GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

SENATE BILL 729

RATIFIED BILL

*S729-v-2*

AN ACT TO (1) PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL 

DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE 

IMPOUNDMENTS; (2) ESTABLISH A MORATORIUM ON CERTAIN RATE CASES; 

(3) CREATE THE COAL ASH MANAGEMENT COMMISSION TO REVIEW AND 

APPROVE COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS 

CLASSIFICATIONS AND CLOSURE PLANS AND OTHERWISE STUDY AND 

MAKE RECOMMENDATIONS ON LAWS GOVERNING MANAGEMENT OF COAL 

COMBUSTION RESIDUALS; (4) REQUIRE EXPEDITED REVIEW BY THE 

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OF ANY 

PERMIT NECESSARY TO CONDUCT ACTIVITIES REQUIRED BY THIS ACT; (5) 

ESTABLISH VARIOUS REPORTING REQUIREMENTS TO THE GENERAL 

ASSEMBLY, INCLUDING A QUARTERLY REPORT FROM THE DEPARTMENT OF 

ENVIRONMENT AND NATURAL RESOURCES ON ITS OPERATIONS, 

ACTIVITIES, PROGRAMS, AND PROGRESS WITH RESPECT TO ITS 

OBLIGATIONS UNDER THIS ACT FOR COAL COMBUSTION RESIDUALS 

SURFACE IMPOUNDMENTS; (6) PROHIBIT LOCAL GOVERNMENT REGULATION 

OF MANAGEMENT OF COAL COMBUSTION RESIDUALS OR COAL 

COMBUSTION PRODUCTS; (7) PROHIBIT CONSTRUCTION OF NEW OR 

EXPANSION OF EXISTING COAL COMBUSTION RESIDUALS SURFACE 

IMPOUNDMENTS EFFECTIVE OCTOBER 1, 2014; (8) PROHIBIT THE DISPOSAL 

OF COAL COMBUSTION RESIDUALS INTO COAL COMBUSTION RESIDUALS 

SURFACE IMPOUNDMENTS AT COAL-FIRED GENERATING UNITS THAT ARE

NO LONGER PRODUCING COAL COMBUSTION RESIDUALS EFFECTIVE 

OCTOBER 1, 2014; (9) PROHIBIT DISPOSAL OF STORMWATER TO COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS EFFECTIVE DECEMBER 

31, 2018; (10) REQUIRE ALL ELECTRIC GENERATING FACILITIES TO CONVERT 

TO GENERATION OF DRY FLY ASH ON OR BEFORE DECEMBER 31, 2017, AND 

DRY BOTTOM ASH ON OR BEFORE DECEMBER 31, 2020, OR RETIRE; (11) 

REQUIRE THE ASSESSMENT OF GROUNDWATER AT COAL COMBUSTION 

RESIDUALS SURFACE IMPOUNDMENTS; (12) REQUIRE CORRECTIVE ACTION 

FOR THE RESTORATION OF GROUNDWATER QUALITY AT COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (13) REQUIRE A 

SURVEY OF DRINKING WATER SUPPLY WELLS AND REPLACEMENT OF 

CONTAMINATED WATER SUPPLIES; (14) REQUIRE THE IDENTIFICATION, 

ASSESSMENT, AND CORRECTION OF UNPERMITTED DISCHARGES FROM 

COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (15) REQUIRE

THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO, AS 

SOON AS PRACTICABLE, BUT NO LATER THAN DECEMBER 31, 2015, 

PRIORITIZE FOR THE PURPOSE OF CLOSURE AND REMEDIATION COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS, INCLUDING ACTIVE 

AND RETIRED SITES, BASED ON THESE SITES' RISKS TO PUBLIC HEALTH, 

SAFETY, AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES; 

(16) REQUIRE OWNERS OF COAL COMBUSTION RESIDUALS SURFACE 

IMPOUNDMENTS TO SUBMIT A PROPOSED PLAN FOR CLOSURE OF ALL 

IMPOUNDMENTS TO THE DEPARTMENT OF ENVIRONMENT AND NATURAL 

RESOURCES; (17) REQUIRE CLOSURE AND REMEDIATION OF CERTAIN COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS AS SOON AS 

PRACTICABLE, BUT NO LATER THAN AUGUST 1, 2019; (18) REQUIRE THE 
Page 2 S729 [Ratified]

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO ESTABLISH

A SCHEDULE AND PROCESS FOR CLOSURE AND REMEDIATION OF ALL COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS BASED UPON THE 

DEPARTMENT'S RISK ASSESSMENT OF THESE SITES, BASELINE 

REQUIREMENTS SET BY THE GENERAL ASSEMBLY, EVALUATION OF 

PROPOSED CLOSURE PLANS SUBMITTED BY IMPOUNDMENT OWNERS, AND 

INPUT FROM THE PUBLIC AND OTHER STAKEHOLDERS; (19) ESTABLISH

MINIMUM STATUTORY REQUIREMENTS FOR STRUCTURAL FILL PROJECTS 

USING COAL COMBUSTION PRODUCTS AND REQUIRE THE DEPARTMENT OF 

ENVIRONMENT AND NATURAL RESOURCES TO INVENTORY AND INSPECT 

CERTAIN STRUCTURAL FILL PROJECTS; (20) PLACE A MORATORIUM ON

CERTAIN PROJECTS USING COAL COMBUSTION PRODUCTS AS STRUCTURAL 

FILL UNTIL AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF 

ENVIRONMENT AND NATURAL RESOURCES AND THE ENVIRONMENTAL 

MANAGEMENT COMMISSION TO STUDY THE ADEQUACY OF CURRENT LAW 

GOVERNING USE OF COAL COMBUSTION PRODUCTS AS STRUCTURAL FILL

AND FOR BENEFICIAL USE; (21) PLACE A MORATORIUM ON THE EXPANSION 

AND CONSTRUCTION OF COAL COMBUSTION RESIDUALS LANDFILLS UNTIL 

AUGUST 1, 2015, AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND

NATURAL RESOURCES TO ASSESS THE RISKS TO PUBLIC HEALTH, SAFETY,

AND WELFARE, THE ENVIRONMENT, AND NATURAL RESOURCES OF COAL 

COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS LOCATED BENEATH 

THESE LANDFILLS TO DETERMINE THE ADVISABILITY OF CONTINUED 

OPERATION OF THESE LANDFILLS; (22) STRENGTHEN THE REPORTING AND 

NOTIFICATION REQUIREMENTS APPLICABLE TO DISCHARGES OF 

WASTEWATER TO WATERS OF THE STATE; (23) REQUIRE CERTAIN 

EMERGENCY CALLS TO BE RECORDED; (24) REQUIRE DEVELOPMENT OF 

EMERGENCY ACTION PLANS FOR HIGH AND INTERMEDIATE HAZARD DAMS

AND AMEND OTHER DAM SAFETY LAW REQUIREMENTS APPLICABLE TO 

COAL COMBUSTION RESIDUALS SURFACE IMPOUNDMENTS; (25) TRANSFER 

SOLID WASTE RULE-MAKING AUTHORITY FROM COMMISSION FOR PUBLIC 

HEALTH TO ENVIRONMENTAL MANAGEMENT COMMISSION; (26) AMEND 

COMPLIANCE BOUNDARY PROVISIONS; (27) PROVIDE FOR VARIOUS STUDIES; 

(28) REQUIRE THE STATE CONSTRUCTION OFFICE AND THE DEPARTMENT OF 

TRANSPORTATION TO DEVELOP TECHNICAL SPECIFICATIONS FOR USE OF 

COAL COMBUSTION PRODUCTS; AND (29) PROVIDE RESOURCES FOR 

IMPLEMENTATION OF THIS ACT.

The General Assembly of North Carolina enacts:

PART I. PROHIBIT RECOVERY OF COSTS RELATED TO UNLAWFUL 

DISCHARGES FROM COAL COMBUSTION RESIDUALS SURFACE 

IMPOUNDMENTS; MORATORIUM ON RATE CASES

SECTION 1.(a) Article 7 of Chapter 62 of the General Statutes is amended by 

adding a new section to read:

"§ 62-133.13. Recovery of costs related to unlawful discharges from coal combustion 

residuals surface impoundments to the surface waters of the State.

The Commission shall not allow an electric public utility to recover from the retail electric 

customers of the State costs resulting from an unlawful discharge to the surface waters of the 

State from a coal combustion residuals surface impoundment, unless the Commission 

determines the discharge was due to an event of force majeure. For the purposes of this section,

"coal combustion residuals surface impoundments" has the same meaning as in 

G.S. 130A-309.201. For the purposes of this section, "unlawful discharge" means a discharge 

that results in a violation of State or federal surface water quality standards."

SECTION 1.(b) Section 1(a) of this act is effective when it becomes law and 

applies to discharges occurring on or after January 1, 2014.

SECTION 2.(a) Moratorium on Cost Recovery. – The Utilities Commission shall 

not issue an order authorizing an electric public utility the recovery of any costs related to coal 
S729 [Ratified] Page 3

combustion residuals surface impoundments that were not included in the utility's cost of 

service approved in its most recent general rate case until the end of the moratorium provided 

in this section. Nothing in this section prohibits the utility from seeking, nor prohibits the 

Commission from authorizing under its existing authority, a deferral for costs related to coal 

ash combustion residual surface impoundments. The moratorium established under this section 

shall not apply to the net recovery of any fuel and fuel-related costs under G.S. 62-133.2. For 

the purposes of this section, "coal combustion residuals surface impoundments" has the same 

meaning as in G.S. 130A-309.201. The moratorium in this section shall end January 15, 2015.

SECTION 2.(b) Purpose of Moratorium. – The purpose of the moratorium is to 

allow the State to study the disposition of coal combustion residuals surface impoundments, 

including any final rules adopted by the United States Environmental Protection Agency on the 

regulation of coal combustion residuals.

PART II. PROVISIONS FOR COMPREHENSIVE MANAGEMENT OF COAL 

COMBUSTION RESIDUALS

SECTION 3.(a) Article 9 of Chapter 130A of the General Statutes is amended by 

adding a new Part to read:

"Part 2I. Coal Ash Management.

"Subpart 1. Short Title, Definitions, and General Provisions.

"§ 130A-309.200. Title.

This Part may be cited as the "Coal Ash Management Act of 2014."

"§ 130A-309.201. Definitions.

Unless a different meaning is required by the context, the definitions of G.S. 130A-290 and 

the following definitions apply throughout this Part:

(1) "Beneficial and beneficial use" means projects promoting public health and 

environmental protection, offering equivalent success relative to other 

alternatives, and preserving natural resources.

(2) "Boiler slag" means the molten bottom ash collected at the base of slag tap 

and cyclone type furnaces that is quenched with water. It is made up of hard, 

black, angular particles that have a smooth, glassy appearance.

(3) "Bottom ash" means the agglomerated, angular ash particles formed in 

pulverized coal furnaces that are too large to be carried in the flue gases and 

collect on the furnace walls or fall through open grates to an ash hopper at 

the bottom of the furnace.

(4) "Coal combustion products" means fly ash, bottom ash, boiler slag, or flue 

gas desulfurization materials that are beneficially used, including use for 

structural fill.

(5) "Coal combustion residuals" has the same meaning as defined in 

G.S. 130A-290.

(6) "Coal combustion residuals surface impoundment" means a topographic 

depression, excavation, or diked area that is (i) primarily formed from 

earthen materials; (ii) without a base liner approved for use by Article 9 of 

Chapter 130A of the General Statutes or rules adopted thereunder for a 

combustion products landfill or coal combustion residuals landfill, industrial 

landfill, or municipal solid waste landfill; and (iii) designed to hold 

accumulated coal combustion residuals in the form of liquid wastes, wastes 

containing free liquids, or sludges, and that is not backfilled or otherwise 

covered during periods of deposition. "Coal combustion residuals surface 

impoundment" shall only include impoundments owned by a public utility, 

as defined in G.S. 62-3. "Coal combustion residuals surface impoundment"

includes all of the following:

a. An impoundment that is dry due to the deposited liquid having 

evaporated, volatilized, or leached.

b. An impoundment that is wet with exposed liquid.

c. Lagoons, ponds, aeration pits, settling ponds, tailings ponds, and 

sludge pits, when these structures are designed to hold accumulated 

coal combustion residuals.
Page 4 S729 [Ratified]

d. A coal combustion residuals surface impoundment that has been 

covered with soil or other material after the final deposition of coal 

combustion residuals at the impoundment.

(7) "Commission" means the Environmental Management Commission.

(8) "Fly ash" means the very fine, powdery material, composed mostly of silica 

with nearly all particles spherical in shape, which is a product of burning 

finely ground coal in a boiler to produce electricity and is removed from the 

plant exhaust gases by air emission control devices.

(9) "Flue gas desulfurization material" means the material produced through a 

process used to reduce sulfur dioxide emissions from the exhaust gas system 

of a coal-fired boiler. The physical nature of these materials varies from a 

wet sludge to a dry powdered material, depending on the process, and their 

composition comprises either sulfites, sulfates, or a mixture thereof.

(10) "Minerals" means soil, clay, coal, phosphate, metallic ore, and any other 

solid material or substance of commercial value found in natural deposits on 

or in the earth.

(11) "Open pit mine" means an excavation made at the surface of the ground for 

the purpose of extracting minerals, inorganic and organic, from their natural 

deposits, which excavation is open to the surface.

(12) "Owner" or "owner of a coal combustion residuals surface impoundment"

means a public utility, as defined in G.S. 62-3, that owns a coal combustion 

residuals surface impoundment.

(13) "Receptor" means any human, plant, animal, or structure which is, or has the 

potential to be, affected by the release or migration of contaminants. Any 

well constructed for the purpose of monitoring groundwater and contaminant 

concentrations shall not be considered a receptor.

(14) "Structural fill" means an engineered fill with a projected beneficial end use 

constructed using coal combustion products that are properly placed and 

compacted. For purposes of this Part, the term includes fill used to reclaim 

open pit mines and for embankments, greenscapes, foundations, construction 

foundations, and for bases or sub-bases under a structure or a footprint of a 

paved road, parking lot, sidewalk, walkway, or similar structure.

(15) "Use or reuse of coal combustion products" means the procedure whereby 

coal combustion products are directly used as either of the following:

a. As an ingredient in an industrial process to make a product, unless 

distinct components of the coal combustion products are recovered as 

separate end products.

b. In a function or application as an effective substitute for a 

commercial product or natural resource.

"§ 130A-309.202. Coal Ash Management Commission.

(a) Creation. – In recognition of the complexity and magnitude of the issues associated 

with the management of coal combustion residuals and the proper closure and remediation of 

coal combustion residuals surface impoundments, the Coal Ash Management Commission is 

hereby established.

(b) Membership. – The Commission shall consist of nine members as follows:

(1) One appointed by the General Assembly upon recommendation of the 

President Pro Tempore of the Senate in accordance with G.S. 120-121 who 

shall at the time of appointment be a resident of the State.

(2) One appointed by the General Assembly upon recommendation of the 

President Pro Tempore of the Senate in accordance with G.S. 120-121 who 

shall at the time of appointment have special training or scientific expertise 

in waste management, including solid waste disposal, hauling, or beneficial 

use.

(3) One appointed by the General Assembly upon recommendation of the 

President Pro Tempore of the Senate in accordance with G.S. 120-121 who 

shall at the time of appointment be a licensed physician or a person with 

experience in public health.

(4) One appointed by the General Assembly upon recommendation of the 

Speaker of the House of Representatives in accordance with G.S. 120-121 
S729 [Ratified] Page 5

who shall at the time of appointment be a member of a nongovernmental 

conservation interest.

(5) One appointed by the General Assembly upon recommendation of the 

Speaker of the House of Representatives in accordance with G.S. 120-121 

who shall at the time of appointment have special training or scientific 

expertise in waste management, including solid waste disposal, hauling, or 

beneficial use, or is a representative of or on the faculty of a State college or 

university that conducts coal ash research.

(6) One appointed by the General Assembly upon recommendation of the 

Speaker of the House of Representatives in accordance with G.S. 120-121

who shall at the time of appointment be a representative of an electric 

membership corporation organized under Article 2 of Chapter 117 of the 

General Statutes and have a background in power supply resource planning 

and engineering.

(7) One appointed by the Governor who shall at the time of appointment have

experience in economic development.

(8) One appointed by the Governor who shall at the time of appointment have 

expertise in determining and evaluating the costs associated with electricity 

generation and establishing the rates associated with electricity consumption.

(9) One appointed by the Governor who shall at the time of appointment be a 

person with experience in science or engineering in the manufacturing 

sector.

(c) Chair. – The Governor shall appoint the Chair of the Commission from among the 

Commission's members, and that person shall serve at the pleasure of the Governor. The Chair 

shall serve two-year terms. The Governor shall make:

(1) The initial appointment of the Chair no later than October 1, 2014. If the 

initial appointment is not made by that date, the Chair shall be elected by a

vote of the membership; and

(2) Appointments of a subsequent Chair, including appointments to fill a 

vacancy of the Chair created by resignation, dismissal, death, or disability of 

the Chair, no later than 30 days after the last day of the previous Chair's 

term. If an appointment of a subsequent Chair is not made by that date, the 

Chair shall be elected by a vote of the membership.

(d) Vacancies. – Any appointment to fill a vacancy on the Commission created by the 

resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired 

term. The Governor may reappoint a gubernatorial appointee of the Commission to an 

additional term if, at the time of the reappointment, the member qualifies for membership on 

the Commission under subdivisions (7) through (9) of subsection (b) of this section. 

Appointments by the General Assembly shall be made in accordance with G.S. 120-121, and 

vacancies in those appointments shall be filled in accordance with G.S. 120-122.

(e) Removal. – The Governor shall have the power to remove any member of the 

Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the 

provisions of G.S. 143B-13 of the Executive Organization Act of 1973.

(f) Powers and Duties. – The Commission shall have all of the following powers and 

duties:

(1) To review and approve the classification of coal combustion residuals 

surface impoundments required by G.S. 130A-309.211.

(2) To review and approve Coal Combustion Residuals Surface Impoundment 

Closure Plans as provided in G.S. 130A-309.212.

(3) To review and make recommendations on the provisions of this Part and 

other statutes and rules related to the management of coal combustion 

residuals.

(4) To undertake any additional studies as requested by the General Assembly.

(g) Reimbursement. – The members of the Commission shall receive per diem and 

necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5.

(h) Quorum. – Five members of the Commission shall constitute a quorum for the 

transaction of business.

