(A) Prior to obtaining from the State Department of Environment, Natural Resources (NCDEHNR) a new permit, a renewal of a permit, or a substantial amendment to a permit for a sanitary landfill located, all or in part, in the county, the operator of such landfill shall, in accordance with the provisions of this chapter, apply for and obtain from the Board a franchise to operate such landfill, subject only to the exclusionary provisions of division (D)(2) below.
(B) Any person operating or maintaining a sanitary landfill in the county pursuant to a contractual agreement with the county in effect at the time of adoption of this chapter, and who, pursuant to activity authorized under such agreement, becomes subject to this chapter based on a need to file an application with NCDEHNR for a new permit, a renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, shall be entitled to obtain a franchise under this chapter for the sole purpose of compliance with G.S. § 130A-294(b l)(3). However, the provisions of this chapter and any franchise issued under it shall apply to such person only to the extent that it does not limit, affect, alter, modify, revoke, or invalidate any aspect of that person’s existing contract with the county.
(C) An application for a franchise submitted pursuant to this chapter shall be filed with the Board or its designee, and shall include, but not necessarily be limited to, the following information:
(1) Name and address of the applicant and whether a sole proprietorship, corporation, or partnership, with disclosure of the ownership interests;
(2) An application fee as set by the Board of Commissioners;
(3) A list of equipment possessed, available, or to be obtained by the applicant and used in the operation of the landfill for which the franchise is requested;
(4) The number of employees the applicant expects to use in its business;
(5) A balance sheet or equivalent financial statement as of the close of the applicant’s last business year, showing the net worth of the person filing the application. Should the person or business making the application have incomplete or insufficient information, the owners of the applicant’s business shall provide individual financial information;
(6) A designation of the population to be served, including a description of the geographic area;
(7) A study or other information satisfactory to the Board detailing the need of the designated area for the sanitary landfill;
(8) Traffic studies demonstrating the adequacy of existing road structures for the estimated increase in traffic to, from, or around the landfill site; and, if existing roads are inadequate, plans for road improvements;
(9) A description of the volume and characteristics of the waste stream;
(10) A projection on the useful life of the landfill; and
(11) The initial proposed fee schedule for fees to be charged at the landfill.
(D) After the application is filed, but before the first reading of the franchise by the Board, the applicant must do the following:
(1) Notify by certified mail all contiguous property owners of the proposed landfill and submit the signed mail notices to the County Manager’s office; and
(2) Publish at least two notices about the proposed landfill in local newspapers having general circulation in the county and provide a publisher’s affidavit to the County Manager’s office.
(E) This chapter shall not apply to any new permit, renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, which was issued by NCDEHNR prior to the adoption of this chapter.
(Ord. passed 12-4-2001)