AN ACT TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO REPORT ON THE INTEGRATION OF STORMWATER CAPTURE AND REUSE INTO STORMWATER REGULATORY PROGRAMS; (2) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY THE ADVISABILITY AND FEASIBILITY OF REALLOCATING WATER SUPPLY IN JOHN H. KERR RESERVOIR FROM HYDROPOWER STORAGE TO WATER SUPPLY STORAGE; (3) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY AND EVALUATE DEGRADABLE PLASTIC PRODUCTS AND THEIR POTENTIAL TO CONTAMINATE RECYCLED PLASTIC FEEDSTOCKS; (4) DIRECT THE DIVISION OF PUBLIC HEALTH IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO REPORT ON THE ADMINISTRATION AND IMPLEMENTATION OF THE LEAD-BASED PAINT HAZARD MANAGEMENT PROGRAM FOR RENOVATION, REPAIR, AND PAINTING; (5) PROVIDE THAT TYPE 1 SOLID WASTE COMPOST FACILITIES ARE NOT REQUIRED TO OBTAIN A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGE OF PROCESS WASTEWATER BASED SOLELY ON THE DISCHARGE OF STORMWATER THAT HAS COME INTO CONTACT WITH FEEDSTOCK, INTERMEDIATE PRODUCT, OR FINAL PRODUCT AT THE FACILITY; (6) DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ACCEPT ALTERNATIVE MEASURES FOR STORMWATER CONTROL OTHER THAN PONDS THAT MEET CERTAIN CRITERIA AT AIRPORTS; (7) PROVIDE CONDITIONS TO ALLOW FOR TWO NONCONTIGUOUS PROPERTIES TO BE TREATED AS A SINGLE CONTIGUOUS PROPERTY FOR PURPOSES OF COMPLIANCE WITH LOCAL WATER SUPPLY WATERSHED PROGRAMS; (8) PROHIBIT TREATMENT OF LAND WITHIN RIPARIAN BUFFERS AS LAND OF THE STATE OR ITS SUBDIVISIONS; (8A) AMEND THE NEUSE AND TAR-PAMLICO RIVER BASIN BUFFER RULES TO ALLOW DEVELOPMENT ON EXISTING LOTS UNDER CERTAIN CONDITIONS; (9) PROVIDE FLEXIBILITY FOR THE DEVELOPMENT OF BASINWIDE WATER QUALITY MANAGEMENT PLANS FOR RIVER BASINS THAT HAVE WATERS DESIGNATED AS NUTRIENT SENSITIVE AND DELAY THE IMPLEMENTATION DEADLINE FOR LOCAL STORMWATER MANAGEMENT PROGRAMS UNDER THE JORDAN LAKE NEW DEVELOPMENT RULE; (10) AMEND THE DEFINITION OF COMMUNITY WATER SYSTEM; (11) ESTABLISH A VARIANCE PROCESS FOR CERTAIN SETBACK REQUIREMENTS FOR EXISTING PRIVATE DRINKING WATER WELLS; (12) REPEAL THE AUTHORITY OF THE ENVIRONMENTAL MANAGEMENT COMMISSION TO ADD COUNTIES TO THE MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM; (13) ALLOW THE COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND TO BE USED FOR THE REMOVAL OF ABANDONED UNDERGROUND STORAGE TANKS THAT HAVE NOT LEAKED BUT POSE AN IMMINENT HAZARD; (14) REQUIRE SCRAP TIRE COLLECTORS TO VERIFY ACCESS TO A PERMITTED SCRAP TIRE DISPOSAL SITE BEFORE CONTRACTING WITH ANY SCRAP TIRE PROCESSOR; (15) REQUIRE SEPTAGE MANAGEMENT FIRMS TO PROVIDE IDENTIFICATION OF AND NOTICE TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES BEFORE PLACING A PUMPER TRUCK NOT PREVIOUSLY INCLUDED IN A PERMIT INTO SERVICE; (16) AMEND THE MARINE FISHERIES COMMISSION ADVISORY COMMITTEES; (17) PROVIDE THAT A SUPERMAJORITY OF THE MARINE FISHERIES COMMISSION IS REQUIRED TO OVERRIDE A RECOMMENDATION OF THE DIVISION OF MARINE FISHERIES REGARDING OVERFISHING OR REBUILDING OF FISH STOCKS; (18) PROVIDE CERTAIN PROTECTIONS TO GALAX AND VENUS FLYTRAP UNDER THE PLANT PROTECTION AND CONSERVATION ACT; (19) INCREASE THE CIVIL PENALTY FOR VIOLATIONS OF CERTAIN