged in forest pest management; and one
member representing the Division of Solid Waste Management of the
Department of Environment, Health, and Natural Resources. Each State
agency represented [representative] on the Committee shall be appointed by the
head of the agency. Other members of the Committee shall be appointed by
the Board."
Sec. 20. G.S. 143B-279.3(c)(2) reads as rewritten:
"(2) There is hereby
created a division within the environmental area of the Department of
Environment, Health, and Natural Resources to be named the Division of Solid
Waste Management. All functions, powers, duties, and obligations of
the Solid Waste Management Section of the Division of Health Services of the
Department of Human Resources are transferred in their entirety to the Division
of Solid Waste Management of the Department of Environment, Health, and
Natural Resources."
Sec. 21. G.S. 143B-282.1(f) reads as rewritten:
"(f) As used in this
section, 'Secretary' means the Secretary of Environment, Health, and Natural
Resources. The Secretary may delegate his powers and duties under this
section to the Director of the Division of Environmental Management of the
Department of Environment, Health, and Natural Resources."
Sec. 22. G.S. 147-45 reads as rewritten:
"§ 147-45. Distribution of copies of State publications.
The Secretary of State shall, at the State's expense, as soon as possible after publication, provide such number of copies of the Session Laws and Senate and House Journals to federal, State, and local governmental officials, departments and agencies, and to educational institutions of instruction and exchange use, as is set out in the table below:
Session Assembly
Agency or Institution Laws Journals
Governor, Office of the 3 2
Lieutenant Governor, Office of the 1 1
Secretary of State, Department of the 3 3
Auditor, Department of the State 3 1
Treasurer, Department of the State 3 1
Local Government Commission 2 0
State Board of Education 1 0
Department of Public Instruction 3 1
Controller 1 0
Technical Assistance Centers 1 ea. 0
Department of Community Colleges 3 1
Justice, Department of
Office of the Attorney General 25 3
Budget Bureau (Administration) 1 0
Property Control (Administration) 1 1
State Bureau of Investigation 1 0
Agriculture, Department of 3 1
Labor, Department of 5 1
Insurance, Department of 5 1
Administration, Department of 1 1
Budget Bureau 2 1
Controller 1 0
Property Control 1 0
Purchase and Contract 2 0
Policy and Development 1 0
Veterans Affairs Commission 1 0
Environment, Health, and Natural
Resources, Department
of
16
0
Division of Environmental Management
2
0
Board of Environment, Health, and
Natural Resources
1
0
Soil and Water Conservation
Commission
1
0
Wildlife Resources Commission 2 0
Revenue, Department of 5 1
Human Resources, Department of
36
0
Board of Human Resources
1
0
Health Services, Division of
3
0
Mental Health, Developmental
Disabilities, and Substance Abuse Services,
Division of 1 0
Social Services, Division of 3 0
Facilities Services, Division of 1 0
Youth Services, Division of 1 0
Hospitals and Institutions 1 ea. 0
Transportation, Department of 1 0
Board of Transportation 3 0
Motor Vehicles, Division of 1 0
Commerce, Department of 1 0
Economic Development, Division of 2 0
State Ports Authority 1 0
Alcoholic Beverage Control Commission,
North Carolina 2 0
Banking Commission 2 0
Utilities Commission 8 1
Industrial Commission 7 0
Labor Force Development Council 1 0
Milk Commission 5 0
Employment Security Commission 1 1
Correction, Department of 1 0
Department of Correction 2 0
Parole Commission 2 0
State Prison 1 0
Correctional Institutions 1 ea. 0
Cultural Resources, Department of 1 0
Archives and History, Division of 5 1
State Library 5 5
Publications Division 1 1
Crime Control and Public Safety,
Department of 2 1
North Carolina Crime Commission 1 0
Adjutant General 2 0
Elections, State Board of 2 0
Office of Administrative Hearings 2 0
State Personnel Commission 1 0
Office of State Personnel 1 1
Legislative Branch
State Senators 1 ea. 1 ea.
State Representatives 1 ea. 1 ea.
Principal Clerk - Senate 1 1
Principal Clerk - House 1 1
Reading Clerk - Senate 1 1
Reading Clerk - House 1 1
Sergeant at Arms - House 1 1
Sergeant at Arms - Senate 1 1
Enrolling Clerk 1 0
Engrossing Clerk 1 0
Indexer of the Laws 1 0
Legislative Building Library 35 15
Judicial System
Justices of the Supreme Court 1 ea. 1 ea.
Judges of the Court of Appeals 1 ea. 1 ea.
