Bill Summaries: H56 AMEND ENVIRONMENTAL LAWS.

Tracking:
  • Summary date: Oct 4 2017 - More information

    AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS. Enacted October 4, 2017. Effective October 4, 2017, except as otherwise provided.


  • Summary date: Sep 21 2017 - More information

    The Governor vetoed the act on 09/21/17. The Governor's objections and veto message are available here: http://www.ncleg.net/Sessions/2017/H56Veto/H56Veto.html.


  • Summary date: Aug 30 2017 - More information

    Conference report makes the following changes to the 6th edition.

    Deletes changes to GS 143-215.1C, regarding reporting to wastewater system customers on system performance and report and notice of discharge of untreated wastewater.

    Enacts new GS 143-215.73M (Coastal Storm Damage Mitigation Fund). Establishes the Coastal Storm Damage Mitigation Fund as a special revenue fund, and specifies which monies from non-State entities, as well as those specifically allocated to the fund by the General Assembly, go into the Fund. Provides that the Fund may only be used for beach nourishment, artificial dunes, and other projects to mitigate or remediate coastal storm damages to beaches and dune systems. Requires funded projects to be cost-shared with non-State dollars on at least a one-to-one basis. Authorizes non-state entities that contribute to the fund for a particular project to request that the contribution be returned if not spent or encumbered within two years of receipt by the Fund, and directs the Secretary of Environmental Quality to return the funds within 30 days of receipt of request, or 30 days of the end of the two year period, whichever is later.

    Deletes the provision authorizing certain subdivisions to be in compliance with the impervious surface limitations of SL 2008-211, notwithstanding rules adopted to implement the act.

    Deletes changes to GS 40A-3 (regarding condemnation of land for pipelines and mains originating outside the State), GS 143B-289.52 (regarding the powers and duties of the Marine Fisheries Commission), GS 143B-289.54 (regarding the composition, qualifications, and terms of the members of the Marine Fisheries Commission), and GS 113-182.1(e1) (regarding the Marine Fisheries Commission's authority to develop temporary management measures to supplement existing Fishery Management Plans).

    If SB 16 (Business Regulatory Reform Act of 2017), 2017 Regular Session, becomes law, amends Section 16 of that act to make GS 130A-294(a3), regarding life-of-site permits issued for sanitary landfills, applicable only to valid and operative franchise agreements in effect on October 1, 2015.

    Amends GS 130A-291 (Division of Waste Management). Limits the authority of units of local government, by ordinance or otherwise, to require solid waste generated within a geographic area and placed in the waste stream for disposal to be delivered to a permitted solid waste management facility for that geographic area to three listed circumstances, including when the unit of local government has debt associated with solid waste management facilities and equipment outstanding on September 1, 2017, until that debt is matured. Authorizes regional solid waste management authorities under GS Chapter 153A, Article 22 (Regional Solid Waste Management Authorities), and units of local government that are members of an Authority, to require solid waste generated within their jurisdictions to be delivered to the permitted solid waste management facility operated by the Authority. Prohibits units of local government from prohibiting the disposal of construction and demolition debris in any sanitary landfill permitted for the disposal of such debris, which landfill has a valid and operative franchise agreement and is otherwise properly permitted.

    Makes conforming changes to GS 130A-294 (Solid waste management program) and GS 153A-292 (County collection and disposal facilities).

    Enacts new GS 159-211 (Borrowing authority for landfills). Requires a unit of local government, when applying for approval to enter into debt for the purpose of expansion or construction of a landfill within its jurisdiction, and wants to support the debt repayment by requiring solid waste collected within the county to be delivered exclusively to the county facility, to further demonstrate three listed things, including that the proposed expansion or construction is necessary to ensure reliable, convenient, and affordable solid waste disposal service is provided consistently to all citizens under its jurisdiction for the protection of public health, safety, and welfare. Directs the Local Government Commission to consider the submitted information and approve an application only if it finds the information presented supports the need for, and cost-effectiveness of, the proposed project. Provides notice requirements for the tentative rejection of an application, and requires a public hearing prior to the final approval of an application at which interested persons may be heard. Applies only to units of local government which, at the time of application for approval to enter debt for expansion or construction of a landfill, have adopted an ordinance under GS 130A-291(c). Requires a unit of local government that has debt approved, but has not satisfied this statue, which later seeks to adopt an ordinance under GS 130A-291(c), to meet the requirements of this statute prior to adopting and enforcing such an ordinance.

