North Carolina § 130A-309 - 218. Applicability.

§ 130A-309. 218. Applicability.

The provisions of this Subpart shall apply to the siting, design, construction, operation, and closure of projects that utilize coal combustion products for structural fill. History (2014-122, s. 3(a).) Editor's Note. - Subpart 3 of Part 2I was enacted by Session Laws 2014-122, s. 3(a), as G.S. 130A-309.214 through 130A-309.222 and was renumbered G.S. 130A-309.218 through 130A-309.226 at the direction of the Revisor of Statutes. 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 ." For Session Laws 2014-122, s. 3(b), as amended by Session Laws 2015-110, s. 2(a), see Editor's notes under G.S. 130A-309.200 , 130A-309.213 and 130A-309.214. Session Laws 2014-122, s. 3(f), as amended by Session Laws 2015-1, s. 3.3, provides: "This section [which enacted this Subpart] 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. 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.