reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.16 - Public education program regarding used oil collection and recycling.

§ 130A-309.16. Public education program regarding used oil collection and recycling.
The Department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and shall:
(1) Encourage persons who annually sell at retail, in containers for use off the premises, more than 500 gallons of oil to provide the purchasers with information on the locations of collection facilities and information on proper disposal practices.
(2) Establish, maintain, and publicize a used oil information center that disperses materials or information explaining local, State, and federal laws and rules governing used oil and informing the public of places and methods for proper disposal of used oil.
(3) Encourage the voluntary establishment of used oil collection and recycling programs and provide technical assistance to persons who organize such programs.
(4) Encourage the procurement of recycled automotive, industrial, and fuel oils and oils blended with recycled oils for all State and local government uses. Recycled oils procured under this section shall meet equipment manufacturer's specifications. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.18 - Regulation of used oil as hazardous waste.

§ 130A-309.18. Regulation of used oil as hazardous waste.
Nothing in this Part shall prohibit the Department from regulating used oil as a hazardous waste in a manner consistent with applicable federal law and this Article. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.19 - Coordination with other State agencies.

§ 130A-309.19. Coordination with other State agencies.
The Department of Transportation shall study the feasibility of using recycled oil products in road construction activities and shall report to the President Pro Tempore of the Senate and the Speaker of the House of Representatives annually, beginning 1 January 1991, on the results of its study. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.20 - Public used oil collection centers.

§ 130A-309.20. Public used oil collection centers.
(a) The Department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such programs.
(b) All State agencies and businesses that change motor oil for the public are encouraged to serve as public used oil collection centers.
(c) A public used oil collection center must:
(1) Notify the Department annually that it is accepting used oil from the public; and
(2) Annually report quantities of used oil collected from the public.
(d) No person may recover from the owner or operator of a used oil collection center any costs of response actions resulting from a release of either used oil or a hazardous substance against the owner or operator of a used oil collection center if such used oil is:
(1) Not mixed with any hazardous substance by the owner or operator of the used oil collection center;
(2) Not knowingly accepted with any hazardous substances contained therein;
(3) Transported from the used oil collection center by a certified transporter pursuant to G.S. 130A-309.23; and
(4) Stored in a used oil collection center that is in compliance with this section.
(e) Subsection (d) of this section applies only to that portion of the public used oil collection center used for the collection of used oil and does not apply if the owner or operator is grossly negligent in the operation of the public used oil collection center. Nothing in this section shall affect or modify in any way the obligations or liability of any person under any other provisions of State or federal law, including common law, for injury or damage resulting from a release of used oil or hazardous substances. For purposes of this section, the owner or operator of a used oil collection center may presume that a quantity of no more than five gallons of used oil accepted from any member of the public is not mixed with a hazardous substance, provided that the owner or operator acts in good faith. (1989, c. 784, s. 2)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.21 - Incentives program.

§ 130A-309.21. Incentives program.
(a) The Department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil to a used oil collection center.
(b) The incentives used by the Department may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the Department determines will promote collection, reuse, or proper disposal of used oil.
(c) The Department may contract with a promotion company to administer the incentives program. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.22 - Grants to local governments.

§ 130A-309.22. Grants to local governments.
(a) The Department shall develop a grants program for units of local government to encourage the collection, reuse, and proper disposal of used oil. No grant may be made for any project unless the project is approved by the Department.
(b) The Department shall consider for grant assistance any unit of local government project that uses one or more of the following programs or any activity that the Department feels will reduce the improper disposal and reuse of used oil:
(1) Curbside pickup of used oil containers by a unit of local government or its designee.
(2) Retrofitting of solid waste equipment to promote curbside pickup or disposal of used oil at used oil collection centers designated by the unit of local government.
(3) Establishment of publicly operated used oil collection centers at landfills or other public places.
(4) Providing containers and other materials and supplies that the public can utilize in an environmentally sound manner to store used oil for pickup or return to a used oil collection center.
(5) Providing incentives for the establishment of privately operated public used oil collection centers.
(c) Eligible projects shall be funded according to provisions established by the Department; however, no grant may exceed twenty-five thousand dollars ($25,000).
(d) The Department shall initiate rule making on or before 1 January 1991, necessary to carry out the purposes of this section. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.23 - Certification of used oil transporters.

