AN ACT TO (1) REQUIRE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO TRANSFER A PERMIT FOR A STORMWATER MANAGEMENT SYSTEM FROM A DECLARANT OF A CONDOMINIUM OR PLANNED COMMUNITY TO AN OWNERS ASSOCIATION UPON REQUEST OF THE PERMITTEE AND SUBMISSION OF DOCUMENTATION THAT DECLARANT CONTROL HAS TERMINATED, (2) PROVIDE THAT THE RULES OF A SANITARY DISTRICT MAY NOT BE MORE RESTRICTIVE THAN OR CONFLICT WITH THE REQUIREMENTS OR ORDINANCES OF A COUNTY WITH JURISDICTION OVER THE AREA; AND (3) PROHIBIT ANY PERSON FROM CONTRACTING OR SUBCONTRACTING TO RENT OR LEASE TO ANOTHER A PORTABLE TOILET OR MANAGE OR DISPOSE OF WASTE FROM A PORTABLE TOILET UNLESS THAT PERSON IS PERMITTED TO OPERATE A SEPTAGE MANAGEMENT FIRM. Summarized in Daily Bulletin 4/7/11, 5/12/11, and 6/7/11. Enacted June 23, 2011. Effective June 23, 2011.
Bill Summaries: H750 ASSCS.-STORMWATER RESP./SD & SEPT'G. RULES (NEW).
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Summary date: Jun 30 2011 - View Summary
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Bill H 750 (2011-2012)Summary date: Jun 7 2011 - View Summary
Senate committee substitute makes the following changes to 2nd edition. Directs the Department of Environment and Natural Resources (DENR) to prohibit any person from contracting or subcontracting to rent or lease to another a portable toilet or manage or dispose of waste from a portable toilet, regardless of ownership of the portable toilet, unless that person is permitted to operate a septage management firm. Directs the Commission for Public Health to adopt rules consistent with the above provisions by January 1, 2014. Makes conforming change to the title.
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Bill H 750 (2011-2012)Summary date: May 12 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Rewrites and clarifies proposed GS 143-214.7(c2) to require the Department of Environment and Natural Resources (DENR) to transfer a permit for a stormwater management system from the declarant of a condominium or a planned community to the unit owners association, owners association, or other management entity identified in the condominium or planned community’s declaration upon request of a permittee if DENR finds the following: (1) the common areas related to the operation and maintenance of the management system have been conveyed to the unit owners association or owners association, (2) the declarant conveyed at least 50% of the units or lots to owners other than a declarant, and (3) the management system is in substantial compliance with the stormwater permit. Clarifies that a permittee must submit documentation to DENR to demonstrate that ownership of the common area has been conveyed from the declarant to the association and that the declarant conveyed at least 50% of the units or lots to owners other than a declarant. Defines declarant of a condominium and declarant of a planned community for purposes of the subsection.
Adds additional language to GS 130A-55(7) to clarify that specified sanitary district rules can be no more restrictive than or conflict with requirements or ordinances of any county having jurisdiction over the area, and if a conflict arises, the requirements or ordinances of the county having jurisdiction over the area control.
Makes conforming changes to title.
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Bill H 750 (2011-2012)Summary date: Apr 7 2011 - View Summary
Adds a new subsection (c2) to GS 143-214.7 for the purpose as the title indicates. Requires a finding by the Department of Environment and Natural Resources that the stormwater best management practice is in substantial compliance with the stormwater permit issued to the Declarant as a condition of the transfer of the permit. Provides criteria to determine when declarant control is deemed to have terminated.