RULES OF THE WILDLIFE RESOURCES COMMISSION; (20) PROVIDE THAT FUNDS RECEIVED IN SETTLEMENT OF THE LAWSUIT FILED BY THE STATE AGAINST THE TENNESSEE VALLEY AUTHORITY BE USED EXCLUSIVELY IN CERTAIN COUNTIES; (21) AMEND OR REPEAL VARIOUS ENVIRONMENTAL AND NATURAL RESOURCES REPORTING REQUIREMENTS; AND (22) MAKE TECHNICAL AND CONFORMING CHANGES TO ENVIRONMENTAL AND NATURAL RESOURCES LAWS. Summarized in Daily Bulletin 3/7/11, 5/3/11, 6/11/12, 6/12/12, 6/13/12, 6/18/12, and 6/28/12. Enacted August 1, 2012. Section 21(b) is effective December 31, 2017. Sections 16(a) and (b) are effective July 1, 2012. Sections 18 and 19 are effective October 1, 2012. The remainder is effective August 1, 2012.
Bill Summaries: S 229 AMEND ENVIRONMENTAL LAWS 2012 (NEW).
Summary date: Aug 7 2012 - View Summary
Summary date: Jun 28 2012 - View Summary
Conference report recommends the following changes to 4th edition to reconcile matters in controversy.
Removes Part IIA which amended Section 1 of SL 2011-298 and Section 4(b) of SL 2011-298 providing for the exemption of certain water transfers in the central coastal plain capacity use area from interbasin transfer certification requirements.
Amends GS 143-214.7A(b) to provide that a Type 1 solid waste compost facility (Type 1 facility) is subject only to state and federal stormwater requirements established under 33 USC § 1342(p)(3)(B). Provides that a Type 1 facility is not required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the discharge of process wastewater solely based on the discharge of stormwater that has come into contact with feedstock, intermediate product, or final product at the facility. Deletes permit requirements from the 4th edition.
Amends Section 17(c) of SL 2011-394 to clarify the criteria that must be met for a single-family residence to encroach on the riparian buffer rules, and requires that the method for measuring the setback be consistent with the method for measuring the applicable buffer.
Sets out directives regarding a specified rule for Jordan Lake new development, including delaying the implementation of a local stormwater management program until the later of August 10, 2014, within three months of the date when the Rules Review Commission approves a local program, or when the Division of Water Quality first renews a NPDES stormwater permit.
Deletes provisions regarding establishing a minimum ocean hazard setback criteria and the issuance of development permits.
Adds Swain County to those counties eligible for Environmental Mitigation Project grants from the Tennessee Valley Authority settlement funds.
Makes clarifying changes to the annual reporting requirements in GS 130A-294 for the mercury switch removal program.
Deletes provisions that amended the duration of permits for sanitary landfills and transfer stations.
Makes additional technical corrections and clarifying changes. Makes conforming changes to the title.
Summary date: Jun 18 2012 - View Summary
House amendment #9 makes the following changes to 3rd edition, as amended. Makes technical changes.
Summary date: Jun 13 2012 - View Summary
House amendments make the following changes to 3rd edition, as amended.