    Amendments to GS 130A-291, GS 130A-294, GS 153A-292, and new GS 159-211 do not impact the terms of a contract, franchise agreement, or other agreement between a unit of local government and another entity concerning the management of solid waste, or the financing of such services or related facilities or equipment, in effect on the date this bill becomes law.

    Amends GS 130A-335 to authorize the evaluations for soil conditions and site features for proposed sites for residences, places of business, or places of public assembly for which a new wastewater system is proposed or repair is necessary for compliance to be performed by a licensed soil scientist under GS Chapter 89F (currently, by a licensed soil scientist or geologist). Authorizes a licensed geologist to evaluate the proposed site for geologic and hydrogeologic conditions.

    Makes a conforming change to GS 130A-336.1.

    Changes the effective date from July 1, 2017, to September 1, 2017, for the proposed repeal of Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, the proposed conforming changes to GS 130A-22(a), and the repeal of Section 13.10(c) of SL 2010-31(concerning monitoring and reporting requirements of the Division of Waste Management and the Division of Environmental Assistance and Outreach).

    Adds new Section establishing the General Assemblyäó»s findings regarding the discharge of the poly-fluoroalkyl chemical (commonly known as äóìGenXäóù) into the Cape Fear River. Appropriates $435,000 of the funds appropriated to the Contingency and Emergency Fund in SL 2017-57 (Appropriations Act of 2017) to be allocated as follows. Allocates $100,000 to the Cape Fear Public Utility Authority to study the identification and deployment of water treatment technology to remove GenX from the public water supply in coordination with Brunswick County Public Utilities, Pender County Utilities, and other entities as specified. Allocates $85,000 to the Cape Fear Public Utility Authority for ongoing monitoring of water supplies withdrawn from the Cape Fear River. Directs the Cape Fear Public Utility Authority to provide an interim report to the Environmental Review Commission by December 1, 2017, and a final report by April 1, 2018. Allocates $250,000 to the University of North Carolina at Wilmington to identify and quantify GenX and measure the concentration of the chemicals in the sediments of the Cape Fear River, the extent to which the chemical biodegrades over time or bioaccumulates within local ecosystems, and what risk the contaminant poses to human health. Prohibits UNC-W from charging indirect facilities and administrative costs against the funding provided. Directs UNC-W to provide an interim report to the Environmental Review Commission by December 1, 2017, and a final report by April 1, 2018. Specifies that the funds allocated for the 2017-18 fiscal year remain available for nonrecurring expenses until the end of the 2018-19 fiscal year, and allows entities funded to establish time-limited positions for the biennium with the funds allocated.

    Amends Section 13.7 of SL 2017-57 to require the North Carolina Policy Collaboratory (Collaboratory) at UNC-Chapel Hill to, in addition to identifying and acquiring digital data relevant to environmental monitoring and natural resource management, develop a proposal for the creation of an online database to provide National Pollutant Discharge Elimination System (NPDES) and other water quality permits, permit applications, and relevant supporting documents to the public in a searchable and user friendly format, and create a system for electronic filing of applications for these permits and relevant supporting documents. Directs the Collaboratory to provide an interim report to the Environmental Review Commission (previously not included); the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources; the chairs of the House Appropriations Committee on Agriculture and Natural and Economic Resources; the chairs of the Senate Appropriations Committee on Agriculture, Natural, and Economic Resources; and the Fiscal Research Division on its progress by December 1, 2017, and provide its proposal to the entities by April 1, 2018 (previously, proposal by March 1, 2018).

    Requires the Department of Environmental Quality to provide a detailed written report to the Environmental Review Commission on September 8, 2017, if the Department has yet to issue a Notice of Violation to any company or person for the discharge of the GenX chemical to the Cape Fear River and for the resulting contamination of the Cape Fear River and public water supplies, giving the reasons why a Notice of Violation has not been issued.


  • Summary date: Jun 27 2017 - More information

    Senate amendment makes the following changes to the 5th edition.

    Amends GS 113B-4 to provide that the Lt. Governor may designate a designee to serve as chair for the Energy Policy Council in place of the Lt. Governor.


  • Summary date: Jun 21 2017 - More information

    Senate committee substitute makes the following changes to the 4th edition.

