North Carolina § 143-211 - Declaration of public policy.

§ 143-211. Declaration of public policy.

It is hereby declared to be the public policy of this State to provide for the conservation of its water and air resources. Furthermore, it is the intent of the General Assembly, within the context of this Article and Articles 21A and 21B of this Chapter, to achieve and to maintain for the citizens of the State a total environment of superior quality. Recognizing that the water and air resources of the State belong to the people, the General Assembly affirms the State's ultimate responsibility for the preservation and development of these resources in the best interest of all its citizens and declares the prudent utilization of these resources to be essential to the general welfare. It is the public policy of the State to maintain, protect, and enhance water quality within North Carolina. Further, it is the public policy of the State that the cumulative impact of transfers from a source river basin shall not result in a violation of the antidegradation policy set out in 40 Code of Federal Regulations § 131.12 (1 July 1997 Edition) and the statewide antidegradation policy adopted pursuant thereto. It is the purpose of this Article to create an agency which shall administer a program of water and air pollution control and water resource management. It is the intent of the General Assembly, through the duties and powers defined herein, to confer such authority upon the Department of Environmental Quality as shall be necessary to administer a complete program of water and air conservation, pollution abatement and control and to achieve a coordinated effort of pollution abatement and control with other jurisdictions. Standards of water and air purity shall be designed to protect human health, to prevent injury to plant and animal life, to prevent damage to public and private property, to insure the continued enjoyment of the natural attractions of the State, to encourage the expansion of employment opportunities, to provide a permanent foundation for healthy industrial development and to secure for the people of North Carolina, now and in the future, the beneficial uses of these great natural resources. It is the intent of the General Assembly that the powers and duties of the Environmental Management Commission and the Department of Environmental Quality be construed so as to enable the Department and the Commission to qualify to administer federally mandated programs of environmental management and to qualify to accept and administer funds from the federal government for such programs. History (1951, c. 606; 1967, c. 892, s. 1; 1973, c. 1262, s. 23; 1977, c. 771, s. 4; 1979, 2nd Sess., c. 1158, s. 2; 1989, c. 135, s. 1; c. 727, s. 218(102); 1997-443, s. 11A.119(a); 1998-168, s. 1; 2006-259, ss. 31(b), 31(c); 2015-241, s. 14.30(u).) Cross References. - As to enforcement of environmental requirements in manufacturing redevelopment districts, see G.S. 66-343. See note at G.S. 143-214.7 relating to Session Laws 2004-163 and Phase II Stormwater Permit application and standards. As to organization of the Department of Environmental Quality, see G.S. 143B-279.1 et seq. As to the Environmental Management Commission, see G.S. 143B-282 et seq. Jordan Lake Riparian Buffer Rules. - For provisions pertaining to the Jordan Lake Riparian Buffer Rules, see note for Session Laws 2013-395, s. 2(a), (b), under G.S. 143-214.20 . Delay Jordan Lake Rules and Jordan Lake Session Laws. - For provisions pertaining to Delay Jordan Lake Rules and Jordan Lake Session Laws, see editor's note to Session Laws 2013-395, s. 1(a), (b) under G.S. 143-214.7 and G.S. 143-215.1 . Water Quality in Drinking Water Supply Reservoirs. - Session Laws 2005-190, s. 1, effective July 15, 2005, provides: "Legislative findings. - The General Assembly finds that: "(1) Drinking water supply reservoirs are an essential source of water needed to meet municipal, industrial, and agricultural needs. "(2) Drinking water supply reservoirs provide recreational opportunities and wildlife habitat and, if properly managed, improve water quality. "(3) Management and protection of the quality and quantity of water in drinking water supply reservoirs are essential to the economic vitality of North Carolina. "(4) Excessive nutrients are a major source of impairment of water quality in drinking water supply reservoirs. "(5) It would be beneficial for the State to study the condition of drinking water supply reservoirs and to develop nutrient control criteria to prevent drinking water supply reservoirs from becoming impaired. "(6) It would be beneficial for the State to develop calibrated nutrient response models and nutrient management strategies to ensure that drinking water supply reservoirs that are showing evidence of impairment are protected, as envisioned by Part 1 of Article 21 of Chapter 143 of the General Statutes and S.L. 1997-458, the Clean Water Responsibility and Environmentally Sound Policy Act." Session Laws 2005-190, s. 2(a), effective July 15, 2005, provides: "Study of drinking water supply reservoirs. - The Environmental Management Commission shall study the water quality in the drinking water supply reservoirs in the State to determine whether the reservoirs meet current water quality standards. The Commission shall analyze existing data and report its findings and recommendations to the Environmental Review Commission by 1 May 2006." Session Laws 2005-190, s. 2(b), effective July 15, 2005, provides: "Nutrient control criteria. - Based on the results of the study of drinking water supply reservoirs and an evaluation of current water quality standards, the Environmental Management Commission shall identify any nutrient control criteria necessary to prevent excess nutrient loading in each drinking water supply reservoir in order to protect public health and other designated uses by 1 January 2009. The Commission shall adopt final nutrient control criteria for each drinking water supply reservoir by 1 May 2010. If the Commission finds that the nutrient control criteria for any drinking water supply reservoir are not being achieved, the Commission shall develop and implement a plan for enhanced water quality monitoring in that drinking water supply reservoir within one year of the determination. The Commission shall report its progress in implementing this section, including its findings and recommendations, to the Environmental Review Commission as a part of each quarterly report it makes pursuant to G.S. 143B-282(b) ." Session Laws 2005-190, s. 3, as amended by Session Laws 2006-259, s. 31, Session Laws 2009-486, s. 2, and Session Laws 2010-142, s. 17, provides: "(a) Applicability of section to certain reservoirs. - This section applies only to drinking water supply reservoirs that meet all of the following criteria as of 1 July 2005: "(1) The reservoir serves a population greater than 300,000 persons. "(2) The Environmental Management Commission has classified all or any part of the water in the reservoir as a nutrient sensitive water (NSW). "(3) Water quality monitoring data indicates that water quality in the reservoir violates the chlorophyll A standard "(4) The Division of Water Quality of the Department of Environment and Natural Resources has not prepared or updated a calibrated nutrient response model for the reservoir since 1 July 2002. "(b) Temporary limitation on increased nutrient loading. - If the Environmental Management Commission determines either that water quality in all or in any part of a drinking water supply reservoir to which this section applies does not meet current water quality standards or that it is likely that water quality will not meet water quality standards at any time prior to 1 July 2010, the Commission shall not make any new or increased nutrient loading allocation to any person who is required to obtain a permit under G.S. 143-215 for an individual wastewater discharge directly or indirectly into that reservoir. This limitation on new or increased nutrient loading allocation shall not be construed to prohibit a person who holds a permit for a wastewater discharge into a drinking water supply reservoir from purchasing a nutrient loading allocation from another person who holds a permit for a wastewater discharge into the same drinking water supply reservoir. This subsection expires with respect to a drinking water supply reservoir when permanent rules adopted by the Commission to implement the nutrient management strategy for that reservoir become effective. "(c) Nutrient management strategy. - The Environmental Management Commission shall develop a nutrient management strategy for drinking water supply reservoirs to which this section applies by 15 January 2011. The nutrient management strategy shall be based on a calibrated nutrient response model that meets the requirement of G.S. 143-215.1(c5) . The nutrient management strategy shall include specific mandatory measures to achieve the reduction goals. In developing the nutrient management strategy, the Commission shall consider the effectiveness of measures previously implemented in the watershed and the cost of the proposed measures in relation to their effectiveness. These measures could include, but are not limited to, buffers, erosion and sedimentation control requirements, post-construction stormwater management, agricultural nutrient reduction measures, the addition of nutrient removal treatment processes to point source permitted wastewater treatment plants, the removal of point source discharging wastewater treatments through regionalization and conversion to nondischarge treatment technologies, measures to address nutrient inputs from on-site wastewater treatment systems, control of atmospheric deposition, allowing the sale and purchase of nutrient offsets, allowing trading of nutrient loading allocations and credits for nutrient reductions, and any other measures that the Commission determines to be necessary to meet the nutrient reduction goals. To the extent that one or more other State programs already mandate any of these measures, the nutrient management strategy shall incorporate the mandated measures and any extension of those measures and any additional measures that may be necessary to achieve the nutrient reduction goals. In making a nutrient loading allocation to a permit holder, the Commission shall, to the extent allowed by federal and State law, give consideration to all voluntary efforts taken by the permit holder to protect water quality prior to the development of the nutrient management strategy. "(d) Eligibility under the Clean Water Revolving Loan and Grant Act. - The definitions set out in G.S. 159G-3 apply to this subsection. The operator of a wastewater treatment works that is