RECLAIMED WATER RULES/ STORM DEBRIS CLEANUP (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 268 (Public) Filed Wednesday, March 9, 2011
TO DISAPPROVE CERTAIN REVISIONS TO THE RECLAIMED WATER RULES.
Intro. by Gillepsie, K. Alexander, Avila.

Status: Ch. SL 2011-48 (House Action) (Apr 20 2011)
H 268/S.L. 2011-48

Bill Summaries:

  • Summary date: Apr 21 2011 - View Summary

    AN ACT TO (1) PROVIDE THAT USES OF RECLAIMED WATER THAT ARE DEEMED TO BE PERMITTED BY REGULATION, WITHOUT THE ISSUANCE OF AN INDIVIDUAL PERMIT OR COVERAGE UNDER A GENERAL PERMIT, INCLUDE IRRIGATION OF ORNAMENTAL CROPS BY FIELD NURSERIES AND ABOVEGROUND CONTAINER NURSERIES AND TO PROVIDE THAT CERTAIN SETBACK REQUIREMENTS AND DESIGN CRITERIA FOR WASTEWATER TREATMENT STORAGE FACILITIES DO NOT APPLY TO ARTIFICIAL LAKES OR PONDS THAT ARE USED FOR STORAGE AND IRRIGATION OF RECLAIMED WATER AS PART OF A CONJUNCTIVE USE RECLAIMED WATER SYSTEM AND (2) AUTHORIZE THE DISPOSAL, TEMPORARY STORAGE, AND BURNING OF STORM-RELATED DEBRIS DURING THE STATE OF EMERGENCY DECLARED ON APRIL 16, 2011, THROUGH JUNE 1, 2011. Summarized in Daily Bulletin 3/9/11, 3/31/11, 4/6/11, and 4/20/11. Enacted April 20, 2011. Effective April 20, 2011.


  • Summary date: Apr 20 2011 - View Summary

    Senate committee substitute makes the following changes to 3rd edition. Adds a Part II to authorize the expedited cleanup of storm-related debris. Allows the disposal, temporary storage, and burning of storm-related debris from the date that the state of emergency was declared by the Governor under Executive Order No. 87 through June 1, 2011 in spite of any state laws regarding permitting requirements for handling or disposing of solid waste, or prohibitions on open burning related to protecting air quality. Provides that the provisions allowing the cleanup of storm-related debris are not to be construed as (1) allowing the improper or unpermitted storage, disposal, or burning of hazardous waste; (2) removing the need for a burn permit as required under Article 4C of GS Chapter 113 , (3) allowing any activity that violates federal law, and (4) allowing any activity that causes an imminent threat to public health or safety. Makes a conforming change to the title to reflect the additional bill content.


  • Summary date: Apr 6 2011 - View Summary

    House amendment makes the following changes to 2nd edition. Makes technical change.


  • Summary date: Mar 31 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Rewrites the title of the bill to read, TO PROVIDE THAT USES OF RECLAIMED WATER THAT ARE DEEMED TO BE PERMITTED BY REGULATION, WITHOUT THE ISSUANCE OF AN INDIVIDUAL PERMIT OR COVERAGE UNDER A GENERAL PERMIT, INCLUDES IRRIGATION OF ORNAMENTAL CROPS BY FIELD NURSERIES AND ABOVEGROUND CONTAINER NURSERIES AND TO PROVIDE THAT CERTAIN SETBACK REQUIREMENTS AND DESIGN CRITERIA FOR WASTEWATER TREATMENT STORAGE FACILITIES DO NOT APPLY TO ARTIFICIAL LAKES OR PONDS THAT ARE USED FOR STORAGE AND IRRIGATION OF RECLAIMED WATER AS PART OF A CONJUNCTIVE USE RECLAIMED WATER SYSTEM. In uncodified provisions, requires the Environmental Management Commission to issue new rules replacing specified existing rules relating Permitting by Regulation and Reclaimed Water Utilization with provisions set out in the act and makes those provisions effective pending the effective date of the revised permanent rules.


  • Summary date: Mar 9 2011 - View Summary

    Disapproves 15A NCAC 02U .0113 (permitting by regulation) and 15A NCAC 02U .0501 (reclaimed water utilization) as adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010.