Bill Text: NC H1766 | 2010 | Regular Session | Chaptered


Bill Title: Amend Environmental Laws 2010

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2010-08-02 - Ch. SL 2010-180 [H1766 Detail]

Download: North_Carolina-2010-H1766-Chaptered.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

 

 

SESSION LAW 2010-180

HOUSE BILL 1766

 

 

AN ACT to amend certain environmental and natural resources laws to: (1) CHANGE THE LOCATION OF THE HORIZONTAL CONTROL MONUMENT fileS FOR PLAT AND SUBDIVISION MAPPING REQUIREMENTS; (2) provide that the president pro tempore of the senate and the speaker of the house of representatives may designate multiple members to serve as cochairs of the environmental review commission; (3) repeal the requirement that remedial action plans be recorded in the register of deeds office and modify the requirement that remedial action plans be placed in EACH PUBLIC library in THE COUNTY; (4) reESTABLISH the SURFACE WATER IDENTIFICATION TRAINING AND CERTIFICATION PROGRAM AS A COMPONENT OF THE RIPARIAN BUFFER PROTECTION PROGRAM; (5) AMEND the customer REPORTing REQUIREMENTS FOR SMALL WASTEWATER SYSTEMS; (6) amend civil penalties for certain air quality violations to conform with changes made in s.l. 2007‑296; (7) change the name of the north carolina national park, parkway and forests development council to the western north carolina public lands council; (8) CLARIFY the STANDARDs FOR qualification of VOLUNTARY WATER CONSERVATION AND WATER USE EFFICIENCY PROGRAMs; (9) amend the enforcement authority of the department of environment and natural resources under THE drought management preparedness and response act; (10) amend designation of the member of the sedimentation control commission representing a north carolina public utility company; (11) amend the notice requirements for cities, counties, sanitary districts, and water and sewer authorities when imposing or increasing certain fees or certain CHARGES; (12) provide that the prohibition on any new or increased NUTRIENT LOADING allocation applies to impaired drinking water supply reservoirs; (13) direct certain state agencies to review their planning and regulatory programs and recommend whether those programs should include consideration of the impacts of global climate change; (14) require all public agencies to recycle all spent fluorescent lights and mercury thermostats, require the removal of all fluorescent lights and mercury thermostats from buildings prior to demolition, and ban mercury‑containing products from unlined landfills; (15) authorize the Environmental Review Commission to study the penalties applicable to violations of G.S. 130A‑309.10 (Prohibited acts related to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited); (16) provide that local governments and large community water systems only require separate meters for new in‑ground irrigation systems for lots platted and recorded in the office of the register of deeds after july 1, 2009, that are connected to their systems; (17) prohibit the use of high arsenic content glass beads WHEN MARKING STATE OR MUNICIPAL ROADS or public vehicular areas; (18) enable traditional country stores to sell uncooked sandwiches, prepared on premises by store employees; (19) revise the sunset provision for nutrient offset payments; (20) make a technical correction to the definition of "notebook computer"; and (21) DELAY THE EFFECTIVE DATE OF THE CLEAN COASTAL WATER AND VESSEL ACT FROM JULY 1, 2010, TO APRIL 1, 2011, TO LIMIT THE ACT'S APPLICATION TO ONLY THOSE AREAS THAT ARE DESIGNATED AS NO DISCHARGE ZONES BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND (22) CLARIFY THE SCOPE OF RESEARCH FOR THE COASTAL WAVE ENERGY RESEARCH AND PROTOTYPE PROJECT AUTHORIZED IN THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2010; AND (23) TO amend THE NC SUSTAINABLE COMMUNITIES TASK FORCE.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 47‑30(f)(9) reads as rewritten:

"(9)      Where the plat is the result of a survey, one or more corners shall, by a system of azimuths or courses and distances, be accurately tied to and coordinated with a horizontal control monument of some United States or State Agency survey system, such as the North Carolina Geodetic Survey where the monument is within 2,000 feet of the subject property. Where the North Carolina Grid System coordinates of the monument are on file in the North Carolina Office of State Budget and Management, North Carolina Geodetic Survey Section in the Division of Land Resources of the Department of Environment and Natural Resources, the coordinates of both the referenced corner and the monuments used shall be shown in X (easting) and Y (northing) coordinates on the plat. The coordinates shall be identified as based on "NAD 83," indicating North American Datum of 1983, or as "NAD 27," indicating North American Datum of 1927. The tie lines to the monuments shall also be sufficient to establish true north or grid north bearings for the plat if the monuments exist in pairs. Within a previously recorded subdivision that has been tied to grid control, control monuments within the subdivision may be used in lieu of additional ties to grid control. Within a previously recorded subdivision that has not been tied to grid control, if horizontal control monuments are available within 2,000 feet, the above requirements shall be met; but in the interest of bearing consistency with previously recorded plats, existing bearing control should be used where practical. In the absence of Grid Control, grid control, other appropriate natural monuments or landmarks shall be used. In all cases, the tie lines shall be sufficient to accurately reproduce the subject lands from the control or reference points used."

SECTION 2.  G.S. 120‑70.42(b) reads as rewritten:

"(b)      The President Pro Tempore of the Senate shall designate one Senator to serve as cochairor more Senators and the Speaker of the House of Representatives shall designate one Representative to serve as cochair.or more Representatives to serve as cochairs."

SECTION 3.  G.S. 130A‑310.4(b) reads as rewritten:

"(b)      Before approving any remedial action plan, the Secretary shall make copies of the proposed plan available for inspection as follows:

(1)        A copy of the plan shall be provided to the local health director.

(2)        A copy of the proposed plan shall be filed with the register of deeds in the county or counties in which the site is located.

