Bill Summary for H 56 (2017-2018)

Summary date: 

Apr 20 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 56 (Public) Filed Tuesday, February 7, 2017
AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS.
Intro. by McElraft, Yarborough.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Makes organizational changes and adds new provisions. Places previous Section 1 in new Part I.

Part II amends GS 130A-310.72 (Financial assurance requirement). Modifies existing language to require the person conducting remediation of a contaminated site (currently, specifies contaminated industrial site) to establish and maintain financial assistance as provided. Adds a new provision allowing the Department of Environmental Quality (DEQ) to waive the financial assurance requirements if DEQ finds that the only actions or controls to be implemented or maintained as part of the remedial action plan for the site include annual reporting of land-use controls and/or the maintenance of durable or low-maintenance covers for contaminated soil. 

Part III repeals GS 130A-294(k) (requiring certain persons and operators to submit a description of any program to minimize or reduce the volume and quantity or toxicity of hazardous waste) and GS 130A-309.17 (concerning the registration of persons transporting, collecting, or recycling used oil, fees, reports, and records).

Part IV amends GS 143B-279.9(b) to require a remedial action plan for the cleanup of environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A or Article 21A of GS Chapter 143, other petroleum sources, or from an aboveground storage tank pursuant to Part 7 of Article 21A of GS Chapter 143, to include an agreement by the owner, operator or responsible party for the discharge or release of petroleum to record notice of any applicable land-use restrictions that meet the requirements of the statute as provided in GS 143B-279.11 (currently, the provision only applies to a discharge or release from an underground storage tank). Adds a new provision establishing that, except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the imposition of restrictions on the current or future use of real property on sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as defined in GS 130A-310.65(3a), are only permitted as provided in GS 143-215.104AA (Standards for petroleum releases from aboveground storage tanks and other sources) or GS 130A-310.73A (Remediation of sites with off-site migration of contaminants), as applicable. 

Amends GS 143B-279.11, providing that the statute applies to a cleanup pursuant to a remedial action plan that addresses environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A of Article 21A of GS Chapter 143, or an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21A of GS Chapter 143 (currently, only applies to the discharge or release of petroleum from an underground storage tank). Makes conforming changes to expand the applicability of the provisions in existing subsections (b) and (d). Adds new subsection (h), establishing that, except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the statute's provisions only apply to sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as defined in GS 130A-310.65(3a), in compliance with the requirements of GS 143-215.104AA or GS 130A-310-73A, as applicable. Makes conforming changes to the statute's title.

Part V amends GS 143-215.1C pertaining to certain reporting requirements of wastewater discharges. Makes clarifying changes. Amends the reporting requirement in subsection (a1) to require the owner or operator of any wastewater collection or treatment works to report a discharge of 1,000 gallons or more of untreated wastewater to land, or a spill of any amount that reaches waters of the state, to DEQ as soon as practicable but no later than 24 hours after the owner or operator has first knowledge of the spill (currently, requires reporting of 1,000 gallons or more of untreated wastewater to the surface waters of the state, not later than 24 hours after the owner or operator has determined that the discharge has reached the surface waters of the state). Makes conforming changes to subsection (c), concerning publication of notice of discharge of untreated waste.

Part VI amends GS 143-215.1 (Control of sources of water pollution; permits required). Deletes current provisions regarding high rate infiltration wastewater disposal systems. Requires the North Carolina Environmental Management Commission (Commission) to grant or deny any application for issuance of a new permit within 90 days of any required state or federal review, or within 90 days of consideration of matters and things presented at any public hearing (currently, within 60 days of notice of intent, or within 90 days of a public hearing).  Provides that multiple contiguous properties under common ownership and permitted for use as a disposal system are treated as a single property with regard to setbacks to property lines.

Part VII repeals GS 143-355(m) (directing DEQ to develop a state water supply plan). Amends GS 143-355(p), contingent upon the enactment of S 131, 2017 Regular Session, by making conforming changes by removing reference to a state water supply plan, and directing DEQ to submit the report under this statute with the report on basinwide water management plans (was, basinwide water quality management plans).

Part VIII amends GS 113A-124(c). Authorizes the Commission to delegate the power to approve land use plans for a county to any qualified DEQ employee. Amends GS 113A-119 (regarding development permits in areas of environmental concern) to exempt minor permit applications from the requirement of posting a notice at the location of the proposed development.

Part IX amends GS 113-300.6 (Governor to execute compact; form of compact), amending the definition of wildlife to delete the provisions including species protected by the Marine Fisheries Commission, or by the Division of Marine Fisheries, and food fish and shellfish. Amends GS 113-300.7 (Appointment of Compact Administrator; implementation; rules; amendments), deleting language involving the Marine Fisheries Commission, its chair, or the Division of Marine Fisheries, in the provisions of that statute.

Part X amends GS 143-215.3A. Designates fees transferred to the I & M Air Pollution Control Account for the use of developing and implementing an air pollution control program (was, air pollution control program for mobile sources).

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