Bill Summary for S 474 (2021-2022)

Summary date: 

Apr 1 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 474 (Public) Filed Thursday, April 1, 2021
AN ACT TO MAKE CERTAIN AMENDMENTS TO THE SEPTAGE MANAGEMENT PROGRAM WITHIN THE DEPARTMENT OF ENVIRONMENTAL QUALITY'S DIVISION OF WASTE MANAGEMENT.
Intro. by McInnis, Steinburg, Britt.

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Bill summary

Regarding the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1, adds a new provision requiring the Department of Environmental Quality to either grant or deny the permit within 90 days of application. Requires DEQ to notify the septage management firm the basis for denial and give the firm an opportunity to correct the basis for denial. Further amends the statute to explicitly authorize septage management firm permits and septage land application site permits to be amended to reflect changes in ownership or corporate structure upon notification to DEQ. Expands site inspection authority to include properly qualified persons approved by DEQ. Excludes from the biennial inspection of pump trucks used for septage management and DEQ listing requirements vehicles and equipment used on site that are not integral to compliance with the nutrient management plan. Makes pumper truck requirements applicable to other vehicles used in containment and consolidation of septage operated by the septage storage management firm. Adds inspection and vehicle regulation requirements for pumper trucks and other vehicles used in containment and consolidation of septage; bars regulation as septic detention facilities. Requires tanker vehicles used by a permitted septage management firm to meet all federal and state highway laws. Allows septage vehicles that are listed on the approved septage management firm's permit to remain loaded or partially loaded for up to seven days. Requires vehicles used in the transportation, containment, consolidation, or treatment of septage to be located on the premises of the septage management firm or on the property of another party by legal agreement of the septage management firm and the property owner. 

Eliminates the requirement for DEQ to establish education committees to develop and approve a training curriculum for septage operators under GS 130A-291.3. Revises the training required for septage operators to now require attending a training course of at least three hours in the first year of licensure. Provides for mandatory waiver of instruction requirements for septage operators applying for subsequent permit renewals so long as the operator continues to satisfy other requirements of the rules adopted by the Environmental Review Commission. Adds a new requirement for DEQ to notify all septage management firm operators of changes to rules within 30 days of adoption, and to post all septage management program rules to its website. Makes conforming changes. 

Directs the Environmental Review Commission to implement the Septage Land Application Site Renewal Rule (15A NCAC 13B .0832) to provide for subsequent permit renewals for septage land application sites to be valid for 10 years. Directs the Environmental Review Commission to adopt a rule to amend the identified rule consistent with the described directive. Applies to septage land application site permit renewals issued on or after May 1, 2021.

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