(3)        A copy of the plan shall be provided to the each public library located in closest proximity to the site in the county or counties in which the site is located.

(4)        The Secretary may place copies of the plan in other locations so as to assure the availability thereof to the public.

In addition, copies of the plan shall be available for inspection and copying at cost by the public during regular business hours in the offices of the agency within the Department with responsibility for the administration of the remedial action program."

SECTION 4.(a)  Part 1 of Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:

"§ 143‑214.25A.  Riparian Buffer Protection Program:  Surface Water Identification Training and Certification Program.

(a)        The Division of Water Quality of the Department shall develop a program to train and certify individuals to determine the presence of surface waters that would require the application of rules adopted by the Commission for the protection of riparian buffers. The Division may train and certify employees of the Division as determined by the Director of the Division of Water Quality; employees of units of local government to whom responsibility for the implementation and enforcement of the riparian buffer protection rules is delegated pursuant to G.S. 143‑214.23; and Registered Foresters under Chapter 89B of the General Statutes who are employees of the Division of Forest Resources of the Department as determined by the Director of the Division of Forest Resources. The Director of the Division of Water Quality may review the determinations made by individuals who are certified pursuant to this section, may override a determination made by an individual certified under this section, and, if the Director of the Division of Water Quality determines that an individual is failing to make correct determinations, revoke the certification of that individual.

(b)        The Division of Water Quality shall develop standard forms for use in making and reporting determinations. Each individual who is certified to make determinations under this section shall prepare a written report of each determination and shall submit the report to the agency that employs the individual. Each agency shall maintain reports of determinations made by its employees, shall forward a copy of each report to the Director of the Division of Water Quality, and shall maintain these reports and all other records related to determinations so that they will be readily accessible to the public."

SECTION 4.(b)  In implementing the Surface Water Identification Training and Certification Program established by G.S. 143‑214.25A, as enacted by Section 4(a) of this act, the Division of Water Quality of the Department of Environment and Natural Resources shall give priority to training and certifying the most highly qualified and experienced personnel in each agency.  The Division of Water Quality shall evaluate the effectiveness of the Surface Water Identification Training and Certification Program and shall submit an annual report of its findings and recommendations, if any, to the Environmental Review Commission on or before October 1 of each year.  The Division of Water Quality shall submit the first report required by this section on or before October 1, 2011. 

SECTION 4.(c)  Sections 4(a), 4(b), and 4(c) of this act shall not be construed to obligate the General Assembly to appropriate any funds to implement the provisions of this act.  Every agency to which this section applies shall implement the provisions of this act with funds otherwise appropriated or available to the agency.

SECTION 5.  G.S. 143‑215.1C(a) reads as rewritten:

"(a)       Report to Wastewater System Customers. The owner or operator of any wastewater collection or treatment works, the operation of which is primarily to collect or treat municipal or domestic wastewater and for which a permit is issued under this Part, Part and having an average annual flow greater than 200,000 gallons per day, shall provide to the users or customers of the collection system or treatment works and to the Department an annual report that summarizes the performance of the collection system or treatment works and the extent to which the collection system or treatment works has violated the permit or federal or State laws, regulations, or rules related to the protection of water quality. The report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year."

SECTION 6.  G.S. 143‑215.112(d)(1a) reads as rewritten:

"(1a)     Each governing body, or its authorized agent, shall have the power to assess civil penalties under G.S. 143‑215.114A. Any person assessed shall be notified of the assessment by registered or certified mail, and the notice shall specify the reasons for the assessment. If the person assessed fails to pay the amount of the assessment to the governing body or its authorized agent within 30 days after receipt of notice, or such longer period not to exceed 180 days as the governing body or its authorized agent may specify, the governing body may institute a civil action in the superior court of the county in which the violation occurred, to recover the amount of the assessment. If any action or failure to act for which a penalty may be assessed under this section is continuous, the governing body or its authorized agent may assess a penalty not to exceed ten thousand dollars ($10,000) twenty‑five thousand dollars ($25,000) per day for so long as the violation continues. In determining the amount of the penalty, the governing body or its authorized agent shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, and the amount of money the violator saved by not having made the necessary expenditures to comply with the appropriate pollution control requirements."

SECTION 7.(a)  The title of Part 17A of Article 7 of Chapter 143B of the General Statutes reads as rewritten:

"Part 17A. North Carolina National Park, Parkway and Forests Development Council.Western North Carolina Public Lands Council."

SECTION 7.(b)  G.S. 143B‑324.1 reads as rewritten:

"§ 143B‑324.1.  North Carolina National Park, Parkway and Forests Development Council; Western North Carolina Public Lands Council creation; powers; duties.

The North Carolina National Park, Parkway and Forests Development Council Western North Carolina Public Lands Council is created within the Department of Environment and Natural Resources. The Council shall:

."

SECTION 7.(c)  G.S. 143B‑324.2 reads as rewritten:

"§ 143B‑324.2.  North Carolina National Park, Parkway and Forests Development Council Western North Carolina Public Lands Council members; selection; officers; removal; compensation; quorum; services.

(a)        Members; Selection; and Terms of Service. The North Carolina National Park, Parkway and Forests Development Council Western North Carolina Public Lands Council within the Department of Environment and Natural Resources shall consist of seven members appointed by the Governor. The composition of the Council shall be as follows:

(1)        one One member shall be a resident of Buncombe County, County.

(2)        one One member shall be a resident of Haywood County, County.

(3)        one One member shall be a resident of Jackson County,County.

(4)        one One member shall be a resident of Swain County,County.

(5)        One member shall be a resident of Cherokee County.

(6)        three Two members shall be residents of counties adjacent to the Blue Ridge Parkway, the Great Smoky Mountains National Park or the Pisgah or Nantahala national forests.