    Amends Section 13, regarding the rule for protection of existing buffers in the Jordan Lake watershed, and requiring exemptions to that rule for publicly owned spaces where the buffers pose a risk to public safety. Further requires identical exemptions under, and amendments to, nine additional specified rules regarding the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Water Supply Watershed, Goose Creek Watershed Quality Management Plan, Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers, and Catawba River Basin.

    Amends Section 15, which amended GS 105-275 by designating certain classes of property, subject to seven listed riparian buffer rules and being used as riparian buffers, as excluded from tax. Replaces all current text with a direction to the fiscal Research Division to estimate the value of property subject to those same rules, and the value of property being used as a riparian buffer under those same rules. Directs the Fiscal Research Division to report its findings to the Environmental Review Commission and the Revenue Laws Study Committee by May 1, 2018.

    Further amends GS 74-51 (Permits--application, granting, conditions). Provides that a public hearing is not required for a modification of a mining permit to extend the duration of the permit to a life-of-site or life-of-lease under GS 74-50(d) or (d1).

    Deletes Section 19, which required cities or counties that accept state funds for specified activities to prohibit certain alteration, excavation, or removal of sand dunes.

    Amends GS 143-214.12 (Division of Mitigation Services: Ecosystem Restoration Fund). Further authorizes the use of the Ecosystem Restoration Fund to acquire, maintain, enhance, restore, or create streams in accordance with a basinwide plan. Deletes the provision requiring a recipient of funds under subsection (a1) to grant a conservation easement to the Department of Environmental Quality. Authorizes a recipient of funds under subsection (a1) that acquires a conservation easement or interest in real property appurtenant to a restoration project delivered to the Division of Mitigation Services to transfer the easement or interest to a federal or state agency, a local government, or a private nonprofit conservation organization approved by the Division of Mitigation Services. Requires any nonprofit conservation organization that the Department conveys real property or an interest therein acquired under the Division of Mitigation Services to be approved by the Division. Requires any grant of real property or an interest therein to a federal or State agency, a local government, or a private nonprofit conservation organization approved by the Division of Mitigation Services under subsection (a1) to be in a form that is acceptable to the Department of Environmental Quality.


  • Summary date: May 31 2017 - More information

    Senate committee substitute makes the following changes to the 3rd edition.

    Deletes proposed amendment to GS 143-215.31(a1), regarding Emergency Action Plans for high- and intermediate-hazard dams.

    Amends GS 143-215.1C (Report to wastewater system customers on system performance; report discharge of untreated wastewater to the Department; publication of notice of discharge of untreated wastewater and waste). Deletes proposed amendment to provisions regarding required press releases on discharge of untreated waste. Authorizes the Department of Environmental Quality (DEQ) to waive or extend the time period for reports to DEQ or press releases required under this statute during extraordinary circumstances which make it impracticable to measure or otherwise collect data regarding a discharge, such as major floods, named storms, or extreme weather.

    Deletes proposed repeal of GS 143-215.1(a7), regarding high rate infiltration wastewater disposal systems that utilize non-native soils or materials in a basin sidewall to enhance infiltration, and when those soils or materials are not considered part of the disposal area.

    Deletes proposed amendments to GS 113-300.6, regarding the Governor's execution of an Interstate Wildlife Violator Compact, to GS 113-300.7 (Appointment of Compact Administrator; implementation; rules, amendments), and to GS 143-215.3A (Water and Air Quality Account; use of applications and permit fees; Title V Account; I & M Air Pollution Control Account; reports).

    Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the banäó»s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2017.

    Directs the Commission for Public Health and local inspectors to implement the Pool Lighting and Ventilation Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Pool Lighting and Ventilation Rule means 15A NCAC 18A .2524 (Lighting and Ventilation). Directs the Commission for Public Health to require pool illumination sufficient to illuminate the main drains of a pool, and sufficient to illuminate the deck area of a pool so that it is visible at all times the pool is in use. Directs the Commission for Public Health to not require specific foot candles of illumination for the deck area. Directs the Commission to adopt a rule to amend the Pool Lighting and Ventilation Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

    Deems any subdivision meeting two listed requirements,including that the subdivisionäó»s original declaration of covenants was recorded prior to the effective date of this act, as in compliance with the impervious surface limitations of SL 2008-211 (Improve Coastal Stormwater Management) and its implementing rules. Establishes that these provisions apply only to impervious surfaces built prior to January 1, 2017, and that any impervious surface built on or after January 1, 2017, is subject to SL 2008-211 and its implementing rules.

