WQ0003626_Legislative Summary_20061231

SUMMARY OF ENVIRONMENTAL _LEGISLATION'
ENACTED BY THE NORTH CAROLINA GENERAL ASSEMBLY
IN THE 2006 REGULAR SESSION
I. AIR QUALITY
Motor Vehicle Emissions
S 1587 amends the motor vehicle inspection statute, G.S. 20-183.2, to make it clear,that
vehicles used on a military base located in an emissions county must have an emissions
inspection even if the vehicle is not registered with the N.C. Division of Motor Vehicles.
Climate Change Commission
S 1591 authorized the extension of the'Legislative Commission, on Global Climate_
Change from November 1, 2006 to April 15, 2008 and directed the Commission to
submit an interim report to the General Assembly in 2007.
Prevention of Significant Deterioration
S 1587 (Amend Environment .and Natural Resources Laws) includes a provision that
affects implementation of the EMC's Prevention of Significant Deterioration (PSD) rules. -
Section 5.4 of the bill exempts air quality permits thatwere submitted and determined to
be administrativelycomplete by August 1, 2006 from a specific provision in the PSD
rules adopted by the Environmental Management -Commission in 2005. The bill places
,.specific conditions on eligibility for the .exemption, including installation of advanced
control technology. The practical ,effect of , the exemption is to allow Duke Energy to
offset sulfur dioxide (SO2) emissions from new units proposed for Duke's Cliffside
facility with SO2 emission reductions realized through installation of a scrubber at an
existing Cliffside:unit under to the Clean Smokestacks Act.
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H. COASTAL DEVELOPMENT
H 1523 Coastal Area Management Act Civil Penalties
The bill increases the maximum civil penalty for a major development violation from
$2500 to $10,000. Penalties for minor development violations increased from $250 to
$1,000. The bill also authorizes the Coastal Resources Commission to recover
investigative costs from the violator, capping those assessments at $2500 for a major
development violation and $1,000 for a minor development violation.
I Prepared by Robin W. Smith, Assistant Secretary for Planning and Policy, Dept. of Environment and
Natural Resources.

2006 Summary of Environmental Legislation
Waterfront Access Study Committee
The 2006 Studies Act (H 1723) created a 21-member Waterfront Access Study
Committee to study the loss of the diversity of uses along the coastal shoreline of North
Carolina and how -these losses impact access to the public trust waters of the State. (The
study committee was created in response to concerns about the loss of traditional
waterfront uses, .such as fish houses, as coastal property values haverisen and residential
development has increased.) The Committee is directed to gather information on current
shoreline development trends and research tools that may be used to preserve waterfront
diversity. The Study Committee must submit its final report to the legislature's Joint
Select Committee on Seafood and Aquaculture and to the Coastal Resources Commission
by April 15, 2007.
III. DRINKING WATER
H 2873 Safe Drinking Water/Private Wells
Effective July 1, 2008 each county, through its local health department, must begin
implementing a well permitting program for: 1. new wells for individual homes; and 2.
new wells serving convenience storesand other facilities that provide drinking water to
the public from an individual well, but are not community water systems. The permitting
program would include a pre -construction site visit and inspection of the completed well
to determine that it meets well construction standards. The bill also requires water
quality testing of new wells for bacteria, nitrates, nitrites and some metals (such as lead)
within 30 days following construction.
Emergency Drinking Water Fund
A provision in S 1587 (Amend Environmental and Natural Resource Laws) created an
Emergency Drinking Water Fund in DENR. The Fund may be used to: 1. provide notice
to people who receive their 'drinking water from a private drinking water well that is
located within 1,500 feet of, and at risk from, known groundwater contamination; 2. pay
the costs of testing private drinking water wells for contamination; and 3. provide
alternative drinking water supplies for people who have contaminated drinking, water
wells. The legislation, directs DENR to disburse monies from the Fund based on financial
need and risk to public health and to give priority to situations where another funding
source is not available. The funds cannot be used for remediation of groundwater
contamination. The legislature appropriated $300,000 for the Fund.
Drinking Water System Fees .
The budget bill increased fees for annual operating permits effective January 1, 2007 and
created a new fee for review of engineering plans for water system projects. The budget
authorized the Division of Environmental Health to use the increased fees to add 19
positions in the Public Water Supply Section.
