A BILL TO BE ENTITLED
AN ACT to make various changes to the Environmental Laws, as recommended by the Department of Environmental Quality.
The General Assembly of North Carolina enacts:

COASTAL AREA MANAGEMENT ACT PERMIT THIRD PARTY APPEAL REVIEW TIMELINE
SECTION 1.  G.S. 113A‑121.1(b) reads as rewritten:
"(b)	A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate. A request for a determination of the appropriateness of a contested case hearing shall be made in writing and received by the Commission within 20 days after the disputed permit decision is made. A determination of the appropriateness of a contested case shall be made within 30 days after a request for a determination is received and shall be based on whether the person seeking to commence a contested case:
(1)	Has alleged that the decision is contrary to a statute or rule;
(2)	Is directly affected by the decision; and
(3)	Has alleged facts or made legal arguments that demonstrate that the request for the hearing is not frivolous.
If the Commission determines a contested case is appropriate, the petition for a contested case shall be filed within 20 days after the Commission makes its determination. A determination that a person may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes. If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B‑23 and final decision on the permit pursuant to G.S. 113A‑122. Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case."

DEQ AUTHORITY FOR SPECIAL ORDERS GOVERNING WASTE MANAGEMENT WHEN STATE OF EMERGENCY OR DISASTER DECLARATIONS ISSUED
SECTION 2.  G.S. 130A‑303 reads as rewritten:
"§ 130A‑303.  Imminent hazard; emergency solid waste measures and procedures during declaration of states of emergency or disaster.
(a)	The judgment of the Secretary that an imminent hazard exists concerning solid waste shall be supported by findings of fact made by the Secretary.
(b)	In order to eliminate an imminent hazard, the Secretary may, without notice or hearing, issue an order requiring that immediate action be taken to protect the public health or the environment. This order may be directed to a generator or transporter of solid waste or to the owner or operator of a solid waste management facility. Where the imminent hazard is caused by an inactive hazardous substance or waste disposal site, the Secretary shall follow the procedures set forth in G.S. 130A‑310.5.
(c)	In the event that a state of emergency has been declared by the Governor pursuant to G.S. 166A‑19.20, or a disaster declaration has been issued pursuant to G.S. 166A‑19.21 as a result of an outbreak of human or animal disease, or as a result of a natural disaster such as a hurricane, tornado, or flood, the Secretary, or an authorized representative, after finding an imminent hazard exists under subsection (a) of this section, may develop and implement emergency measures and procedures that the Secretary deems necessary to protect the public health, safety, or welfare, or the environment with respect to the proper management of solid waste resulting from the event for which the declaration was issued. Notwithstanding any other provision of law, such emergency procedures and measures may include restrictions on the collection, storage, transportation, and disposal of solid waste, restrictions on operational conditions of solid waste management facilities, including adjustment of operational times and requirements pertaining to acceptance of solid waste, and any other measures the Secretary deems necessary for the proper disposal of solid waste within the emergency area, as that term is defined under G.S. 166A‑19.3.
When emergency procedures and measures are developed and implemented pursuant to this subsection, the Secretary shall issue an order accordingly, which shall be posted to the Department's Web site, delivered to print and electronic news media within the emergency area, solid waste management facilities and associated organizations, State and local governmental units, and any other interested or affected parties as determined by the Secretary. In cases of mass animal mortality resulting from a natural disaster or disease, the Secretary shall consult with the State Veterinarian and the Commissioner of Agriculture prior to issuance of an order pursuant to this section on matters concerning disposal of deceased animals. All State agencies and political subdivisions of the State shall cooperate with the implementation of the emergency procedures and measures set forth in the order. An order issued by the Secretary pursuant to this section shall expire no more than 60 days after termination of the declaration by the Governor under which the Secretary's order was issued."

MINE OPERATIONS REPORT DUE DATE REVISION
SECTION 3.  G.S. 74‑55 reads as rewritten:
"§ 74‑55.  Reclamation report.
(a)	By September 1 of each year, the operator shall file a report of activities completed during the preceding year on a form prescribed by the Department, which includes all of the following:
(1)	Identify the mine, the operator and the permit number.
(2)	State acreage disturbed by mining in the last 12‑month period.
(3)	State and describe amount and type of reclamation carried out in the last 12‑month period.
(4)	Estimate acreage to be newly disturbed by mining in the next 12‑month period.
(5)	Provide such maps as may be specifically requested by the Department.
(6)	Include the annual operating fee pursuant to G.S. 74‑54.1(a1).
(b)	When filing the annual report, the permittee shall pay the annual operating fee for the permit to the Department by September 1 of each year until the permit has been terminated by the Department. The Department may assess and collect a monthly penalty for each annual report or annual operating fee not filed by September 30 of each year until the annual report and annual operating fee are filed with the Department. If the required annual report and operating fee, including any late payment penalties, are not filed by March 1 of the year following the year the operating fee and annual report were due under this subsection, the Department shall give written notice to the operator and shall then initiate permit revocation proceedings in accordance with G.S. 74‑58."

COMPENSATORY MITIGATION AMENDMENTS
SECTION 4.  G.S. 143‑214.15 reads as rewritten:
"§ 143‑214.15.  Compensatory mitigation for diverse habitats.
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(d)	The Stewardship Program of the Department of Environmental Quality shall catalog an inventory of all its land holdings and determine how many of those holdings are potential wildlife habitats, either as currently held or with some modification. The Wildlife Resources Commission shall conduct a third‑party review of this inventory, and the Commission and the Stewardship Program shall both report their findings to the Environmental Review Commission as part of the report required under subsection (e) of this section.

	

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EFFECTIVE DATE
SECTION 5.  Except as otherwise provided, this act is effective when it becomes law.