Bill Text: NC S589 | 2011-2012 | Regular Session | Amended
Bill Title: Hazardous Waste Amends
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-14 - Ref To Com On Agriculture/Environment/Natural Resources [S589 Detail]
Download: North_Carolina-2011-S589-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 1
SENATE BILL 589
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Short Title: Hazardous Waste Amends. |
(Public) |
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Sponsors: |
Senator Vaughan. |
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Referred to: |
Agriculture/Environment/Natural Resources. |
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April 14, 2011
A BILL TO BE ENTITLED
AN ACT to amend certain laws governing hazardous waste facilities.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 130A‑295.04 reads as rewritten:
"§ 130A‑295.04. Financial responsibility requirements for applicants for a permit and permit holders for hazardous waste facilities.
(a) In addition to any other financial responsibility requirements for solid waste management facilities under this Part, the applicant for a permit or a permit holder for a hazardous waste facility shall establish financial assurance that will ensure that sufficient funds are available for facility closure, post‑closure maintenance and monitoring, any corrective action that the Department may require, and to satisfy any potential liability for sudden and nonsudden accidental occurrences, even if the applicant or permit holder becomes insolvent or ceases to reside, be incorporated, do business, or maintain assets in the State.
(b) To establish sufficient availability of funds under this section, the applicant for a permit or a permit holder for a hazardous waste facility may use insurance, financial tests, third‑party guarantees by persons who can pass the financial test, guarantees by corporate parents who can pass the financial test, irrevocable letters of credit, trusts, surety bonds, or any other financial device, or any combination of the foregoing, shown to provide protection equivalent to the financial protection that would be provided by insurance if insurance were the only mechanism used.
(c) The applicant for a permit or a permit holder for a hazardous waste facility, and any parent, subsidiary, or other affiliate of the applicant, permit holder, or parent, including any joint venturer with a direct or indirect interest in the applicant, permit holder, or parent, shall be a guarantor of payment for closure, post‑closure maintenance and monitoring, any corrective action that the Department may require, and to satisfy any potential liability for sudden and nonsudden accidental occurrences arising from the operation of the hazardous waste facility.
(d) In addition to any other financial assurance
requirements for hazardous waste management facilities under this section, an
applicant for a permit or a permit holder for a commercial hazardous waste
facility shall establish financial assurance that will ensure that sufficient
funds are available for corrective action and for off‑site screening for
potential migration of contaminants in the event of a release of hazardous
waste or hazardous waste constituents into the environment in an amount
approved by the Department. The applicant for a permit or a permit holder
may not use a financial test or captive insurance to establish financial
assurance under this subsection.
(e) The Department may require an applicant for a
permit for a hazardous waste facility to provide cost estimates for facility
closure, post‑closure maintenance and monitoring, and any corrective
action that the Department may require to the Department. The Department may
require an applicant for a permit for a commercial hazardous waste facility to
provide cost estimates for off‑site screening for potential migration of
contaminants in the event of a release of hazardous waste or hazardous waste
constituents into the environment.
(f) Assets used to meet the financial assurance requirements of this section shall be in a form that will allow the Department to readily access funds for the purposes set out in this section. Assets used to meet financial assurance requirements of this section shall not be accessible to the permit holder except as approved by the Department. Compliance with the financial assurance requirements set forth in Subpart H of Part 264 of 40 Code of Federal Regulations (July 1, 2010 edition) shall be sufficient to meet the requirements of this subsection.
(g) The Department may provide a copy of any filing that an applicant for a permit or a permit holder for a hazardous waste facility submits to the Department to meet the financial responsibility requirements under this section to the State Treasurer. The State Treasurer shall review the filing and provide the Department with a written opinion as to the adequacy of the filing to meet the purposes of this section, including any recommended changes.
(h) In order to continue to hold a permit for a hazardous waste facility, a permit holder must maintain financial responsibility as required by this Part and must provide any information requested by the Department to establish that the permit holder continues to maintain financial responsibility.
(i) An applicant for a permit or a permit holder for a hazardous waste facility shall satisfy the Department that the applicant or permit holder has met the financial responsibility requirements of this Part before the Department is required to otherwise review the application.
