§ 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.
  (a)No beverage shall be sold or offered for sale within
the State in a beverage container designed and constructed so
that the container is opened by detaching a metal ring or tab.
  (b) No person shall distribute, sell, or offer for sale in
this State, any product packaged in a container or packing
material manufactured with fully halogenated chlorofluorocarbons
(CFC). Producers of containers or packing material manufactured
with chlorofluorocarbons (CFC) are urged to introduce
alternative packaging materials that are environmentally
compatible.
  (c)      (1)  No plastic bag shall be provided at any retail
            outlet to any retail customer to use for the
            purpose of carrying items purchased by that
            customer unless the bag is composed of material
            that is recyclable.
       (2)  It is the goal of the State that at least
            twenty-five percent (25%) of the plastic bags
            provided at retail outlets in the State to retail
            customers for carrying items purchased by the
            customer be recycled.
  (d)      (1)  No person shall distribute, sell, or offer for
            sale in this State any polystyrene foam product
            that is to be used in conjunction with food for
            human consumption unless the product is composed of
            material that is recyclable.
       (2)  Repealed by Session Laws 1995, c. 321, s. 1.
  (e) No person shall distribute, sell, or offer for sale in
this State any rigid plastic container, including a plastic
beverage container unless the container has a molded label
indicating the plastic resin used to produce the container. The
code shall consist of a number placed within three triangulated
arrows and letters placed below the triangulated arrows. The
three arrows shall form an equilateral triangle with the common
point of each line forming each angle of the triangle at the
midpoint of each arrow and rounded with a short radius. The
arrowhead of each arrow shall be at the midpoint of each side of
the triangle with a short gap separating the arrowhead from the
base of the adjacent arrow. The triangle formed by the three
arrows curved at their midpoints shall depict a clockwise path
around the code number. The label shall appear on or near the
bottom of the container and be clearly visible. A container
having a capacity of less than eight fluid ounces or more than
five gallons is exempt from the requirements of this subsection.
The numbers and letters shall be as follows:
       (1)  For polyethylene terephthalate, the letters "PETE"
            and the number 1.
       (2)  For high density polyethylene, the letters "HDPE"
            and the number 2.
       (3)  For vinyl, the letter "V" and the number 3.
       (4)  For low density polyethylene, the letters "LDPE"
            and the number 4.
       (5)  For polypropylene, the letters "PP" and the number
            5.
       (6)  For polystyrene, the letters "PS" and the number 6.
       (7)  For any other, the letters "OTHER" and the number
            7.
  (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.
  (j) The Department may issue a permit pursuant to this
Article for an incinerator that is subject to subsection (f1) of
this section only if the applicant for the permit has a plan
approved by the Department pursuant to this subsection. The
applicant shall file the plan at the time of the application for
the permit. The Department shall approve a plan only if it
complies with the requirements of this subsection. The plan
shall provide for the implementation of a program to prevent the
incineration of the solid waste listed in subsection (f1) of
this section. The program shall include the random visual
inspection prior to incineration of at least ten percent (10%)
of the solid waste to be incinerated. The program shall also
provide for the retention of the records of the random visual
inspections and the training of personnel to recognize the solid
waste listed in subsection (f1) of this section. If a random
visual inspection discovers solid waste that may not be
incinerated pursuant to subsection (f1) of this section, the
program shall provide that the operator of the incinerator shall
dispose of the solid waste in accordance with applicable federal
and State laws, regulations, and rules. This subsection does not
apply to an incinerator that disposes only of medical waste.
(1989, c. 784, s. 2; 1991, c. 23, s. 1; c. 375, s. 1; 1991 (Reg.
Sess., 1992), c. 932, ss. 1, 2; 1993, c. 290, s. 1; 1995, c.
321, s. 1; c. 504, s. 9; 1995 (Reg. Sess., 1996), c. 594, s. 17;
2001-440, ss. 3.1, 3.2.)