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118 <br /> <br />Legislative Goals Program for the 1994 Short Session <br /> A, Solid Waste Resolution Relative to Flow Control Authority for Local <br /> Governments <br /> <br /> UPON MOTION of Commissioner Casper, seconded by Chairman Barnhart and <br />unanimously carried, the Board adopted the following Resolution to be included <br />in the County's Legislative Goals Program for the 1994 Short Session of the North <br />Carolina General Assembly. <br /> <br />NORTH CAROLINA LOCAL GOVERNMENT'S ADVISORY <br />RESOLUTION TO NORTH CAROLINA GENERAL ASSEMBLY <br />REGARDING MUNICIPAL SOLID WASTE MANAGEMENT <br /> <br /> WHEREAS, the North Carolina General Assembly has found that: <br />"Inefficient and improper methods of managing solid waste create <br />hazards to public health, cause pollution of air and water <br />resources, constitute a waste of natural resources, have an adverse <br />effect on land values, and create public nuisances.", NCGS 130A- <br />309.03.(a)(1), and that "Problems of solid waste management have <br />become a matter statewide in scope and necessitate State action to <br />assist local governments in improving methods and processes to <br />promote more efficient methods of solid waste collection and <br />disposal." NCGS 130A-309.03.(a)(2), and <br /> WHEREAS, the General Assembly adopted the Solid Waste <br />Management Act of 1989 to "Regulate...collection, transport...and <br />disposal of solid waste in order to protect the public health, <br />safety, and welfare...for the people of this State...," NCGS 130Ao <br />309.03.(b)(1), and to "Require counties and municipalities to <br />adequately plan and provide efficient, environmentally acceptable <br />solid waste management programs; and require counties to plan for <br />proper hazardous waste management," NCGS 130A-309.(b)(3), and <br /> WHEREAS, the General Assembly requires "Each <br />county...shall...develop a comprehensive county solid waste <br />management plan .... "NCGS 130A-309.04(e), and <br /> WHEREAS, such plans must reflect the State's "hierarchy of <br />methods of managing solid waste, in descending order of preference: <br />1. Waste volume reduction at the source; <br />2. Recycling and reuse; <br />3. Composting; <br />4. Incineration with energy production; <br />5. Incineration for volume reduction; <br />6. Disposal in landfills. <br />NCGS 130A-309.04(a), and <br /> WHEREAS, the validity and reliability of each such county <br />solid waste management plan is directly dependent upon a county's <br />ability to direct and control the flow of solid waste within its <br />designated area, and <br /> WHEREAS, the ability of counties and municipalities to <br />minimize the financial risks for both parties to private service <br />agreements is dependent upon the local government's ability to <br />direct and control the flow of solid waste within its service area, <br />and <br /> WHEREAS, the General Assembly has required that "The governing <br />board of a designated local government shall provide for the <br />operation of solid waste disposal facilities to meet the needs of <br />all incorporated and unincorporated areas designated to be served by <br />the facility," NCGS l'30A-309.09A(a), and <br /> WHEREAS, the State requires the counties that own and/or <br />operate solid waste landfills must demonstrate financial assurance <br />that "...muSt ensure that the funds necessary to meet the costs of <br />closure, post-closure care, and corrective action for known releases <br />will be available whenever they are needed." 15A NCA¢ <br />13B.1628(b)(1)(D)(e)(1), and <br /> WHEREAS, the State encourages "Counties and municipalities <br /> ...to operate their solid waste management systems through the use <br /> of an enterprise fund." NCGS 130A-08(b), and <br /> WHEREAS, the generation of revenues sufficient to operate such <br /> State mandated disposal systems as enterprise funds is directly <br /> <br /> <br />