(i) Staff. – The Commission is authorized and empowered to employ staff as the 

Commission may determine to be necessary for the proper discharge of the Commission's 
Page 6 S729 [Ratified]

duties and responsibilities. The Chair of the Commission shall organize and direct the work of 

the Commission staff. The salaries and compensation of all such personnel shall be fixed in the 

manner provided by law for fixing and regulating salaries and compensation by other State 

agencies. The Chair, within allowed budgetary limits and as allowed by law, shall authorize 

and approve travel, subsistence, and related expenses of such personnel incurred while 

traveling on official business. All State agencies, including the constituent institutions of The 

University of North Carolina, shall provide information and support to the Commission upon 

request.

(j) Conflicts of Interest; Disclosure. – The Governor shall require adequate disclosure 

of potential conflicts of interest by members. The Governor, by executive order, shall 

promulgate criteria regarding conflicts of interest and disclosure thereof for determining the 

eligibility of persons under this subsection, giving due regard to the requirements of federal 

legislation and, for this purpose, may promulgate rules, regulations, or guidelines in 

conformance with those established by any federal agency interpreting and applying provisions 

of federal law.

(k) Covered Persons. – All members of the Commission are covered persons for the 

purposes of Chapter 138A of the General Statutes, the State Government Ethics Act. As 

covered persons, members of the Commission shall comply with the applicable requirements of 

the State Government Ethics Act, including mandatory training, the public disclosure of 

economic interests, and ethical standards for covered persons. Members of the Commission 

shall comply with the provisions of the State Government Ethics Act to avoid conflicts of 

interest.

(l) Meetings. – The Commission shall meet at least once every two months and may 

hold special meetings at any time and place within the State at the call of the Chair or upon the 

written request of at least five members.

(m) Reports. – The Commission shall submit quarterly written reports as to its operation, 

activities, programs, and progress to the Environmental Review Commission. The Commission 

shall supplement the written reports required by this subsection with additional written and oral 

reports as may be requested by the Environmental Review Commission. The Commission shall 

submit the written reports required by this subsection whether or not the General Assembly is 

in session at the time the report is due.

(n) Administrative Location; Independence. – The Commission shall be 

administratively located in the Division of Emergency Management of the Department of 

Public Safety. The Commission shall exercise all of its powers and duties independently and 

shall not be subject to the supervision, direction, or control of the Division or Department.

(o) Terms of Members. – Members of the Commission shall serve terms of six years, 

beginning effective July 1 of the year of appointment.

"§ 130A-309.203. Expedited permit review.

(a) The Department shall act as expeditiously as practicable, but no later than the 

deadlines established under subsection (b) of this section, except in compliance with subsection 

(c) of this section, to issue all permits necessary to conduct activities required by this Part.

(b) Notwithstanding G.S. 130A-295.8(e), the Department shall determine whether an 

application for any permit necessary to conduct activities required by this Part is complete 

within 30 days after the Department receives the application for the permit. A determination of 

completeness means that the application includes all required components but does not mean 

that the required components provide all of the information that is required for the Department 

to make a decision on the application. If the Department determines that an application is not 

complete, the Department shall notify the applicant of the components needed to complete the 

application. An applicant may submit additional information to the Department to cure the 

deficiencies in the application. The Department shall make a final determination as to whether 

the application is complete within the later of (i) 30 days after the Department receives the 

application for the permit less the number of days that the applicant uses to provide the 

additional information or (ii) 10 days after the Department receives the additional information 

from the applicant. The Department shall issue a draft permit decision on an application for a 

permit within 90 days after the Department determines that the application is complete. The 

Department shall hold a public hearing and accept written comment on the draft permit 

decision for a period of not less than 30 or more than 60 days after the Department issues a 

draft permit decision. The Department shall issue a final permit decision on an application for a 

permit within 60 days after the comment period on the draft permit decision closes. If the 
S729 [Ratified] Page 7

Department fails to act within any time period set out in this subsection, the applicant may treat 

the failure to act as a denial of the permit and may challenge the denial as provided in Chapter 

150B of the General Statutes.

(c) If the Department finds that compliance with the deadlines established under 

subsection (b) of this section would result in insufficient review of a permit application that 

would pose a risk to public health, safety, and welfare; the environment; or natural resources, 

the applicable deadline shall be waived for the application as necessary to allow for adequate 

review. If a deadline is waived pursuant to this subsection, the Secretary shall issue a written 

declaration, including findings of fact, documenting the need for the waiver.

(d) Notwithstanding any other provision of this section or any other provision of law, 

the Department shall either issue or deny a permit required for dewatering of a retired 

impoundment within 90 days of receipt of a completed application, in such a form and 

including such information as the Department may prescribe, for the dewatering activities. The 

Department shall accept written comment on a draft permit decision for a period of not less 

than 30 days or more than 60 days prior to issuance or denial of such a permit. If the 

Department fails to act within any time period set out in this subsection, the applicant may treat 

the failure to act as a denial of the permit and may challenge the denial as provided in Chapter 

150B of the General Statutes.

"§ 130A-309.204. Reports.

(a) The Department shall submit quarterly written reports to the Environmental Review 

Commission and the Coal Ash Management Commission on its operations, activities, 

programs, and progress with respect to its obligations under this Part concerning all coal 

combustion residuals surface impoundments. At a minimum, the report shall include 

information concerning the status of assessment, corrective action, prioritization, and closure 

for each coal combustion residuals surface impoundment and information on costs connected 

therewith. The report shall include an executive summary of each annual Groundwater 

Protection and Restoration Report submitted to the Department by the operator of any coal 

combustion residuals surface impoundments pursuant to G.S. 130A-309.209(d) and a summary 

of all groundwater sampling, protection, and restoration activities related to the impoundment 

for the preceding year. The report shall also include an executive summary of each annual 

Surface Water Protection and Restoration Report submitted to the Department by the operator 

of any coal combustion residuals surface impoundments pursuant to G.S. 130A-309.210(e) and

a summary of all surface water sampling, protection, and restoration activities related to the 

impoundment for the preceding year, including the status of the identification, assessment, and 

correction of unpermitted discharges from coal combustion residuals surface impoundments to 

the surface waters of the State. The Department shall supplement the written reports required 

by this subsection with additional written and oral reports as may be requested by the 

Environmental Review Commission. The Department shall submit the written reports required 

by this subsection whether or not the General Assembly is in session at the time the report is 

due.

(b) On or before October 1 of each year, the Department shall report to each member of 

the General Assembly who has a coal combustion residuals surface impoundment in the 

member's district. This report shall include the location of each impoundment in the member's 

district, the amount of coal combustion residuals known or believed to be located in the 

impoundment, the last action taken at the impoundment, and the date of that last action.

(c) On or before October 1 of each year, a public utility generating coal combustion 

residuals and coal combustion products shall submit an annual summary to the Department. 

The annual summary shall be for the period of July 1 through June 30 and shall include all of 

the following:

(1) The volume of coal combustion residuals and products produced.

(2) The volume of coal combustion residuals disposed.

(3) The volume of coal combustion products used in structural fill projects.

(4) The volume of coal combustion products beneficially used, other than for 

structural fill.

"§ 130A-309.205. Local ordinances regulating management of coal combustion residuals 

and coal combustion products invalid; petition to preempt local ordinance.

(a) It is the intent of the General Assembly to maintain a uniform system for the 

management of coal combustion residuals and coal combustion products, including matters of 

disposal and beneficial use, and to place limitations upon the exercise by all units of local 
Page 8 S729 [Ratified]

government in North Carolina of the power to regulate the management of coal combustion 

residuals and coal combustion products by means of ordinances, property restrictions, zoning 

regulations, or otherwise. Notwithstanding any authority granted to counties, municipalities, or 

other local authorities to adopt local ordinances, including those imposing taxes, fees, or 

charges or regulating health, environment, or land use, all provisions of local ordinances, 

including those regulating land use, adopted by counties, municipalities, or other local 

authorities that regulate or have the effect of regulating the management of coal combustion 

residuals and coal combustion products, including regulation of carbon burn-out plants, within 

the jurisdiction of a local government are invalidated, to the extent necessary to effectuate the 

purposes of this Part, that do the following:

(1) Place any restriction or condition not placed by this Part upon management 

of coal combustion residuals or coal combustion products within any county, 

city, or other political subdivision.

(2) Conflict or are in any manner inconsistent with the provisions of this Part.

(b) If a local zoning or land-use ordinance imposes requirements, restrictions, or 

conditions that are generally applicable to development, including, but not limited to, setback, 

buffer, and stormwater requirements, and coal combustion residuals and coal combustion 

products would be regulated under the ordinance of general applicability, the operator of the 

proposed activities may petition the Environmental Management Commission to review the 

matter. After receipt of a petition, the Commission shall hold a hearing in accordance with the 

procedures in subsection (c) of this section and shall determine whether or to what extent to 

preempt the local ordinance to allow for the management of coal combustion residuals and coal 

combustion products.

(c) When a petition described in subsection (b) of this section has been filed with the 

Environmental Management Commission, the Commission shall hold a public hearing to 

consider the petition. The public hearing shall be held in the affected locality within 60 days 

after receipt of the petition by the Commission. The Commission shall give notice of the public 

hearing by both of the following means:

(1) Publication in a newspaper or newspapers having general circulation in the 

county or counties where the activities are to be conducted, once a week for 

three consecutive weeks, the first notice appearing at least 30 days prior to 

the scheduled date of the hearing.

(2) First-class mail to persons who have requested notice. The Commission shall 

maintain a mailing list of persons who request notice in advance of the 

hearing pursuant to this section. Notice by mail shall be complete upon 

deposit of a copy of the notice in a postage-paid wrapper addressed to the 

person to be notified at the address that appears on the mailing list 

maintained by the Commission in a post office or official depository under 

the exclusive care and custody of the United States Postal Service.

(d) Any interested person may appear before the Environmental Management 

Commission at the hearing to offer testimony. In addition to testimony before the Commission, 

any interested person may submit written evidence to the Commission for the Commission's 

consideration. At least 20 days shall be allowed for receipt of written comment following the 

hearing.

(e) A local zoning or land-use ordinance is presumed to be valid and enforceable to the 

extent the zoning or land-use ordinance imposes requirements, restrictions, or conditions that 

are generally applicable to development, including, but not limited to, setback, buffer, and 

stormwater requirements, unless the Environmental Management Commission makes a finding 

of fact to the contrary. The Commission shall determine whether or to what extent to preempt 

local ordinances so as to allow the project involving management of coal combustion residuals 

and coal combustion products no later than 60 days after conclusion of the hearing. The 

Commission shall preempt a local ordinance only if the Commission makes all of the following 

findings:

(1) That there is a local ordinance that would regulate the management of coal 

combustion residuals and coal combustion products.

(2) That all legally required State and federal permits or approvals have been 

issued by the appropriate State and federal agencies or that all State and 

federal permit requirements have been satisfied and that the permits or 

approvals have been denied or withheld only because of the local ordinance.
S729 [Ratified] Page 9

(3) That local citizens and elected officials have had adequate opportunity to 

participate in the permitting process.

(4) That the project involving management of coal combustion residuals and 

coal combustion products will not pose an unreasonable health or 

environmental risk to the surrounding locality and that the operator has taken 

or consented to take reasonable measures to avoid or manage foreseeable 

risks and to comply to the maximum feasible extent with applicable local 

ordinances.

(f) If the Environmental Management Commission does not make all of the findings 

under subsection (e) of this section, the Commission shall not preempt the challenged local 

ordinance. The Commission's decision shall be in writing and shall identify the evidence 

submitted to the Commission plus any additional evidence used in arriving at the decision.

(g) The decision of the Environmental Management Commission shall be final, unless a 

party to the action files a written appeal under Article 3 of Chapter 150B of the General 

Statutes, as modified by this section, within 30 days of the date of the decision. The record on 

appeal shall consist of all materials and information submitted to or considered by the 

Commission, the Commission's written decision, a complete transcript of the hearing, the 

specific findings required by subsection (e) of this section, and any minority positions on the 

specific findings required by subsection (e) of this section. The scope of judicial review shall be 

as set forth in G.S. 150B-51, except as this subsection provides regarding the record on appeal.

(h) If the court reverses or modifies the decision of the Environmental Management 

Commission, the judge shall set out in writing, which writing shall become part of the record, 

the reasons for the reversal or modification.

(i) In computing any period of time prescribed or allowed by the procedure in this 

section, the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1, shall apply.

"§ 130A-309.206. Federal preemption; severability.

The provisions of this Part shall be severable, and if any phrase, clause, sentence, or 

provision is declared to be unconstitutional or otherwise invalid or is preempted by federal law 

or regulation, the validity of the remainder of this Part shall not be affected thereby.

"§ 130A-309.207. General rule making for Part.

The Environmental Management Commission shall adopt rules as necessary to implement 

the provisions of the Part. Such rules shall be exempt from the requirements of G.S. 150B-19.3.

"Subpart 2. Management of Coal Ash Residuals; Closure of Coal Ash Impoundments.

"§ 130A-309.208. Generation, disposal, and use of coal combustion residuals.

(a) On or after October 1, 2014, the construction of new and expansion of existing coal 

combustion residuals surface impoundments is prohibited.

(b) On or after October 1, 2014, the disposal of coal combustion residuals into a coal 

combustion residuals surface impoundment at an electric generating facility where the 

coal-fired generating units are no longer producing coal combustion residuals is prohibited.

(c) On or after December 31, 2018, the discharge of stormwater into a coal combustion 

surface impoundment at an electric generating facility where the coal-fired generating units are 

no longer producing coal combustion residuals is prohibited.

(d) On or after December 31, 2019, the discharge of stormwater into a coal combustion 

surface impoundment at an electric generating facility where the coal-fired generating units are 

actively producing coal combustion residuals is prohibited.

(e) On or before December 31, 2018, all electric generating facilities owned by a public 

utility shall convert to the disposal of "dry" fly ash or the facility shall be retired. For purposes 

of this subsection, the term "dry" means coal combustion residuals that are not in the form of 

liquid wastes, wastes containing free liquids, or sludges.

(f) On or before December 31, 2019, all electric generating facilities owned by a public 

utility shall convert to the disposal of "dry" bottom ash or the facility shall be retired. For 

purposes of this subsection, the term "dry" means coal combustion residuals that are not in the 

form of liquid wastes, wastes containing free liquids, or sludges.

"§ 130A-309.209. Groundwater assessment and corrective action; drinking water supply 

well survey and provision of alternate water supply; reporting.

(a) Groundwater Assessment of Coal Combustion Residuals Surface Impoundments. –

The owner of a coal combustion residuals surface impoundment shall conduct groundwater 

monitoring and assessment as provided in this subsection. The requirements for groundwater 

monitoring and assessment set out in this subsection are in addition to any other groundwater 
Page 10 S729 [Ratified]

monitoring and assessment requirements applicable to the owners of coal combustion residuals 

surface impoundments.

(1) No later than December 31, 2014, the owner of a coal combustion residuals 

surface impoundment shall submit a proposed Groundwater Assessment 

Plan for the impoundment to the Department for its review and approval. 

The Groundwater Assessment Plan shall, at a minimum, provide for all of 

the following:

a. A description of all receptors and significant exposure pathways.

b. An assessment of the horizontal and vertical extent of soil and 

groundwater contamination for all contaminants confirmed to be 

present in groundwater in exceedance of groundwater quality 

standards.

c. A description of all significant factors affecting movement and 

transport of contaminants.

d. A description of the geological and hydrogeological features 

influencing the chemical and physical character of the contaminants.

e. A schedule for continued groundwater monitoring.

f. Any other information related to groundwater assessment required by 

the Department.

(2) The Department shall approve the Groundwater Assessment Plan if it 

determines that the Plan complies with the requirements of this subsection 

and will be sufficient to protect public health, safety, and welfare; the 

environment; and natural resources.

(3) No later than 10 days from approval of the Groundwater Assessment Plan, 

the owner shall begin implementation of the Plan.

(4) No later than 180 days from approval of the Groundwater Assessment Plan, 

the owner shall submit a Groundwater Assessment Report to the 

Department. The Report shall describe all exceedances of groundwater 

quality standards associated with the impoundment.

(b) Corrective Action for the Restoration of Groundwater Quality. – The owner of a 

coal combustion residuals surface impoundment shall implement corrective action for the 

restoration of groundwater quality as provided in this subsection. The requirements for 

corrective action for the restoration of groundwater quality set out in this subsection are in 

addition to any other corrective action for the restoration of groundwater quality requirements 

applicable to the owners of coal combustion residuals surface impoundments.

(1) No later than 90 days from submission of the Groundwater Assessment 

Report required by subsection (a) of this section, or a time frame otherwise 

approved by the Department not to exceed 180 days from submission of the

Groundwater Assessment Report, the owner of the coal combustion residuals 

surface impoundment shall submit a proposed Groundwater Corrective 

Action Plan to the Department for its review and approval. The Groundwater 

Corrective Action Plan shall provide for the restoration of groundwater in 

conformance with the requirements of Subchapter L of Chapter 2 of Title 

15A of the North Carolina Administrative Code. The Groundwater 

Corrective Action Plan shall include, at a minimum, all of the following:

a. A description of all exceedances of the groundwater quality 

standards, including any exceedances that the owner asserts are the 

result of natural background conditions.

b. A description of the methods for restoring groundwater in 

conformance with the requirements of Subchapter L of Chapter 2 of 

Title 15A of the North Carolina Administrative Code and a detailed 

explanation of the reasons for selecting these methods.

c. Specific plans, including engineering details, for restoring 

groundwater quality.

d. A schedule for implementation of the Plan.

e. A monitoring plan for evaluating the effectiveness of the proposed 

corrective action and detecting movement of any contaminant 

plumes.
S729 [Ratified] Page 11

f. Any other information related to groundwater assessment required by 

the Department.

(2) The Department shall approve the Groundwater Corrective Action Plan if it 

determines that the Plan complies with the requirements of this subsection 

and will be sufficient to protect public health, safety, and welfare; the 

environment; and natural resources.

(3) No later than 30 days from the approval of the Groundwater Corrective 

Action Plan, the owner shall begin implementation of the Plan in accordance 

with the Plan's schedule.

