Bill Summary for S 328 (2019-2020)

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Summary date: 

Mar 21 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 328 (Public) Filed Thursday, March 21, 2019
Intro. by Sawyer.

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Bill summary

Amends Subpart 3, Part 2I, of Article 9, GS Chapter 130A, Use of Coal Combustion Products in Structural Fill.

Current law, GS 130A-309.219, provides distinct permit requirements for projects using coal combustion products or residuals as structural fill based on the weight of coal combustion products placed, per acre or total per project. Changes the permit requirements to now provide the same requirements for all projects using coal combustion residuals as structural fill. Now requires the person proposing the project to submit eight specifications of the project to the Department of Environmental Quality (DEQ), on a form prescribed by the Department, at least 60 days before initiation of the proposed project. Required information includes a Toxicity Characteristic Leaching Procedure analysis and construction plans for the project (many of the information requirements were previously specified and required for larger projects). Makes conforming changes. 

Makes conforming changes to GS 130A-309.220, concerning the design, construction, and siting requirements for projects using coal combustion products for structural fill, and GS 130A-309.221, concerning the financial assurance requirements for projects using coal combustion products for structural fill, making the requirements of each statute apply to all such projects regardless of their size (previously, the requirements applied to larger projects). Makes clarifying changes.

Repeals GS 130A-309.222, regarding the closure of projects using coal combustion products for structural fill, which provided distinct requirements for large and small projects. Instead, enacts GS 130A-309.222A, Closure and post-closure requirements for projects using combustion products for structural fill. Details nine closure and post-closure minimum requirements, including: (1) applying the final cover over the coal combustion product placement area no later than the less of 30 working days or 60 calendar days after product placement has ceased; (2) grading of the final surface and the provision of draining systems which minimize erosion of cover materials and promote drainage; (3) installing other erosion control measures; (4) submitting a certification that the Subpart's requirements have been met, as specified; (5) submitting a written closure plan; (6) submitting a written post-closure plan; (7) maintaining the integrity and effectiveness of any cap system; (8) maintaining and operating the leachate collection system; and (9) monitoring and maintaining groundwater monitoring system and monitoring the surface water. Requires post-closure care to be conducted for 30 years, and provides for the Department to (1) increase the period upon determining a longer period is necessary to protect public healthy, safety, and welfare; the environment; and natural resources or (2) decrease the period upon determining that a shorter period is sufficient to protect public health, safety, and welfare; the environment; and natural resources. Requires the constructor or operator to submit a certification following completion of the post-closure care period that verifies compliance with the post-closure plan and include the certification in the operating record.