owned by an agency of the State may apply for a loan or grant under G.S. 159G-20 on the same basis as any other applicant if the operator is a local government unit and if the local government unit operates the wastewater treatment works pursuant to a contract with the State agency that contemplates that the local government unit will eventually acquire ownership of the wastewater treatment works. "(e) Implementation; rulemaking. - The Environmental Management Commission shall adopt permanent rules to implement the nutrient management strategies required by this section by 15 January 2011. The rules shall require that reductions in nutrient loading from all sources begin no later than five years after the rules become effective. The rules shall require that stormwater management programs to reduce nutrient loading from new development be implemented no later than 30 months after the rules become effective. "(f) Reports. - The Environmental Management Commission shall report its progress in implementing this section to the Environmental Review Commission as a part of each quarterly report it makes pursuant to G.S. 143B-282(b) . "(g) Compensatory mitigation for riparian buffer loss; nutrient offset purchases. - Compensatory mitigation for riparian buffer loss in the watershed of a drinking water supply to which this section applies must be performed in the watershed of the drinking water supply. The Environmental Management Commission may further limit the area in which compensatory mitigation for riparian buffer loss must be performed in the watershed of a drinking water supply to which this section applies. Any nutrient offset purchased to offset loading in the watershed of a drinking water supply to which this section applies may only be obtained from an offset project located in the watershed of the drinking water supply. The Environmental Management Commission may further limit the area from which nutrient offsets may be obtained in the watershed of a drinking water supply to which this section applies. "(h) Additional standards for land-disturbing activities in the water supply watershed. - For purposes of this section, 'land-disturbing activity' does not include the land-disturbing activities set out in G.S. 113A-52.01 . In addition to any other requirements of State, federal, and local law, land-disturbing activity in the watershed of the water supply reservoir to which this section applies shall meet all of the following design standards for sedimentation and erosion control: "(1) Erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the runoff of the 25-year storm that produces the maximum peak rate of runoff as calculated according to procedures set out in the United States Department of Agriculture Soil Conservation Service's 'National Engineering Field Manual for Conservation Practices' or according to procedures adopted by any other agency of the State or the United States or any generally recognized organization or association. "(2) Sediment basins shall be planned, designed, and constructed so that the basin will have a settling efficiency of at least seventy percent (70%) for the 40-micron size soil particle transported into the basin by the runoff of the two-year storm that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's 'National Engineering Field Manual for Conservation Practices' or according to procedures adopted by any other agency of the State or the United States or any generally recognized organization or association. "(3) Newly constructed open channels shall be planned, designed, and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit steeper slopes or where the slopes are stabilized by using mechanical devices, structural devices, or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. "(4) For an area of land-disturbing activity where grading activities have been completed, temporary or permanent ground cover sufficient to restrain erosion shall be provided as soon as practicable, but in no case later than seven days after completion of grading. For an area of land-disturbing activity where grading activities have not been completed, temporary ground cover shall be provided as follows: "a. For an area with no slope, temporary ground cover shall be provided for the area if it has not been disturbed for a period of 14 days. "b. For an area of moderate slope, temporary ground cover shall be provided for the area if it has not been disturbed for a period of 10 days. For purposes of this subdivision, 'moderate slope' means an inclined area, the inclination of which is less than or equal to three units of horizontal distance to one unit of vertical distance. "c. For an area of steep slope, temporary ground cover shall be provided for the area if it has not been disturbed for a period of seven days. For purposes of this subdivision, 'steep slope' means an inclined area, the inclination of which is greater than three units of horizontal distance to one unit of vertical distance. "(i) For purposes of this section, 'land-disturbing activity' does not include the land-disturbing activities set out in G.S. 113A-52.01 . No later than December 31, 2011, the Sedimentation Control Commission shall adopt rules for the control of erosion and sedimentation resulting from land-disturbing activities in the watershed of the water supply reservoir to which this section applies. In developing the rules, the Commission shall consider the standards established pursuant to Section 3(h), as enacted by Section 2(b) of this act. "(j) The Department of Environment and Natural Resources, in consultation with the Environmental Management Commission, shall identify improvements needed in the design, operation, and siting of septic tank systems in order to reduce excess nutrient loading from septic tank systems in the watershed of a drinking water supply to which this section applies. The Department shall report its findings and recommendations for specific changes to standards adopted by the Commission for Public Health pursuant to G.S. 130A-355 to the Commission for Public Health and to the Environmental Review Commission no later than March 1, 2010." Other Drinking Water Supply Reservoirs. - Session Laws 2005-190, s. 4, as amended by Session Laws 2006-259, s. 31(c), Session Laws 2010-180, s. 12, and Session Laws 2013-413, s. 57(dd), provides: "The Environmental Management Commission shall not make any new or increased nutrient loading allocation to any person who is required to obtain a permit under G.S. 143-215 for an individual wastewater discharge directly or indirectly into any impaired drinking water supply reservoir for which the Division of Water Resources of the Department of Environment and Natural Resources has prepared or updated a calibrated nutrient response model since 1 July 2002 until permanent rules adopted by the Commission to implement the nutrient management strategy for that reservoir become effective. The Commission shall report its progress in developing and implementing nutrient management strategies for reservoirs to which this section applies to the Environmental Review Commission by 1 April of each year beginning 1 April 2006." Establishment of Tier II Hazardous Chemical Inventory Database and Web-based Access Application. - Session Laws 2007-107, s. 5.1(a), provides: "The Division of Information Technology Services of the Department of Environment and Natural Resources, in collaboration with the Division of Emergency Management of the Department of Crime Control and Public Safety, shall establish a Tier II Hazardous Chemicals Inventory Database and Web-based access application that will accept uploads of Tier II data from local government systems acting as partners in the project and from the University of Texas at Dallas E-Plan repository until all Tier II hazardous chemical inventory is in the database. The database shall include data on sites listed in the planned Toxic Release Inventory exchange and the Department's existing Facilities Registry System. The Facilities Registry System is a database of facilities for which the Department has environmental concerns, including facilities that are subject to an environmental permit for water, air, waste, land quality, wetlands, public water supply, wastewater treatment, and other environmental permits. The database shall be connected via Web services to the North Carolina Exchange Node. The purposes of this database are to provide a one-stop, real-time information source for all hazardous and toxic materials release sites and all sites that are subject to an environmental permit in order to enhance the operational effectiveness of the Department of Environment and Natural Resources, the Division of Emergency Management of the Department of Crime Control and Public Safety, first responders and emergency management officials, local government officials, and any others with a role in emergency management or planning; to remove the burden of data reentry in multiple systems; to reduce the dependence on paper submissions for Tier II reporting; to extend the Network for the Exchange Node community; and to reuse information already deployed at the Department. The Tier II Hazardous Chemicals Inventory Database and Web-based access application shall be maintained by the Division of Emergency Management of the Department of Crime Control and Public Safety." Management of Water Quality in the Jordan Watershed. - For provisions pertaining to water quality rule-making for the Jordan Watershed pursuant to Session Laws 2009-216, ss. 1-8, as amended by Session Laws 2009-484, ss. 6-8, see the notes at G.S. 143-214.7 and G.S. 143-215.1 . Jordan Lake Water Quality Improvement Demonstration Project. - Session Laws 2013-360, s. 14.3A(a)-(c), provides: "(a) Jordan Lake Nutrient Mitigation Demonstration Project. - The Department of Environment and Natural Resources shall establish a twenty-four-month demonstration project for the management of nutrients in Jordan Lake. The demonstration project shall specifically focus on preventing and reducing harmful algal blooms and excessive chlorophyll as well providing other nutrient mitigation measures in the Haw River arm and the Morgan Creek arm of Jordan Lake. In conducting the demonstration project, the Department shall enter into a contract with a third party that can deploy floating arrays of in-lake, long-distance circulators to reduce or prevent the adverse impacts of excessive nutrient loads, such as algal blooms, taste and odor problems in drinking water, and low levels of dissolved oxygen. At a minimum, the in-lake mechanical system chosen must meet the following criteria: "(1) Floating equipment shall be capable of continuous operation on solar power only during day, night, and extended overcast conditions 365 days per year. Continuous