(c) Drinking Water Supply Well Survey and Provision of Alternate Water Supply. – No 

later than October 1, 2014, the owner of a coal combustion residuals surface impoundment 

shall conduct a Drinking Water Supply Well Survey that identifies all drinking water supply 

wells within one-half mile down-gradient from the established compliance boundary of the 

impoundment and submit the Survey to the Department. The Survey shall include well 

locations, the nature of water uses, available well construction details, and information 

regarding ownership of the wells. No later than December 1, 2014, the Department shall

determine, based on the Survey, which drinking water supply wells the owner is required to 

sample and how frequently and for what period sampling is required. The Department shall 

require sampling for drinking water supply wells where data regarding groundwater quality and

flow and depth in the area of any surveyed well provide a reasonable basis to predict that the 

quality of water from the surveyed well may be adversely impacted by constituents associated 

with the presence of the impoundment. No later than January 1, 2015, the owner shall initiate 

sampling and water quality analysis of the drinking water supply wells. A property owner may 

elect to have an independent third party selected from a laboratory certified by the Department's 

Wastewater/Groundwater Laboratory Certification program sample wells located on their 

property in lieu of sampling conducted by the owner of the coal combustion residuals surface 

impoundment. The owner of the coal combustion residuals surface impoundment shall pay for 

the reasonable costs of such sampling. Nothing in this subsection shall be construed to preclude 

or impair the right of any property owner to refuse such sampling of wells on their property. If 

the sampling and water quality analysis indicates that water from a drinking water supply well 

exceeds groundwater quality standards for constituents associated with the presence of the 

impoundment, the owner shall replace the contaminated drinking water supply well with an 

alternate supply of potable drinking water and an alternate supply of water that is safe for other 

household uses. The alternate supply of potable drinking water shall be supplied within 24 

hours of the Department's determination that there is an exceedance of groundwater quality 

standards attributable to constituents associated with the presence of the impoundment. The 

alternate supply of water that is safe for other household uses shall be supplied within 30 days 

of the Department's determination that there is an exceedance of groundwater quality standards 

attributable to constituents associated with the presence of the impoundment. The requirement 

to replace a contaminated drinking water supply well with an alternate supply of potable 

drinking water and an alternate supply of water that is safe for other household uses set out in 

this subsection is in addition to any other requirements to replace a contaminated drinking 

water supply well with an alternate supply of potable drinking water or an alternate supply of

water that is safe for other household uses applicable to the owners of coal combustion 

residuals surface impoundments.

(d) Reporting. – In addition to any other reporting required by the Department, the 

owner of a coal combustion residuals surface impoundment shall submit an annual 

Groundwater Protection and Restoration Report to the Department no later than January 31 of 

each year. The Report shall include a summary of all groundwater monitoring, protection, and 

restoration activities related to the impoundment for the preceding year, including the status of 

the Groundwater Assessment Plan, the Groundwater Assessment Report, the Groundwater 

Corrective Action Plan, the Drinking Water Supply Well Survey, and the replacement of any 

contaminated drinking water supply wells. The owner of a coal combustion residuals surface 

impoundment shall also submit all information required to be submitted to the Department 

pursuant to this section to the Coal Ash Management Commission.

"§ 130A-309.210. Identification and assessment of discharges; correction of unpermitted 

discharges.

(a) Identification of Discharges from Coal Combustion Residuals Surface 

Impoundments. –
Page 12 S729 [Ratified]

(1) The owner of a coal combustion residuals surface impoundment shall 

identify all discharges from the impoundment as provided in this subsection.

The requirements for identifying all discharges from an impoundment set out 

in this subsection are in addition to any other requirements for identifying 

discharges applicable to the owners of coal combustion residuals surface 

impoundments.

(2) No later than December 31, 2014, the owner of a coal combustion residuals 

surface impoundment shall submit a topographic map that identifies the 

location of all (i) outfalls from engineered channels designed or improved 

for the purpose of collecting water from the toe of the impoundment and (ii) 

seeps and weeps discharging from the impoundment that are not captured by 

engineered channels designed or improved for the purpose of collecting 

water from the toe of the impoundment to the Department. The topographic 

map shall comply with all of the following:

a. Be at a scale as required by the Department.

b. Specify the latitude and longitude of each toe drain outfall, seep, and 

weep.

c. Specify whether the discharge from each toe drain outfall, seep, and 

weep is continuous or intermittent.

d. Provide an average flow measurement of the discharge from each toe 

drain outfall, seep, and weep including a description of the method 

used to measure average flow.

e. Specify whether the discharge from each toe drain outfall, seep, and

weep identified reaches the surface waters of the State. If the 

discharge from a toe drain outfall, seep, or weep reaches the surface 

waters of the State, the map shall specify the latitude and longitude 

of where the discharge reaches the surface waters of the State.

f. Include any other information related to the topographic map

required by the Department.

(b) Assessment of Discharges from Coal Combustion Residuals Surface Impoundments 

to the Surface Waters of the State. – The owner of a coal combustion residuals surface 

impoundment shall conduct an assessment of discharges from the coal combustion residuals 

surface impoundment to the surface waters of the State as provided in this subsection. The 

requirements for assessment of discharges from the coal combustion residuals surface 

impoundment to the surface waters of the State set out in this subsection are in addition to any 

other requirements for the assessment of discharges from coal combustion residuals surface 

impoundments to surface waters of the State applicable to the owners of coal combustion 

residuals surface impoundments.

(1) No later than December 31, 2014, the owner of a coal combustion residuals 

surface impoundment shall submit a proposed Discharge Assessment Plan to 

the Department. The Discharge Assessment Plan shall include information 

sufficient to allow the Department to determine whether any discharge, 

including a discharge from a toe drain outfall, seep, or weep, has reached the 

surface waters of the State and has caused a violation of surface water 

quality standards. The Discharge Assessment Plan shall include, at a 

minimum, all of the following:

a. Upstream and downstream sampling locations within all channels 

that could potentially carry a discharge.

b. A description of the surface water quality analyses that will be 

performed.

c. A sampling schedule, including the frequency and duration of 

sampling activities.

d. Reporting requirements.

e. Any other information related to the assessment of discharges 

required by the Department.

(2) The Department shall approve the Discharge Assessment Plan if it 

determines that the Plan complies with the requirements of this subsection 

and will be sufficient to protect public health, safety, and welfare; the 

environment; and natural resources.
S729 [Ratified] Page 13

(3) No later than 30 days from the approval of the Discharge Assessment Plan, 

the owner shall begin implementation of the Plan in accordance with the 

Plan's schedule.

(c) Corrective Action to Prevent Unpermitted Discharges from Coal Combustion 

Residuals Surface Impoundments to the Surface Waters of the State. – The owner of a coal 

combustion residuals surface impoundment shall implement corrective action to prevent 

unpermitted discharges from the coal combustion residuals surface impoundment to the surface 

waters of the State as provided in this subsection. The requirements for corrective action to 

prevent unpermitted discharges from coal combustion residuals surface impoundments to the 

surface waters of the State set out in this subsection are in addition to any other requirements 

for corrective action to prevent unpermitted discharges from coal combustion residuals surface 

impoundments to the surface waters of the State applicable to the owners of coal combustion 

residuals surface impoundments.

(1) If the Department determines, based on information provided pursuant to 

subsection (a) or (b) of this section, that an unpermitted discharge from a 

coal combustion residuals surface impoundment, including an unpermitted

discharge from a toe drain outfall, seep, or weep, has reached the surface 

waters of the State, the Department shall notify the owner of the 

impoundment of its determination.

(2) No later than 30 days from a notification pursuant to subdivision (1) of this 

subsection, the owner of the coal combustion residuals surface impoundment 

shall submit a proposed Unpermitted Discharge Corrective Action Plan to 

the Department for its review and approval. The proposed Unpermitted 

Discharge Corrective Action Plan shall include, at a minimum, all of the 

following:

a. One of the following methods of proposed corrective action:

1. Elimination of the unpermitted discharge.

2. Application for a National Pollutant Discharge Elimination 

System (NPDES) permit amendment pursuant to 

G.S. 143-215.1 and Subchapter H of Chapter 2 of Title 15A 

of the North Carolina Administrative Code to bring the 

unpermitted discharge under permit regulations.

b. A detailed explanation of the reasons for selecting the method of 

corrective action.

c. Specific plans, including engineering details, to prevent the 

unpermitted discharge.

d. A schedule for implementation of the Plan.

e. A monitoring plan for evaluating the effectiveness of the proposed 

corrective action.

f. Any other information related to the correction of unpermitted 

discharges required by the Department.

(3) The Department shall approve the Unpermitted Discharge Corrective Action 

Plan if it determines that the Plan complies with the requirements of this 

subsection and will be sufficient to protect public health, safety, and welfare; 

the environment; and natural resources.

(4) No later than 30 days from the approval of the Unpermitted Discharge 

Corrective Action Plan, the owner shall begin implementation of the Plan in 

accordance with the Plan's schedule.

(d) Identification of New Discharges. – No later than October 1, 2014, the owner of a 

coal combustion residuals surface impoundment shall submit a proposed Plan for the 

Identification of New Discharges to the Department for its review and approval as provided in 

this subsection.

(1) The proposed Plan for the Identification of New Discharges shall include, at 

a minimum, all of the following:

a. A procedure for routine inspection of the coal combustion residuals 

surface impoundment to identify indicators of potential new

discharges, including toe drain outfalls, seeps, and weeps.

b. A procedure for determining whether a new discharge is actually 

present.
Page 14 S729 [Ratified]

c. A procedure for notifying the Department when a new discharge is 

confirmed.

d. Any other information related to the identification of new discharges 

required by the Department.

(2) The Department shall approve the Plan for the Identification of New 

Discharges if it determines that the Plan complies with the requirements of 

this subsection and will be sufficient to protect public health, safety, and 

welfare; the environment; and natural resources.

(3) No later than 30 days from the approval of the Plan for the Identification of 

New Discharges, the owner shall begin implementation of the Plan in 

accordance with the Plan.

(e) Reporting. – In addition to any other reporting required by the Department, the 

owner of a coal combustion residuals surface impoundment shall submit an annual Surface 

Water Protection and Restoration Report to the Department no later than January 31 of each 

year. The Report shall include a summary of all surface water sampling, protection, and 

restoration activities related to the impoundment for the preceding year, including the status of 

the identification, assessment, and correction of unpermitted discharges from coal combustion 

residuals surface impoundments to the surface waters of the State. The owner of a coal 

combustion residuals surface impoundment shall also submit all information required to be 

submitted to the Department pursuant to this section to the Coal Ash Management 

Commission.

"§ 130A-309.211. Prioritization of coal combustion residuals surface impoundments.

(a) As soon as practicable, but no later than December 31, 2015, the Department shall

develop proposed classifications for all coal combustion residuals surface impoundments, 

including active and retired sites, for the purpose of closure and remediation based on these 

sites' risks to public health, safety, and welfare; the environment; and natural resources and 

shall determine a schedule for closure and required remediation that is based on the degree of 

risk to public health, safety, and welfare; the environment; and natural resources posed by the

impoundments and that gives priority to the closure and required remediation of impoundments

that pose the greatest risk. In assessing the risk, the Department shall evaluate information 

received pursuant to G.S. 130A-309.209 and G.S. 130A-309.210 and any other information 

deemed relevant and, at a minimum, consider all of the following:

(1) Any hazards to public health, safety, or welfare resulting from the 

impoundment.

(2) The structural condition and hazard potential of the impoundment.

(3) The proximity of surface waters to the impoundment and whether any 

surface waters are contaminated or threatened by contamination as a result 

of the impoundment.

(4) Information concerning the horizontal and vertical extent of soil and 

groundwater contamination for all contaminants confirmed to be present in 

groundwater in exceedance of groundwater quality standards and all 

significant factors affecting contaminant transport.

(5) The location and nature of all receptors and significant exposure pathways.

(6) The geological and hydrogeological features influencing the movement and 

chemical and physical character of the contaminants.

(7) The amount and characteristics of coal combustion residuals in the 

impoundment.

(8) Whether the impoundment is located within an area subject to a 100-year 

flood.

(9) Any other factor the Department deems relevant to establishment of risk.

(b) The Department shall issue a proposed classification for each coal combustion 

residuals surface impoundment based upon the assessment conducted pursuant to subsection (a) 

of this section as high-risk, intermediate-risk, or low-risk. Within 30 days after a proposed

classification has been issued, the Department shall issue a written declaration, including

findings of fact, documenting the proposed classification. The Department shall provide for 

public participation on the proposed risk classification as follows:

(1) The Department shall make copies of the written declaration issued pursuant 

to this subsection available for inspection as follows:
S729 [Ratified] Page 15

a. A copy of the declaration shall be provided to the local health 

director.

b. A copy of the declaration shall be provided to the public library 

located in closest proximity to the site in the county or counties in 

which the site is located.

c. The Department shall post a copy of the declaration on the 

Department's Web site.

d. The Department shall place copies of the declaration in other 

locations so as to assure the reasonable availability thereof to the 

public.

(2) The Department shall give notice of the written declaration issued pursuant 

to this subsection as follows:

a. A notice and summary of the declaration shall be published weekly 

for a period of three consecutive weeks in a newspaper having 

general circulation in the county or counties where the site is located.

b. Notice of the written declaration shall be given by first-class mail to 

persons who have requested such notice. Such notice shall include a 

summary of the written declaration and state the locations where a 

copy of the written declaration is available for inspection. The 

Department shall maintain a mailing list of persons who request 

notice pursuant to this section.

c. Notice of the written declaration shall be given by electronic mail to 

persons who have requested such notice. Such notice shall include a 

summary of the written declaration and state the locations where a 

copy of the written declaration is available for inspection. The 

Department shall maintain a mailing list of persons who request 

notice pursuant to this section.

(3) No later than 60 days after issuance of the written declaration, the 

Department shall conduct a public meeting in the county or counties in 

which the site is located to explain the written declaration to the public. The 

Department shall give notice of the hearing at least 15 days prior to the date 

thereof by all of the following methods:

a. Publication as provided in subdivision (1) of this subsection, with 

first publication to occur not less than 30 days prior to the scheduled 

date of the hearing.

b. First-class mail to persons who have requested notice as provided in 

subdivision (2) of this subsection.

c. Electronic mail to persons who have requested notice as provided in 

subdivision (2) of this subsection.

(4) At least 30 days from the latest date on which notice is provided pursuant to 

subdivision (2) of this subsection shall be allowed for the receipt of written 

comment on the written declaration prior to issuance of a final risk 

classification. At least 20 days will be allowed for receipt of written 

comment following a hearing conducted pursuant to subdivision (3) of this

subsection prior to issuance of a final risk classification.

(c) Within 30 days of the receipt of all written comment as required by subdivision (4) 

of subsection (b) of this section, the Department shall submit a proposed classification for a 

coal combustion residuals surface impoundment to the Coal Ash Management Commission

established pursuant to G.S. 130A-309.202. The Commission shall evaluate all information 

submitted in accordance with this Part related to the proposed classification and any other 

information the Commission deems relevant. The Commission shall only approve the proposed

classification if it determines that the classification was developed in accordance with this 

section and that the classification accurately reflects the level of risk posed by the coal 

combustion residuals surface impoundment. The Commission shall issue its determination in 

writing, including findings in support of its determination. If the Commission fails to act on a 

proposed classification within 60 days of receipt of the proposed classification, the proposed 

classification shall be deemed approved. Parties aggrieved by a final decision of the 

Commission pursuant to this subsection may appeal the decision as provided under Article 3 of 

Chapter 150B of the General Statutes.
Page 16 S729 [Ratified]

"§ 130A-309.212. Closure of coal combustion residuals surface impoundments.

(a) An owner of a coal combustion residuals surface impoundment shall submit a 

proposed Coal Combustion Residuals Surface Impoundment Closure Plan for the Department's 

approval. If corrective action to restore groundwater has not been completed pursuant to the 

requirements of G.S. 130A-309.209(b), the proposed closure plan shall include provisions for 

completion of activities to restore groundwater in conformance with the requirements of 

Subchapter L of Chapter 2 of Title 15A of the North Carolina Administrative Code. In addition, 

the following requirements, at a minimum, shall apply to such plans:

(1) High-risk impoundments shall be closed as soon as practicable, but no later 

than December 31, 2019. A proposed closure plan for such impoundments 

must be submitted as soon as practicable, but no later than December 31, 

2016. At a minimum, (i) impoundments located in whole above the seasonal 

high groundwater table shall be dewatered; (ii) impoundments located in 

whole or in part beneath the seasonal high groundwater table shall be 

dewatered to the maximum extent practicable; and (iii) the owner of an 

impoundment shall either:

a. Convert the coal combustion residuals impoundment to an industrial 

landfill by removing all coal combustion residuals and contaminated 

soil from the impoundment temporarily, safely storing the residuals 

on-site, and complying with the requirements for such landfills 

established by this Article and rules adopted thereunder. At a 

minimum, the landfills shall have a design with a leachate collection 

system, a closure cap system, and a composite liner system 

consisting of two components: the upper component shall consist of a 

minimum 30-ml flexible membrane (FML), and the lower 

components shall consist of at least a two-foot layer of compacted 

soil with a hydraulic conductivity of no more than 1 x 10-

7

centimeters per second. FML components consisting of high density 

polyethylene (HDPE) shall be at least 60 ml thick. The landfill shall 

otherwise comply with the construction requirements established by 

Section .1624 of Subchapter B of Chapter 13 of Title 15A of the 

North Carolina Administrative Code, and the siting and design 

requirements for disposal sites established by Section .0503 of 

Subchapter B of Chapter 13 of Title 15A of the North Carolina 

Administrative Code, except with respect to those requirements that 

pertain to buffers. In lieu of the buffer requirement established by 

Section .0503(f)(2)(iii) of Subchapter B of Chapter 13 of Title 15A 

of the North Carolina Administrative Code, the owner of the 

impoundment shall establish and maintain a 300-foot buffer between 

surface waters and disposal areas. After the temporarily displaced 

coal combustion residuals have been returned for disposal in the 

industrial landfill constructed pursuant to the requirements of this 

sub-subdivision, the owner of the landfill shall comply with the 

closure and post-closure requirements established by Section .1627 

of Subchapter B of Chapter 13 of Title 15A of the North Carolina 

Administrative Code. A landfill constructed pursuant to this 

sub-subdivision shall otherwise be subject to all applicable 

requirements of this Chapter and rules adopted thereunder. Prior to 

closure, the Department may allow the disposal of coal combustion 

residuals, in addition to those originally contained in the 

impoundment, to the landfill constructed pursuant to this 

sub-subdivision, if the Department determines that the site is suitable 

for additional capacity and that disposal of additional coal 

combustion residuals will not pose an unacceptable risk to public 

health, safety, welfare; the environment; and natural resources.

b. Remove all coal combustion residuals from the impoundment, return 

the former impoundment to a nonerosive and stable condition and (i) 

transfer the coal combustion residuals for disposal in a coal 

combustion residuals landfill, industrial landfill, or municipal solid 
S729 [Ratified] Page 17

waste landfill or (ii) use the coal combustion products in a structural 

fill or other beneficial use as allowed by law. The use of coal 

combustion products (i) as structural fill shall be conducted in 

accordance with the requirements of Subpart 3 of this Part and (ii) for 

other beneficial uses shall be conducted in accordance with the 

requirements of Section .1700 of Subchapter B of Chapter 13 of Title 

15A of the North Carolina Administrative Code (Requirements for 

Beneficial Use of Coal Combustion By-Products) and Section .1205 

of Subchapter T of Chapter 2 of Title 15A of the North Carolina 

Administrative Code (Coal Combustion Products Management).