The appointment of members shall be for terms of four years, or until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.

(b)        Officers. The Council shall elect a chairman,chair, a vice‑chairman vice‑chair, and a secretary. The chairman and the vice‑chairmanchair and vice‑chair shall all be members of the Council, but the secretary need not be a member of the Council. These officers shall perform the duties usually pertaining to such offices and when elected shall serve for a period of one year, but may be reelected. In case of vacancies by resignation or death, the office shall be filled by the Council for the unexpired term of said officer.

(c)        Removal. The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B‑16 of the Executive Organization Act of 1973.

(d)        Compensation. Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138‑5 and G.S. 143B‑15 of the Executive Organization Act of 1973.

(e)        Quorum. Five members of the Council shall constitute a quorum for the transaction of business."

SECTION 7.(d)  G.S. 143B‑324.3 reads as rewritten:

"§ 143B‑324.3.  North Carolina National Park, Parkway and Forests Development Council Western North Carolina Public Lands Council meetings.

The North Carolina National Park, Parkway and Forests Development Council Western North Carolina Public Lands Council shall meet monthly and may hold special meetings at any time and place within the State at the call of the chairman chair or upon written request of at least a majority of the members."

SECTION 7.(e)  G.S. 143B‑432(a) reads as rewritten:

"(a)       The Division of Economic Development of the Department of Natural and Economic Resources, the Science and Technology Committee of the Department of Natural and Economic Resources, the Science and Technology Research Center of the Department of Natural and Economic Resources, and the North Carolina National Park, Parkway and Forests Development CouncilWestern North Carolina Public Lands Council of the Department of Natural and Economic Resources are each hereby transferred to the Department of Commerce by a Type I transfer, as defined in G.S. 143A‑6."

SECTION 7.(f)  G.S. 143B‑433 reads as rewritten:

"§ 143B‑433.  Department of Commerce organization.

The Department of Commerce shall be organized to include:

(1)        The following agencies:

p.         North Carolina National Park, Parkway and Forests Development Council.

."

SECTION 7.(g)  G.S. 153B‑3(d) reads as rewritten:

"(d)      Membership. The Commission shall consist of 17 members as follows:

(4)        One member to represent the North Carolina National Parks, Parkway and Forests Development Council.Western North Carolina Public Lands Council.

."

SECTION 8.  G.S. 143‑355.2(h1) reads as rewritten:

"(h1)     A trade or professional organization representing commercial car washes may establish a voluntary water conservation and water use efficiency certification program to encourage and promote the use of year‑round water conservation and water use efficiency measures measures. Implementation of a voluntary water conservation and water use efficiency program shall be considered in determining compliance with local government water shortage response plans as follows:

(1)        A water conservation and water use efficiency certification may only be issued to a person that demonstrates that water use from its water consuming processes is reduced by and maintained at twenty percent (20%) or more below the yearly average water use for the calendar year preceding application for certification.full implementation of a voluntary water conservation and water use efficiency program that is approved pursuant to subdivision (3) of this subsection. In order to receive and maintain certification, a person must have its facility inspected on an annual basis by a licensed plumbing contractor who will confirm that the applicant is in compliance with the standards of the certification program.

(2)        A unit of local government that provides public water service or a large community water system shall recognize and credit a commercial car wash that has met the standards of a certification program for at least six months prior to the most recent extreme drought designation for water conservation achieved under the program. To the extent that a tiered response stage in the water shortage response plan requires commercial or industrial users to implement a percentage reduction in use, a car wash certified under a program shall be credited with the percentage reduction achieved by measures implemented under the program. Car washes certified under a program shall not be required to reduce consumption more than any other class of commercial or industrial water users during a water shortage emergency.

(3)        To qualify as an approved water conservation and water use efficiency certification program, the Department of Environment and Natural Resources shall determine that the program effectively utilizes industry best management practices for the efficient use of water and achieves year‑round reductions in water use.use and results in a reduction of twenty percent (20%) or more in average water use per vehicle. Best management practices may include, but are not limited to, recycling, reclaiming, or reusing a portion of the water in the consuming processes. If a unit of local government that provides public water service or a large community water system determines that a person certified under such a program is not complying with the terms and standards of the certification program, it may refuse to recognize and credit the conservation measures."

SECTION 9.  G.S. 143‑355.6 reads as rewritten:

"§ 143‑355.6.  Enforcement.

(a)        The Secretary may assess a civil penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) against any person who:

(1)        Fails to report water use or other information required under G.S. 143‑355(k).

(2)        Fails to act in accordance with the terms, conditions, or requirements of an order issued by the Secretary under G.S. 143‑355.3.

(3)        Violates any provision of this Article or any rule adopted by the Commission, the Department, or the Secretary implementing this Article.

(b)        For each willful action or failure to act for which a penalty may be assessed under this section, the Secretary may consider each day the action or inaction continues after notice is given of the violation as a separate violation. A separate penalty may be assessed for each separate violation.

(c)        The Secretary may assess a civil penalty of not more than ten thousand dollars ($10,000) per month against a unit of local government that provides public water service or a large community water system that fails to implement the water conservation measures set out in the water shortage response plan approved by the Department under G.S. 143‑355.2, measures required by the Department under subsections (b) and (d) of G.S. 143‑355.2, or the default measures required under rules adopted by the Commission under S.L. 2002‑167. The Secretary may remit a civil penalty based on the factors set out in G.S. 143B‑282.1(c)(1).

(c1)      The amount of the civil penalty shall be based on the factors set out in G.S. 143B‑282.1(b). The procedures set out in G.S. 143B‑282.1 shall apply to civil penalty assessments that are presented to the Commission for final agency decision.

