Bill Summary for S 856 (2013-2014)

Summary date: 

May 27 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 856 (Public) Filed Tuesday, May 27, 2014
AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO THE MANAGEMENT OF COAL COMBUSTION RESIDUALS AND UNLAWFUL DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (2) PROHIBIT CONSTRUCTION OF NEW OR EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE JULY 1, 2014; (3) PROHIBIT THE DISPOSAL OF COAL COMBUSTION RESIDUALS GENERATED AFTER AUGUST 1, 2014, INTO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AND REQUIRE THAT COAL COMBUSTION RESIDUALS GENERATED AFTER THAT DATE BE DISPOSED OF IN SANITARY LANDFILLS OR PUT TO BENEFICIAL USE AS ALLOWED BY LAW; (4) REQUIRE A SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF CONTAMINATED WATER SUPPLIES; (5) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS SOON AS PRACTICABLE BUT NO LATER THAN DECEMBER 1, 2014, PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE; THE ENVIRONMENT; AND NATURAL RESOURCES; (6) ESTABLISH A SCHEDULE FOR CLOSURE AND REMEDIATION OF ALL IMPOUNDMENTS BASED UPON THE DEPARTMENT'S RISK ASSESSMENT OF THESE SITES AND ESTABLISH BASELINE CLOSURE REQUIREMENTS; (7) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS PRACTICABLE BUT NO LATER THAN JANUARY 1, 2017; (8) PROVIDE FOR THE POSSIBILITY OF FEDERAL PREEMPTION; (9) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REPORT QUARTERLY ON ITS OPERATIONS, ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (10) PLACE A TEMPORARY MORATORIUM ON THE USE OF COAL COMBUSTION RESIDUALS AS STRUCTURAL FILL AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND THE COMMISSION FOR PUBIC HEALTH TO STUDY THE ADEQUACY OF CURRENT LAWS GOVERNING USE OF COAL COMBUSTION RESIDUALS FOR STRUCTURAL FILL AND OTHER BENEFICIAL USES; (11) PLACE A TEMPORARY MORATORIUM ON THE DISPOSAL OF COAL COMBUSTION RESIDUALS INTO COMBUSTION PRODUCTS LANDFILLS AND THE CONSTRUCTION OF SUCH LANDFILLS UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY, AND WELFARE; THE ENVIRONMENT; AND NATURAL RESOURCES, OF COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED OPERATION OF THESE LANDFILLS; (12) STRENGTHEN THE REPORTING AND NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO WATERS OF THE STATE; (13) REQUIRE DEVELOPMENT OF EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (14) REPEAL COMPLIANCE BOUNDARY AMENDMENTS; AND (15) PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT.
Intro. by Woodard.

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