Special provision for developer

The NC House has approved SB 382 with an amendment that will require that cities to supply water and sewer connections to any development within an urban growth area that request the service. Although this amendment did not mention the project and applies statewide, it has been reported that the amendment was specifically designed to help the developers of the “751 South” development, a large development with 1,300 homes and 600,000 sq. ft. of commercial development. This development has been opposed by environmental organizations. Durham had refused to extend water and sewer to the development, saying that it would cost Durham taxpayers more that the revenue would provide.

Raleigh lifts watering restrictions

The Raleigh City Council has lifted restrictions that require alternate day watering. In Raleigh you can now water any time you want. If the city council felt that the restriction were unneeded because the same amount of water would be used without them, it would be more understandable. However, it is now revealed that the reason for lifting restrictions was to increase the usage of water.

Fall Lake Rules now in effect

The Environmental Management Commission adopted the Fall Lake Reservoir nutrient management rules, with only some technical changes made by the Rules Review Commission. The rules were not as strong as environmental groups would have preferred (the primary complaint was that the effective date of some of the rules is too far in the future). However, because there were no letters of objection, the rules will go into effect immediately. It is possible that the General Assembly, in the 2011 “long session” will pass legislation to repeal or weaken the rules.

Press coverage of the rules can be found at:

Durham Herald-Sun (the rules have been criticized by environmental groups. http://www.heraldsun.com/view/full_story/10390022/article-Falls-Lake-pollution-rules-kick-in-2011?instance=homesecondleft)

Falls Lake Rules a disappointment

The Environmental Management Commission has just released its proposed rules for Falls Lake, the drinking water reservoir for most of Wake County. These rules are designed to reduce the amount of nitrogen and phosphorus compounds that run off into the lake, causing algae growth in the lake. These rules will go into effect January 15, unless they are modified by the General Assembly in its session that starts in late January.

The first part of the rules, Stage I, will be implemented over 10 rather than the 7 years in the draft rules. Under the rules, local governments begin, in 2021 to control the pollution that placed the lake in an impaired (polluted) condition in 2006.

Let’s just hope that the legislature does not weaken the rules in their upcoming session.

Senate trying to block hog waste regulations

The NC Senate today (Wed., 7/29) amended and then passed a bill (HB 1335) to place a moratorium on rule making by the Environmental Management Commission.

The amendment, adopted by a large vote, limited the effect of the bill to any “permanent rule regarding any requirement to test water quality by animal feeding operations”. This will prevent the bill from stopping most rule making activities (such as those regarding Falls Lake), but it will stop a proposed EMC rule regarding hog farms in Eastern North Carolina.

Some of the senators who opposed the limiting amendment expressed a belief that the EMC should be stopped from adopting any rules because EMC rules are anti-business.

The bill would prevent any rule from being adopted before July 1, 2011. Under existing state law rules adopted after that date must then go to the Rules Review Commission. Following RRC approval the rule will not go into effect until the end of the next session of the General Assembly, so the legislators may review and block the rules. This bill would stop affected rules from going into effect before the summer of 2012.

Thankfully, most rulemaking is not affected. But for the sake of the many people who have to put up with the smell of hog farms, let’s hope that this very bad bill is killed by the House.

Jordan Lake Rules Pass General Assembly

A bill, HB 239, to enact rules for the Jordan Lake reservoir, was approved by the General Assembly Monday night and will go to the governor for her expected approval.

The Environmental Management Commission, with approval by the Rules Review Commission, adopted rules to protect Jordan Lake from nutrient pollution that cause the growth of algae that can produce toxins. Bills were introduced in the General Assembly to disapprove the rules. One bill, HB 239, was turned into a bill that approved most of the new rules relating to new development near the lake and tributaries to the lake. The bill replaced regulations concerning existing development with compromise language.

Jordan Lake rules pass House

The Jordan Lake rules bill, HB 239, passed 2nd and 3rd readings in the House and now goes to the Senate, where it will be considered by the Ag/Envir/Nat Res. Committee.

The goal of the environmental community will be to prevent the retrofit rules from being watered down (pun intended) by the Senate. If the bill is killed, (very unlikely) the original, stronger, rules go into effect.

Jordan Lake rules agreement

It now appears that there is an agreement between environmental groups and others (particularly Durham) on the Jordan Lake rules.

The agreement will be unveiled this afternoon at the meeting of the NC House Judiciary I committee. The committee will meet at 3pm in room 1228.

The Environmental Management Commission released a set of rules to reduce the nutrient pollution in Jordan Lake. The rules were approved by the Rules Review Commission. After approval, the rules were on hold because of "disapproval" bills in the General Assembly. These bills, if they passed, would have prevented any of the rules from going into effect.

One bill, HB 239, was introduced by Reps. Allen and Gibson as a disapproval bill. However, the disapproval language was replaced with language that would approval all rules other than the "existing development" or "retrofit" rule. That language was the subject of negotiations between representatives of the environmental community and Durham and other upstream communities.