Bill Text: NC H1766 | 2010 | Regular Session | Introduced
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-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H D
HOUSE DRH80544-TFz-3 (04/13)
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Short Title: Amend Environmental Laws 2010. |
(Public) |
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Sponsors: |
Representatives Gibson; and Harrison. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend certain environmental and natural resources laws to (1) 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; (2) repeal the requirement that remedial action plans must be recorded in the register of deeds office and modify the requirement that remedial action plans must be placed in EACH PUBLIC library in THE COUNTY; (3) reESTABLISH the SURFACE WATER IDENTIFICATION TRAINING AND CERTIFICATION PROGRAM AS A COMPONENT OF THE RIPARIAN BUFFER PROTECTION PROGRAM; (4) amend civil penalties for certain air quality violations to conform with changes made in s.l. 2007‑296; (5) AMEND REPORTING REQUIREMENTS FOR SMALL WASTEWATER SYSTEMS; (6) amend the enforcement authority of the department of environment and natural resources under THE drought management preparedness and response act; and (7) provide that the prohibition on any new or increased NUTRIENT LOADING allocation applies to impaired drinking water supply reservoirs, as recommended by the environmental review commission.
The General Assembly of North Carolina enacts:
SECTION 1. 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 2. 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 3.(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 3.(b) In implementing the Surface Water Identification Training and Certification Program established by G.S. 143‑214.25A, as enacted by Section 3(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 3.(c) This section 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 4. 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 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. 143‑355.6 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 7. 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 8. Section 4 of this act becomes effective October 1, 2010, and applies to a violation that occurs on or after that date. All other sections of this act are effective when the act becomes law.