§ 130A-309.23. Certification of used oil transporters.
(a) Any person who transports over public highways after 1 January 1992, more than 500 gallons of used oil in any week must be a certified transporter or must be employed by a person who is a certified transporter.
(b) The Department of Transportation shall develop a certification program for transporters of used oil, and shall issue, deny, or revoke certifications authorizing the holder to transport used oil. Certification requirements shall help assure that a used oil transporter is familiar with appropriate rules and used oil management procedures.
(c) The Department of Transportation shall adopt rules governing certification, which shall include requirements for the following:
(1) Registration and annual reporting pursuant to G.S. 130A-309.17.
(2) Evidence of familiarity with applicable State laws and rules governing used oil transportation.
(3) Proof of liability insurance or other means of financial responsibility for any liability which may be incurred in the transport of used oil.
(4) Marking, by the certified transporter of used oil, of all vehicles which transport used oil or all containers of used oil when it is not feasible to mark the vehicle. The mark must clearly identify the certified used oil transporter and clearly indicate that the vehicle is used to transport used oil. The marking must be visible to others travelling on the highway. (1989, c. 784, s. 2; 1991, c. 488.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.24 - Permits for used oil recycling facilities.

§ 130A-309.24. Permits for used oil recycling facilities.
(a) Each person who intends to operate, modify, or close a used oil recycling facility shall obtain an operation or closure permit from the Department prior to operating, modifying, or closing the facility.
(b) By 1 January 1992, the Department shall develop a permitting system for used oil recycling facilities after reviewing and considering the applicability of the permit system for hazardous waste treatment, storage, or disposal facilities.
(c) Permits shall not be required under this section for the burning of used oil as a fuel, provided:
(1) A valid air permit issued by the Department is in effect for the facility; and
(2) The facility burns used oil in accordance with applicable United States Environmental Protection Agency regulations, local government regulations, and the requirements and conditions of its air permit.
(d) No permit is required under this section for the use of used oil for the beneficiation or flotation of phosphate rock. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.25 - Training of operators of solid waste management facilities.

§ 130A-309.25. Training of operators of solid waste management facilities.
(a) The Department shall establish qualifications for, and encourage the development of training programs for, operators of incinerators, operators of landfills, coordinators of local recycling programs, and other solid waste management facilities.
(b) The Department shall work with accredited community colleges, vocational technical centers, State universities, and private institutions in developing educational materials, courses of study, and other such information to be made available for persons seeking to be trained as operators of solid waste management facilities.
(c) A person may not perform the duties of an operator of a solid waste management facility after 1 January 1998, unless he has completed an operator training course approved by the Department. An owner of a solid waste management facility may not employ any person to perform the duties of an operator unless the person has completed an approved solid waste management facility operator training course.
(d) The Commission may adopt rules and minimum standards to effectuate the provisions of this section and to ensure the safe, healthy, and lawful operation of solid waste management facilities. The Commission may establish, by rule, various classifications for operators to address the need for differing levels of training required to operate various types of solid waste management facilities due to different operating requirements at the facilities.
(e) In developing training programs for incinerator operators under this section, the Department shall establish and consult with ad hoc advisory groups to help coordinate the requirements under this section with other training programs for incinerator operators.
(f) This section does not apply to any operator of a solid waste management facility who has five years continuous experience as an operator of a solid waste management facility immediately preceding January 1, 1998, provided that the operator attends a course and completes the continuing education requirements approved by the Department. (1989, c. 784, s. 2; 1993, c. 29, s. 1; 1995 (Reg. Sess., 1996), c. 594, s. 19; 1997-443, s. 15.49(a).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.26 - Regulation of medical waste.