(2) Intermediate-risk impoundments shall be closed as soon as practicable, but 

no later than December 31, 2024. A proposed closure plan for such 

impoundments must be submitted as soon as practicable, but no later than 

December 31, 2017. At a minimum, such impoundments shall be dewatered, 

and the owner of an impoundment shall close the impoundment in any 

manner allowed pursuant to subdivision (1) of this subsection.

(3) Low-risk impoundments shall be closed as soon as practicable, but no later 

than December 31, 2029. A proposed closure plan for such impoundments 

must be submitted as soon as practicable, but no later than December 31, 

2018. At a minimum, (i) impoundments located in whole above the seasonal 

high groundwater table shall be dewatered; (ii) impoundments located in 

whole or in part beneath the seasonal high groundwater table shall be 

dewatered to the maximum extent practicable; and (iii) the owner of an 

impoundment shall either:

a. Close in any manner allowed pursuant to subdivision (1) of this 

subsection.

b. Comply with the closure and post-closure requirements established 

by Section .1627 of Subchapter B of Chapter 13 of Title 15A of the 

North Carolina Administrative Code, except that such impoundments 

shall not be required to install and maintain a leachate collection 

system. Specifically, the owner of an impoundment shall install and 

maintain a cap system that is designed to minimize infiltration and 

erosion in conformance with the requirements of Section .1624 of 

Subchapter B of Chapter 13 of Title 15A of the North Carolina 

Administrative Code, and, at a minimum, shall be designed and 

constructed to (i) have a permeability no greater than 1 x 10-

5

centimeters per second; (ii) minimize infiltration by the use of a 

low-permeability barrier that contains a minimum 18 inches of 

earthen material; and (iii) minimize erosion of the cap system and 

protect the low-permeability barrier from root penetration by use of 

an erosion layer that contains a minimum of six inches of earthen 

material that is capable of sustaining native plant growth. In addition, 

the owner of an impoundment shall (i) install and maintain a 

groundwater monitoring system; (ii) establish financial assurance 

that will ensure that sufficient funds are available for closure

pursuant to this subdivision, post-closure maintenance and 

monitoring, any corrective action that the Department may require, 

and satisfy any potential liability for sudden and nonsudden 

accidental occurrences arising from the impoundment and 

subsequent costs incurred by the Department in response to an 

incident, even if the owner becomes insolvent or ceases to reside, be 

incorporated, do business, or maintain assets in the State; and (iii) 

conduct post-closure care for a period of 30 years, which period may 

be increased by the Department upon a determination that a longer 

period is necessary to protect public health, safety, welfare; the 

environment; and natural resources, or decreased upon a 

determination that a shorter period is sufficient to protect public 

health, safety, welfare; the environment; and natural resources. The 

Department may require implementation of any other measure it 
Page 18 S729 [Ratified]

deems necessary to protect public health, safety, and welfare; the 

environment; and natural resources, including imposition of 

institutional controls that are sufficient to protect public health, 

safety, and welfare; the environment; and natural resources. The 

Department may not approve closure for an impoundment pursuant 

to sub-subdivision b. of subdivision (3) of this subsection unless the 

Department finds that the proposed closure plan includes design 

measures to prevent, upon the plan's full implementation,

post-closure exceedances of groundwater quality standards beyond 

the compliance boundary that are attributable to constituents 

associated with the presence of the impoundment.

(4) Closure Plans for all impoundments shall include all of the following:

a. Facility and coal combustion residuals surface impoundment 

description. – A description of the operation of the site that shall 

include, at a minimum, all of the following:

1. Site history and history of site operations, including details on 

the manner in which coal combustion residuals have been 

stored and disposed of historically.

2. Estimated volume of material contained in the impoundment.

3. Analysis of the structural integrity of dikes or dams 

associated with impoundment.

4. All sources of discharge into the impoundment, including 

volume and characteristics of each discharge.

5. Whether the impoundment is lined, and, if so, the 

composition thereof.

6. A summary of all information available concerning the 

impoundment as a result of inspections and monitoring

conducted pursuant to this Part and otherwise available.

b. Site maps, which, at a minimum, illustrate all of the following:

1. All structures associated with the operation of any coal 

combustion residuals surface impoundment located on the 

site. For purposes of this sub-subdivision, the term "site"

means the land or waters within the property boundary of the 

applicable electric generating station.

2. All current and former coal combustion residuals disposal and 

storage areas on the site, including details concerning coal 

combustion residuals produced historically by the electric 

generating station and disposed of through transfer to

structural fills.

3. The property boundary for the applicable site, including 

established compliance boundaries within the site.

4. All potential receptors within 2,640 feet from established

compliance boundaries.

5. Topographic contour intervals of the site shall be selected to 

enable an accurate representation of site features and terrain 

and in most cases should be less than 20-foot intervals.

6. Locations of all sanitary landfills permitted pursuant to this 

Article on the site that are actively receiving waste or are 

closed, as well as the established compliance boundaries and 

components of associated groundwater and surface water 

monitoring systems.

7. All existing and proposed groundwater monitoring wells 

associated with any coal combustion residuals surface 

impoundment on the site.

8. All existing and proposed surface water sample collection 

locations associated with any coal combustion residuals 

surface impoundment on the site.
S729 [Ratified] Page 19

c. The results of a hydrogeologic, geologic, and geotechnical 

investigation of the site, including, at a minimum, all of the 

following:

1. A description of the hydrogeology and geology of the site.

2. A description of the stratigraphy of the geologic units 

underlying each coal combustion residuals surface 

impoundment located on the site.

3. The saturated hydraulic conductivity for (i) the coal 

combustion residuals within any coal combustion residuals 

surface impoundment located on the site and (ii) the saturated 

hydraulic conductivity of any existing liner installed at an 

impoundment, if any.

4. The geotechnical properties for (i) the coal combustion 

residuals within any coal combustion residuals surface 

impoundment located on the site, (ii) the geotechnical 

properties of any existing liner installed at an impoundment, 

if any, and (iii) the uppermost identified stratigraphic unit 

underlying the impoundment, including the soil classification 

based upon the Unified Soil Classification System, in-place 

moisture content, particle size distribution, Atterberg limits, 

specific gravity, effective friction angle, maximum dry 

density, optimum moisture content, and permeability.

5. A chemical analysis of the coal combustion residuals surface 

impoundment, including water, coal combustion residuals, 

and coal combustion residuals-affected soil.

6. Identification of all substances with concentrations 

determined to be in excess of the groundwater quality 

standards for the substance established by Subchapter L of 

Chapter 2 of Title 15A of the North Carolina Administrative 

Code, including all laboratory results for these analyses.

7. Summary tables of historical records of groundwater 

sampling results.

8. A map that illustrates the potentiometric contours and flow 

directions for all identified aquifers underlying 

impoundments (shallow, intermediate, and deep) and the 

horizontal extent of areas where groundwater quality 

standards established by Subchapter L of Chapter 2 of Title 

15A of the North Carolina Administrative Code for a 

substance are exceeded.

9. Cross-sections that illustrate the following: the vertical and 

horizontal extent of the coal combustion residuals within an

impoundment; stratigraphy of the geologic units underlying 

an impoundment; and the vertical extent of areas where 

groundwater quality standards established by Subchapter L of 

Chapter 2 of Title 15A of the North Carolina Administrative 

Code for a substance are exceeded.

d. The results of groundwater modeling of the site that shall include, at 

a minimum, all of the following:

1. An account of the design of the proposed Closure Plan that is 

based on the site hydrogeologic conceptual model developed

and includes (i) predictions on post-closure groundwater 

elevations and groundwater flow directions and velocities,

including the effects on and from the potential receptors and 

(ii) predictions at the compliance boundary for substances 

with concentrations determined to be in excess of the 

groundwater quality standards for the substance established 

by Subchapter L of Chapter 2 of Title 15A of the North 

Carolina Administrative Code.
Page 20 S729 [Ratified]

2. Predictions that include the effects on the groundwater 

chemistry and should describe migration, concentration, 

mobilization, and fate for substances with concentrations 

determined to be in excess of the groundwater quality 

standards for the substance established by Subchapter L of 

Chapter 2 of Title 15A of the North Carolina Administrative 

Code pre- and post-closure, including the effects on and from 

potential receptors.

3. A description of the groundwater trend analysis methods used 

to demonstrate compliance with groundwater quality 

standards for the substance established by Subchapter L of 

Chapter 2 of Title 15A of the North Carolina Administrative 

Code and requirements for corrective action of groundwater 

contamination established by Subchapter L of Chapter 2 of 

Title 15A of the North Carolina Administrative Code.

e. A description of any plans for beneficial use of the coal combustion 

residuals in compliance with the requirements of Section .1700 of 

Subchapter B of Chapter 13 of Title 15A of the North Carolina 

Administrative Code (Requirements for Beneficial Use of Coal 

Combustion By-Products) and Section .1205 of Subchapter T of 

Chapter 2 of Title 15A of the North Carolina Administrative Code

(Coal Combustion Products Management).

f. All engineering drawings, schematics, and specifications for the 

proposed Closure Plan. If required by Chapter 89C of the General 

Statutes, engineering design documents should be prepared, signed, 

and sealed by a professional engineer.

g. A description of the construction quality assurance and quality 

control program to be implemented in conjunction with the Closure 

Plan, including the responsibilities and authorities for monitoring and 

testing activities, sampling strategies, and reporting requirements.

h. A description of the provisions for disposal of wastewater and 

management of stormwater and the plan for obtaining all required 

permits.

i. A description of the provisions for the final disposition of the coal 

combustion residuals. If the coal combustion residuals are to be 

removed, the owner must identify (i) the location and permit number 

for the coal combustion residuals landfills, industrial landfills, or 

municipal solid waste landfills in which the coal combustion 

residuals will be disposed and (ii) in the case where the coal 

combustion residuals are planned for beneficial use, the location and 

manner in which the residuals will be temporarily stored. If the coal 

combustion residuals are to be left in the impoundment, the owner 

must (i) in the case of closure pursuant to sub-subdivision (a)(1)a. of 

this section, provide a description of how the ash will be stabilized 

prior to completion of closure in accordance with closure and 

post-closure requirements established by Section .1627 of Subchapter 

B of Chapter 13 of Title 15A of the North Carolina Administrative 

Code and (ii) in the case of closure pursuant to sub-subdivision

(a)(1)b. of this section, provide a description of how the ash will be 

stabilized pre- and post-closure. If the coal combustion residuals are 

to be left in the impoundment, the owner must provide an estimate of 

the volume of coal combustion residuals remaining.

j. A list of all permits that will need to be acquired or modified to 

complete closure activities.

k. A description of the plan for post-closure monitoring and care for an 

impoundment for a minimum of 30 years. The length of the 

post-closure care period may be (i) proposed to be decreased or the 

frequency and parameter list modified if the owner demonstrates that 

the reduced period or modifications are sufficient to protect public 
S729 [Ratified] Page 21

health, safety, and welfare; the environment; and natural resources

and (ii) increased by the Department at the end of the post-closure

monitoring and care period if there are statistically significant 

increasing groundwater quality trends or if contaminant 

concentrations have not decreased to a level protective of public 

health, safety, and welfare; the environment; and natural resources. If 

the owner determines that the post-closure care monitoring and care 

period is no longer needed and the Department agrees, the owner 

shall provide a certification, signed and sealed by a professional 

engineer, verifying that post-closure monitoring and care has been 

completed in accordance with the post-closure plan. If required by 

Chapter 89C of the General Statutes, the proposed plan for 

post-closure monitoring and care should be signed and sealed by a 

professional engineer. The plan shall include, at a minimum, all of 

the following:

1. A demonstration of the long-term control of all leachate, 

affected groundwater, and stormwater.

2. A description of a groundwater monitoring program that 

includes (i) post-closure groundwater monitoring, including 

parameters to be sampled and sampling schedules; (ii) any 

additional monitoring well installations, including a map with 

the proposed locations and well construction details; and (iii) 

the actions proposed to mitigate statistically significant 

increasing groundwater quality trends.

l. An estimate of the milestone dates for all activities related to closure 

and post-closure.

m. Projected costs of assessment, corrective action, closure, and 

post-closure care for each coal combustion residuals surface 

impoundment.

n. A description of the anticipated future use of the site and the

necessity for the implementation of institutional controls following 

closure, including property use restrictions, and requirements for 

recordation of notices documenting the presence of contamination, if 

applicable, or historical site use.

(b) The Department shall review a proposed Coal Combustion Residuals Surface 

Impoundment Closure Plan for consistency with the minimum requirements set forth in 

subsection (a) of this section and whether the proposed Closure Plan is protective of public 

health, safety, and welfare; the environment; and natural resources and otherwise complies with 

the requirements of this Part. Prior to issuing a decision on a proposed Closure Plan, the 

Department shall provide for public participation on the proposed Closure Plan as follows:

(1) The Department shall make copies of the proposed Closure Plan available 

for inspection as follows:

a. A copy of the proposed Closure Plan shall be provided to the local 

health director.

b. A copy of the proposed Closure Plan shall be provided to the public 

library located in closest proximity to the site in the county or 

counties in which the site is located.

c. The Department shall post a copy of the proposed Closure Plan on 

the Department's Web site.

d. The Department shall place copies of the declaration in other 

locations so as to assure the reasonable availability thereof to the 

public.

(2) Before approving a proposed Closure Plan, the Department shall give notice 

as follows:

a. A notice and summary of the proposed Closure Plan shall be 

published weekly for a period of three consecutive weeks in a 

newspaper having general circulation in the county or counties where 

the site is located.
Page 22 S729 [Ratified]

b. Notice that a proposed Closure Plan has been developed shall be 

given by first-class mail to persons who have requested such notice. 

Such notice shall include a summary of the proposed Closure Plan 

and state the locations where a copy of the proposed Closure Plan is 

available for inspection. The Department shall maintain a mailing list 

of persons who request notice pursuant to this section.

c. Notice that a proposed Closure Plan has been developed shall be 

given by electronic mail to persons who have requested such notice. 

Such notice shall include a summary of the proposed Closure Plan 

and state the locations where a copy of the proposed Closure Plan is 

available for inspection. The Department shall maintain a mailing list 

of persons who request notice pursuant to this section.

(3) No later than 60 days after receipt of a proposed Closure Plan, the 

Department shall conduct a public meeting in the county or counties in 

which the site is located to explain the proposed Closure Plan and 

alternatives to the public. The Department shall give notice of the hearing at 

least 30 days prior to the date thereof by all of the following methods:

a. Publication as provided in subdivision (1) of this subsection, with 

first publication to occur not less than 30 days prior to the scheduled 

date of the hearing.

b. First-class mail to persons who have requested notice as provided in 

subdivision (2) of this subsection.

c. Electronic mail to persons who have requested notice as provided in 

subdivision (2) of this subsection.

(4) At least 30 days from the latest date on which notice is provided pursuant to 

subdivision (2) of this subsection shall be allowed for the receipt of written 

comment on the proposed Closure Plan prior to its approval. At least 20 days 

will be allowed for receipt of written comment following a hearing

conducted pursuant to subdivision (3) of this subsection prior to the approval 

of the proposed Closure Plan.

(c) The Department shall disapprove a proposed Coal Combustion Residuals Surface 

Impoundment Closure Plan unless the Department finds that the Closure Plan is protective of 

public health, safety, and welfare; the environment; and natural resources and otherwise 

complies with the requirements of this Part. The Department shall provide specific findings to 

support its decision to approve or disapprove a proposed Closure Plan. If the Department 

disapproves a proposed Closure Plan, the person who submitted the Closure Plan may seek 

review as provided in Article 3 of Chapter 150B of the General Statutes. If the Department fails 

to approve or disapprove a proposed Closure Plan within 120 days after a complete Closure 

Plan has been submitted, the person who submitted the proposed Closure Plan may treat the 

Closure Plan as having been disapproved at the end of that time period. The Department may 

require a person who proposes a Closure Plan to supply any additional information necessary 

for the Department to approve or disapprove the Closure Plan.

(d) Within 30 days of its approval of a Coal Combustion Residuals Surface 

Impoundment Closure Plan, the Department shall submit the Closure Plan to the Coal Ash 

Management Commission. The Commission shall evaluate all information submitted in 

accordance with this Part related to the Closure Plan and any other information the Commission

deems relevant. The Commission shall approve the Closure Plan if it determines that the 

Closure Plan was developed in accordance with this section, that implementation of the Closure 

Plan according to the Closure Plan's schedule is technologically and economically feasible, and 

the Closure Plan is protective of the public health, safety, and welfare; the environment; and 

natural resources. In addition, the Commission may consider any impact on electricity costs 

and reliability, but this factor may not be dispositive of the Commission's determination. The 

Commission shall issue its determination in writing, including findings in support of its 

determination. If the Commission fails to act on a Closure Plan within 60 days of receipt of the

Closure Plan, the Closure Plan shall be deemed approved. Parties aggrieved by a final decision 

of the Commission pursuant to this subsection may appeal the decision as provided under 

Article 3 of Chapter 150B of the General Statutes.

(e) As soon as practicable, but no later than 60 days after a Coal Combustion Residuals 

Surface Impoundment Closure Plan has been approved by the Coal Ash Management 
S729 [Ratified] Page 23

Commission, the owner of the coal combustion residuals impoundment shall begin 

implementation of the approved plan. Modifications to an approved Closure Plan may only be 

allowed in conformance with the requirements of this Part, upon written request of an owner of 

an impoundment, with the written approval of the Department, and after public notice of the 

change in accordance with the requirements of subdivision (2) of subsection (b) of this section.

Provided, however, minor technical modifications may be made in accordance with standard 

Department procedures for such minor modifications and may be made without written 

approval of the Department or public notice of the change.

(f) Nothing in this section shall be construed to obviate the need for sampling, 

remediation, and monitoring activities at the site as required by G.S. 130A-309.209 and 

G.S. 130A-309.310.