(j) The Commission may adopt rules
regarding financial responsibility in order to implement this section."
SECTION 2. G.S. 130A‑295 reads as rewritten:
"§ 130A‑295. Additional requirements for hazardous waste facilities.
(a) An applicant for a permit for a hazardous waste facility shall satisfy the Department that:
(1) Any hazardous waste facility constructed or operated by the applicant, or any parent or subsidiary corporation if the applicant is a corporation, has been operated in accordance, with sound waste management practices and in substantial compliance with federal and state laws, regulations and rules; and
(2) The applicant, or any parent or subsidiary corporation if the applicant is a corporation, is financially qualified to operate the proposed hazardous waste facility.
(b) An applicant for a permit for a hazardous waste facility shall satisfy the Department that he has met the requirements of subsection (a) of this section before the Department is required to otherwise review the application. In order to continue to hold a permit under this Chapter, a permittee must remain financially qualified and must provide any information requested by the Department to demonstrate that he continues to be financially qualified.
(c) No permit for any new commercial hazardous waste treatment, storage, or disposal facility shall be issued or become effective, and no permit for a commercial hazardous waste treatment, storage, or disposal facility shall be modified until the applicant has satisfied the Department that such facility is needed to meet the current or projected hazardous waste management needs of this State or to comply with the terms of any interstate agreement for the management of hazardous waste to which the State is a party. The Commission shall adopt rules to implement this subsection.
(d) At least 120 days prior to submitting an application, an applicant for a permit for a new hazardous waste facility shall provide to the county in which the facility is located, to any municipality with planning jurisdiction over the site of the facility, and to all emergency response agencies that have a role under the contingency plan for the facility all of the following information:
(1) Information on the nature and type of operations to occur at the facility.
(2) Identification of the properties of the hazardous waste to be managed at the facility.
(3) A copy of the draft contingency plan for the facility that includes the proposed role for each local government and each emergency response agency that received information under this subsection.
(4) Information on the hazardous waste locations within the facility.
(e) Within 60 days of receiving the information, each
local government and emergency response agency that receives information under
subsection (d) of this section shall respond to the applicant in writing as to
the adequacy review of the applicant's contingency plan
and the availability and adequacy of its resources and equipment to respond that
the local government or emergency response agency will respond to an
emergency at the facility that results in a release of hazardous waste or
hazardous waste constituents into the environment to the best of the local
government or emergency response agency's ability with the resources and
equipment it has available according to the role set forth for the local
government or emergency response agency under the contingency plan.
(f) An applicant for a permit for a hazardous waste
facility shall include documentation that each local government and emergency
response agency received the information required under subsection (d) of this
section, the written responses the applicant received under subsection (e) of
this section, and verification by each that its resources and equipment are
available and adequateit is able to respond to an emergency at the
facility in accordance with its role as set forth in the contingency plan. If
the applicant does not receive a timely verification from a local government or
emergency response agency notified under subsection (d) of this section, the
Department shall verify the adequacy of resources and equipment for emergency
response during the course of review of the permit application, taking into
account any contracts entered into by the applicant for such emergency response
resources.
(g) At each two‑year interval after a permit for
a hazardous waste facility is issued, the permit holderDepartment
shall verify that the resources and equipment of each local government and
emergency response agency are available and adequate to respond to an emergency
at the facility in accordance with its role as set forth in the contingency plan.
plan and shall submit this verification to the Department. A
contingency plan verification under this subsection shall be available through
utilization of the UT‑Dallas E‑Plan reporting system."
SECTION 3. G.S. 130A‑295.01 reads as rewritten:
"§ 130A‑295.01. Additional requirement for commercial hazardous waste facilities.
(a) As used in this section:
(1) "Commercial hazardous waste facility" means any hazardous waste facility that accepts hazardous waste from the general public or from another person for a fee, but does not include any facility owned or operated by a generator of hazardous waste solely for his own use, and does not include any facility owned by the State or by any agency or subdivision thereof solely for the management of hazardous waste generated by agencies or subdivisions of the State.
(2) "New", when used in connection with "facility", refers to a planned or proposed facility, or a facility that has not been placed in operation, but does not include facilities that have commenced operations as of 22 June 1987, including facilities operated under interim status.
