MITIGATION BUFFER RULE/WASTEWATER TREATMENT (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 883 (Public) Filed Thursday, June 26, 2014
AN ACT TO DISAPPROVE THE MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION, DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO ADOPT A NEW MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE, AND AMEND WASTEWATER DISPOSAL SYSTEM REQUIREMENTS.
Intro. by Brock.

Status: Ch. SL 2014-95 (Senate Action) (Aug 1 2014)

SOG comments (3):

Short and Long Title Changes

Senate committee substitute to the 1st edition makes changes to the short and long titles. The original titles are as follows:

DISAPPROVE EMC BUFFER RULE.

AN ACT TO DISAPPROVE THE MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION.

Long title change

The Senate amendment to the 2nd edition amends the act's long title. The previous long title was: A BILL TO BE ENTITLED AN ACT TO DISAPPROVE THE MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE ADOPTED BY THE MANAGEMENT COMMISSION, DIRECT THE ENVIRONMENT MANAGEMENT COMMISSION TO ADOPT A NEW MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE, AND PROVIDE THAT THE PIPING OF A STREAM ALLOWED UNDER A PERMIT ISSUED BY THE UNITED STATES ARMY CORP OF ENGINEERS IS AN EXEMPT USE UNDER THE PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN BUFFERS RULES.

Long title change

House committee substitute to the 3d edition changed the long title. Previous long title was A BILL TO BE ENTITLED AN ACT TO DISAPPROVE THE MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE ADOPTED BY THE MANAGEMENT COMMISSION AND DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO ADOPT A NEW MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE.

 

Bill History:

S 883/S.L. 2014-95

Bill Summaries:

  • Summary date: Aug 1 2014 - More information

    AN ACT TO DISAPPROVE THE MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE ADOPTED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION, DIRECT THE ENVIRONMENTAL MANAGEMENT COMMISSION TO ADOPT A NEW MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS RULE, AND AMEND WASTEWATER DISPOSAL SYSTEM REQUIREMENTS. Enacted August 1, 2014. Effective August 1, 2014.

     

  • Summary date: Jul 28 2014 - More information

    House committee substitute makes the following changes to the 3rd edition:

    Changes the short and long titles. 

    Enacts new GS 143-215.1(a7) providing that for high rate infiltration wastewater disposal systems that utilize nonnative soils or materials in a basin sidewall to enhance infiltration, nonnative soils or materials in the sidewall cannot be considered part of the disposal area when (1) in addition to requirements in GS 143-215.1(a4), the treatment system includes a mechanism to provide filtration of effluent to 0.5 microns or less and all essential treatment units are provided in duplicate; (2) particle size analysis in accordance with ASTM guidelines for all native and non-native materials are performed, with 75 percent of all nonnative soil materials specified having a particle size of less than 4.8 millimeters; (3) nonnative materials comprise no more than 50 percent of the basin sidewall area; and (4) systems meeting the standards set out in the specified subdivisions of this subsection are considered non-discharge systems and the outfall of any associated groundwater lowering device is considered groundwater, provided the outfall does not violate water quality standards. 


  • Summary date: Jul 21 2014 - More information

    The Senate amendment to the 2nd edition makes the following changes.

    Deletes sections 3 and 4 of the act, which directed the Environmental Management Commission (EMC) to adopt a Mitigation Program Requirement for Protection and Maintenance of Riparian Buffers Rule pursuant to GS 150B-21.1 that was substantively identical to the recommended text found in the Consolidated Buffer Mitigation Rule Stakeholder Report of April 10, 2014. Also required the EMC and the Department of Environment and Natural Resources (DENR) to exempt any riparian buffer impacts associated with the piping of a stream pursuant to a permit issued by the US Army Corps of Engineers. Also deletes the repeal of subdivision (2) of Section 2(c) of SL 2013-395, concerning the piping of a stream pursuant to an Army Corps of Engineers permit as an allowable use. 

    Makes conforming title changes. 


  • Summary date: Jul 17 2014 - More information

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

    Changes the short and long titles.

    Directs the Environmental Management Commission (EMC) to adopt a Mitigation Program Requirement for Protection and Maintenance of Riparian Buffers Rule pursuant to GS 150B-21.1, no later than October 1, 2014. Requires this rule to be substantively identical to the recommended text found in the Consolidated Buffer Mitigation Rule Stakeholder Report of April 10, 2014.

    Provides that the Protection and Maintenance of Riparian Buffers Rule refers to the following administrative code sections: 15A NCAC 02B .0233, 15A NCAC 02B .0243, 15A NCAC 02B .0250, 15A NCAC 02B .0259, 15A NCAC 02B .0267, and 15A NCAC 02B .0607. 

    Provides that until the permanent rules required to be adopted by the EMC are effective, the EMC and the Department of Environment and Natural Resources (DENR) must exempt, not withstanding the Protection and Maintenance of Riparian Buffers Rule, any riparian buffer impacts associated with the piping of a stream pursuant to a permit issued by the US Army Corps of Engineers. Directs the EMC to adopt rules to amend the Protection and Maintenance of Riparian Buffers Rule consistent with this provision. Provides that the rules adopted for this reason are not subject to review by the Rules Review Commission as provided for in GS 150B, Article 2A, Part 3 of the Administrative Procedure Act and will become effective as though 10 or more written objections had been received as provided by GS 150B-21.3(b2). 

    Repeals subdivision (2) of Section 2(c) of SL 2013-395, concerning the piping of a stream pursuant to an Army Corps of Engineers permit as an allowable use. 


  • Summary date: Jun 26 2014 - More information

    Disapproves 15A NCAC 02B .0295 (Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers), adopted by the Environmental Management Commission on May 9, 2013, and approved by the Rules Review Commission on July 18, 2013.


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