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HomeMy WebLinkAboutAgenda - 06-06-1994 - VIII-O i 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ?ll-O ACTION AGENDA ITEM ABSTRACT Item No y Meeting Date: June 6, 1994 SUBJECT: Petition for Federal and State Solid Waste Flow Control Legislation ----------------------------------------------------------------------- DEPARTMENT Commissioners/Public Works PUBLIC HEARING YES NO X ---------------------------- --- --------------- ---- ------- ATTACHMENT(S) INFORMATION CONTACT Flow Control Resolution Don Willhoit, 962-5507 Wilbert McAdoo, ext 2625 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider- adopting a resolution urging the North Carolina General Assembly and the United States Congress to adopt legislation facilitating local government control of the flow of solid waste. BACKGROUND: The North Carolina Association of County Commissioners, in conjunction with a coalition of local government solid waste staff professionals, has encouraged county governing boards to consider adopting a resolution that would encourage the State and federal legislatures to enact legislation that will preserve the prerogative of local governments to regulate the flow of solid waste. Solid waste facilities, including landfills, are becoming increasingly more expensive and technologically advanced. To make such operations economically viable requires that local governments have the ability to direct solid waste to flow to these facilities. In that way, heavy upfront capital costs can be recouped through appropriate fees for service. The attached resolution would encourage the General Assembly and Congress to protect this important local government interest. RECOMMENDATION: Approve the attached resolution. 2 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION TO NORTH CAROLINA GENERAL ASSEMBLY REGARDING MUNICIPAL SOLID WASTE MANAGEMENT WHEREAS, the North Carolina General Assembly has found that : "Inefficient and improper methods of managing solid waste create hazards to public health, cause pollution of air and water resources, constitute a waste of natural resources, have an adverse effect on land values, and create public nuisances . ", NCGS 130A- 309 . 03. (a) ( 1) , and that "Problems of solid waste management have become a matter statewide in scope and necessitate State action to assist local governments in improving methods and processes to promote more efficient methods of solid waste collection and disposal . " NCGS 130A-309 . 03. (a) (2) , and WHEREAS, the General Assembly adopted the Solid Waste Management Act of 1989 to "Regulate. . .collection, transport. . .and disposal of solid waste in order to protect the public health, safety, and wel fare. . . for the people of this State. . . , " NCGS 130A- 309 . 03. (b) ( 1) , and to "Require counties and municipalities to adequately plan and provide efficient, environmentally acceptable solid waste management programs; and require counties to plan for proper hazardous waste management, " NCGS 130A-309 . (b) ( 3) , and WHEREAS, the General Assembly requires "Each county— shall . . .develop a comprehensive county solid waste management plan. . . , " NCGS 130A-309 .04 (o) , and WHEREAS, such plans must reflect the State' s "hierarchy of methods of managing solid waste, in descending order of preference : 1 . Waste volume reduction at the source; 2 . Recycling and reuse; 3 . Composting; 4 . Incineration with energy production; 5 . Incineration for volume reduction; b . Disposal in landfills . " NCGS 130A-309 . 04 (a) , and 3 WHEREAS, the validity and reliability of each such county solid waste management plan is directly dependent upon a county' s ability to direct and control the flow of solid waste within its designated area, and WHEREAS, the ability of counties and municipalities to minimize the financial risks for both parties to private service agreements is dependent upon the local government ' s ability to direct and control the flow of solid waste within its service area, and WHEREAS, the General Assembly has required that "The governing board of a designated local government shall provide for the operation of slid waste disposal facilities to meet the needs of all incorporated and unincorporated areas designated to be served by the facility, " NCGS 130A-309 . 09A(a) , and WHEREAS, the State requires the counties that own and/or operate solid waste landfills must demonstrate financial assurance that " . . .must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective actign for known releases will be available whenever they are peeded. " 15A NCAC 13B. 1628(b) ( 1 ) (D) (e) ( 1) , and WHEREAS, the State encourages "Counties and municipalities . . . to operate their solid waste management systems through the use of an enterprise fund. " NCGS 130A-08(b) , and WHEREAS, the generation of revenues sufficient to operate such State mandated disposal systems as enterprise funds is directly dependent upon the use of such systems by the transporters of solid waste, and WHEREAS, local governments are fundamentally dependent on their ability to control the flow of solid waste to market debt for solid waste management facilities, and WHEREAS, NCGS 130A-291(b) reflects a recognition by the General Assembly that local governments are fundamentally dependent on their ability to control the flow of solid waste^facilities they have planned, financed and operate pursuant to State mandate and, provides for such flow control, now, therefore, be it 4 RESOLVED, that Orange County Strongly urges the General Assembly to continue to provide for local government control of the flow of municipal solid waste and, be it FURTHER RESOLVED, that Orange County strongly urges the General Assembly to take action to communicate North Carolina ' s desire for federal legislation authorizing local government control of the flow of solid waste to the United States Congress and, be it FURTHER RESOLVED, that Orange County strongly urges the General Assembly to provide for alternative revenue mechanisms for funding solid waste management programs .