"§ 130A-309.213. Variance authority.

(a) In recognition of the complexity and magnitude of the issues surrounding the 

management of coal combustion residuals and coal combustion residuals surface 

impoundments, the General Assembly authorizes the Commission to grant a variance to extend 

any deadline for closure of an impoundment established under G.S. 130A-309.212 in 

conformance with the requirements of this section. To request such a variance the owner of an 

impoundment shall, no earlier than two years prior to the applicable deadline, submit an 

application in a form acceptable to the Department which shall include, at a minimum, all of 

the following information: identification of the site, applicable requirements, and applicable 

deadlines for which a variance is sought, and the site-specific circumstances that support the 

need for the variance. The owner of the impoundment shall also provide detailed information 

that demonstrates (i) the owner has substantially complied with all other requirements and 

deadlines established by this Part; (ii) the owner has made good faith efforts to comply with the 

applicable deadline for closure of the impoundment; and (iii) that compliance with the deadline 

cannot be achieved by application of best available technology found to be economically 

reasonable at the time and would produce serious hardship without equal or greater benefits to 

the public. As soon as practicable, but no later than 60 days from receipt of an application, the 

Secretary shall evaluate the information submitted in conjunction with the application, and any 

other information the Secretary deems relevant, to determine whether the information supports 

issuance of a variance. After such evaluation, if the Secretary finds that the information 

supports issuance of a variance from the deadline, the Secretary shall issue a proposed variance. 

Within 10 days after a proposed variance has been issued, the Secretary shall issue a written 

declaration, including findings of fact, documenting the proposed variance. The Department 

shall provide for public participation on the proposed variance in the manner provided by 

G.S. 130A-309.212(b) and shall take the public input received through the process into account 

in its decision concerning the proposed variance. Within 30 days of the receipt of all public 

input received, the Department shall submit a proposed variance to the Coal Ash Management 

Commission. The Commission shall evaluate all information submitted in accordance with this 

section and any other information the Commission deems relevant. The Commission shall only 

approve a variance if it determines that compliance with the deadline cannot be achieved by 

application of best available technology found to be economically reasonable at the time and 

would produce serious hardship without equal or greater benefits to the public. The 

Commission shall issue its determination in writing, including findings in support of its 

determination. If the Commission fails to act on a variance request within 60 days of receipt, 

the variance shall be deemed denied. Parties aggrieved by a final decision of the Commission 

pursuant to this subsection may appeal the decision as provided under Article 3 of Chapter 

150B of the General Statutes.

(b) A variance granted pursuant to this section shall not extend a deadline for closure of 

an impoundment more than three years beyond the date applicable to the impoundment as 

provided under G.S. 130A-309.212.

(c) No more than one variance may be granted pursuant to this section per 

impoundment.

"Subpart 3. Use of Coal Combustion Products in Structural Fill.

"§ 130A-309.214. Applicability.

The provisions of this Subpart shall apply to the siting, design, construction, operation, and 

closure of projects that utilize coal combustion products for structural fill.

"§ 130A-309.215. Permit requirements for projects using coal combustion products for 

structural fill.
Page 24 S729 [Ratified]

(a) Permit Requirements. –

(1) Projects using coal combustion products as structural fill involving the 

placement of less than 8,000 tons of coal combustion products per acre or 

less than 80,000 tons of coal combustion products in total per project, which 

proceed in compliance with the requirements of this section and rules 

adopted thereunder, are deemed permitted. Any person proposing such a 

project shall submit an application for a permit to the Department upon such 

form as the Department may prescribe, including, at a minimum, the 

information set forth in subdivision (1) of subsection (b) of this section.

(2) No person shall commence or operate a project using coal combustion 

residuals as structural fill involving the placement of 8,000 or more tons of 

coal combustion products per acre or 80,000 or more tons of coal 

combustion products in total per project without first receiving an individual

permit from the Department. Any person proposing such a project shall 

submit an application for a permit to the Department upon such form as the 

Department may prescribe, including, at a minimum, the information set 

forth in subdivisions (1) and (2) of subsection (b) of this section.

(b) Information to Be Provided to the Department. – At least 60 days before initiation 

of a proposed project using coal combustion products as structural fill, the person proposing the 

project shall submit all of the following information to the Department on a form as prescribed 

by the Department:

(1) For projects involving placement of less than 8,000 tons of coal combustion 

products per acre or less than 80,000 tons of coal combustion products in 

total per project, the person shall provide, at a minimum, the following 

information:

a. The description of the nature, purpose, and location of the project.

b. The estimated start and completion dates for the project.

c. An estimate of the volume of coal combustion products to be used in 

the project.

d. A Toxicity Characteristic Leaching Procedure analysis from a 

representative sample of each different coal combustion product's

source to be used in the project for, at a minimum, all of the 

following constituents: arsenic, barium, cadmium, lead, chromium, 

mercury, selenium, and silver.

e. A signed and dated statement by the owner of the land on which the 

structural fill is to be placed, acknowledging and consenting to the 

use of coal combustion products as structural fill on the property and 

agreeing to record the fill in accordance with the requirements of

G.S. 130A-390.219.

f. The name, address, and contact information for the generator of the 

coal combustion products.

g. Physical location of the project at which the coal combustion 

products were generated.

(2) For projects involving placement of 8,000 or more tons of coal combustion 

products per acre or 80,000 or more tons of coal combustion products in 

total per project, the person shall provide all information required pursuant 

to subdivision (1) of this subsection and shall provide construction plans for 

the project, including a stability analysis as the Department may require. If 

required by the Department, a stability analysis shall be prepared, signed, 

and sealed by a professional engineer in accordance with sound engineering 

practices. A construction plan shall, at a minimum, include a groundwater 

monitoring system and an encapsulation liner system in compliance with the 

requirements of G.S. 130A-309.216.

"§ 130A-309.216. Design, construction, and siting requirements for projects using coal 

combustion products for structural fill.

(a) Design, Construction, and Operation of Structural Fill Sites. –

(1) A structural fill site must be designed, constructed, operated, closed, and 

maintained in such a manner as to minimize the potential for harmful release 
S729 [Ratified] Page 25

of constituents of coal combustion residuals to the environment or create a 

nuisance to the public.

(2) Coal combustion products shall be collected and transported in a manner that 

will prevent nuisances and hazards to public health and safety. Coal 

combustion products shall be moisture conditioned, as necessary, and 

transported in covered trucks to prevent dusting.

(3) Coal combustion products shall be placed uniformly and shall be compacted 

to standards, including in situ density, compaction effort, and relative 

density, specified by a registered professional engineer for a specific end-use 

purpose.

(4) Equipment shall be provided that is capable of placing and compacting the 

coal combustion products and handling the earthwork required during the 

periods that coal combustion products are received at the fill project.

(5) The coal combustion product structural fill project shall be effectively 

maintained and operated as a nondischarge system to prevent discharge to 

surface water resulting from the project.

(6) The coal combustion product structural fill project shall be effectively 

maintained and operated to ensure no violations of groundwater standards 

adopted by the Commission pursuant to Article 21 of Chapter 143 of the 

General Statutes due to the project.

(7) Surface waters resulting from precipitation shall be diverted away from the 

active coal combustion product placement area during filling and 

construction activity.

(8) Site development shall comply with the North Carolina Sedimentation 

Pollution Control Act of 1973, as amended.

(9) The structural fill project shall be operated with sufficient dust control 

measures to minimize airborne emissions and to prevent dust from creating a 

nuisance or safety hazard and shall not violate applicable air quality 

regulations.

(10) Coal combustion products utilized on an exterior slope of a structural fill 

shall not be placed with a slope greater than 3.0 horizontal to 1.0 vertical.

(11) Compliance with this subsection shall not insulate any of the owners or 

operators of a structural fill project from claims for damages to surface 

waters, groundwater, or air resulting from the operation of the structural fill 

project. If the project fails to comply with the requirements of this section, 

the constructor, generator, owner, or operator shall notify the Department 

and shall take any immediate corrective action as may be required by the 

Department.

(b) Liners, Leachate Collection System, Cap, and Groundwater Monitoring System

Required for Large Structural Fills. – For projects involving placement of 8,000 or more tons of 

coal combustion products per acre or 80,000 or more tons of coal combustion products in total 

per project shall have an encapsulation liner system. The encapsulation liner system shall be 

constructed on and around the structural fill and shall be designed to efficiently contain, collect, 

and remove leachate generated by the coal combustion products, as well as separate the coal 

combustion products from any exposure to surrounding environs. At a minimum, the 

components of the liner system shall consist of the following:

(1) A base liner, which shall consist of one of the following designs:

a. A composite liner utilizing a compacted clay liner. This composite 

liner is one liner that consists of two components: a geomembrane 

liner installed above and in direct and uniform contact with a 

compacted clay liner with a minimum thickness of 24 inches (0.61 

m) and a permeability of no more than 1.0 x 10-

7

centimeters per 

second.

b. A composite liner utilizing a geosynthetic clay liner. This composite 

liner is one liner that consists of three components: a geomembrane 

liner installed above and in uniform contact with a geosynthetic clay 

liner overlying a compacted clay liner with a minimum thickness of 

18 inches (0.46 m) and a permeability of no more than 1.0 x 10-

5

centimeters per second.
Page 26 S729 [Ratified]

(2) A leachate collection system, which is constructed directly above the base 

liner and shall be designed to effectively collect and remove leachate from 

the project.

(3) A cap system that is designed to minimize infiltration and erosion as 

follows:

a. The cap system shall be designed and constructed to (i) have a 

permeability less than or equal to the permeability of any base liner 

system or the in situ subsoils underlying the structural fill, or the 

permeability specified for the final cover in the effective permit, or a 

permeability no greater than 1 x 10-

5 centimeters per second, 

whichever is less; (ii) minimize infiltration through the closed 

structural fill by the use of a low-permeability barrier that contains a 

minimum 18 inches of earthen material; and (iii) minimize erosion of 

the cap system and protect the low-permeability barrier from root 

penetration by use of an erosion layer that contains a minimum of six 

inches of earthen material that is capable of sustaining native plant 

growth.

b. The Department may approve an alternative cap system if the owner 

or operator can adequately demonstrate (i) the alternative cap system 

will achieve an equivalent or greater reduction in infiltration as the 

low-permeability barrier specified in sub-subdivision a. of this 

subdivision and (ii) the erosion layer will provide equivalent or 

improved protection as the erosion layer specified in sub-subdivision 

a. of this subdivision.

(4) A groundwater monitoring system, that shall be approved by the Department 

and, at a minimum, consists of all of the following:

a. A sufficient number of wells, installed at appropriate locations and 

depths, to yield groundwater samples from the uppermost aquifer that 

represent the quality of groundwater passing the relevant point of 

compliance as approved by the Department. A down-gradient 

monitoring system shall be installed at the relevant point of 

compliance so as to ensure detection of groundwater contamination 

in the uppermost aquifer.

b. A proposed monitoring plan, which shall be certified by a licensed 

geologist or professional engineer to be effective in providing early 

detection of any release of hazardous constituents from any point in a 

structural fill or leachate surface impoundment to the uppermost 

aquifer, so as to be protective of public health, safety, and welfare; 

the environment; and natural resources.

c. A groundwater monitoring program, which shall include consistent 

sampling and analysis procedures that are designed to ensure 

monitoring results that provide an accurate representation of 

groundwater quality at the background and down-gradient wells. 

Monitoring shall be conducted through construction and the 

post-closure care period. The sampling procedures and frequency 

shall be protective of public health, safety, and welfare; the 

environment; and natural resources.

d. A detection monitoring program for all Appendix I constituents. For 

purposes of this subdivision, the term "Appendix I" means Appendix 

I to 40 C.F.R. Part 258, "Appendix I Constituents for Detection 

Monitoring," including subsequent amendments and editions.

e. An assessment monitoring program and corrective action plan if one 

or more of the constituents listed in Appendix I is detected in 

exceedance of a groundwater protection standard.

(c) Siting for Structural Fill Facilities. – Coal combustion products used as a structural 

fill shall not be placed:

(1) Within 50 feet of any property boundary.

(2) Within 300 horizontal feet of a private dwelling or well.
S729 [Ratified] Page 27

(3) Within 50 horizontal feet of the top of the bank of a perennial stream or 

other surface water body.

(4) Within four feet of the seasonal high groundwater table.

(5) Within a 100-year floodplain except as authorized under 

G.S. 143-215.54A(b). A site located in a floodplain shall not restrict the flow 

of the 100-year flood, reduce the temporary water storage capacity of the 

floodplain or result in washout of solid waste so as to pose a hazard to 

human life, wildlife or land or water resources.

(6) Within 50 horizontal feet of a wetland, unless, after consideration of the 

chemical and physical impact on the wetland, the United States Army Corps 

of Engineers issues a permit or waiver for the fill.

"§ 130A-309.217. Financial assurance requirements for large projects using coal 

combustion products for structural fill.

(a) For projects involving placement of 8,000 or more tons of coal combustion products 

per acre or 80,000 or more tons of coal combustion products in total per project, the applicant 

for a permit or a permit holder to construct or operate a structural fill 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, and subsequent 

costs incurred by the Department in response to an incident at a structural fill project, 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 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 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) 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.

(e) The Department may provide a copy of any filing that an applicant for a permit or a 

permit holder 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.

(f) In order to continue to hold a permit for a structural fill, 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.

(g) An applicant for a permit or a permit holder 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.

"§ 130A-309.218. Closure of projects using coal combustion products for structural fill.

(a) Closure of Structural Fill Projects. –

(1) No later than 30 working days or 60 calendar days, whichever is less, after 

coal combustion product placement has ceased, the final cover shall be 

applied over the coal combustion product placement area.

(2) The final surface of the structural fill shall be graded and provided with 

drainage systems that do all of the following:

a. Minimize erosion of cover materials.
Page 28 S729 [Ratified]

b. Promote drainage of area precipitation, minimize infiltration, and 

prevent ponding of surface water on the structural fill.

(3) Other erosion control measures, such as temporary mulching, seeding, or silt 

barriers shall be installed to ensure no visible coal combustion product 

migration to adjacent properties until the beneficial end use of the project is 

realized.

(4) The constructor or operator shall submit a certification to the Department 

signed and sealed by a registered professional engineer or signed by the 

Secretary of the Department of Transportation or the Secretary's designee 

certifying that all requirements of this Subpart have been met. The report 

shall be submitted within 30 days of application of the final cover.

(b) Additional Closure and Post-Closure Requirements for Large Structural Fill 

Projects. – For projects involving placement of 8,000 or more tons of coal combustion products

per acre or 80,000 or more tons of coal combustion products in total per project, a constructor 

or operator shall conduct post-closure care. Post-closure care shall be conducted for 30 years, 

which period may be increased by the Department upon a determination that a longer period is 

necessary to protect public health, safety, and welfare; the environment; and natural resources, 

or decreased upon a determination that a shorter period is sufficient to protect public health, 

safety, and welfare; the environment; and natural resources. Additional closure and 

post-closure requirements include, at a minimum, all of the following:

(1) Submit a written closure plan that includes all of the following:

a. A description of the cap liner system and the methods and procedures 

used to install the cap that conforms to the requirement in 

G.S. 130A-309.216(b).

b. An estimate of the largest area of the structural fill project ever 

requiring the cap liner system at any time during the overall 

construction period that is consistent with the drawings prepared for 

the structural fill.

c. An estimate of the maximum inventory of coal combustion products 

ever on-site over the construction duration of the structural fill.

d. A schedule for completing all activities necessary to satisfy the 

closure criteria set forth in this section.

(2) Submit a written post-closure plan that includes all of the following:

a. A description of the monitoring and maintenance activities required 

for the project and the frequency at which these activities must be 

performed.

b. The name, address, and telephone number of the person or office 

responsible for the project during the post-closure period.

c. A description of the planned uses of the property during the 

post-closure period. Post-closure use of the property must not disturb 

the integrity of the cap system, base liner system, or any other 

components of the containment system or the function of the 

monitoring systems, unless necessary to comply with the 

requirements of this subsection. The Department may approve 

disturbance if the constructor or operator demonstrates that 

disturbance of the cap system, base liner system, or other component 

of the containment system will not increase the potential threat to 

public health, safety, and welfare; the environment; and natural 

resources.

d. The cost estimate for post-closure activities required under this 

section.

(3) Maintain the integrity and effectiveness of any cap system, including 

repairing the system as necessary to correct the defects of settlement,

subsidence, erosion, or other events and preventing run-on and runoff from 

eroding or otherwise damaging the cap system.

(4) Maintain and operate the leachate collection system. The Department may 

allow the constructor or operator to stop managing leachate upon a 

satisfactory demonstration that leachate from the project no longer poses a 

threat to human health and the environment.
S729 [Ratified] Page 29

(5) Monitor and maintain the groundwater monitoring system in accordance 

with G.S. 130A-309.216 and monitor the surface water in accordance with 

15A NCAC 13B .0602.

(c) Completion of Post-Closure Care. – Following completion of the post-closure care 

period, the constructor or operator shall submit a certification, signed by a registered 

professional engineer, to the Department, verifying that post-closure care has been completed 

in accordance with the post-closure plan, and include the certification in the operating record.

"§ 130A-309.219. Recordation of projects using coal combustion products for structural 

fill.

(a) The owner of land where coal combustion products have been used in volumes of 

more than 1,000 cubic yards shall file a statement of the volume and locations of the coal 

combustion residuals with the Register of Deeds in the county or counties where the property is 

located. The statement shall identify the parcel of land according to the complete legal 

description on the recorded deed, either by metes and bounds or by reference to a recorded plat 

map. The statement shall be signed and acknowledged by the landowners in the form 

prescribed by G.S. 47-38 through G.S. 47-43.

(b) Recordation shall be required within 90 days after completion of a structural fill 

project using coal combustion residuals.

(c) The Register of Deeds, in accordance with G.S. 161-14, shall record the notarized 

statement and index it in the Grantor Index under the name of the owner of the land. The 

original notarized statement with the Register's seal and the date, book, and page number of 

recording shall be returned to the Department after recording.

(d) When property with more than 1,000 cubic yards of coal combustion products is 

sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer 

shall contain in the description section in no smaller type than used in the body of the deed or 

instrument a statement that coal combustion products have been used as structural fill material 

on the property.

"§ 130A-309.220. Department of Transportation projects.

The Department and the Department of Transportation may agree on specific design, 

construction, siting, operation, and closure criteria that may apply to the Department of 

Transportation structural fill projects.