Judges of the Superior Court 1 ea. 0
Emergency and Special Judges of the
Superior Court 1 ea. 0
District Court Judges 1 ea. 0
District Attorneys 1 ea. 0
Clerk of the Supreme Court 1 1
Clerk of the Court of Appeals 1 1
Administrative Office of the Courts 4 1
Supreme Court Library AS MANY AS REQUESTED
Colleges and Universities
The University of North Carolina System
Administrative Offices 3 0
University of North Carolina, Chapel Hill 65 25
University of North Carolina, Charlotte 3 1
University of North Carolina, Greensboro 3 1
University of North Carolina, Asheville 2 1
University of North Carolina, Wilmington 2 1
North Carolina State University, Raleigh 5 3
Appalachian State University 2 1
East Carolina University 3 2
Elizabeth City State University 2 1
Fayetteville State University 2 1
North Carolina Agricultural and
Technical University 2 1
North Carolina Central University 5 5
Western Carolina University 2 1
Pembroke State University 2 1
Winston-Salem State University 2 1
North Carolina School of the Arts 1 1
Private Institutions
Duke University 6 6
Davidson College 3 2
Wake Forest University 5 5
Lenoir Rhyne College 1 1
Elon College 1 1
Guilford College 1 1
Campbell University 5 5
Wingate College 1 1
Pfeiffer College 1 1
Barber Scotia College 1 1
Barton College 1 1
Shaw University 1 1
St. Augustine's College 1 1
J.C. Smith University 1 1
Belmont Abbey College 1 1
Bennett College 1 1
Catawba College 1 1
Gardner-Webb College 1 1
Greensboro College 1 1
High Point College 1 1
Livingstone College 1 1
Mars Hill College 1 1
Meredith College 1 1
Methodist College 1 1
North Carolina Wesleyan College 1 1
Queens College 1 1
Sacred Heart College 1 1
St. Andrews Presbyterian College 1 1
Salem College 1 1
Warren Wilson College 1 1
County and Local Officials
Clerks of the Superior Court 1 ea. 1 ea.
Register of Deeds 1 ea. 1 ea.
Federal, Out-of-State and Foreign
Secretary to the President 1 0
Secretary of State 1 1
Secretary of Defense 1 0
Secretary of Agriculture 1 0
Secretary of the Interior 1 0
Secretary of Labor 1 1
Secretary of Commerce 1 1
Secretary of the Treasury 1 0
Secretary of Health, Education and Welfare 1 0
Secretary of Housing and Urban Development 1 0
Secretary of Transportation 1 0
Attorney General 1 0
Postmaster General 1 0
Bureau of Census 1 0
Bureau of Public Roads 1 0
Department of Justice 1 0
Department of Internal Revenue 1 0
Veterans' Administration 1 0
Farm Credit Administration 1 0
Securities and Exchange Commission 1 0
Social Security Board 1 0
Environmental Protection Agency 1 0
Library of Congress 8 2
Federal Judges resident in North Carolina 1 ea. 0
Federal District Attorneys resident in
North Carolina 1 ea. 0
Marshal of the United States Supreme Court 1 0
Federal Clerks of Court resident in North Carolina 1 ea. 0
Supreme Court Library exchange list 1 ea. 0
One copy of the Session Laws shall be furnished the head of any department of State government created in the future.
State agencies, institutions, etc., not found in or covered by this list may, upon written request from their respective department head to the Secretary of State, and upon the discretion of the Secretary of State as to need, be issued copies of the Session Laws on a permanent loan basis with the understanding that should said copies be needed they will be recalled."
Sec. 23. G.S. 159G-3(12) reads as rewritten:
"(12) 'Receiving agency' means the Division
of Environmental Health with respect to receipt of applications for revolving
loans and grants for water supply systems, and the Environmental Management
Commission and the Division of Environmental Management Water Quality
with respect to receipt of applications for revolving loans and grants for
wastewater systems."
Sec. 24. G.S. 159I-3(6) reads as rewritten:
"(6) 'Division' means the
Division of Solid Waste Management of the Department of Environment,
Health, and Natural Resources and any successor of said Division. the
Division of Waste Management."
Sec. 25. References in the Session Laws to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act shall be deemed to refer to the successor division. Every Session Law that refers to any division of the Department of Environment, Health, and Natural Resources to which this act applies or that relates to any power, duty, function, or obligation of any of those divisions and that continues in effect after this act becomes effective shall be construed so as to be consistent with this act. The repeal by this act of language authorizing the Secretary of Environment, Health, and Natural Resources to delegate any power, duty, or function is intended to repeal redundant language and does not alter the power of the Secretary of Environment, Health, and Natural Resources to assign or reassign any function vested in the Secretary or the Department of Environment, Health, and Natural Resources under G.S. 143B-10(a). This act shall not be construed to affect any pending action by or obligation due to any division of the Department of Environment, Health, and Natural Resources that is subdivided or renamed by this act.
Sec. 26. G.S. 159I-30(e) reads as rewritten:
"(e) Special obligation bonds and notes shall be special obligations of the unit of local government issuing them. The principal of, and interest and any premium on, special obligation bonds and notes shall be payable solely from any one or more of the sources of payment authorized by this section as may be specified in the proceedings, resolution, or trust agreement under which they are authorized or secured. Neither the faith and credit nor the taxing power of the unit of local government are pledged for the payment of the principal of, or interest or any premium on, any special obligation bonds or notes, and no owner of special obligation bonds or notes has the right to compel the exercise of the taxing power by the unit in connection with any default thereon. Every special obligation bond and note shall recite in substance that the principal and interest and any premium on such bond or note are payable solely from the sources of payment specified in the bond order or trust, agreement under which it is authorized or secured, provided that:
(1) Any such use of such
sources will not constitute a pledge of the unit's taxing owner; power;
and
(2) The municipality is not obligated to pay such principal or interest or premium except from such sources."
Sec. 27. This act becomes effective 1 July 1996.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
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Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives