GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 3
SENATE BILL 469
Second Edition Engrossed 4/25/17
House Committee Substitute Favorable 6/22/17
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Short Title: Amend Environmental Laws - 4. |
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Referred to: |
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March 30, 2017
A BILL TO BE ENTITLED
AN ACT to amend various environmental laws.
The General Assembly of North Carolina enacts:
CONSERVE MUNICIPAL SOLID WASTE LANDFILL CAPACITY
SECTION 1. G.S. 130A‑309.09B(a) reads as rewritten:
"(a) Each unit of local government shall establish and maintain a solid waste reduction program. The following requirements shall apply:
(1) Demolition debris consisting of used asphalt or used asphalt mixed with dirt, sand, gravel, rock, concrete, or similar nonhazardous material may be used as fill and need not be disposed of in a permitted landfill or solid waste disposal facility, provided that demolition debris may not be placed in the waters of the State or at or below the seasonal high water table.
(2) Repealed by Session Laws 1991, c. 621, s. 8.
(3) Units of local government are encouraged to separate marketable plastics, glass, metal, and all grades of paper for recycling prior to final disposal and are further encouraged to recycle yard trash and other organic solid waste into compost available for agricultural and other acceptable uses.
(4) Notwithstanding G.S. 130A‑291(b), units of local government shall not, by ordinance or otherwise, prohibit the disposal of construction and demolition debris in any sanitary landfill permitted for the disposal of construction and demolition debris, which landfill has a valid and operative franchise agreement and is otherwise properly permitted pursuant to G.S. 130A‑294."
WASTEWATER/SEPTIC rules and permitting MODIFICATIONS
SECTION 2.(a) G.S. 130A‑334(9a) reads as rewritten:
"(9a) "Repair" means the extension, alteration, replacement, or relocation of existing components of a wastewater system. Replacement of a damaged distribution device by an on‑site wastewater contractor certified under Article 5 of Chapter 90A of the General Statutes shall not constitute a repair to a permitted wastewater system."
SECTION 2.(b) G.S. 130A‑337 reads as rewritten:
"§ 130A‑337. Inspection; operation permit required.
(a) No system of wastewater collection, treatment and disposal shall be covered or placed into use by any person until an inspection by the local health department has determined that the system has been installed or repaired in accordance with any conditions of the improvement permit, the rules, and this Article.
(b) Upon determining that
the system is properly installed or repaired and that the system is capable
of being operated in accordance with the conditions of the improvement permit,
the rules, this Article and any conditions to be imposed in the operation
permit, as applicable, repaired, and upon the written release of an on‑site
wastewater contractor certified under Article 5 of Chapter 90A of the General
Statutes that the system has been installed or repaired as per the conditions
of the improvement permit and authorization for wastewater system construction,
the local health department shall issue an operation permit permit,
along with any conditions imposed in the operation permit, authorizing the
residence, place of business or place of public assembly to be occupied and for
the system to be placed into use or reuse. Subsequent findings or
interpretation of rules of the local board of health by the local health
department outside the initial site evaluation and conditions of the initial improvement
permit and authorization for wastewater system construction shall not be used
to deny issuance of the operation permit.
…."
SECTION 2.(c) G.S. 130A‑335 reads as rewritten:
"§ 130A‑335. Wastewater collection, treatment and disposal; rules.
…
(a1) Any proposed site for a
residence, place of business, or a place of public assembly located in an area
that is not served by an approved wastewater system for which a new wastewater
system is proposed or repair is necessary for compliance may be evaluated for
soil conditions and site features by a licensed soil scientist or licensed
geologist. person licensed pursuant to Chapter 89F of the General
Statutes as a licensed soil scientist. For purposes of this subsection,
"site features" include topography and landscape position; soil
characteristics (morphology); soil wetness; soil depth; restrictive horizons;
available space; and other applicable factors that involve accepted public
health principles. A person licensed pursuant to Chapter 89E of the General
Statutes as a licensed geologist may evaluate the proposed site or repair area,
as applicable, for geologic and hydrogeologic conditions.
(a2) Evaluations for soil conditions and site features conducted by a licensed soil scientist or licensed geologist for special hydrologic conditions pursuant to subsection (a1) of this section shall be approved by the applicable permitting authorities under G.S. 130A‑336 and G.S. 130A‑336.1 to produce the design and construction features of the new proposed wastewater system or the proposed repair project for an existing wastewater system, including to address any special hydrologic conditions that may be required under the applicable rules for an authorization to construct or for permitting, provided both of the following conditions are met:
(1) The evaluation of soil conditions, site features, or special hydrologic conditions satisfies all requirements of this Article. The evaluation shall not cover areas outside the scope of the applicable license.
(2) A licensed soil scientist or licensed geologist conducting such evaluation maintains an errors and omissions liability insurance policy in an amount commensurate with the risk that is issued by a licensed insurer. Liability shall only attach for areas within the scope of work of the applicable license.