"§ 130A-309.221. Inventory and inspection of certain structural fill projects.

No later than July 1, 2015, the Department shall prepare an inventory of all structural fill 

projects with a volume of 10,000 cubic yards or more. The Department shall update the 

structural fill project inventory at least annually. The Department shall inspect each structural 

fill project with a volume of 10,000 cubic yards or more at least annually to determine if the 

project or facility has been constructed and operated in compliance with Section .1700 of 

Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative Code 

(Requirements for Beneficial Use of Coal Combustion By-Products) and Section .1200 of 

Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal 

Combustion Products Management), as applicable.

"§ 130A-309.222. Amendments required to rules.

Requirements under existing rules governing the use of coal combustion products for 

structural fill that do not conflict with the provisions of this Subpart shall continue to apply to 

such projects. The Environmental Management Commission shall amend existing rules 

governing the use of coal combustion products for structural fill as necessary to implement the 

provisions of this Subpart. Such rules shall be exempt from the requirements of 

G.S. 150B-19.3.

"Subpart 4. Enforcement.

"§ 130A-309.223. General enforcement.

Except as otherwise provided in this Subpart, the provisions of this Part shall be enforced as 

provided in Article 1 of this Chapter.

"§ 130A-309.224. Penalties for making false statements.

Any person who knowingly makes any false statement, representation, or certification in 

any application, record, report, plan, or other document filed or required to be maintained under 

this Part or a rule implementing this Part shall be guilty of a Class 2 misdemeanor, which may 

include a fine not to exceed ten thousand dollars ($10,000)."

SECTION 3.(b) Notwithstanding G.S. 130A-309.211 or G.S. 130A-309.212, as 

enacted by Section 3(a) of this act, and except as otherwise preempted by the requirements of 
Page 30 S729 [Ratified]

federal law, the following coal combustion residuals surface impoundments shall be deemed 

high-priority and, as soon as practicable, but no later than August 1, 2019, shall be closed in 

conformance with Section 3(c) of this act:

(1) Coal combustion residuals surface impoundments located at the Dan River 

Steam Station, owned and operated by Duke Energy Progress, and located in 

Rockingham County.

(2) Coal combustion residuals surface impoundments located at the Riverbend 

Steam Station, owned and operated by Duke Energy Carolinas, and located 

in Gaston County.

(3) Coal combustion residuals surface impoundments located at the Asheville 

Steam Electric Generating Plant, owned and operated by Duke Energy 

Progress, and located in Buncombe County.

(4) Coal combustion residuals surface impoundments located at the Sutton 

Plant, owned and operated by Duke Energy Progress, and located in New 

Hanover County.

SECTION 3.(c) The impoundments identified in subsection (b) of this section shall 

be closed as follows:

(1) Impoundments located in whole above the seasonal high groundwater table 

shall be dewatered. Impoundments located in whole or in part beneath the 

seasonal high groundwater table shall be dewatered to the maximum extent 

practicable.

(2) All coal combustion residuals shall be removed from the impoundments and 

transferred for (i) disposal in a coal combustion residuals landfill, industrial 

landfill, or municipal solid waste landfill or (ii) use in a structural fill or 

other beneficial use as allowed by law. Any disposal or use of coal 

combustion products pursuant to this section shall comply with the 

moratoriums enacted under Section 4(a) and Section 5(a) of this act and any 

extensions thereof. The use of coal combustion products (i) as structural fill, 

as authorized by Section 4(b) of this act, shall be conducted in accordance 

with the requirements of Subpart 3 of Part 2I of Article 9 of the General 

Statutes, as enacted by Section 3(a) of this act, and (ii) for other beneficial 

uses shall be conducted in accordance with the requirements of Section 

.1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina 

Administrative Code (Requirements for Beneficial Use of Coal Combustion 

By-Products) and Section .1205 of Subchapter T of Chapter 2 of Title 15A 

of the North Carolina Administrative Code (Coal Combustion Products 

Management), as applicable.

(3) If restoration of groundwater quality is degraded as a result of the 

impoundment, corrective action to restore groundwater quality shall be 

implemented by the owner or operator as provided in G.S. 130A-309.204.

SECTION 3.(d) G.S. 130A-290(a) reads as rewritten:

"§ 130A-290. Definitions.

(a) Unless a different meaning is required by the context, the following definitions shall 

apply throughout this Article:

...

(2b) "Combustion products""Coal combustion residuals" means residuals, 

including fly ash, bottom ash, boiler slag, mill rejects, and flue gas 

desulfurization residue produced by a coal-fired generating unit.unit destined 

for disposal. The term does not include coal combustion products as defined 

in G.S. 130A-309.201(4).

(2c) "Combustion products landfill""Coal combustion residuals landfill" means a 

facility or unit for the disposal of combustion products, where the landfill is 

located at the same facility with the coal-fired generating unit or units 

producing the combustion products, and where the landfill is located wholly 

or partly on top of a facility that is, or was, being used for the disposal or 

storage of such combustion products, including, but not limited to, landfills, 

wet and dry ash ponds, and structural fill facilities.

...

(3a) "Commission" means the Environmental Management Commission.
S729 [Ratified] Page 31

...

(20) "Open dump" means any facility or site where solid waste is disposed of that 

is not a sanitary landfill and that is not a coal combustion residuals surface 

impoundment or a facility for the disposal of hazardous waste.

...

(35) "Solid waste" means any hazardous or nonhazardous garbage, refuse or 

sludge from a waste treatment plant, water supply treatment plant or air 

pollution control facility, domestic sewage and sludges generated by the 

treatment thereof in sanitary sewage collection, treatment and disposal 

systems, and other material that is either discarded or is being accumulated, 

stored or treated prior to being discarded, or has served its original intended 

use and is generally discarded, including solid, liquid, semisolid or contained 

gaseous material resulting from industrial, institutional, commercial and 

agricultural operations, and from community activities. Notwithstanding 

sub-sub-subdivision b.3. of this subdivision, the term includes coal 

combustion residuals. The term does not include:

a. Fecal waste from fowls and animals other than humans.

b. Solid or dissolved material in:

1. Domestic sewage and sludges generated by treatment thereof 

in sanitary sewage collection, treatment and disposal systems 

which are designed to discharge effluents to the surface 

waters.

2. Irrigation return flows.

3. Wastewater discharges and the sludges incidental to and 

generated by treatment which are point sources subject to 

permits granted under Section 402 of the Water Pollution 

Control Act, as amended (P.L. 92-500), and permits granted 

under G.S. 143-215.1 by the Environmental Management 

Commission. Commission, including coal combustion 

products. However, any sludges that meet the criteria for 

hazardous waste under RCRA shall also be a solid waste for 

the purposes of this Article.

...."

SECTION 3.(e) The initial members of the Coal Ash Management Commission 

established pursuant to G.S. 130A-309.202, as enacted by Section 3(a) of this act, whose 

qualifications are described in subdivisions (3), (4), and (9) of G.S. 130A-309.202(b), shall be 

appointed for an initial term of two years beginning effective July 1, 2014, and subsequent 

appointments shall be for six-year terms. The initial members of the Coal Ash Management 

Commission established pursuant to G.S. 130A-309.202, as enacted by Section 3(a) of this act, 

whose qualifications are described in subdivisions (1), (6), and (8) of G.S. 130A-309.202(b), 

shall be appointed for an initial term of four years beginning effective July 1, 2014, and 

subsequent appointments shall be for six-year terms. The initial members of the Coal Ash 

Management Commission established pursuant to G.S. 130A-309.202, as enacted by Section 

3(a) of this act, whose qualifications are described in subdivisions (2), (5), and (7) of 

G.S. 130A-309.202(b), shall be appointed for an initial term of six years beginning effective 

July 1, 2014, and subsequent appointments shall be for six-year terms.

SECTION 3.(f) This section is effective when it becomes law. G.S. 130A-309.202, 

as enacted by Section 3(a) of this act, is repealed June 30, 2030. Subpart 3 of Part 2I of Article 

9 of the General Statutes, as enacted by Section 3(a) of this act, applies to the use of coal 

combustion products as structural fill contracted for on or after that date. The first report due 

under G.S. 130A-309.210, as enacted by Section 3(a) of this act, is due November 1, 2014.

Members to be appointed pursuant to G.S. 130A-309.202(b), as enacted by Section 3(a) of this 

act, shall be appointed no later than October 1, 2014.

PART III. MORATORIUMS AND STUDY ON (1) USE OF COAL COMBUSTION 

PRODUCTS AS STRUCTURAL FILL AND (2) CONSTRUCTION OR EXPANSION 

OF COMBUSTION PRODUCTS LANDFILLS

SECTION 4.(a) Notwithstanding 15A NCAC 13B .1701, et seq., and except as 

provided in Section 4(b) of this act, the use of coal combustion products, as defined in 
Page 32 S729 [Ratified]

G.S. 130A-309.201, as structural fill is prohibited until August 1, 2015, in order to allow the 

Department of Environment and Natural Resources, the Environmental Management 

Commission, and the General Assembly time to review and evaluate the use of coal 

combustion residuals as structural fill.

SECTION 4.(b) Coal combustion products may be used as structural fill for any of 

the following types of projects:

(1) A project where the structural fill is used with a base liner, leachate 

collection system, cap liner, or groundwater monitoring system and where 

the constructor or operator establishes financial assurance, as required by 

G.S. 130A–309.217.

(2) As the base or sub-base of a concrete or asphalt paved road constructed 

under the authority of a public entity.

SECTION 4.(c) The use of coal combustion products (i) as structural fill as 

authorized by Section 4(b) of this act shall be conducted in accordance with the requirements of 

Subpart 3 of Part 2I of Article 9 of the General Statutes, as enacted by Section 3(a) of this act, 

and (ii) for other beneficial uses shall be conducted in accordance with the requirements of 

Section .1700 of Subchapter B of Chapter 13 of Title 15A of the North Carolina Administrative 

Code (Requirements for Beneficial Use of Coal Combustion By-Products) and Section .1205 of 

Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative Code (Coal 

Combustion Products Management), as applicable.

SECTION 4.(d) The Department of Environment and Natural Resources and the 

Environmental Management Commission shall jointly review Subpart 3 of Part 2I of Article 9 

of the General Statutes, as enacted by Section 3(a) of this act, and 15A NCAC 13B .1701, et 

seq. In conducting this review, the Department and Commission shall do all of the following:

(1) Review the uses of coal combustion products as structural fill and the 

regulation of this use under Subpart 3 of Part 2I of Article 9 of the General 

Statutes, as enacted by Section 3(a) of this act, to determine if the 

requirements are sufficient to protect public health, safety, and welfare; the 

environment; and natural resources.

(2) Review the uses of coal combustion products for other beneficial uses and 

the regulation of these uses under Section .1700 of Subchapter B of Chapter 

13 of Title 15A of the North Carolina Administrative Code (Requirements 

for Beneficial Use of Coal Combustion By-Products) and Section .1200 of 

Subchapter T of Chapter 2 of Title 15A of the North Carolina Administrative 

Code (Coal Combustion Products Management), and other applicable rules, 

to determine if the rules are sufficient to protect public health, safety, and 

welfare; the environment; and natural resources.

(3) Evaluate additional opportunities for the use of coal combustion products as 

structural fill and for other beneficial uses that would reduce the volume of 

coal combustion residuals that are being disposed of in coal combustion 

residuals landfills, industrial landfills, or municipal solid waste landfills 

while still being protective of public health, safety, and welfare; the 

environment; and natural resources.

(4) Monitor any actions of the United States Environmental Protection Agency 

regarding the use of coal combustion products as structural fill or for other 

beneficial uses.

(5) Jointly report to the Environmental Review Commission no later than 

January 15, 2015, on their findings and recommendations regarding the use 

of coal combustion products as structural fill and for other beneficial uses.

SECTION 4.(e) All electric generating facilities owned by a public utility that 

produce coal combustion residuals and coal combustion products shall issue a request for 

proposals on or before December 31, 2014, for (i) the conduct of a market analysis for the 

concrete industry and other industries that might beneficially use coal combustion residuals and 

coal combustion products; (ii) the study of the feasibility and advisability of installation of 

technology to convert existing and newly generated coal combustion residuals to 

commercial-grade coal combustion products suitable for use in the concrete industry and other 

industries that might beneficially use coal combustion residuals; and (iii) an examination of all 

innovative technologies that might be applied to diminish, recycle or reuse, or mitigate the 

impact of existing and newly generated coal combustion residuals. All electric generating 
S729 [Ratified] Page 33

facilities shall present the materials and information received in response to a request for 

proposals issued pursuant to this section and an assessment of the materials and information, 

including a forecast of specific actions to be taken in response to the materials and information 

received, to the Environmental Management Commission and the Coal Ash Management 

Commission on or before August 1, 2016.

SECTION 4.(f) This section is effective when it becomes law and applies to the 

use of coal combustion residuals as structural fill contracted for on or after that date.

SECTION 5.(a) There is hereby established a moratorium on construction of new 

or expansion of existing coal combustion residuals landfills, as defined by G.S. 130A-290(2c) 

and amended by Section 3(d) of this act. The purpose of this moratorium is to allow the State to 

assess the risks to public health, safety, and welfare; the environment; and natural resources of 

coal combustion residuals impoundments located beneath coal combustion residuals landfills to 

determine the advisability of continued operation of these landfills.

SECTION 5.(b) The Department of Environment and Natural Resources shall 

evaluate each coal combustion residuals landfill currently operating in the State and, in 

particular, assess the risks to public health, safety, and welfare; the environment; and natural 

resources, of coal combustion residuals surface impoundments located beneath coal 

combustion residuals landfills to determine the advisability of continued operation of these 

landfills. The Department shall report to the Environmental Review Commission no later than 

January 15, 2015, on its findings and recommendations concerning the risk assessment of each 

of these sites and the advisability of continued operation of coal combustion residuals landfills.

SECTION 5.(c) This section is effective when it becomes law and expires August 

1, 2015.

PART IV. STRENGTHEN THE REPORTING AND NOTIFICATION 

REQUIREMENTS APPLICABLE TO DISCHARGES OF WASTEWATER TO 

WATERS OF THE STATE; REQUIRE CERTAIN EMERGENCY CALLS TO BE 

RECORDED

SECTION 6.(a) G.S. 143-215.1C reads as rewritten:

"§ 143-215.1C. Report to wastewater system customers on system performance; report 

discharge of untreated wastewater to the Department; publication of notice of 

discharge of untreated wastewater and waste.

(a) Report to Wastewater System Customers. – The owner or operator of any 

wastewater collection or treatment works, the operation of which is primarily to collect or treat 

municipal or domestic wastewater and for which a permit is issued under this Part and having 

an average annual flow greater than 200,000 gallons per day, shall provide to the users or 

customers of the collection system or treatment works and to the Department an annual report 

that summarizes the performance of the collection system or treatment works and the extent to 

which the collection system or treatment works has violated the permit or federal or State laws, 

regulations, or rules related to the protection of water quality. The report shall be prepared on 

either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of 

the calendar or fiscal year.

(a1) Report Discharge of Untreated Wastewater to the Department. – The owner or 

operator of any wastewater collection or treatment works for which a permit is issued under 

this Part shall report a discharge of 1,000 gallons or more of untreated wastewater to the 

surface waters of the State to the Department as soon as practicable, but no later than 24 hours 

after the owner or operator has determined that the discharge has reached the surface waters of 

the State. This reporting requirement shall be in addition to any other reporting requirements 

applicable to the owner or operator of the wastewater collection or treatment works.

(b) Publication of Notice of Discharge of Untreated Wastewater. – The owner or 

operator of any wastewater collection or treatment works, the operation of which is primarily to 

collect or treat municipal or domestic wastewater and for which a permit is issued under this 

Part shall:

(1) In the event of a discharge of 1,000 gallons or more of untreated wastewater 

to the surface waters of the State, issue a press release to all print and 

electronic news media that provide general coverage in the county where the 

discharge occurred setting out the details of the discharge. The owner or 

operator shall issue the press release within 48 24 hours after the owner or 

operator has determined that the discharge has reached the surface waters of 
Page 34 S729 [Ratified]

the State. The owner or operator shall retain a copy of the press release and a 

list of the news media to which it was distributed for at least one year after 

the discharge and shall provide a copy of the press release and the list of the 

news media to which it was distributed to any person upon request.

(2) In the event of a discharge of 15,000 gallons or more of untreated 

wastewater to the surface waters of the State, publish a notice of the 

discharge in a newspaper having general circulation in the county in which 

the discharge occurs and in each county downstream from the point of 

discharge that is significantly affected by the discharge. The Secretary shall 

determine, at the Secretary's sole discretion, which counties are significantly 

affected by the discharge and shall approve the form and content of the 

notice and the newspapers in which the notice is to be published. The notice 

shall be captioned "NOTICE OF DISCHARGE OF UNTREATED 

SEWAGE". The owner or operator shall publish the notice within 10 days 

after the Secretary has determined the counties that are significantly affected 

by the discharge and approved the form and content of the notice and the 

newspapers in which the notice is to be published. The owner or operator 

shall file a copy of the notice and proof of publication with the Department 

within 30 days after the notice is published. Publication of a notice of 

discharge under this subdivision is in addition to the requirement to issue a 

press release under subdivision (1) of this subsection.

(c) Publication of Notice of Discharge of Untreated Waste. – The owner or operator of 

any wastewater collection or treatment works, other than a wastewater collection or treatment 

works the operation of which is primarily to collect or treat municipal or domestic wastewater, 

for which a permit is issued under this Part shall:

(1) In the event of a discharge of 1,000 gallons or more of untreated waste to the 

surface waters of the State, issue a press release to all print and electronic 

news media that provide general coverage in the county where the discharge 

occurred setting out the details of the discharge. The owner or operator shall 

issue the press release within 48 24 hours after the owner or operator has 

determined that the discharge has reached the surface waters of the State. 

The owner or operator shall retain a copy of the press release and a list of the 

news media to which it was distributed for at least one year after the 

discharge and shall provide a copy of the press release and the list of the 

news media to which it was distributed to any person upon request.

(2) In the event of a discharge of 15,000 gallons or more of untreated waste to 

the surface waters of the State, publish a notice of the discharge in a 

newspaper having general circulation in the county in which the discharge 

occurs and in each county downstream from the point of discharge that is 

significantly affected by the discharge. The Secretary shall determine, at the 

Secretary's sole discretion, which counties are significantly affected by the 

discharge and shall approve the form and content of the notice and the 

newspapers in which the notice is to be published. The notice shall be 

captioned "NOTICE OF DISCHARGE OF UNTREATED WASTE". The 

owner or operator shall publish the notice within 10 days after the Secretary 

has determined the counties that are significantly affected by the discharge 

and approved the form and content of the notice and the newspapers in 

which the notice is to be published. The owner or operator shall file a copy 

of the notice and proof of publication with the Department within 30 days 

after the notice is published. Publication of a notice of discharge under this 

subdivision is in addition to the requirement to issue a press release under 

subdivision (1) of this subsection."

