NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 899
SENATE BILL 714
AN ACT RELATING TO THE PLANNING, DEVELOPMENT AND CONDUCT OF SOLID WASTE DISPOSAL PROGRAMS.
The General Assembly of North Carolina do enact:
Section 1. Chapter 130 of the General Statutes of North Carolina is hereby amended by inserting a new article, to be designated as Article 13B, and to read as follows:
"Article 13B.
"Solid Waste Disposal.
"Sec. 130-166.16. Definitions. The following definitions shall apply in the enforcement and interpretation of this Article:
"(1) "Garbage" - all putrescible wastes, including animal and vegetable matter, animal offal and carcasses, and recognizable industrial by-products, but excluding sewage and human wastes.
"(2) "Refuse" - all non-putrescible wastes.
"(3) "Solid waste" - garbage, refuse, rubbish, trash, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows or other common water pollutants.
"(4) "Solid waste disposal" - the collection, storage, treatment, utilization, processing, or final disposal of solid waste.
"(5) "Solid waste disposal facility" - land, personnel, equipment or other resources used in the disposal of solid wastes.
"(6) "Solid waste disposal site" - any place at which solid wastes are disposed of by incineration, sanitary landfill or any other methods.
"Sec. 130-166.17. Solid waste unit in State Board of Health. For the purpose of promoting and preserving an environment that is conducive to public health and welfare, and preventing the creating of nuisances, the State Board of Health shall maintain an appropriate administrative unit to promote sanitary disposal of solid waste and the Board shall employ and retain such qualified personnel as may be necessary.
"Sec. 130-166.18. Solid waste disposal program. The State Board of Health is authorized and directed to engage in research, conduct investigations and surveys, make inspections, and to establish a statewide solid waste disposal program. In establishing a program, the Board shall have authority to:
"(a) Provide standards for the establishment, location, operation, maintenance, use and discontinuance of solid waste disposal sites and facilities. Such standards shall be designed to accomplish the maintenance of safe and sanitary conditions in and around solid waste disposal sites and facilities, and shall be based on recognized public health practices and procedures, sanitary engineering research and studies, and current technological development in equipment and methods. Such standards shall not apply to the disposal of solid waste accumulated by an individual or individual family or household unit and disposed of on his own property.
"(b) Develop a comprehensive program for implementation of safe and sanitary practices for disposal of solid waste throughout the State.
"(c) Advise, consult, cooperate, and contract with other agencies and units of State and local governments, the federal government, and industries and individuals in the formulation and carrying out of a solid waste disposal program.
"Sec. 130-166.19. Receipt and distribution of funds. The Board may accept loans and grants from the federal government and other sources for carrying out the purpose of this Article, and shall adopt reasonable policies governing the administration and distribution of such funds to county and municipal governing bodies and agencies, other State agencies, and private agencies, institutions or individuals, for studies, investigations, demonstrations, surveys, planning, training, and construction or establishment of solid waste disposal facilities.
"Sec. 130-166.20. Single agency designation. The State Board of Health is hereby designated as the single agency for the State for the purposes of the Federal Solid Wastes Disposal Act (PL 89-272) and for the purpose of such other State or federal legislation as has or may be hereafter enacted to assist in the proper disposal of solid waste."
Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.
Sec. 3. This Act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 17th day of June, 1969.