Bill Summaries: S 474 SEPTAGE MANAGEMENT AMENDMENTS.

Tracking:
  • Summary date: Jul 8 2021 - More information

    AN ACT TO MAKE CERTAIN AMENDMENTS TO THE SEPTAGE MANAGEMENT PROGRAM WITHIN THE DEPARTMENT OF ENVIRONMENTAL QUALITY'S DIVISION OF WASTE MANAGEMENT. SL 2021-83. Enacted July 8, 2021. Effective July 8, 2021, except as otherwise provided.


  • Summary date: Jun 17 2021 - More information

    House committee substitute to the 2nd edition makes the following changes.

    Modifies the proposed revisions to the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1. Adds to the proposed changes to subsection (c) that the Department of Environmental Quality (DEQ) must grant or deny a complete permit application within 90 days of receipt in accordance with GS 130-294(a)(4), which sets forth parameters for the permitting of solid waste management facilities, including stated disqualifications and a requirement for DEQ to notify an applicant of reasons for denial and a statement of changes required for the applicant to obtain a permit (replacing the proposed provision requiring DEQ to notify the applicant in writing of reasons for denial and granting the applicant the opportunity to correct the basis of denial). Replaces the proposed changes in subsection (e4), now requiring a permit to be amended in the event of a change in ownership or corporate structure to reflect the change in ownership, corporate structure, and contact information upon DEQ approval of the application for permit amendment (previously required permit modifications when there is a change in ownership or corporate structure). Makes a clarifying change to subsection (h1) to refer to pumper trucks and vehicles used in transportation, containment, or (was, and) consolidation of liquid septage. 

    Regarding the directive for the Environmental Review Commission to implement the Septage Land Application Site Renewal Rule (15A NCAC 13B .0832), corrects the title of the rule to the "Septage Land Application Site and Septage Detention and Treatment Facility Renewal Rule." Now provides for subsequent permit renewals for septage land application sites and septage detention and treatment facilities (was, septage land application sites only) to be valid for 10 years. Makes the provisions and rules adopted thereunder apply to all septage land application site and septage detention and treatment facility permit renewals issued on or after July 1, 2021 (was, June 1, 2021).

    Regarding the prohibition barring DEQ from offering renewal education online for septage management firm operators or septage land application operators unless needed on a case-by-case basis in coordination with the septage industry associations, makes the prohibition effective the earlier of either July 1, 2021 (was, June 1, 2021), or upon the date an executive order rescinding Section 5 of Executive Order No. 209 (2021) becomes effective.


  • Summary date: May 4 2021 - More information

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

    Modifies the proposed revisions to the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1. Makes technical changes to refer to permit applicants in subsection (c), rather than septage management firms; makes further technical changes to the subsection. Revises the proposed changes to subsection (e4) to explicitly require permit modifications when there is a change in ownership or corporate structure (previously added a new provision to explicitly authorize septage management firm permits and septage land application site permits to be amended to reflect changes in ownership or corporate structure upon notification to the Department of Environmental Quality (DEQ)). Deletes the proposed changes to subsection (h), which expanded site inspection authority to include properly qualified persons approved by DEQ and excluded from the biennial inspection of pump trucks used for septage management and DEQ listing requirements for vehicles and equipment used on site that are not integral to compliance with the nutrient management plan. Instead amends subsection (h) to direct DEQ to inspect each pumper truck (was pump truck) used for septage management at least once every two years. Revises the proposed changes to subsection (h1) as follows. Makes pumper truck requirements applicable to other vehicles used by the septage management firm (no longer specifies used in containment and consolidation of septage operated by the septage storage management firm). Adds inspection and vehicle regulation requirements for pumper trucks and other vehicles used in the transportation of, in addition to the containment and consolidation of, liquid septage (was septage), and adds a new requirement for pumper trucks and vehicles used in this way to be listed by the firm on its permit. Now requires equipment used in the containment and consolidation of septage to be regulated as septage detention or treatment sites and require permitting. Regarding the proposed requirement for tanker vehicles used by a permitted septage management firm to meet all federal and state highway laws, now sets the scope of the requirement as all pumper trucks and vehicles used by the permitted firm, or alternatively, provides for the pumper trucks and vehicles to have a maximum capacity of no more than 21,000 gallons. Now allows pumper trucks and vehicles listed on the approved firm's permit (was septage vehicles) to remain loaded or partially loaded for up to seven days. 