SECTION 6.(b) Section 6(a) of this act becomes effective October 1, 2014.

SECTION 6.(c) G.S. 166A-19.12(16) reads as rewritten:

"(16) Establishing and operating a 24-hour Operations Center to serve as a single 

point of contact for local governments to report the occurrence of emergency 

and disaster events and to coordinate local and State response assets. The 

Division shall record all telephone calls to the 24-hour Operations Center 
S729 [Ratified] Page 35

emergency hotline and shall maintain the recording of each telephone call 

for at least one year."

PART V. REQUIRE NOTIFICATION OF THE DEPARTMENT OF EMERGENCY 

DAM REPAIRS; REQUIRE EMERGENCY ACTION PLANS FOR CERTAIN DAMS; 

REQUIRE INSPECTION OF DAMS AT COAL COMBUSTION RESIDUALS 

SURFACE IMPOUNDMENTS

SECTION 7. G.S. 143-215.27 reads as rewritten:

"§ 143-215.27. Repair, alteration, or removal of dam.

(a) Before commencing the repair, alteration or removal of a dam, application shall be 

made for written approval by the Department, except as otherwise provided by this Part. The 

application shall state the name and address of the applicant, shall adequately detail the changes 

it proposes to effect and shall be accompanied by maps, plans and specifications setting forth 

such details and dimensions as the Department requires. The Department may waive any such 

requirements. The application shall give such other information concerning the dam and 

reservoir required by the Department, such information concerning the safety of any change as 

it may require, and shall state the proposed time of commencement and completion of the 

work. When an application has been completed it may be referred by the Department for 

agency review and report, as provided by subsection (b) of G.S. 143-215.26 in the case of 

original construction.

(b) When emergency repairs are necessary to safeguard life and property they may be 

started immediately but the Department shall be notified forthwith of the proposed repairs and 

of the work under way, and theyunderway as soon as possible, but not later than 24 hours after 

first knowledge of the necessity for the emergency repairs, and the emergency repairs shall be 

made to conform to its the Department's orders."

SECTION 7.1. Part 3 of Article 21 of Chapter 143 of the General Statutes is 

amended by adding a new section to read:

"§ 143-215.27A. Closure of coal combustion residuals surface impoundments to render 

such facilities exempt from the North Carolina Dam Safety Law of 1967.

(a) Decommissioning Request. – The owner of a coal combustion residuals surface 

impoundment, as defined by G.S. 130A-309.201, that seeks to decommission the impoundment

shall submit a Decommissioning Request to the Division of Energy, Mineral, and Land 

Resources of the Department requesting that the facility be decommissioned. The

Decommissioning Request shall include, at a minimum, all of the following:

(1) A proposed geotechnical investigation plan scope of work. Upon preliminary 

plan approval pursuant to subsection (b) of this section, the owner shall 

proceed with necessary field work and submit a geotechnical report with 

site-specific field data indicating that the containment dam and material 

impounded by the containment dam are stable, and that the impounded 

material is not subject to liquid flow behavior under expected static and 

dynamic loading conditions. Material testing should be performed along the 

full extent of the containment dam and in a pattern throughout the area of 

impounded material.

(2) A topographic map depicting existing conditions of the containment dam 

and impoundment area at two-foot contour intervals or less.

(3) If the facility contains areas capable of impounding by topography, a breach 

plan must be included that ensures that there shall be no place within the 

facility capable of impounding. The breach plan shall include, at a minimum,

proposed grading contours superimposed on the existing topographic map as 

well as necessary engineering calculations, construction details, and 

construction specifications.

(4) A permanent vegetation and stabilization or capping plan by synthetic liner 

or other means, if needed. These plans shall include at minimum, proposed 

grading contours superimposed on the existing topographic map where 

applicable as well as necessary engineering calculations, construction 

details, construction specifications, and all details for the establishment of 

surface area stabilization.

(5) A statement indicating that the impoundment facility has not received 

sluiced coal combustion residuals for at least three years and that there are 
Page 36 S729 [Ratified]

no future plans to place coal combustion residuals in the facility by sluicing 

methods. The Division of Energy, Mineral, and Land Resources may waive 

the three-year requirement if proper evidence is presented by a North 

Carolina registered professional engineer indicating that the impounded 

material is not subject to liquid flow behavior.

(b) Preliminary Review and Approval. – The Decommissioning Request shall undergo 

a preliminary review by the Division for completeness and approval of the proposed 

geotechnical investigation plan scope of work. The owner shall be notified by letter with results 

of the preliminary review, including approval or revision requests relative to the proposed 

scope of work included in the geotechnical investigation plan. Upon receipt of a letter issued by 

the Division approving the preliminary geotechnical plan scope of work, the owner may 

proceed with field work and development of the geotechnical report.

(c) Final Determination and Approval. – Upon receipt of the geotechnical report, the 

Division shall complete the submittal review as provided in this subsection.

(1) If it is determined that sufficient evidence has been presented to clearly show 

that the facility no longer functions as a dam in its current state, a letter 

decommissioning the facility shall be issued by the Division, and the facility 

shall no longer be under jurisdiction of the Dam Safety Law of 1967.

(2) If modifications such as breach construction or implementation of a 

permanent vegetation or surface lining plan are needed, such plans shall be 

reviewed per standard procedures for consideration of a letter of approval to 

modify or breach.

(3) If approved, such plans shall follow standard procedure for construction,

including construction supervision by a North Carolina registered 

professional engineer, as-built submittal by a North Carolina registered 

professional engineer, and follow up final inspection by the Division.

(4) Final approval shall be issued by the Division in the form of a letter 

decommissioning the facility, and the facility shall no longer be under 

jurisdiction of the Dam Safety Law of 1967."

SECTION 8.(a) G.S. 143-215.31 reads as rewritten:

"§ 143-215.31. Supervision over maintenance and operation of dams.

(a) The Commission shall have jurisdiction and supervision over the maintenance and 

operation of dams to safeguard life and property and to satisfy minimum streamflow 

requirements. The Commission may adopt standards for the maintenance and operation of 

dams as may be necessary for the purposes of this Part. The Commission may vary the

standards applicable to various dams, giving due consideration to the minimum flow 

requirements of the stream, the type and location of the structure, the hazards to which it may 

be exposed, and the peril of life and property in the event of failure of a dam to perform its 

function.

(a1) The owner of a dam classified by the Department as a high-hazard dam or an 

intermediate-hazard dam shall develop an Emergency Action Plan for the dam as provided in 

this subsection.

(1) The owner of the dam shall submit a proposed Emergency Action Plan for 

the dam within 90 days after the dam is classified as a high-hazard dam or an 

intermediate-hazard dam to the Department and the Department of Public 

Safety for their review and approval. The Department and the Department of 

Public Safety shall approve the Emergency Action Plan if they determine 

that it complies with the requirements of this subsection and will protect 

public health, safety, and welfare; the environment; and natural resources.

(2) The Emergency Action Plan shall include, at a minimum, all of the 

following:

a. A description of potential emergency conditions that could occur at 

the dam, including security risks.

b. A description of actions to be taken in response to an emergency 

condition at the dam.

c. Emergency notification procedures to aid in warning and evacuations 

during an emergency condition at the dam.

d. A downstream inundation map depicting areas affected by a dam 

failure and sudden release of the impoundment.
S729 [Ratified] Page 37

(3) The owner of the dam shall update the Emergency Action Plan annually and 

shall submit it to the Department and the Department of Public Safety for 

their review and approval within one year of the prior approval.

(4) The Department shall provide a copy of the Emergency Action Plan to the 

regional offices of the Department that might respond to an emergency 

condition at the dam.

(5) The Department of Public Safety shall provide a copy of the Emergency 

Action Plan to all local emergency management agencies that might respond 

to an emergency condition at the dam.

(6) Information included in an Emergency Action Plan that constitutes sensitive 

public security information, as provided in G.S. 132-1.7, shall be maintained 

as confidential information and shall not be subject to disclosure under the 

Public Records Act. For purposes of this section, "sensitive public security 

information" shall include Critical Energy Infrastructure Information 

protected from disclosure under rules adopted by the Federal Energy 

Regulatory Commission in 18 C.F.R. § 333.112.

...."

SECTION 8.(b) Notwithstanding G.S. 143-215.31, as amended by Section 8(a) of 

this act, the owners of all high-hazard dams and intermediate-hazard dams in operation on the 

effective date of this act shall submit their proposed Emergency Action Plans to the Department 

of Environment and Natural Resources and the Department of Public Safety no later than 

March 1, 2015.

SECTION 8.(c) G.S. 143-215.30 reads as rewritten:

"§ 143-215.30. Notice of completion; certification of final approval.approval; notice of 

transfer.

(a) Immediately upon completion, enlargement, repair, alteration or removal of a dam, 

notice of completion shall be given the Commission. As soon as possible thereafter 

supplementary drawings or descriptive matter showing or describing the dam as actually 

constructed shall be filed with the Department in such detail as the Commission may require.

(b) When an existing dam is enlarged, the supplementary drawings and descriptive 

matter need apply only to the new work.

(c) The completed work shall be inspected by the supervising engineers, and upon 

finding that the work has been done as required and that the dam is safe and satisfies minimum 

streamflow requirements, they shall file with the Department a certificate that the work has 

been completed in accordance with approved design, plans, specifications and other 

requirements. Unless the Commission has reason to believe that the dam is unsafe or is not in 

compliance with any applicable rule or law, the Commission shall grant final approval of the 

work in accordance with the certificate, subject to such terms as it deems necessary for the 

protection of life and property.

(d) Pending issuance of the Commission's final approval, the dam shall not be used 

except on written consent of the Commission, subject to conditions it may impose.

(e) The owner of a dam shall provide written notice of transfer to the Department 

within 30 days after title to the dam has been legally transferred. The notice of transfer shall 

include the name and address of the new dam owner."

SECTION 9. Section 3(b) of S.L. 2009-390 reads as rewritten:

"SECTION 3.(b) Any impoundments or other facilities that were in use on the effective 

date of this sectionJanuary 1, 2010, in connection with nonnuclear electric generating facilities

under the jurisdiction of the North Carolina Utilities Commission, and that had been exempted 

under the provisions of G.S. 143-215.25A(4), prior to amendment by Section 3(a) of this act, 

January 1, 2010, shall be deemed to have received all of the necessary approvals from the 

Department of Environment and Natural Resources and the Commission for Dam Safety, and 

shall not be required to submit application, certificate, or other materials in connection with the 

continued normal operation and maintenance of those facilities.Environmental Management 

Commission."

SECTION 10. G.S. 143-215.32 reads as rewritten:

"§ 143-215.32. Inspection of dams.

(a) The Department may at any time inspect any dam, including a dam that is otherwise 

exempt from this Part, upon receipt of a written request of any affected person or agency, or 

upon a motion of the Environmental Management Commission. Within the limits of available 
Page 38 S729 [Ratified]

funds the Department shall endeavor to provide for inspection of all dams at intervals of 

approximately five years.

(a1) Coal combustion residuals surface impoundments, as defined by 

G.S. 130A-309.201, shall be inspected as provided in this subsection:

(1) The Department shall inspect each dam associated with a coal combustion 

residuals surface impoundment at least annually.

(2) The owner of a coal combustion residuals surface impoundment shall inspect 

the impoundment weekly and after storms to detect evidence of any of the 

following conditions:

a. Deterioration, malfunction, or improper operation of spillway control 

systems.

b. Sudden drops in the level of the contents of the impoundment.

c. Severe erosion or other signs of deterioration in dikes or other 

containment devices or structures.

d. New or enlarged seeps along the downstream slope or toe of the dike

or other containment devices or structures.

e. Any other abnormal conditions at the impoundment that could pose a 

risk to public health, safety, or welfare; the environment; or natural 

resources.

(3) If any of the conditions described in subdivision (2) of this subsection are 

observed, the owner shall provide documentation of the conditions to the 

Department and a registered professional engineer. The registered 

professional engineer shall investigate the conditions and, if necessary,

develop a plan of corrective action to be implemented by the owner of the 

impoundment. The owner of the impoundment shall provide documentation 

of the completed corrective action to the Department.

(4) The owner of a coal combustion residuals surface impoundment shall 

provide for the annual inspection of the impoundment by an independent 

registered professional engineer to ensure that the structural integrity and the 

design, operation, and maintenance of the impoundment is in accordance 

with generally accepted engineering standards. Within 30 days of the 

inspection, the owner shall provide to the Department the inspection report 

and a certification by the engineer that the impoundment is structurally 

sound and that the design, operation, and maintenance of the impoundment 

is in accordance with generally accepted engineering standards. The owner 

and the Department shall each place the inspection report and certification 

on a publicly accessible Internet Web site.

(b) If the Department upon inspection finds that any dam is not sufficiently strong, is 

not maintained in good repair or operating condition, is dangerous to life or property, or does 

not satisfy minimum streamflow requirements, the Department shall present its findings to the 

Commission and the Commission may issue an order directing the owner or owners of the dam 

to make at his or her expense maintenance, alterations, repairs, reconstruction, change in 

construction or location, or removal as may be deemed necessary by the Commission within a 

time limited by the order, not less than 90 days from the date of issuance of each order, except 

in the case of extreme danger to the safety of life or property, as provided by subsection (c) of 

this section.

(c) If at any time the condition of any dam becomes so dangerous to the safety of life or 

property, in the opinion of the Environmental Management Commission, as not to permit 

sufficient time for issuance of an order in the manner provided by subsection (b) of this section, 

the Environmental Management Commission may immediately take such measures as may be 

essential to provide emergency protection to life and property, including the lowering of the 

level of a reservoir by releasing water impounded or the destruction in whole or in part of the 

dam or reservoir. The Environmental Management Commission may recover the costs of such 

measures from the owner or owners by appropriate legal action.

(d) An order issued under this Part shall be served on the owner of the dam as provided 

in G.S. 1A-1, Rule 4."
S729 [Ratified] Page 39

PART VI. TRANSFER SOLID WASTE RULE-MAKING AUTHORITY FROM 

COMMISSION FOR PUBLIC HEALTH TO ENVIRONMENTAL MANAGEMENT 

COMMISSION

SECTION 11.(a) G.S. 130A-29 reads as rewritten:

"§ 130A-29. Commission for Public Health – Creation, powers and duties.

...

(c) The Commission shall adopt rules:

(1) Repealed by Session Laws 1983 (Regular Session, 1984), c. 1022, s. 5.

(2) Establishing standards for approving sewage-treatment devices and holding 

tanks for marine toilets as provided in G.S. 75A-6(o).

(3) Establishing specifications for sanitary privies for schools where 

water-carried sewage facilities are unavailable as provided in 

G.S. 115C-522.

(4) Establishing requirements for the sanitation of local confinement facilities as 

provided in Part 2 of Article 10 of Chapter 153A of the General Statutes.

(5) Repealed by Session Laws 1989 (Regular Session, 1990), c. 1075, s. 1.

(5a) Establishing eligibility standards for participation in Department 

reimbursement programs.

(6) Requiring proper treatment and disposal of sewage and other waste from 

chemical and portable toilets.

(7) Establishing statewide health outcome objectives and delivery standards.

(8) Establishing permit requirements for the sanitation of premises, utensils, 

equipment, and procedures to be used by a person engaged in tattooing, as 

provided in Part 11 of Article 8 of this Chapter.

(9) Implementing immunization requirements for adult care homes as provided 

in G.S. 131D-9 and for nursing homes as provided in G.S. 131E-113.

(10) Pertaining to the biological agents registry in accordance with

G.S. 130A-479.

(11) For matters within its jurisdiction that allow for and regulate horizontal 

drilling and hydraulic fracturing for the purpose of oil and gas exploration 

and development.

...."

SECTION 11.(b) G.S. 130A-291.1 reads as rewritten:

"§ 130A-291.1. Septage management program; permit fees.

...

(d) Septage shall be treated and disposed only at a wastewater system that has been 

approved by the Department under rules adopted by the Commission or by the Environmental 

Management Commission or at a site that is permitted by the Department under this section. A 

permit shall be issued only if the site satisfies all of the requirements of the rules adopted by the 

Commission.

...."

SECTION 11.(c) G.S. 130A-294(a)(4) reads as rewritten:

"§ 130A-294. Solid waste management program.

(a) The Department is authorized and directed to engage in research, conduct 

investigations and surveys, make inspections and establish a statewide solid waste management 

program. In establishing a program, the Department shall have authority to:

...

(4) a. Develop a permit system governing the establishment and operation 

of solid waste management facilities. A landfill with a disposal area 

of 1/2 acre or less for the on-site disposal of land clearing and inert 

debris is exempt from the permit requirement of this section and shall 

be governed by G.S. 130A-301.1. Demolition debris from the 

decommissioning of manufacturing buildings, including electric 

generating stations, that is disposed of on the same site as the 

decommissioned buildings, is exempt from the permit requirement of 

this section and rules adopted pursuant to this section and shall be 

governed by G.S. 130A-301.3. The Department shall not approve an 

application for a new permit, the renewal of a permit, or a substantial 

amendment to a permit for a sanitary landfill, excluding demolition 
Page 40 S729 [Ratified]

landfills as defined in the rules of the Commission, except as 

provided in subdivisions (3) and (4) of subsection (b1) of this 

section. No permit shall be granted for a solid waste management 

facility having discharges that are point sources until the Department 

has referred the complete plans and specifications to the 

Environmental Management Commission and has received advice in 

writing that the plans and specifications are approved in accordance 

with the provisions of G.S. 143-215.1. In any case where the 

Department denies a permit for a solid waste management facility, it 

shall state in writing the reason for denial and shall also state its 

estimate of the changes in the applicant's proposed activities or plans 

that will be required for the applicant to obtain a permit.

b. Repealed by Session Laws 2007-550, s. 1(a), effective August 1, 

2007.

c. The Department shall deny an application for a permit for a solid 

waste management facility if the Department finds that:

1. Construction or operation of the proposed facility would be 

inconsistent with or violate rules adopted by the Commission.

2. Construction or operation of the proposed facility would 

result in a violation of water quality standards adopted by the 

Environmental Management Commission pursuant to 

G.S. 143-214.1 for waters, as defined in G.S. 143-213.

