COAL ASH MANAGEMENT ACT OF 2014 (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 729 (Public) Filed Wednesday, May 14, 2014
A BILL TO BE ENTITLED AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) ESTABLISH A MORATORIUM ON CERTAIN RATE CASES; (3) CREATE THE COAL ASH MANAGEMENT COMMISSION TO REVIEW AND APPROVE COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS CLASSIFICATIONS AND CLOSURE PLANS AND OTHERWISE STUDY AND MAKE RECOMMENDATIONS ON LAWS GOVERNING MANAGEMENT OF COAL COMBUSTION RESIDUALS; (4) REQUIRE EXPEDITED REVIEW BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OF ANY PERMIT NECESSARY TO CONDUCT ACTIVITIES REQUIRED BY THIS ACT; (5) ESTABLISH VARIOUS REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY, INCLUDING A QUARTERLY REPORT FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ON ITS OPERATIONS, ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (6) PROHIBIT LOCAL GOVERNMENT REGULATION OF MANAGEMENT OF COAL COMBUSTION RESIDUALS OR COAL COMBUSTION PRODUCTS; (7) PROHIBIT CONSTRUCTION OF NEW OR EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE OCTOBER 1, 2014; (8) PROHIBIT THE DISPOSAL OF COAL COMBUSTION RESIDUALS INTO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AT COAL-FIRED GENERATING UNITS THAT ARE NO LONGER PRODUCING COAL COMBUSTION RESIDUALS EFFECTIVE OCTOBER 1, 2014; (9) PROHIBIT DISPOSAL OF STORMWATER TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE DECEMBER 31, 2018; (10) REQUIRE ALL ELECTRIC GENERATING FACILITIES TO CONVERT TO GENERATION OF DRY FLY ASH ON OR BEFORE DECEMBER 31, 2017, AND DRY BOTTOM ASH ON OR BEFORE DECEMBER 31, 2020, OR RETIRE; (11) REQUIRE THE ASSESSMENT OF GROUNDWATER AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (12) REQUIRE CORRECTIVE ACTION FOR THE RESTORATION OF GROUNDWATER QUALITY AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (13) REQUIRE A SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF CONTAMINATED WATER SUPPLIES; (14) REQUIRE THE IDENTIFICATION, ASSESSMENT, AND CORRECTION OF UNPERMITTED DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (15) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS SOON AS PRACTICABLE, BUT NO LATER THAN DECEMBER 31, 2015, PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES; (16) REQUIRE OWNERS OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO SUBMIT A PROPOSED PLAN FOR CLOSURE OF ALL IMPOUNDMENTS TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; (17) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS PRACTICABLE, BUT NO LATER THAN AUGUST 1, 2019; (18) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH A SCHEDULE AND PROCESS FOR CLOSURE AND REMEDIATION OF ALL COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS BASED UPON THE DEPARTMENT'S RISK ASSESSMENT OF THESE SITES, BASELINE REQUIREMENTS SET BY THE GENERAL ASSEMBLY, EVALUATION OF PROPOSED CLOSURE PLANS SUBMITTED BY IMPOUNDMENT OWNERS, AND INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS; (19) ESTABLISH MINIMUM STATUTORY REQUIREMENTS FOR STRUCTURAL FILL PROJECTS USING COAL COMBUSTION PRODUCTS AND REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INVENTORY AND INSPECT CERTAIN STRUCTURAL FILL PROJECTS; (20) PLACE A MORATORIUM ON CERTAIN PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE ADEQUACY OF CURRENT LAW GOVERNING USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL AND FOR BENEFICIAL USE; (21) PLACE A MORATORIUM ON THE EXPANSION AND CONSTRUCTION OF COAL COMBUSTION RESIDUALS LANDFILLS UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED OPERATION OF THESE LANDFILLS; (22) STRENGTHEN THE REPORTING AND NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO WATERS OF THE STATE; (23) REQUIRE CERTAIN EMERGENCY CALLS TO BE RECORDED; (24) REQUIRE DEVELOPMENT OF EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (25) TRANSFER SOLID WASTE RULE-MAKING AUTHORITY FROM COMMISSION FOR PUBLIC HEALTH TO ENVIRONMENTAL MANAGEMENT COMMISSION; (26) AMEND COMPLIANCE BOUNDARY PROVISIONS; (27) PROVIDE FOR VARIOUS STUDIES; (28) REQUIRE THE STATE CONSTRUCTION OFFICE AND THE DEPARTMENT OF TRANSPORTATION TO DEVELOP TECHNICAL SPECIFICATIONS FOR USE OF COAL COMBUSTION PRODUCTS; AND (29) PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT.
Intro. by Apodaca, Berger.

Status: Ch. SL 2014-122 (Senate Action) (Sep 20 2014)

SOG comments (4):

Identical Bill

Identical to H 1228, filed on May 27, 2014.

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO (1) CHANGE NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER; (2) ESTABLISH COAL COMBUSTION PRODUCTS IMPOUNDMENT WATER MONITORING PROGRAM; (3) IDENTIFY AND ADDRESS UNPERMITTED WASTEWATER DISCHARGES AT COAL COMBUSTION PRODUCTS IMPOUNDMENT SITES; (4) AMEND S.L. 2009-390; (5) REQUIRE EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS; (6) CHANGE NOTIFICATION REQUIREMENTS APPLICABLE TO DAM REPAIRS; (7) INCREASE COAL COMBUSTION PRODUCTS IMPOUNDMENT INSPECTION REQUIREMENTS; (8) MODIFY THE DEFINITION OF SOLID WASTE TO INCLUDE REMOVED COMBUSTION PRODUCTS; (9) PLACE A TEMPORARY MORATORIUM ON THE USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL; AND (10) ESTABLISH REQUIREMENTS FOR COAL COMBUSTION PRODUCTS IMPOUNDMENT CLOSURE.

Long title change.

Senate amendment changes the long title. The previous long title is found below:

AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) ESTABLISH A MORATORIUM ON CERTAIN RATE CASES; (3) CREATE THE COAL ASH MANAGEMENT COMMISSION TO REVIEW AND APPROVE COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS CLASSIFICATIONS AND CLOSURE PLANS AND OTHERWISE STUDY AND MAKE RECOMMENDATIONS ON LAWS GOVERNING MANAGEMENT OF COAL COMBUSTION RESIDUALS; (4) REQUIRE EXPEDITED REVIEW BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OF ANY PERMIT NECESSARY TO CONDUCT ACTIVITIES REQUIRED BY THIS ACT; (5) ESTABLISH VARIOUS REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY, INCLUDING A QUARTERLY REPORT FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ON ITS OPERATIONS, ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (6) PROHIBIT LOCAL GOVERNMENT REGULATION OF MANAGEMENT OF COAL COMBUSTION RESIDUALS OR COAL COMBUSTION PRODUCTS; (7) PROHIBIT CONSTRUCTION OF NEW OR EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE JULY 1, 2014; (8) PROHIBIT THE DISPOSAL OF COAL COMBUSTION RESIDUALS INTO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AT COAL‑FIRED GENERATING UNITS THAT ARE NO LONGER PRODUCING COAL COMBUSTION RESIDUALS EFFECTIVE OCTOBER 1, 2014; (9) PROHIBIT DISPOSAL OF STORMWATER TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE DECEMBER 31, 2018; (10) REQUIRE ALL ELECTRIC GENERATING FACILITIES TO CONVERT TO GENERATION OF DRY FLY ASH ON OR BEFORE DECEMBER 31, 2017, AND DRY BOTTOM ASH ON OR BEFORE DECEMBER 31, 2020, OR RETIRE; (11) REQUIRE THE ASSESSMENT OF GROUNDWATER AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (12) REQUIRE CORRECTIVE ACTION FOR THE RESTORATION OF GROUNDWATER QUALITY AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (13) REQUIRE A SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF CONTAMINATED WATER SUPPLIES; (14) REQUIRE THE IDENTIFICATION, ASSESSMENT, AND CORRECTION OF UNPERMITTED DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (15) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS SOON AS PRACTICABLE BUT NO LATER THAN AUGUST 1, 2015, PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES; (16) REQUIRE OWNERS OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO SUBMIT A PROPOSED PLAN FOR CLOSURE OF ALL IMPOUNDMENTS TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; (17) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS PRACTICABLE, BUT NO LATER THAN AUGUST 1, 2019; (18) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH A SCHEDULE AND PROCESS FOR CLOSURE AND REMEDIATION OF ALL COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS BASED UPON THE DEPARTMENT'S RISK ASSESSMENT OF THESE SITES, BASELINE REQUIREMENTS SET BY THE GENERAL ASSEMBLY, EVALUATION OF PROPOSED CLOSURE PLANS SUBMITTED BY IMPOUNDMENT OWNERS, AND INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS; (19) ESTABLISH MINIMUM STATUTORY REQUIREMENTS FOR STRUCTURAL FILL PROJECTS USING COAL COMBUSTION PRODUCTS AND REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INVENTORY AND INSPECT CERTAIN STRUCTURAL FILL PROJECTS; (20) PLACE A MORATORIUM ON CERTAIN PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE ADEQUACY OF CURRENT LAW GOVERNING USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL AND FOR BENEFICIAL USE; (21) PLACE A MORATORIUM ON THE EXPANSION AND CONSTRUCTION OF COAL COMBUSTION RESIDUALS LANDFILLS UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED OPERATION OF THESE LANDFILLS; (22) STRENGTHEN THE REPORTING AND NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO WATERS OF THE STATE; (23) REQUIRE CERTAIN EMERGENCY CALLS TO BE RECORDED; (24) REQUIRE DEVELOPMENT OF EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (25) TRANSFER SOLID WASTE RULE‑MAKING AUTHORITY FROM COMMISSION FOR PUBLIC HEALTH TO ENVIRONMENTAL MANAGEMENT COMMISSION; (26) PROVIDE FOR VARIOUS STUDIES; AND (27) PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT

Long title change.