(c2)      Requests for remission of civil penalties shall be filed with the Secretary. Remission requests shall not be considered unless made within 30 days of receipt of the notice of assessment. Remission requests must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation of the facts on which the assessment was based. Consistent with the limitations in G.S. 143B‑282.1(c) and (d), remission requests may be resolved by the Secretary and the violator. If the Secretary and the violator are unable to resolve the request, the Secretary shall deliver remission requests and the Secretary's recommended action to the Committee on Civil Penalty Remissions of the Commission appointed pursuant to G.S. 143B‑282.1(c).

(c3)      If any civil penalty has not been paid within 30 days after the notice of assessment has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or in which the violator's principal place of business is located to recover the amount of the assessment, unless the violator contests the assessment as provided in subsection (e) of this section, or requests remission of the assessment in whole or in part as provided in subsection (c2) of this section. If any civil penalty has not been paid within 30 days after the final agency decision or court order has been served on the violator, the Secretary shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or in which the violator's principal place of business is located to recover the amount of the assessment.

(d)        The violation of emergency water conservation rules adopted by the Secretary pursuant to G.S. 143‑355.3(b) is a Class 1 misdemeanor.

(e)        The Secretary shall notify any person assessed a civil penalty of the assessment and the specific reasons for the assessment 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.

(f)         The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."

SECTION 10.  G.S. 143B‑299(a) reads as rewritten:

"(a)       Creation; Membership. There is hereby created in the Department of Environment and Natural Resources the North Carolina Sedimentation Control Commission, which is charged with the duty of developing and administering the sedimentation control program provided for in this Article. The Commission shall consist of the following members:

(1)        A person to be nominated jointly by the boards of the North Carolina League of Municipalities and the North Carolina Association of County Commissioners;Commissioners.

(2)        A person to be nominated by the Board of the North Carolina Home Builders Association;Association.

(3)        A person to be nominated by the Carolinas Branch, Associated General Contractors of America;America.

(4)        The president, vice‑president, or general counselA representative of a North Carolina public utility company;company.

(5)        The Director of the North Carolina Water Resources Research Institute;Institute.

(6)        A member of the State Mining Commission who shall be a representative of nongovernmental conservation interests, as required by G.S. 74‑38(b);G.S. 74‑38(b).

(7)        A member of the State Soil and Water Conservation Commission;Commission.

(8)        A member of the Environmental Management Commission;Commission.

(9)        A soil scientist from the faculty of North Carolina State University;University.

(10)      Two persons who shall be representatives of nongovernmental conservation interests; andinterests.

(11)      A professional engineer registered under the provisions of Chapter 89C of the General Statutes nominated by the Professional Engineers of North Carolina, Inc."

SECTION 11.(a)  G.S. 153A‑102.1 reads as rewritten:

"§ 153A‑102.1.  Electronic noticeNotice of new fees and fee increases; public comment period.

(a)        If a county has a Web site maintained by one or more of its employees, theA county shall provide notice to interested parties of the imposition of or increase in fees or charges applicable solely to the construction of development subject to the provisions of Part 2 of Article 18 of this Chapter on the county's Web site at least seven days prior to the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration. The county shall employ at least two of the following means of communication in order to provide the notice required by this section:

(1)        Notice of the meeting in a prominent location on a Web site managed or maintained by the county.

(2)        Notice of the meeting in a prominent physical location, including, but not limited to, any government building, library, or courthouse within the county.

(3)        Notice of the meeting by electronic mail to a list of interested parties that is created by the county for the purpose of notification as required by this section.

(4)        Notice of the meeting by facsimile to a list of interested parties that is created by the county for the purpose of notification as required by this section.

(a1)      If a county manages or maintains a Web site, it may provide the notice required pursuant to G.S. 160A‑4.1, 130A‑64.1, or 162A‑9 on its Web site at the request of a city, sanitary district, or water and sewer authority that does not manage or maintain a Web site of its own. Any county that elects to provide such notice shall post the notice to its Web site within seven days of the request made by the city, sanitary district, or water and sewer authority.

(b)        During the consideration of the imposition of or increase in fees or charges as provided in subsection (a) of this section, the governing body of the county shall permit a period of public comment.

(c)        This section shall not apply if the imposition of or increase in fees or charges is contained in a budget filed in accordance with the requirements of G.S. 159‑12."  

SECTION 11.(b)  G.S. 160A‑4.1 reads as rewritten:

"§ 160A‑4.1.  Electronic notice Notice of new fees and fee increases; public comment period.

(a)        If a city has a Web site maintained by one or more of its employees, theA city shall provide notice to interested parties of the imposition of or increase in fees or charges applicable solely to the construction of development subject to the provisions of Part 2 of Article 19 of this Chapter on the city's Web site at least seven days prior to the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration. The city shall employ at least two of the following means of communication in order to provide the notice required by this section:

(1)        Notice of the meeting in a prominent location on a Web site managed or maintained by the city.

(2)        Notice of the meeting in a prominent physical location, including, but not limited to, any government building, library, or courthouse within the city.

(3)        Notice of the meeting by electronic mail to a list of interested parties that is created by the city for the purpose of notification as required by this section.

(4)        Notice of the meeting by facsimile to a list of interested parties that is created by the city for the purpose of notification as required by this section.

(a1)      If a city does not maintain its own Web site, it may employ the notice option provided by subdivision (1) of subsection (a) of this section by submitting a request to a county or counties in which the city is located to post such notice in a prominent location on a Web site that is maintained by the county or counties. Any city that elects to provide such notice shall make its request to the county or counties at least 15 days prior to the date of the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration.