§ 130A-309.26. Regulation of medical waste.
(a) As used in this section:
(1) "Sharps" means needles, syringes, and scalpel blades.
(2) "Treatment" means any process, including steam sterilization, chemical treatment, incineration, and other methods approved by the Commission which changes the character or composition of medical waste so as to render it noninfectious.
(b) It is the intent of the General Assembly to protect the public health by establishing standards for the safe packaging, storage, treatment, and disposal of medical waste. The Commission shall adopt and the Department shall enforce rules for the packaging, storage, treatment, and disposal of:
(1) Medical waste at facilities where medical waste is generated;
(2) Medical waste from the point at which the waste is transported from the facility where it was generated;
(3) On-site and off-site treatment of medical waste; and
(4) The off-site transport, storage, treatment or disposal of medical waste.
(c) No later than 1 August 1990, the Commission shall adopt rules necessary to protect the health, safety, and welfare of the public and to carry out the purpose of this section. Such rules shall address, but need not be limited to, the packaging of medical waste, including specific requirements for the safe packaging of sharps and the segregation, storage, treatment, and disposal of medical wastes at the facilities in which such waste is generated. (1989, c. 784, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 20.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.27 - Joint and several liability.

§ 130A-309.27. Joint and several liability.
(a) As used in this section:
(1) "Owner or operator" means, in addition to the usual meanings of the term, any owner of record of any interest in land on which a landfill is or has been sited, any person or business entity that owns a majority interest in any other business entity which is the owner or operator of a landfill, and any person designated as a joint permittee pursuant to G.S. 130A-295.2(e).
(2) "Proceeds" means all funds collected and received by the Department, including interest and penalties on delinquent fees.
(b) Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law.
(c) through (f) Repealed by Session Laws 2007-550, s. 5(b), effective August 1, 2007. (1989, c. 784, s. 2; 2007-550, s. 5(b).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.28 - University research.

§ 130A-309.28. University research.
Research, training, and service activities related to solid and hazardous waste management conducted by The University of North Carolina shall be coordinated by the Board of Governors of The University of North Carolina through the Office of the President. Proposals for research contracts and grants; public service assignments; and responses to requests for information and technical assistance by the State and units of local government, business, and industry shall be addressed by a formal process involving an advisory board of university personnel appointed by the President and chaired and directed by an individual appointed by the President. The Board of Governors of The University of North Carolina shall consult with the Department in developing the research programs and provide the Department with a copy of the proposed research program for review and comment before the research is undertaken. Research contracts shall be awarded to independent nonprofit colleges and universities within the State which are accredited by the Southern Association of Colleges and Schools on the same basis as those research contracts awarded to The University of North Carolina. Research activities shall include the following areas:
(1) Methods and processes for recycling solid and hazardous waste;
(2) Methods of treatment for detoxifying hazardous waste; and
(3) Technologies for disposing of solid and hazardous waste. (1989, c. 784, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.29 - Adoption of rules.

§ 130A-309.29. Adoption of rules.
The Commission may adopt rules to implement the provisions of this Part pursuant to Article 2A of Chapter 150B of the General Statutes. (1991, c. 621, s. 12; 2000-189, s. 12.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.52 - Findings; purpose.

§ 130A-309.52. Findings; purpose.
(a) The General Assembly finds that:
(1) Scrap tire disposal poses a unique and troublesome solid waste management problem.
(2) Scrap tires are a usable resource that may be recycled for energy value.
(3) Uncontrolled disposal of scrap tires may create a public health and safety problem because tire piles act as breeding sites for mosquitoes and other disease-transmitting vectors, pose substantial fire hazards, and present a difficult disposal problem for landfills.
(4) A significant number of scrap tires are illegally dumped in North Carolina.
(5) It is in the State's best interest to encourage efforts to recycle or recover resources from scrap tires.
(6) It is desirable to allow units of local government to control tire disposal for themselves and to encourage multicounty, regional approaches to scrap tire disposal and collection.
(7) It is desirable to encourage reduction in the volume of scrap tires being disposed of at public sanitary landfills.
(b) The purpose of this Part is to provide statewide guidelines and structure for the environmentally safe disposal of scrap tires to be administered through units of local government. (1989, c. 784, s. 3.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.53 - Definitions.

