§ 130A-291. Division of Waste Management. - North Carolina Statutes

Part 2.  Solid and HazardousWaste Management.

§ 130A‑291.  Division ofWaste Management.

(a)        For the purpose ofpromoting and preserving an environment that is conducive to public health andwelfare, and preventing the creation of nuisances and the depletion of ournatural resources, the Department shall maintain a Division of Waste Managementto promote sanitary processing, treatment, disposal, and statewide managementof solid waste and the greatest possible recycling and recovery of resources,and the Department shall employ and retain qualified personnel as may benecessary to effect such purposes.  It is the purpose and intent of the Stateto be and remain cognizant not only of its responsibility to authorize andestablish a statewide solid waste management program, but also of itsresponsibility to monitor and supervise, through the Department, the activitiesand operations of units of local government implementing a permitted solidwaste management facility serving a specified geographic area in accordancewith a solid waste management plan.

(b)        In furtherance ofthis purpose and intent, it is hereby determined and declared that it isnecessary for the health and welfare of the inhabitants of the State that solidwaste management facilities permitted hereunder and serving a specifiedgeographic area shall be used by public or private owners or occupants of alllands, buildings, and premises within the geographic area, and a unit of localgovernment may, by ordinance, require that all solid waste generated within thegeographic area and placed in the waste stream for disposal, shall be deliveredto the permitted solid waste management facility or facilities serving thegeographic area.  Actions taken pursuant to this Article shall be deemed to beacts of the sovereign power of the State of North Carolina, and to the extentreasonably necessary to achieve the purposes of this section, a unit of localgovernment may displace competition with public service for solid wastemanagement and disposal.  It is further determined and declared that no person,firm, corporation, association or entity within the geographic area shallengage in any activities which would be competitive with this purpose or withordinances, rules adopted pursuant to the authority granted herein. (1969,c. 899; 1973, c. 476, s. 128; 1975, c. 311, s. 3; 1977, 2nd Sess., c. 1216;1983, c. 795, ss. 2, 8.1; c. 891, s. 2; 1987, c. 574, s. 1; 1989, c. 727, s.144; 1989 (Reg. Sess., 1990), c. 1004, ss. 7, 8; 1995 (Reg. Sess., 1996), c.743, s. 4.)