September 29, 1999

To: Kerr T. Stevens

Director, Division of Water Quality

From: Bill Holman

Secretary

Re: Implementation of Chapter 329, 1999 Session Laws

Dan McLawhorn prepared the attached memorandum analyzing the means for responding, in light of the current flood conditions, to the requirement in the Clean Water Act Amendments of 1999 that untreated sewage from municipal or domestic wastewater plants and from animal waste treatment facilities must be reported to local newspapers. Dan concludes that the sewage treatment plants and animal waste treatment facilities discharging into the rivers declared to be health hazards as a result of the flooding do not need to take any additional action so long as the health warnings remain in place for the rivers. Dan informs me that legislative staff and the Attorney General's Office have reviewed the interpretation and concur.

I agree with this interpretation and direct that our enforcement of this new provision will be adjusted to accommodate this extraordinary condition. This interpretation of the act is limited to the specific circumstances now existing and its value as a precedent for any future event will be determined on a case-by-case basis by the then sitting secretary. The public health warnings fulfill the legislative intent and I find that no further action is needed by those struggling with the worst impacts of the flooding in these very difficult times.

Please communicate with State Health Director Dr. Dennis McBride so that you are aware of the rivers and other water bodies posted with health warnings. Please work with the health director's office, county health departments and interest groups to guide general notification when the warnings are lifted so the affected local governments and animal waste operators can be prepared to comply with the provisions of the act. Also, please use your web page and other communications to notify the public and encourage local government, industry, and the swine industry to join DENR in helping notify the public. This interpretation is limited to the areas impacted by the current flooding from Hurricanes Dennis and Floyd and the notice program should move forward in all other areas of the State on October 1, 1999, as required.

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