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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />General Assembly Of North Carolina <br />Session 2013 7 <br />PART L CLARIFY THAT EXTENDED - DURATION PERNHTS FOR SANITARY <br />LANDFILLS AND TRANSFER STATIONS AUTHORIZED BY S.L. 2012 -187 ARE <br />PERNHTS FOR OPERATION AS WELL AS CONSTRUCTION <br />SECTION 1. Section 15.1 of S.L. 2012 -187 reads as rewritten: <br />"SECTION 15.1. No later than July 1, 2013, the Commission for Public Health shall adopt <br />rules to allow applicants for sanitary landfills the option to (i) apply for a permit to construct <br />and operate a five -year phase of landfill development and apply to amend the permit to <br />construct and operate subsequent five -year phases of landfill development; or (ii) apply for a <br />permit to construct and operate a 10 -year phase of landfill development and apply to amend the <br />permit to construct and operate subsequent 10 -year phases of landfill development, with a <br />limited review of the permit five years after issuance of the initial permit and five years after <br />issuance of each amendment for subsequent phases of development. No later than July 1, 2013, <br />the Commission shall also adopt rules to allow applicants for permits for transfer stations the <br />option to (i) apply for a permit with a five -year duration to construct and operate a transfer <br />station; or (ii) apply for a permit with a 10 -year duration to construct and operate a transfer <br />station, with a limited review of the permit five years after issuance of the initial permit and <br />five years after issuance of any amendment to the permit. In developing these rules, the <br />Department of Environment and Natural Resources shall examine the current fee schedule for <br />permits for sanitary landfills and transfer stations as set forth under G.S. 130A -295.8 and <br />formulate recommendations for adjustments to the current fee schedule sufficient to address <br />any additional demands associated with review of permits issued for 10 -year phases of landfill <br />development and the issuance permits with a duration of up to 10 years for transfer stations. <br />The Department shall report its findings and recommendations, including any legislative <br />proposals, to the Environmental Review Commission on or before December 1, 2012. The rules <br />required by this section shall not become effective until the fee schedule set forth under <br />G.S. 130A -295.8 is amended as necessary to address any additional demands associated with <br />review of permits issued for 10 -year phases of landfill development and the issuance of permits <br />with a duration of up to 10 years to construct and operate transfer stations." <br />PART IL CLARIFY LOCAL GOVERNMENT AUTHORITY UNDER THE <br />SEDIMENTATION AND POLLUTION CONTROL ACT <br />SECTION 2. G.S. 113A -64 reads as rewritten: <br />"§ 113A -64. Penalties. <br />(a) Civil Penalties. — <br />(1) Any person who violates any of the provisions of this Article or any <br />ordinance, rule, or order adopted or issued pursuant to this Article by the <br />Commission or by a local government, or who initiates or continues a <br />land- disturbing activity for which an erosion and sedimentation control plan <br />is required except in accordance with the terms, conditions, and provisions <br />of an approved plan, is subject to a civil penalty. The maximum civil penalty <br />for a violation is five thousand dollars ($5,000). A civil penalty may be <br />assessed from the date of the violation. Each day of a continuing violation <br />shall constitute a separate violation. <br />(2) The Secretary or a local government that administers an erosion and <br />sedimentation control program approved under G.S. 113A-60 shall <br />determine the amount of the civil penalty and shall notify the person who is <br />assessed the civil penalty of the amount of the penalty and the reason for <br />assessing the penalty. The notice of assessment shall be served by any means <br />authorized under G.S. Dale -4, andG.S. IA-1. A notice of assessment <br />by the Secretary shall direct the violator to either pay the assessment or <br />contest the assessment within 30 days by filing a petition for a contested <br />Page 2 Senate Bill 112* -Third Edition <br />