Bill Summary for S 474 (2021-2022)

Summary date: 

May 4 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

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

Modifies the proposed revisions to the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1. Makes technical changes to refer to permit applicants in subsection (c), rather than septage management firms; makes further technical changes to the subsection. Revises the proposed changes to subsection (e4) to explicitly require permit modifications when there is a change in ownership or corporate structure (previously added a new provision 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 the Department of Environmental Quality (DEQ)). Deletes the proposed changes to subsection (h), which expanded site inspection authority to include properly qualified persons approved by DEQ and excluded from the biennial inspection of pump trucks used for septage management and DEQ listing requirements for vehicles and equipment used on site that are not integral to compliance with the nutrient management plan. Instead amends subsection (h) to direct DEQ to inspect each pumper truck (was pump truck) used for septage management at least once every two years. Revises the proposed changes to subsection (h1) as follows. Makes pumper truck requirements applicable to other vehicles used by the septage management firm (no longer specifies 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 the transportation of, in addition to the containment and consolidation of, liquid septage (was septage), and adds a new requirement for pumper trucks and vehicles used in this way to be listed by the firm on its permit. Now requires equipment used in the containment and consolidation of septage to be regulated as septage detention or treatment sites and require permitting. Regarding the proposed requirement for tanker vehicles used by a permitted septage management firm to meet all federal and state highway laws, now sets the scope of the requirement as all pumper trucks and vehicles used by the permitted firm, or alternatively, provides for the pumper trucks and vehicles to have a maximum capacity of no more than 21,000 gallons. Now allows pumper trucks and vehicles listed on the approved firm's permit (was septage vehicles) to remain loaded or partially loaded for up to seven days. 

Eliminates the proposed changes to GS 130A-291.3, regarding septage operator training. 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. Eliminates the requirement for DEQ to establish educational committees to develop and approve a training curriculum to satisfy the statute's training requirement. Adds new provisions requiring DEQ to develop and maintain a list of approved instruction courses that have relevance to septage management firms, septage land application site operators, and septage detention or treatment facility operators. Provides further parameters for the courses. Allows DEQ to approve additional training courses on a case-by-case basis. 

Regarding the directive for 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, provides that the directive applies to septage land application site permit renewals issued on or after June 1, 2021 (was May 1, 2021).

Adds the following new content. Prohibits DEQ from offering renewal education online for septage management firm operators or septage land application operators unless needed on a case-by-case basis in coordination with the septage industry associations. Effective the earlier of either June 1, 2021, or upon the date an executive order rescinding Section 5 of Executive Order No. 209 (2021) becomes effective.

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