NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 694

HOUSE BILL 886

 

 

AN ACT TO AMEND CHAPTERS 104E AND 130 OF THE GENERAL STATUTES TO PROVIDE FOR PUBLIC HEARINGS PRIOR TO THE ISSUANCE OF LICENSES FOR PROCESSING FACILITIES FOR RADIOACTIVE MATERIALS AND FOR HAZARDOUS WASTE DISPOSAL FACILITIES AND TO CLARIFY THE AUTHORITY OF THE RADIATION PROTECTION COMMISSION.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 104E-10, as it appears in the 1977 Cumulative Supplement to 1972 Replacement Volume 2D of the General Statutes, is hereby amended by adding a new subsection (d) to read as follows:

"(d)      Prior to the issuance of a license or an amendment of an existing license the department shall issue public notice. The Radiation Protection Commission or a designee shall conduct a public hearing in any county in which a person proposes to operate a radioactive waste processing or disposal facility, as defined by regulation by the Commission, or to enlarge an existing facility for such processing or disposal. Notice and the public hearing shall be in accordance with G.S. Chapter 150A."

Sec. 2.  G.S. 130-166.18, as it appears in the 1978 Interim Supplement to the General Statutes, is amended by adding a new subsection (f) to read as follows:

"(f)       Prior to the issuance of any permit or an amendment of an existing permit for a hazardous waste facility, the department shall issue public notice and conduct a public hearing in any county in which a hazardous waste facility is to be located. Notice and public hearing shall be in accordance with G.S. Chapter 150A."

Sec. 3.  G.S. 104E-7, as it appears in the 1977 Cumulative Supplement to 1972 Replacement Volume 2D of the General Statutes, is hereby amended by adding a new subsection (8) to read as follows:

"(8)      To adopt, amend, repeal or promulgate such rules, regulations, and standards relating to the nonradioactive, toxic and hazardous aspects of radioactive waste disposal, as may be necessary to protect the public health and safety."

Sec. 4.  G.S. 104E-9, as it appears in the 1977 Cumulative Supplement to 1972 Replacement Volume 2D of the General Statutes, is hereby amended by the addition of a new subsection (7) to read as follows:

"(7)      To implement the provisions of this act and the regulations duly promulgated under the act."

Sec. 5.  G.S. 104E-23, as it appears in the 1977 Cumulative Supplement to 1972 Replacement Volume 2D of the General Statutes, is hereby amended by designating the existing paragraph as subsection (a) and by adding a new subsection (b) to read as follows:

"(b)      The Secretary may, either before or after the institution of any other action or proceedings authorized by law, institute a civil action in the superior court of the county in which the defendant in said action resides for injunctive relief to prevent a threatened or continued violation of any provision of this act or any order or regulation issued pursuant to this act."

Sec. 6.  This act shall become effective on July 1, 1979, and shall not affect litigation pending at the time this act becomes effective.

In the General Assembly read three times and ratified, this the 30th day of May, 1979.