New North Carolina Environmental Legislation

A ban on new hog waste lagoons and a $2-per-ton tax for trash disposal in landfills.

September 3, 2007

DUPLIN COUNTY NC NEWS -- Within the last week, two pieces of new environmental legislation have been signed into law. The first, is a ban on new hog waste lagoons, and the second, strengthens landfill regulations.

The first new law prohibits the construction of new hog waste lagoons and sprayfields as primary methods of waste management. New waste management systems must adhere to stricter environmental regulations. The legislation will help provide grants to farms to aid in closing current systems and begin using modern waste management technology.

The law also creates the Swine Farm Methane Capture Pilot Program to generate electricity from methane gas collected by animal waste management systems. It creates a cost-sharing program for farmers to covert to the new technologies with the state covering 90 percent of the cost, or up to $500,000 for each applicant over the next five years. The state share will be 80 percent in 2012 and 75 percent in 2017.

Governor Easley declaring the ban on new hog waste lagoons, said: "We do not have to choose between a strong economy and a clean environment. This legislation provides assistance to hog operators who invest in the new technologies with a payoff for all of us that protects our rivers and streams."

The ban on new hog waste lagoons legislation passed the Senate and the House unanimously. Furthermore, Section Three of the law is retroactively effective from July 1, 2007. All other sections are effective as of September 1, 2007.

On Labor Day, Governor Mike Easley signed the second piece of environmental legislation into law, Senate Bill 1492, "The Solid Waste Management Act of 2007." The new law provides stricter regulation of landfills, funds to help communities clean up old landfills and hazardous waste sites and requires computer manufacturers to recycle computer components they sell in North Carolina.

The new law also increased the distance that a landfill must be located from streams, from 50 feet to 200 feet. It also forbids the construction of landfills within five miles of a national wildlife refuge, two miles of a state park and one mile from state gamelands. The legislation also establishes a $2-per-ton tax for trash disposal in landfills to pay cleaning up abandoned dumps and hazardous waste sites along with paying for local government waste management efforts. Computer manufacturers are required to begin recycling used equipment.

The primary sponsor of Senate Bill 1492, state Senator Charles Albertson (Dem) of Duplin, Lenoir and Sampson counties, said: "Future generations of North Carolinians may see this as one of the most important environmental laws this state has enacted. We protect the environment, provide help to local governments in dealing with the added trash that has resulted from our state's growth and prevents North Carolina from becoming a haven for huge mega-landfills."

The Senate Bill 1492, did see some opposition in the General Assembly, but the legislation passed in the State Senate by 28-16. In the House of Representatives, the bill passed by 65-46. Most portions of this act become effective January 1, 2009.