operation shall be defined as operating a minimum of ninety-seven percent (97%) of the total hours during the course of one year on solar power without reliance on any connection to the alternating current power grid. "(2) Achieve a total flow rate through the impellers on a continuous basis for 24 hours per day of 72,000 gallons per minute in the Morgan Creek arm and 36,000 gallons per minute in the Haw River arm. "(3) The circulation equipment shall be constructed primarily of Type 316 stainless steel metal for strength and superior corrosion resistance. Each machine shall also undergo a passivation bath, also known as stainless steel pickling, to restore corrosion resistance to the welds and other areas of imperfection. "(4) The circulation equipment shall be mechanically operated by a motor that has the following characteristics: "a. Is brushless (brush motors requiring brush replacement are not acceptable). "b. Uses a direct drive with no gearbox to avoid lubrication maintenance. "c. Contains stainless steel bearings requiring no scheduled lubrication with a rated bearing life expectancy greater than 100,000 hours of continuous operation. "d. Is designed for a marine outdoor environment by having a sealed housing with polymeric encapsulated internal windings for superior corrosion resistance capable of withstanding environmental conditions of one hundred percent (100%) humidity, -40 degree to 140 degree Fahrenheit ambient temperature range, freeze resistance, condensation resistance, and splash resistance. "e. Has a 10 year or greater replacement warranty. "(5) The circulation equipment shall be supplied with a motor controller and power management with the following features: "a. An anti-jam reverse feature that is automated and self-clearing for a locked rotor triggered by high current occurrences caused by a jammed impeller. "b. Scheduled reverse cycles with daily reverse impeller cycling for self-clearing of impeller to minimize fouling. "c. Motor health status monitoring and recording that includes scheduled speed, commanded speed, actual speed, motor current, motor voltage, and motor controller errors. "d. Temperature-compensated charging so that battery charging parameters are automatically adjusted for optimum results based on battery temperature. "e. Power conservation and continued operation mode managed by a programmed algorithm for reducing motor load and continuing operation by incremental speed reduction that is automatically enabled when extended low-sunlight conditions occur or battery reserve power is reduced. "f. A NEMA 4 enclosure for protection against condensation and moisture in a marine environment with internal circuit boards that are conformal coated for added protection against moisture. "(6) The battery power storage shall be a single battery (unless multiple batteries are connected in series) to avoid charging problems and shall have the following characteristics: "a. A battery rating capacity, at a 24-hour discharge rate in watt hours, at least 50 times the motor load in watts during normal operation (full speed, peak load). "b. Is a submergible battery to avoid temperature extremes and extend battery life. "c. Complies with DOT HMR49 nonspillable battery requirements. "d. Is UL listed and compliant to UL 1989. "e. Is maintenance-free and does not require rewatering. "f. Has a temperature sensor that monitors battery housing temperature and not ambient temperature to optimize charging cycles and extend battery life. "g. Is encased in double wall plastic and mounted in a stainless steel cage for safety and battery protection purposes. "(7) The photovoltaic modules on the unit shall have the following characteristics: "a. Have a nominal wattage rating that is five times the normal operating wattage of the motor to ensure continuous operation of the motor and impeller in all seasons. "b. Are monocrystalline and not multicrystalline to ensure adequate power collection during low-sunlight conditions. "c. Are certified to UL 1703 Class C, IEC 61215, and IEC 60364 standards. "d. Have 25-year manufacturer performance warranties. "(8) The digital controller of the machine shall have the following features: "a. Flashing light-emitting diodes in the control box readily accessible by service personnel and providing continuous electrical diagnostics so the state of the power system can easily be determined. "b. Capability to store within controller memory a 30-day rolling log of all primary machine operation parameters. "(9) The machine shall have an adjustable horizontal water intake that is capable of being field adjusted to a set level below the water surface without requiring machine removal or reinstallation. The intake shall bring a one-foot thick horizontal layer of water into the machine and include a singular hose of adequate length to reach the required intake depth setting. The flow through the hose and intake shall not exceed one foot per second. "(10) The circulation equipment shall operate normally with the following maintenance features: "a. No scheduled lubrication requirements for any system component, including motor and motor bearings. "b. No brush replacement on motor, gearbox replacement, or motor replacement to be expected during a 25-year expected life of the circulation equipment. "c. No spare parts shall be required to be kept on hand. "d. The impeller assembly shall be removable without the use of tools. "e. The circulator equipment shall have a bird deterrent system to minimize bird roostings and droppings on photovoltaic modules. "(11) The flotation equipment shall have the following features and characteristics: "a. Adjustable float arms with a one-inch diameter shaft and turnbuckle to achieve optimal performance setting. The arms shall be a closed frame to minimize torsion forces on the circulation equipment and provide balanced flotation. "b. The flotation buoyancy shall be 1,350 pounds or more to support the weight of the assembled circulation equipment with a safety factor greater than 1.5. Each machine shall weigh approximately 850 pounds. "c. Flotation shall contain expanded polystyrene foam beads that are steamed together to minimize water adsorption. "d. The flotation shall not sink should the flotation encasement be punctured. Encasements shall be resistant to damage due to animals, ice, bumps by watercraft, and contact deterioration from petroleum products and should be suitable for marine use. "(12) The circulation equipment shall be capable of being held in position by either attachment to mooring blocks at the bottom of the reservoir or tethering to the shore. "Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. Once installed, the Department shall monitor and evaluate the performance of the circulators in reducing the adverse impacts of harmful algal blooms and excessive chlorophyll and in providing other nutrient mitigation measures in the Haw River arm and the Morgan Creek arm of Jordan Lake and report the results of the monitoring and evaluation as provided in subsection (b) of this section. "(b) Report. - No later than October 1, 2015, the Department of Environment and Natural Resources shall submit an interim report on implementation of the demonstration project to the Environmental Review Commission and the Fiscal Research Division of the General Assembly. No later than April 1, 2016, the Department of Environment and Natural Resources shall submit a final report on implementation of the demonstration project to the Environmental Review Commission and the Fiscal Research Division of the General Assembly. "(c) Funding. - Of the funds appropriated by this act to the Clean Water Management Trust Fund, a total of one million three hundred fifty thousand dollars ($1,350,000) for fiscal year 2013-2014 and three hundred thousand dollars ($300,000) for fiscal year 2014-2015 shall be transferred to the Department of Environment and Natural Resources to be used to implement the Jordan Lake Water Quality Improvement Demonstration Project. In addition, the Department of Environment and Natural Resources shall contribute one hundred fifty thousand dollars ($150,000) for fiscal year 2014-2015 and one hundred fifty thousand dollars ($150,000) for fiscal year 2015-2016 from available funds, including those appropriated by this act, to support the Department's Division of Water Resources activities to manage and carry out the project, including water sampling, water testing, and water analysis of samples in the lake and connecting creeks prior to and during the demonstration project defined in subsection (a) of this section." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2013-2015 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2013-2015 fiscal biennium." Session Laws 2013-360, s. 38.5, is a severability clause. Water Quality and Quantity in the Upper Neuse River Basin. - The preamble to Session Laws 2009-486, provides: "Whereas, that portion of the Neuse River Basin that is upstream of the Falls Dam and that includes Falls Lake is often referred to as the Upper Neuse River Basin; and "Whereas, the nine drinking water supply reservoirs in the Upper Neuse River Basin provide water for drinking, sanitation, food processing, cooling, industrial processing, and other essential uses for the citizens of Orange, Person, Durham, Granville, and Wake Counties; and "Whereas, the General Assembly enacted S.L. 1997-458, the Clean Water Responsibility and Environmentally Sound Policy Act, to protect and restore the waters of the State in 1997; and "Whereas, the General Assembly enacted S.L. 2005-190, the Clean Lakes Act, to protect and restore the drinking water supply reservoirs of the State in 2005; and "Whereas, the North Carolina Division of Water Quality in the Department of Environment and Natural Resources listed Falls Lake in the Upper Neuse River Basin as impaired waters in 2008, and the U.S. Environmental Protection Agency also classifies Falls Lake as impaired waters due to nutrients and turbidity; and "Whereas, the quality and quantity of the water in the nine drinking water supply reservoirs in the Upper Neuse River Basin are essential to public health, environmental quality, and the economic vitality of the region; and "Whereas, the North Carolina Environmental Management Commission may not develop a nutrient management strategy and rules to implement the nutrient management strategy for the Upper Neuse River Basin by July 1, 2009, as required by law; and "Whereas, delayed development of a nutrient management strategy and rules to implement the nutrient management strategy threatens the quality and quantity of drinking water supply reservoirs in the Upper Neuse River Basin; Now, therefore, The General Assembly of North Carolina enacts:" For provisions pertaining to protection