(b)        During the consideration of the imposition of or increase in fees or charges as provided in subsection (a) of this section, the governing body of the city shall permit a period of public comment.

(c)        This section shall not apply if the imposition of or increase in fees or charges is contained in a budget filed in accordance with the requirements of G.S. 159‑12."

SECTION 11.(c)  G.S. 130A‑64.1 reads as rewritten:

"§ 130A‑64.1.  Electronic noticeNotice of new or increased charges and rates; public comment period.

(a)        If a sanitary district has a Web site maintained by one or more of its employees, theA sanitary district shall provide notice to interested parties of the imposition of or increase in service charges or rates applicable solely to the construction of development subject to Part 2 of Article 19 of Chapter 160A or Part 2 of Article 18 of Chapter 153A of the General Statutes for any service provided by the sanitary district on the sanitary district's Web site at least seven days prior to the first meeting where the imposition of or increase in the charges or rates is on the agenda for consideration. The sanitary district shall employ at least two of the following means of communication in order to provide the notice required by this section:

(1)        Notice of the meeting in a prominent location on a Web site managed or maintained by the sanitary district.

(2)        Notice of the meeting in a prominent physical location, including, but not limited to, the district's headquarters or any government building, library, or courthouse located within the sanitary district.

(3)        Notice of the meeting by electronic mail to a list of interested parties that is created by the sanitary district for the purpose of notification as required by this section.

(4)        Notice of the meeting by facsimile to a list of interested parties that is created by the sanitary district for the purpose of notification as required by this section.

(a1)      If a sanitary district does not maintain its own Web site, it may employ the notice option provided by subdivision (1) of subsection (a) of this section by submitting a request to a county or counties in which the district is located to post such notice in a prominent location on a Web site that is maintained by the county or counties. Any sanitary district that elects to provide such notice shall make its request to the county or counties at least 15 days prior to the date of the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration.

(b)        During the consideration of the imposition of or increase in service charges or rates as provided in subsection (a) of this section, the governing body of the sanitary district shall permit a period of public comment.

(c)        This section shall not apply if the imposition of or increase in service charges or rates is contained in a budget filed in accordance with the requirements of G.S. 159‑12."

SECTION 11.(d)  G.S. 162A‑9 reads as rewritten:

"§ 162A‑9.  Rates and charges; electronic notice; contracts for water or services; deposits; delinquent charges.

(a)        An authority may establish and revise a schedule of rates, fees, and other charges for the use of and for the services furnished or to be furnished by any water system or sewer system or parts thereof owned or operated by the authority. The rates, fees, and charges established under this subsection are not subject to supervision or regulation by any bureau, board, commission, or other agency of the State or of any political subdivision.

Before an authority sets or revises rates, fees, or other charges for stormwater management programs and structural or natural stormwater and drainage system service, the authority shall hold a public hearing on the matter. At least seven days before the hearing, the authority shall publish notice of the public hearing in a newspaper having general circulation in the area. An authority may impose rates, fees, or other charges for stormwater management programs and stormwater and drainage system service on a person even though the person has not entered into a contract to receive the service.

Rates, fees, and charges shall be fixed and revised so that the revenues of the authority, together with any other available funds, will be sufficient at all times:

(1)        To pay the cost of maintaining, repairing, and operating the systems or parts thereof owned or operated by the authority, including reserves for such purposes, and including provision for the payment of principal of and interest on indebtedness of a political subdivision or of political subdivisions which payment shall have been assumed by the authority, and

(2)        To pay the principal of and the interest on all bonds issued by the authority under the provisions of this Article as the same shall become due and payable and to provide reserves therefor.

The fees established under this subsection must be made applicable throughout the service area. Schedules of rates, fees, charges, and penalties for providing stormwater management programs and structural and natural stormwater and drainage system service may vary according to whether the property served is residential, commercial, or industrial property, the property's use, the size of the property, the area of impervious surfaces on the property, the quantity and quality of the runoff from the property, the characteristics of the watershed into which stormwater from the property drains, and other factors that affect the stormwater drainage system. Rates, fees, and charges imposed under this subsection for stormwater management programs and stormwater and drainage system service may not exceed the authority's cost of providing a stormwater management program and a structural and natural stormwater and drainage system. The authority's cost of providing a stormwater management program and a structural and natural stormwater and drainage system includes any costs necessary to assure that all aspects of stormwater quality and quantity are managed in accordance with federal and State laws, regulations, and rules.

No stormwater utility fee may be levied under this subsection whenever two or more units of local government operate separate stormwater management programs or separate structural and natural stormwater and drainage system services in the same area within a county. However, two or more units of local government may allocate among themselves the functions, duties, powers, and responsibilities for jointly operating a stormwater management program and structural and natural stormwater and drainage system service in the same area within a county, provided that only one unit may levy a fee for the service within the joint service area. For purposes of this subsection, a unit of local government shall include a regional authority providing stormwater management programs and structural and natural stormwater and drainage system services.

(a1)      If an authority has a Web site maintained by one or more of its employees, the An authority shall provide notice to interested parties of the imposition of or increase in rates, fees, and charges under subsection (a) of this section applicable solely to the construction of development subject to Part 2 of Article 19 of Chapter 160A or Part 2 of Article 18 of Chapter 153A of the General Statutes on the authority's Web site at least seven days prior to the first meeting where the imposition of or increase in the rates, fees, and charges is on the agenda for consideration. The authority shall employ at least two of the following means of communication in order to provide the notice required by this subsection:

(1)        Notice of the meeting in a prominent location on a Web site managed or maintained by the authority.

(2)        Notice of the meeting in a prominent physical location, including, but not limited to, the authority's headquarters or any government building, library, or courthouse located within the authority's service area.

(3)        Notice of the meeting by electronic mail to a list of interested parties that is created by the authority for the purpose of notification as required by this section.

(4)        Notice of the meeting by facsimile to a list of interested parties that is created by the authority for the purpose of notification as required by this section.

(a2)      If an authority does not maintain its own Web site, it may employ the notice option provided by subdivision (1) of subsection (a1) of this section by submitting a request to a county or counties in which the authority is located to post such notice in a prominent location on a Web site that is maintained by the county or counties. Any authority that elects to provide such notice shall make its request to the county or counties at least 15 days prior to the date of the first meeting where the imposition of or increase in the fees or charges is on the agenda for consideration.

(a3)      During the consideration of the imposition of or increase in rates, fees, or charges under this subsection, the authority shall permit a period of public comment.

(a4)      This subsection The notice requirements in subsection (a1) of this section shall not apply if the imposition of or increase in rates, fees, and charges is contained in a budget filed in accordance with the requirements of G.S. 159‑12.

(b)        Notwithstanding any of the foregoing provisions of this section, the authority may enter into contracts relating to the collection, treatment or disposal of sewage or the purchase or sale of water which shall not be subject to revision except in accordance with their terms.

(c)        In order to insure the payment of such rates, fees and charges as the same shall become due and payable, the authority may do the following in addition to exercising any other remedies which it may have:

(1)        Require reasonable advance deposits to be made with it to be subject to application to the payment of delinquent rates, fees and charges.

(2)        At the expiration of 30 days after any rates, fees and charges become delinquent, discontinue supplying water or the services and facilities of any water system or sewer system of the authority.

(3)        Specify the order in which partial payments are to be applied when a bill covers more than one service."

SECTION 12.  Section 4 of S.L. 2005‑190, as amended by Section 31 of S.L. 2006‑259, reads as rewritten:

"SECTION 4. Other drinking water supply reservoirs. The Environmental Management Commission shall not make any new or increased nutrient loading allocation to any person who is required to obtain a permit under G.S. 143‑215 for an individual wastewater discharge directly or indirectly into any impaired drinking water supply reservoir for which the Division of Water Quality of the Department of Environment and Natural Resources has prepared or updated a calibrated nutrient response model since 1 July 2002 until permanent rules adopted by the Commission to implement the nutrient management strategy for that reservoir become effective. The Commission shall report its progress in developing and implementing nutrient management strategies for reservoirs to which this section applies to the Environmental Review Commission by 1 April of each year beginning 1 April 2006."

SECTION 13.(a)  The Department of Administration, the Department of Agriculture and Consumer Services, the Department of Commerce, the Department of Crime Control and Public Safety, the Department of Environment and Natural Resources, the Department of Health and Human Services, the Department of Insurance, and the Department of Transportation shall:

(1)        Review their respective planning and regulatory programs to determine whether the programs currently consider the impacts of global climate change, including adaptation and sea level rise.

(2)        For those programs that currently consider the impacts of global climate change, the agency shall describe how the program considers the impacts of global climate change, including adaptation and sea level rise, and recommend whether the consideration of the impacts of global climate change should be modified or expanded.

(3)        For those programs that do not currently consider the impacts of global climate change, the agency shall recommend if and how the program should consider the impacts of global climate change, including adaptation and sea level rise.

SECTION 13.(b)  No later than September 1, 2011, each State agency shall report the results of its review and any recommendations to the Department of Environment and Natural Resources.  The Department shall compile the results and recommendations and report them to the Environmental Review Commission and to any future legislative commission that directly and primarily addresses issues concerning global climate change no later than November 1, 2011.

SECTION 14.(a)  Article 9 of Chapter 130A of the General Statutes is amended by adding a new Part to read:

"Part 7. Management of Certain Products That Contain Mercury.

"§ 130A‑310.60.  Recycling required by public agencies.

(a)        Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, public schools, and political subdivisions using State funds for the construction or operation of public buildings shall establish a program in cooperation with the Department of Environment and Natural Resources and the Department of Administration for the collection and recycling of all spent fluorescent lights and thermostats that contain mercury generated in public buildings owned by each respective entity. The program shall include procedures for convenient collection, safe storage, and proper recycling of spent fluorescent lights and thermostats that contain mercury and contractual or other arrangements with buyers of the recyclable materials.

(b)        Each State agency, including the General Assembly, the General Court of Justice, universities, community colleges, the Department of Public Instruction on behalf of the public schools, and political subdivisions shall submit a report on or before December 1, 2011, that documents the entity's compliance with the requirements of subsection (a) of this section to the Department of Environment and Natural Resources and the Department of Administration. The Departments shall compile the information submitted and jointly shall submit a report to the Environmental Review Commission on or before January 15, 2012, concerning the activities required by subsection (a) of this section. The information provided shall also be included in the report required by G.S. 130A‑309.06(c).

"§ 130A‑310.61.  Removal and recycling of mercury‑containing products from structures to be demolished.

Prior to demolition of any building or structure in the State, the contractor responsible for the demolition activity or the owner of the building or structure to be demolished shall remove all fluorescent lights and thermostats that contain mercury from the building or structure to be demolished.'

SECTION 14.(b)  G.S. 130A‑309.10 is amended by adding a new subsection to read:

"(m)      No person shall knowingly dispose of fluorescent lights and thermostats that contain mercury in a sanitary landfill for the disposal of construction and demolition debris waste that is unlined or in any other landfill that is unlined."

SECTION 14.(c)  G.S. 130A‑22 reads as rewritten:

"§ 130A‑22.  Administrative penalties.

(a)        The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed fifteen thousand dollars ($15,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A‑290 or involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A‑290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed thirty‑two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S. 130A‑310.9(c) or a violation of the rules adopted pursuant to G.S. 130A‑310.12(b). The penalty shall not exceed one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation within any 12‑month period; and five hundred dollars ($500.00) for each additional violation within any 12‑month period for any violation of Part 2G of Article 9 of this Chapter. For violations of Part 7 of Article 9 of this Chapter and G.S. 130A‑309.10(m): (i) a warning shall be issued for a first violation; (ii) the penalty shall not exceed two hundred dollars ($200.00) for a second violation; and (iii) the penalty shall not exceed five hundred dollars ($500.00) for subsequent violations. If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environment and Natural Resources shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator."

SECTION 14.(d)  G.S. 130A‑25 reads as rewritten:

"§ 130A‑25.  Misdemeanor.

(a)        A Except as otherwise provided, a person who violates a provision of this Chapter or the rules adopted by the Commission or a local board of health shall be guilty of a misdemeanor.

(d)        A violation of Part 7 of Article 9 of this Chapter or G.S. 130A‑309.10(m) shall be punishable as a Class 3 misdemeanor."

SECTION 15.  The Environmental Review Commission may study the penalties applicable to violations of G.S. 130A‑309.10 (Prohibited acts related to packaging; coded labeling of plastic containers required; disposal of certain solid wastes in landfills or by incineration prohibited), and report its findings, together with any recommended legislation, to the 2011 Regular Session of the 2011 General Assembly upon its convening.

SECTION 16.  G.S. 143‑355.4(a) reads as rewritten:

"(a)       Local government water systems and large community water systems shall require separate meters for new in‑ground irrigation systems on lots platted and recorded in the office of the register of deeds in the county or counties in which the real property is located after July 1, 2009, that are connected to their systems."

SECTION 17.(a)  The General Assembly finds and declares that inorganic arsenic is a hazardous substance and is recognized by the United States Environmental Protection Agency and the United States Occupational Safety and Health Administration as a human carcinogen; that release of this substance into the environment may lead to contamination of soil and water; that the ingestion or inhalation of soil, water, plant material, or animal tissues contaminated with inorganic arsenic may lead to lung cancer, damage to the nervous system, or, in extreme cases, death from systemic poisoning; that reflective glass beads are used to reflect light when applied to roadway markers; that glass beads that contain more than 75 parts per million inorganic arsenic may represent a danger to workers who handle and apply them and a contamination potential to soil and water surrounding roadways. The General Assembly therefore determines that it is in the public interest to prohibit the use of glass beads containing more than 75 parts per million inorganic arsenic used to reflect light when applied to markings on roadways.

SECTION 17.(b)  Chapter 136 of the General Statutes is amended by adding a new section to read:

"§ 136‑30.2. Prohibit the use of high content arsenic glass beads in paint used for pavement marking.

No pavement markings shall be placed on or along any road in the State highway system, in any municipal street system, or on any public vehicular area, as defined in G.S. 20‑4.01, that is made from paint that has been mixed, in whole or in part, with reflective glass beads containing more than 75 parts per million inorganic arsenic, as determined by the United States Environmental Protection Agency Method 6010B in conjunction with the United States Environmental Protection Agency Method 3052 modified."

SECTION 18.  G.S. 130A‑250 is amended by adding a new subdivision to read:

"(13)    Traditional country stores that sell uncooked sandwiches or similar food items and that engage in minimal preparation such as slicing bananas, spreading peanut butter, mixing and spreading pimiento cheese, and assembling these items into sandwiches, when this minimal preparation is the only activity that would otherwise subject these establishments to regulation under this Part. For the purposes of this subsection, traditional country stores means for‑profit establishments that sell an assortment of goods, including prepackaged foods and beverages, and have been in continuous operation for at least 75 years."

SECTION 19.  Section 5 of S.L. 2007‑438, as amended by Section 3.(b) of S.L. 2009‑438, reads as rewritten:

"SECTION 5. This act becomes effective 1 September 2007 and applies to all nutrient offset payments, including those set out in 15A NCAC 2B .0240, as adopted by the Environmental Management Commission on 12 January 2006. The fee schedule set out in Section 1 of this act expires 1 September 2010.1 September 2011."

SECTION 20.  If Senate Bill 887, 2009 Regular Session, becomes law, then G.S. 130A‑309.131(11), as enacted by Section 2(a) of that act, reads as rewritten:

"(11)    Notebook computer. An electronic, magnetic, optical, electrochemical, or other high‑speed data processing device that has all of the following features:

a.         Performs logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained in the computer.

b.         Is not designed to exclusively perform a specific type of limited or specialized application.

c.         Achieves human interface through a keyboard, video display greater than four inches in size, and mouse or other pointing device, all of which are contained within the construction of the unit that comprises the computer.

d.         Is able to be carried as one unit by an individual.

e.         Is able to use external power, internal power, or batteries for a power source.

Notebook computer includes those that have a supplemental stand‑alone interface device attached to the notebook computer. Notebook computer does not include a portable handheld calculator, a PDA, or similar specialized device. A notebook computer may also be referred to as a laptop computer."

SECTION 21.(a)  G.S. 77‑131 reads as rewritten:

"§ 77‑131.  Application of Article.

The provisions of this Article apply only to the following:

(1)        A large vessel marina that is located on coastal waters designated by the Environmental Protection Agency as a no discharge zone or that is located in a county or municipality that has adopted a resolution to petition the Environmental Protection Agency for a no discharge zone designation.

(2)        A vessel in coastal waters that are either is designated as a no discharge zone or are included in a petition to the Environmental Protection Agency to be designated as a no discharge zone unless the petition has been denied by the Environmental Protection Agency."