    Eliminates the proposed changes to GS 130A-291.3, regarding septage operator training. Adds a new requirement for DEQ to notify all septage management firm operators of changes to rules within 30 days of adoption, and to post all septage management program rules to its website. Eliminates the requirement for DEQ to establish educational committees to develop and approve a training curriculum to satisfy the statute's training requirement. Adds new provisions requiring DEQ to develop and maintain a list of approved instruction courses that have relevance to septage management firms, septage land application site operators, and septage detention or treatment facility operators. Provides further parameters for the courses. Allows DEQ to approve additional training courses on a case-by-case basis. 

    Regarding the directive for the Environmental Review Commission to implement the Septage Land Application Site Renewal Rule (15A NCAC 13B .0832) to provide for subsequent permit renewals for septage land application sites to be valid for 10 years, provides that the directive applies to septage land application site permit renewals issued on or after June 1, 2021 (was May 1, 2021).

    Adds the following new content. Prohibits DEQ from offering renewal education online for septage management firm operators or septage land application operators unless needed on a case-by-case basis in coordination with the septage industry associations. Effective the earlier of either June 1, 2021, or upon the date an executive order rescinding Section 5 of Executive Order No. 209 (2021) becomes effective.


  • Summary date: Apr 1 2021 - More information

    Regarding the permitting required for septage management firms to commence or continue operation pursuant to GS 130A-291.1, adds a new provision requiring the Department of Environmental Quality to either grant or deny the permit within 90 days of application. Requires DEQ to notify the septage management firm the basis for denial and give the firm an opportunity to correct the basis for denial. Further amends the statute to explicitly authorize septage management firm permits and septage land application site permits to be amended to reflect changes in ownership or corporate structure upon notification to DEQ. Expands site inspection authority to include properly qualified persons approved by DEQ. Excludes from the biennial inspection of pump trucks used for septage management and DEQ listing requirements vehicles and equipment used on site that are not integral to compliance with the nutrient management plan. Makes pumper truck requirements applicable to other vehicles used in containment and consolidation of septage operated by the septage storage management firm. Adds inspection and vehicle regulation requirements for pumper trucks and other vehicles used in containment and consolidation of septage; bars regulation as septic detention facilities. Requires tanker vehicles used by a permitted septage management firm to meet all federal and state highway laws. Allows septage vehicles that are listed on the approved septage management firm's permit to remain loaded or partially loaded for up to seven days. Requires vehicles used in the transportation, containment, consolidation, or treatment of septage to be located on the premises of the septage management firm or on the property of another party by legal agreement of the septage management firm and the property owner. 

    Eliminates the requirement for DEQ to establish education committees to develop and approve a training curriculum for septage operators under GS 130A-291.3. Revises the training required for septage operators to now require attending a training course of at least three hours in the first year of licensure. Provides for mandatory waiver of instruction requirements for septage operators applying for subsequent permit renewals so long as the operator continues to satisfy other requirements of the rules adopted by the Environmental Review Commission. Adds a new requirement for DEQ to notify all septage management firm operators of changes to rules within 30 days of adoption, and to post all septage management program rules to its website. Makes conforming changes. 

    Directs the Environmental Review Commission to implement the Septage Land Application Site Renewal Rule (15A NCAC 13B .0832) to provide for subsequent permit renewals for septage land application sites to be valid for 10 years. Directs the Environmental Review Commission to adopt a rule to amend the identified rule consistent with the described directive. Applies to septage land application site permit renewals issued on or after May 1, 2021.


© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view