§ 130A-309.53. Definitions.
Unless a different meaning is required by the context, the following definitions shall apply throughout this Part:
(1) "Collection site" means a site used for the storage of scrap tires.
(2) "Disposal fee" is any amount charged by a tire collector, tire processor, or unit of local government in exchange for accepting scrap tires.
(3) "In-county scrap tire" means any scrap tire brought for disposal from inside the county in which the collection or processing site is located.
(4) "Out-of-county scrap tire" means any scrap tire brought for disposal from outside the county in which the collection or processing site is located.
(5) "Processing site" means a site actively used to produce or manufacture usable materials, including fuel, from scrap tires. Commercial enterprises processing scrap tires shall not be considered solid waste management facilities insofar as the provisions of G.S. 130A-294(a)(4) and G.S. 130A-294(b) are concerned.
(6) "Scrap tire" means a tire that is no longer suitable for its original, intended purpose because of wear, damage, or defect.
(7) "Tire" means a continuous solid or pneumatic rubber covering that encircles the wheel of a vehicle. Bicycle tires and other tires for vehicles propelled by human power are not subject to the provisions of this Part.
(8) "Tire collector" means a person who owns or operates a site used for the storage, collection, or deposit of more than 50 scrap tires.
(9) "Tire hauler" means a person engaged in the picking up or transporting of scrap tires for the purpose of storage, processing, or disposal.
(10) "Tire processor" means a person who engages in the processing of scrap tires or one who owns or operates a tire processing site.
(11) "Tire retailer" means a person who engages in the retail sale of a tire in any quantity for any use or purpose by the purchaser other than for resale. (1989, c. 784, s. 3; 1991, c. 221, s. 2; 1995 (Reg. Sess., 1996), c. 594, s. 21.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.54 - Use of scrap tire tax proceeds.

§ 130A-309.54. Use of scrap tire tax proceeds.
Article 5B of Chapter 105 imposes a tax on new tires to provide funds for the disposal of scrap tires, for the cleanup of inactive hazardous waste sites under Part 3 of this Article, and for all the purposes for which the Bernard Allen Memorial Emergency Drinking Water Fund may be used under G.S. 87-98. A county may use proceeds of the tax distributed to it under that Article only for the disposal of scrap tires pursuant to the provisions of this Part or for the abatement of a nuisance pursuant to G.S. 130A-309.60. (1989, c. 784, s. 3; 1991, c. 221, s. 3; 1993, c. 364, s. 1(a); 2009-451, s. 13.3B(b).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.57 - Scrap tire disposal program.

§ 130A-309.57. Scrap tire disposal program.
(a) The owner or operator of any scrap tire collection site shall, within six months after October 1, 1989, provide the Department with information concerning the site's location, size, and the approximate number of scrap tires that are accumulated at the site and shall initiate steps to comply with subsection (b) of this section.
(b) On or after July 1, 1990:
(1) A person may not maintain a scrap tire collection site or a scrap tire disposal site unless the site is permitted.
(2) It is unlawful for any person to dispose of scrap tires in the State unless the scrap tires are disposed of at a scrap tire collection site or at a tire disposal site, or disposed of for processing at a scrap tire processing facility.
(c) The Commission shall adopt rules to carry out the provisions of this section. Such rules shall:
(1) Provide for the administration of scrap tire collector and collection center permits and scrap tire disposal site permits, which may not exceed two hundred fifty dollars ($250.00) annually.
(2) Set standards for scrap tire processing facilities and associated scrap tire sites, scrap tire collection centers, and scrap tire collectors.
(3) Authorize the final disposal of scrap tires at a permitted solid waste disposal facility provided the tires have been cut into sufficiently small parts to assure their proper disposal.
(4) Repealed by Session Laws 2013-413, s. 18. For effective date, see Editor's note.
(d) A permit is not required for:
(1) A tire retreading business where fewer than 1,000 scrap tires are kept on the business premises;
(2) A business that, in the ordinary course of business, removes tires from motor vehicles if fewer than 1,000 of these tires are kept on the business premises; or
(3) A retail tire-selling business which is serving as a scrap tire collection center if fewer than 1,000 scrap tires are kept on the business premises.
(e) The Department shall encourage the voluntary establishment of scrap tire collection centers at retail tire-selling businesses, scrap tire processing facilities, and solid waste disposal facilities, to be open to the public for the deposit of used and scrap tires. The Department may establish an incentives program for individuals to encourage them to return their used or scrap tires to a scrap tire collection center.
(f) Permitted scrap tire collectors may not contract with a scrap tire processing facility, unless the processing facility documents that it has access to a facility permitted to receive the scrap tires. (1989, c. 784, s. 3; 2012-200, s. 14(a); 2013-413, s. 18.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.59 - Registration of tire haulers.