Conference report changes the long title. The previous long title is found below:

AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) ESTABLISH A MORATORIUM ON CERTAIN RATE CASES; (3) CREATE THE COAL ASH MANAGEMENT COMMISSION TO REVIEW AND APPROVE COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS CLASSIFICATIONS AND CLOSURE PLANS AND OTHERWISE STUDY AND MAKE RECOMMENDATIONS ON LAWS GOVERNING MANAGEMENT OF COAL COMBUSTION RESIDUALS; (4) REQUIRE EXPEDITED REVIEW BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OF ANY PERMIT NECESSARY TO CONDUCT ACTIVITIES REQUIRED BY THIS ACT; (5) ESTABLISH VARIOUS REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY, INCLUDING A QUARTERLY REPORT FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ON ITS OPERATIONS, ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (6) PROHIBIT LOCAL GOVERNMENT REGULATION OF MANAGEMENT OF COAL COMBUSTION RESIDUALS OR COAL COMBUSTION PRODUCTS; (7) PROHIBIT CONSTRUCTION OF NEW OR EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE JULY 1, 2014; (8) PROHIBIT THE DISPOSAL OF COAL COMBUSTION RESIDUALS INTO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AT COAL‑FIRED GENERATING UNITS THAT ARE NO LONGER PRODUCING COAL COMBUSTION RESIDUALS EFFECTIVE OCTOBER 1, 2014; (9) PROHIBIT DISPOSAL OF STORMWATER TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE DECEMBER 31, 2018; (10) REQUIRE ALL ELECTRIC GENERATING FACILITIES TO CONVERT TO GENERATION OF DRY FLY ASH ON OR BEFORE DECEMBER 31, 2017, AND DRY BOTTOM ASH ON OR BEFORE DECEMBER 31, 2020, OR RETIRE; (11) REQUIRE THE ASSESSMENT OF GROUNDWATER AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (12) REQUIRE CORRECTIVE ACTION FOR THE RESTORATION OF GROUNDWATER QUALITY AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (13) REQUIRE A SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF CONTAMINATED WATER SUPPLIES; (14) REQUIRE THE IDENTIFICATION, ASSESSMENT, AND CORRECTION OF UNPERMITTED DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (15) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS SOON AS PRACTICABLE BUT NO LATER THAN AUGUST 1, 2015, PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES; (16) REQUIRE OWNERS OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO SUBMIT A PROPOSED PLAN FOR CLOSURE OF ALL IMPOUNDMENTS TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; (17) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS PRACTICABLE, BUT NO LATER THAN AUGUST 1, 2019; (18) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH A SCHEDULE AND PROCESS FOR CLOSURE AND REMEDIATION OF ALL COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS BASED UPON THE DEPARTMENT'S RISK ASSESSMENT OF THESE SITES, BASELINE REQUIREMENTS SET BY THE GENERAL ASSEMBLY, EVALUATION OF PROPOSED CLOSURE PLANS SUBMITTED BY IMPOUNDMENT OWNERS, AND INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS; (19) ESTABLISH MINIMUM STATUTORY REQUIREMENTS FOR STRUCTURAL FILL PROJECTS USING COAL COMBUSTION PRODUCTS AND REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INVENTORY AND INSPECT CERTAIN STRUCTURAL FILL PROJECTS; (20) PLACE A MORATORIUM ON CERTAIN PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE ADEQUACY OF CURRENT LAW GOVERNING USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL AND FOR BENEFICIAL USE; (21) PLACE A MORATORIUM ON THE EXPANSION AND CONSTRUCTION OF COAL COMBUSTION RESIDUALS LANDFILLS UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY, WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED OPERATION OF THESE LANDFILLS; (22) STRENGTHEN THE REPORTING AND NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO WATERS OF THE STATE; (23) REQUIRE CERTAIN EMERGENCY CALLS TO BE RECORDED; (24) REQUIRE DEVELOPMENT OF EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (25) TRANSFER SOLID WASTE RULE‑MAKING AUTHORITY FROM COMMISSION FOR PUBLIC HEALTH TO ENVIRONMENTAL MANAGEMENT COMMISSION; (26) PROVIDE FOR VARIOUS STUDIES; (27) REQUIRE THE STATE CONSTRUCTION OFFICE AND THE DEPARTMENT OF TRANSPORTATION TO DEVELOP TECHNICAL SPECIFICATIONS FOR USE OF COAL COMBUSTION PRODUCTS; AND (28) PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT.

Bill History:

S 729/S.L. 2014-122

Bill Summaries:

  • Summary date: Sep 23 2014 - More information

    AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) ESTABLISH A MORATORIUM ON CERTAIN RATE CASES; (3) CREATE THE COAL ASH MANAGEMENT COMMISSION TO REVIEW AND APPROVE COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS CLASSIFICATIONS AND CLOSURE PLANS AND OTHERWISE STUDY AND MAKE RECOMMENDATIONS ON LAWS GOVERNING MANAGEMENT OF COAL COMBUSTION RESIDUALS; (4) REQUIRE EXPEDITED REVIEW BY THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OF ANY PERMIT NECESSARY TO CONDUCT ACTIVITIES REQUIRED BY THIS ACT; (5) ESTABLISH VARIOUS REPORTING REQUIREMENTS TO THE GENERAL ASSEMBLY, INCLUDING A QUARTERLY REPORT FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES ON ITS OPERATIONS, ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (6) PROHIBIT LOCAL GOVERNMENT REGULATION OF MANAGEMENT OF COAL COMBUSTION RESIDUALS OR COAL COMBUSTION PRODUCTS; (7) PROHIBIT CONSTRUCTION OF NEW OR EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE OCTOBER 1, 2014; (8) PROHIBIT THE DISPOSAL OF COAL COMBUSTION RESIDUALS INTO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AT COAL-FIRED GENERATING UNITS THAT ARE NO LONGER PRODUCING COAL COMBUSTION RESIDUALS EFFECTIVE OCTOBER 1, 2014; (9) PROHIBIT DISPOSAL OF STORMWATER TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE DECEMBER 31, 2018; (10) REQUIRE ALL ELECTRIC GENERATING FACILITIES TO CONVERT TO GENERATION OF DRY FLY ASH ON OR BEFORE DECEMBER 31, 2017, AND DRY BOTTOM ASH ON OR BEFORE DECEMBER 31, 2020, OR RETIRE; (11) REQUIRE THE ASSESSMENT OF GROUNDWATER AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (12) REQUIRE CORRECTIVE ACTION FOR THE RESTORATION OF GROUNDWATER QUALITY AT COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (13) REQUIRE A SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF CONTAMINATED WATER SUPPLIES; (14) REQUIRE THE IDENTIFICATION, ASSESSMENT, AND CORRECTION OF UNPERMITTED DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (15) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS SOON AS PRACTICABLE, BUT NO LATER THAN DECEMBER 31, 2015, PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES; (16) REQUIRE OWNERS OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS TO SUBMIT A PROPOSED PLAN FOR CLOSURE OF ALL IMPOUNDMENTS TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES; (17) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS PRACTICABLE, BUT NO LATER THAN AUGUST 1, 2019; (18) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH A SCHEDULE AND PROCESS FOR CLOSURE AND REMEDIATION OF ALL COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS BASED UPON THE DEPARTMENT'S RISK ASSESSMENT OF THESE SITES, BASELINE REQUIREMENTS SET BY THE GENERAL ASSEMBLY, EVALUATION OF PROPOSED CLOSURE PLANS SUBMITTED BY IMPOUNDMENT OWNERS, AND INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS; (19) ESTABLISH MINIMUM STATUTORY REQUIREMENTS FOR STRUCTURAL FILL PROJECTS USING COAL COMBUSTION PRODUCTS AND REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INVENTORY AND INSPECT CERTAIN STRUCTURAL FILL PROJECTS; (20) PLACE A MORATORIUM ON CERTAIN PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL MANAGEMENT COMMISSION TO STUDY THE ADEQUACY OF CURRENT LAW GOVERNING USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL AND FOR BENEFICIAL USE; (21) PLACE A MORATORIUM ON THE EXPANSION AND CONSTRUCTION OF COAL COMBUSTION RESIDUALS LANDFILLS UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED OPERATION OF THESE LANDFILLS; (22) STRENGTHEN THE REPORTING AND NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO WATERS OF THE STATE; (23) REQUIRE CERTAIN EMERGENCY CALLS TO BE RECORDED; (24) REQUIRE DEVELOPMENT OF EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (25) TRANSFER SOLID WASTE RULE-MAKING AUTHORITY FROM COMMISSION FOR PUBLIC HEALTH TO ENVIRONMENTAL MANAGEMENT COMMISSION; (26) AMEND COMPLIANCE BOUNDARY PROVISIONS; (27) PROVIDE FOR VARIOUS STUDIES; (28) REQUIRE THE STATE CONSTRUCTION OFFICE AND THE DEPARTMENT OF TRANSPORTATION TO DEVELOP TECHNICAL SPECIFICATIONS FOR USE OF COAL COMBUSTION PRODUCTS; AND (29) PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT. Enacted September 20, 2014. Effective September 20, 2014, except as otherwise provided.

