WQCS00380_GS 143-215 1C_20210701

6/22/2021 G.S. 143-215.1C
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_143/gs_143-215.1c.html 1/2
§ 143-215.1C. Report to wastewater system customers on system performance; report
discharge of untreated wastewater to the Department; publication of notice
of discharge of untreated wastewater and waste.
(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 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.
(a1) Report Discharge of Untreated Wastewater to the Department. - The owner or
operator of any wastewater collection or treatment works for which a permit is issued under
this Part shall report a discharge of 1,000 gallons or more of untreated wastewater to the
surface waters of the State to the Department as soon as practicable, but no later than 24
hours after the owner or operator has determined that the discharge has reached the surface
waters of the State. This reporting requirement shall be in addition to any other reporting
requirements applicable to the owner or operator of the wastewater collection or treatment
works.
(b) Publication of Notice of Discharge of Untreated Wastewater. - 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 shall:
(1) In the event of a discharge of 1,000 gallons or more of untreated
wastewater to the surface waters of the State, issue a press release to all
print and electronic news media that provide general coverage in the
county where the discharge occurred setting out the details of the
discharge. The owner or operator shall issue the press release within 24
hours after the owner or operator has determined that the discharge has
reached the surface waters of the State. The owner or operator shall retain
a copy of the press release and a list of the news media to which it was
distributed for at least one year after the discharge and shall provide a
copy of the press release and the list of the news media to which it was
distributed to any person upon request.
(2) In the event of a discharge of 15,000 gallons or more of untreated
wastewater to the surface waters of the State, publish a notice of the
discharge in a newspaper having general circulation in the county in
which the discharge occurs and in each county downstream from the point
of discharge that is significantly affected by the discharge. The Secretary
shall determine, at the Secretary's sole discretion, which counties are
significantly affected by the discharge and shall approve the form and
content of the notice and the newspapers in which the notice is to be
published. The notice shall be captioned "NOTICE OF DISCHARGE OF
UNTREATED SEWAGE". The owner or operator shall publish the notice
within 10 days after the Secretary has determined the counties that are
significantly affected by the discharge and approved the form and content
of the notice and the newspapers in which the notice is to be published.
The owner or operator shall file a copy of the notice and proof of
publication with the Department within 30 days after the notice is
published. Publication of a notice of discharge under this subdivision is in
6/22/2021 G.S. 143-215.1C
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_143/gs_143-215.1c.html 2/2
addition to the requirement to issue a press release under subdivision (1)
of this subsection.
(c) Publication of Notice of Discharge of Untreated Waste. - The owner or operator
of any wastewater collection or treatment works, other than a wastewater collection or
treatment works the operation of which is primarily to collect or treat municipal or domestic
wastewater, for which a permit is issued under this Part shall:
(1) In the event of a discharge of 1,000 gallons or more of untreated waste to
the surface waters of the State, issue a press release to all print and
electronic news media that provide general coverage in the county where
the discharge occurred setting out the details of the discharge. The owner
or operator shall issue the press release within 24 hours after the owner or
operator has determined that the discharge has reached the surface waters
of the State. The owner or operator shall retain a copy of the press release
and a list of the news media to which it was distributed for at least one
year after the discharge and shall provide a copy of the press release and
the list of the news media to which it was distributed to any person upon
request.
(2) In the event of a discharge of 15,000 gallons or more of untreated waste
to the surface waters of the State, publish a notice of the discharge in a
newspaper having general circulation in the county in which the discharge
occurs and in each county downstream from the point of discharge that is
significantly affected by the discharge. The Secretary shall determine, at
the Secretary's sole discretion, which counties are significantly affected by
the discharge and shall approve the form and content of the notice and the
newspapers in which the notice is to be published. The notice shall be
captioned "NOTICE OF DISCHARGE OF UNTREATED WASTE". The
owner or operator shall publish the notice within 10 days after the
Secretary has determined the counties that are significantly affected by the
discharge and approved the form and content of the notice and the
newspapers in which the notice is to be published. The owner or operator
shall file a copy of the notice and proof of publication with the
Department within 30 days after the notice is published. Publication of a
notice of discharge under this subdivision is in addition to the requirement
to issue a press release under subdivision (1) of this subsection. (1999-
329, s. 8.1; 1999-456, s. 68; 2010-180, s. 5; 2014-122, s. 6(a).)