    Directs the Environmental Management Commission (Commission) and DEQ to implement the Protection of Existing Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection of Existing Buffers Rule means 15A NCAC 02B .0267 (Jordan Water Supply Nutrient Strategy: Protection of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection of Existing Buffers Rule any publicly owned spaces where it has been determined by the head of the local law enforcement agency with jurisdiction over that area that the buffers pose a risk to public safety. Directs the Commission to adopt a rule to amend the Protection of Existing Buffers Rules substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

    Directs the Environmental Management Commission and DEQ to implement the Protection and Maintenance of Existing Riparian Buffers Rule, as provided in the act, until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to the act. Provides that the Protection and Maintenance of Existing Riparian Buffers Rule means 15A NCAC 02B .0243 (Catawba River Basin: Protection and Maintenance of Existing Riparian Buffers). Requires the Commission to exempt from the applicability requirements of the Protection and Maintenance of Existing Riparian Buffers Rule any publicly owned property that will be used for walking trails. Directs the Commission to adopt a rule to amend the Protection and Maintenance of Existing Riparian Buffers Rule substantively identical and consistent with the above described provision. Provides that these adopted rules are not subject to Part 3 of Article 2A of GS Chapter 150B and become effective as provided in GS 150B-21.3(b1) as though 10 or more written objections had been received as provided in GS 150B-21.3(b2). Provides that these requirements expire when permanent rules adopted as required by the Section become effective.

    Amends GS 105-275 (Property classified and excluded from the tax base). Designates that portion of real property that is subject to any of seven listed riparian buffer rules, including the above-described Protection and Maintenance of Existing Riparian Buffers Rule, and is being used as a riparian buffer, as a special class to be excluded from tax. Effective for taxes imposed for taxable years beginning on or after July 1, 2018.

    Directs the Division of Water Resources, within DEQ, to conduct a water quality sampling program for nutrients along the maintstem of the Catawba River, and to report the results of its study to the Environmental Review Commission by October 1, 2018.

    Amends laws governing mining permits as follows:

    (1) Amends GS 74-50, regarding mining permits. Extends the authorized length of an operating permit from its current 10 years to the life-of-site of the operation (as defined), unless revoked, or in the case ofpermits for mining operations conducted on real property leased from a public entity (as defined),to the life-of-lease (as defined).

    (2) Amends GS 74-51. Further authorizes DEQ to deny a mining permit upon finding that the applicant, or listed affiliated entities, has not been in substantial compliance with GS Chapter 74, Article 7 (The Mining Act of 1971), accompanying rules, or other State environmental protection laws or rules, or has not corrected all violations under The Mining Act of 1971 or accompanying rules, that resulted in failure to pay the application processing fee required under GS 74-54.1.

    (3) Makes conforming changes to GS 74-52 by deleting all references to renewing a mining permit.

    (4) Amends GS 74-54 (Bonds). Makes a conforming change by deleting a reference to renewing a mining permit. Requires applicants for modification of an existing mining permit to comply with the provisions of that statute. Provides a maximum amount of $1 million for bonds for mining permits.

    (5) Makes a conforming change to GS 74-54.1 (Permit fees) by deleting references to permit renewals, and clarifies that the fee for transfers in that statute applies to permit transfers. Requires payment of an annual operating fee of $400 per permit per year, and a late fee of $50 per month per permit for every month or partial month that payment of the annual operating fee is delinquent.

    (6) Amends GS 74-55 (Reclamation report). Makes the annual reclamation report due by July 1 of each year, and requires the annual operating fee to accompany the report. Authorizes DEQ to assess and collect a monthly penalty for each annual report or annual operating fee not filed by July 31 of each year until the annual report and operating fee are filed. If the report and fee, including late payment penalties, are not filed by December 31 of each year, DEQ shall give written notice to the operator and initiate permit revocation proceedings. Notwithstanding this statute, makes the initial annual operating fee due December 31, 2017.

    (7) Makes conforming changes to GS 74-58 (Suspension or revocation of permit). Further prohibits reinstatement of a suspended permit until an operator satisfies the requirements currently listed for new permits for operators whose permit was suspended has been revoked.

    (8) Makes a conforming change to GS 74-60 (Notice) by deleting a reference to renewing a mining permit.

