AMEND ENVIRONMENTAL LAWS 2011.

View NCGA Bill Details2011-2012 Session
House Bill 119 (Public) Filed Wednesday, February 16, 2011
TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) CLARIFY THE PROHIBITION ON DISPOSAL IN LANDFILLS OR BY INCINERATION OF BEVERAGE CONTAINERS THAT ARE REQUIRED TO BE RECYCLED BY CERTAIN ABC PERMITTEES; (2) DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INCORPORATE STORMWATER CAPTURE AND REUSE STANDARDS AND BEST MANAGEMENT PRACTICES INTO STORMWATER RUNOFF RULES AND PROGRAMS; AND (3) AMEND THE WATER USE STANDARD FOR PUBLIC MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS TO REQUIRE THE INSTALLATION OF WEATHER BASED IRRIGATION CONTROLLERS AND AUDITS OF EXISTING IRRIGATION SYSTEMS BY AN IRRIGATION CONTRACTOR LICENSED UNDER CHAPTER 89G OF THE GENERAL STATUTES.
Intro. by Gillespie, McElraft.

Status: Ch. SL 2011-394 (House Action) (Jul 1 2011)
H 119/S.L. 2011-394

Bill Summaries:

  • Summary date: Jul 1 2011 - More information

    AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) EXEMPT CERTAIN NEW RENEWABLE ENERGY FACILITIES FROM BEST AVAILABLE CONTROL TECHNOLOGY (BACT) REQUIREMENTS; (2) REDUCE CERTAIN OPEN BURNING SETBACK REQUIREMENTS AND PROVIDE THAT MINIMAL, UNINTENTIONAL NONCOMPLIANCE WITH AN OPEN BURNING SETBACK IS NOT A VIOLATION; (3) PROVIDE THAT DRAFT EROSION AND SEDIMENTATION CONTROL PLANS FOR THE CONSTRUCTION OF CERTAIN UTILITY LINES MAY BE SUBMITTED WITHOUT A LANDOWNER'S WRITTEN CONSENT; (4) CLARIFY THE PROHIBITION ON DISPOSAL IN LANDFILLS OR BY INCINERATION OF BEVERAGE CONTAINERS THAT ARE REQUIRED TO BE RECYCLED BY CERTAIN ABC PERMITTEES; (5) CLARIFY THE USE OF STATE FUNDS IN THE CONTEXT OF THE REMOVAL OF MERCURY­CONTAINING PRODUCTS FROM PUBLIC BUILDINGS; (6) DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO DEVELOP MODEL STORMWATER CAPTURE AND REUSE PRACTICES; (7) PROHIBIT THE DIVISION OF WATER QUALITY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FROM REQUIRING A WATER QUALITY PERMIT FOR A TYPE I SOLID WASTE COMPOST FACILITY; (8) AMEND THE WATER­USE STANDARD FOR PUBLIC MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS TO REQUIRE THE INSTALLATION OF WEATHER-BASED IRRIGATION CONTROLLERS; (9) PROVIDE THAT NO PERMIT IS REQUIRED FOR THE CONSTRUCTION OR ALTERATION OF A SEWER SYSTEM OR TREATMENT WORKS THAT ALREADY HAS A DISCHARGE PERMIT; (10) EXEMPT SMALL DAMS AND AGRICULTURAL POND DAMS FROM THE DAM SAFETY ACT; (11) MAKE VARIOUS CHANGES TO THE LAWS GOVERNING THE STATE'S UNDERGROUND STORAGE TANK PROGRAM AND PETROLEUM DISCHARGES; (12) PROMOTE THE USE OF GRAY WATER; (13) CLARIFY THAT NUTRIENT OFFSET PAYMENTS SHALL REFLECT ACTUAL COSTS AS ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION; (14) DELAY IMPLEMENTATION OF CERTAIN JORDAN LAKE RULE REQUIREMENTS; (15) AUTHORIZE THE COMMISSION FOR PUBLIC HEALTH TO ADOPT RULES TO INCORPORATE THE FEDERAL FOOD CODE; (16) ESTABLISH A VARIANCE PROCESS FOR CERTAIN WATER SUPPLY WELL SETBACK REQUIREMENTS; (17) GRANDFATHER CERTAIN DEVELOPMENT UNDER THE NEUSE AND TAR-PAM RIVER BASIN BUFFER REQUIREMENTS; (18) PROVIDE THAT A GINSENG EXPORT CERTIFICATE MAY BE OBTAINED FREE OF CHARGE; (19) PROVIDE FOR AN EARLY SUNSET OF THE METHANE CAPTURE PILOT PROGRAM; (20) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY STORMWATER MANAGEMENT REQUIREMENTS FOR AIRPORTS IN THE STATE; (21) DIRECT CERTAIN TRANSFERS OF FUNDS FOR NONPOINT SOURCE POLLUTION CONTROL PROGRAMS; (22) CONFORM THE STATUTORY DEFINITION OF "SOLID WASTE" TO FEDERAL LAW; AND (23) TO AMEND CERTAIN FINANCIAL ASSURANCE REQUIREMENTS APPLICABLE TO HAZARDOUS WASTE FACILITIES. Summarized in Daily Bulletin 2/16/11, 6/3/11, 6/15/11, and 6/16/11. Enacted July 1, 2011. Effective July 1, 2011, except as otherwise provided.