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2006 Summary of Environmental Legislation
IV. SOLID WASTE
Landfill Moratorium (S 353)
The bill prohibits the Department of Environment and . Natural Resources from
considering or issuing -permits for new landfills from August 1, 2006 until August 1,
2007. The moratorium does not apply to:
• Amendments to permits issued before June 1, 2006;
• Permits for expansion of a landfill permitted before June 1, 2006;
• Permits to construct a new landfill within the facility boundary identified in the
facility plan of a landfill permitted before June 1, 2006
• Issuance of operating permits for landfills that received construction permits
before June 1, 2006;
• Permits for sanitary landfills used only to dispose of waste generated by a coal-
fired generating unit that is owned or operated by an investor -owned utility; or
• Permits for a landfill that the Secretary of DENR determines to be necessary in
order to respond to, an imminent hazard to public health or a natural disaster.
The bill directs the legislature's Environmental Review Commission to study solid waste
issues (including financial responsibility requirements for landfill operators; siting,
design and operational requirements; and the adequacy of regulatory oversight). The bill
also creates a Joint Select Committee on Environmental Justice and directs that
Committee to study issues related to the location of landfills in proximity to minority and
low-income communities.
Solid Waste Franchise Statutes (S 1564)
Amends the solid waste franchise statutes to allow local governments to issue preliminary
franchises; more specifically describes the type of information requires for both a
preliminary franchise and a franchise; and provides that a franchise may only be awarded
after public notice of the proposed landfill location.
V. WATER QUALITY/SEDIMENTATION
Phase II Stormwater Amendments (S 1566)
The 2006 bill repeals a session law enacted in 2004 that set out temporary standards for
implementation of the Phase II stormwater program replaces it with fmal legislative
direction for the program. The most significant changes (from the 2004 legislation):
1. Expanded stormwater permitting requirements in the unincorporated . areas of
Phase II counties. The effect of the changes will be to require' that 26 of the 33 Phase II
counties must have county -wide stormwater regulation. (In the unincorporated areas and
any incorporated areas that do not require Phase II permits, DENR will issue stormwater

provision affects the three coastal Phase II counties). Development within /2 mile and
draining to "shellfish resource waters" will be required to implement stormwater controls
if impervious surface exceeds 12%. The bill defines "shellfish resource waters" to mean
Class SA waters that contain an average concentration of 500 parts per million of natural
chloride ion. The definition includes a specific protocol for determining the average
chloride concentration; both the standard and the protocol were based on past practices of
the Division of Water Quality.
3. A new design standard for stormwater controls. In CAMA counties, the
stormwater system must control and treat runoff from the first one and one-half inches of
rain. In all other counties, the stormwater system must treat runoff from the first one inch
of rain.
4. A new, factor to consider in the designation process. The bill changes the
factors used to identify communities . for potential designation to include number of
housing -units as well as -permanent population. The change was intended to better reflect
potential stormwater impacts in communities that have significant seasonal population
increases.
The bill directs the EMC to adopt rules to implement the session law. The session law
sunsets when permanent rules implementing the law become effective.
Nutrient Offset Payments (S 1862/S 927)
S 1862 and S 927 are "companion bills. S 1862 temporarily sets the fees that must be
paid for DENR to undertake a nutrient offset project on behalf of a discharger who will
otherwise exceed nutrient limits established under the Neuse River Nutrient Management
Strategy or the Tar -Pamlico Nutrient Management Strategy. Fees are set at $11 per lb of
nitrogen and $11 per tenth of a pound of phosphorus. The bill also directs a legislative
study of the nutrient offset fees. The bill sunsets on September 1, 2007. S 927 allows
DENR to decline to undertake a nutrient offset project for phosphorus if it finds that the
$11 per tenth of a pound payment would be insufficient to pay the actual cost of the
Project. DENR must provide the discharger with- an estimate of the cost of providing the
nutrient offset project and is authorized to negotiate a contract with the discharger to
provide the nutrient offset project . at the actual cost. (This provision applies only to
phosphorus reduction projects in the Tar -Pamlico River Basin.)
