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.

The General Assembly of North Carolina enacts:

SECTION 1.  Pursuant to G.S. 150B‑21.3(b1), 15A NCAC 02B .0295 (Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers), as adopted by the Environmental Management Commission on May 9, 2013, and approved by the Rules Review Commission on July 18, 2013, is disapproved.
SECTION 2.  No later than October 1, 2014, the Environmental Management Commission shall adopt a Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers Rule pursuant to G.S. 150B‑21.1. The rule adopted pursuant to this section shall be substantively identical to the recommended rule text contained in the April 10, 2014, Consolidated Buffer Mitigation Rule Stakeholder Report.
SECTION 3.  G.S. 143‑215.1 is amended by adding a new subsection to read:
"(a7)	For high rate infiltration wastewater disposal systems that utilize non-native soils or materials in a basin sidewall to enhance infiltration, the non-native soils or materials in the sidewall shall not be considered part of the disposal area provided that all of the following standards are met:
(1)	In addition to the requirements established by the Commission pursuant to subsection (a4) of G.S. 143‑215.1, the treatment system shall include a mechanism to provide filtration of effluent to 0.5 microns or less and all essential treatment units shall be provided in duplicate.
(2)	Particle size analysis in accordance with ASTM guidelines for all native and non‑native materials shall be performed. Seventy‑five percent (75%) of all non‑native soil materials specified shall have a particle size of less than 4.8 millimeters.
(3)	Non‑native materials shall comprise no more than fifty percent (50%) of the basin sidewall area.
(4)	Systems meeting the standards set out in subdivisions (1), (2), and (3) of this subsection shall be considered nondischarge systems, and the outfall of any associated groundwater lowering device shall be considered groundwater provided the outfall does not violate water quality standards."

SECTION 4.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 31st day of July, 2014.

	s/	 Tom Apodaca
	 Presiding Officer of the Senate

	s/	 Tim Moore
	 Presiding Officer of the House of Representatives

	s/	 Pat McCrory
	 Governor

Approved 11:56 a.m. this 1st day of August, 2014