and restoration of water quality and quantity in the Upper Neuse River Basin, Falls Lake, and other drinking supply reservoirs pursuant to Session Laws 2009-486, see the notes at G.S. 143-214.1 and G.S. 143-215 . Session Laws 2009-486, s. 4, provides in part: "Section 3(h) of S.L. 2005-190, as enacted by Section 2(b) of this act, becomes effective January 1, 2010, applies to land-disturbing activities begun on or after January 1, 2010, and expires on the date that rules adopted pursuant to Section 3(i) of S.L. 2005-190, as enacted by Section 2(b) of this act, become effective." United States Postal Service Cluster Box Units/No Stormwater Permit Modification Required. - Session Laws 2014-120, s. 46(a)-(b), as amended by 2015-286, s. 40.20A, provides: "(a) Notwithstanding the requirements of Article 21 of Chapter 143 of the General Statutes and rules adopted pursuant to that Article, the addition of a cluster box unit to a single-family or duplex development permitted by a local government shall not require a modification to any stormwater permit for that development. This section shall only apply to single-family or duplex developments in which individual curbside mailboxes are replaced with cluster box units whereupon the associated built-upon area supporting the cluster box units shall be considered incidental and shall not be required in the calculation of built-upon area for the development for stormwater permitting purposes. "(b) This section is effective when this act becomes law and expires on December 31, 2017, or when regulations on cluster box design and placement by the United States Postal Service become effective and those regulations are adopted by local governments, whichever is earlier." Study Use of Ungraded Lumber in Certain Circumstances. - Session Laws 2017-211, s. 13, provides: "The Environmental Review Commission shall study the State sedimentation and erosion control program and locally delegated sedimentation and erosion control programs. The Commission shall specifically examine how the programs could be more efficient and streamlined. The Commission shall report the results of the study, including any findings and recommendations, to the 2018 Regular Session of the 2017 General Assembly." Funds to the Cape Fear Public Utility Authority for Water Quality Sampling, and Testing of Treatment Techniques, to Address Per- and Poly-fluoroalkyl Substances, Including Genx, and Other Contaminants. - Session Laws 2018-5, s. 13.1(e), provides: "Four hundred fifty thousand dollars ($450,000) of the funds appropriated in this act to the Division of Water Infrastructure of the Department of Environmental Quality shall be used to provide a grant-in-aid to the Cape Fear Public Utility Authority to implement a program to: "(1) Perform nontargeted sampling of finished drinking water from the Authority's Sweeney Water Treatment Plant and in its Aquifer Storage and Recovery Well (ASR) to identify levels of per- and poly-fluoroalkyl substances (PFAS), including the chemical known as 'GenX' (CAS registry number 62037-80-3 or 13252-13-6), that may be included in the water. "(2) After establishing the baseline pursuant to testing conducted pursuant to subdivision (1) of this subsection, the Authority shall test the effectiveness of ion exchange and activated carbon technologies for treatment of PFAS, including GenX. In so doing, the Authority shall (i) install temporary ion exchange and carbon treatment systems suitable to treat 500 gallons per minute (GPM) flow as a minimum capacity and modify existing piping from the Plant and ASR to connect to the temporary treatment systems; (ii) after installation of the temporary treatment systems, test the water treated weekly, before and after treatment by ion exchange and activated carbon, over a period of six weeks at increasing flow rates to determine the relative effectiveness of the two technologies at reducing PFAS, including GenX; and (iii) after determination of the most successful treatment technology at a high flow of 500 GPM, continue sampling water treated by the technology at two-week intervals thereafter. "The Authority shall submit an interim report on activities conducted pursuant to this section to the House Select Committee on North Carolina River Quality, the Senate Select Committee on North Carolina River Water Quality, the Fiscal Research Division, and the Environmental Review Commission no later than December 1, 2018, and a final report with sampling results and treatment data no later than June 1, 2019." Funding to Address Per- and Poly-fluoroalkyl Substances, Including Genx/Use of Expertise and Technology Available in Institutions of Higher Education Located Within the State. - Session Laws 2018-5, s. 13.1(f)-( l ), as amended by Session Laws 2019-241, s. 7(d), and as amended by Session Laws 2020-74, s. 8(a), provides: "(f) The General Assembly finds that (i) per- and poly-fluoroalkyl substances (PFAS), including the chemical known as 'GenX' (CAS registry number 62037-80-3 or 13252-13-6), are present in multiple watersheds in the State, and impair drinking water and (ii) these contaminants have been discovered largely through academic research not through systematic water quality monitoring programs operated by the Department of Environmental Quality or other State or federal agencies. The General Assembly finds that the profound, extensive, and nationally recognized faculty expertise, technology, and instrumentation existing within the Universities of North Carolina at Chapel Hill and Wilmington, North Carolina State University, North Carolina A&T State University, Duke University, and other public and private institutions of higher education located throughout the State should be maximally utilized to address the occurrence of PFAS, including GenX, in drinking water resources. "(g) The North Carolina Policy Collaboratory at the University of North Carolina at Chapel Hill (Collaboratory) shall identify faculty expertise, technology, and instrumentation, including mass spectrometers, located within institutions of higher education in the State, including the Universities of North Carolina at Chapel Hill and Wilmington, North Carolina State University, North Carolina A&T State University, Duke University, and other public and private institutions, and coordinate these faculty and resources to conduct nontargeted analysis for PFAS, including GenX, at all public water supply surface water intakes and one public water supply well selected by each municipal water system that operates groundwater wells for public drinking water supplies as identified by the Department of Environmental Quality, to establish a water quality baseline for all sampling sites. The Collaboratory, in consultation with the participating institutions of higher education, shall establish a protocol for the baseline testing required by this subsection, as well as a protocol for periodic retesting of the municipal intakes and additional public water supply wells. No later than April 15, 2021, the Collaboratory shall report the results of such sampling by identifying chemical families detected at each intake to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Environmental Review Commission, the Department of Environmental Quality, the Department of Health and Human Services, and the United States Environmental Protection Agency. "(h) Beginning October 1, 2018, the Collaboratory shall report no less than quarterly to the Environmental Review Commission, the Department of Environmental Quality, and the Department of Health and Human Services on all activities conducted pursuant to this section, including any findings and recommendations for any steps the Department of Environmental Quality, the Department of Health and Human Services, the General Assembly, or any other unit of government should take in order to address the impacts of PFAS, including GenX, on surface water and groundwater quality, as well as air quality in the State. "(i) Five million thirteen thousand dollars ($5,013,000) of the funds appropriated in this act for the 2018-2019 fiscal year to the Board of Governors of The University of North Carolina shall be allocated to the Collaboratory to manage and implement the requirements of this section, which shall include distribution to the Collaboratory and participating institutions of higher education (i) to cover costs incurred as a result of activities conducted pursuant to this section, (ii) for acquisition or modification of essential scientific instruments, or (iii) for payments of costs for sample collection and analysis, training or hiring of research staff and other personnel, method development activities, and data management, including dissemination of relevant data to stakeholders. No overhead shall be taken from these funds from the participating institutions that receive any portion of these funds. Funds appropriated by this section shall not revert but shall remain available for nonrecurring expenses. "(j) The Collaboratory should pursue relevant public and private funding opportunities that may be available to address the impacts of PFAS, including GenX, on surface water and groundwater quality, as well as air quality, in order to leverage funds appropriated by this section, or any other funds provided to the Collaboratory, including the Challenge Grant authorized in Section 27.5 of S.L. 2016-94, as amended by Section 10.4(a) of S.L. 2017-57. "(k) In the event that the United States Environmental Protection Agency no longer provides access to its analytical instrumentation at no cost to the State for water quality sampling analysis related to per- and poly-fluoroalkyl substances (PFAS), including the chemical known as 'GenX' (CAS registry number 62037-80-3 or 13252-13-6), or if the Department of Environmental Quality determines that such analysis is not being performed in a sufficiently timely manner, the Collaboratory shall coordinate such analysis in the most cost-effective manner using relevant faculty expertise, technology, and instrumentation, including mass spectrometers, existing throughout institutions of higher education located throughout the State, until such time as the Department of Environmental Quality is able to perform such analysis with instrumentation acquired pursuant to subsection (q) of this section. The Collaboratory, in consultation with the Department and relevant experts across institutions of higher education in the State, including the Universities of North Carolina at Chapel Hill and Wilmington, North Carolina State University, North Carolina A&T State University, Duke University, and other public and private institutions, shall establish a protocol for delivery of such samples taken by the Department to the entity designated to perform analysis of the