     

  • Summary date: Aug 20 2014 - More information

    Conference report makes the following changes to the 5th edition:

    Changes the long title.

    Amends the prohibition/moratorium on the Utilities Commission granting an increase in base rates of an electric public utility for costs related to coal combustion residuals surface impoundments (impoundments) to end on January 15, 2015 (was, December 31, 2016).

    Amends the membership of the Coal Ash Management Commission (Commission), requiring that the representative of an electric membership corporation to be appointed to the Commission is to be appointed by the Speaker of the House of Representatives (previously, was to be appointed by the Governor) and that the member of the Commission required to have expertise in determining and evaluating costs associated with electricity generation and establishing rates associated with electricity consumption is to be appointed by the Governor (previously, was to be appointed by the Speaker of the House).

    Provides additional provisions regarding the Governor's appointment of the Commission's Chair requiring the Governor to make an initial appointment no later than October 1, 2014. If the appointment has not been made by that date, the Chair must be elected by a vote of the membership. Provides procedures for the appointment of subsequent Chairs, requiring the appointment to be no later than 30 days after the last day of the previous Chair's term. If that appointment has not been made in the provided timeline, the Chair must be elected by a vote of the membership of the Commission. 

    Provides that the Commission will be administratively located in the Division of Emergency Management of the Department of Public Safety [previously, was located in the Department of Environment and Natural Resources (DENR)]. Makes conforming changes. Provides that the members of the Commission will serve six year terms, effective July 1 of the year of the appointment. 

    Amends proposed GS 130A-309.205(a), concerning the invalidation of local ordinances that regulate coal combustion residuals or products, clarifying that local ordinances that regulate or have the effect of regulating carbon burn-out plants are invalidated. Makes technical changes.

    Amends proposed GS 130A-309.209, providing that if DENR has approved a different time-frame for the submittal of the proposed Groundwater Corrective Action Plan, that time-frame cannot exceed 180 days from the submission date of the Groundwater Assessment Report (previously, no limit on the time-frame was established).

    Amends GS 130A-309.210, concerning the identification and assessment of discharges, providing that the owner of an impoundment has until October 1, 2014 (was, August 1, 2014), to submit a proposed Plan for the Identification of New Discharges for review and approval. 

    Amends GS 130A-309.211 to provide that DENR has until December 31, 2015 (was, August 1, 2015), to develop proposed classifications for all impoundments. Adds the requirement that DENR, in developing the classifications and considering eight other factors, must also consider whether the impoundment is located within an area subject to a 100-year flood. No longer requires that the required notice of the declaration of a classification be given before issuing a proposed classification. Makes technical and clarifying changes. 

    Amends proposed GS 130A-309.212, concerning the closure of impoundments, providing new requirements for the closure of high-risk and low-risk impoundments, requiring that, at a minimum, (1) impoundments located in whole above the seasonal high groundwater table must be dewatered and (2) impoundments located in whole or in part beneath the seasonal high groundwater table must be dewatered to the maximum extent practicable. Makes reorganizational and clarifying changes. Provides that DENR cannot approve the closure of any low-risk impoundment unless it is established that the proposed closure plan includes design measures to prevent, upon the plan's full implementation, post-closure exceedances of groundwater quality standards beyond the compliance boundary attributable to constituents associated with the presence of the impoundment. Amends proposed GS 130A-309.212(b) concerning proposed Closure Plans for impoundments, providing that in making copies of closure plans available for inspection, DENR must provide for the reasonable availability of the plan in other locations (previously, provided that DENR could provide for the availability of the plan in other locations). Provides additional requirements that must be met in order for the Commission to approve a Closure Plan, including that the implementation of the plan is economically feasible and that it is protective of the public health, safety, and welfare; the environment; and natural resources (previously, must find that the benefits to public health, safety, and welfare; the environment; and natural resources outweigh the negative impacts on electricity costs and reliability). Also provides that the Commission can consider any impact on electricity costs and reliability but provides that this factor cannot be dispositive of the Commission's determination.

    Amends proposed GS 130A-309.213, concerning variance authority, providing that the Commission has the authority to grant a variance to extend any deadline for closure of an impoundment (previously, the Secretary of DENR had the authority to grant a variance). Provides that an owner of an impoundment cannot request a variance earlier than two years prior to the applicable deadline. Sets out requirements that must be met to apply and be approved for a variance including providing detailed information that the owner substantially complied with all other requirements and deadlines and that the owner has made a good faith effort to comply with the applicable deadline for closure. Also provides that within 30 days of the receipt of all public input received and required by this subdivision, DENR must submit a proposed variance to the Coal Ash Management Commission. Directs the Commission to evaluate all information submitted as well as any other information the Commission deems relevant. Provides that the Commission can only approve a variance if it determines that compliance with the deadline cannot be achieved by best available technology found to be economically reasonable and would produce serious hardship without equal or greater benefits to the public. Further requires the Commission to issue its determination in writing, including findings in support of its determination and provides that if the Commission fails to act on a variance request within 60 days of receipt, the variance will be deemed denied. Provides that parties aggrieved by a final decision of the Commission can appeal the decision pursuant to GS 150B, Article 3 (was, parties aggrieved by the Secretary of DENR can appeal the decision within 30 days of the date of the decision). Adds new provisions providing that granted variances cannot extend a deadline for an impoundment closure for more than three years beyond the applicable closure date of the impoundment and that no more than one variance can be granted per impoundment. 

    Amends GS 130A-309.216, concerning siting requirements for projects using coal combustion products for structural fill, making changes in order to provide that such products, when used as a structural fill, should not be placed (1) within 50 feet of any property boundary (was, within 200 feet); (2) within 300 horizontal feet of a private dwelling or well (was, within 500 horizontal feet of any source of drinking water, such as a well, spring, or other groundwater source); (3) within 50 horizontal feet of the top of the bank of a perennial stream or other surface water body (was, within 300 feet); (4) within 4 feet of the seasonal high groundwater table (same as previous edition); (5) within a 100-year floodplain,  except as authorized under GS 143-215.54A(b), provided the site located in the floodplain does not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human life, wildlife, or land or water resources (previously, only allowed if the project will be protected from inundation and washout, the flow of water is not restricted, and the storage volume of the floodplain will not be significantly reduced); and (6) within 50 horizontal feet of a wetland, unless, after consideration of the chemical and physical impact on the wetland, the Army Corps of Engineers issues a permit or waiver (was, 100 horizontal feet). Deletes provision that did not allow fill to be placed within 30 feet of a bedrock outcrop. 

    Requires that for the four specified impoundments, those located wholly above the seasonal high groundwater table must be dewatered while those wholly or partially below the seasonal high groundwater table must be dewatered to the maximum extent practicable.

    Establishes beginning dates and initial terms for the initial members of the Commission, providing that the terms of all the appointed members will begin and be effective on July 1, 2014. 

    Amends effective dates, providing that the first report due pursuant to GS 130A-309.210(e) is due November 1, 2014 (was, October 1, 2014), and that initial members of the Commission must be appointed by October 1, 2014 (was, September 1, 2014).

    Provides that the proposed changes to GS 143-215.1C, concerning reporting requirements for wastewater systems, are effective October 1, 2014 (was, September 1, 2014).

    Provides that the report required of the Commission regarding the beneficial use of coal combustion products rather than disposal must be submitted to the Environmental Review Commission no later than December 1, 2014. 

    Appropriates $1.75 million to DENR from the Coal Combustion Residuals Management Fund (Fund) to fund 25 new positions to carry out oversight of coal combustion products and coal combustion residuals. Appropriates remaining funds from the Fund after the above appropriation to the Department of Public Safety to fund five new positions to support the Commission. Specifies the assignment of the new positions. Effective July 1, 2014.

    Makes several technical changes. 


  • Summary date: Jul 3 2014 - More information

    House amendments make the following changes to the 4th edition, as amended:

    Amendment #22

    Amends the membership of the Coal Ash Management Commission, providing that the member to be appointed by the General Assembly, upon recommendation of the Speaker of the House, with special training or scientific expertise in waste management, including sold waste disposal, hauling, or beneficial use, can also be qualified for appointment for this specific appointment if the person is a representative of or on the faculty of a state college or university that conducts coal ash research without the special training or scientific expertise in waste management (previously, did not provide for alternative qualification for appointment by being a faculty member or representative of the specified college or university).  

    Amendment #24 

    Section 13.(b) of this act charges the Department of Environment and Natural Resources (DENR) with responsibility for reviewing and making recommendations on all the deadlines established under Part 21 of Article 9 of GS Chapter 130A as enacted by Section 3.(a) of this act. Amendment #24 directs DENR, at minimum, to identify (1) all the permits that may be required for the closure requirements set under this act and (2) the expected time-frames for issuing those permits. 

