NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION

CHAPTER 633
SENATE BILL 212

AN ACT TO AMEND ARTICLE 21 OF CHAPTER 143 IN ORDER TO PRESERVE DELEGATION TO THE STATE FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM GOVERNING DISCHARGES OF WASTEWATER TO THE WATERS OF THE STATE.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 143-213, as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended by adding a new subsection (27) as follows:
"The term 'waste treatment management practice' means any method, measure or practice to control plant site runoff, spillage or leaks, sludge or waste disposal and drainage from raw material storage which are associated with, or ancillary to the industrial manufacturing or treatment process of the class or category of point sources to which the management practice is applied. Waste treatment management practices may only be imposed, supplemental to effluent limitations, for a class or category of point sources, for any specific pollutant which has been designated as toxic or hazardous pursuant to Sections 307(a)(1) or 311 of the Federal Water Pollution Control Act."
Sec. 2.  G.S. 143-215(a), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended as follows:
(a)	by inserting after the word "limitations" in line 3 the words "and waste treatment management practices",
(b)	by inserting after the word "limitations" in line 4 the words "or management practices",
(c)	by inserting after the word "limitations" in line 5 the words "or management practices",
(d)	by inserting after the word "limitations" in line 6 a comma, followed by the words "management practices", and
(e)	by inserting after the word "limitations" in line 9 the words "or management practices".
Sec. 3.  G.S. 143-215(b), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended by inserting after the final sentence in line 7 the words: "The management practices developed and adopted by the Environmental Management Commission shall be promulgated in its official regulations as provided in G.S. 143‑215.3(a)(1) and shall prescribe practices necessary to be employed in order to prevent or reduce contribution of pollutants to the State's waters."
Sec. 4.  G.S. 143-215(c), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended as follows:
(a)	by inserting after the word "limitations" in line 1, the words "and management practices",
(b)	by inserting after the word "limitations" in line 5, the words "and management practices",
(c)	by inserting after the word "limitations" in line 7, the words "and management practices".
Sec. 5.  G.S. 143-215.1(a), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended as follows:
(a)	by inserting a new subsection to read:
"(9)	Dispose of sludge resulting from the operation of a treatment works, including the removal of inplace sewage sludge from one location and its deposit at another location, consistent with the requirement of the Resource Conservation and Recovery Act and regulations promulgated pursuant thereto."
(b)	by inserting a new subsection to read:
"(10)	Cause or permit any pollutant to enter into a defined managed area of the State's waters for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals."
Sec. 6.  All references in General Statutes Chapter 143, Article 21, Part 1 to the "Federal Water Pollution Control Act Amendments of 1972" shall be amended to read "Federal Water Pollution Control Act".
Sec. 7.  G.S. 143-215. 3(a), as the same appears in the 1978 Replacement Volume 3C of the General Statutes, is hereby amended by adding a new subsection to read as follows:
"(14)	To certify and approve, by appropriate delegations and conditions in permits required by G.S. 143-215.1, requests by publicly owned treatment works to implement, administer and enforce a pretreatment program for the control of pollutants which pass through or interfere with treatment processes in such treatment works; and to require such programs to be developed where necessary to comply with the Federal Water Pollution Control Act and the Resource Conservation and Recovery Act, including the addition of conditions and compliance schedules in permits required by G.S. 143-215.1. Pretreatment programs submitted by publicly owned treatment works shall include, at a minimum, the adoption of pretreatment standards, a permit or equally effective system for the control of pollutants contributed to the treatment works, and the ability to effectively enforce compliance with the program."
Sec. 8.  G.S. 143-215. 3(e), as the same appears in the 1978 Replacement Volume 3C of the General Statutes, is hereby amended by deleting the phrase, "but only after public hearing on due notice if it finds that:" and inserting in lieu thereof the phrase, "for fixed or indefinite periods after public hearing on due notice, or where it is found that circumstances so require, for a period not to exceed 90 days without prior hearing and notice. Prior to granting a variance hereunder, the Commission shall find that:" and by deleting the words "economically achievable" from subparagraph (2) and inserting in lieu thereof the phrase "found to be economically reasonable".
Sec. 9.  G.S. 143-215.6(a)(1), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended as follows:
(a)	by deleting the words "five thousand dollars ($5,000)" in line 1 and inserting instead the words "ten thousand dollars ($10,000)", and
(b)	by deleting the word "or" in line 4, and by inserting a comma after the word "standard" in line 4 and inserting the words "or management practice" after the word "limitation" and before the word "established" in line 4.
Sec. 10.  G.S. 143-215.6(a)(2), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended by deleting the words "five thousand dollars ($5,000)" in lines 3 and 4 and inserting instead the words "ten thousand dollars ($10,000)".
Sec. 11.  G.S. 143-215. 6(c), as it now appears in the 1978 Replacement Volume 3C of the General Statutes, is amended by inserting a comma after the word "Article" in line 3, followed by the words "any of the terms of any permit issued pursuant to this Article".
Sec. 12.  This act shall become effective July 1, 1979.
In the General Assembly read three times and ratified, this the 23rd day of May, 1979.