§ 130A-309.59. Registration of tire haulers.
(a) Before engaging in the hauling of scrap tires in this State, any tire hauler must register with the Department whereupon the Department shall issue to the tire hauler a scrap tire hauling identification number. A tire retailer licensed under G.S. 105-164.29 and solely engaged in the hauling of scrap tires received by it in connection with the retail sale of replacement tires is not required to register under this section.
(b) Each tire hauler shall furnish its hauling identification number on all certification forms required under G.S. 130A-309.58(f). Any tire retailer engaged in the hauling of scrap tires and not required by subsection (a) of this section to be registered shall supply its merchant identification number on all certification forms required by G.S. 130A-309.58(f). (1989, c. 784, s. 3.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.61 - Effect on local ordinances.

§ 130A-309.61. Effect on local ordinances.
This Part preempts any local ordinance regarding the disposal of scrap tires to the extent the local ordinance is inconsistent with this Part or the rules adopted pursuant to this Part. (1989, c. 784, s. 3; 1993, c. 548, s. 5; 1997-209, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.62 - Fines and penalties.

§ 130A-309.62. Fines and penalties.
Any person who knowingly hauls or disposes of a tire in violation of this Part or the rules adopted pursuant to this Part shall be assessed a civil penalty of fifty dollars ($50.00) per violation. Each tire hauled or disposed of in violation of this Part or rules adopted pursuant to this Part constitutes a separate violation.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1989, c. 784, s. 3; 1998-215, s. 55.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.64 - Scrap Tire Disposal Program; other Department activities related to scrap tires.

§ 130A-309.64. Scrap Tire Disposal Program; other Department activities related to scrap tires.
(a) The Department may make grants to units of local government to assist them in disposing of scrap tires. To administer the grants, the Department shall establish procedures for applying for a grant and the criteria for selecting among grant applicants. The criteria shall include the financial ability of a unit of local government to provide for scrap tire disposal, the severity of a unit of local government's scrap tire disposal problem, the effort made by a unit of local government to ensure that only tires generated in the normal course of business in this State are provided free disposal, and the effort made by a unit of local government to provide for scrap tire disposal within the resources available to it.
(b) A unit of local government is not eligible for a grant under subsection (a) of this section unless its costs for disposing of scrap tires for the six-month period preceding the date the unit of local government files an application for a grant exceeded the amount the unit of local government received during that period from the proceeds of the scrap tire tax under G.S. 105-187.19. A grant to a unit of local government for scrap tire disposal may not exceed the unit of local government's unreimbursed cost for the six-month period.
(c) The Department may support a position to provide local governments with assistance in developing and implementing scrap tire management programs designed to complete the cleanup of nuisance tire collection sites and prevent scrap tires generated from outside of the State from being presented for free disposal in the State.
(d) The Department may clean up scrap tire collection sites that the Department has determined are a nuisance. The Department may use funds to clean up a nuisance tire collection site only if no other funds are available for that purpose.
(e) The Department shall include in the report to be delivered to the Environmental Review Commission pursuant to G.S. 130A-309.06(c) a description of the implementation of the North Carolina Scrap Tire Disposal Act under this Part for the fiscal year ending the preceding June 30. The description of the implementation of the North Carolina Scrap Tire Disposal Act shall include a list of the recipients of grants under subsection (a) of this section and the amount of each grant for the previous 12-month period. The report also shall include the amount of funds used to clean up nuisance sites under subsection (d) of this section.
(f) It is the intent of the General Assembly to allow the Department to satisfy grant obligations that extend beyond the end of the fiscal year.
(g) The Department may adopt any rules necessary to implement this section. (2013-360, s. 14.16(c); 2020-74, s. 11(d); 2020-78, s. 7.2(d).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.70 - Landfilling and incineration of lead-acid batteries prohibited; delivery for recycling.

