AG 1993 03 15 - Laserfiche WebLink

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SECTION D. PROPOSED LEGISLATION OF CONCERN (Cont.) 2. Environmental Protection Bills (Cont.) Oppose: S52.flt90 S54 S55/H89 S57/H83 "To prohibit the distribution, sale, and offering for sale of plastic containers produced from polyvinyl chlorlde." Sen. Fountain Odom (Mecklenburg) and Rep. Foyle Hightuwer (Anson). Thesse bill, referred to the Senate and House Environment Committee, would amend G.S. 130A-309.10 begin- ning after January 1, 1994, to prohibit sale, dislribution or offering for sale in the Stale of any plastic con- tainer product made with polyvinyl chloride, and eliminate the designation "V 3" from container mar'king required by that statute. "To impose an advance disposal tax on small quantities of new household hazardous items and to require each county to provide a site for the collection and disposal of household hazardous waste." Sen. Fountain Odom (Mecklenburg). This bill, referred to the Senate Committee on Local Government and Regional Affairs, would establish a 10 cent per container tax on sales of household hazardous items (defined in the statute). It would exempt items sold in large quantities too big for household consumers. Exemptions to state sales tax provided in existing law would not apply to this tax. Proceeds of the tax (less collection costs not to exceed 0.7%) would be credited quarterly 10% to the Solid Waste Manage- ment Fund to be used for the purposes set out in G.S. 130A-309.12, ~nd 90% to counties on a per capita basis for use in providing for safe disposal of household hazardous ~ aste under a new Part 2D of Chapter 130A. This new Part could require counties to provide for safe disposal of household hazardous waste. Each county would be responsible for collectlng and disposing of household hazardous waste within its boundaries and would be required to provide at least one collection site. Counties could enter into cooperative and contractuM arrangements for collection. Each county would have to develop procedures for collection and disposal lo be included in its solid wasle management plan. Disposal of household haz- ardous waste in landfills or by incineration would be prohibited unless the permit specifically allows, but disposal of empty containers that are triple rinsed and contain no residue would be allowed. Retailers that offer household haz~.-dous items for sale would be required to post notice that state law requires counties to provide collection sites and stating the site location in that county, subject to civil penalties. The bill would preempt local regulation regarding disposal of household hazardous waste inconsistent with the statute, and would prohibit local governments from imposing any fees for disposal of household hazard- ous waste. "To clarify the General Statutes to include training for incinerator operators of solid waste manage- ment facilities." Sen. Fountain Odom (Mecklenburg) and Rep. Foyle Hightower (Anson). These bills would amend G.S. 130A-309.25(a) to add incinerator operators to the list of officials subject to training program adrrfinistered by the Department of Environment, Health and Natural Resources. The Senate bill was referred to the Senate Environment Committee. The House bill was referred to the House Environ- ment Committee. "To increase the Scrap Tire Disposal Tax, to pros~de for the distribution of the additional tax proceeds, and to revoke the authority of a unit of local government or a contracting party to impose a separate scrap tire disposal fee," Sen. Fountain Odom (Mecklenburg) and Rep. Dan Devane (Hoke). These bills, referred lo the Senate Environment Committee and the House Finance Committee, would amend G.$. 105-187.16 to impose (1) a sales tax of 1% on 20-inch or larger tires, 2% on smaller tires; (2) privilege taxes in the same amount on a tire retailer and wholesaler selling tires for vehicles to be sold, rented or leased; and (3) excise taxes in the same amount on new tires purchased for slorage, use or con- sumption in the state or placement on a vehicle sold, leased or rented. The Secretary of Revenue could retain .7~ of the taxes as a collection cost, with the remainder distributed quarterly as follows: 5% to the Solid Waste Management Trust Fund; 27% to the Scrap Tire Disposal Fund; and 68% to counties per capita. It would delete the authority in G.S. 130A-309.58(e) for counties to charge a tire disposal fee. The bill would create a Scrap Tire Disposal Fund containing tax revenue, appropriations from the General cAfS$.ern_bly,.contribmions anti grants. The Department of Revenue would be authorized to use up to 25% tu_e, runcl to,re.p¥ counties for the cost of disposal, if the county's reasonable cost in the preceding six mourns exceeoea the amount ~.he county received in the same period under the tax distribution formula. The remainder of the Fund would be used for cleanup of nuisance tire collection sites when no other funds were available for this purpose. D-5