SECTION 21.(b)  Section 3 of S.L. 2009‑345 reads as rewritten:

"SECTION 3. Section 1 of this act becomes effective July 1, 2010, April 1, 2011, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law."

SECTION 21.1.  Section 9.10.(a) of S.L. 201031 reads as rewritten:

"SECTION 9.10.(a)  The General Assembly finds that strengthening research and development efforts on renewable energy sources is critical to North Carolina's environment and economy, and that recent events resulting from the British Petroleum oil spill amplify the need for North Carolina's innovators and scientists to enhance their efforts to develop sustainable energy sources and technologies that do not threaten the health and well‑being of the State's waters, sensitive lands, and residents.  In order to provide opportunities for research into tidal, wave, and other ocean‑based sources of alternative energy, the University of North Carolina Coastal Studies Institute shall form a consortium with the Colleges of Engineering at North Carolina State University, North Carolina Agricultural and Technical State University, and the University of North Carolina at Charlotte to study the capture of energy from ocean waves.  The Coastal Studies Institute shall be designated the lead agency in coordinating these efforts. Funding appropriated by this act shall be used by university scientists to conceptualize, design, construct, operate, and market new and innovative technologies designed to harness and maximize the energy of the ocean in order to provide substantial power generation for the State.  Funding may be used to leverage federal or private research funding for this purpose, but may not be used to purchase and utilize technology that has already been developed by others unless that technology is a critical component to North Carolina's research efforts. Wave energy technologies developed and used for this research may be attached to or staged from an existing State‑owned structure located in the ocean waters of the State, and data generated by these technologies shall be available at this structure for public education and awareness.  It is the intent of the General Assembly that North Carolina become the focal point for marine‑based ocean research collaborations involving the nation's public and private universities. This effort to study wave and physical processes in the oceans and associated water bodies to develop alternative energy resources shall be interdisciplinary and shall consider the health of the ocean so that efforts to extract ecosystem services shall also consider ecosystem functions and health of the ocean including, but not limited to, carbon budget, acidification, mercury, and nutrient issues."

SECTION 21.2.(a)  G.S. 143B‑344.35, as enacted by Section 13.5.(a) of S.L. 2010‑31, reads as rewritten:

"§ 143B‑344.35.  North Carolina Sustainable Communities Task Force creation; purpose; duties.

There is created within the Department of Environment and Natural Resources the North Carolina Sustainable Communities Task Force to lead and support the State's sustainable communities initiatives. The duties of the Task Force shall be as follows:

(7)        To develop a common local government sustainable practices scoring system incorporating the principles set forth in G.S. 143B‑344.34(b). In developing the scoring system, the Task Force shall take into account the resources and infrastructure in smaller communities and rural areas, as compared  to urban areas, in order to ensure that all communities and areas may compete for grants on an equal basis.

."

SECTION 21.2.(b)  G.S. 143B‑344.38, as enacted by Section 13.5.(a) of S.L. 2010‑31, reads as rewritten:

"§ 143B‑344.38.  North Carolina Sustainable Communities Task Force reports.

(b)        Prior to awarding any funding under G.S. 143B‑344.37 and no later than February 1, 2011, the Task Force shall report to the House Commerce, Small Business, and Entrepreneurship Committee and the Senate Commerce Committee regarding the sustainable practices scoring system developed in accordance with G.S. 143B‑344.35(7).

(b)(c)   For purposes of this section, "metro region of the State" includes the following Statistical Areas defined by the United States Census Bureau:

(1)        The Research Triangle region (made up of the Durham‑Chapel Hill and the Raleigh‑Cary Metropolitan Statistical Areas).

(2)        The North Carolina portion of the Charlotte‑Gastonia‑Concord Metropolitan Statistical Area.

(3)        The Greensboro‑Winston‑Salem‑High Point Combined Statistical Area.

(4)        The Asheville Metropolitan Statistical Area.

(5)        The Hickory‑Lenoir‑Morganton Metropolitan Statistical Area.

(6)        The Fayetteville Metropolitan Statistical Area.

(7)        The Wilmington Metropolitan Statistical Area.

(8)        The Greenville Metropolitan Statistical Area.

(9)        The Jacksonville Metropolitan Statistical Area.

(10)      The Rocky Mount Metropolitan Statistical Area.

(11)      The Goldsboro Metropolitan Statistical Area.

(12)      Any other Metropolitan Statistical Area that includes counties of the State and that has a population of 100,000 or more within the State."

SECTION 21.2.(c)  Section 13.5 of S.L. 2010‑31 is amended by adding a new subsection to read:

"SECTION 13.5.(d1)  Limitation. This section shall in no way be construed to grant the Sustainable Communities Task Force created by Part 31 of Article 7 of Chapter 143B of the General Statutes, as enacted by subsection (a) of this section, any authority to regulate or supersede any action of any State agency or local government."

SECTION 22.  Section 6 of this act becomes effective October 1, 2010, and applies to violations that occur on or after that date.  Section 9 of this act becomes effective October 1, 2010, and applies to penalties assessed on or after that date.  Sections 11(a), 11(b), 11(c), and 11(d) of this act become effective February 1, 2011.  Sections 14(a), 14(b), 14(c), and 14(d) of this act become effective July 1, 2011.  Sections 17(a) and 17(b) become effective October 1, 2010, and apply to any contracts for road projects entered into, or any pavement remarking that takes place, on or after that date.  Section 20 of this act becomes effective August 1, 2010.  All other sections of this act are effective when this act becomes law.

In the General Assembly read three times and ratified this the 10th day of July, 2010.

 

 

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

 

 

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/  Beverly E. Perdue

                                                                         Governor

 

 

Approved 4:30 p.m. this 2nd day of August, 2010

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