MODERNIZE SEWER OVERFLOW NOTIFICATION.

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View NCGA Bill Details2021
House Bill 885 (Public) Filed Tuesday, May 4, 2021
AN ACT TO ENHANCE PUBLIC NOTIFICATION OF DISCHARGES OF UNTREATED WASTEWATER FROM WASTEWATER COLLECTION OR TREATMENT WORKS.
Intro. by Farkas, Harrison, A. Baker.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 12 2021)
H 885

Bill Summaries:

  • Summary date: May 11 2021 - View Summary

    House committee substitute to the 2nd edition makes the following changes.

    Further amends GS 143-215.1C(b), regarding required notice by an owner or operator of any wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee when there is a discharge of 1,000 gallons or more of untreated wastewater, to also require notice to the chairs of the Environmental Review Commission. Further amends subsection (c), regarding required notice by an owner or operator of any wastewater collection or treatment works other than a wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee when there is a discharge of 1,000 gallons or more of untreated wastewater, to also require notice to the chairs of the Environmental Review Commission.


  • Summary date: May 11 2021 - View Summary

    House committee substitute to the 1st edition makes the following changes. Amends GS 143-215.1C(b), to require the notice provided by an owner or operator of any wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee, to require when there is a discharge of 1,000 gallons or more of untreated wastewater to require the notice to be on the website for three months (was, 12 months) from the last date of discharge.

    Amends the required acts of an owner or operator of any wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee upon discharging 15,000 gallons or more of untreated wastewater to the surface waters of the State, by removing the proposed requirement of providing notice on or with the customer's wastewater bill within 60 days following discharge. 

    Deletes proposed new subsection (d) that required notice to customers by prepaid mail or email for those who opt into a discharge notification mailing list, required owners or operators subject to the notice requirements of subsection (b) to inform customers of the opportunity to sign up for an emailed notification, at least twice per year, and required maintaining records of notifications for 36 months from the date of notice. 


  • Summary date: May 7 2021 - View Summary

    Amends GS 143-215.1C(b), expanding upon the required acts of an owner or operator of any wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee, to require, within 24 hours of discharging 1,000 gallons or more of untreated wastewater to the surfaces waters of the State: (1) providing notice to the local health director for the county in which the discharge occurs; and (2) providing notice to customers of the wastewater collection or treatment works or other interested parties by posting notice on its website for a period of 12 months from the last date of discharge (currently only requires issuance of a press release).  Expands upon the required acts of an owner or operator of any wastewater collection or treatment works which primarily collects or treats municipal or domestic wastewater and is permittee, to require, upon discharging 15,000 gallons or more of untreated wastewater to the surfaces waters of the State: (1) providing notice to the local health director for each county downstream from the point of discharge that is significantly affected by the discharge, as determined by the Secretary of the Department of Environmental Quality (Secretary), within 24 hours of the Secretary's determination in the manner specified; and (2) providing notice on or with the customer's wastewater bill within 60 days following discharge, as specified. Provides that these requirements are in addition to the notice requirements upon discharge of 1,000 gallons or more of untreated wastewater, as amended above.

    Makes identical changes to the notice requirements of owners of operators of any wastewater collection or treatment works under subsection (c) to mirror those under subsection (b), for systems other than those that primarily collect or treat municipal or domestic wastewater. 

    Enacts new subsection (d) to require notice to customers by prepaid mail or email for those who opt into a discharge notification mailing list. Requires owners or operators subject to the notice requirements of subsection (b) to inform customers of the opportunity to sign up for an emailed notification, at least twice per year. Requires maintaining records of notifications for 36 months from the date of notice. 

    Provides authority for the Secretary to extend the time period for making, issuing, or publishing reports and follow-up reports required by the statute during extraordinary circumstances. 

    Effective October 1, 2021.