    Mining permit amendments are effective when the bill becomes law, and apply to valid permits for existing mining operations issued before the effective date of this act, and any permit application for a mining operation, pending or submitted, on or after that date. Directs DEQ to issue life-of-site permits or life-of-lease permits, as applicable, to replace valid permits for existing mining operations issued before the date this act beocmes effective, no later than December 1, 2017. Valid permits and their terms and conditions remain in effect and govern the operations of the facility, notwithstanding any termination date that may be included in such permit, until such time as life-of-site or life-of-lease permits are issued.

    Amends GS 40A-3, regarding who may exercise the power of eminent domain. Deletes the requirement that pipelines or mains originate in North Carolina for corporations, bodies politic, or persons to exercise the power of eminent domain for their construction. Applies to takings occurring on or after the date this bill becomes law.

    Directs cities or counties that have accepted State funds for inlet dredging, beach renourishment, or dune construction or maintenance, to prohibit any alteration, excavation, or removal of sand in the sand dune system (as defined) in areas subject to inundation by the one-percent annual chance flood event unless the sand dune system provides adequate flood protection to withstand erosion during the one-percent annual chance flood event, as specified. Provides that the State shall not provide State funds for inlet dredging, beach renourishment, or dune construction or maintenance to any city or county unless the applicant for such funds provides a certification showing that it has complied with this requirement.

    Amends GS 143B-289.52 (Marine Fisheries Commission--powers and duties). Provides that a supermajority of the Commission is five (was, six) members. Requires a supermajority for any action taken under the powers and duties set forth in this statute, including rule making and the regulation of fisheries under a fishery management plan.

    Amends GS 143B-289.54, regarding the governance, staffing, and support of the Marine Fisheries Commission. Reduces the number of seats on the Marine Fisheries Commission from nine to seven, eliminating the two seats designated for persons having general knowledge of and experience related to subjects and persons regulated by the Commission. Makes a conforming change.

    Amends GS 113-182.1. Authorizes the Secretary of Environmental Quality to authorize the Marine Fisheries Commission to develop expedited temporary management measures (was, to develop temporary management measures) to supplement an existing fishery Management Plan. Limits supplementary management measures to those management strategies contained in the original fishery management plan or subsequent amendments to the plan adopted by the Marine Fisheries Commission, and prohibits supplementary management measures that either were not originally developed in accordance with this statute, or result in severe curtailment of the usefulness or value of equipment as specified.

    Provides a severability clause. Except as otherwise provided, effective when the bill becomes law.

    Makes technical and organizational changes.


  • Summary date: Apr 24 2017 - More information

    House amendment makes the following change to the 2nd edition.

    Deletes proposed amendment to GS 143-215.1(c)(4) (which extended the time limit from 60 to 90 days for the Commission to grant or deny an application for issuance of a permit for facilities discharging to the surface waters, or to renew an existing permit).


  • Summary date: Apr 20 2017 - More information

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

    Makes organizational changes and adds new provisions. Places previous Section 1 in new Part I.

    Part II amends GS 130A-310.72 (Financial assurance requirement). Modifies existing language to require the person conducting remediation of a contaminated site (currently, specifies contaminated industrial site) to establish and maintain financial assistance as provided. Adds a new provision allowing the Department of Environmental Quality (DEQ) to waive the financial assurance requirements if DEQ finds that the only actions or controls to be implemented or maintained as part of the remedial action plan for the site include annual reporting of land-use controls and/or the maintenance of durable or low-maintenance covers for contaminated soil. 

    Part III repeals GS 130A-294(k) (requiring certain persons and operators to submit a description of any program to minimize or reduce the volume and quantity or toxicity of hazardous waste) and GS 130A-309.17 (concerning the registration of persons transporting, collecting, or recycling used oil, fees, reports, and records).

    Part IV amends GS 143B-279.9(b) to require a remedial action plan for the cleanup of environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A or Article 21A of GS Chapter 143, other petroleum sources, or from an aboveground storage tank pursuant to Part 7 of Article 21A of GS Chapter 143, to include an agreement by the owner, operator or responsible party for the discharge or release of petroleum to record notice of any applicable land-use restrictions that meet the requirements of the statute as provided in GS 143B-279.11 (currently, the provision only applies to a discharge or release from an underground storage tank). Adds a new provision establishing that, except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the imposition of restrictions on the current or future use of real property on sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as defined in GS 130A-310.65(3a), are only permitted as provided in GS 143-215.104AA (Standards for petroleum releases from aboveground storage tanks and other sources) or GS 130A-310.73A (Remediation of sites with off-site migration of contaminants), as applicable. 