§ 130A-309.70. Landfilling and incineration of lead-acid batteries prohibited; delivery for recycling.
(a) No person shall knowingly place or dispose of a used lead-acid battery in a landfill, incinerator, or in any waste-to-energy facility. Any person may deliver a lead-acid battery to a battery retailer or wholesaler, or to a secondary lead smelter, or to a collection or recycling facility authorized under this Chapter or by the United States Environmental Protection Agency.
(b) No battery retailer shall knowingly place or dispose of a used lead-acid battery in a landfill, incinerator, or waste-to-energy facility. Any battery retailer may deliver a used lead-acid battery to the agent of a battery wholesaler or a secondary lead smelter, to a battery manufacturer for delivery to a secondary lead smelter, or to a collection or recycling facility authorized under this Chapter or by the United States Environmental Protection Agency.
(c) Any person who knowingly places or disposes of a lead-acid battery in violation of this section shall be assessed a civil penalty of not more than fifty dollars ($50.00) per violation. Each battery improperly disposed of shall constitute a separate violation.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1991, c. 375, s. 2; 1998-215, s. 56.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.71 - Retailers required to accept lead-acid batteries for recycling; posting of notice required.

§ 130A-309.71. Retailers required to accept lead-acid batteries for recycling; posting of notice required.
(a) A person who sells or offers for sale lead-acid batteries at retail in this State shall accept from customers, at the point of transfer or sale, used lead-acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers.
(b) A person who sells or offers for sale lead-acid batteries at retail in this State shall post written notice which must be at least 8 1/2 inches by 11 inches in size and must contain the universal recycling symbol and the following language:
(1) "It is illegal to improperly dispose of a motor vehicle battery or other lead-acid battery."
(2) "Recycle your used batteries."
(3) "State law requires us to accept used motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased."
(c) Any person who fails to post the notice required by subsection (b) of this section after receiving a written warning from the Department to do so shall be assessed a civil penalty of not more than fifty dollars ($50.00) per day for each day the person fails to post the required notice.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1991, c. 375, s. 2; 1998-215, s. 57.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.72 - Wholesalers required to accept lead-acid batteries.

§ 130A-309.72. Wholesalers required to accept lead-acid batteries.
(a) No person selling new lead-acid batteries at wholesale shall refuse to accept from customers at the point of transfer, used lead-acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A person accepting batteries in transfer from a battery retailer shall be allowed a period not to exceed 90 days to remove batteries from the retail point of collection.
(b) Any person who violates this section shall be assessed a civil penalty of fifty dollars ($50.00) per violation. Each battery refused by a wholesaler or not removed from the retail point of collection within 90 days shall constitute a separate violation.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1991, c. 375, s. 2; 1998-215, s. 58.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.73 - Inspections of battery retailers authorized; construction of this Part.

§ 130A-309.73. Inspections of battery retailers authorized; construction of this Part.
(a) The Department may inspect any place, building, or premise subject to the provisions of G.S. 130A-309.71. The Department may issue warnings to persons who fail to comply with the provisions of this Part.
(b) The provisions of this Part shall not be construed to prohibit any person who does not sell lead-acid batteries from collecting and recycling such batteries. (1991, c. 375, s. 2.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.80 - Findings and purpose.

§ 130A-309.80. Findings and purpose.
The General Assembly finds that white goods are difficult to dispose of, that white goods that contain chlorofluorocarbon refrigerants pose a danger to the environment, and that it is in the best interest of the State to require that chlorofluorocarbon refrigerants be removed from discarded white goods. This Part therefore provides for the management of discarded white goods. (1993, c. 471, s. 4.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.81 - Management of discarded white goods; disposal fee prohibited.

