Bill Summary for S 71 (2015-2016)
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View NCGA Bill Details | 2015-2016 Session |
AN ACT TO: (1) REQUIRE A COAL COMBUSTION RESIDUALS IMPOUNDMENT OWNER TO PROVIDE PERMANENT ALTERNATIVE WATER SUPPLIES FOR RESIDENTS IN AREAS SURROUNDING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) EXTEND THE PERIOD FOR PUBLIC COMMENT AND REVIEW OF PROPOSED RISK CLASSIFICATIONS FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; AND (3) MODIFY APPOINTMENTS TO THE COAL ASH MANAGEMENT COMMISSION, THE MINING COMMISSION, AND THE OIL AND GAS COMMISSION, IN ACCORD WITH THE HOLDING OF MCCRORY V. BERGER.Intro. by Lee.
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Bill summary
Conference report makes the following changes to the 3rd edition.
Makes changes to the two categories of households for which the owner of a coal combustion residuals surface impoundment is required to establish permanent replacement water supplies under GS 130A-309.211(c1), as follows.
First, supplies must be established for each household that has a drinking water supply well located within a one-half mile radius from the established compliance boundary of a coal combustion residuals impoundment and is not separated from the impoundment by the mainstem of a river, as that term is defined in GS 143-215.22G, or other body of water that would prevent the migration of contaminants through groundwater from the impoundment to a well (previously, the first category included each household with a drinking water supply well for which sampling and water quality analysis indicates that the well exceeds federal drinking water standards or groundwater quality standards for constituents associated with the presence of the impoundment).
Second, supplies must be established, as existing language provides, for each household with a drinking water supply well that is located in an area in which contamination resulting from constituents associated with the presence of a coal combustion residuals impoundment is expected to migrate, as demonstrated by groundwater modeling, and hydrogrologic, geologic, and geotechnical investigations of the site, conducted in accordance with the requirements of GS 130A-309.214(a)(4), which provides the required procedure for the closure of impoundments (previously, was pursuant to subsections (c) and (d) of GS 130A-309.214). Adds the results of other modeling or investigations that are submitted pursuant to GS 130A-309.213(b)(4), which allows for the receipt of written comment on classification declarations by the Department of Environmental Quality, as another source that may demonstrate a household is located in an area in which contamination is expected to migrate for which an owner of an impoundment must establish supplies under the second category of households in subsection (c1).
Also amends GS 130A-309.211(c1) to add to the information an impoundment owner must submit to the State Water Infrastructure Authority (Authority) on proposed permanent replacement water supplies to be provided to each household, by requiring the owner to also provide a binding written agreement with the public water supplier to the Authority if the owner is proposing to connect to a public water supply.
Makes a technical change to GS 130A-309.214(g).
Makes technical changes to Section 2(f) of the act.