…
(c) A wastewater system subject to approval under rules of the Commission shall be reviewed and approved under rules of a local board of health in the following circumstances:
(1) The local board of health, on its own motion, has requested the Department to review its proposed rules concerning wastewater systems; and
(2) The local board of health
has adopted by reference the wastewater system rules adopted by the Commission,
with any more stringent modifications or additions deemed necessary by the
local board of health to protect the public health;health. Local boards of health shall use historical experience to
establish modifications or additions to rules established by the Commission; and
(3) The Department has found
that the rules rules, including modifications or additions to the
Commission's rules, of the local board of health concerning wastewater
collection, treatment and disposal systems are at least as stringent as rules
adopted by the Commission and are sufficient and necessary to
safeguard the public health.
…
(e) The rules of the Commission and the rules of the local board of health shall address at least the following: Wastewater characteristics; Design unit; Design capacity; Design volume; Criteria for the design, installation, operation, maintenance and performance of wastewater collection, treatment and disposal systems; Soil morphology and drainage; Topography and landscape position; Depth to seasonally high water table, rock and water impeding formations; Proximity to water supply wells, shellfish waters, estuaries, marshes, wetlands, areas subject to frequent flooding, streams, lakes, swamps and other bodies of surface or groundwaters; Density of wastewater collection, treatment and disposal systems in a geographical area; Requirements for issuance, suspension and revocation of permits; and Other factors which affect the effective operation and performance of wastewater collection, treatment and disposal systems. The rules regarding required design capacity and required design volume for wastewater systems shall provide that exceptions may be granted upon a showing that a system is adequate to meet actual daily water consumption. The rules of the Commission and the rules of a local board of health shall not (i) establish limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day or (ii) require sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater.
…."
SECTION 2.(d) G.S. 130A‑336.1 reads as rewritten:
"§ 130A‑336.1. Alternative process for wastewater system approvals.
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(e) Site Design, Construction, and Activities.
(1) The professional engineer designing the proposed wastewater system shall use recognized principles and practices of engineering and applicable rules of the Commission in the calculations and design of the wastewater system. The investigations and findings of the professional engineer shall include, at a minimum, the information required in rules adopted by the Commission pursuant to G.S. 130A‑335(e). The professional engineer may, at the engineer's discretion, employ pretreatment technologies not yet approved in this State.
(2) Notwithstanding
G.S. 130A‑335(a1), the owner of the proposed wastewater system shall
employ either a licensed soil scientist or a geologist, licensed pursuant to
Chapter 89E of the General Statutes and who has applicable professional
experience, to evaluate soil conditions and site features.a person
licensed pursuant to Chapter 89F of the General Statutes as a licensed soil
scientist to conduct soil and site evaluations and, as applicable, a person
licensed pursuant to Chapter 89E of the General Statutes as a licensed
geologist to evaluate geologic and hydrogeologic conditions.
…."
SECTION 2.1.(a) Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (c) of this section, the Commission and any local board of health shall implement 15A NCAC 18A .1945 (Available Space) as provided in subsection (b) of this section.
SECTION 2.1.(b) Notwithstanding 15A NCAC 18A .1945, the Commission and the rules of a local board of health shall not require sufficient available space for a replacement wastewater system of 480 gallons per day or less of domestic wastewater.
SECTION 2.1.(c) The Commission for Public Health shall adopt rules to amend 15A NCAC 18A .1945 consistent with subsection (b) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 2.1.(d) This section is effective when it becomes law. Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective.
SECTION 2.2.(a) Until the effective date of the revised permanent rule that the Commission for Public Health is required to adopt pursuant to subsection (c) of this section, the Commission and any local board of health shall implement 15A NCAC 18A .1943 (Soil Depth) as provided in subsection (b) of this section.
SECTION 2.2.(b) Notwithstanding 15A NCAC 18A .1943, the Commission and the rules of a local board of health shall not establish limitations on depths to suitable, provisionally suitable, or unsuitable soils or saprolite, or limitations based solely on gallons per day.
SECTION 2.2.(c) The Commission for Public Health shall adopt rules to amend 15A NCAC 18A .1943 consistent with subsection (b) of this section. Notwithstanding G.S. 150B‑19(4), the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (b) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B‑21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B‑21.3(b2).
SECTION 2.2.(d) This section is effective when it becomes law. Subsection (b) of this section expires on the date that rules adopted pursuant to subsection (c) of this section become effective.
REPORT ON RULES FOR REMEDIATION OF CERTAIN UNDERGROUND STORAGE TANKS
SECTION 3.(a) The Environmental Management Commission shall adopt temporary rules implementing Section 14.16B of S.L. 2015‑241 no later than October 1, 2017. Notwithstanding G.S. 150B‑21.1(d), the temporary rules shall remain in effect until the effective date of the permanent rule adopted to replace the temporary rule.
SECTION 3.(b) The Commission shall report regarding the status of the rule making required by this act and by Section 14.16B of S.L. 2015‑241 to the Fiscal Research Division and the chairs of the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources no later than December 31, 2017.
