Bill Summary for S 229 (2011-2012)

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Summary date: 

Jun 11 2012

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 229 (Public) Filed Monday, March 7, 2011
Intro. by East, Rouzer, Jackson.

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Bill 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.