GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 1490*

Short Title:  Environmental Tech. Corr.	(Public)
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Sponsors: Senators Tally; and Sherron.
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Referred to:  Environment and Natural Resources.
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June 4, 1990

A BILL TO BE ENTITLED
AN ACT TO MAKE CLARIFYING, CONFORMING, AND TECHNICAL AMENDMENTS TO VARIOUS LAWS RELATING TO ENVIRONMENT, HEALTH, AND NATURAL RESOURCES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 66-58(b)(2) reads as rewritten:
"(2)	The Department of Human Resources, the Department of Environment, Health, and Natural Resources, or the Department of Agriculture for the sale of serums, vaccines, and other like products."
Sec. 2.  G.S. 90-85.34A(a)(3) reads as rewritten:
"(3)	Only prescription drugs and devices contained in a formulary recommended by the Department of Environment, Health, and Natural Resources and approved by the Board shall be dispensed;".
Sec. 3.  G.S. 104G-21(e) is amended by deleting "(c)”and substituting "(d)".
Sec. 4.  G.S. 113-202.1(c), as enacted by Chapter 423 of the 1989 Session Laws, is amended by deleting "G.S. 113A-202(d)”and inserting in lieu thereof "G.S. 113-202(d)".
Sec. 5.  G.S. 104E-6.1(a) and G.S. 130A-293(g) are amended by deleting the word "landfill”each time it occurs and substituting the word "disposal".
Sec. 6.  G.S. 130A-101 is amended by adding a new subsection to read:
"( g)	Each parent shall provide his or her social security number to the person responsible for preparing and filing the certificate of birth."
Sec. 7.  The catch line of G.S. 130A-291 reads as rewritten:
"§ 130A-291. Division of Solid Waste Management."
Sec. 8.  G.S. 130A-291(a) reads as rewritten:
"(a)	For the purpose of promoting and preserving an environment that is conducive to public health and welfare, and preventing the creation of nuisances and the depletion of our natural resources, the Department shall maintain a Division of Solid Waste Management to promote sanitary processing, treatment, disposal, and statewide management of solid waste and the greatest possible recycling and recovery of resources, and the Department shall employ and retain such qualified personnel as may be necessary to effect such purposes.  It is the purpose and intent of the State to be and remain cognizant not only of its responsibility to authorize and establish the statewide solid waste management program, but also of its responsibility to monitor and supervise, through the Department, the activities and operations of units of local government implementing a permitted solid waste management facility serving a specified geographic area in accordance with a solid waste management plan."
Sec. 9.  G.S. 130A-310.5(c), as amended by Section 4 of Chapter 286 of the 1989 Session Laws, is amended by deleting the phrase "Emergency Hazardous Waste Site Remedial Fund”and substituting in lieu thereof "Emergency Response Fund".
Sec. 10.  G.S. 130A-310.7(a), as amended by Section 6 of Chapter 286 of the 1989 Session Laws, is amended by deleting the semicolon following the word "substance”and substituting a comma in lieu thereof.
Sec. 11.  G.S. 130A-310.22, as enacted by Section 10 of Chapter 286 of the 1989 Session Laws, is amended by deleting the phrase "42 U.S.C § 9604(b)(9)”and inserting in lieu thereof "42 U.S.C. § 9604(c)(9)".
Sec. 12.  G.S. 130A-342(c), as enacted by Chapter 764 of the 1989 Session Laws, reads as rewritten:
"(c)	The performance of individual aerobic treatment plants is to be documented by the counties and sent to the Department of Environment, Health, and Natural Resources."
Sec. 13.  G.S. 130B-15(e), as enacted by Chapter 168 of the 1989 Session Laws, reads as rewritten:
"(e)	The Commission shall provide through its own personnel, private contractors, cooperative agreement with other governmental agencies, or any combination thereof, any active maintenance or remedial actions that may be required.  Payment for the cost thereof shall be made from the Long-Term Care Fund established pursuant to G.S. 130B-17."
Sec. 14.  G.S. 143-439(b) reads as rewritten:
"(b)	The Pesticide Advisory Committee shall consist of:  three practicing farmers; one conservationist (at large); one ecologist (at large); one representative of the pesticide industry; one representative of agribusiness (at large); one local health director; three members of the North Carolina State University School of Agriculture and Life Sciences, at least one of which shall be from the area of wildlife or biology; one member representing the North Carolina Department of Agriculture; one member representing the Department of Environment, Health, and Natural Resources; the State Health Director or his designee; one representative of a public utility or railroad company which uses pesticides; one representative of the Board of Transportation; one member of the North Carolina Agricultural Aviation Association; one member of the general public (at large); one member actively engaged in forest pest management; and one member representing the Solid Waste Management Division of the Department of Environment, Health, and Natural Resources.  Each State agency represented on the Committee shall be appointed by the head of the agency.  Other members of the Committee shall be appointed by the Board."
Sec. 15.  Subsection (a) of Section 5 of Chapter 426 of the 1989 Session Laws reads as rewritten:
	"(a) The Environmental Management Commission shall adopt water supply watershed classifications and applicable management requirements as required by G.S. 143-214.5(b) no later than 1 January 1991."
Sec. 16.  Subsection (b) of Section 5 of Chapter 426 of the 1989 Session Laws reads as rewritten:
"(b)	The Environmental Management Commission shall publish the proposed classification of all existing water supply watersheds under the classifications adopted pursuant to G.S. 143-214.5(b) no later than 1 January 1991.  The Environmental Management Commission shall complete the classification of all existing water supply watersheds no later than 1 January 1992."
Sec. 17.  G.S. 143-215.1(b1)(4), as enacted by Section 2 of Chapter 354 of the 1989 Session Laws, reads as rewritten:
"(4)	Requirements of subsection (a) of this section that the Department review and approve of each individual facility."
