A BILL TO BE ENTITLED
AN ACT to require permits for certain solid waste disposal sites for THE REUSE OF COMBUSTION PRODUCTS and for certain solid waste disposal sites for structural fill AND to establish permit fees for these disposal sites, in order to adequately protect the public health and the environment.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 130A‑290(a) reads as rewritten:
"§ 130A‑290.  Definitions.
(a)	Unless a different meaning is required by the context, the following definitions shall apply throughout this Article:
…
(2c)	"Combustion products landfill" means a facility or unit for the disposal or reuse of combustion products.
…
(6a)	"Fully encapsulated" means encased or enclosed in such way as to prevent the leaching of coal combustion residual constituents, including, but not limited to, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, nickel, selenium, silver, and thallium, in trace amounts or otherwise.
…
(41)	"Storage" means the containment of solid waste, either on a temporary basis or for a period of years, in a manner which does not constitute disposal.
(41a)	"Structural fill" means an engineered fill with a projected beneficial end use that is constructed using coal combustion by‑products properly placed and compacted.
(41b)	"Subsidiary" has the same meaning as in 17 Code of Federal Regulations § 240.12b‑2 (1 April 1996 Edition).
(41c)	"Tire‑derived fuel" means a form of fuel derived from scrap tires.
…."
SECTION 2.  G.S. 130A‑294(a) reads as rewritten:
"(a)	The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to:
(1)	Develop a comprehensive program for implementation of safe and sanitary practices for management of solid waste;
…
(4)	a.	Develop a permit system governing the establishment and operation of solid waste management facilities. A solid waste disposal site for the reuse of combustion products shall be subject to the permit requirement of this section unless the end product is fully encapsulated. A solid waste disposal site for structural fill shall be subject to the permit requirement of this section unless the structural fill is fully encapsulated. A solid waste disposal site for the reuse of combustion products is prohibited when the end product is not fully encapsulated. A solid waste disposal site for structural fill is prohibited when the structural fill is not fully encapsulated. 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.
…."
SECTION 3.  G.S. 130A‑295.8(c) reads as rewritten:
"(c)	An applicant for a permit shall pay an application fee upon submission of an application according to the following schedule:
…
(37)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting less than 100,000 tons/year of combustion products, New Permit – $25,000.
(38)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting less than 100,000 tons/year of combustion products, Amendment – $15,000.
(39)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting less than 100,000 tons/year of combustion products, Modification – $1,500.
(40)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting 100,000 tons/year or more of combustion products, New Permit – $50,000.
(41)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting 100,000 tons/year or more of combustion products, Amendment – $30,000.
(42)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a), accepting 100,000 tons/year or more of combustion products, Modification – $3,000."
SECTION 4.  G.S. 130A‑295.8(d) reads as rewritten:
"(d)	A permitted solid waste management facility shall pay an annual permit fee on or before 1 August of each year according to the following schedule:
…
(13)	Disposal Site for Reuse of Combustion Products or for Structural Fill consistent with G.S. 130A‑294(a) – $3,500."
SECTION 5.  This act becomes effective January 1, 2011, and applies to combustion products that are reused or disposed of on or after that date.