Amendment #5 replaces provision under previously proposed subsection (d2) to GS 143-214.5 which required a local government to treat up to two noncontiguous properties as a single, contiguous property for determining compliance with a local water supply watershed protection program, with a requirement that a local government must allow an applicant to average development density on up to two noncontiguous properties if eight, listed conditions are met.
Amendment #6 enacts new subsection (e1) to GS 143-214.23 to specify that local governments must not treat land within a riparian buffer as state or local government property, unless the land was acquired by conveyance or eminent domain. Makes a conforming change to the bill title.
Amendment #7 removes modifications added in the previous version to conditions required before residences can encroach on the buffer under the Neuse River Basin and Tar-Pamlico River Basin riparian buffer rules.
Amendment #8 amends SL 2011-298 to provide that the exemption allowed to certain transfers of water in the Central Coastal Plain Capacity Use Area from interbasin transfer certification requirements will expire if the cumulative volume of water transfers not regulated under a certificate initiated on or after August 31, 2007, exceeds 20.3 million gallons per day (was, 8 million gallons per day). Makes conforming changes, and a conforming change to the bill title.
Summary date: Jun 12 2012 - View Summary
House amendments make the following changes to 3rd edition.
Amendment #1 provides that permits to construct and permits to operate subsequent phases of landfill development for up to 20 years must be subject to limited review at five year intervals after the issuance of the initial permits (was, five years after the issuance of the initial permits).
Amendment #2 makes a technical correction to new subsection (b5) to GS 143-215.94B.
Amendment #3 adds the following clause to the title: (23) PROVIDE THAT FUNDS RECEIVED IN SETTLEMENT OF THE LAWSUIT FILED BY THE STATE AGAINST THE TENNESSEE VALLEY AUTHORITY BE USED EXCLUSIVELY IN CERTAIN COUNTIES. Makes necessary changes in the numbering and punctuation of the clauses in the title to accommodate the addition. Also inserts a new Part XXIV: Use of TVA Settlement Funds. Provides that the settlement funds received by North Carolina via the Consent Decree in the State of Alabama et. al. v. Tennessee Valley Authority must be used exclusively to award grants for Environmental Mitigation Projects as specified in paragraph 128 of the Consent Decree in the specified counties. Makes necessary adjustments in the numbering of the Parts of this act.
Summary date: Jun 11 2012 - View Summary
House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in the previous version and replaces them with a new act amending various environmental and natural resources laws as follows.
Amends GS 143-214.7(e) to require the Environmental Management Commission to include specified information on stormwater capture and reuse in the annual status report on stormwater control programs submitted to the Environmental Review Commission. Directs the Department of Environment and Natural Resources (DENR) to study reallocating the water supply in the John H. Kerr Reservoir from hydropower to water supply storage, as detailed, and to report to the Environmental Review Commission by June 1, 2014. Directs DENR to study possible contamination by degradable plastic products, as detailed, and to report to the Environmental Review Commission by January 15, 2013. Directs the Division of Public Health in the Department of Health and Human Services (DHHS) to hire staff, by October 1, 2012, to implement and analyze the Lead-Based Paint Hazard Management Program for Renovation, Repair, and Painting, and report to specified entities, as detailed, by January 31, 2013.
Enacts new subsection (b1) to GS 143-214.7A (stormwater control best management practices) to set out standards for stormwater from Type 1 solid waste compost facilities and clarify that the Division of Water Quality will only require water quality permits for such facilities if required by federal law. Makes clarifying changes to GS 143-214.7A(b), which sets out standards for other solid waste compost facilities. Enacts new subsections (c3) and (c4) to GS 143-214.7 (stormwater runoff rules and programs) to prohibit DENR from requiring stormwater control measures that provide standing water at public airports or at development projects within five miles of the edge of an airport operations area. Provides for replacement of existing controls with alternative measures. Enacts new subsection (d2) to GS 143-214.5 to require local governments to treat up to two non-contiguous properties as a single, contiguous property when determining compliance with the water supply watershed protection program, provided three specified property conditions are met.
