Senate Bill 1385-First Edition

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

S 1

SENATE BILL 1385

Short Title: Env'al Justice in Solid Waste Landfill Siting.		(Public)
Sponsors:	Senator Shaw.
Referred to:	Agriculture/Environment/Natural Resources.

March 26, 2007

A BILL TO BE ENTITLED

AN ACT to promote environmental justice by requiring applicants, as part of the permitting process for new solid waste landfills and expansions of existing solid waste landfills, to prepare an environmental impact statement and to conduct a separate review of community impacts that relies in part on a demographic study by the applicant FOR THE AREA LOCATED WITHIN FIVE MILES OF ANY BOUNDARY OF THE SITE OF THE PROPOSED LANDFILL.

The General Assembly of North Carolina enacts:

SECTION 1. Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read:

"§ 130A‑294.2. Additional requirements for siting a solid waste landfill.

(a) As part of the permitting process under G.S. 130A‑294, every applicant for a new solid waste landfill or to expand an existing landfill under G.S. 130A‑294 shall conduct a review of environmental impacts by preparing an environmental impact statement under Article 1 of Chapter 113A of the General Statutes and shall conduct a comprehensive review of community impacts that relies in part on the information obtained from the demographic study conducted by the applicant under subsection (b) of this section. Each review under this subsection shall include an analysis of alternatives. The draft environmental impact statement and the draft of the review of community impacts shall be sent to the Department of Environment and Natural Resources, the Joint Legislative Commission on Governmental Operations, the Governor, and the Office of Environmental Justice. A copy of the final statement and review under this subsection shall be available to the public upon request.

(b) Prior to submitting a permit to the Department for a new solid waste landfill or to expand an existing landfill under G.S. 130A‑294, each applicant shall conduct a demographic study for the area that is located within five miles of any boundary of the site of the proposed landfill. This demographic study shall be based on the smallest tracts available from the United States Census Bureau and, for those tracts not available from the United States Census Bureau, on door‑to‑door surveys. This study shall include all of the following information:

(1) The age, gender, race, ethnic background, financial status, and any chronic illness of each resident in this area.

(2) An examination of the adequacy of housing located in this area and a determination of whether the residences in this area are on well water.

(3) The potential costs for extending drinking water from a new or existing water supply system to each residence on well water in this area.

(4) Transportation routes for trucks and vehicles into and from the proposed site for the landfill.

(5) School bus routes and traffic analysis showing vehicle miles for each road located in this area.

(6) The availability of adequate health care for the residents of this area.

(7) A description and the location of each school, day care center, nursing home, prison, church, and cemetery located in this area.

(8) A description of each facility located in this area that requires any State or local permit, including facility location, facility number, permit number for each permit, permitted discharge limits, and any toxic release inventory.

(9) Any other matters that examine the impact of the proposed solid waste facility on the surrounding community, as required by the Division of Waste Management of the Department of Environment and Natural Resources.

(c) Each applicant for a permit for a new solid waste landfill or to expand an existing solid waste landfill under G.S.130A‑294 shall conduct a door‑to‑door survey for the area that is located within two miles of any boundary of the site of the proposed landfill to ascertain the age, gender, race, ethnic background, financial status, and any chronic illness of each resident in this area.

(d) Prior to conducting the demographic study under subsection (b) of this section, the permit applicant shall give written notice to each resident subject to the study.

(e) The local government with zoning jurisdiction over the site for the proposed landfill shall designate a local advisory group that includes members of the closest inhabited communities. The local advisory group shall review the researcher proposed by the applicant to conduct its demographic study under subsection (b) of this section and determine whether the researcher has any financial conflicts of interest.

(f) The Division of Waste Management of the Department, in conjunction with the Office of Environmental Justice, shall hold a meeting to determine any additional issues under subdivision (9) of subsection (b) of this section that need to be included in the demographic study under subsection (b) of this section.

(g) A draft of the demographic study under subsection (b) of this section shall be submitted to the local advisory group and made available to the public at local libraries and government buildings prior to its finalization. The local advisory group may hold a community meeting on the draft of the demographic study. The local advisory group may prepare comments on the study for inclusion in the solid waste landfill permit application.

(h) The demographic study in its final form shall be submitted to Department of Environment and Natural Resources, the Joint Legislative Commission on Governmental Operations, the Governor, and the Office of Environmental Justice."

SECTION 2. G.S. 130A‑294(a)(4)a. reads as rewritten:

"(4) a. Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on‑site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A‑301.1. The Department shall not approve an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission, except as provided in subdivisions (3) and (4) of subsection (b1) of this section. No permit shall be granted for a solid waste management facility having discharges that are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions of G.S. 143‑215.1. If the applicant is a unit of local government, and has not submitted a solid waste management plan that has been approved by the Department pursuant to G.S. 130A‑309.09A(b), the Department may deny a permit for a sanitary landfill or a facility that disposes of solid waste by incineration, unless the Commission has not adopted rules pursuant to G.S. 130A‑309.29 for local solid waste management plans. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans that will be required for the applicant to obtain a permit.

b. The issuance of permits for ~~sanitary~~ solid waste landfills ~~operated by local governments is exempt from~~is, under G.S. 130A‑294.2, subject to the environmental impact statements required by Article 1 of Chapter 113A of the General Statutes, entitled the North Carolina Environmental Policy Act of 1971. ~~All~~ However; all sanitary landfill permits issued to local governments prior to July 1, 1984, are hereby validated notwithstanding any failure to provide environmental impact statements pursuant to the North Carolina Environmental Policy Act of 1971;".

SECTION 3. This act becomes effective January 1, 2008, and applies to applications for permits for new solid waste landfills and permits to expand existing solid waste landfills that are filed on or after that date.