samples, chain of custody protocols, and other matters to ensure proper handling and processing of the samples, which protocols shall be subject to approval by the United States Environmental Protection Agency, if such approval is required pursuant to authority delegated from the United States Environmental Protection Agency to the Department to administer federal environmental law. "( l ) The Collaboratory shall identify faculty expertise within institutions of higher education in the State, including the Universities of North Carolina at Chapel Hill and Wilmington, North Carolina State University, North Carolina A&T State University, Duke University, and other public and private institutions, and use technology and instrumentation existing throughout the institutions to conduct the following research (i) develop quantitative models to predict which private wells are most at risk of contamination from the discharge of PFAS, including GenX; (ii) test the performance of relevant technologies in removing such compounds; and (iii) study the air emissions and atmospheric deposition of PFAS, including GenX. In addition, Collaboratory may, using relevant faculty expertise, technology, and instrumentation existing throughout institutions identified, evaluate other research opportunities and conduct such research for improved water quality sampling and analyses techniques, data interpretation, and potential mitigation measures that may be necessary, with respect to the discharge of PFAS, including GenX." Funds to the Department of Environmental Quality. - Session Laws 2018-5, s. 13.1(m)-(q), provides: "(m) One million three hundred thousand dollars ($1,300,000) of the funds appropriated to the Department of Environmental Quality for the 2016-2017 fiscal year and allocated for in situ nutrient management by Section 14.13(e) of S.L. 2016-94, as amended by Section 13.24 of S.L. 2017-57, is reallocated for the purposes described in subsection (o) of this section. "(n) Twenty-five thousand dollars ($25,000) in nonrecurring funds appropriated to the Rural Economic Development Division of the Department of Commerce for the 2017-2018 fiscal year and provided as a grant-in-aid to the Town of Stedman by subdivision (15) of Section 15.8(b) of S.L. 2017-57 is transferred to the Department of Environmental Quality and allocated for the purposes described in subsection (o) of this section. "(o) The funds provided to the Department of Environmental Quality by subsections (m) and (n) of this section shall be allocated for the 2018-2019 fiscal year as follows: "(1) Six hundred thirteen thousand dollars ($613,000) to the Division of Water Resources for time-limited positions and operations support of water quality sampling and targeted analysis of samples related to per- and poly-fluoroalkyl substances (PFAS), including the chemical known as 'GenX' (CAS registry number 62037-80-3 or 13252-13-6), and to purchase supplies for operation of the mass spectrometer acquired pursuant to subsection (q) of this section to perform targeted analysis of water samples related to discharges of PFAS, including GenX. "(2) Two hundred thousand dollars ($200,000) to the Division of Water Resources for time-limited positions and operations support to address permitting backlogs. "(3) Two hundred thirty-two thousand nine hundred fifty dollars ($232,950) to the Division of Air Quality for sampling and analysis of atmospheric deposition of PFAS, including GenX. "(4) Two hundred seventy-nine thousand fifty dollars ($279,050) to the Division of Waste Management for sampling and analysis of PFAS, including GenX, in groundwater wells, soil, and sediment. "(p) Funds reallocated by subsection (o) of this section shall not revert but shall remain available for nonrecurring expenses. "(q) Five hundred thirty-seven thousand dollars ($537,000) of the funds appropriated by this act for the 2018-2019 fiscal year to the Department of Environmental Quality to purchase a triple quadrupole (QqQ) mass spectrometer shall be used to perform targeted analysis of water samples related to discharges of PFAS, including GenX, that are identified by testing conducted pursuant to subsections (f), (g), (h), and (i) of this section. Funds appropriated by this subsection shall not revert but shall remain available for nonrecurring expenses." Editor's Note. - Session Laws 2001-355, ss. 1 to 6, as amended by Session Laws 2013-413, s. 57(y), provide for the implementation of the Tar-Pamlico River Basin-Nutrient Sensitive Waters Management Strategy: Agricultural Nutrient Control Strategy, as adopted by the Environmental Management Commission on 12 October 2000 and approved by the Rules Review Commission on 20 November 2000, to become effective on 1 September 2001. A Local Advisory Committee is to be appointed in each county or watershed, as specified in the Basin Oversight Committee, within the Tar-Pamlico River Basin; these committees terminate upon a finding by the Environmental Management Commission that the long-term maintenance of nutrient loads is assured. Under the act, the Soil and Water Commission is to approve best management practices for pasture-based production or management of livestock, including a point system applicable thereto. Harvesting of trees is also addressed. Furthermore, the Basin Oversight Committee is to develop a nutrient loading accounting methodology, to be approved by the Environmental Management Commission no later than 1 March 2003. The Environmental Management Commission may adopt and revise a temporary rule incorporating the provisions of the act until a permanent rule can be adopted. Session Laws 2001-355, s. 7, provides that ss. 2 and 3 of the act expire when the temporary rule becomes effective, and s. 4 expires upon a finding that the long-term maintenance of nutrient loads in the Tar-Pamlico River Basin is assured. Session Laws 2017-10, s. 3.9, repealed Session Laws 2001-355, s. 4, effective May 4, 2017. For provisions of the Permit Extension Act of 2009, Session Laws 2009-406, as amended by Session Laws 2009-484, s. 5.1, Session Laws 2009-550, s. 5.2, Session Laws 2009-572, ss. 1-3, and Session Laws 2010-177, s. 1, see the notes under G.S. 153A-344.1 and G.S. 160A-385.1. Session Laws 2010-144, provides in its preamble: "Whereas, the two primary sources of data currently available to determine the State's water and wastewater needs include the United States Environmental Protection Agency surveys of publicly owned water and wastewater systems conducted every four years by the Department of Environment and Natural Resources and the North Carolina Rural Economic Development Center Water 2030 Initiative; and "Whereas, the Water 2030 Initiative, completed in 2005, provides a snapshot of projected water and wastewater infrastructure needs through 2030, but was funded as a onetime overview, and has not been fully updated since 2005; and "Whereas, while both the United States Environmental Protection Agency surveys and Water 2030 Initiative are useful tools, there continue to be gaps in the information used to determine the State's water and wastewater infrastructure needs, particularly with regard to economic development and growth-related infrastructure needs, water system efficiency measures, and costs related to the development of new water sources; Now, therefore, the General Assembly of North Carolina enacts:" Session Laws 2010-149 provides in its preamble: "Whereas, North Carolina recognizes that water is our most basic and precious natural resource; and "Whereas, North Carolina has experienced several years of extreme drought over the past decade and will likely continue to experience extreme drought in the future; and "Whereas, North Carolina should identify and promote best management practices and leadership efforts in water efficiency and water conservation; and "Whereas, agriculture is one of the largest industries in the State, with an annual economic impact of over $70 billion each year and employing over 640,000 people; and "Whereas, agriculture suffers acutely from the effects of water scarcity and drought, while at the same time playing an important role in the sustainable management of available water resources; and "Whereas, farmers and agricultural landowners can play an important role in helping to protect current and future water resources; and "Whereas, the United States Environmental Protection Agency conducts an assessment of the national public water system capital improvement needs every four years as part of its Drinking Water Infrastructure Needs Survey and Assessment, but this survey does not consider agricultural water infrastructure needs"; and "Whereas, the Department of Agriculture and Consumer Services, in conjunction with the Division of Soil and Water Conservation of the Department of Environment and Natural Resources [now Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services], the North Carolina Farm Bureau Federation, other agricultural organizations, and farmers are currently in the process of developing a strategic plan for protecting agricultural water resources; Now, therefore, the General Assembly of North Carolina enacts:" Session Laws 2010-149, ss. 1-3, provide: "1. The Department of Agriculture and Consumer Services and the Division of Soil and Water Conservation of the Department of Environment and Natural Resources [now Division of Soil and Water Conservation of the Department of Agriculture and Consumer Services] shall continue to work with the North Carolina Farm Bureau Federation, other agricultural organizations, and farmers to develop a plan that will identify agricultural water infrastructure needs that are not accounted for in the surveys of water infrastructure needs conducted by the United States Environmental Protection Agency. The plan shall include the following: "(1) A mechanism for reporting the results of the data gathered to the General Assembly in a manner that is helpful in assessing legislative and budgetary issues that the General Assembly may need to address. "(2) Methods to identify current and future agricultural water-use needs and methods to ensure that those needs are met. "(3) Methods to identify best management practices for water conservation and water efficiency by agricultural water users in the State. "(4) A schedule to update the plan on a regular basis. "2. The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources shall work with farmers and agricultural landowners to encourage voluntary practices that conserve water, increase the efficiency of private water use, and increase the water storage capacity of agricultural lands. The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources shall jointly design a cost-share program to provide technical and financial support to farmers and agricultural