Amends SL 2011-394 to clarify the conditions that must be met for a single-family residence to encroach on the buffer under the Neuse River Basin and Tar-Pamlico River Basin riparian buffer rules. Amends GS 143-215.8B to require the Environmental Management Commission to review and revise basinwide water quality management plans every ten years (rather than every five years), and makes conforming changes; makes conforming changes to GS 143-215.1(c6). Clarifies the definition for community water system in GS 130A-313(10)a. Authorizes DHHS to grant a variance from the setback distances from existing private drinking water wells after finding specified criteria, provided the well meets listed requirements. Provides for rule-making by the Commission for Public Health and sets out effective dates for the rules. Amends GS 20-183.2(c) to remove the Environmental Management Commission’s authority to add counties to those subject to a motor vehicle emissions inspection program and makes a conforming change to repeal GS 143-215.107A(d).
Enacts new subsection (b5) to GS 143-215.94B to allow the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund to cover costs to hold harmless any commercial underground storage tank that poses an imminent hazard to the environment if the owner or operator cannot be located or fails to take action within 90 days of notification. Amends GS 143-215.94G(d) to require the Secretary to seek reimbursement for these costs and for the costs spent from the Noncommercial Fund. Makes conforming changes. Prohibits the Coastal Resources Commission from denying, on the basis of the setback requirements in 15A NCAC 07H .0306(a)(2), a development permit for the replacement of a single-family or duplex residential dwelling with a floor area greater than 5,000 square feet, provided that the residential structure (1) was constructed before August 11, 2009, (2) does not exceed its original footprint, (3) meets the minimum setback required under 15A NCAC 07H .0306(a)(2)(A), (4) cannot be rebuilt to satisfy the specified ocean hazard setback, and (5) is rebuilt as far landward as feasible. Requires the Coastal Resources Commission to adopt temporary rules, as described, by October 1, 2012.
Amends GS 130A-309.57(c) to the adoption of rules to require permitted scrap tire collectors to contract only with processing facilities that confirm access to a facility to receive scrap tires and requires DENR to begin rule-making by October 1, 2012. Enacts new subsection (h1) to GS 130A-291.1 to require a permitted septage management firm to notify DENR within 10 days after the firm places a pumper truck in service that was not previously included in the firm’s permit and to make the truck available for inspection.
Amends Article 9 (Solid Waste Management) of GS Chapter 130A to consolidate certain DENR reporting requirements under GS 130A-294(i). Directs DENR to report to additional specified bodies by January 1 (was, October 1) each year on the hazardous waste management program, as detailed. Effective December 31, 2017, amends GS 130A-294(i), as amended by this act, to modify several reporting requirements related to mercury reduction. Recodifies GS 130A-310.2(b) (notification to legislators about inactive hazardous substance or waste disposal site) as new subsection (a1) in GS 130A-310.10, and requires reporting before October 1 (rather than January 1) each year. Amends GS 143-215.94M to make the report due November 1 (was, September 1) each year, and adds four entities that must receive the report on leaking petroleum underground storage tank cleanup. Makes conforming changes. Repeals GS 113A-35.1(b), which sets out the annual status report requirement for the management plan under GS 113A-35.1(a) on the segment of the New River. Amends GS 136-28.8(g) to modify a reporting requirement of the Division of Environmental Assistance and Outreach regarding recycled materials. Amends GS 159I-29(a) to add that the Office of State Budget and Management and the Division of Waste Management need not file a report if no funds are appropriated or available for loans under the Solid Waste Management Loan Program in that year. Adds the Fiscal Research Division to the list of entities receiving the Biennial State of the Environment report in GS 143B-279.5.
