GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

S	1 

SENATE BILL 14*

Short Title:  County Clean-Up Funds.	(Public)
─────────────────────────────────────── 
Sponsors: Senators Tally, Basnight, Block, Walker, Winner; Plexico and Ward.
─────────────────────────────────────── 
Referred to:  Appropriations.
─────────────────────────────────────── 

February 6, 1991

A BILL TO BE ENTITLED
AN ACT TO APPROPRIATE FUNDS TO QUALIFIED COUNTIES TO SURVEY, CLEAN UP, AND ELIMINATE ILLEGAL DISCHARGES OF SEWAGE ONTO LAND OR INTO SURFACE WATERS IN VIOLATION OF ARTICLE 11 OF CHAPTER 130A OF THE NORTH CAROLINA GENERAL STATUTES.
Whereas, the 1987-88 General Assembly funded a project in Haywood County to survey, clean up, and eliminate illegal discharges of sewage into streams of this State;
Whereas, the project was successful in identifying and assisting Haywood County to clean up the streams and rivers of this State;
Whereas, it is the intent of the North Carolina General Assembly to expand the project to assist 42 rural counties to survey, clean up, and eliminate illegal discharges of sewage onto land or into surface waters; and
Whereas, the selected counties include those with eight percent (8%) or more residences without public sewer or septic tank systems based on 1980 Census Data; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  (a) There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources the sum of $2,100,000 for the 1991-92 fiscal year which shall be allocated in grants of $50,000 to the following counties:  Alleghany, Anson, Ashe, Bertie, Bladen, Camden, Caswell, Chatham, Cherokee, Chowan, Clay, Columbus, Duplin, Edgecombe, Franklin, Gates, Graham, Granville, Greene, Halifax, Hertford, Hoke, Hyde, Jones, Madison, Martin, Mitchell, Montgomery, Nash, Northampton, Pamlico, Pender, Perquimans, Person, Robeson, Sampson, Stokes, Tyrrell, Vance, Warren, Washington, and Yancey.  Each grant shall be used by the county to enter into a contract with the local or district county health departments to survey illegal discharges of sewage onto land or into surface waters of this State in violation of Article 11 of Chapter 130A of the North Carolina General Statutes.
(b)	There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources the sum of $4,200,000 for the 1992-93 fiscal year which shall be allocated in grants of $100,000 to the following counties:  Alleghany, Anson, Ashe, Bertie, Bladen, Camden, Caswell, Chatham, Cherokee, Chowan, Clay, Columbus, Duplin, Edgecombe, Franklin, Gates, Graham, Granville, Greene, Halifax, Hertford, Hoke, Hyde, Jones, Madison, Martin, Mitchell, Montgomery, Nash, Northampton, Pamlico, Pender, Perquimans, Person, Robeson, Sampson, Stokes, Tyrrell, Vance, Warren, Washington, and Yancey.  Each grant shall be used by the county to enter into a contract with the local or district county health departments to clean up and eliminate the discharges identified in the survey conducted pursuant to subsection (a) of Section 1 of this act; provided, however, that no county shall receive clean-up funds for the 1992-93 fiscal year unless that county has received survey approval from the Department pursuant to Section 2 of this act.  
Sec. 2.  Funds allocated to each county under subsection (a) of Section 1 of this act for the 1991-92 fiscal year shall be used to survey illegal sewage discharges.  The Department of Environment, Health, and Natural Resources shall establish a working group which shall consist of 10 members, to be designated by the North Carolina Public Health Directors Association.  The working group shall develop a model survey for these counties and shall submit it to the Department for final approval.  The model survey shall be completed and approved by the Department no later than August 1, 1991, or 60 days after ratification of this act, whichever is later.  The Department shall provide copies of the model survey to these counties within 30 days of the date that the model survey is finalized.  The counties listed in Section 1 of this act shall complete a survey that is consistent with the model survey by June 1, 1992.  The Department shall have 30 working days from the date the Department receives a county survey to determine whether the survey is deemed consistent with the model survey.  If the Department determines that a county survey submitted by a county is not consistent with the model survey, that county shall not receive clean-up funds appropriated in subsection (b) of Section 1 of this act. 
Sec. 3.  Funds allocated to each county under subsection (b) of Section 1 of this act for the 1992-93 fiscal year shall be used by the county to enter into a contract with the local or district county health departments for grants-in-aid to low-income county residents to clean up and eliminate illegal sewage discharges identified by the county survey conducted under Section 2 of this act. "Low-income”means those persons and families whose incomes do not exceed fifty percent (50%) of the median family income for the local area, with adjustments for family size, according to the latest figures available from the United States Department of Housing and Urban Development.  Grants-in-aid recipients must receive an improvement permit from the local or district health department prior to the receipt of any grant funds.
Sec. 4.  There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources the sum of $245,624 for the 1991-92 fiscal year and $219,124 for the 1992-93 fiscal year for administrative support and up to five positions to assist local officials in designing and approving sewage systems which meet State and local regulatory requirements and expenses.
Sec. 5.  There is appropriated from the General Fund to the Department of Environment, Health, and Natural Resources a sum not to exceed $170,000 for the 1992-93 fiscal year in incentive grants of $10,000 to be awarded to the first 17 counties which receive approval by the Department for the survey submitted prior to January 1, 1992.  The grants shall be used for public health activities. 
Sec. 6.  Each county receiving funds under this act shall submit a final report to the Department by June 30, 1993, on the expenditure of these funds.
Sec. 7.  Those funds appropriated under subsection (a) of Section 1 of this act for the 1991-92 fiscal year that are not expended as of June 30, 1992, shall revert to the General Fund and may be reappropriated by the General Assembly during the 1992-93 fiscal year for additional surveys based on 1980 Census Data for counties with seven percent (7%) or more residents who lack public sewer or septic tank systems.
Sec. 8.  Section 2 of this act is effective upon ratification.  The remainder of this act becomes effective July 1, 1991, and expires June 30, 1993.