§ 130A-309.81. Management of discarded white goods; disposal fee prohibited.
(a) Duty. – Each county is responsible for providing at least one site for the collection of discarded white goods. It must also provide for the disposal of discarded white goods and for the removal of chlorofluorocarbon refrigerants from white goods. A county may contract with another unit of local government or a private entity in accordance with Article 15 of Chapter 153A of the General Statutes to provide for the management of discarded white goods or for the removal of chlorofluorocarbon refrigerants from white goods.
(b) Restrictions. – A unit of local government or a contracting party may not charge a disposal fee for the disposal of white goods. A white good may not be disposed of in a landfill, an incinerator, or a waste-to-energy facility.
(c) Plan. – Each county shall establish written procedures for the management of white goods. These procedures shall be included in the annual report required under G.S. 130A-309.09A. (1993, c. 471, ss. 4, 6; 1993 (Reg. Sess., 1994), c. 745, ss. 36, 37; 2001-265, s. 6; 2013-409, s. 5.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.82 - Use of disposal tax proceeds by counties.

§ 130A-309.82. Use of disposal tax proceeds by counties.
Article 5C of Chapter 105 of the General Statutes imposes a tax on new white goods to provide funds for the management of discarded white goods. A county must use the proceeds of the tax distributed to it under that Article for the management of discarded white goods. The purposes for which a county may use the tax proceeds include, but are not limited to, the following:
(1) Capital improvements for infrastructure to manage discarded white goods, such as concrete pads for loading, equipment essential for moving white goods, storage sheds for equipment essential to white goods disposal management, and freon extraction equipment.
(2) Operating costs associated with managing discarded white goods, such as labor, transportation, and freon extraction.
(3) The cleanup of illegal white goods disposal sites, the cleanup of illegal disposal sites consisting of more than fifty percent (50%) discarded white goods, and, as to those illegal disposal sites consisting of fifty percent (50%) or less discarded white goods, the cleanup of the discarded white goods portion of the illegal disposal sites.
Except as provided in subdivision (3) of this section, a county may not use the tax proceeds for a capital improvement or operating expense that does not directly relate to the management of discarded white goods. Except as provided in subdivision (3) of this section, if a capital improvement or operating expense is partially related to the management of discarded white goods, a county may use the tax proceeds to finance a percentage of the costs equal to the percentage of the use of the improvement or expense directly related to the management of discarded white goods. (1993, c. 471, s. 4; 1998-24, ss. 4, 7; 2000-109, s. 9(a); 2001-265, s. 5.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.84 - Civil penalties for improper disposal.

§ 130A-309.84. Civil penalties for improper disposal.
The Department may assess a civil penalty of not more than one hundred dollars ($100.00) against a person who, knowing it is unlawful, places or otherwise disposes of a discarded white good in a landfill, an incinerator, or a waste-to-energy facility. The Department may assess this penalty for the day the unlawful disposal occurs and each following day until the white good is disposed of properly.
The Department may assess a penalty of up to one hundred dollars ($100.00) against a person who, knowing it is required, fails to remove chlorofluorocarbon refrigerants from a discarded white good. The Department may assess this penalty for the day the failure occurs and each following day until the chlorofluorocarbon refrigerants are removed.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1993, c. 471, s. 4; 1998-215, s. 59.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.85 - Reporting on the management of white goods.

§ 130A-309.85. Reporting on the management of white goods.
The Department shall include in the report to be delivered to the Environmental Review Commission pursuant to G.S. 130A-309.06(c) a description of the management of white goods in the State for the fiscal year ending the preceding 30 June. The description of the management of white goods shall include the following information:
(1) The amount of taxes collected and distributed under G.S. 105-187.24 during the period covered by the report.
(2) The cost to each county of managing white goods during the period covered by the report.
(3) Repealed by Session Laws 2013-360, s. 14.17(f), effective June 20, 2017.
(4) Any other information the Department considers helpful in understanding the problem of managing white goods.
(5) A summary of the information concerning the counties' white goods management programs contained in the counties' Annual Financial Information Report. (1993, c. 471, s. 4; 1995 (Reg. Sess., 1996), c. 594, s. 25; 1998-24, ss. 5, 7; 2000-109, s. 9(a); 2001-265, s. 5; 2001-452, s. 3.5; 2013-360, s. 14.17(f); 2020-74, s. 11(e); 2020-78, s. 7.2(e).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.86 - Effect on local ordinances.