Ecosystem Enhancement Program/Buffer Mitigation
S 1587 (Amend Environmental and Natural Resource Laws) includes a provision stating
that a donation of property for buffer mitigation under G.S. 143-214.20 must be located
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2006 Summary of Environmental Legislation
in the same river basin, but does not have to be located, on the same stream, as the
riparian buffer that is lost.
Delegation of Environmental Programs to Local Government (H1413)
H 1413 amends several . statutes that authorize delegation of water quality and
sedimentation programs to local governments on a voluntary basis. The amendments
authorize local stormwater, riparian buffer and sedimentation programs to set their own
fees. The, bill also makes it clear.that a person who violates a delegated local program is
subject to the same civil penalties assessed for violation of the State program. In addition,
the bill:
• Authorizes local governments to issue permits for reclaimed water' utilization
systems within their jurisdiction under the same conditions and Division of Water
Quality oversight currently applicable to local permitting of sewer line extensions.
• Amends the Sedimentation Pollution Control Act to require that the person
responsible for a construction site inspect the site after each phase of the
sedimentation control plan is completed and after ,temporary cgroundcover has
been established. Records of .those self -inspections must be kept on -site until
permanent groundcover is" established in compliance with the plan.
• Authorizes local governments to accept a partial ' delegation of the
sedimentation control program. Under a partial delegation, DENR staff would
continue to .do sedimentation plan reviews for projects in the local government's
jurisdiction.. The local government would inspect sites and notify DENR of
violations requiring enforcement action.
Elimination of Qcean Stormwater,Outfalls
The budget transfers $15 million that had been appropriated to the Department of.
Administration in 2004 to DENR. The funds are to be used to eliminate DOT ocean
stormwater outfalls:
VI. EXPANSION BUDGET
DENR received .a total of 25 new positions for the 2006-2007 fiscal. year. The ,positions
generally followed two of the Governor's budget priorities drinking water safety and
coastal habitat protection.
The budget authorizes seven new fee -supported- positions in the Division of
Environmental Health's Public Water Supply. Section to inspect public water systems and
provide technical support, plan review and compliance oversight. (An additional 12
positions will be created in 2007-2008 for the same purposes). The budget also included
four new DENR positions, to provide oversight for local well permitting programs.

2006 SUrnmary of Environmental Legislation
The Division• of Coastal Management gained four new coastal habitat protection
compliance positions -- one in each of the Division's four district offices. The legislature
also provided funding and authorized five new positions in the Division of Marine
Fisheries to map shellfish beds and submerged aquatic vegetation. Three new positions
were funded in the Division of Environmental Health to monitor water quality in shellfish
waters and conduct shoreline surveys.
MISCELLANEOUS
S 1121 Brownfields Property Reuse AO Amendments
Makes clarifying changes to definitions used in the Actexcludes sites on the National
Priority List (Superfund) from eligibility. for brownfields redevelopment; and shortens the
Minimum period for public notice and comment on a proposed brownfield agreement in
certain circumstances.
H 2129 Community Conseryation Assistance Program
Provides 'a framework for a new Soil and Water Conservation initiative, modeled on the
Agriculture Cost -Share Program, to work on projects to. reduce non -point source runoff
from non-agricultural sources. The legislature did not provided funding for the program
in the 2006-2007.budget.
H 688Certify On -Site Wastewater COntractois
Creates a new training and certification requirement for people engaged in the
construction, installation, repair and inspection of on -site wastewater systems., The bill
Creates a 9-member On -Site Wastewater Contractors and Inspectors Certification Board
to implement the certification program.
H 2127 State Park System Additions
The bill authorizes DENR to add Mountain Bog State Natural Area and Sandy Run
Savannas State Natural Area to the State Parks system. The bill also directs DENR to
study the establishment of anew state park at Cabin Lake.
H 2164 Amend Sanitary District Authority‘
Broadens the authority of a sanitary district to require owners of developed property to
connect to water and sewer lines owned, leased or operated by the sanitary district: The
bill also allows the sanitary district to charge an availability fee to the: owners of
improved property that qualifies for a building permit for a residence or commercial
structure if the water or sewer line is available to the property.
• S 1122 Land and Water Conservation Study
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Establishes a 16-member Land and Water Conservation Commission to: 1. identify
sources of funding for land and water conservation, historic preservation, and economic
and community development; 2. identify tools for land conservation; and 3. report back
to, the General, Assembly by February 1, 2007.
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