(3) "Modified", when used in connection with "permit", means any change in any permit in force on or after 22 June 1987 that would either expand the scope of permitted operations, or extend the expiration date of the permit, or otherwise constitute a Class 2 or Class 3 modification of the permit as defined in 40 Code of Federal Regulations § 270.41 (1 July 2006).
(4) "7Q10 conditions", when used in connection with "surface water," refers to the minimum average flow for a period of seven consecutive days that has an average occurrence of once in 10 years as referenced in 15 NCAC 2B.0206(a)(3) as adopted 1 February 1976.
(b) No permit for any new commercial hazardous waste facility shall be issued or become effective, and no permit for a commercial hazardous waste facility shall be modified, until the applicant has satisfied the Department that such facility meets, in addition to all other applicable requirements, the following requirements:
(1) The facility shall not discharge directly a hazardous or toxic substance into a surface water that is upstream from a public drinking water supply intake in North Carolina, unless there is a dilution factor of 1000 or greater at the point of discharge into the surface water under 7Q10 conditions.
(2) The facility shall not discharge indirectly through a publicly owned treatment works (POTW) a hazardous or toxic substance into a surface water that is upstream from a public drinking water supply intake in North Carolina, unless there is a dilution factor of 1000 or greater, irrespective of any dilution occurring in a wastewater treatment plant, at the point of discharge into the surface water under 7Q10 conditions.
(c) The Department shall not issue a permit for a commercial hazardous waste facility for a period of more than five years. A permit holder for a commercial hazardous waste facility who intends to apply for renewal of the permit shall submit an application for the renewal of the permit at least one year before the permit expires unless the Department approves a shorter period of time.
(d) The owner or operator of a commercial hazardous
waste facility shall maintain a record of information at an off‑site
location that identifies the generators of the waste and the quantity, type,
location, and hazards of the waste at the facility and shall make this information
available in a form and manner to be determined by the Department, accessible
made available to the Department, to the county in which the
facility is located, to any municipality with planning jurisdiction over the
site of the facility, and to emergency response agencies that have a role under
the contingency plan for the facility.facility in the event such
information is requested in response to a release of hazardous waste or
hazardous waste constituents into the environment.
(e) (1) Within 10 days of filing an application for a permit for a new commercial hazardous waste facility, the applicant shall notify every person who resides or owns property located within one‑fourth mile of any property boundary of the facility that the application has been filed. The notice shall be by mail to residents and by certified mail to property owners, or by any other means approved by the Department, shall be in a form approved by the Department, and shall include all of the following:
a. The location of the facility.
b. A description of the facility.
c. The hazardous and nonhazardous wastes that are to be received and processed at the facility.
d. A description of the emergency response plan for the facility.
(2) The permit holder for a commercial
hazardous waste facility shall publish a notice that includes the information
set out in subdivision (1) of this subsection annually beginning one year after
the permit is issued. The notice shall be published in a form and manner
approved by the Department in a newspaper of general circulation in the
community where the facility is located.
(3)(2) The permit holder for a commercial
hazardous waste facility shall provide the information set out in subdivision
(1) of this subsection by published newspaper notice for mail to the
persons described in subdivision (1) of this subsection at the midpoint of the
period for which the permit is issued. The notice shall be published in a
form and manner approved by the Department in a newspaper of general
circulation in the community where the facility is located.
(4)(3) Each commercial hazardous waste
facility applicant and permit holder shall provide documentation to demonstrate
to the Department that the requirements set out in subdivisions (1), (2),
and (3)(1) and (2) of this subsection have been met.
(f) No later than 31 January of each year, the
owner or operator of a commercial hazardous waste facility shall report to the
Department shall determine any increase or decrease in the number of
sensitive land uses and any increase or decrease in estimated population
density based on information provided by the local government that has planning
jurisdiction over the site on which the facility is located that occurred
during the previous calendar year in the area located within one‑fourth
mile of any property boundary of the facility. Changes shall be recorded in
the operating record of the facility. As used in this subsection, "sensitive
land use" includes residential housing, places of assembly, places of
worship, schools, day care providers, and hospitals. Sensitive land use does
not include retail businesses.
