In the event that the foregoing exclusivity requirement should be determined, whether by preliminary injunction or otherwise, to violate the provisions of the Commerce Clause as set forth in Article 1, § 8, cl. 3 of the U.S. Constitution, then all solid waste must be disposed of as follows:
(A) If such solid waste is to be disposed of within the state, all solid waste shall be delivered exclusively to the solid waste disposal facility designated by the authority;
(B) If such solid waste is to be disposed of in a landfill in any state of the U.S. other than North Carolina, the solid waste must be delivered to a landfill which fulfills the requirements set forth in 40 C.F.R. § 258.40 (Subpart D) of the regulations enacted pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq.; or
(C) If such solid waste is to be disposed of in a solid waste management facility in any state of the U.S. other than North Carolina other than such as hereinabove specified and division (B) of this section, the solid waste must be delivered to a solid waste management facility which complies with the provisions of federal environmental laws, rules, and regulations.
(1996 Code, § 50.43) (Ord. passed 1-18-1994)