North Carolina § 130A-309 - 200. Title.

§ 130A-309. 200. Title.

This Part may be cited as the "Coal Ash Management Act of 2014." History (2014-122, s. 3(a).) Editor's Note. - Session Laws 2014-122, s. 2(a), provides: "Moratorium on Cost Recovery. - The Utilities Commission shall not issue an order authorizing an electric public utility the recovery of any costs related to coal combustion residuals surface impoundments that were not included in the utility's cost of service approved in its most recent general rate case until the end of the moratorium provided in this section. Nothing in this section prohibits the utility from seeking, nor prohibits the Commission from authorizing under its existing authority, a deferral for costs related to coal ash combustion residual surface impoundments. The moratorium established under this section shall not apply to the net recovery of any fuel and fuel-related costs under G.S. 62-133.2 . For the purposes of this section, 'coal combustion residuals surface impoundments' has the same meaning as in G.S. 130A-309.201 . The moratorium in this section shall end January 15, 2015." Session Laws 2014-122, s. 2(b), provides: "Purpose of Moratorium. - The purpose of the moratorium is to allow the State to study the disposition of coal combustion residuals surface impoundments, including any final rules adopted by the United States Environmental Protection Agency on the regulation of coal combustion residuals." Session Laws 2014-122, s. 3(b), as amended by Session Laws 2015-110, s. 2(a), provides: "Notwithstanding G.S. 130A-309.211 [130A-309.213] or G.S. 130A-309.212 [130A-309.214], as enacted by Section 3(a) of this act, and except as otherwise preempted by the requirements of federal law, the following coal combustion residuals surface impoundments shall be deemed high-priority and shall be closed in conformance with Section 3(c) of this act as follows: "(1) Coal combustion residuals surface impoundments located at the Dan River Steam Station, owned and operated by Duke Energy Progress, and located in Rockingham County, as soon as practicable, but no later than August 1, 2019. "(2) Coal combustion residuals surface impoundments located at the Riverbend Steam Station, owned and operated by Duke Energy Carolinas, and located in Gaston County, as soon as practicable, but no later than August 1, 2019. "(3) Coal combustion residuals surface impoundments located at the Asheville Steam Electric Generating Plant, owned and operated by Duke Energy Progress, and located in Buncombe County, as soon as practicable, but no later than August 1, 2022. "(4) Coal combustion residuals surface impoundments located at the Sutton Plant, owned and operated by Duke Energy Progress, and located in New Hanover County, as soon as practicable, but no later than August 1, 2019." Session Laws 2014-122, s. 3(c), as amended by Session Laws 2015-1, s. 3.2, provides: "The impoundments identified in subsection (b) of this section shall be closed as follows: "(1) Impoundments located in whole above the seasonal high groundwater table shall be dewatered. Impoundments located in whole or in part beneath the seasonal high groundwater table shall be dewatered to the maximum extent practicable. "(2) All coal combustion residuals shall be removed from the impoundments and transferred for (i) disposal in a coal combustion residuals landfill, industrial landfill, or municipal solid waste landfill or (ii) use in a structural fill or other beneficial use as allowed by law. Any disposal or use of coal combustion products pursuant to this section shall comply with the moratoriums enacted under Section 4(a) and Section 5(a) of this act and any extensions thereof. The use of coal combustion products (i) as structural fill, as authorized by Section 4(b) of this act, shall be conducted in accordance with the requirements of Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, and (ii) for other beneficial uses shall be conducted in accordance with the requirements of Section .1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code (Requirements for Beneficial Use of Coal Combustion By-Products) and Section .1205 of Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal Combustion Products Management), as applicable. "(3) If restoration of groundwater quality is degraded as a result of the impoundment, corrective action to restore groundwater quality shall be implemented by the owner or operator as provided in G.S. 130A-309.211 ." Session Laws 2014-122, s. 3(f), as amended by Session Laws 2015-1, s. 3.3, provides: "This section [which enacted this Part] is effective when it becomes law. G.S. 130A-309.202 , as enacted by Section 3(a) of this act, is repealed June 30, 2030. [G.S. 130A-209.202 was actually repealed by Session Laws 2016-95, s. 1, effective July 14, 2016.] Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, applies to the use of coal combustion products as structural fill contracted for on or after that date. Members to be appointed pursuant to G.S. 130A-309.202 (b), as enacted by Section 3(a) of this act, shall be appointed no later than October 1, 2014." Session Laws 2014-122, s. 4(a), provides: "Notwithstanding 15A NCAC 13B.1701, et seq., and except as provided in Section 4(b) of this act, the use of coal combustion products, as defined in G.S. 130A-309.201 , as structural fill is prohibited until August 1, 2015, in order to allow the Department of Environment and Natural Resources, the Environmental Management Commission, and the General Assembly time to review and evaluate the use of coal combustion residuals as structural fill." Session Laws 2014-122, s. 4(b), as amended by Session Laws 2015-1, s. 3.4(a), effective retroactively to September 20, 2014, and applicable to the use of coal combustion products as structural fill contracted for on or after that date, provides: "Coal combustion products may be used as structural fill for any of the following types of projects: "(1) A project where the structural fill is used with a base liner, leachate collection system, cap liner, groundwater monitoring system, and where the constructor or operator establishes financial assurance, as required by G.S. 130A 309.217 [130A-309.221]. "(2) As the base or sub-base of a concrete or asphalt paved road constructed under the authority of a public entity." Session Laws 2014-122, s. 4(c), provides: "The use of coal combustion products (i) as structural fill as authorized by Section 4(b) of this act shall be conducted in accordance with the requirements of Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, and (ii) for other beneficial uses shall be conducted in accordance with the requirements of Section .1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code (Requirements for Beneficial Use of Coal Combustion By-Products) and Section .1205 of Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal Combustion Products Management), as applicable." Session Laws 2014-122, s. 4(d), provides: "The Department of Environment and Natural Resources and the Environmental Management Commission shall jointly review Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, and 15A NCAC 13B.1701, et seq. In conducting this review, the Department and Commission shall do all of the following: "(1) Review the uses of coal combustion products as structural fill and the regulation of this use under Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, to determine if the requirements are sufficient to protect public health, safety, and welfare; the environment; and natural resources. "(2) Review the uses of coal combustion products for other beneficial uses and the regulation of these uses under Section .1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code (Requirements for Beneficial Use of Coal Combustion By-Products) and Section .1200 of Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal Combustion Products Management), and other applicable rules, to determine if the rules are sufficient to protect public health, safety, and welfare; the environment; and natural resources. "(3) Evaluate additional opportunities for the use of coal combustion products as structural fill and for other beneficial uses that would reduce the volume of coal combustion residuals that are being disposed of in coal combustion residuals landfills, industrial landfills, or municipal solid waste landfills while still being protective of public health, safety, and welfare; the environment; and natural resources. "(4) Monitor any actions of the United States Environmental Protection Agency regarding the use of coal combustion products as structural fill or for other beneficial uses. "(5) Jointly report to the Environmental Review Commission no later than January 15, 2015, on their findings and recommendations regarding the use of coal combustion products as structural fill and for other beneficial uses." Session Laws 2014-122, s. 4(e), as amended by Session Laws 2016-95, s. 5(b), provides: "All electric generating facilities owned by a public utility that produce coal combustion residuals and coal combustion products shall issue a request for proposals on or before December 31, 2014, for (i) the conduct of a market analysis for the concrete industry and other industries that might beneficially use coal combustion residuals and coal combustion products; (ii) the study of the feasibility and advisability of installation of technology to convert existing and newly generated coal combustion residuals to commercial-grade coal combustion products suitable for use in the concrete industry and other industries that might beneficially use coal combustion residuals; and (iii) an examination of all innovative technologies that might be applied to diminish, recycle or reuse, or mitigate the impact of existing and newly generated coal combustion residuals. All electric generating facilities shall present the materials and information received in response to a request for proposals issued pursuant to this section and an assessment of the materials and information, including a forecast of specific actions to be taken in response to the materials and information received, to the Environmental Management Commission on or before August 1, 2016." Session Laws 2014-122, s. 4(f), as amended by Session Laws 2015-1, s. 3.4(b), effective retroactively to September 20, 2014, and applicable to the use of coal combustion products as structural fill contracted for on or after that date, provides: "This section is effective when it becomes law and applies to the use of coal combustion products as structural fill contracted for on or after that date." Session Laws 2014-122, s. 17, is a severability clause. Session Laws 2015-110, s. 2(c), provides: "This section becomes effective August 1, 2016, if, on or before that date, the North Carolina Utilities Commission has issued a certificate of public convenience and necessity to Duke Energy Progress for a new natural gas-fired generating facility, pursuant to Section 1 of this act, based upon written notice submitted to the Commission from Duke Energy Progress that it will permanently cease operations of all coal-fired generating units at the Asheville Steam Electric Generating Plant located in Buncombe County no later than January 31, 2020." Session Laws 2016-95, s. 8, is a severability clause.