Bill Summary for H 119 (2011-2012)
|View NCGA Bill Details||2011-2012 Session|
TO AMEND CERTAIN ENVIRONMENTAL AND NATURAL RESOURCES LAWS TO (1) CLARIFY THE PROHIBITION ON DISPOSAL IN LANDFILLS OR BY INCINERATION OF BEVERAGE CONTAINERS THAT ARE REQUIRED TO BE RECYCLED BY CERTAIN ABC PERMITTEES; (2) DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO INCORPORATE STORMWATER CAPTURE AND REUSE STANDARDS AND BEST MANAGEMENT PRACTICES INTO STORMWATER RUNOFF RULES AND PROGRAMS; AND (3) AMEND THE WATER USE STANDARD FOR PUBLIC MAJOR FACILITY CONSTRUCTION AND RENOVATION PROJECTS TO REQUIRE THE INSTALLATION OF WEATHER BASED IRRIGATION CONTROLLERS AND AUDITS OF EXISTING IRRIGATION SYSTEMS BY AN IRRIGATION CONTRACTOR LICENSED UNDER CHAPTER 89G OF THE GENERAL STATUTES.Intro. by Gillespie, McElraft.
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Senate amendments make the following changes to 3rd edition. Amendment #1 rewrites proposed GS 143-215.1(a5) to remove references to sewer systems, and to provide that a permit issued under the statute may be modified if required by federal law. Amends proposed GS 143-215.25A(a)(7) to provide that the exemption set forth in the subdivision does not apply to dams that are determined to be high-hazard by the Department. Amends proposed GS 143-215.94B(i) to provide that any portion of the funds not used, as provided in the subsection, revert to the Commercial Fund for the uses otherwise provided by the statute. Enacts new GS 143-215.94D to grant, and detail, the Department’s use of up to $100,000 of the funds in the Noncommercial Fund to fund necessary assessment and cleanup to be conducted by the Department of discharges or releases for which a responsible party has been identified but for which the responsible party can demonstrate that undertaking the costs of assessment and cleanup will impose a severe financial hardship. Rewrites Section 2(b) of SL 2009-216 to direct certain dischargers comply with the Wastewater Discharge Rule as set forth in the session law by no later than 2016, unless the discharger has received an authorization for the construction, installation, or alteration of the treatment works for purposes of complying with the allocation under the Wastewater Discharge Rule by December 31, 2016, at which point the compliance date is no later than calendar year 2018. Deletes changes to SL 2009-216, Section 3(d). Directs Section 319 Nonpoint Source Management Program Competitive Grant funds to consider water quality benefit and be distributed in a fair and equitable manner based on the grant requirements and the benefit. Deletes all provisions in previous edition concerning proposed GS 143-214.18, regarding exemption to riparian buffer requirements for certain private properties in the Neuse River and Tar-Pamlico River Basins. Provides details, including definitions, implementation, study, and rule making authority, related to the Neuse River Basin Riparian Buffer Rule and Tar-Pamlico River Basin Riparian Buffer Rule. Directs the Division of Water Quality to establish a Workgroup of Nonpoint Source Agencies to consider the competitive grant project proposals. Provides that the Workgroup be given full input to the project funding decisions. Deletes previous amendments to GS 130A-290(a)(35) conforming the definition of solid waste to federal law. Makes other technical, organizational, and clarifying changes. Makes conforming change to bill title.
Amendment #3 amends GS 130A-295.04(a) to require, in addition to other financial responsibility requirements for solid waste management under the Part, an applicant for a permit or permit holder for a hazardous waste facility must establish financial assurance that will ensure that sufficient funds are available for subsequent cost incurred by the Department in response to an incident at a facility. Deletes provision concerning an applicant for a permit or permit holder ensuring sufficient funds are also available for corrective action and for offsite screening for potential migration of contaminants in the event of a release of hazardous waste or hazardous waste constituents in the environment in an amount approved by the Department. Deletes provision allowing the Department to require an applicant for a permit for a hazardous waste facility to provide cost estimates for facility closure, post closure maintenance and monitoring, and any corrective action that the Department may require to the Department. Provides that compliance with the financial assurance requirements set forth under federal law is sufficient to meet the requirements regarding financial assurance requirements in the statute. Directs the Commission to adopt rules regarding financial responsibility in order to implement the above provision. Makes a conforming change.