FILED SENATE
Apr 6, 2023
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 673
SESSION 2023 PRINCIPAL CLERK
S D
SENATE BILL DRS35244-BR-5B
Short Title: Water and Wastewater Regulatory Relief Act. (Public)
Sponsors: Senators P. Newton, Sawrey, and Lazzara (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW ALTERNATIVE PEAK DAILY SEWAGE FLOW RATES FOR
3 DESIGN RATE MODELING AND TO REFORM AND SIMPLIFY APPROVAL
4 PROCEDURES FOR CERTAIN WATER TRANSFERS.
5 The General Assembly of North Carolina enacts:
6
7 ALLOW ALTERNATIVE PEAK DAILY SEWAGE FLOW RATES
8 SECTION 1. G.S. 143-215.1 is amended by adding the following new subsections
9 to read:
10 "(f3) The permittee may calculate its wastewater flows for new dwelling units, including
11 units that have yet to be connected and for which they have allocated capacity, at 75 gallons per
12 day per bedroom.
13 (f4) No permits for sewer line extensions shall be issued to wastewater treatment systems
14 owned or operated by municipalities, counties, sanitary districts, or public utilities unless they
15 meet the following requirements:
16 (1) Prior to actual flow exceeding eighty percent (80%) of the system's permitted
17 hydraulic capacity, based on the average flow during the last calendar year,
18 the permittee shall submit an engineering evaluation of their future wastewater
19 treatment, utilization, and disposal needs. This evaluation shall outline plans
20 for meeting future wastewater treatment, utilization, or disposal needs by
21 either expansion of the existing system, elimination or reduction of extraneous
22 flows, or water conservation and shall include the source of funding for the
23 improvements. If expansion is not proposed or is proposed for a later date, a
24 justification shall be made that wastewater treatment needs will be met based
25 on past growth records and future growth projections and, as appropriate, shall
26 include conservation plans or other measures to achieve waste flow
27 reductions.
28 (2) Prior to actual flow exceeding ninety percent (90%) of the system's permitted
29 hydraulic capacity, based on the average flow during the last calendar year,
30 the permittee shall obtain all permits needed for the expansion of the
31 wastewater treatment, utilization, or disposal system and, if construction is
32 needed, submit final plans and specifications for expansion, including a
33 construction schedule. If expansion is not proposed or is proposed for a later
34 date, a justification shall be made that wastewater treatment needs will be met
35 based on past growth records and future growth projections and, as
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1 appropriate, shall include conservation plans or other specific measures to
2 achieve waste flow reductions.
3 (f5) A permittee for a wastewater treatment system located in a county with a projected
4 population growth rate above two percent (2%) annually and operating in compliance with all
5 pollutant discharge standards and not exceeding its 12-month average flow limitation may
6 allocate their system's permitted hydraulic capacity, based on the average flow during the last
7 calendar year, as follows:
8 (1) Up to one hundred ten percent (110%) allocation upon signing a contract for
9 the expansion of the wastewater treatment, utilization, or disposal system
10 within 36 months.
11 (2) Up to one hundred fifteen percent (115%) if the expansion of the wastewater
12 treatment, utilization, or disposal system to increase the system capacity is
13 within 24 months of completion."
14
15 REFORM WATER TRANSFER CERTIFICATION PROCEDURES
16 SECTION 2.(a) G.S. 143-215.22G reads as rewritten:
17 "§ 143-215.22G. Definitions.
18 In addition to the definitions set forth in G.S. 143-212 and G.S. 143-213, the following
19 definitions apply to this Part.
20 (1) "Mainstem" means that Mainstem. – That portion of a river having the same
21 name as a river basin defined in subdivision (1b) of this section. "Mainstem"
22 does not include named or unnamed tributaries.
23 (1a) "Public water system" means any Public water system. – Any unit of local
24 government or large community water system subject to the requirements of
25 G.S. 143-355(l).
26 (1b) "River basin" means any of the following river basins designated on the map
27 entitled "Major River Basins and Sub-basins in North Carolina" and filed in
28 the Office of the Secretary of State on 16 April 1991. The term "river basin"
29 includes any portion of the river basin that extends into another state. Any area
30 outside North Carolina that is not included in one of the river basins listed in
31 this subdivision comprises a separate river basin.
32 a. 1-1 Broad River.
33 b. 2-1 Haw River.
34 c. 2-2 Deep River.
35 d. 2-3 Cape Fear River.
36 e. 2-4 South River.
37 f. 2-5 Northeast Cape Fear River.
38 g. 2-6 New River.
39 h. 3-1 Catawba River.
40 i. 3-2 South Fork Catawba River.
41 j. 4-1 Chowan River.
42 k. 4-2 Meherrin River.
43 l. 5-1 Nolichucky River.
44 m. 5-2 French Broad River.
45 n. 5-3 Pigeon River.
46 o. 6-1 Hiwassee River.
47 p. 7-1 Little Tennessee River.
48 q. 7-2 Tuskasegee (Tuckasegee) River.
49 r. 8-1 Savannah River.
50 s. 9-1 Lumber River.
51 t. 9-2 Big Shoe Heel Creek.
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1 u. 9-3 Waccamaw River.
2 v. 9-4 Shallotte River.
3 w. 10-1 Neuse River.
4 x. 10-2 Contentnea Creek.
5 y. 10-3 Trent River.
6 z. 11-1 New River.
7 aa. 12-1 Albemarle Sound.
8 bb. 13-1 Ocoee River.
9 cc. 14-1 Roanoke River.
10 dd. 15-1 Tar River.
11 ee. 15-2 Fishing Creek.
12 ff. 15-3 Pamlico River and Sound.
13 gg. 16-1 Watauga River.
14 hh. 17-1 White Oak River.
15 ii. 18-1 Yadkin (Yadkin-Pee Dee) River.
16 jj. 18-2 South Yadkin River.
17 kk. 18-3 Uwharrie River.
18 ll. 18-4 Rocky River.
19 (1b) River basin. – The North Carolina portion of the drainages included within the
20 United States Geological Survey accounting units listed in this subdivision.
21 The term "river basin" includes any portion of the river basin that extends into
22 another state. Any area outside North Carolina that is not included in one of
23 the river basins listed in this subdivision comprises a separate river basin.
24 a. 030101 Roanoke River, which includes the following subbasins:
25 03010102, 03010103, 03010104, 03010106, and 03010107.
26 b. 030102 Pasquotank and rivers other than the Roanoke and Chowan
27 draining into Albemarle Sound, which includes the following
28 subbasin: 03010205.
29 c. 030102 Chowan River, which includes the following subbasins:
30 03010201, 03010202, 03010203, and 03010204.
31 d. 030201 Tar-Pamlico, which includes the following subbasins:
32 03020101, 03020102, 03020103, 03020104, and 03020105.
33 e. 030202 Neuse, which includes the following subbasins: 03020201,
34 03020202, 03020203, and 03020204.
35 f. 030203 White Oak, which includes the following subbasins:
36 03020301 and 03020302.
37 g. 030300 Cape Fear River, which includes the following subbasins:
38 03030002, 03030003, 03030004, 03030005, 03030006, and
39 03030007.
40 h. 030401 Yadkin-Pee Dee River, which includes the following
41 subbasins: 03040101, 03040102, 03040103, 03040104, 03040105,
42 03040201, and 03040202.
43 i. 030402 Lumber River, which includes the following subbasins:
44 03040203, 03040204, 03040206, and 03040208.
45 j. 030501 Broad River, which includes the following subbasin:
46 03050105.
47 k. 030501 Catawba River, which includes the following subbasins:
48 03050101, 03050102, and 03050103.
49 l. 030601 Savannah River, which includes the following subbasins:
50 03060101 and 03060102.
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1 m. 050500 New River, which includes the following subbasin:
2 05050001.
3 n. 060101 French Broad River, which includes the following
4 subbasins: 06010105, 06010106, and 06010108.
5 o. 060101 Watauga River, which includes the following subbasin:
6 06010103.
7 p. 060102 Little Tennessee River, which includes the following
8 subbasins: 06010202, 06010203, and 06010204.