    Amendment #28

    Adds new Subpart 4 to new Part 21. Coal Ash Management, to provide that except as otherwise provided in Subpart 4, the provisions of Part 21 are to be enforced as provided in Article 1 of GS Chapter 130A. Sets the penalty for knowingly making false statements, representations, or certifications in any document filed or required to be maintained under Part 21 or a rule implementing Part 21. Makes the violation a Class 2 misdemeanor and provides that the penalty may include a fine of not more than $10,000.


  • Summary date: Jul 2 2014 - More information

    House amendments make the following changes to the 4th edition:

    Amendment #1

    Amends proposed GS 130A-309.212(a)(3), concerning the closure of low-risk impoundments, providing that such impoundments can be closed in any manner allowed pursuant to GS 130A-309.212(a)(1), but at a minimum they must be dewatered (previously, did not allow closure by any manner in GS 130A-309.212(a)(1)). 

    Directs the Coal Ash Management Commission to study how to promote, incentivize, and prioritize the beneficial use of coal combustion products over the disposal of coal combustion residuals. 

    Amendment #2

    Amends proposed GS 130A-309.203, concerning expedited permit review, providing that DENR must either issue or deny a permit required for dewatering of a retired impoundment within 90 days of receipt of a completed application. Directs DENR to accept written comment on draft permit decisions for a period of not less than 30 days or more than 60 days prior to issuance or denial of said permit.  Provides that if DENR fails to act within the above time period, an applicant can treat such failure as a denial of the permit and can challenge the denial as provided in GS Chapter 150B.

    Amendment #6

    Amends the language providing for the moratorium on cost recovery by electric public utilities, providing that any utility is not prohibited from seeking, nor is the Utilities Commission prohibited from authorizing, a deferral for costs related to coal ash impoundments. 

    Amendment #15

    Amends the membership of the Coal Ash Management Commission, deleting language that required one member to be employed or recently retired from an industrial manufacturing facility or be a representative of an electric membership corporation and replacing it with language requiring one of the members appointed by the Governor to be a representative of an electric membership corporation who has a background in power supply resource planning and engineering. Further provides that the member required to have a background in science or engineering in order to be appointed must have that science or engineering background in the manufacturing sector in order to be qualified for appointment. 

    Amendment #17

    Provides that the Department of Transportation must send the results of its study evaluating opportunities for the use of coal combustion to the Environmental Review Commission and the Joint Legislative Transportation Oversight Committee (previously, report was only to be submitted to the Environmental Review Commission).  

    Amendment #19

    Amends GS 143-215.31(a1), which directs the owner of a dam classified as a high-hazard dam or an intermediate-hazard dam to develop an Emergency Action Plan (EAP) for the dam. Amends the items that must be included in the EAP to also require security risks to be included in the description of potential emergency conditions that could occur.

    Provides that regardless of the provisions of GS 143-215.31, as amended by this act, the owners of all high-hazard and intermediate-hazard dams in operation on the effective date of this act must submit their EAPs to DENR and the Department of Public Safety no later than March 1, 2015 (was, October 1, 2015).

    Amends GS 143-215.30 to require the owner of a dam who legally transfers title to the dam to another as owner to provide DENR with written notice of the transfer within 30 days after title to the dam has been legally transferred. Requires the notice of transfer to include the name and address of the new dam owner. 


  • Summary date: Jul 2 2014 - More information

    House committee substitute makes the following changes to the 3rd edition:

    Changes the long title.

    Extends the prohibition/moratorium on the Utilities Commission granting an increase in base rates of an electric public utility for costs related to coal combustion residuals surface impoundments (impoundments) to December 31, 2016 (was, January 15, 2015).

    Amends proposed GS 130A-309.202, concerning the Coal Ash Management Commission (Commission), providing changes to specified appointees to the Commission, including requiring one member appointed by the General Assembly and recommended by the the Speaker of the House to have special training or scientific expertise in waste management, including solid waste disposal, hauling, or beneficial use (previously, required the member to be actively employed by, or recently retired from, an industrial manufacturing facility). Requires one member appointed by the Governor to be actively employed by, or recently retired from, an industrial manufacturing facility (previously, required the member to be a representative of an electric membership corporation pursuant to GS 117, Article 2) or be a representative of an electric membership corporation. Amends proposed language concerning the appointment of the Commission Chair, now providing that the Governor will appoint the Chair from among the Commission's members and that person will serve at the pleasure of the Governor, serving two-year terms (previously, the Commission was to have a Chair and Vice-Chair, selected by the Commission members to serve two-year terms). Provides that the Commission will be administratively located in the Department of Environment and Natural Resources (DENR) (previously, the Commission was located in the Division of Emergency Management of the Department of Public Safety). 

    Amends proposed GS 130A-309.205, concerning local ordinances that regulate coal ash combustion residuals and products, clarifying that the prohibition and invalidation of local ordinances, zoning regulations, and so forth that regulate or have the effect of regulating the management of coal combustion residuals and coal combustion products within the local government's jurisdiction also include any restrictions or conditions applied to facilities that primarily engage in processes to prepare coal ash for beneficial use, such as carbon burn-out plants.

    Amends proposed GS 130A-309.208, changing the deadline for the construction of new or the expansion of existing impoundments to August 1, 2014 (was, July 1, 2014).  

    Amends proposed GS 130A-309.209, providing that owners of an impoundment have 90 days after the submittal of the Groundwater Assessment Report or a time-frame otherwise approved by DENR to submit a proposed Groundwater Corrective Action Plan to DENR for its review and approval (the previous edition did not provide for an alternate time-frame approved by DENR). Requires the owner of an impoundment to, in the event that groundwater quality standards are exceeded for water from a drinking water supply well and attributable to the presence of the impoundment, provide potable drinking water within 24 hours of such a determination (previously, was within 30 days). Also requires the owner to provide an alternate supply of water that is safe for other household uses within 30 days of such a determination. Makes conforming changes.

    Amends proposed GS 130A-309.215, 130A-309.216, and 130A-309.217, lowering the threshold for requirement applicability for large structural fill projects to 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project (previously, threshold for the specified requirements to apply to a structural fill project was 10,000 or more tons of coal combustion products per acre or 100,000 or more tons of coal combustion products in total per project). 

    Amends proposed GS 130A-309.212, concerning the closure of impoundments, providing that low-risk impoundments are required to comply with the specified closure and post-closure requirements of the NC Administrative Code (Code), except that low-risk impoundments are not required to install and maintain a leachate collection system (previously, required low-risk impoundments to install a leachate system).  Makes conforming changes. Corrects a reference to the Code, now referencing Section .1205 of Subchapter T of Chapter 2 of Title 15A of the Code (was, Section .1200).

    Enacts new GS 130A-309.213, Variance authority, allowing the Secretary of DENR to grant a variance to any deadline for the closure of an impoundment pursuant to proposed GS 130A-309.212. Requires the owner of an impoundment to submit an application to DENR with the following required information; (1) identification of the site, (2) applicable requirements and applicable deadlines for which the variance is sought, and (3) detailed information as to why compliance with the deadline cannot be achieved by application of the best available technology found to be economically reasonable at the time and would produce serious hardship without equal or greater benefits to the public. Directs the Secretary of DENR, as soon as practicable, but no later than 60 days from receipt of such an application, to evaluate the application and information submitted to determine whether such information warrants the issuance of a variance.  Within 10 days of issuing a variance the Secretary of DENR must issue a written declaration of the variance that includes findings of fact. Provides for public participation on the proposed variance as provided in GS 130A-309.212(b). Provides for an appeal process for the parties aggrieved, as provided for in GS Chapter 10B, Article 3. 

    Makes conforming changes, renumbering proposed sections.

    Amends GS 130A-309.216, concerning design and siting requirements for projects using coal combustion products for structural fill, providing that such products, when used as a structural fill, should not be placed within 30 feet of a bedrock outcrop (was, 25 feet). 

    Amends proposed GS 130A-309.221, concerning inventory and inspection of structural fill projects, making technical changes to Code citations and adding that the specified structural fill projects will also be inspected to ensure compliance with Section .1200 of Subchapter T of Chapter 2 of Title 15A of the Code. 

    Makes technical changes in Part III of the act concerning statutory and Code references.

    Amends proposed GS 143-215.27A, concerning closure of impoundments to render such facilities exempt from NC Dam Safety Law, providing that the requirement that the decommissioning request include a statement that the impoundment facility has not received sluiced coal residuals for at least three years can be waived by the Division of Energy, Mineral, and Land Resources if proper evidence is presented by a NC registered professional engineer that the impounded material is not subject to liquid flow behavior. 

    Amends GS 143-215.1, concerning the control of sources of water pollution and corrective action required if groundwater standards are exceeded, providing that when operation of a permitted disposal system results in exceedances of the groundwater quality standards at or beyond the compliance boundary, the Environmental Management Commission (EMC) must require a permittee to undertake corrective action, regardless of when the system was first permitted, to restore groundwater quality. Sets out factors to be considered in developing a corrective action plan and schedule, including the extent of the violation of the standards. Directs the permittee to implement the plan and schedule as approved by the EMC Director or designee. 

    Directs DENR to review and make recommendations on all the deadlines established under Part 2I of Article 9 and report its findings to the Environmental Review Commission no later than December 1, 2014. 

    Deletes language that provided for the creation and funding of 25 positions in DENR to carry out management duties of coal combustion residuals and coal combustion products.  Also deletes language that provided for the creation and funding of 5 positions to provide support for the Coal Ash Management Commission. 

