NC SWANA Position Statement on the Proposed Solid Waste Management Act of 2007

Overview

A North Carolina Bill (S1492) entitled “The Solid Waste Management Act of 2007” (the Act) was recently introduced in the Senate.  This Act proposes sweeping changes to the laws governing solid waste management in North Carolina.  Here are a few of the changes proposed in the Act:

· Expands Financial Assurance requirements for permit applicants and operators

· Requires Single Composite liner system for C&D waste (the current MSW standard)

· Expands buffer and liner testing requirements for MSW landfills

· Requires the MSW permit applicant to prepare an environmental impact study including an alternatives analysis and a traffic study.

· Establishes permitting fees for solid waste facilities ranging up to $50,000 per permit

· Establishes a $2.00 per ton disposal fee on MSW and C&D waste to clean up “orphan” landfill sites, introducing a new interpretation of orphan site

· Changes existing franchise law by increasing preconditions and procedures by which local governments can issue franchises for sanitary landfills, including establishing a new determination of consistency by the local governments that is reviewed by the Department and assigning financial responsibility that may regulate host fees awarded local governments

· Requires permits for multi-jurisdictional landfills (nearly all) to be approved by a new State Commission, effectively negating local government franchise authority

· Establishes standards for waste containers that would make many current solid waste trucks and trailers illegal.

Why NC SWANA is Opposed to the Act

Members of the NC SWANA board of directors and Policy Committee have been actively tracking the turn of events since the initial passing of the landfill moratorium last year.  More importantly, NC SWANA has attempted (and failed) to establish a collaborative setting in which to discuss the study requirements set forth in the moratorium.  NC SWANA has many technical resources and it’s members provide broad representation of the regulated community.  Our voice has not been heard in the process of developing the Act, and as a majority stakeholder in management of solid waste in North Carolina, we consider this unacceptable. Following are a few specific points of concern:

· First, we support enhancement of environmental stewardship for solid waste management in North Carolina, but not in the ways proposed in the Solid Waste Management Act of 2007.  The lack of coordination and dialogue with the regulated community and technical experts is bad process.

· The $2.00 per ton fee is intended to provide funding for clean up of old landfill sites in NC.  There is no clear process by which one community would receive funding over another, nor is there clear understanding of what funds are actually needed.  Therefore strong potential exists for wasteful spending or unfair distribution of the funds.  Many communities are already taking care of their own old landfills.  This program may reward those that are not while penalizing those that are.

· NCDENR has not demonstrated that the technical requirements proposed (composite liners for C&D, increased stream buffers, etc.) are necessary.    Before enacting such a change, the need for heightened  regulatory standards should be well documented.  It is not.

· We oppose state interference in development of local franchise agreements and unreasonable impediments regarding community host fees.

· We generally support strengthening of Financial Assurance requirements.

· We support permitting fees, but not without a thorough review of the DWM permitting process and establishment of review timelines and standards.