9 q. 060200 Hiwassee River, which includes the following subbasins:
10 06020002 and 06020003.
11 (1c) Subbasin. – The eight-digit cataloging units of the United States Geologic
12 Survey as set forth in subdivision (1b) of this section.
13 (2) "Surface water" means any Surface water. – Any of the waters of the State
14 located on the land surface that are not derived by pumping from groundwater.
15 (3) "Transfer" means the Transfer. – The withdrawal, diversion, or pumping of
16 surface water from one river basin or subbasin and discharge of all or any part
17 of the water in a river basin or subbasin different from the origin. However,
18 notwithstanding the river basin definitions in G.S. 143-215.22G(1b),
19 subdivision (1b) of this section or the subbasin definitions in subdivision (1c)
20 of this section, the following are not transfers under this Part:
21 a. The discharge of water upstream from the point where it is withdrawn.
22 b. The discharge of water downstream from the point where it is
23 withdrawn."
24 SECTION 2.(b) G.S. 143-215.22H reads as rewritten:
25 "§ 143-215.22H. Registration of water withdrawals and transfers required.
26 (a) Any person who withdraws 100,000 gallons per day or more of water from the surface
27 or groundwaters of the State or who transfers 100,000 gallons per day or more of water from one
28 river basin or subbasin to another shall register the withdrawal or transfer with the Commission.
29 A person registering a water withdrawal or transfer shall provide the Commission with the
30 following information:
31 (1) The maximum daily amount of the water withdrawal or transfer expressed in
32 thousands of gallons per day.
33 (1a) The monthly average withdrawal or transfer expressed in thousands of gallons
34 per day.
35 (2) The location of the points of withdrawal and discharge and the capacity of
36 each facility used to make the withdrawal or transfer.
37 (3) The monthly average discharge expressed in thousands of gallons per day.
38 (4) For transfers of 2,000,000 gallons of water or more per day, the registrant shall
39 submit a water balance for the water system with a 50-year planning horizon
40 beginning with the current year, the name of the water system owning the pipe
41 transferring water across the basin boundary, the daily raw water withdrawals
42 or purchase amounts in million-gallons of water per day (MGD), the average
43 daily or maximum daily wastewater discharge for each basin in MGD, the
44 total water returned to the source basin, and the estimated water being
45 transferred. The data used to determine the water balance shall align with the
46 Local Water Supply plan required in G.S. 143-355(l).
47 …
48 (f) Any person who transfers 2,000,000 gallons of water or more per day shall submit an
49 annual report by February 28 of each year with the daily raw water withdrawals or purchase
50 amounts in MGD, the average daily or maximum daily wastewater discharge for each basin in
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1 MGD, the total water returned to the source basin, and the estimated water being transferred for
2 the previous calendar year."
3 SECTION 2.(c) G.S. 143-215.22L reads as rewritten:
4 "§ 143-215.22L. Regulation of surface water transfers.
5 (a) Certificate Required. Required for Interbasin Transfer. – No person, without first
6 obtaining a certificate from the Commission, may:
7 (1) Initiate a transfer of 2,000,000 5,000,000 gallons of water or more per day,
8 calculated as a daily average of a calendar maximum month and not to exceed
9 3,000,000 7,500,000 gallons per day in any one day, from one river basin or
10 one subbasin to another.
11 (2) Increase the amount of an existing transfer of water from one river basin or
12 one subbasin to another by twenty-five percent (25%) or more above the
13 average daily amount transferred during the year ending 1 July July 1, 1993 if
14 the total transfer including the increase is 2,000,000 7,500,000 gallons or more
15 per day.
16 (3) Increase an existing transfer of water from one river basin to another by
17 2,000,000 gallons of water per day, calculated as a daily average of a calendar
18 maximum month and not to exceed 3,000,000 gallons per day in any one day,
19 above the amount approved by the Commission in a certificate issued under
20 G.S. 162A-7 prior to 1 July July 1, 1993.
21 (4) Increase an existing transfer of water from one subbasin to another subbasin
22 within the same river basin by 5,000,000 gallons of water or more per day,
23 calculated as a daily average of a calendar maximum month, with an increase
24 of no more than 7,500,000 ga