    Amends proposed GS 143-58.6, concerning the use of coal combustion products to add that it is the goal of the Department of Administration and the Department of Transportation to increase the usage and consumption of coal combustion products in their respective construction projects. 

     

     


  • Summary date: Jun 26 2014 - More information

    Senate amendments make the following changes to the 2nd edition.

    Amendment #9 rewrites subsection (a1) to GS 143-215.1C to direct the owner or operator of any wastewater collection or treatment works, for which a permit is issued under Part IV of this act, to report to the Department of Environment and Natural Resources, as soon as practicable, but no later than 24 hours (was, within 24 hours) after the owner or operator determines that a discharge of 1,000 gallons or more of untreated wastewater has reached the surface waters of the state.

    Amendment #10 makes a change to the bill's long title, inserting new (26) AMEND COMPLIANCE BOUNDARY PROVISIONS, and amending the remaining provisions of the long title accordingly. Adds aPART VII. AMEND COMPLIANCE BOUNDARY PROVISIONS.Amends GS 143-215.1, subsections (i), (j), and (k) as the Part title indicates. Retains provision that a compliance boundary may be established by rule or permit and the provision that multiple contiguous properties under common ownership and permitted for use as a disposal system are to be treated as a single property with regard to determination of a compliance boundary. Makes a conforming change, repealing Section 46(b) of SL 2013-413. Directs the Environmental Management Commission to review the compliance boundary and corrective action provisions of Subchapter 2L of Title 15A of the North Carolina Administrative Code for clarity and internal consistency. Requires the Commission to report the results of its review, along with any recommendations, to the Environmental Review Commission no later than December 1, 2014.

    Amendment #12 amends proposed GS 130A-309.212, which sets out the requirements for the closure of coal combustion residuals surface impoundments. Expands on the closure requirements and the content of the closure plan to be submitted by the owner of a high-risk impoundment and by the owner of a low-risk impoundment.

    Amendment #14 makes a change to the qualifications for one of the appointees by the General Assembly upon the recommendation of the Speaker of the House of Representatives to the nine-member Coal Ash Management Commission (CAMC). Requires that the appointee "...have expertise in determining and evaluating the costs associated with electricity generation and establishing the rates associated with electricity consumption," (was, "...have experience in the use of coal combustion residuals as structural fill for construction or development projects"). Provides for staggered terms for initial members of the CAMC for initial durations of 2 years to six years based on the required qualifications for the appointees as described in this act. Provides that subsequent to the staggered initial terms, all term lengths for all appointees is to be six years. Increases the number of receipt supported positions created in the Division of Emergency Management of the Department of Public Safety to carry out the duties in GS 130A-309.202 to five (was, four). Makes a clarifying change to fully identify the Coal Ash Management Commission.

    Amendment #15 makes a number of changes throughout this act. Makes technical corrections to the definition forcoal combustion residuals surface impoundment.Provides that the term includes a coal combustion residuals surface impoundment that has been covered with soil or other material after the final deposition of coal combustion (was, covered with soil). Makes additional technical corrections and clarifying changes throughout the act.

    Amends Section 4.(d) in Part III to direct DENR and the Environmental Management Commission (EMC) to review the uses of coal combustion products as structural fill and the regulation of this use under this act to determine if the regulatory requirements are sufficient to protect public health. Amends Section 13 in Part VII to require the Department of Transportation to evaluate additional opportunities for using coal combustion products (was, residuals) in building and maintaining roads and bridges within the state.

    Amends Section 2.(a) to provide that the moratorium on cost recovery by an electric public utility does not apply to the net recovery of any fuel and fuel-related costs under GS 62-133.2. Clarifies that the moratorium in this section ends on January 15, 2015. Provides that the Utilities Commission is not to authorize an electric public utility to recover any of the costs (was, any additional costs) related to coal combustion residuals surface impoundments that were not included in the utility's cost of service approved in its most recent general rate case.

    Amends proposed GS 130A-309.212 to require that the closure plans for impoundments be conducted under the requirements of the newly specified section of the North Carolina Administrative Code. Makes additional changes regarding applicable rules of the NC Administrative Code regarding impoundment closings, the study, assessment, and review of the uses of coal combustion products for other beneficial uses and the review of new Subpart 3.

    Adds the requirement that closure plans include projected costs for assessment, corrective action, closure and post-closure care.

    Amends new Part 21 of Article 9 of GS Chapter 130A. Deletes the definition for "mine." Adds a definition for "open pit mine," meaning an excavation made at the surface of the ground for the purpose of extracting minerals, inorganic and organic, from their natural deposits. Amends the definition for "structural fill" to include fill used to reclaim open pit mines.

    Changes the time limits for expedited permit review. Directs the Department to issue a draft permit decision within 90 days (was, within 60 days) of determining that the application is complete and to issue a final permit decision on an application for a permit within 60 days (was, 30 days) after the comment period on the draft permit decision closes.

    Although modifications to an approved closure plan for a Coal Combustion Residuals Surface Impoundment require a written request from the owner seeking the modification, the written approval of DENR, and public notice of the change, minor technical modifications to a closure plan may be made under standard DENR procedures for such minor modifications without written approval from DENR or public notice of the change.

    Amends the design requirements for projects using coal combustion products for structural fill to delete the requirement that coal combustion products be compacted in lifts that are not more than one foot in thickness.

    Amends the catch phrase for proposed GS 130A-309.215 to read, "Design, construction, and siting requirements for projects using coal combustion products for structural fill," (was, Design requirements for projects...).

    Amends the minimum requirements for the components of the liner system necessary for large structural fills to include a cap system (was, a cap liner) meeting newly specified design and construction requirements to minimize infiltration and erosion as indicated in this section.

    Adds new subsection (c) to proposed GS 130A-309.215 to prohibit the placement of structural fill facilities on sites with specified geographic characteristics.

    Modifies the guidelines for maintaining and operating the leachate collection system for large structural fill projects, and for determining when the constructor or operator may be allowed to stop managing leachate.

    Amends the title of proposed GS 130A-309.210 to clarify that it deals with the identification and assessment of discharges, and the correction of unpermitted discharges. Amends subsection (a) to clarify its focus on identification of discharges (was, unpermitted discharges) from Coal Combustion Residuals Surface Impoundments. Makes additional conforming changes, replacing the phrase "unpermitted discharges" with discharges. However, subsection (c) continues to provide for corrective action to prevent unpermitted discharges from coal combustion residuals surface impoundments to the surface waters of the state. Eliminates the following as methods of proposed corrective action: (1) capture and rerouting of the unpermitted discharge through a permitted outfall and (2) implementation of best management practices to prevent the unpermitted discharge. Clarifies that an application for a National Pollutant Discharge Elimination System permit amendment under GS 143-215.1 and Subchapter H of Chapter 2 of Title 15A of the North Carolina Administrative Code to bring the unpermitted discharge under permit regulations is a valid method of proposed corrective action.

    Also specifies that the owner of a coal combustion residuals must submit a topographic map that identifies all locations of seeps and weeps discharging from the impoundment and monitors other measures regarding the seep and weep factor (was, monitor seep). Makes additional conforming changes to add the phrase "seep and weep" (was, seep).

    Enacts new GS 143-215.27A delineating procedures for decommissioning a coal combustion residual surface impoundment facility in order to make the decommissioned facility exempt from the North Carolina Dam Safety Law of 1967. Specifies five items that the decommissioning request must minimally contain, including a proposed geotechnical investigation plan scope of work and a topographic map depicting existing conditions of the containment dam and impoundment area at two foot contour intervals.

    Provides that the Division of Energy, Mineral, and Land Resources must conduct a preliminary review of the decommission request for completeness and approval of the proposed geotechnical investigation plan scope of work. The owner is then notified by letter with the results of the preliminary review. After receiving a letter approving the preliminary geotechnical plan scope of work, the owner can proceed with field work and development of the geotechnical report. Upon receiving the geotechnical report, the Division of Energy, Mineral, and Land Resources is directed to complete the submittal review. Specifies procedures for completing the submittal review. Final approval for the decommission comes in the form of a letter stating the facility is now decommissioned and no longer under the jurisdiction of the Dam Safety Law of 1967.

    Provides that GS 130A-309.202, as enacted by Section 3(a) of the act is repealed on June 30, 2030.

    Amends the effective date for proposed to GS 62-302.1, regulatory fee for combustion residual surface impoundments, providing that it becomes effective July 1, 2014 and expires on April 1, 2030, applying to jurisdictional revenues earned on or after July 1, 2014 and before April 1, 2030. Further provides that the remainder of Section 14 of the act will become effective on July 1, 2014 (previously, the entire section became effective on July 1, 2014).


  • Summary date: Jun 25 2014 - More information

    Senate amendments to the 2nd edition are to be summarized.


  • Summary date: Jun 24 2014 - More information

    Senate amendments make the following changes to the 2nd edition:

    Amendment #1

    Changes the long title.

    Adds new Part IX to the act, SPECIFICATIONS FOR USE OF COAL ASH COMBUSTION PRODUCTIONS IN PUBLIC PROCUREMENT, which enacts a new GS 143-58.6 directing the State Construction Office and the Department of Transportation to develop recommended technical specifications for the use of coal combustion products that may be used in construction. Directs the above agencies to consider safety, best practice engineering standards, quality, cost, and availability of an in-state source of coal combustion products in developing the recommended technical specifications.  The recommended technical specifications are to be reported to the Environmental Review Commission and the Joint Legislative Transportation Oversight Committee on or before February 1, 2015. 