landowners who want to implement best management practices to protect water resources related to agricultural use. "3. The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources shall report to the Legislative Study Commission on Water and Wastewater Infrastructure by November 1, 2010, on the development of the plan to identify agricultural water infrastructure needs, the identification of best management practices for water conservation and water efficiency by agricultural water users in the State, and the design of the cost-share program. The report shall include the estimated costs of implementing the plan and cost-share program, the proposed methodology and time frame for implementing the plan and cost-share program, possible sources of funding for the cost-share program, and any legislative changes needed to implement the plan and cost-share program." Session Laws 2011-48, ss. 1-4, provide: "1. Definitions. - The following definitions apply to this section and its implementation: "(1) The definitions set out in G.S. 143-212 and G.S. 143-213 . "(2) The definitions set out in 15A NCAC 02T.0103 (Waste Not Discharged to Surface Waters: Definitions). "(3) The definitions set out in 15A NCAC 02U.0103 (Reclaimed Water: Definitions). "(4) 'Permitting by Regulation Rule 15A NCAC 02U.0113' means 15A NCAC 02U.0113 (Permitting by Regulation) as adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010. "(5) 'Reclaimed Water Utilization Rule 15A NCAC 02U.0501' means 15A NCAC 02U.0501 (Reclaimed Water Utilization) as adopted by the Environmental Management Commission on November 18, 2010, and approved by the Rules Review Commission on December 16, 2010. "2.(a) Permitting by Regulation Rule 15A NCAC 02U.0113. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 2(c) of this act, the Commission and the Department shall implement the Permitting by Regulation Rule 15A NCAC 02U.0113, as provided in Section 2(b) of this act. "(b) Implementation. - Notwithstanding subsection (a) of Permitting by Regulation Rule 15A NCAC 02U.0113, irrigation of agricultural crops, including irrigation of ornamental crops by field nurseries and aboveground container nurseries, supplied with reclaimed water as part of a conjunctive use reclaimed water system meeting the requirements of 15A NCAC 02U.0401 and approved by the reclaimed water provider is deemed to be permitted pursuant to G.S. 143-215.1(b) , and it is not necessary for the Division to issue individual permits or coverage under a general permit for construction or operation of this type of utilization system, provided the system does not result in any violations of surface water or groundwater standards and there is no unpermitted direct discharge to surface waters. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Permitting by Regulation Rule 15A NCAC 02U.0113. 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 2(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . 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) . "3.(a) Reclaimed Water Utilization Rule 15A NCAC 02U.0501. - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 3(c) of this act, the Commission and the Department shall implement the Reclaimed Water Utilization Rule 15A NCAC 02U.0501, as provided in Section 3(b) of this act. "(b) Implementation. - Notwithstanding subsection (a) of Reclaimed Water Utilization Rule 15A NCAC 02U.0501, existing or proposed artificial lakes or ponds operated by customers of reclaimed water providers may be used for storage and irrigation of reclaimed water as part of a conjunctive use reclaimed water system as provided in this section. Setbacks specified in 15A NCAC 02U.0701(b) between reclaimed water storage ponds and property lines or wells under separate ownership may be waived by the adjoining property owner. A copy of the signed and notarized waiver shall be provided to the Department. Setbacks specified in 15A NCAC 02U.0701(b) between reclaimed water storage ponds and wells under the same ownership as the reclaimed water storage pond may be waived by the property owner. The criteria for liners specified in 15A NCAC 02U.0401(f) are not required, provided the effluent quality of the reclaimed water source is protective of the groundwater standard for nitrates established pursuant to Subchapter 2L of Title 15A of the North Carolina Administrative Code. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace Permitting by Regulation Rule 15A NCAC 02U.0113. 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 2(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . 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) . "4. If a National Pollutant Discharge Elimination System permit is required for storage or irrigation of reclaimed water as part of a conjunctive use reclaimed water system, the Division of Water Quality in the Department of Environment and Natural Resources shall issue general permits for such activities in order to encourage the use of reclaimed water and to minimize the regulatory burden on users of reclaimed water." Session Laws 2011-48, s. 5(a)-(c), provides: "(a) The following definitions apply to this section and its implementation: "(1) The definitions set out in G.S. 130A-294 . "(2) The definitions set out in 15A NCAC 02D.0101 (Air Pollution Control Requirements: Definitions and References). "(3) 'Storm-related debris' means any construction or demolition debris, inert debris, land-clearing debris, or yard debris or trash generated in the State as a result of the tornados, flooding, and severe winds that occurred on April 16, 2011. "(b) From the date that the state of emergency was declared by the Governor under Executive Order No. 87 through June 1, 2011, the disposal, temporary storage, and burning of storm-related debris is allowed, notwithstanding any permitting requirements for the handling or disposal of solid waste, or any prohibitions on open burning related to the protection of air quality provided under State law, including, but not limited, to all of the following: "(1) G.S. 130A-294 (Solid Waste Management Program) and other provisions of Article 9 of Chapter 130A of the General Statutes as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(2) 15A NCAC 13B.0103 (Solid Waste Management: General Conditions) and 15A NCAC 13B.0201 (Permits for Solid Waste Management Facilities: Permit Required) and other provisions of the North Carolina Administrative Code as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(3) G.S. 143-215.3 (General Powers of Commission and Department; auxiliary powers) and other provisions of Article 21 of Chapter 143 of the General Statutes as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(4) 15A NCAC 02D.0305 (Air Pollution Control Requirements: Emission Reduction Plan: Alert Level) and other provisions of the North Carolina Administrative Code as may prohibit the unpermitted disposal, temporary storage, or burning of storm-related debris. "(c) The provisions of subsection (b) of this section shall not be construed to (i) allow the improper or unpermitted storage, disposal, or burning of hazardous waste; (ii) obviate the need for a permit to burn required under Article 4C of Chapter 113 of the General Statutes for the protection of the public from the hazards of forest fires; (iii) allow any activity that would violate federal law; or (iv) allow any activity that causes an imminent threat to public health or safety." Session Laws 2011-394, s. 17(a)-(d), provides: "(a) Definitions. - The following definitions apply to this act and its implementation: "(1) The definitions set out in G.S. 113A-103 and G.S. 143-212 . "(2) The definitions set out in the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule. "(3) "Coastal wetlands" means marshland as defined in G.S. 113-229 . "(4) "Commission" means the Environmental Management Commission. "(5) "Existing lot" means a lot of two acres in size or less that was platted and recorded in the office of the appropriate county Register of Deeds prior to August 1, 2000. "(6) "Neuse River Basin Riparian Buffer Rule" means 15A NCAC 02B.0233 (Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers), effective August 1, 2000. "(7) "Tar-Pamlico River Basin Riparian Buffer Rule" means 15A NCAC 02B.0259 (Tar-Pamlico River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers), effective August 1, 2000. "(b) Neuse River Basin Riparian Buffer Rule and Tar-Pamlico River Basin Riparian Buffer Rule. - Until the effective date of the revised permanent rules that the Commission is required to adopt pursuant to Section 17.(d) of this act, the Commission and the Department shall implement the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule, as provided in Section 17.(c) of this act. "(c) Implementation. - The riparian buffer requirements of the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule shall apply to development of an existing lot located adjacent to surface waters in the coastal area as provided in this section. Where application of the riparian buffer requirements would preclude construction of a single-family residence and necessary infrastructure, such as an on-site wastewater system, the single-family residence may encroach on the buffer if all of the following conditions are met: "(1) The residence is set back the maximum feasible distance from the normal high-water level or normal water level, whichever is applicable, on the existing lot and designed to minimize encroachment into the riparian buffer. "(2) The residence is set back a minimum of 30 feet landward of the normal high-water level or normal water level, whichever is applicable. "(3) Stormwater generated by new impervious surface within the riparian buffer is treated and diffuse flow of stormwater is maintained through the buffer. "(4) If the residence will be served by an on-site wastewater system, no part of the septic tank or drainfield may encroach into the riparian buffer. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend the Neuse River Basin Riparian Buffer Rule and the Tar-Pamlico River Basin Riparian Buffer Rule. Notwithstanding G.S. 150B-19(4) , the rules adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 17.(c) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.9 through G.S. 150B-21.14 . 