Shellfish enterprise areas
SECTION 4.(a) G.S. 113‑201 is amended by adding a new subsection to read:
"(d) The Marine Fisheries Commission may adopt rules to establish Shellfish Aquaculture Enterprise Areas to facilitate shellfish aquaculture opportunities through advanced siting and preapprovals from relevant federal and State agencies. The Secretary shall only issue nontransferrable leases within designated Shellfish Aquaculture Enterprise Areas. Any leased parcel within a Shellfish Aquaculture Enterprise Area that is relinquished or terminated shall revert to the State and be made available to other applicants."
SECTION 4.(b) G.S. 113‑201.1 is amended by adding a new subdivision to read:
"(3a) "Shellfish Aquaculture Enterprise Area" means an area designated and permitted by the Department that is subdivided into parcels and made available for shellfish aquaculture leasing."
marine fisheries clarifying changes
SECTION 5.(a) G.S. 113‑203 reads as rewritten:
"§ 113‑203. Transplanting of oysters and clams.
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(a2) It is unlawful to do any of the following:
(1) Transplant oysters or clams taken from public grounds to private beds except when lawfully taken during open season and transported directly to a private bed in accordance with rules of the Marine Fisheries Commission.
(2) Transplant oysters or clams taken from permitted aquaculture operations to private beds except from waters in the approved classification.
(3) Transplant oysters or clams from public grounds or permitted aquaculture operations utilizing waters in the prohibited, restricted or conditionally approved classification to private beds except when the transplanting is done in accordance with the provisions of this section and implementing rules.
(a3) It Unless the
Secretary determines that the nursery of shellfish in an area will present a
risk to public health, it is lawful to transplant seed oysters or seed
clams taken from permitted aquaculture operations that use waters in the prohibited,
restricted or conditionally approved classification to private beds
pursuant to an Aquaculture Seed Transplant Permit issued by the Secretary that
sets times during which transplant is permissible and other reasonable
restrictions imposed by the Secretary under either of the following
circumstances:
(1) When transplanting seed clams less than 12 millimeters in their largest dimension.
(2) When transplanting seed oysters less than 25 millimeters in their largest dimension.
…."
SECTION 5.(b) G.S. 113‑168.4(b) reads as rewritten:
"(b) Except as otherwise provided in this section, it is unlawful for any person licensed under this Article to sell fish taken outside the territorial waters of the State or to sell fish taken from coastal fishing waters. A person licensed under this Article may sell fish taken outside the territorial waters of the State or sell fish taken from coastal fishing waters under any of the following circumstances:
(1) The sale is to a fish dealer licensed under G.S. 113‑169.3.
(2) The sale is to the public and the seller is a licensed fish dealer under G.S. 113‑169.3.
(3) The sale is of oysters
or clams from fish reared in a hatchery or aquaculture operation to the
holder of an Aquaculture Operation Permit, an Under Dock Culture Permit, or a
shellfish cultivation lease for further grow out."
River Herring fisheries management
SECTION 6. The Division of Marine Fisheries shall review its Fishery Management Plan for river herring (blueback herring, Alosa aestivalis, and alewife, Alosa pseudoharengus) and report no later than December 15, 2017, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources regarding the continuing validity and scientific basis for the continued status of both species as "overfished." If the Division does not have an adequate scientific basis to review the status of both species, then the report should include cost estimates for the restoration of spawning and nursery area surveys and age composition work for all coastal streams within the State that historically contained significant river herring fisheries.
State participation in siting of atlantic intracoastal waterway dredged material disposal Easements
SECTION 7.(a) The Division of Water Resources of the Department of Environmental Quality and the State Property Office are authorized to negotiate with appropriate agencies of the federal government an agreement for the State to assume responsibility for acquiring dredged material easement sites appropriate for maintenance dredging of the Atlantic Intracoastal Waterway between Beaufort Inlet and the border with the Commonwealth of Virginia in exchange for the reduction in size and possible change in location of dredged material disposal easement sites currently held by the federal government. The agreement shall provide for the federal government to relinquish certain dredged material disposal easements that are excess to maintenance project needs in exchange for the acquisition and furnishing to the federal government other easements that are sited and permitted by the Division of Coastal Management and acquired by the State Property Office under its powers of condemnation or otherwise using such funds as may be appropriated by the General Assembly from the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund established under Part 8B of Article 21 of Chapter 143 of the General Statutes for that purpose.
SECTION 7.(b) G.S. 143‑215.73F(b) is amended by adding a new subdivision to read:
"(4) To provide funding for siting and acquisition of dredged disposal easement sites associated with the maintenance of the Atlantic Intracoastal Waterway north of Beaufort Inlet and south of the border with the Commonwealth of Virginia, under a Memorandum of Agreement between the State and the federal government."
SEVERABILITY CLAUSE AND EFFECTIVE DATE
SECTION 8.(a) If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part declared to be unconstitutional or invalid.
SECTION 8.(b) Except as otherwise provided, this act is effective when it becomes law.