RALEIGH - Beginning Oct. 1, those who discharge 1,000 gallons or more of untreated waste or wastewater that reach surface waters must notify the public. The state has granted a special exemption to facilities located in areas affected by flooding from Hurricane Floyd.

The new regulations are part of the state's Clean Water Act passed by the legislature this summer. They apply to permitted municipal and domestic waste and wastewater systems, industrial and other non-municipal waste and wastewater treatment facilities, and animal waste management systems.

If there is a discharge of 1,000 gallons or more of untreated waste or wastewater that reaches the surface waters of the state, facility owners and operators are required to issue a press release within 48 hours. A copy of the press release and a list of the news media to which it was distributed must be made available for at least a year to whomever requests it.

A discharge of 15,000 gallons or more requires the owner or operator to publish a notice of discharge in addition to the press release. The notice must be published in a newspaper in the county where the incident occurred and each county downstream from the point of discharge that is significantly affected. Publication must occur within 10 days of approval from the Department of Environment and Natural Resources' of the notice's form and content, and the newspapers where it is to be published.

Owners and operators of systems that treat municipal or domestic waste and wastewater are also required to provide an annual report to customers or users and to DENR. The report will summarize the performance of the collection system or treatment works. It will include the extent to which the facility has violated its permit, or federal or state laws, regulations or rules related to water quality.

An exception to the regulations will be allowed for facilities affected by the flooding from hurricanes Dennis and Floyd. Sewage treatment plants and animal waste treatment plants discharging into rivers considered to be health hazards do not need to report to local papers while health warnings remain in place for the rivers.

The Division of Water Quality will give general notification through local newspapers and the division's web page (http://h2o.enr.state.nc.us) when the warnings are lifted so that the affected owners and operators can be prepared to comply with the provisions of the act.

Return to Hurricane Floyd Page.