    Makes conforming changes.

    Amendment #3

    Amends GS 130A-309.217, increasing the number of years  a constructor or operator of large structural fill projects must conduct post-closure care from 20 to 30 years. 

     


  • Summary date: Jun 17 2014 - More information

    Unless otherwise indicated, the Senate Committee substitute to the 1st edition deletes the provisions of the previous edition and adds the following provisions. 

    Deletes the whereas clauses.

    Part I.

    Adds new Part I.

    Enacts new GS 62-133.13 prohibiting the Utilities Commission from allowing an electric public utility from recovering from the customers costs that result from an unlawful discharge to the surface waters of the state from a coal combustion residuals surface impoundment, unless it is determined that the discharge was due to an event of force majeure (an event that cannot be reasonably anticipated or controlled). Effective when the act becomes law and applies to discharges occurring on or after January 1, 2014. Prohibits the Utilities Commission from issuing an order authorizing an electric public utility the recovery of any additional costs related to coal combustion residuals surface impoundments until the end of the moratorium. Prohibits the Utilities Commission from entering a final order granting an increase in base rates of an electric public utility for costs related to coal combustion residuals surface impoundments before January 15, 2015. 

    Part II.

    Adds new Part II.

    Enacts new Part 2I, Coal Ash Management, in Article 9 of GS Chapter 130A, referred to as the Coal Ash Management Act of 2014. Sets out terms and their definitions. Establishes the nine member Coal Ash Management Commission, with members appointed by the General Assembly and Governor, as specified. Gives the Coal Ash Management Commission the power to (1) review and approve the classification of coal combustion residuals surface impoundments, (2) review and approve Coal Combustion Residuals Surface Impoundment Closure Plans, (3) review and make recommendations on the provisions of this Part and other statutes and rules related to managing coal combustion residuals, and (4) undertake any additional requested studies. Requires disclosure of potential conflicts of interest. Classifies members as covered persons for purposes of the State Government Ethics Act.  Members must be appointed no later than September 1, 2014.

    Requires the Department of Environment and Natural Resources (DENR) to act as expeditiously as practicable, but no later than the deadlines established in the new statute, to issue all permits necessary to conduct activities required by the Part. Requires DENR to determine whether an application for any necessary permit is complete within 30 days after receiving the application. Allows for applicants to cure deficiencies and specifies deadlines for final determinations as to whether an application is complete. Specifies deadlines and public hearing requirements for draft permit decisions and sets the deadline for issuing a final permit decision.

    Requires DENR to submit quarterly written reports to the Environmental Review Commission (ERC) and the Coal Ash Management Commission (Commission) on issues related to DENR's obligations under this Part concerning coal combustion residuals surface impoundments. Specifies items to be included in the report. Requries DENR to report, by October 1 of each year, to each member of the General Assembly who has a coal combustion residuals surface impoundment in the member's district; specifies information to be included in the report. Requires a public utility generating coal coal combustion residuals and coal combustion products to submit an annual summary, by October 1 of each year, to DENR; specifies items that must be included in the summaries.

    Invalidates all provisions of local ordinances that regulate or have the effect of regulating the management of coal combustion residuals and coal combustion products within the local government's jurisdiction, to the extent necessary to effectuate the purposes of this Part, that (1) place any restriction or condition not placed by this Part upon management of coal combustion residuals and coal combustion products within any county, city, or other political subdivisions or (2) conflict with, or are in any manner inconsistent with, the Part's provisions. Provides that if a local zoning or land use ordinance imposes requirements, restrictions, or conditions that are generally applicable to development, and coal combustion residuals and coal combustion products would be regulated under the ordinance of general applicability, the operator of the proposed activities may petition the Environmental Management Commission (EMC) to review the matter. Sets out petition hearing requirements. Provides that a local zoning or land use ordinance is presumed to be valid and enforceable to the extent that it imposes requirements, restrictions, or conditions that are generally applicable to development, unless the EMC makes a finding of fact to the contrary. Specifies findings that must be made before the EMC may preempt local ordinances and sets out the timeframe during which the preemption decision must be made. The EMC's decision is final unless a party to the action files a written appeal within 30 days of the decision. 

    Adds a severability clause.

    Requires the EMC to adopt rules necessary to implement the Part and makes the rules exempt from GS 150B-19.3 (limitation on certain environmental rules).

    Prohibits the construction of new and expansion of existing coal combustion residuals surface impoundments on or after July 1, 2014. Prohibits, on or after October 1, 2014, the disposal of coal combustion residuals into a coal combustion residuals surface impoundment at an electric generating facility where the coal-fired generating units are no longer producing coal combustion residuals. Prohibits, on or after December 31, 2018, the discharge of stormwater into a coal combustion surface impoundment at an electric generating facility where the coal-fired generating units are no longer producing coal combustion residuals. Prohibits, on or after December 31, 2019, the discharge of stormwater into a coal combustion surface impoundment at an electric generating facility where the coal-fired generating units are actively producing combustion residuals. Requires that on or before December 31, 2018, all electric generating facilities owned by a public utility convert to the disposal of dry fly ash, or retire the facility. Requires that on or before December 31, 2019, all electric generating facilities owned by a public utility convert to the disposal of dry bottom ash, or retire the facility.

    Requires the owner of a coal combustion residuals surface impoundment to conduct groundwater monitoring and assessment.  Requires owners, by December 31, 2014, to submit a proposed Groundwater Assessment Plan to DENR for approval. Requires that implementation of the plan begin no later than 10 days after it is approved. Also requires the owner to submit a Groundwater Assessment Report to DENR no later than 180 days after the plan is approved. Requires an owner to submit, no later than 90 days after submitting the Groundwater Assessment Report, a proposed Groundwater Corrective Action Plan to DENR for approval; specifies items that must be included in the action plan. Requires that the action plan implementation begin no later than 30 days from the approval of the action plan. Requires the owner of a coal combustion residuals surface impoundment to conduct, no later than October 1, 2014, a Drinking Water Supply Well Survey (Well Survey) that identifies all drinking water supply wells within one-half mile from the established compliance boundary of the impoundment. Directs that the Well Survey be submitted to DENR. Requires DENR to determine based on the Well Survey and no later than December 1, 2014, which drinking water supply wells the owner must sample, how frequently the samples must be taken, and for what time period the sampling must be done. Provides actions that may be taken by DENR and requirements that DENR may impose on the owners based on the sampling and water quality analysis results, including providing an alternate supply of drinking water. Requires the owner to submit, by January 31 of each year, an annual Groundwater Protection and Restoration Report that includes a summary of all groundwater monitoring, protection, and restoration activities related to the impoundment for the preceding year.

    Requires, no later than December 31, 2014, the owner of a coal combustion residuals surface impoundment to submit to DENR a topographic map that identifies the location of (1) outfall from engineered channels designed for collecting water from the toe of the impoundment, and (2) seeps discharging from the impoundment that are not captured by engineered channels designed for collecting water from the toe of the impoundment. Sets out requirements for the topographic maps. Requires the owner of a coal combustion residuals surface impoundment to conduct an assessment of unpermitted discharges from the impoundment to the state's surface waters. Requires the owner to submit to DENR, no later than December 31, 2014, a proposed Unpermittted Discharge Assessment Plan; requires implementation of the plan no later than 30 days after approval. Requires DENR to notify an owner if it is determined than an unpermittted discharge from a coal combustion residuals surface impoundment has violated surface water quality standards. Requires an owner, no later than 30 days from the notification, to submit a proposed Unpermitted Discharge Corrective Action Plan to DENR; specifies items that must be included in the plan. Requires that the owner begin implementation of the Corrective Action Plan no later than 30 days after it is approved. Requires the owner of a coal combustion residuals surface impoundment to submit, no later than August 1, 2014, a proposed Plan for the Identification of New Unpermitted Discharges to DENR for approval. Species items that must be included in the Plan and requires implementation of the Identification Plan no later than 30 days after it is approved. Requires that an owner of a coal combustion residuals surface impoundment submit to DENR an annual Surface Water Protection and Restoration Report no later than January 31 of each year. The first report is due October 1, 2014.

    Directs DENR, as soon as is practical but no later than August 1, 2015, to develop proposed classifications for all coal combustion residual surface impoundments, including active and retired sites, for the purpose of closure or remediation of the impoundments. Directs DENR to assess the risk of these sites to public health, safety, and welfare; the environment; and natural resources and requires DENR to determine a schedule for closure and required remediation based on the degree of risk from these sites. Authorizes DENR to request other information from the owner or operator of an impoundment which DENR deems relevant, and specifies factors that, at minimum, DENR should consider. Directs DENR to issue a proposed classification for each impoundment based upon the assessment, classifying the impoundments as low-risk, intermediate-risk, or high-risk. Requires the Secretary of the Environment and Natural Resources (Secretary) to issue a written declaration that includes findings of fact and documents the proposed classification within 30 days after a proposed classification has been issued. Requires that DENR make copies of the written declaration issued under this section available for inspection and specifies that copies should be provided to the local health director, posted on DENR’s web site, and placed at the local public library and other locations to ensure accessibility to the public. Provides that before a final classification of an impoundment is issued, DENR must give notice of the intent to issue the written declaration. Specifies timeframe for posting notice and guidelines governing the posting of notice via differing mediums. Requires DENR to hold a public meeting to explain the written declaration to the public no later than 60 days after the issuance of the written declaration. Provides that the public meeting is to be held in the county or counties in which the site is located. Also specifies timelines to allow receipt of written comment on the declaration. Requires the Department to submit a proposed classification to the Commission within 30 days of receiving all written comments. Provides that the Commission may only approve the classification if it is determined that the classification was developed in accordance with the statute and that the classification accurately reflects the level of risk posed by the impoundment. The classification is deemed approved if the Commission fails to act within 60 days.

