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The Daily Bulletin: 2017-04-20
PUBLIC/HOUSE BILLS
H 56 (2017-2018) AMEND ENVIRONMENTAL LAWS. Filed Feb 7 2017, AN ACT TO AMEND VARIOUS ENVIRONMENTAL LAWS.
House committee substitute makes the following changes to the 1st edition.
Makes organizational changes and adds new provisions. Places previous Section 1 in new Part I.
Part 11 amends GS 130A-3 10.72 (Financial assurance requirement). Modifies existing language to require the person conducting
remediation of a contaminated site (currently, specifies contaminated industrial site) to establish and maintain financial assistance
as provided. Adds a new provision allowing the Department of Environmental Quality (DEQ) to waive the financial assurance
requirements if DEQ finds that the only actions or controls to be implemented or maintained as part of the remedial action plan for
the site include annual reporting of land-use controls and/or the maintenance of durable or low-maintenance covers for
contaminated soil.
Part III repeals GS 130A-294(k) (requiring certain persons and operators to submit a description of any program to minimize or
reduce the volume and quantity or toxicity of hazardous waste) and GS 130A-309. 17 (concerning the registration of persons
transporting, collecting, or recycling used oil, fees, reports and records).
Part IV
Amends GS 143B-279.9(b) to require a remedial action plan for the cleanup of environmental damage resulting from a discharge
or release of petroleum from an underground storage tank pursuant to Part 2A or Article 21 A of GS Chapter 143, other
petroleum sources, or from an aboveground storage tank pursuant to Part 7 of Article 2 1 A of GS Chapter 1 43. to include an
agreement by the owner, operator or responsible party for the discharge or release of petroleum to record notice of any applicable
land-use restrictions that meet the requirements of the statute as provided in GS 143B-279. 1 1 (currently, the provision only
applies to a discharge or release from an underground storage tank). Adds a new provision establishing that, except with respect
to land contaminated from a discharge or release of petroleum from an underground storage tank, the imposition of restrictions on
the current or future use of real property on sites contaminated by the discharge or release of petroleum from an aboveground
storage tank, or another petroleum source, from which contamination has migrated to off-site properties, as defined in GS 130A-
3 1 0.65(3a), are only permitted as provided in GS 143-215. 104AA (Standards for petroleum releases from aboveground storage
tanks and other sources) or GS 1 30A-31 0.73A (Remediation of sites with off-site migration of contaminants), as applicable.
Amends GS 143B-279.1 1, providing that the statute applies to a cleanup pursuant to a remedial action plan that addresses
environmental damage resulting from a discharge or release of petroleum from an underground storage tank pursuant to Part 2A
of Article 21 A of GS Chapter 143, or an aboveground storage tank or other petroleum source pursuant to Part 7 of Article 21 A
of GS Chapter 143 (currently, only applies to the discharge or release of petroleum from an underground storage tank). Makes
conforming changes to expand the applicability of the provisions in existing subsections (b) and (d). Adds new subsection (h),
establishing that, except with respect to land contaminated from a discharge or release of petroleum from an underground storage
lank, the statute's provisions only apply to sites contaminated by the discharge or release of petroleum from an aboveground
storage tank, or another petroleum source, from which contamination has migrated to
о
If-s ite properties, as defined in GS 130A-
310.65(3a). in compliance with the requirements of GS 143-215. 104 AA or GS 130A-310-73A, as applicable. Makes
conforming changes to the statute's title.
Part V amends GS 143-21 5. 1C pertaining to certain reporting requirements of wastewater discharges. Makes clarifying changes.
Amends the reporting requirement in subsection (al ) to require the owner or operator of any wastewater collection or treatment
works to report a discharge of 1 .000 gallons or more of untreated wastewater to land, or a spill of any amount that reaches waters
of the State, to DEQ as soon as practicable but no later than 24 hours after the owner or operator has first knowledge of the spill
(currently, requires reporting of 1 .000 gallons or more of untreated wastewater to the surface waters of the State, not later than 24