    Amends GS 143B-279.11, providing that the statute applies to a cleanup pursuant to a remedial action plan that addresses environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A of Article 21A of GS Chapter 143, or an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21A of GS Chapter 143 (currently, only applies to the discharge or release of petroleum from an underground storage tank). Makes conforming changes to expand the applicability of the provisions in existing subsections (b) and (d). Adds new subsection (h), establishing that, except with respect to land contaminated from a discharge or release of petroleum from an underground storage tank, the statute's provisions only apply to sites contaminated by the discharge or release of petroleum from an aboveground storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as defined in GS 130A-310.65(3a), in compliance with the requirements of GS 143-215.104AA or GS 130A-310-73A, as applicable. Makes conforming changes to the statute's title.

    Part V amends GS 143-215.1C pertaining to certain reporting requirements of wastewater discharges. Makes clarifying changes. Amends the reporting requirement in subsection (a1) to require the owner or operator of any wastewater collection or treatment works to report a discharge of 1,000 gallons or more of untreated wastewater to land, or a spill of any amount that reaches waters of the state, to DEQ as soon as practicable but no later than 24 hours after the owner or operator has first knowledge of the spill (currently, requires reporting of 1,000 gallons or more of untreated wastewater to the surface waters of the state, not later than 24 hours after the owner or operator has determined that the discharge has reached the surface waters of the state). Makes conforming changes to subsection (c), concerning publication of notice of discharge of untreated waste.

    Part VI amends GS 143-215.1 (Control of sources of water pollution; permits required). Deletes current provisions regarding high rate infiltration wastewater disposal systems. Requires the North Carolina Environmental Management Commission (Commission) to grant or deny any application for issuance of a new permit within 90 days of any required state or federal review, or within 90 days of consideration of matters and things presented at any public hearing (currently, within 60 days of notice of intent, or within 90 days of a public hearing).  Provides that multiple contiguous properties under common ownership and permitted for use as a disposal system are treated as a single property with regard to setbacks to property lines.

    Part VII repeals GS 143-355(m) (directing DEQ to develop a state water supply plan). Amends GS 143-355(p), contingent upon the enactment of S 131, 2017 Regular Session, by making conforming changes by removing reference to a state water supply plan, and directing DEQ to submit the report under this statute with the report on basinwide water management plans (was, basinwide water quality management plans).

    Part VIII amends GS 113A-124(c). Authorizes the Commission to delegate the power to approve land use plans for a county to any qualified DEQ employee. Amends GS 113A-119 (regarding development permits in areas of environmental concern) to exempt minor permit applications from the requirement of posting a notice at the location of the proposed development.

    Part IX amends GS 113-300.6 (Governor to execute compact; form of compact), amending the definition of wildlife to delete the provisions including species protected by the Marine Fisheries Commission, or by the Division of Marine Fisheries, and food fish and shellfish. Amends GS 113-300.7 (Appointment of Compact Administrator; implementation; rules; amendments), deleting language involving the Marine Fisheries Commission, its chair, or the Division of Marine Fisheries, in the provisions of that statute.

    Part X amends GS 143-215.3A. Designates fees transferred to the I & M Air Pollution Control Account for the use of developing and implementing an air pollution control program (was, air pollution control program for mobile sources).


  • Summary date: Feb 7 2017 - More information

    Current law, GS 143-215.31(a1), requires the owner of a dam classified by the Department of Environmental Quality (Department) as a high-hazard dam or an intermediate-hazard dam to develop an Emergency Action Plan for the dam and sets out four specifications an Emergency Action Plan must minimally include. This act amends the fourth specification, which requires an Emergency Action Plan to contain a downstream inundation map depicting areas affected by a dam failure and sudden release of the impoundment. Requires a professional engineer (previously, licensed professional engineer) or person under the reasonable charge of a professional engineer to prepare the downstream inundation map if (1) the dam is associated with a coal combustion residuals surface impoundment as defined by GS 130A-309.201, or (2) the Department determines that it is necessary to protect public health, safety, and welfare, the environment, or natural resources (previously, only required licensed professional engineer if the dam is associated with a coal combustion residuals surface impoundment).


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