(g) The owner or operator of a commercial hazardous
waste facility shall provide a security and surveillance system at the facility
24 hours a day, seven days a week in order to continuously monitor site
conditions and to control entry. The security and surveillance system shall be capable
capable, to the extent technologically practicable, of promptly
detecting unauthorized access to the facility; monitoring conditions; identifying
operator errors; and detecting any discharge that could directly or
indirectly cause a fire, explosion, or release of hazardous waste or hazardous
waste constituents into the environment or threaten human health. The
requirements of this subsection may be satisfied either by employing trained
facility personnel or by providing an electronic security and surveillance
system which may include television, motion detectors, heat‑sensing
equipment, combustible gas monitors, or any combination of these, as approved
by the Department.
(h) The operator of a commercial hazardous waste facility shall install an on‑site wind monitor approved by the Department. The wind monitor required shall be located so that the real‑time wind direction can be determined from a remote location in the event of a release of hazardous waste or hazardous waste constituents into the environment."
SECTION 4. G.S. 130A‑295.02(j) reads as rewritten:
"(j) For purposes of this subsection, special
purpose commercial hazardous waste facilities include: a facility that manages
limited quantities of hazardous waste; a facility that limits its hazardous
waste management activities to reclamation or recycling, including energy or
materials recovery or a facility that stores hazardous waste primarily for use
at such facilities; or a facility that is determined to be low risk under rules
adopted by the Commission pursuant to this subsection. The Commission shall
adopt rules to determine whether a commercial hazardous waste facility is a
special purpose commercial hazardous waste facility and to establish
classifications of special purpose commercial hazardous waste facilities. The
rules to determine whether a commercial hazardous waste facility is a special
purpose commercial hazardous waste facility and to establish classifications of
special purpose commercial hazardous waste facilities shall be based on factors
including, but not limited to, the size of the facility, the type of treatment
or storage being performed, the nature and volume of waste being treated or
stored, the uniformity, similarity, or lack of diversity of the waste streams,
the predictability of the nature of the waste streams and their treatability,
whether the facility utilizes automated monitoring or safety devices that adequately
perform functions that would otherwise be performed by a resident inspector,
the fact that reclamation or recycling is being performed at the facility, and
the compliance history of the facility and its operator. Based on the
foregoing factors and any increase or decrease in the number of sensitive land
uses over time or in estimated population density over time reported pursuant
to G.S. 130A‑295.01(f), rules adopted pursuant to this subsection
shall establish times and frequencies for the presence of a resident inspector
on less than a full‑time basis at special purpose commercial hazardous
waste facilities and specify a minimum number of additional inspections at
special purpose hazardous waste facilities.
Special purpose commercial hazardous waste facilities that utilize hazardous waste as a fuel source shall be inspected a minimum of 40 hours per week, unless compliance data for these facilities can be electronically monitored and recorded off‑site by the Department. The Department, considering the benefits provided by electronic monitoring, shall determine the number of hours of on‑site inspection required at these facilities. The Department shall maintain records of all inspections at special purpose commercial hazardous waste facilities. Such records shall contain sufficient detail and shall be arranged in a readily understandable format so as to facilitate determination at any time as to whether the special purpose commercial hazardous waste facility is in compliance with the requirements of this subsection and of rules adopted pursuant to this subsection. Notwithstanding any other provision of this section, special purpose commercial hazardous waste facilities shall be subject to inspection at all times during which the facility is in operation, undergoing any maintenance or repair, or undergoing any test or calibration."
SECTION 5. G.S. 130A‑294(c)(8) reads as rewritten:
"(c) The Commission shall adopt and the Department shall enforce rules governing the management of hazardous waste. These rules shall establish a complete and integrated regulatory scheme in the area of hazardous waste management, implement this Part, and shall:
…
(8) Develop standards regarding location, design,
ownership and construction of hazardous waste facilities; provided, however,
that no hazardous waste disposal facility or polychlorinated biphenyl disposal
facility shall be located within 25 miles of any other hazardous waste disposal
facility or polychlorinated biphenyl disposal facility.facilities."
SECTION 6. This act is effective when it becomes law.