  • Summary date: Jun 16 2011 - More information

    Senate amendments make the following changes to 3rd edition. Amendment #1 rewrites proposed GS 143-215.1(a5) to remove references to sewer systems, and to provide that a permit issued under the statute may be modified if required by federal law. Amends proposed GS 143-215.25A(a)(7) to provide that the exemption set forth in the subdivision does not apply to dams that are determined to be high-hazard by the Department. Amends proposed GS 143-215.94B(i) to provide that any portion of the funds not used, as provided in the subsection, revert to the Commercial Fund for the uses otherwise provided by the statute. Enacts new GS 143-215.94D to grant, and detail, the Department’s use of up to $100,000 of the funds in the Noncommercial Fund to fund necessary assessment and cleanup to be conducted by the Department of discharges or releases for which a responsible party has been identified but for which the responsible party can demonstrate that undertaking the costs of assessment and cleanup will impose a severe financial hardship. Rewrites Section 2(b) of SL 2009-216 to direct certain dischargers comply with the Wastewater Discharge Rule as set forth in the session law by no later than 2016, unless the discharger has received an authorization for the construction, installation, or alteration of the treatment works for purposes of complying with the allocation under the Wastewater Discharge Rule by December 31, 2016, at which point the compliance date is no later than calendar year 2018. Deletes changes to SL 2009-216, Section 3(d). Directs Section 319 Nonpoint Source Management Program Competitive Grant funds to consider water quality benefit and be distributed in a fair and equitable manner based on the grant requirements and the benefit. Deletes all provisions in previous edition concerning proposed GS 143-214.18, regarding exemption to riparian buffer requirements for certain private properties in the Neuse River and Tar-Pamlico River Basins. Provides details, including definitions, implementation, study, and rule making authority, related to the Neuse River Basin Riparian Buffer Rule and Tar-Pamlico River Basin Riparian Buffer Rule. Directs the Division of Water Quality to establish a Workgroup of Nonpoint Source Agencies to consider the competitive grant project proposals. Provides that the Workgroup be given full input to the project funding decisions. Deletes previous amendments to GS 130A-290(a)(35) conforming the definition of solid waste to federal law. Makes other technical, organizational, and clarifying changes. Makes conforming change to bill title.
    Amendment #3 amends GS 130A-295.04(a) to require, in addition to other financial responsibility requirements for solid waste management under the Part, an applicant for a permit or permit holder for a hazardous waste facility must establish financial assurance that will ensure that sufficient funds are available for subsequent cost incurred by the Department in response to an incident at a facility. Deletes provision concerning an applicant for a permit or permit holder ensuring sufficient funds are also available for corrective action and for offsite screening for potential migration of contaminants in the event of a release of hazardous waste or hazardous waste constituents in the environment in an amount approved by the Department. Deletes provision allowing the Department to require an applicant for a permit for a hazardous waste facility to provide cost estimates for facility closure, post closure maintenance and monitoring, and any corrective action that the Department may require to the Department. Provides that compliance with the financial assurance requirements set forth under federal law is sufficient to meet the requirements regarding financial assurance requirements in the statute. Directs the Commission to adopt rules regarding financial responsibility in order to implement the above provision. Makes a conforming change.


