GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 653
Short Title: Polluter Pays. (Public)
Sponsors: Senators Garrett, Meyer, and Mayfield (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S653 -v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MAKE PERSO NS CAUSING OR CONTRIBUTING TO CONTAMINAT ION 2
RESPONSIBLE FOR COST S OF CLEANUP AND PRO VISION OF ALTERNATIVE 3
WATER SUPPLIES TO PERSONS WITH WATER SUP PLIES AFFECTED BY SUCH 4
CONTAMINATION. 5
The General Assembly of North Carolina enacts: 6
SECTION 1.(a) G.S. 143-215.3(a) reads as rewritten: 7
"§ 143-215.3. General powers of Commission and Department; auxiliary powers. 8
(a) Additional Powers. – In addition to the specific powers prescribed elsewhere in this 9
Article, and for the purpose of carrying out its duties, the Commission shall have the power: 10
… 11
(9) If an investigation conducted pursuant to this Article or Article 21B of this 12
Chapter reveals a violation of any rules, standards, or limitations adopted by 13
the Commission pursuant to this Article or Article 21B of this Chapter, or a 14
violation of any terms or conditions of any permit issued pursuant to 15
G.S. 143-215.1 or 143-215.108, or special order or other document issued 16
pursuant to G.S. 143-215.2 or G.S. 143-215.110, the Commission may assess 17
the reasonable costs of any investigation, inspection or monitoring survey 18
which revealed the violation against the person responsible therefor. If the 19
violation resulted in an unauthorized discharge to the waters or atmosphere of 20
the State, the Commission may also assess the person responsible for the 21
violation for any actual and necessary costs incurred by the State in removing, 22
correcting or abating any adverse effects upon the water or air resulting from 23
the unauthorized discharge. If the person responsible for the violation refuses 24
or fails within a reasonable time to pay any sums assessed, the Commission 25
may institute a civil action in the superior court of the county in which the 26
violation occurred or, in the Commission's discretion, in the superior court of 27
the county in which such person resides or has his or its principal place of 28
business, to recover such sums. 29
… 30
(12) To declare an emergency when it finds that a generalized condition of water 31
or air pollution which is causing imminent danger to the health or safety of 32
the public. Regardless of any other provisions of law, if the Department finds 33
that such a condition of water or air pollution exists and that it creates an 34
emergency requiring immediate action to protect the public health and safety 35
or to protect fish and wildlife, the Secretary of the Department with the 36 General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 653-First Edition
concurrence of the Governor, shall order persons causing or contributing to 1
the water or air pollution in question to reduce or discontinue immediately the 2
emission of air contaminants or the discharge of wastes. Immediately after the 3
issuance of such order, the chairman of the Commission shall fix a place and 4
time for a hearing before the Commission to be held within 24 hours after 5
issuance of such order, and within 24 hours after the commencement of such 6
hearing, and without adjournment thereof, the Commission shall either affirm, 7
modify or set aside the order. 8
In the absence of a generalized condition of air or water pollution of the 9
type referred to above, if the Secretary finds that the emissions from one or 10
more air contaminant sources or the discharge of wastes from one or more 11
sources of water pollution is causing imminent danger to human health and 12
safety or to fish and wildlife, he may with the concurrence of the Governor 13
order the person or persons responsible for the operation or operations in 14
question to immediately reduce or discontinue the emissions of air 15
contaminants or the discharge of wastes or to take such other measures as are, 16
in his judgment, necessary, without regard to any other provisions of this 17
Article or Article 21B of this Chapter. In such event, the requirements for 18
hearing and affirmance, modification or setting aside of such orders set forth 19
in the preceding paragraph of this subdivision shall apply. 20
(12a) If an investigation conducted pursuant to this Article or Article 21B of this 21
Chapter reveals a condition of water or air pollution which is causing danger 22
to the health or safety of the public, the Secretary of the Department may order 23
persons causing or contributing to the water or air pollution in question to 24
immediately reduce or discontinue the emissions of air contaminants or the 25
discharge of wastes or to take such other measures as are necessary, in the 26
Secretary's judgment, without regard to any other provisions of this Article or 27
Article 21B of this Chapter. The order may direct the person to take, or refrain 28
from taking, an action, or to achieve a result, within a period of time specified 29
by the order, as the Secretary deems necessary and feasible in order to alleviate 30
or eliminate the pollution. In addition, the order may require the person to 31
provide alternate water supplies to persons with water supplies damaged by 32
the water or air pollution in question, or require the person to establish a 33
permanent replacement water supply to persons with water supplies damaged 34
by the water or air pollution in question, as appropriate in the judgment of the 35
Secretary. In the case of a permanent replacement water supply, the water 36
supply shall be established by connection to a public water supply, except that 37
an affected household may elect to receive a whole house filtration system in 38
lieu of a connection to a public water supply, in which case the person 39
responsible shall install a filtration system. For households for which filtration 40
systems are installed, the person responsible shall be liable for any periodic 41
required maintenance of the filtration system. The Secretary shall assess the 42
person causing or contributing to the water or air pollution in question for any 43
actual and necessary costs incurred by the State in removing, correcting, or 44
abating any adverse effects upon the water or air resulting from the water or 45
air pollution for which the person is responsible. If the person responsible for 46
the water or air pollution in question refuses or fails within a reasonable time 47
to pay any sums assessed, the Secretary may institute a civil action in the 48
superior court of the county in which the water or air pollution occurred or, in 49
the Secretary's discretion, in the superior court of the county in which such 50
person resides or has its principal place of business to recover such sums. 51 General Assembly Of North Carolina Session 2025
Senate Bill 653-First Edition Page 3
…." 1
SECTION 1.(b) G.S. 143-215.2(a) reads as rewritten: 2
"§ 143-215.2. Special orders. 3
(a) Issuance. – The Commission may, after the effective date of classifications, standards 4
and limitations adopted pursuant to G.S. 143-214.1 or G.S. 143-215, or a water supply watershed 5
management requirement adopted pursuant to G.S. 143-214.5, issue, and from time to time 6
modify or revoke, a special order, or other appropriate instrument, to any person whom it finds 7
responsible for causing or contributing to any pollution of the waters of the State within the area 8
for which standards have been established. The order or instrument may direct the person to take, 9
or refrain from taking an action, or to achieve a result, within a period of time specified by the 10
special order, as the Commission deems necessary and feasible in order to alleviate or eliminate 11
the pollution. pollution, including a requirement that the responsible person provide temporary 12
alternate or permanent replacement water supplies to persons with water supplies damaged by 13
the water pollution in question. The Commission is authorized to enter into consent special 14
orders, assurances of voluntary compliance or other similar documents by agreement with the 15
person responsible for pollution of the water, subject to the provisions of subsection (a1) of this 16
section regarding proposed orders, and the consent order, when entered into by the Commission 17
after public review, shall have the same force and effect as a special order of the Commission 18
issued pursuant to hearing." 19
SECTION 2. This act is effective when it becomes law. 20