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118 Legislative Goals Program for the 1994 Short Session A, Solid Waste Resolution Relative to Flow Control Authority for Local Governments UPON MOTION of Commissioner Casper, seconded by Chairman Barnhart and unanimously carried, the Board adopted the following Resolution to be included in the County's Legislative Goals Program for the 1994 Short Session of the North Carolina General Assembly. NORTH CAROLINA LOCAL GOVERNMENT'S ADVISORY 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 welfare...for the people of this State...," NCGS 130Ao 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(e), 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; 6. Disposal in landfills. NCGS 130A-309.04(a), and 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 solid waste disposal facilities to meet the needs of all incorporated and unincorporated areas designated to be served by the facility," NCGS l'30A-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 action for known releases will be available whenever they are needed." 15A NCA¢ 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