  • Summary date: Jun 15 2011 - More information

    Senate committee substitute makes the following changes to 2nd edition. Rewrites GS 62-133.8(g), concerning control of emissions, to clarify that the subsection does not apply to facilities that qualify as certain new renewable energy facilities.
    Provides that the open burning for land clearing or right-of-way maintenance is permissible without an air quality permit if the location of the burning is at least 500 feet from any dwelling, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. Provides and details exceptions which the regional office supervisor may grant. Provides that the location of the air curtain burnings be at least 300 feet from any dwelling, commercial or institutional establishment, or other occupied structure not located on the property on which the burning is conducted. Provides and details exceptions which the regional office supervisor may grant. Rewrites GS 113-60.29 to provide it is not a violation if a person unintentionally fails to comply with a setback requirement so long as the difference between the required setback and the actual setback is no more than 5% of the required setback. Directs the Environmental Management Commission to adopt specified rules.
    Enacts new GS 130A-310.60(c) providing that for the purposes of the statute, concerning the program for the removal of products containing mercury from public buildings, a local government is using state funds when it receives grant funding from the state for the construction or operation of a public building.
    Amends proposed GS 143-214.7(b1) to direct the Environmental Management Commission (Commission) to develop model practices for incorporation of stormwater capture and reuse into stormwater management programs and to make information on those model practices available to state agencies and local governments.
    Amends GS 143-214.7A(b) to prohibit the Division of Water Quality from requiring water quality permitting for any Type I solid waste compost facility, unless required by federal law.
    Amends GS 143-135.37(c1) to remove provisions concerning the engagement of an irrigation contractor to perform an audit of any irrigation system.
    Enacts new GS 143-215.1(a5), providing that no permit is required to contract to construct, alter, or change the operation of any sewer system, treatment works, or disposal system when the system’s or work’s principle function is to dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the state.
    Amends GS 143-215.94B(b) to include the cost of a site investigation by the Department of Environment and Natural Resources (DENR) for the purpose of determining whether a release from a tank system occurred, whether or not the investigation confirms that a release has occurred, as a Commercial Fund expense. Amends GS 143-215.94B(b1) to include additional criteria to use when calculating the multiple discharge amounts. Amends GS 143-215.94B to add new subsection directing DENR to use up to $1 million of the funds in the Commercial Fund, each fiscal year, to clean up discharges or releases when a responsible party demonstrates it would be a severe financial hardship for such party to do so. Directs the Commission to adopt rules defining severe financial hardship, and establish a process for evaluation and determinations of eligibility with respect to applications for assistance due to severe financial hardships. Amends GS 143-215.94C(b) to provide that the annual operating fee is due and payable in equal installments on a quarterly basis on the first day of the month of each quarter in accordance with a staggered schedule established by DENR in order that the total amount of fees collected by DENR is about the same each quarter.
    Amends GS 143-215.94T to specify that the statute is not to be construed to limit the right of an owner or operator to repair any existing component of an underground storage tank system. Provides that if an existing tank or piping is replaced, the secondary containment and interstitial monitoring requirements apply only to the replaced tank or piping. Creates new subsection directing DENR to allow non-tank unprotected metallic components that are visible or accessible for visual inspections to have corrosion protection added as an alternative to replacement, if the component does not have visible corrosion and passes a tightness test. Amends GS 143-215.94V(b) to provide additional language stating that rules that use the distance between a source area of a confirmed discharge or release to a water supply well or private drinking well, as defined, must include a determination of whether a nearby well is likely to be affected by the discharge or release as a factor in determining levels of risk.
    Provides that DENR must not prohibit the use of tanks that are constructed of steel and cathodically protected as provided under federal law (40 CFR §280.20(a)(2)) in order to meet external corrosion protection standards of that rule. Directs the Environmental Management Commission to adopt rules to carry out this provision no later than January 1, 2014. Specifies effective dates for the amendments. Provides that all UST systems installed after January 1, 1991, are not required to provide secondary containment until January 1, 2020. Directs the Commission to establish a process for the grant of variances from the setbacks required for UST systems from certain public water supply wells if the Commission finds facts to demonstrate that such variance will not endanger human health and welfare or groundwater. Requires that, no later than January 1, 2014, the Environmental Management Commission must adopt rules consistent with the above provisions. These provisions are effective when they become law and apply to discharges or releases reported on or after that date, except that the provisions concerning GS 143-215.94B(b1) apply to discharges or releases reported on or after January 1, 2009.
    Enacts new GS 153A-145 and 160A-202 to provide that no county or city may prohibit the installation and maintenance of cisterns and rain barrels.
    Rewrites Section 5 of SL 2007-438, as amended, to provide that the nutrient offset payment schedule will expire when the rules establishing the new payment schedule become effective.
    Delays the implementation of the rules under SL 2009-216, the Jordan Lake Rules. Provides that compliance for certain dischargers, such as wastewater treatment plants, is delayed from 2016 to 2020 and compliance for existing development would be delayed from 2017 to 2020.
    Requires that employees of establishments regulated under subsections (a) and (a2) of GS 130A-248 be certified in food protection in accordance with the United States Food and Drug Administration Food Code 2009.
    Establishes and details a process for the issuance of variances from the setback requirements for public water supply wells under certain circumstances.
    Enacts new GS 143-214.18 to provide that, absent certain conditions, certain temporary rules adopted and the permanent rule concerning the protection and maintenance of existing riparian buffers in the Neuse River and Tar-Pamlico River Basins do not apply to certain tracts of land.
    Provides for the collection and sale of ginseng, and that there is no charge for a ginseng export certificate.
    Rewrites Section 6 of SL 2007-523 to change the sunset for the Methane Capture Pilot Program from September 1, 2017, to September 1, 2011.
    Directs and provides details to DENR to study the stormwater management requirements for airports in the state.
    Directs DENR to transfer certain grant funds for the control of nonpoint source pollution to the Division of Forest Resources and the Division of Soil and Water Conservation in the same amounts that those grant funds have been transferred during the two most-recent fiscal bienniums.
    Rewrites GS 130A-290(a)(35) to make the definition of solid waste conform to the federal definition of solid waste. Makes other clarifying and conforming changes. Unless otherwise noted, the act is effective when it becomes law.
    Changes the bill title to reflect new bill content.


