§ 130A-309.09C. Additional powers of local governments; construction of this Part; effect of noncompliance. - North Carolina Statutes

§130A‑309.09C.  Additional powers of local governments; construction ofthis Part; effect of noncompliance.

(a)        To effect thepurposes of this Part, counties and municipalities are authorized, in additionto other powers granted pursuant to this Part:

(1)        To contract withpersons to provide resource recovery services or operate resource recoveryfacilities on behalf of the county or municipality.

(2)        To indemnify personsproviding resource recovery services or operating resource recovery facilitiesfor liabilities or claims arising out of the provision or operation of suchservices or facilities that are not the result of the sole negligence of thepersons providing the services or operating the facilities.

(3)        To contract withpersons to provide solid waste disposal services or operate solid wastedisposal facilities on behalf of the county or municipality.

(b)        A county ormunicipality may enter into a written agreement with other persons, includingpersons transporting solid waste, to undertake to fulfill some or all of thecounty's or municipality's responsibilities under this Part.

(c)        Nothing in thisPart shall be construed to prevent the governing board of any county ormunicipality from providing by ordinance or regulation for solid wastemanagement standards which are stricter or more extensive than those imposed bythe State solid waste management program and rules and orders issued toimplement the State program.

(d)        Nothing in thisPart or in any rule adopted by any agency shall be construed to require anycounty or municipality to participate in any regional solid waste managementuntil the governing board of the county or municipality has determined thatparticipation in such a program is economically feasible for that county ormunicipality. Nothing in this Part or in any special or local act or in anyrule adopted by any agency shall be construed to limit the authority of amunicipality to regulate the disposal of solid waste located within itsboundaries or generated within its boundaries so long as a facility for anysuch disposal has been approved by the Department, unless the municipality isincluded within a solid waste management program created under a joint agencyor special or local act. If bonds had been issued to finance a solid waste managementprogram in reliance on State law granting to a unit of local government, aregion, or a special district the responsibility for the solid waste managementprogram, nothing herein shall permit any governmental agency to withdraw fromthe program if the agency's participation is necessary for the financialfeasibility of the project, so long as the bonds are outstanding.

(e)        Nothing in thisPart or in any rule adopted by any State agency pursuant to this Part shallrequire any person to subscribe to any private solid waste collection service.

(f)         In the event aregion, special district, or other entity by special act or joint agency, hasbeen established to manage solid waste, any duty or responsibility or penaltyimposed under this Part on a unit of local government shall apply to suchregion, special district, or other entity to the extent of the grant of theduty or responsibility or imposition of such penalty.  To the same extent, suchregion, special district, or other entity shall be eligible for grants or otherbenefits provided pursuant to this Part.

(g)        In addition to anyother penalties provided by law, a unit of local government that does notcomply with the requirements of G.S. 130A‑309.09A(b) and G.S. 130A‑309.09B(a)shall not be eligible for grants from the Solid Waste Management Trust Fund,the Scrap Tire Disposal Account, or the White Goods Management Account andshall not receive the proceeds of the scrap tire disposal tax imposed byArticle 5B of Chapter 105 of the General Statutes or the proceeds of the whitegoods disposal tax imposed by Article 5C of Chapter 105 of the General Statutesto which the unit of local government would otherwise be entitled.  TheSecretary shall notify the Secretary of Revenue to withhold payment of these fundsto any unit of local government that fails to comply with the requirements ofG.S. 130A‑309.09A(b) and G.S. 130A‑309.09B(a). Proceeds of thescrap tire disposal tax that are withheld pursuant to this subsection shall becredited to the Scrap Tire Disposal Account and may be used as provided in G.S.130A‑309.63. Proceeds of the white goods disposal tax that are withheldpursuant to this subsection shall be credited to the White Goods ManagementAccount and may be used as provided in G.S. 130A‑309.83. (1989,c. 784, s. 2; 1989 (Reg. Sess., 1990), c. 1009, s. 4; 1991, c. 621, s. 9; 1995(Reg. Sess., 1996), c. 594, s. 15.)