Sec. 18.  G.S. 143-350 is amended by deleting "G.S. 143-214”and substituting in lieu thereof "G.S. 143B-282".
Sec. 19. G.S. 143B-279.4 reads as rewritten:
"§ 143B-279.4.  The Department of Environment, Health, and Natural Resources – Secretary; Deputy Secretaries.
(a)	The Secretary of Environment, Health, and Natural Resources shall be the head of the Department.
(b)	The Secretary may appoint two Deputy Secretaries."
Sec. 20.  G.S. 159I-3(a)(6) as enacted by Chapter 756 of the 1989 Session Laws reads as rewritten:
"(6)	‘Division' means the Solid Waste Management Division of the Department of Environment, Health, and Natural Resources and any successor of said Division."
Sec. 21.  G.S. 159I-7(b), as enacted by Chapter 756 of the 1989 Session Laws, reads as rewritten:
"(b)	Moneys in the Solid Waste Management Loan Fund may be invested in the same manner as permitted for investments of funds belonging to the State or held in the State treasury.  Interest earnings derived from such investments shall be credited to the Fund, credited to such other use as may be provided in a trust agreement or resolution securing any bonds or notes issued under the provisions of this Chapter, or credited to such other use, including the payment of administrative expenses of the Agency, the costs of research for solid waste management programs and the making of grants for such research, as may be directed by the Board.
(b1)	In connection with solid waste research to be contracted for by the Division, the Secretary of Environment, Health, and Natural Resources shall negotiate, with the Board of the Agency, a memorandum of agreement which shall contain necessary rules and provisions for certifying that proper competitive bid procedures, and when appropriate, proper sole source bid procedures, for contracts have been executed in connection with a Request for Proposals (RFP); and, which shall state that a previously determined one-to-one match requirement from private sector sources has been met in accordance with rules and provisions set out in the memorandum of agreement, and that the Secretary is ready to award a contract for a specified amount.  The Treasurer, at the direction of the board, shall certify that funds are available and that the purpose of the contract is consistent with provisions for the use of solid waste loan program proceeds."
Sec. 22.  G.S. 159I-15(d) is amended in the second sentence by deleting the phrase "place or place”and substituting in lieu thereof the phrase "place or places".
Sec. 23.  G.S. 159I-15(e) is amended in the third paragraph by deleting the word "at”as it appears in the phrase "such price or prices at the Local Government Commission shall determine”and substituting in lieu thereof the word "as".
Sec. 24.  G.S. 159I-16(c) is amended in the second sentence by deleting the word "noticed”as it appears in the phrase "irrespective of whether such parties have noticed thereof”and substituting in lieu thereof the word "notice".
Sec. 25.  G.S. 159I-16(d) is amended by inserting a comma after the word "Agency”as it appears in the phrase "costs of operation of the Agency".
Sec. 26.  G.S. 159I-30(h) is amended:
(a)	In the first sentence by deleting the word "form”as it appears in the phrase "40 years form their date”and substituting in lieu thereof the word "from"; and
(b)	In the second sentence by deleting the phrase "place or place”and substituting in lieu thereof the phrase "place or places".
Sec. 27.  Section 2 of Chapter 129 of the 1989 Session Laws reads as rewritten:
	"Sec. 2.  This act applies only to the inland waters of the Black River in Sampson, Pender, and Bladen Counties between Clear Run Bridge at Highway 411 and its junction with the Cape Fear River, and to that portion of South River in Sampson and Bladen Counties from Ennis Bridge at Highway 1007 to its junction with the Black River."
Sec. 28.  Section 1 of Chapter 764 of the 1989 Session Laws is repealed.
Sec. 29.  Subsection (1) of section (2) of Chapter 146 of the 1989 Session Laws reads as rewritten:
"(1)	””””That certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, more particularly described as follows:  Beginning at an iron rod which is located North 39°07'08”West 74.96 feet from an iron pipe having a NC Coordinate value of X-2996057.363 and Y-823796.892, said iron rod also being located in a common property line between the State of North Carolina and R. M. Ritchie, et al; thence running from said beginning point South 39°07'08”East 10 feet to a point; thence North 49°10'51”East 47.98 feet to a point in the right of way of U.S. 158 Bypass; thence northwesterly along the aforementioned right-of-way 10 feet to an iron rod; thence South 49°10'51”West 47.98 feet to the point and place of beginning and containing 479.80 square feet more or less, and as drawn out by the Design and Development Section of the Division of Parks and Recreation on a map dated November 8, 1988."
Sec. 30.  Subsection 3 of section 1 of 1989 Senate Joint Resolution 23 reads as rewritten:
"(3)	All lands within the boundaries of Jockey's Ridge State Park as of April 4, 1989, with the exception of the following tract: ””””That certain tract or parcel of land at Jockey's Ridge State Park in Dare County, Nags Head Township, more particularly described as follows:  Beginning at an iron rod which is located North 39°07'08”West 74.96 feet from an iron pipe having a NC Coordinate value of X-2996057.363 and Y-823796.892, said iron rod also being located in a common property line between the State of North Carolina and R. M. Ritchie, et al; thence running from said beginning point South 39°07'08”East 10 feet to a point; thence North 49°10'51”East 47.98 feet to a point in the right of way of U.S. 158 Bypass; thence northwesterly along the aforementioned right-of-way 10 feet to an iron rod; thence South 49°10'51”West 47.98 feet to the point and place of beginning and containing 479.80 square feet more or less, and as drawn out by the Design and Development Section of the Division of Parks and Recreation on a map dated November 8, 1988."
Sec. 31.  This act is effective upon ratification.