§ 130A-309.86. Effect on local ordinances.
This Part preempts any local ordinance regarding the management of white goods that is inconsistent with this Part or the rules adopted pursuant to this Part. It does not preempt any local ordinance regarding the management of white goods that is consistent with this Part or rules adopted pursuant to this Part. (1993, c. 471, s. 4.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.87 - Eligibility for disposal tax proceeds.

§ 130A-309.87. Eligibility for disposal tax proceeds.
(a) Receipt of Funds. – A county may not receive a quarterly distribution of the white goods disposal tax proceeds under G.S. 105-187.24 unless the undesignated balance in the county's white goods account at the end of its fiscal year is less than the threshold amount. Based upon the information in a county's Annual Financial Information Report, the Department must notify the Department of Revenue by March 1 of each year which counties may not receive a distribution of the white goods disposal tax for the current calendar year. The Department of Revenue will credit the undistributed tax proceeds to the General Fund.
If the undesignated balance in a county's white goods account subsequently falls below the threshold amount, the county may submit a statement to the Department, certified by the county finance officer, that the undesignated balance in its white goods account is less than the threshold amount. Upon receipt of the statement, the Department will notify the Department of Revenue to distribute to the county its quarterly distribution of the white goods disposal tax proceeds. The Department must notify the Department of Revenue of the county's change of status at least 30 days prior to the next quarterly distribution.
For the purposes of this subsection, the term "threshold amount" means twenty-five percent (25%) of the amount of white goods disposal tax proceeds a county received, or would have received if it had been eligible to receive them under G.S. 130A-309.87, during the preceding fiscal year.
(b) Annual Financial Information Report. – On or before November 1 of each year, a county must submit a copy of its Annual Financial Information Report, prepared in accordance with G.S. 159-33.1, to the Department. The Secretary of the Local Government Commission must require the following information in that report:
(1) The tonnage of white goods scrap metal collected.
(2) The amount of revenue credited to its white goods account. This revenue should include all receipts derived from the white goods disposal tax, and the sale of white goods scrap metals and freon.
(3) The expenditures from its white goods account. The expenditures should include operating expenses and capital improvement costs associated with its white goods management program.
(4) The designated and undesignated balance of its white goods account.
(5) A comparison of the undesignated balance of its white goods account at the end of the fiscal year and the amount of white goods disposal tax proceeds it received, or would have received if it had been eligible to receive it under G.S. 130A-309.87, during the fiscal year. (1998-24, s. 6; 2013-360, s. 14.17(c), (g).)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.111 - (Expired) Purpose.

§ 130A-309.111. (Expired) Purpose.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.112 - (Expired) Definitions.

§ 130A-309.112. (Expired) Definitions.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.113 - (Expired) Management of abandoned manufactured homes.

§ 130A-309.113. (Expired) Management of abandoned manufactured homes.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1; 2013-409, s. 6.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.114 - (Expired) Process for the disposal of abandoned manufactured homes.

§ 130A-309.114. (Expired) Process for the disposal of abandoned manufactured homes.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.115 - (Expired) Grants to local governments.

§ 130A-309.115. (Expired) Grants to local governments.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.116 - (Expired) Authority to adopt ordinances.

§ 130A-309.116. (Expired) Authority to adopt ordinances.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.117 - (Expired) Reporting on the management of abandoned manufactured homes.

§ 130A-309.117. (Expired) Reporting on the management of abandoned manufactured homes.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1.)
2023 North Carolina General Statutes › Chapter 130A - Public Health › Article 9 - Solid Waste Management. › § 130A-309.118 - (Expired) Effect on local ordinances.

§ 130A-309.118. (Expired) Effect on local ordinances.
Expired pursuant to Session Laws 2008-136, s. 6, effective October 1, 2023. (2008-136, s. 1; 2022-62, s. 21.)