Agenda - 09-04-2014-13 (7) - Laserfiche WebLink

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General Assembly Of North Carolina Session 2013 14 1 SECTION 10.(b) If the use of property on which a pond is located changes such 2 that the use no longer meets the criteria in subdivision (1) of subsection (a) of this section, the 3 Riparian Buffer Rules for the river basin or watershed in which the property is located shall 4 apply. 5 SECTION 10.(c) The Commission shall not adopt rules for the protection or 6 maintenance of riparian buffers that apply to ponds provided the ponds are constructed or used 7 for agriculture as that term is defined in G.S. 106 - 581.1. 8 SECTION 10.(d) Units of local government shall not adopt ordinances, 9 resolutions, plans, or policies for the protection or maintenance of riparian buffers that apply to 10 ponds provided the ponds are constructed or used for agriculture as that term is defined in 11 G.S. 106-581.1. 12 SECTION 10.(e) The Environmental Management Commission shall adopt rules 13 to amend the Neuse River Basin Riparian Buffer Rule, the Tar - Pamlico River Basin Riparian 14 Buffer Rule, the Jordan Water Supply Riparian Buffer Rule, the Randleman Lake Water 15 Supply Watershed Riparian Buffer Rule, the Catawba River Basin Riparian Buffer Rule, the 16 Goose Creek Watershed (Yadkin Pee -Dee River Basin) Riparian Buffer Rule, and any other 17 similar riparian buffer rules in accordance with subsections (a), (b), and (c) of this section. 18 Notwithstanding G.S. 150B- 19(4), the rule adopted by the Commission pursuant to this section 19 shall be substantively identical to the provisions of subsections (a), (b), and (c) of this section. 20 Rules adopted pursuant to this section are not subject to G.S. 15013-21.9 through 21 G.S. 15013- 21.14. Rules adopted pursuant to this section shall become effective as provided in 22 G.S. 150B- 21.3(bl) as though 10 or more written objections had been received as provided by 23 G.S. 150B-21.3(b2). 24 SECTION 10.(f) Section 10(a) of this act expires on the date that rules adopted 25 pursuant to Section 10(e) of this act become effective. 26 27 PART XI. PROVIDE FOR LOW -FLOW DESIGN ALTERNATIVES FOR 28 WASTEWATER SYSTEMS 29 SECTION 1L(a) 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design 30 Units). — Until the effective date of the revised permanent rule that the Commission is required 31 to adopt pursuant to Section 11(c) of this act, the Commission, the Department, and any other 32 political subdivision of the State shall implement 15A NCAC 18A .1949 (Sewage Flow Rates 33 for Design Units) as provided in Section 11(b) of this act. 34 SECTION 11.(b) Implementation. — Notwithstanding the Daily Flow for Design 35 rates listed in Table No. 1 of 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units), 36 a wastewater system shall be exempt from the Daily Flow for Design, and any other design 37 flow standards that are established by the Department of Health and Human Services or the 38 Commission for Public Health provided flow rates that are less than those listed in Table No. 1 39 of 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) can be achieved through 40 engineering design that utilizes low -flow fixtures and low -flow technologies and the design is 41 prepared, sealed, and signed by a professional engineer licensed pursuant to Chapter 89C of the 42 General Statutes. The Department and Commission may establish lower limits on reduced flow 43 rates as necessary to ensure wastewater system integrity and protect public health, safety, and 44 welfare. Proposed daily design flows for wastewater systems that are calculated to be less than 45 3,000 total gallons per day shall not require State review pursuant to 15A NCAC 18A .1938(e). 46 SECTION 11.(c) Additional Rule- Making Authority. — The Commission shall 47 adopt a rule to amend 15A NCAC 18A .1949(b) (Sewage Flow Rates for Design Units) 48 consistent with Section 11(b) of this act. Notwithstanding G.S. 15013- 19(4), the rule adopted by 49 the Commission pursuant to this section shall be substantively identical to the provisions of 50 Section 11(b) of this act. Rules adopted pursuant to this section are not subject to 51 G.S. 15013-21.8 through G.S. 15013- 21.14. Rules adopted pursuant to this section shall become Senate Bill 112* -Third Edition Page 9