Bill Summary for S 572 (2021-2022)

Summary date: 

Apr 7 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 572 (Public) Filed Tuesday, April 6, 2021
AN ACT TO MODIFY THE REQUIREMENTS FOR THE USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL AND TO CONFORM THE STATE'S COAL ASH MANAGEMENT REQUIREMENTS FOR USE AS STRUCTURAL FILL TO FEDERAL STANDARDS PROMULGATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
Intro. by Marcus.

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Bill summary

Makes the following revisions to Subpart 3, Part 2I, Article 9, GS Chapter 130A, which governs the use of coal combustion products in structural fill.

Amends GS 130A-309.219 to provide that projects using coal combustion products as structural fill involving placement of less than 12,400 tons of coal combustion products per project are deemed permitted, subject to the permit requirements of the statute (previously, deemed permitted projects involving the placement of less than 8,000 tons of coal combustion products per acre or less than 80,000 tons total per project), with application to the Department of Environmental Quality (Department) and application content requirements met as provided in existing law. Adds that such applications must include a site plan detailing where the fill will be placed, including reference to project siting requirements set forth in State law. Similarly changes the threshold for required individual permitting to now require persons commencing or operating a project using coal combustion residuals as structural fill involving the placement of 12,400 or more tons of coal combustion products per project (was, commencement or operation of a project using coal combustion residuals as structural fill involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products total per project) to first receive an individual permits from the Department. Makes conforming changes. 

Amends GS 130A-309.220 to require projects involving the placement of 12,400 or more tons of coal combustion products per project to have an encapsulation liner system that meets the existing system requirements set forth in subsection (b) (previously, required for projects involving the placement of 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project). 

Enacts GS 130A-309.220A to establish requirements for projects that use coal combustion products for structural fill in open pit mines, without regard to the amount of coal combustion products to be used in the projects. Requires a five-foot separation between the base of coal combustion products used and the uppermost aquifer, or the applicant must demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the coal combustion products used and the uppermost aquifer due to normal fluctuations in groundwater elevations, with all coal combustion products required to have a four-foot separation between the seasonal high groundwater table. Makes design and construction standards set forth in GS 130A-220(b) that require a liner, leachate collection system, cap, and groundwater monitoring system apply. Makes conforming changes to GS 130A-309.220(c) regarding siting for structural fill facilities.

Amends GS 130A-309.221, making the financial assurance requirements for permit applicants apply for projects involving placement of 12,400 or more tons of coal combustion projects per project, rather than 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project. 

Amends GS 130A-309.222, now requiring a constructor or operator to conduct post-closure care for projects involving placement of 12,400 or more tons of coal combustion projects per project, rather than 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project. 

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