§ 54-87. Grant of franchise.

(a)

Prior to obtaining from the state department of environmental and natural resources ("DENR") 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 article, apply for and obtain from the board a franchise to operate such landfill, subject only to the exclusionary provisions of paragraph (d) of this section 54-87.

(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 article, and who, pursuant to activity authorized under such agreement, becomes subject to this article based on a need to file an application with DENR 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 article for the sole purpose of compliance with G.S. 130A-294(b1)(3). However, the provisions of this article 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 article 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, including a limited liability company or a limited liability partnership, with disclosure of the ownership interests;

(2)

A designation of the population to be served, including a description of the geographic area;

(3)

A description of the volume and characteristics of the waste stream; and

(4)

A projection on the useful life of the landfill.

(d)

This article 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 DENR prior to the adoption of this article.

(Ord. of 10-24-00(2), § 2)