New Law Provides for Greater Control of Hazardous Waste Facilities

Hazardous waste facilities to provide financial assurance.

June 27, 2007

WAKE COUNTY NC NEWS -- Yesterday, North Carolina Governor Mike Easley signed into law House Bill 36, "An act to improve the oversight of hazardous waste facilities, as recommended by the Governor's Hazardous Materials Task Force." The legislation will require companies that store hazardous waste to provide more readily available detailed information on their facilities and the waste being stored to North Carolina state and local governments.

As well as ensure permit holders for hazardous waste facilities provide financial assurance that sufficient funds are available, even if the business becomes defunct or moves out of state, for:

• facility closure
• post-closure maintenance and monitoring
• corrective actions that may required by the state
• satisfy any potential liability for sudden accidental occurrences.

hazardous waste facilities will also be required to install 24-hour security surveillance system capable of promptly detecting

• unauthorized access to the facility
• monitoring conditions
• identifying operator errors
• detecting any discharge that could cause a fire, explosion, or release hazardous waste into the environment or threaten human health.

Provisions in the new law include requiring those who apply for hazardous waste facility permits to provide information about the facility and its contingency plans to local governments and emergency responders. The law also requires that all information on the waste stored at each facility be available offsite to the North Carolina State Department of Environment and Natural Resources, local governments and emergency responders.

The legislation developed out of recommendations from the Governor's Hazardous Materials Task Force. Easley created the 11-member task force last fall following the Oct. 5, 2006 late-night fire at the Environmental Quality Co. (EQ) complex in Apex that forced the evacuation of hundreds of people who lived near the facility. The EQ warehouse was a storage facility for hazardous materials.

Governor Easley commenting about the new law said: "This new law makes our permit requirements stricter and improves communication to make sure our citizens are protected in case of a hazardous waste accident. Also, the law adds new provisions to make sure hazardous waste facility operators put the health and safety concerns of our citizens as their top priority. I commend the members of the General Assembly for unanimously passing this comprehensive bill. It provides the further protection North Carolinians need to be secure in their neighborhoods and communities."

The primary sponsors of the legislation included State Representatives:

• Jennifer Weiss (Dem) of Wake County
• Deborah Ross (Dem) of Wake County
• Ty Harrell (Dem) of Wake County
• Nelson Dollar (Rep) of Wake County

House Bill 36, "An act to improve the oversight of hazardous waste facilities, as recommended by the Governor's Hazardous Materials Task Force." was signed in the Governor's Office at the State Capitol in Raleigh. Portions of the bill became effective on the governor's signature, others on July 1, 2007 and the remainder will become effective on Oct. 1, 2007 in North Carolina.