Bill Summary for H 1005 (2015-2016)

Summary date: 

Apr 27 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1005 (Public) Filed Wednesday, April 27, 2016
AN ACT TO LIMIT ISSUANCE OF HEALTH ADVISORIES FOR DRINKING WATER TO PARAMETERS FOR WHICH MAXIMUM CONTAMINANT LEVELS (MCLS) OR TREATMENT TECHNIQUES (TTS) HAVE BEEN ESTABLISHED BY STATE OR FEDERAL LAW OR FOR WHICH INTERIM MAXIMUM ALLOWABLE CONCENTRATIONS (IMACS) HAVE BEEN ESTABLISHED FOR A PARAMETER IN THE CONTEXT OF A STATE-LED INVESTIGATION OF CONTAMINATION THAT PRESENTS AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE OR THE ENVIRONMENT, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.
Intro. by Dixon.

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Bill summary

Amends GS 87-97, Permitting, inspection, and testing of private drinking water wells, by enacting a new subsection (j1) that provides that no state agency, local board of health, or local health department can issue a health advisory for the presence of a contaminant in a newly constructed or other well unless it falls into one of three listed circumstances: (1) a maximum contaminant level (MCL) or a treatment technique (TT) has been adopted by federal law and the MCL or TT has exceeded that, (2) a MCL or TT has been enacted by state law and the MCL or TT has exceeded that, or (3) an interim maximum allowable concentration has been established for a substance in the context of a State-led investigation under 15 NCAC 02L .0202.  Provides that this new subsection (j1) is not to be construed or implemented in conflict with federal law or to limit the authority of the Department of Health and Human Services (Department) to require investigation, initial response, or remediation of environmental contamination under any provision of State law necessary to address an imminent threat to public health, safety or welfare, or the environment. Amends subsection (l), providing that GS 87-97 cannot be construed to limit any authority of local boards of health, local health departments, the Department, or the Commission for Public Health to protect the public health, except as limited by new subsection (j1) (currently, no exception).

Amends GS 130A-315, Drinking water rules; exceptions; limitation on implied warranties, by adding a new subsection (h) that bars the Department from issuing or directing any unit of local government to issue a health advisory for the presence of a contaminate in a public water system unless it falls into one of three listed circumstances, identical to those in GS 87-97 new subsection (j1).  Provides that this new subsection (h) is not to be construed or implemented in conflict with federal law or to limit the authority of the Department to require investigation, initial response, or remediation of environmental contamination under any provision of state law necessary to address an imminent threat to public health, safety or welfare, or the environment.

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