Dr. Bill Dennis has provided thoughtful responses to our editorial on the city’s recycling program, “Opinion: Recycling program must change,” so we felt honor-bound to respond to his question about a state law banning the disposal of recyclable goods in landfills. As is usually the case, even with beach music, the good doctor is correct (we can only guess that the repealed sections applied to former Gov. Jim Hunt).
We therefore present for your reading pleasure the relevant sections of General Statutes 130A‑309.10, “Prohibited acts relating to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited.”
There’s nothing like a little light reading of state laws to give your day a kick:
(f) No person shall knowingly dispose of the following solid wastes in landfills:
(1) Repealed by Session Laws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, except in landfills approved for the disposal of yard trash under rules adopted by the Commission. Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities.
(4) White goods.
(5) Antifreeze (ethylene glycol).
(6) Aluminum cans.
(7) Whole scrap tires, as provided in G.S. 130A‑309.58(b). The prohibition against landfilling whole tires applies to all whole pneumatic rubber coverings, but does not apply to whole solid rubber coverings.
(8) Lead‑acid batteries, as provided in G.S. 130A‑309.70.
(f1) No person shall knowingly dispose of the following solid wastes by incineration in an incinerator for which a permit is required under this Article:
(1) Antifreeze (ethylene glycol) used solely in motor vehicles.
(2) Aluminum cans.
(3) Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s. 17.
(4) White goods.
(5) Lead‑acid batteries, as provided in G.S. 130A‑309.70.
(f2) Subsection (f1) of this section shall not apply to solid waste incinerated in an incinerator solely owned and operated by the generator of the solid waste. Subsection (f1) of this section shall not apply to antifreeze (ethylene glycol) that cannot be recycled or reclaimed to make it usable as antifreeze in a motor vehicle.
(g) Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s. 17.
(h) The accidental or occasional disposal of small amounts of prohibited solid waste by landfill shall not be construed as a violation of subsection (f) of this section.
(i) The accidental or occasional disposal of small amounts of prohibited solid waste by incineration shall not be construed as a violation of subsection (f1) of this section if the Department has approved a plan for the incinerator as provided in subsection (j) of this section or if the incinerator is exempt from subsection (j) of this section.
So, yes, it’s a crime to throw away aluminum cans, as it should be. But there are no penalties, which is a big problem if you want a law to accomplish anything. That’s why the city has to consider an ordinance with teeth if it wants to continue curbside recycling.