GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 342
The General Assembly of North Carolina enacts:
Section 1. G.S. 74-53(3) reads as rewritten:
"(3) In open cast At
open pit mining operations, all overburden and spoil shall be left in a
configuration which is in accordance with accepted conservation practices and
which is suitable for the proposed subsequent use of the land."
Sec. 2. G.S. 104E-8(c)(6) reads as rewritten:
"(6) The Division of
Radiation Protection of the Department [of] Environment, Health, and
Natural [Resources]; Department;".
Sec. 3. G.S. 104E-8(g) reads as rewritten:
"(g) All clerical and
other services required by the Commission shall be supplied by the Secretary
of Environment, Health, and Natural [Resources]. Secretary."
Sec. 4. G.S. 115C-323 is amended by deleting the phrase "Secretary of Human Resources" and substituting "Secretary of Environment, Health, and Natural Resources".
Sec. 5. G.S. 120-70.33(3) reads as rewritten:
"(3) To evaluate actions of
the Governor's Waste Management Board, the Radiation Protection Commission, and
the Radiation Protection Section of the Department of Human Resources, Division
of Radiation Protection of the Department of Environment, Health, and Natural
Resources, and of any other board, commission, department, or agency of the
State or local government as such actions relate to low-level radioactive waste
management;".
Sec. 6. G.S. 130A-11 reads as rewritten:
"§ 130A-11. Residencies in public health.
The Department shall establish a residency program designed
to attract physicians and dentists into the field of public health and
to train them in the specialty of public health practice. The program
shall include practical experience in public health principles and
practices."
Sec. 7. G.S. 130A-290(b) is amended by deleting the citation "G.S.130A-309.17"and substituting "G.S. 130A-309.24".
Sec. 8. G.S. 130A-310.5(c) reads as rewritten:
"(c) The cost of any
action by the Secretary pursuant to this section may be paid from the Inactive
Hazardous Sites Cleanup Fund, or the Emergency Hazardous Waste Site Remedial
Fund [Emergency Response Fund] Emergency Response Fund established
pursuant to G.S. 130A-306, subject to a later action for reimbursement pursuant
to G.S. 130A-310.7."
Sec. 9. G.S. 143-214.5(g) reads as rewritten:
"(g) Civil Penalties. - A
local government which fails to adopt a local water supply watershed protection
program as required by this section shall be subject to a civil penalty
pursuant to G.S. 143-215.6(a)(5). 143-215.6A(e). In any
area of the State which is not covered by an approved local water supply
watershed protection program, any person who violates or fails to act in
accordance with any statewide minimum management requirement established
pursuant to this section shall be subject to a civil penalty as specified in
G.S. 143-215.6(a)(1)g. 143-215.6A(a)(7)."
Sec. 10. G.S. 143-215.36(b)(4) reads as rewritten:
"(4) If the person
assessed fails to pay the amount of the assessment to the Department within 30
days after receipt of notice, the Commission may request the Attorney General
to institute a civil action in the superior court of the county or counties in
which the person assessed resides or has his or its principal place of
business, to recover the amount of the assessment. The Secretary
shall notify any person assessed a civil penalty of the assessment and the
specific reasons therefor by registered or certified mail, or by any means
authorized by G.S. 1A-1, Rule 4. Contested case petitions shall be filed
within 30 days of receipt of the notice of assessment."
Sec. 11. G.S. 143-215.36(b)(7) reads as rewritten:
"(7) The Secretary may
delegate his powers and duties under this section to the Director of the
Division of Environmental Management Land Resources of the
Department."
Sec. 12. G.S. 143-215.45 reads as rewritten:
"§ 143-215.45. Transfer of right of withdrawal.
A person with a right of withdrawal may assign or transfer it
in whole or in part to another, subject to those rights of reassignment or
transfer by the State specified in G.S. 143-354(11). 143-354(a)(11).
A person who has a right of withdrawal of excess volume of water by virtue
of an assignment or transfer has an interest in water superior to other
interests only to the extent that his withdrawal is in accordance with the
terms of the assignment or transfer."
Sec. 13. G.S. 143-215.94EE(b) reads as rewritten:
"(b) Any unexplained
discharge of oil, natural gas or drilling wastes occurring in waters beyond the
jurisdiction of the State that for any reason penetrates within State
jurisdiction shall be removed by or under the direction of the
Department. Except for any expenses incurred by the responsible person,
should such person become known, all expenses incurred in the removal of such
discharges shall be paid promptly by the State from the 'Oil and Oil
or Other Hazardous Substances Pollution Protection Fund' Fund established
pursuant to G.S. 143-215.87 or from any other available sources. In the
case of unexplained discharges, the matter shall be referred by the Secretary
to the North Carolina Attorney General for collection of damages pursuant to
G.S. 143-215.94FF of this Part. At his discretion, the Attorney General
may refer the matter to the State Bureau of Investigation or other appropriate
State or federal authority to determine the identity of the responsible
person."
Sec. 14. G.S. 143-215.94II(d) reads as rewritten:
"(d) In addition to the
powers enumerated in G.S. 14-288.15, in the case of such an emergency described
in subsection (a) of this section, the Governor is further authorized and
empowered to transfer any funds available to him by statute for emergency use
into the 'Oil and Oil or Other Hazardous Substances Pollution
Protection Fund' Fund created pursuant to G.S. 143-215.87, to be
utilized for the purposes specified therein."
Sec. 15. (a) G.S. 143-350 reads as rewritten:
"§ 143-350. Definitions.
Definitions as As used in this Article:
(1) 'Environmental
Management Commission' 'Commission' means the Environmental
Management Commission created by G.S. 143B-282. Commission.
(2) 'Department'
means the Department of Environment, Health, and Natural Resources created
by G.S. 143-212. Resources."
(b) The Revisor of Statutes shall delete the phrase "Environmental Management Commission "wherever it occurs in Article 38 of Chapter 143 of the General Statutes and substitute the word "Commission".
Sec. 16. (a) The first sentence of Section 31 of Chapter 1004 of the 1989 Session Laws (1990 Regular Session) is amended by deleting "143-279.3"and substituting "143B-279.3".
(b) G.S. 143B-279.3(b)(18), as amended by Section 31 of Chapter 1004 of the 1989 Session Laws (1990 Regular Session) and subsection (a) of this section, is amended by inserting the word "Heritage" between the word "Natural" and the word "Trust".
(c) Sections 223, 224, 226, and 227 of Chapter 727 of the 1989 Session Laws apply to this section and to G.S. 143B-279.3, as amended by Section 31 of Chapter 1004 of the 1989 Session Laws (1990 Regular Session) and this section.
(d) This section is effective on and after 1 July 1989.
Sec. 17. G.S. 143B-285.11(4) reads as rewritten:
"(4) 'Hazardous waste landfill
disposal facility' has the same meaning as in G.S. 130A-290."
Sec. 18. G.S. 153A-299.4 reads as rewritten:
"§
153A-299.4. Approval by Department of Human Environment,
Health, and Natural Resources.
The Department of Human Environment, Health, and
Natural Resources must approve all contracts entered into pursuant to this
Part before such contract may become effective."
Sec. 19. Except as otherwise provided herein, this act is effective upon ratification.
In the General Assembly read three times and ratified this the 19th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives