AN ACT TO (I) PROHIBIT AN ELECTRIC PUBLIC UTILITY FROM RECOVERING FROM RATEPAYERS ANY COSTS RELATED TO THE MANAGEMENT OF COAL COMBUSTION RESIDUALS AND UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AND (II) REQUIRE EXCAVATION OF ALL COAL ASH PONDS AND DISPOSAL OF THE COAL ASH IN LINED LANDFILLS.
Renames GS 62-133.13 as Recovery of costs related to the management of coal combustion residuals and unlawful discharges from coal combustion residuals surface impoundments to the surface waters of the State. Deletes existing provisions and now provides that the NC Utilities Commission cannot allow an electric public utility to recover from the retail electric customers of the State: (1) costs incurred on or after January 1, 2014, related to the management of coal combustion residuals disposed of in coal combustion residuals surface impoundments, including costs associated with complying with the provisions of Part 2I of Article 9 of GS Chapter 130A (Coal Ash Management) or (2) costs incurred on or after January 1, 2014, related to an unlawful discharge to the surface waters of the State from a coal combustion residuals surface impoundment, unless the Commission determines the discharge was due to an event of force majeure. Defines coal combustion residuals surface impoundment as defined in GS 130A-309.201. Defines costs related to unlawful discharges to the surface waters of the State to include any corrective actions required of the electric public utility under State or federal law.
Repeals GS 130A-309.214, which sets out requirements for the closure of coal combustion residuals surface impoundments.
Enacts GS 130A-309.214A, providing for the method and schedule of closure of coal combustion residuals surface impoundments.
Requires all coal combustion residuals impoundments to be dewatered, and requires the owner of the impoundment to (1) remove all coal combustion residuals from the impoundment, (2) return the former impoundment to a nonerosive and stable condition, and (3) dispose the coal combustion residuals in a municipal solid waste landfill located on the same property as the impoundment. Requires municipal solid waste landfills that receive coal combustion residuals to comply with the siting and design requirements for disposal sites established by 15A NCAC 13B .0503, except that in lieu of the liner requirement, the landfill must include a bottom liner system consisting of three components as described. Requires the landfill to otherwise comply with the construction, closure, and post-closure requirements established in 15A NCAC 13B .1600, and be subject to all applicable requirements of GS Chapter 130A and all other applicable rules adopted thereunder.
Sets out the schedule of closure for impoundments classified pursuant to GS 130A-309.204 (the Department of Environmental Quality's quarterly reports to the Environmental Review Commission), providing: (1) high-risk impoundments must be closed as soon as practicable but no later than August 1, 2019; (2) intermediate-risk impoundments must be closed as soon as practicable but no later than August 1, 2024; and (3) low-risk impoundments must be closed as soon as practicable but no later than August 1, 2029.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.