  • Summary date: Jun 3 2011 - More information

    House committee substitute makes the following changes to 1st edition. Amends GS 143-350 to define gray water and gray water system. Rewrites GS 143-355.5 to acknowledge that it is the public policy of North Carolina that the reuse of treated or reclaimed water, along with gray water or captured rain water, is critical to meeting the existing and future needs of the state. Creates new subsection (c) to GS 143-355.5 to direct the Environmental Management Commission (Commission) to adopt rules to encourage and promote the safe and beneficial use of gray water, as detailed. Creates new subsection (d) to GS 143-355.5 to direct the Department of Environment and Natural Resources to develop policies and procedures to promote the adoption and installation of gray water systems. Makes a conforming change to GS 130A-335(b). Enacts new GS 160A-202 to prohibit a city from adopting ordinances against the installation and maintenance of cisterns and rain barrels.
    Rewrites Section 5 of SL 2007-438, as amended, to clarify that the nutrient offset payment schedule will expire when the rules establishing the new payment schedule become effective.
    Authorizes the Commission for Public Health to adopt rules to incorporate all or part of the United States Food and Drug Administration Food Code 2009. Creates new subsection (a5) to GS 130A-248 to provide that the Department of Health and Human Services may grant a variance from the rules adopted pursuant to the statute if the Department determines that the issuance of the variance will not result in a health hazard or nuisance condition.
    Creates new subsection (a1) to GS 113A-54.1 to provide that draft erosion and sedimentation control plans for the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, may be submitted without a landowner’s written consent, so long as the landowner has been provided with prior notice of the project.
    Changes title to AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS.


  • Summary date: Feb 16 2011 - More information

    Amends GS 130A-309.10 to add a new subsection prohibiting holders of on-premises malt beverage permits, on-premises unfortified wine permits, on-premises fortified wine permits, and mixed beverage permits from knowingly disposing of beverage containers in landfills or by incineration in an incinerator for which a permit is required when the containers are required to be recycled under GS 18B-1006.1 (additional requirement for certain permittees to recycle beverage containers). Makes conforming changes to the statute.
    Amends GS 143-214.7 to require the Environmental Management Commission and the Department of Environment and Natural Resources to incorporate stormwater capture and reuse standards and best management practices into the implementation of stormwater runoff rules and programs to the maximum extent practicable.
    Amends GS 143-135.37 to divide the standards for indoor and outdoor potable water use into two separate subsections. Adds the requirement to outdoor potable water use that weather-based irrigation controllers be used for irrigation systems for major facility construction projects. Requires that the Department of Administration engage an irrigation contractor licensed under GS Chapter 89G to perform an audit of any irrigation system for every major facility renovation project of a public agency. Also allows weather-based irrigation controllers that are water-use efficient to be used to reduce the potable outdoor water as required by existing language in the statute. Applies to every major facility construction project, as defined in GS 143-135.36, and every major facility renovation project, as defined in GS 143-135.36, of a public agency, as defined in GS 143-135.36, that has not entered the schematic design phase before the act’s effective date. Adds a definition of weather-based irrigation controller in GS 143-135.36.


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