North Carolina § 130A-309 - 210. Generation, disposal, and use of coal combustion residuals.

§ 130A-309. 210. Generation, disposal, and use of coal combustion residuals.

On or after October 1, 2014, the construction of new and expansion of existing coal combustion residuals surface impoundments is prohibited. On or after October 1, 2014, the disposal of coal combustion residuals into a coal combustion residuals surface impoundment at an electric generating facility where the coal-fired generating units are no longer producing coal combustion residuals is prohibited. On or after December 31, 2018, the discharge of stormwater into a coal combustion surface impoundment at an electric generating facility where the coal-fired generating units are no longer producing coal combustion residuals is prohibited. On or after December 31, 2019, the discharge of stormwater into a coal combustion surface impoundment at an electric generating facility where the coal-fired generating units are actively producing coal combustion residuals is prohibited. On or before December 31, 2018, all electric generating facilities owned by a public utility shall convert to the disposal of "dry" fly ash or the facility shall be retired. For purposes of this subsection, the term "dry" means coal combustion residuals that are not in the form of liquid wastes, wastes containing free liquids, or sludges. On or before December 31, 2019, all electric generating facilities owned by a public utility shall convert to the disposal of "dry" bottom ash or the facility shall be retired. For purposes of this subsection, the term "dry" means coal combustion residuals that are not in the form of liquid wastes, wastes containing free liquids, or sludges. History (2014-122, s. 3(a).) Local Modification. - Buncombe: 2015-110, s. 2(b) (as to subsections (c) through (f), and coal combustion residuals surface impoundments and electric generating facilities at site of Asheville Steam Electric Generating Plant). Editor's Note. - Subpart 2 of Part 2I was enacted by Session Laws 2014-122, s. 3(a), as G.S. 130A-309.208 through 130A-309.213 and was renumbered G.S. 130A-309.210 through 130A-309.215 at the direction of the Revisor of Statutes. 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."