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View NCGA Bill Details2011-2012 Session
Senate Bill 589 (Public) Filed Wednesday, April 13, 2011
Intro. by Vaughan.

Status: Ref To Com On Agriculture/Environment/Natural Resources (Senate Action) (Apr 14 2011)

Bill History:

S 589

Bill Summaries:

  • Summary date: Apr 13 2011 - View Summary

    Amends GS 130A-295.04, which sets forth financial responsibility requirements for applicants for a permit and permit holders for hazardous waste facilities, to delete the provision allowing the applicant to use a financial test or captive insurance to establish financial assurance under GS 130A-295.04(d). Deletes the provision allowing the Department of Environment and Natural Resources (DENR) to require an applicant for a permit for a commercial hazardous waste facility to provide cost estimates for off-site screening in the event of a hazardous waste release. Adds that compliance with the financial assurance requirements in specified federal law is sufficient to meet the financial assurance requirements in GS 130A-295.04(f). Deletes provision allowing the Environmental Management Commission (Commission) to adopt rules regarding financial responsibility.
    Amends GS 130A-295, which provides additional requirements for hazardous waste facilities, to clarify that an applicant for a permit for a new hazardous waste facility must provide to the applicable entity specified information at least 120 days before submitting an application. Clarifies that, within 60 days of receiving the applicant’s information, each local government and emergency response agency must respond to the applicant in writing on the review (rather than adequacy) of the applicant’s contingency plan and state that the local government or emergency response agency will respond to an emergency resulting in hazardous waste release to the best of the entity’s ability with available resources and equipment, according to the entity’s role under the contingency plan. Provides that DENR (rather than the permit holder) will verify, every two years after a permit is issued, that resources and equipment are available and adequate to respond to a facility emergency. Adds that contingency plan verification under GS 130A-295(g) is available through the UT-Dallas E-Plan reporting system. Makes clarifying changes.
    Amends GS 130A-295.01, which sets forth additional requirements for commercial hazardous waste facilities, to clarify that an applicant must notify every person residing or owning property located within one-fourth mile of any property boundary of the facility within 10 days of filing an application for a permit for a new commercial hazardous waste facility. Deletes provision requiring the permit holder to annually publish notice of such information as specified, and instead requires the permit holder to publish the notice in a newspaper (rather than by mail) at the midpoint of the period for which the permit is issued. Makes conforming changes. Directs DENR to determine any increase or decrease in the number of sensitive land uses and in estimated population density, as specified, before January 31 of each year (currently requires the owner or operator to report the information to DENR). Makes other clarifying changes.
    Amends GS 130A-295.02(j) to delete the provision requiring adopted rules to establish times and frequencies for the presence of a resident inspector at certain facilities.
    Amends GS 130A-294(c)(8), which pertains to rules establishing a regulatory scheme for hazardous waste management, to clarify that the rules must develop standards regarding location, design, ownership, and construction of hazardous waste facilities (deletes conditional language).