    Requires an owner of a coal combustion residuals surface impoundment to submit a proposed Coal Combustion Residuals Surface Impoundment Closure Plan for DENR's approval. Specifies requirements and closure deadlines that apply to the plans depending on the impoundment's risk classification. High-risk impoundments must be closed by December 31, 2019, intermediate-risk impoundments by December 31, 2024, and low-risk impoundments by December 31, 2029. Further specifies items that must be included in the Closure Plan. Requires DENR to review the Closure Plan for consistency with the requirements as to whether the Plan is protective of public health, safety and welfare; the environment; and natural resources. Requires that DENR, before issuing a decision on the Closure Plan, make copies of the Closure Plan available to specified entities and in specific public places; give notice as specified in the act; and conduct a public meeting no later than 60 days after receiving the Closure Plan. Specifies timeframes within which comments are allowed. Requires DENR to disapprove a Closure Plan unless DENR finds that the Closure Plan is protective of public health, safety, and welfare, the environment, and natural resources, and otherwise complies with this Part. Allows the person submitting the Closure Plan to seek review as provided under Article 3 (Administrative Hearings) of GS Chapter 150B if DENR disapproves the plan. Requires DENR to submit an approved Closure Plan to the Commission within 30 days of approval. Provides that the Commission may approve the Closure Plan only if it determines that the plan was developed in accordance with the statute; that the implementation of the plan according to the plan's schedule is technology feasible; and that the benefits to public health, safety, and welfare; the environment; and natural resources outweigh the negative impacts on electricity costs and reliability. If the Commission does not act within 60 days, the Closure Plan is deemed approved. Allows for appeals of the Commissions' final decision as provided under Article 4 (Judicial Review) of GS Chapter 150B. Requires the owner to begin implementation of the approved plan as soon as practicable, but no later than 60 days after approval. 

    Deletes Part IX of the previous edition (temporary moratorium on structural fill).

    Provides that projects using coal combustion products as structural fill involving the placement of less than 10,000 tons of coal combustion products per acre or less than 100,000 tons of products in total per project which proceed in compliance with the statute and related rules are deemed permitted. Requires receiving an individual permit from DENR for projects using coal combustion residuals as structural fill involving the placement of 10,000 or more tons of coal combustion products per acre, or 100,000 or more tons of products in total per project. Specifies information that must be submitted to DENR at least 60 days before initiation of a proposed project using coal combustion products as structural fill.

    Sets out specific requirements for the design, construction, and operation of structural fill sites. Requires projects involving placement of 10,000 or more tons of coal combustion products per acre or 100,000 or more tons of product in total per project to have an encapsulation liner system. Sets out requirements for the liner system.

    Requires applicants for projects  to construct or operate a structural fill for projects involving placement of 10,000 or more tons of coal combustion products per acre or 100,000 or more tons of product in total per project to establish financial assurance that will ensure that sufficient funds are available for facility closure, post-closure maintenance and monitoring, any corrective action required, and to satisfy any potential liability for accidents and subsequent costs incurred by DENR in responding to an incident. Specifies several ways in which the sufficient availability of funds may be established. Requires a permit holder to maintain financial responsibility and provide any requested information in order to continue to hold a permit for a structural fill.

    Requires the final cover to be applied over the coal combustion product placement area no later than 30 working or 60 calendar days, whichever is less, after coal combustion product placement has stopped. Specifies other requirements that must be met when the project has closed. Specifies additional closure and post-closure requirements for projects involving placement of 10,000 or more tons of coal combustion products per acre or 100,00 or more tons of product in total per project, and requires that post-closure care be conducted for 20 years.

    Requires the owner of land where coal combustion products have been used in volumes of more than 1,000 cubic yards to file a statement of the volume and locations of the coal combustion residuals with the register of deeds in the county where the property is located. Specifies items that must be included in the statement and the process for recordation. 

    Allows DENR and the Department of Transportation (DOT) to agree on specific design, construction, siting, operation, and closure criteria that may apply to DOT structural fill projects.

    Requires DENR to prepare, by July 1, 2015, an inventory of all structural fill projects with a volume of 10,000 cubic yards or more. Requires DENR to inspect those projects at least annually for compliance with laws related to construction and operation of the project or facility.

    Despite the new statutes, classifies the following coal combustion residuals surface impoundments as high-risk and requires that they be closed as soon as practicable, but no later than August 1, 2019: (1) impoundments located at the Dan River Steam Station, operated by Duke Energy Carolinas, located in Rockingham County; (2) impoundments located at the Riverbend Steam Station, operated by Duke Energy Carolinas, located in Gaston County; (3) impoundments located at the Asheville Steam Electric Generating Plant, operated by Duke Energy Progress, located in Buncombe County; and (4) impoundments located at the Sutton Plant, operated by Duke Energy Carolinas, located in New Hanover County. Requires that these impoundments be dewatered; that all coal combustion residuals be removed from the impoundments and transferred for disposal in specified types of landfills or used in a structural fill or any other legal, beneficial use; and requires corrective action to restore groundwater quality to be implemented where groundwater quality is degraded as a result of the impoundment.

    Deletes the proposed changes to GS 130A-290(a)(35) and GS 143-213(18) and instead amends GS 130A-290 by replacing the term combustion products with coal combustion residuals and the term combustion products landfill with coal combustion residuals landfill. Adds that coal combustion residuals does not include coal combustion products as defined in GS 130A-309.201. Amends the term "open dump" to mean any facility or site where solid waste is disposed of that is not a sanitary landfill and that is not a coal combustion residuals surface impoundment or a facility for the disposal of hazardous waste. Amends the term "solid waste" to add that the term includes coal combustion residuals.  

    Part III.

    Prohibits the use of coal combustion products, as structural fill until August 1, 2015, in order to allow DENR, EMC, and the General Assembly time to review and evaluate the use of coal combustion residuals as structural fill. Allows coal combustion products to be used as structural fill for (1) projects where the fill is used with a base liner, leachate collection system, cap liner, groundwater monitoring system and where the constructor or operator establishes financial assurance, or (2) as the base or sub-base of a concrete or asphalt paved road constructed under the authority of a public entity. Requires DENR and the EMC to review subpart 3 (use of coal combustion products in structural fill) of Part 2I and 15A NCAC 13B .1701, et seq. Specifies activities that must be included in the review and requires a report to the ERC by January 15, 2015. Requires all electric generating facilities owned by a public utility producing coal combustion residuals and coal combustion products to issue a request for proposals on or before December 31, 2014 for (1) the conduct of a market analysis for the concrete industry and others that might beneficially use coal combustion residuals and coal combustion products; (2) study the feasibility and advisability of installation of technology to convert existing and newly generated coal combustion residuals to commercial grade coal combustion products suitable for use in the concrete industry and others; and (3) an examination of all innovative technologies that might be applied to diminish, recycle or reuse, or mitigate the impact of coal combustion residuals. Requires all electric general facilities to present the material and formation received and an assessment of that information to the EMC and the Commission by August 1, 2016.

    Establishes a moratorium on the construction of new or expansion of existing coal combustion residuals landfills. Requires DENR to evaluate each coal combustion residuals landfills currently operating in the state and assess specified risks of coal combustion residuals surface impoundments located beneath coal combustion residuals landfills to determine the advisability of continued operation. Requires a report to the ERC no later than January 15, 2015.

    Part IV. 

    Part includes language from Section 1 of the previous edition with the following changes.

    Amends the caption of GS 143-215.1C. Amends proposed GS 143-215.1C (a1) to specify that the discharge reporting requirements apply to owners or operators that have been issued a permit. Requires reporting a discharge of 1,00 gallons or more of untreated wastewater to the state's surface waters to DENR within 24 hours after determining that the discharge has reached the surface waters (was, 1,00 galls or more of untreated wastewater or wastewater containing coal combustion products, or a spill of any amount of untreated wastewater or wastewater containing coal combustion products that reaches waters of the state). Makes conforming changes and deletions in (b) of the statute. Also deletes language adding requirements concerning notice to counties immediately downstream. Makes the changes to GS 143-215.1C effective September 1, 2014. Amends GS 166A-19.12 to require recording all calls to the 24 hour Operations Center emergency hotline and requires keeping the recordings for at least one year.

    Part V.

    Amends proposed changes to GS 143-215.27 to specify that emergency repairs to dams may be started immediately (was, all repairs); makes conforming changes.

    Deletes proposed GS 143-215.31(f) and instead proposes (a1), which does the following. Requires the owner of a high hazard dam or an intermediate hazard dam to develop an Emergency Action Plan, which must be submitted within 90 days of classification to DENR and to the Department of Public Safety for approval. Sets out four items that must be included in the Action Plan. Requires the Action Plan to be updated annually. Requires information in the Action Plan that constitutes sensitive public security information to be maintained as confidential information and provides that it is not subject to disclosure under the Public Records Act. Requires that Actin Plans be submitted by October 1, 2015.

