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§ 160A-325. Selection or approval of sites for certain sanitary landfills; solid waste defined.

§ 160A‑325. Selection or approval of sites for certain sanitary landfills; solid wastedefined.

(a)        The governing board of a city shall consider alternativesites and socioeconomic and demographic data and shall hold a public hearingprior to selecting or approving a site for a new sanitary landfill thatreceives residential solid waste that is located within one mile of an existingsanitary landfill within the State. The distance between an existing and aproposed site shall be determined by measurement between the closest points onthe outer boundary of each site. The definitions set out in G.S. 130A‑290apply to this subsection. As used in this subsection:

(1)        "Approving a site" refers to prior approval of asite under G.S. 130A‑294(a)(4).

(2)        "Existing sanitary landfill" means a sanitarylandfill that is in operation or that has been in operation within the five‑yearperiod immediately prior to the date on which an application for a permit issubmitted.

(3)        "New sanitary landfill" means a sanitary landfillthat includes areas not within the legal description of an existing sanitarylandfill as set out in the permit for the existing sanitary landfill.

(4)        "Socioeconomic and demographic data" means themost recent socioeconomic and demographic data compiled by the United StatesBureau of the Census and any additional socioeconomic and demographic datasubmitted at the public hearing.

(b)        As used in this Part, "solid waste" meansnonhazardous solid waste, that is, solid waste as defined in G.S. 130A‑290but not including hazardous waste. (1991 (Reg. Sess., 1992), c. 1013, s. 3.)

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