Requires the Commission for Public Health, by July 1, 2013, to adopt rules allowing landfill applicants to apply for permits to construct and permits to operate a phase of landfill development for up to 20 years and amend the permits to operate subsequent phases for up to 20 years, with permit reviews 5 years after issuance. Also requires rules for issuance of permits for up to 20 years for construction and operation of transfer stations. Requires DENR to review the fee schedule and report to the ERC by December 1, 2012.
Amends GS 106-202.19(a) to add five types of unlawful conduct related to galax and Venus flytrap under the Plant Protection and Conservation Act. Makes technical changes. Amends GS 113-135.1(a) to increase the fine from $10 to $25 for a violation of Wildlife Resources Commission rules. Applies to violations and offenses committed on or after October 1, 2012. Specifies that prosecutions for offenses committed before October 1, 2012 are not abated or affected, and statutes that would be applicable but for this act remain applicable.
Amends Marine Fisheries Commission advisory committees in GS 143B-289.57 as follows. Effective July 1, 2012, merges 2 standing advisory committees, reduces from 4 to 2 the number of regional advisory committees, and makes conforming changes to the Fishery Resource Grant Program in GS 113-200. Effective when the act becomes law, details term expiration dates and member requirements for the affected committees. Amends GS 143B-289.52 to provide that a supermajority of the Marine Fisheries Commission is six members, and a supermajority is required to override recommendations from the Division of Marine Fisheries related to overfishing.
Makes conforming changes to GS 77-92(a) and GS 77-93(b)(2).
Changes the bill title to reflect new content.
Summary date: May 3 2011 - View Summary
Senate committee substitute makes the following changes to 1st edition.
Makes a conforming change to subsection (g) of GS 106-841, as recodified by this act, to reflect the transfer of the Division of Soil and Water Conservation from the Department of Environment and Natural Resources (DENR) to the Department of Agriculture and Consumer Services (DACS). Amends GS 139-8(a)(13) to clarify that it is among the powers of the soil and water conservation districts and the supervisors of those districts to assist in the implementation and supervision of any other program administered by DACS and intended to protect water quality or quantity. Amends GS 106-850(e) and GS 106-860(e), as recodified under this act, to require the Soil and Water Conservation Commission to report on or before January 31 of each year to the Environmental Review Commission (ERC), the DACS, and the Fiscal Research Division (was, deleted the ERC, and added the Board of Agriculture).
Summary date: Mar 7 2011 - View Summary
Transfers the Division of Soil and Water Conservation from the Department of Environment and Natural Resources (DENR) to the Department of Agriculture and Consumer Services (DACS) as the title indicates. Recodifies Part 7 of Article 7 of GS Chapter 143B as Article 71 of GS Chapter 106, and accordingly recodifies GS 143B-294 through GS 143B-297.1 as GS 106-840 through GS 106-844. Makes conforming changes to the following statutes: 143B-279.3(a) and (b), 106-840, 106-841, 139-3(4), 139-4(d) and (e), 139-5(d) and (e), 139-7, 139-8(a)(13), 139-13, 143-215.10A, 143-215.10C(e)(6), 143-215.10D, and 143-215.10M(a).
Recodifies Part 9 of Article 21 of GS Chapter 143 as Article 72 of GS Chapter 106 and accordingly recodifies GS 143-215.74, 143-215.74A, and 143-215.74B as GS 106-850, 106-851, and 106-852. Makes conforming changes as necessary to reflect the recodification.
Recodifies Part 11 of Article 21 of GS Chapter 143 as Article 73 of GS Chapter 106 and accordingly recodifies GS 143-215.74M as GS 106-860. Makes conforming changes as necessary to reflect the recodification.
Additionally, makes conforming changes to GS 106-860(e), 113-291.10(a), and 106-743.4(b).
Directs the Revisor of Statutes (Revisior) to make the necessary conforming statutory changes to reflect the transfers provided in this act. Authorizes the Revisor to correct any references as necessary to the statutes recodified by this act and any other conforming changes necessitated by this act.
Effective July 1, 2011.