North Carolina § 143-215 - 8B. Basinwide water quality management plans.

§ 143-215. 8B. Basinwide water quality management plans.

The Commission shall develop and implement a basinwide water quality management plan for each of the 17 major river basins in the State. In developing and implementing each plan, the Commission shall consider the cumulative impacts of all of the following: All activities across a river basin and all point sources and nonpoint sources of pollutants, including municipal wastewater facilities, industrial wastewater systems, septic tank systems, stormwater management systems, golf courses, farms that use fertilizers and pesticides for crops, public and commercial lawns and gardens, atmospheric deposition, and animal operations. All transfers into and from a river basin that are required to be registered under G.S. 143-215.22H. Each basinwide water quality management plan shall: Provide that all point sources and nonpoint sources of pollutants jointly share the responsibility of reducing the pollutants in the State's waters in a fair, reasonable, and proportionate manner, using computer modeling and the best science and technology reasonably available and considering future anticipated population growth and economic development. If any of the waters located within the river basin are designated as nutrient sensitive waters, then the basinwide water quality management plan shall establish a goal to reduce the average annual mass load of nutrients that are delivered to surface waters within the river basin from point and nonpoint sources. The Commission shall establish a nutrient reduction goal for the nutrient or nutrients of concern that will result in improvements to water quality such that the designated uses of the water, as provided in the classification of the water under G.S. 143-214.1(d), are not impaired. The plan shall require incremental progress toward achieving the goal. In developing the plan, the Commission shall determine and allow appropriate credit toward achieving the goal for reductions of water pollution by point and nonpoint sources through voluntary measures. The Commission shall review and revise its 17 basinwide water quality management plans at least every 10 years to reflect changes in water quality, improvements in modeling methods, improvements in wastewater treatment technology, and advances in scientific knowledge and, as need to support designated uses of water, modifications to management strategies. As a part of the report required pursuant to G.S. 143-355(p), the Commission and the Department shall each report on or before November 1 of each year on an annual basis to the Environmental Review Commission on the progress in developing and implementing basinwide water quality management plans and on increasing public involvement and public education in connection with basinwide water quality management planning. The report to the Environmental Review Commission by the Department shall include a written statement as to all concentrations of heavy metals and other pollutants in the surface waters of the State that are identified in the course of preparing or revising the basinwide water quality management plans. A basinwide water quality management plan is not a rule and Article 2A of Chapter 150B of the General Statutes does not apply to the development of basinwide water quality management plans. Any water quality standard or classification and any requirement or limitation of general applicability that implements a basinwide water quality management plan is a rule and must be adopted as provided in Article 2A of Chapter 150B of the General Statutes. History (1997-458, s. 8.2; 1998-168, s. 2; 2012-200, s. 9(b); 2017-10, s. 4.16(d).) Cross References. - As to the Roanoke River Basin Bi-State Commission and the Roanoke River Basin Authority Committee, see G.S. 77-90 et seq. 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 and 3-8, as amended by Session Laws 2009-484, ss. 6(b), (c), 7, and 8, see the note at G.S. 143-214.7 . Water Quality and Quantity in the Upper Neuse River Basin. - 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 . Local Stormwater Management Programs under the Jordan Lake New Development Rule. - For definition of, implementation of, and additional rule-making authority related to New Development Rule 15A NCAC 02B.0265, see Session Laws 2012-200, s. 9(c)-(g), which is noted under this heading under G.S. 143-214.7 . Editor's Note. - Session Laws 1997-458, s. 8.1, provides: "The General Assembly makes the following findings: "(1) There are 17 major river basins in the State. "(2) Many activities occur in the vicinity of each of these river basins, and the activities and conditions in one river basin may vary greatly from those in another river basin. "(3) The public is focusing on the swine industry's role in degrading water quality, but, in fact, numerous other industries and even private citizens are responsible for contributing pollutants to the waters of the State. Among the point source and nonpoint sources of pollutants in our State's waters are: municipal wastewater facilities, industrial wastewater systems, septic tank systems, stormwater management systems, golf courses, farms that use fertilizers and pesticides for crops, public and commercial lawns and gardens, and atmospheric deposition, as well as animal operations. "(4) The best and most effective approach to protecting and improving water quality is a comprehensive, systemwide management approach. "(5) Basinwide water quality management is an approach already being taken by the Department of Environment, Health, and Natural Resources [now the Department of Environmental Quality] to improve the efficiency, effectiveness, and consistency of its water quality protection program. It is not a new regulatory program; it is a watershed-based approach that provides for basinwide permitting and integration of point and nonpoint source controls through existing regulatory and cooperative programs. The Neuse River Basinwide Management Plan has already been released. Seventeen basinwide plans are planned to be prepared by the Department over the next five years. "(6) The better solution to improving water quality lies not in abandoning efforts under way in an effort to find a new solution, but to accelerate effective efforts currently in progress by establishing a deadline for completing, and expediting the implementation of, the 17 comprehensive conservation and management plans for each major river basin in the State. "(7) The public should be informed of the complexity of the problems regarding water quality so that the public can appreciate the effectiveness of a systemwide approach and the degree of effort that has already been expended to address these problems. Public involvement should be encouraged, and public education should be enhanced." Session Laws 2009-486, s. 3, provides: "Concurrent with the permanent rule making required by Section 3 of S.L. 2005-190, as amended by Section 31 of S.L. 2006-259 and Section 2(a) of this act, and pursuant to G.S. 143-215.8 B, the Environmental Management Commission shall adopt temporary rules. The Commission shall adopt the temporary rules required by this section by January 15, 2011." Session Laws 2017-10, s. 4.16(e), provides that the first combined report required by Session Laws 2017-10, s. 4.16(d), which added the requirement to subsection (d) of this section, shall be submitted to the Environmental Review Commission no later than November 1, 2017. Session Laws 2017-10, s. 5.1 , is a severability clause. Effect of Amendments. - Session Laws 2012-200, s. 9(b), effective August 1, 2012, in subdivision (b)(2), substituted the third sentence for "The plan shall require that incremental progress toward achieving the goal be demonstrated each year. The Commission shall develop a five-year plan to achieve the goal"; and in subsection (c), substituted "10 years" for "five years." Session Laws 2017-10, s. 4.16(d), effective May 4, 2017, in subsection (d), added "As a part of the report required pursuant to G.S. 143-355(p) , the" to the beginning of the sentence; substituted "November 1" for "1 October"; and made a related change. Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 450. § 143-215.8C: Repealed by Session Laws 2005-386, s. 2.1, effective December 1, 2005.