    Instead of repealing SL 2009-390 Section 3(b), amends Section 3(b) to provide that any impoundments or other facilities that were in use January 1, 2010, in connection with nonnuclear electric generating facilities under the Utilities Commission's jurisdiction, and that were exempted under GS 143-215.25A(f) before January 1, 2010, are deemed to have received all of the necessary approvals from DENR and the Commission for Safety.

    Amends GS 143-215.32 to delete proposed (e) and (f) and instead moves those provisions into new (a1) with the following changes. Specifies that the owner of a coal combustion residuals surface impoundment must conduct the weekly impoundment inspection. Amends the inspection requirements to include erosion or enlarged seeps on structures. Also requires inspection for any other abnormal conditions at the impoundment that could pose (was, may pose) a risk to public health, safety or welfare, the environment, or natural resources (was, health or safety risk). Requires that observed conditions be documented with DENR and a registered professional engineer. Requires the engieer to investigate the condition, and if necessary, develop a plan of corrective action. Requires the owner to provide documentation of the completed corrective action to DENR.  Adds the requirement that DENR inspect, at least annually, each dam associated with a coal combustion residuals surface impoundment. Makes clarifying changes to the requirement that impoundments be inspected annually by an independent registered professional engineer.

    Deletes the appropriation to DENR.

    Part VI.

    Adds new Part 6, which amends various sections of GS Chapter 130A, with the purpose of transferring all rule-making authority regarding solid and hazardous waste management from the Commission for Public Health to the EMC. Makes technical and conforming changes throughout GS Chapter 130A.

    Part VII.

    Adds new Part 7, requiring the Commission to study whether and under what circumstances no further action or natural attenuation is appropriate for coal combustion residual surface impoundments classified as low-risk. Directs the commission to consider (1) whether there is any contact or interaction between coal combustion residuals and groundwater or surface water, (2) whether the area has reverted to a natural state, as evidenced by wildlife and vegetation, and (3) whether no further action or natural attenuation would be protective of public health, safety, and welfare; the environment; and natural resources. Results of the study, and any recommendations, are to be submitted to the ERC no later than October 1, 2015.

    Also requires the DOT to evaluate additional opportunities for the use of coal combustion residuals in constructing and maintaining roads and bridges in NC. Results and recommendations are to be submitted to the ERC no later than December 1, 2014.

    Part VIII.

    Adds new Part 8 enacting new GS 62-301.1, regulatory fee for combustion residual surface impoundments, establishing a new regulatory fee in order to defray costs to NC for coal combustion residuals oversight. Provides that this fee is in addition to the regulatory fee imposed by GS 62-302 and the collected fees can only be used to pay expenses incurred by the Commission and DENR in providing oversight of coal combustion residuals. The is set at 0.03% of the jurisdictional revenues of public utilities with an impoundment. Sets out schedule for when fees are to be submitted.  Creates the Coal Combustion Residuals Management Fund.

    Appropriates $1.75 million to DENR from the Coal Combustion Residuals Management Fund to fund 25 new positions to carry out oversight of coal combustion products and coal combustion residuals. Appropriates remaining funds after the above appropriation to the Commission to fund 4 new positions to support the Commission. Specifies the assignment of the new positions.

    Part IX.

    Adds new Part 9, a severability clause, providing that if any part is held to be invalid, such invalidity does not affect other provisions of the bill.

    Unless otherwise indicated, effective when the act becomes law.

     

    Makes conforming changes to the act’s title.


  • Summary date: May 14 2014 - More information

    Includes a number of "whereas clauses" regarding adequately addressing the issue of coal ash storage in North Carolina.

    Amends GS 143-215.1C to require the owner or operator of any wastewater collection or treatment works to report (1) a discharge of 1,000 gallons or more of untreated wastewater or wastewater containing coal combustion products or (2) a spill of any amount of untreated wastewater or wastewater containing coal combustion products that reaches state waters to the Department of Environment and Natural Resources (DENR) as soon as possible but no later than 24 hours after first knowledge of the discharge. Provides that this reporting requirement is in addition to any other reporting requirements applicable to the owner or operator. Makes additional conforming changes to GS 143-215.C to clarify its notification requirements.

    Amends subsection (c) of GS 143-215.1C regarding publishing notice of the discharge of untreated waste. Requires notice of discharges of 15,000 gallons more of untreated wastewater or waste to surface waters. Defines untreated waste as it is defined in GS 143-213(18): (1) sewage, (2) industrial waste, (3) toxic waste, and (4) other waste as specified in the definition. Requires that the owner or operator issue a press release regarding the spill within 24 hours (was, 48 hours) after first knowledge of the spill.

    Enacts new GS 143-215.1D, Coal combustion products impoundment water monitoring program. Sets the schedule and procedures for owners of coal ash impoundments located at all investor-owned public utilities (owner or owners) to conduct groundwater monitoring. Additionally, requires these owners to conduct and submit a water supply receptor survey to the Division of Water Resources (Division) within 60 days of enactment of this Act. Requires an owner to replace the water supply with a supply of potable drinking water for any well that exceeds the groundwater standards.Requires owners to submit an annual report to the Division no later than January 31 of each year that includes (1) a summary of all monitoring data collected over the year, (2) status of Plans and Final Corrective Action Plans, and (3) a summary of water supply receptor survey results.

    Enacts new GS 143-215.1E, Identify and address unpermitted wastewater discharges at coal combustion products impoundment sites. Sets out aplan that mandates the schedule and procedures for owners to follow in identifying and addressing unpermitted wastewater discharges.

    Makes a conforming change, repealing Section 3.(b) of SL 2009-390, which provided that certain nonnuclear electric generating facilities under the NC Utilities Commission were not required to submitapplication, certificate, or other materials in connection with the continued normal operationand maintenance of those facilities.

    Adds two new subsections to GS 143-215.31. New subsection (f) requires owners of high and immediate hazard dams to develop, at their own expense, an Emergency Action Plan (Plan) for their dam and submit the Plan in triplicate copy to DENR by January 1, 2015. Specifies what provisions the Plan must minimally contain. Subjects a dam owner who fails to provide DENR with a Plan in triplicate copy by January 1, 2015, to enforcement procedures under GS 143-215.36. Requires that dam owners update their Plan annually and submit the updated Plan to DENR each year subsequent to January 1, 2015. Subsection (g) exempts documents or parts of documents submitted in the Plan that contain sensitive public security information from disclosure under the North Carolina Public Records Act.

    Amends GS 143-215.27, Repair, alteration, or removal of dam, to require notice to DENR of proposed repairs necessary to safeguard life and property as soon as possible and no later than 24 hours after first knowledge that emergency repairs are necessary. Additionally requires that the repairs be made to conform to DENR's orders.

    Amends GS 143-215.32 to require the inspection of each coal combustion products impoundment weekly and after storms for the occurrence of any abnormal conditions. Requires that documentation of any observed abnormalities be provided to a registered professional engineer for further investigation and appropriate action. Requires an annual inspection by an independent registered professional engineer of each coal combustion products impoundment located at investor-owned public utilities. Requires that the inspection report be submitted to DENR within 30 days of completion and that it be placed on a publicly accessible internet site.

    Amends the definition of solid waste as defined in GS 130A-290(a)(35) to include combustion products removed from impoundments subject to permits under Section 402 of the Water Pollution Control Act, as amended (PL 92-500), and permits granted under GS 143-215.1 by the Environmental Management Commission. Makes a conforming change to GS 143-213(18), which defines waste.

    Establishes a temporary moratorium on the use of coal combustion products as a structural fill unless the fill is used under an airport runaway or base or sub-base of a concrete or asphalt paved road, constructed under the authority of a public entity. Makes the moratorium under this section in effect until the rules are amended by the Commission for Public Health for the management of coal combustion productss. Provides that the moratorium does not apply to structural site fills of less than 5,000 cubic yards. Effective when this act becomes law and applies only to coal combustion products structural fills that have not begun construction or have not recived a permit to begin construction on or before that date.

    Enacts new GS 143-215.74Q to establish procedures and policies for closure of coal combustion products impoundments to protect groundwater and surface water. Directs DENR to establish the priority for the closure of active and inactive investor-owned coal combustion products impoundments. Directs the owner of the active or inactive coal ash ponds to propose the schedule for beginning closure activities and to submit a schedule that conforms to the time frame established by DENR. Provides a schedule for submitting a closure plan and specifies the elements that the closure plan must contain. Requires that the owner also provide a post-closure plan for a minimum of 30 years. Specifies the contents of the post-closure plans.

    Enacts new GS 143-215.37A delineating procedures for decommissioning a coal combustion products impoundment facility in order to make the decommissioned facility exempt from the North Carolina Dam Safety Law of 1967. Specifies what the decommissioning request must minimally contain. Provides that the Division of Energy, Mineral, and Land Resources must conduct a preliminary review of the decommission request for completeness and approval of the proposed geotechnical investigation plan scope of work. Upon receiving the geotechnical report, the Division of Energy, Mineral, and Land Resources is directed to complete the submittal review.

    Includes a schedule for the submission of the closure plan for the following: Riverbend, Asheville, Dan River, and Sutton.

    Appropriates $1.4 millionfor the 2013-14 fiscal year from the General Fund to DENR to establish nineteen permanent conditions and associated operating costs to implement this act.


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