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) ." Session Laws 2012-200, s. 20, provides: "Funds received by the State pursuant to the provisions of the Consent Decree entered into by the State in State of Alabama et al. v. Tennessee Valley Authority , Civil Action 3:11-cv-00170 in the United States District Court for the Eastern District of Tennessee and allocated to the Department of Agriculture and Consumer Services by the Committee Report to House Bill 950 shall be used exclusively to award grants for 'Environmental Mitigation Projects' of the types specified in paragraph 128 of the Consent Decree in the following counties: Avery, Buncombe, Burke, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey." Session Laws 2013-413, s. 34(a)-(d), as amended by Session Laws 2014-120, s. 53, provides: "(a) 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units). - Until the effective date of the revised permanent rule that the Commission is required to adopt pursuant to Section 34(c) of this act, the Commission, the Department, and any other political subdivision of the State shall implement 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) as provided in Section 34(b) of this act. "(b) Implementation. - Notwithstanding the Daily Flow for Design rates listed for dwelling units in 15A NCAC 18A .1949(a) or for other establishments in Table No. 1 of 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units), a wastewater system shall be exempt from the Daily Flow for Design, and any other design flow standards that are established by the Department of Health and Human Services or the Commission for Public Health provided flow rates that are less than those listed in 15A NCAC 18A .1949 (Sewage Flow Rates for Design Units) can be achieved through engineering design that utilizes low-flow fixtures and low-flow technologies and the design is prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the General Statutes. The Department and Commission may establish, by rule, lower limits on reduced flow rates as necessary to ensure wastewater system integrity and protect public health, safety, and welfare, provided that the Commission relies on scientific evidence specific to soil types found in North Carolina that the lower limits are necessary for those soil types. 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) . Proposed daily design flows for wastewater systems that are calculated to be less than 3,000 total gallons per day shall not require State review pursuant to 15A NCAC 18A .1938(e). Neither the State nor any local health department shall be liable for any damages caused by a system approved or permitted pursuant to this section. "(c) Additional Rule-Making Authority. - The Commission shall adopt a rule to amend 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) consistent with Section 34(b) 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 34(b) of this act. Rules adopted pursuant to this section are not subject to G.S. 150B-21.8 through G.S. 150B-21.14 . 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) . "(d) Sunset. - Section 34(b) of this act expires on the date that rules adopted pursuant to Section 34(c) of this act become effective." Session Laws 2013-413, s. 61(a), is a severability clause. Session Laws 2015-241, s. 14.5(b), provides: "The General Assembly finds that there is a need for timely initiation of projects authorized by this section during the biennium to expedite mitigation of impaired waters of the State. Therefore, any contract, contract extension, lease, purchase, or other agreement entered into under this section shall not be subject to the requirements of Article 3, 3D, or 8 of Chapter 143 of the General Statutes in order to expedite deployment. Session Laws 2015-241, s. 14.5(a), (c), and (d) provided for funding to continue the Jordan Lake Nutrient Mitigation Demonstration Project established in Session Laws 2013-360, s. 14.3A; for an effective date delay for modification of existing or proposed rules related to basinwide nutrient management and mitigation of water quality of impaired water bodes; and for a study [due no later than April 1, 2016] of in situ strategies beyond traditional watershed controls that have the potential to mitigate water quality impairments resulting from water quality variables that impair or have the potential to impair water bodies of the State." However, Session Laws 2015-241, s. 14.5(a) and (c) were repealed by Session Laws 2016-94, s. 14.13(b) and further provided that: "the Department shall terminate the demonstration project authorized by that section. Any funds allocated under subsection (a) of Section 14.5 of S.L. 2015-241 that are unspent and unencumbered on the effective date of this act shall revert to the Clean Water Management Trust Fund." Session Laws 2016-94, s. 14.13(j) provides: "Subsection (b) of this section becomes effective on the earlier of July 1, 2016, or the date of termination of a contract related to in situ water quality remediation strategies that was previously extended pursuant to Section 14.5 of S.L. 2015-241." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-94, s. 14.13(a), provides: "The General Assembly finds all of the following: "(1) It is necessary for the State to have a comprehensive management strategy to protect and improve water quality. "(2) Over the last 20 years, comprehensive watershed nutrient management strategies and buffer rules have been implemented in several river basins and watersheds in North Carolina where surface water quality has been impaired by excess nutrients. "(3) It is in the interest of the State to review the costs and benefits of existing nutrient management strategies and determine whether those nutrient management strategies should be modified in order to maintain and improve water quality in nutrient sensitive waters. "(4) The State should revise nutrient strategies to maintain proven measures already shown to be effective; incorporate new technological and management innovations; recognize investments in water quality already implemented by stakeholders; and share costs on an equitable basis." Session Laws 2016-94, s. 14.13(c)-(i), as amended by Session Laws 2017-57, s. 13.24, and as amended by Session Laws 2018-5, s. 13.8(a)-(c), provides: "(c) Of the funds appropriated to the Board of Governors of The University of North Carolina, the sum of five hundred thousand dollars ($500,000) for each of the fiscal years from 2016-2017 through 2021-2022 is allocated to the Chief Sustainability Officer at the University of North Carolina at Chapel Hill to designate an entity to oversee a continuing study and analysis of nutrient management strategies (including in situ strategies) and compilation of existing water quality data specifically in the context of Jordan Lake and Falls Lake. As part of this study, the entity shall (i) review data collected by the Department of Environmental Quality and by other stakeholders from water sampling in areas subject to the Falls Lake or Jordan Lake Water Supply Nutrient Strategies and compare trends in water quality to the implementation of the various elements of each of the Strategies and (ii) examine the costs and benefits of basinwide nutrient strategies in other states and the impact (or lack of impact) those strategies have had on water quality. The entity shall report to the Environmental Review Commission, the Environmental Management Commission, and the Department of Environmental Quality as set forth below: "(1) With respect to Jordan Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2019, with interim updates no later than December 31, 2016, December 31, 2017, and December 31, 2018. "(2) With respect to Falls Lake, the final results of its study and recommendations for further action (including any statutory or regulatory changes necessary to implement the recommendations) no later than December 31, 2023, with interim updates no later than December 31, 2019, and December 31, 2021. "No indirect or facilities and administrative costs shall be charged by the University against the funds allocated by this section. The Department of Environmental Quality shall provide all necessary data and staff assistance as requested by the entity for the duration of the study required by this subsection. The Department shall also designate from existing positions an employee to serve as liaison between the Department and the entity to facilitate communication and handle data requests for the duration of the project. "(d) As part of the periodic review and readoption of rules required by G.S. 150B-21.3 A, the Environmental Management Commission shall, based on the study required by subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations as defined in this section, review the following Nutrient Strategies: "(1) The Falls Water Supply Nutrient Strategy, 15A NCAC 2B.0275 through .0282 and .0315. "(2) The Jordan Lake Water Supply Nutrient Strategy, 15A NCAC 2B.0263 through .0273 and .0311. "(3) Any changes to these regulations imposed by acts of the General Assembly. "The schedule set forth in this subsection shall modify the review and readoption schedule set by the Rules Review Commission under G.S. 150B-21.3 A to the extent the schedules conflict. No later than December 31, 2016, the Department of Environmental Quality shall report to the Environmental Review Commission a list of any other rules and any acts of the General Assembly changing the rules identified in this subsection, and the Environmental Management Commission's review shall include the rules identified in this section and in that report. As part of its rule review process, the Environmental Management Commission shall (i) hold public hearings in the upstream and downstream portions of the Falls Lake and Jordan Lake river basins and subbasins and (ii) no later than December 31, 2016, convene a stakeholder working group that represents all classes of users and all geographic parts of the impacted river basins and subbasins and that will provide input to the Environmental Management Commission regarding the revision to the Nutrient Strategies. The Environmental Management Commission shall begin rule readoption for the Jordan Lake Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Jordan Lake or (ii) December 31, 2020. The Environmental Management Commission shall begin rule readoption for the Falls Water Supply Nutrient Strategy on the earlier of the following: (i) upon receipt of the completed study and final recommendations prepared in response to subsection (c) of this section and any monitoring or modeling study conducted pursuant to existing regulations for nutrient management in Falls Lake or (ii) December 31, 2024. For purposes of the G.S. 150B-21.3 A readoption process, the Nutrient Strategies shall be considered "necessary with substantive public interest." "(e) The Department of Environmental Quality shall study alternative technologies for in situ approaches to nutrient management in Falls Lake and Jordan Lake. In its study, the Department shall consider in situ treatments, including algaecide and phosphorus-locking technologies, that have been certified by the United States Environmental Protection Agency for use in drinking water sources. Of the funds appropriated in this act to the Department of Environmental