North Carolina § 130A-300 - Effect on laws applicable to water pollution control.

§ 130A-300. Effect on laws applicable to water pollution control.

This Article shall not be construed as amending, repealing or in any manner abridging or interfering with those sections of the General Statutes of North Carolina relative to the control of water pollution as now administered by the Commission nor shall the provisions of this Article be construed as being applicable to or in any way affecting the authority of the Commission to control the discharges of wastes to the waters of the State as provided in Articles 21 and 21A, Chapter 143 of the General Statutes. History (1977, 2nd Sess., c. 1216; 1983, c. 891, s. 2; 2014-122, s. 11(d).) Editor's Note. - Session Laws 2013-413, s. 20(a)-(e), provides: "(a) The definitions set out in G.S. 143-212 , 15A NCAC 02T.0103 (Definitions) and 15A NCAC 02T.1302 (Definitions) apply to this section. "(b) 15A NCAC 02T.1306 (Closure Requirements). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 20(d) of this act, the Commission and the Department shall implement 15A NCAC 02T.1306 (Closure Requirements) as provided in Section 20(c) of this act. "(c) Implementation. - Notwithstanding 15A NCAC 02T.1306 (Closure Requirements), any containment basin, such as a lagoon or a waste storage structure, permitted at a cattle facility under the Section 1300 Rules, shall continue to be subject to the conditions and requirements of the facility's permit until that permit is rescinded by the Division. Upon request of the permittee, the permit may be rescinded by the Division prior to closure of the containment basin if the average size of the confined cattle herd at the cattle facility, calculated on an annual basis during the three years prior to the request for rescission, is less than one hundred confined cattle. Upon permit rescission, all of the following requirements shall apply: "(1) The cattle facility shall be subject to the requirements of 15A NCAC 02T.1303 (Permitting By Regulation) and 15A NCAC 02T.0113 (Permitting By Regulation) until the containment area is closed in accordance with standards adopted by the NRCS. "(2) The farm owner shall maintain records of land application and weekly records of containment basin waste levels on forms provided by or approved by the Division. "(3) Closure shall include prenotification to the Division and, within 15 days of completion of closure, submittal of a closure form supplied by the Division or closure forms approved by the Division that provide the same information required by the forms supplied by the Division. "The Division shall have the authority to deny a request for permit rescission based on the factors set out in subsection (e) of 15A NCAC 02T.0113 (Permitting By Regulation). "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 02T.1306 (Closure Requirements) consistent with Section 20(c) of this act. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 20(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Sunset. - Section 20(c) of this act expires on the date that rules adopted pursuant to Section 20(d) of this act become effective." Session Laws 2014-122, s. 11( l ), provides: "The Revisor of Statutes shall make any conforming statutory changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 11(m), provides: "The Codifier of Rules shall make any conforming rule changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of the General Statutes from the Commission for Public Health to the Environmental Management Commission." Session Laws 2014-122, s. 17, is a severability clause. Session Laws 2020-61, s. 4(a)-(e), provides: "(a) Definitions. - For purposes of this section and its implementation, the following definitions apply: "(1) 'Permitting by Regulation for Building Sewer Systems Rule' means 15A NCAC 02T.0303 (Permitting by Regulation). "(2) 'Accessory building' means in one- and two-family dwellings not more than three stories above grade plane in height with a separate means of egress, a building, the use of which is incidental to that of the main building and which is detached and located on the same lot. An accessory building is a building that is roofed over and more than fifty percent (50%) of its exterior walls are enclosed. Examples of accessory buildings are garages, storage buildings, workshops, boat houses, treehouses, and dwelling units, etc. For purposes of this section, 'main building' shall only include one- and two-family dwellings. "(3) 'Building sewer' means that part of the drainage system that extends from the end of the building drain and conveys the discharge by gravity or under pressure to a public sewer, private sewer, individual sewage disposal system, or other point of disposal. "(4) 'Lot' means a portion or parcel of land considered as a unit. "(b) Permitting by Regulation for Building Sewer Systems Rule. - Until the effective date of the revised permanent rule that the Environmental Management Commission is required to adopt pursuant to subsection (d) of this section, the Commission shall implement the Permitting by Regulation for Building Sewer Systems Rule as provided in subsection (c) of this section. "(c) Implementation. - Notwithstanding the requirements of General Permit No. WQG100000 and the limitation on applicability of 15A NCAC 02T.0303(a)(1), (a)(2), and (a)(3) to a building sewer that serves a single building, if a building sewer that serves a main building is deemed permitted pursuant to 15A NCAC 02T.0113, then a building sewer that serves an accessory building on the same lot that is connected to the building sewer for the main building, and a sewer shared between a main building and an accessory building, shall also be deemed permitted if the building sewer that serves the accessory building, and the sewer shared between the main building and the accessory building, meet the criteria in 15A NCAC 02T.0113 and all criteria required for that system in 15A NCAC 02T.0303, and no additional permit shall be required. This section shall only apply to sewers that serve one main building and one accessory building on the same lot. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Permitting by Regulation for Building Sewer Systems Rule consistent with subsection (c) of this section. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) , as though 10 or more written objections had been received as provided in G.S. 150B-21.3(b2) . "(e) Applicability and Sunset. - This section and rules adopted pursuant to this section shall apply to common sewer lines in existence on, or constructed on or after, the effective date of this act, which are shared by accessory dwelling units or accessory residential buildings and a primary residence. This section expires when permanent rules adopted as required by subsection (d) of this section become effective." Effect of Amendments. - Session Laws 2014-122, s.11(d), effective September 20, 2014, deleted "Environmental Management" preceding "Commission" twice. Opinions of Attorney General As to North Carolina prohibition of the dumping of waste materials such as bags of medical refuse, especially that which may be hazardous or infectious, into the Atlantic Ocean, the authority of North Carolina with respect to dumping beyond three miles in the ocean which results in wastes entering State waters or being deposited on the State shores and the extent State law applies to such events and what departments are responsible for enforcing such laws. See opinion of Attorney General to Mr. Robert B. Jordan, III, Lieutenant Governor, 58 N.C.A.G. 57 (1988).