3. Construction or operation of the facility would result in 

significant damage to ecological systems, natural resources, 

cultural sites, recreation areas, or historic sites of more than 

local significance. These areas include, but are not limited to, 

national or State parks or forests; wilderness areas; historic 

sites; recreation areas; segments of the natural and scenic 

rivers system; wildlife refuges, preserves, and management 

areas; areas that provide habitat for threatened or endangered 

species; primary nursery areas and critical fisheries habitat 

designated by the Marine Fisheries Commission; and 

Outstanding Resource Waters designated by the 

Environmental Management Commission.

...."

SECTION 11.(d) G.S. 130A-300 reads as rewritten:

"§ 130A-300. Effect on laws applicable to water pollution control.

This Article shall not be considered as amending, repealing or in any manner abridging or 

interfering with those sections of the General Statutes of North Carolina relative to the control 

of water pollution as now administered by the Environmental Management Commission nor 

shall the provisions of this Article be construed as being applicable to or in any way affecting 

the authority of the Environmental Management Commission to control the discharges of 

wastes to the waters of the State as provided in Articles 21 and 21A, Chapter 143 of the 

General Statutes."

SECTION 11.(e) G.S. 130A-302 reads as rewritten:

"§ 130A-302. Sludge deposits at sanitary landfills.

Sludges generated by the treatment of wastewater discharges which are point sources 

subject to permits granted under Section 402 of the Federal Water Pollution Act, as amended 

(P.L. 92-500), or permits generated under G. S. 143-215.1 by the Environmental Management 

Commission shall not be deposited in or on a sanitary landfill permitted under this Article 

unless in a compliance with the rules concerning solid waste adopted under this Article."

SECTION 11.(f) G.S. 130A-310.3 reads as rewritten:

"§ 130A-310.3. Remedial action programs for inactive hazardous substance or waste 

disposal sites.

...

(b) Where possible, the Secretary shall work cooperatively with any owner, operator, 

responsible party, or any appropriate agency of the State or federal government to develop and 

implement the inactive hazardous substance or waste disposal site remedial action program. 

The Secretary shall not take action under this section to the extent that the Environmental 
S729 [Ratified] Page 41

Management Commission, the Commissioner of Agriculture, or the Pesticide Board has 

assumed jurisdiction pursuant to Articles 21 or 21A of Chapter 143 of the General Statutes.

...

(d) In any inactive hazardous substance or waste disposal site remedial action program 

implemented hereunder, the Secretary shall ascertain the most nearly applicable cleanup 

standard as would be applied under CERCLA/SARA, and may seek federal approval of any 

such program to insure concurrent compliance with federal standards. State standards may 

exceed and be more comprehensive than such federal standards. The Secretary shall assure 

concurrent compliance with applicable standards set by the Environmental Management 

Commission.

...."

SECTION 11.(g) G.S. 130A-310.4(g) reads as rewritten:

"(g) The Commission on Health Services [Commission for Public Health] shall adopt 

rules prescribing the form and content of the notices required by this section. The proposed 

remedial action plan shall include a summary of all alternatives considered in the development 

of the plan. A record shall be maintained of all comment received by the Department regarding 

the remedial action plan."

SECTION 11.(h) G.S. 130A-310.31(b)(5) reads as rewritten:

"(5) "Unrestricted use standards" when used in connection with "cleanup", 

"remediated", or "remediation" means contaminant concentrations for each 

environmental medium that are considered acceptable for all uses and that 

comply with generally applicable standards, guidance, or established 

methods governing the contaminants that are established by statute or 

adopted, published, or implemented by the Environmental Management 

Commission, the Commission, Commission or the Department instead of the 

site-specific contaminant levels established pursuant to this Part."

SECTION 11.(i) G.S. 130A-310.65 reads as rewritten:

"§ 130A-310.65. Definitions.

As used in this Part:

(1) "Background standard" means the naturally occurring concentration of a 

substance in the absence of the release of a contaminant.

(2) "Commission" means the Environmental Management Commission created 

pursuant to G.S. 143B-282.

...

(12) "Unrestricted use standards" means contaminant concentrations for each 

environmental medium that are acceptable for all uses; that are protective of 

public health, safety, and welfare and the environment; and that comply with 

generally applicable standards, guidance, or methods established by statute 

or adopted, published, or implemented by the Commission, the Commission 

for Public Health,Commission or the Department."

SECTION 11.(j) G.S. 113-391(a)(5)f. reads as rewritten:

"f. Management of wastes produced in connection with oil and gas 

exploration and development and use of horizontal drilling and 

hydraulic fracturing treatments for that purpose. Such rules shall 

address storage, transportation, and disposal of wastes that may 

contain radioactive materials or wastes that may be toxic or have 

other hazardous wastes' characteristics that are not otherwise 

regulated as a hazardous waste by the federal Resource Conservation 

and Recovery Act (RCRA), such as top-hole water, brines, drilling 

fluids, additives, drilling muds, stimulation fluids, well servicing 

fluids, oil, production fluids, and drill cuttings from the drilling, 

alteration, production, plugging, or other activity associated with oil 

and gas wells. Wastes generated in connection with oil and gas 

exploration and development and use of horizontal drilling and 

hydraulic fracturing treatments for that purpose that constitute 

hazardous waste under RCRA shall be subject to rules adopted by the 

Environmental Management Commission for Public Health to 

implement RCRA requirements in the State."

SECTION 11.(k) G.S. 113-415 reads as rewritten:
Page 42 S729 [Ratified]

"§ 113-415. Conflicting laws.

No provision of this Article shall be construed to repeal, amend, abridge or otherwise 

affect: (i) affect the authority and responsibilityresponsibility (i) vested in the Environmental 

Management Commission by Article 7 of Chapter 87 of the General Statutes, pertaining to the 

location, construction, repair, operation and abandonment of wells, or the authority and 

responsibility wells; (ii) vested in the Environmental Management Commission related to the 

control of water and air pollution as provided in Articles 21 and 21A of Chapter 143 of the 

General Statutes; or (ii) the authority or responsibility(iii) vested in the Department and the 

Environmental Management Commission for Public Health by Article 10 of Chapter 130A of 

the General Statutes pertaining to public water-supply requirements,requirements; or the 

authority and responsibility(iv) vested in the Environmental Management Commission for 

Public Health related to the management of solid and hazardous waste as provided in Article 9 

of Chapter 130A of the General Statutes."

SECTION 11.(l) The Revisor of Statutes shall make any conforming statutory 

changes necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 

130A of the General Statutes from the Commission for Public Health to the Environmental 

Management Commission.

SECTION 11.(m) The Codifier of Rules shall make any conforming rule changes 

necessary to reflect the transfer of rule-making authority under Article 9 of Chapter 130A of 

the General Statutes from the Commission for Public Health to the Environmental Management 

Commission.

PART VII. AMEND COMPLIANCE BOUNDARY PROVISIONS

SECTION 12.(a) G.S. 143-215.1 reads as rewritten:

"§ 143-215.1. Control of sources of water pollution; permits required.

...

(i) Any person subject to the requirements of this section who is required to obtain an 

individual permit from the Commission for a disposal system under the authority of 

G.S. 143-215.1 or Chapter 130A of the General Statutes shall have a compliance boundary as 

may be established by rule or permit for various categories of disposal systems and beyond 

which groundwater quality standards may not be exceeded. The location of the compliance 

boundary shall be established at the property boundary, except as otherwise established by the 

Commission. Multiple contiguous properties under common ownership and permitted for use 

as a disposal system shall be treated as a single property with regard to determination of a 

compliance boundary under this subsection. Nothing in this subsection shall be interpreted to 

require a revision to an existing compliance boundary previously approved by rule or 

permit.boundary.

(j) When operation of a disposal system permitted under this section results in an 

exceedance of the groundwater quality standards adopted in accordance with G.S. 143-214.1, 

the Commission shall require that the exceedances within the compliance boundary be 

remedied through cleanup, recovery, containment, or other response only when any of the 

following conditions occur:

(1) A violation of any water quality standard in adjoining classified waters of 

the State occurs or can be reasonably predicted to occur considering 

hydrogeological conditions, modeling, or any other available evidence.

(2) An imminent hazard or threat to the environment, public health, or safety 

exists.

(3) A violation of any standard in groundwater occurring in the bedrock, 

including limestone aquifers in Coastal Plain sediments, unless it can be 

demonstrated that the violation will not adversely affect, or have the 

potential to adversely affect, a water supply well.

(k) Where operation of a disposal system permitted under this section results in 

exceedances of the groundwater quality standards at or beyond the compliance boundary 

established under subsection (i) of this section, exceedances shall be remedied through cleanup, 

recovery, containment, or other response as directed by the Commission.boundary, the

Commission shall require the permittee to undertake corrective action, without regard to the 

date that the system was first permitted, to restore the groundwater quality by assessing the 

cause, significance, and extent of the violation of standards and submit the results of the 

investigation and a plan and proposed schedule for corrective action to the Director or the 
S729 [Ratified] Page 43

Director's designee. The permittee shall implement the plan as approved by, and in accordance 

with, a schedule established by the Director or the Director's designee. In establishing a 

schedule the Director or the Director's designee shall consider any reasonable schedule 

proposed by the permittee."

SECTION 12.(b) Section 46(b) of S.L. 2013-413 is repealed.

SECTION 12.(c) The Environmental Management Commission shall review the 

compliance boundary and corrective action provisions of Subchapter 2L of Title 15A of the 

North Carolina Administrative Code for clarity and internal consistency. The Commission 

shall report the results of its review, including any recommendations, to the Environmental 

Review Commission no later than December 1, 2014.

PART VIII. OTHER STUDIES

SECTION 13.(a) The Coal Ash Management Commission, established pursuant to 

G.S. 130A-309.202, as enacted by Section 3(a) of this act, shall study whether and under what 

circumstances no further action or natural attenuation is appropriate for a coal combustion 

residuals surface impoundment that is classified as low-risk pursuant to G.S. 130A-309.211, as 

enacted by Section 3(a) of this act. In conducting this study, the Commission shall specifically 

consider whether there is any contact or interaction between coal combustion residuals and 

groundwater and surface water, whether the area has reverted to a natural state as evidenced by 

the presence of wildlife and vegetation, and whether no further action or natural attenuation 

would be protective of public health, safety, and welfare; the environment; and natural 

resources. The Commission shall report the results of its study, including any 

recommendations, to the Environmental Review Commission no later than October 1, 2015.

SECTION 13.(b) The Department of Environment and Natural Resources shall 

review and make recommendations on all deadlines established under Part 2I of Article 9 of 

Chapter 130A of the General Statutes, as enacted by Section 3(a) of this act. At a minimum, the 

Department shall identify all permits that may be required for closure requirements established 

under this act and expected time frames for issuance of these permits. The Department shall 

report the results of its study, including any recommendations, to the Environmental Review 

Commission no later than December 1, 2014.

SECTION 13.(c) The Coal Ash Management Commission, established pursuant to 

G.S. 130A-309.202, as enacted by Section 3(a) of this act, shall study how to promote, 

incentivize, and prioritize the beneficial use of coal combustion products over the disposal of 

coal combustion residuals. The Commission shall report the results of its study, including any 

recommendations, to the Environmental Review Commission no later than December 1, 2014.

SECTION 14. The Department of Transportation shall evaluate additional 

opportunities for the use of coal combustion products in the construction and maintenance of 

roads and bridges within the State. The Department shall report the results of its study, 

including any recommendations, to the Environmental Review Commission and the Joint 

Legislative Transportation Oversight Committee no later than December 1, 2014.

PART IX. PROVIDE RESOURCES FOR IMPLEMENTATION OF THIS ACT

SECTION 15.(a) Article 14 of Chapter 62 of the General Statutes is amended by 

adding a new section to read:

"§ 62-302.1. Regulatory fee for combustion residuals surface impoundments.

(a) Fee Imposed. – Each public utility with a coal combustion residuals surface 

impoundment shall pay a regulatory fee for the purpose of defraying the costs of oversight of 

coal combustion residuals. The fee is in addition to the fee imposed under G.S. 62-302. The 

fees collected under this section shall only be used to pay the expenses of the Coal Ash

Management Commission and the Department of Environment and Natural Resources in 

providing oversight of coal combustion residuals.

(b) Rate. – The combustion residuals surface impoundment fee shall be

three-hundredths of one percent (0.03%) of the North Carolina jurisdictional revenues of each 

public utility with a coal combustion residuals surface impoundment. For the purposes of this 

section, the term "North Carolina jurisdictional revenues" has the same meaning as in 

G.S. 62-302.

(c) When Due. – The fee shall be paid in quarterly installments. The fee is payable to 

the Coal Ash Management Commission on or before the 15th of the second month following

the end of each quarter. Each public utility subject to this fee shall, on or before the date the fee 
Page 44 S729 [Ratified]

is due for each quarter, prepare and render a report on a form prescribed by the Commission. 

The report shall state the public utility's total North Carolina jurisdictional revenues for the 

preceding quarter and shall be accompanied by any supporting documentation that the Coal 

Ash Management Commission may by rule require. Receipts shall be reported on an accrual 

basis.

(d) Use of Proceeds. – A special fund in the Office of State Treasurer and the Coal Ash

Management Commission is created. The fees collected pursuant to this section and all other 

funds received by the Coal Ash Management Commission shall be deposited in the Coal 

Combustion Residuals Management Fund. The Fund shall be placed in an interest-bearing 

account, and any interest or other income derived from the Fund shall be credited to the Fund. 

Moneys in the Fund shall only be spent pursuant to appropriation by the General Assembly.

The Commission shall be subject to the provisions of the State Budget Act, except that no 

unexpended surplus of the Coal Combustion Residuals Management Fund shall revert to the 

General Fund. All funds credited to the Fund shall be used only to pay the expenses of the Coal 

Ash Management Commission and the Department of Environment and Natural Resources in 

providing oversight of coal combustion residuals.

(e) Recovery of Fee. – The North Carolina Utilities Commission shall not allow an 

electric public utility to recover this fee from the retail electric customers of the State."

SECTION 15.(b) Notwithstanding G.S. 62-302.1, as enacted by this section, for 

the first two quarters of fiscal year 2014-2015, each public utility shall pay the fee in 

G.S. 62-302.1 on a monthly basis. The fee shall be paid by the 15th of the following month.

SECTION 15.(c) Twenty-five receipt-supported positions are created in the 

Department of Environment and Natural Resources to carry out the duties in Part 2I of Article 9 

of Chapter 130A of the General Statutes. There is appropriated from the Coal Combustion 

Residuals Management Fund the sum of one million seven hundred fifty thousand dollars 

($1,750,000) to the Department of Environment and Natural Resources to support the positions 

for the 2014-2015 fiscal year.

SECTION 15.(d) Five receipt-supported positions are created in the Division of 

Emergency Management of the Department of Public Safety to carry out the duties in 

G.S. 130A-309.202. The funds remaining in the Coal Combustion Residuals Management Fund 

after the appropriation to the Department of Environment and Natural Resources are 

appropriated to the Department of Public Safety for the 2014-2015 fiscal year. These positions 

shall be used to provide assistance to the Coal Ash Management Commission established by 

G.S. 130A-309.202, as enacted by Section 3(a) of this act. The positions shall be assigned in 

the following manner: one of the positions shall be the executive director of the staff, two 

positions shall be assigned as analysts, one position shall be assigned as a technician, and one 

position shall be assigned as administrative. The Division of Emergency Management in the 

Department of Public Safety shall consult with the Chair of the Commission in hiring the staff 

for the Coal Ash Management Commission. The Division of Emergency Management in the 

Department of Public Safety shall provide support to the Commission until the staff of the 

Commission is hired, including the designation of an individual to serve as an interim executive 

director of the staff.

SECTION 15.(e) Subsection (a) of this section becomes effective July 1, 2014, and 

expires April 1, 2030, and applies to jurisdictional revenues earned on or after July 1, 2014, and 

before April 1, 2030. The remainder of this section becomes effective July 1, 2014.

PART X. SPECIFICATIONS FOR USE OF COAL COMBUSTION PRODUCTS IN 

PUBLIC PROCUREMENT

SECTION 16. Article 3 of Chapter 143 of the General Statutes is amended by 

adding a new section to read:

"§ 143-58.6. Specifications for use of coal combustion products.

(a) State Construction Office to Develop Technical Specifications. – The State 

Construction Office shall develop recommended technical specifications for the use of coal 

combustion products that may be utilized in any construction by all State departments, 

institutions, agencies, community colleges, and local school administrative units, other than the 

Department of Transportation. The technical specifications shall address all products used in 

construction, including, but not limited to, the use of coal combustion products in concrete and 

cement products and in construction fill.
S729 [Ratified] Page 45

(b) Department of Transportation to Develop Technical Specifications. – The 

Department of Transportation shall develop recommended technical specifications for the use 

of coal combustion products that may be utilized in any construction by the Department of 

Transportation. The technical specifications shall address all products used in construction, 

including, but not limited to, the use of coal combustion products in concrete and cement 

products and in construction fill.

(c) Specification Factors. – The State Construction Office and the Department of 

Transportation shall consider safety, best practice engineering standards, quality, cost, and

availability of an in-State source of coal combustion products in developing the recommended 

technical specifications pursuant to this section.

(d) Consultation. – The State Construction Office and the Department of Transportation

shall consult with each other in the development of the recommended technical specifications

pursuant to the provisions of this section in order to ensure that the recommended technical 

standards are uniform for similar types of construction. The goal of the Department of 

Administration and the Department of Transportation shall be to increase the usage and 

consumption of coal combustion products in their respective construction projects.

(e) Report of Recommended Specifications. – The State Construction Office and the 

Department of Transportation shall report the recommended technical specifications developed 

pursuant to this section to the Environmental Review Commission and the Joint Legislative

Transportation Oversight Committee on or before February 1, 2015."

PART XI. SEVERABILITY CLAUSE AND EFFECTIVE DATE

SECTION 17. If any provision of this act or its application is held invalid, the 

invalidity does not affect other provisions or applications of this act that can be given effect 

without the invalid provisions or application, and to this end the provisions of this act are 

severable.

SECTION 18. Except as otherwise provided, this act is effective when it becomes 

law.

In the General Assembly read three times and ratified this the 20th day of August, 

2014.

s/ Daniel J. Forest

President of the Senate

s/ Thom Tillis

Speaker of the House of Representatives

_____________________________________

Pat McCrory

Governor

Approved __________.m. this ______________ day of ___________________, 2014