Quality, the sum of one million three hundred thousand dollars ($1,300,000) for the 2016-2017 fiscal year may be used only for permitting and implementation of a trial of these technologies. The Department shall begin any testing or sampling activities required to support permit applications for the trial by September 1, 2017. Any contract entered into under this subsection shall not be subject to Article 3 or Article 8 of Chapter 143 of the General Statutes. The study shall determine whether these treatments would provide improvements in water quality. The Department shall submit an interim report no later than September 1 of each year the study and trial required by this section are ongoing, and a final report no later than December 31, 2010, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division. If the Department finds these strategies to be effective, it shall incorporate them into the Nutrient Strategies readoption required by subsection (d) of this section. Funds allocated by this subsection shall remain available until the conclusion of the study, and any funds unused at that time shall revert to the General Fund. "(f) Impervious surface added in a city or county within the Jordan Lake watershed after July 26, 2013, and prior to December 31, 2020, shall, notwithstanding any other provision of law or associated regulations adopted by the Environmental Management Commission, not be counted as built-upon area for purposes of a city's or county's calculation of nutrient loading targets under a Development Stormwater Rule. Pursuant to G.S. 153A-145.6 and G.S. 160A-205.1 , cities and counties shall not enforce Development Stormwater Rules through any ordinance, code, standard, committed element, condition, or contractual obligation imposed by, agreed upon, or accepted by a county or city. For purposes of this subdivision, 'Development Stormwater Rule' shall mean 15A NCAC 2B.0265 (Stormwater Management for New Development) and 15A NCAC 2B.0266 (Stormwater Management for Existing Development), or equivalent or more stringent ordinance, code, standard, or committed element related to nutrient-loading targets in the Jordan Lake watershed. "(g) The Department of Environmental Quality shall study the following issues related to nutrient impact fees and other water quality impact mitigation programs in Jordan Lake and Falls Lake: "(1) The impact, costs, and benefits of setting nutrient offset fees on a subbasin- or area-specific basis, together with an estimate of the subbasin-specific nutrient offset fees for each subbasin in the Jordan Lake and Falls Lake watersheds or area draining to a particular arm of Jordan Lake or Falls Lake. "(2) Watersheds and river basins or subbasins where private providers of mitigation services are adequately serving existing and projected demand over the next five years, and whether (i) the continuing provision of mitigation services by the State in those areas is necessary and (ii) statutory authority to provide mitigation services in those areas should be totally or partially repealed. "The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division regarding the results and recommendations from its study and any suggested legislation necessary to implement the recommendations. "(h) The rules described below shall not take effect and are subject to the review and readoption required by subsection (d) of this section: "(1) With respect to the Jordan Lake rules, as defined by subdivisions (2) and (3) of subsection (d) of this section, any rules with effective dates after July 1, 2016. Rules delayed under this subdivision will have the effective date specified in the rules as readopted under subsection (d) of this section. "(2) With respect to the Falls Lake rules, as defined by subdivisions (1) and (3) of subsection (d) of this section, any rules with effective dates between the effective date of this act and October 15, 2022, provided that provisions of the Falls Lake rules which establish Stage I reduction actions and goals shall remain in effect until the Falls Lake rules, as modified under subsection (d) of this section, become effective. The due dates for reduction actions and goals set to be completed by December 31, 2020, and the reduction actions and goals identified as Stage II in the Falls Lake rules are delayed until the Falls Lake rules, as modified under subsection (d) of this section, become effective. "(i) Stormwater treatment practices that have been approved by the Chesapeake Bay Commission for TMDL compliance in the Chesapeake Bay watershed shall be allowed for TMDL compliance in the Jordan Lake and Falls Lake watersheds at the same pollutant removal efficiency value established for each such practice for the Chesapeake Bay watershed. The Department shall report no later than December 1, 2016, to the Environmental Review Commission, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division on the need and desirability of establishing State-specific pollutant removal efficiency values for the stormwater treatment practices allowed by this subsection. If the Department decides to establish State-specific values, it shall incorporate those values into the Nutrient Strategies readoption required by subsection (d) of this section." Session Laws 2016-23, s. 10(a) and (b) provides: "(a) Definition. - For purposes of this section, 'impacted location' shall mean any facility or property that has now been determined to be located in North Carolina as a result of a boundary certification recognized by the states of North Carolina and South Carolina, and, as a result, either of the following applies to the facility or property: "(1) It is required to obtain a permit, license, or approval from the North Carolina Department of Environmental Quality. "(2) It is subject to a permit, license, or approval program that is operated by a local government and is delegated from or approved by the North Carolina Department of Environmental Quality. "(b) Notwithstanding any other provision of law to the contrary, the Department of Environmental Quality, the Environmental Management Commission, or any local program delegated or approved by the Department or the Commission (collectively, the 'permitting authorities'), in issuing any environmental permit, license, or approval to an impacted location, shall provide a schedule of compliance that allows the recipient of the permit, license, or approval a period of no less than five years to come into compliance with any North Carolina environmental rule or standard established by the permitting authorities that (i) has no corresponding rule or standard under South Carolina law or regulation or (ii) is more stringent than the corresponding rule or standard established under South Carolina law or regulations. The permitting authorities may include increments of progress applicable in each year of the schedule established under this subsection. The owner or operator of an impacted location may waive the schedule of compliance required by this subsection. Nothing in this section is intended to limit the applicability or employment of existing procedures under North Carolina statutes and regulations granting waivers or variances from otherwise applicable environmental rules or standards." Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2016-94, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2016.'" Session Laws 2016-94, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2016-2017 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2016-2017 fiscal year." Session Laws 2016-94, s. 39.7, is a severability clause. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 13.8(d), provides: "Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, the North Carolina Policy Collaboratory is authorized to use for the purposes set forth in this subsection no more than one million dollars ($1,000,000) for the 2018-2019 fiscal year of the funds appropriated for the 2016-2017 fiscal year to the Office of State Budget and Management, Special Appropriations, and allocated to the Board of Trustees of the University of North Carolina at Chapel Hill for use as matching funds by the Collaboratory. Notwithstanding Section 27.5 of S.L. 2016-94, as amended by Section 10.4 of S.L. 2017-57, no match is required for funds reallocated by this subsection. "The Collaboratory shall use these funds to create an updated quantitative model of Jordan Lake and the Haw River subbasin of the Cape Fear River based on the nutrient management study funded by Section 14.13(c) of S.L. 2016-94. The funds may also be utilized for personnel costs, data acquisition, and software licensing related to the model update project funded by this subsection, but the University of North Carolina at Chapel Hill shall not charge for overhead costs against the funds reallocated by this subsection. Funds reallocated by this subsection shall not revert but shall continue to be available to the Collaboratory for the purposes described in this subsection." Session Laws 2018-5, s. 13.8(e), provides: "(e) In the report required by Section 14.13(c) of S.L. 2016-94, as amended by subsection (a) of this section, the Collaboratory shall present the results of the model authorized by subsection (d) of this section, along with (i) recommendations for revisions or additions to the Jordan Lake Water Supply Nutrient Strategy and (ii) identification and analysis of issues and areas identified by its study and model where no scientific consensus exists or where data is unavailable or incomplete." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" twice in subsection (c). Legal Periodicals. - For comment on this Article, see 29 N.C.L. Rev. 365 (1951). For article, "Introduction to Water Use Law in North Carolina," see 46 N.C.L. Rev. 1 (1967). For note on coastal land use development and area-wide zoning, see 49 N.C.L. Rev. 866 (1971). For note on estuarine pollution, see 49 N.C.L. Rev. 921 (1971). For comment, "Legal Analysis of the Constitutionality of the Water Supply Watershed Protection Act of 1989 and the Hyde Bill," see 29 Wake Forest L. Rev. 1279 (1994). For a survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997). For legislative survey, see 21 Campbell L. Rev. 323 (1999). For legislative survey, see 22 Campbell L. Rev. 253 (2000). For article, "Now Open for Development?: The Present State of Regulation of Activities in North Carolina Wetlands," see 79 N.C.L. Rev. 1667 (2001). For article, "The Evolution of Modern North Carolina Environmental and Conservation Policy Legislation," see 29 Campbell L. Rev. 535 (2007). For article, "Ripening on the Vine: North Carolina's Renewable Energy and Energy Efficiency Portfolio Standard Should Be Left Unchanged Ahead of 2012 Compliance Deadline," see 34 N.C. Cent. L. Rev. 111 (2012).