GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	2 

HOUSE BILL 39
Committee Substitute Favorable 3/2/89

Short Title:  Nonsurface Discharge Permit/Notice.	(Public)
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Sponsors:
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Referred to:
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January 19, 1989

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THAT PUBLIC NOTICE BE GIVEN OF AN APPLICATION FOR A PERMIT FOR CERTAIN TYPES OF TREATMENT WORKS NOT DISCHARGING TO SURFACE WATERS AND TO PROVIDE FOR A PUBLIC MEETING CONCERNING THE ISSUANCE OF SUCH A PERMIT IF THE ENVIRONMENTAL MANAGEMENT COMMISSION DETERMINES THAT THERE IS A SIGNIFICANT INTEREST IN HOLDING SUCH A MEETING.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-215.1(c) reads as rewritten:
"(c)	Applications for Permits and Renewals for Facilities Discharging to the Surface Waters.
(1)	All applications for permits and for renewal of existing permits for outlets and point sources and for treatment works and disposal systems discharging to the surface waters of the State shall be in writing, and the Commission may prescribe the form of such applications. All applications shall be filed with the Commission at least 180 days in advance of the date on which it is desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be. The Commission shall act on a permit application as quickly as possible. The Commission may conduct any inquiry or investigation it considers necessary before acting on an application and may require an applicant to submit plans, specifications, and other information the Commission considers necessary to evaluate the application.
(2)	a.	The Department shall refer each application for permit, or renewal of an existing permit, for outlets and point sources and treatment works and disposal systems discharging to the surface waters of the State to its staff for written evaluation and proposed determination with regard to issuance or denial of the permit. If the Commission concurs in the proposed determination, it shall cause notice of the application and of the proposed determination, along with any other data that the Commission may determine appropriate, to be given to the appropriate State, interstate and federal agencies, to interested persons, and to the public. The Commission shall prescribe the form and content of the notice.
	The notice required herein shall be given at least 45 days prior to any proposed final action granting or denying the permit. Public notice shall be given by publication of the notice one time in a newspaper having general circulation within the county.
b.	Repealed by Session Laws 1987, c. 734.
(3)	If any person desires a public meeting on any application for permit or renewal of an existing permit provided for in this subsection, he shall so request in writing to the Commission within 30 days following date of the notice of application. The Commission shall consider all such requests for meeting, and if the Commission determines that there is a significant public interest in holding such meeting, at least 30 days' notice of such meeting shall be given to all persons to whom notice of application was sent and to any other person requesting notice. At least 30 days prior to the date of meeting, the Commission shall also cause a copy of the notice thereof to be published at least one time in a  newspaper having general circulation in such county. The Commission shall prescribe the form and content of the notices.
		The Commission shall prescribe the procedures to be followed in such meetings. If the meeting is not conducted by the Commission, detailed minutes of the meeting shall be kept and shall be submitted, along with any other written comments, exhibits or documents presented at the meeting, to the Commission for its consideration prior to final action granting or denying the permit.
(4)	Not later than 60 days following notice of application or, if a public meeting is held, within 90 days following consideration of the matters and things presented at such meeting, the Commission shall grant or deny any application for issuance of a new permit or for renewal of an existing permit. All permits or renewals issued by the Commission and all decisions denying application for permit or renewal shall be in writing.
(5)	No permit issued pursuant to this subsection (c) shall be issued or renewed for a term exceeding five years."
¨	 	Sec. 2.   G.S. 143-215.1(d) reads as rewritten:
	"(d) Applications and Permits for Sewer Systems, Sewer System Extensions and Pretreatment Facilities, and for Wastewater Treatment Facilities Not Discharging to the Surface Waters of the State.
(1)	All applications for new permits and for renewals of existing permits for sewer systems, sewer system extensions and for disposal systems or treatment works which do not discharge to the surface waters of the State, and all permits or renewals and decisions denying any application for permit or renewal shall be in writing. The Commission shall act on permit applications as quickly as possible. The Commission may conduct any inquiry or investigation it considers necessary before acting on an application and may require an applicant to submit plans, specifications, and other information the Commission considers necessary to evaluate the application.  If the Commission fails to act on an application for a permit, including a renewal of a permit, within 90 days after the applicant submits all information required by the Commission, the application is considered to be approved, unless provided otherwise by this subsection.  Permits and renewals issued in approving such facilities pursuant to this subsection (d) shall be effective until the date specified therein or until rescinded unless modified or revoked by the Commission. Local governmental units to whom pretreatment program authority has been delegated shall establish, maintain, and provide to the public, upon written request, a list of pretreatment applications received.  The requirements for public notice and public meeting contained in this subsection shall not apply to permits issued for pretreatment facilities that discharge into publicly-owned wastewater treatment facilities.
(2)	Upon receipt of a complete application by the Department for a permit under this subdivision, the Department shall give 14 days notice with an opportunity for written comments prior to any final action granting or denying the permit.  Public notice shall be given by publication of the notice one time in a newspaper having general circulation within the county.  This subdivision applies to the following:
a.	A new wastewater spray irrigation system for a single family residence;
b.	A sewer line, interceptor, or collector with a design flow equal to or greater than 100,000 gallons per day and a total length equal to or greater than one mile; or
c.	A pump station equal to or greater than 100,000 gallons per day.    
(3)	The Department shall refer each application for permit for any of the following to its staff for written evaluation and proposed determination with regard to issuance or denial of the permit. When the Commission receives a determination from its staff regarding the issuance or denial of a permit or renewal of a permit for any of the following, the Commission shall give notice of the application and the proposed determination to the proper State, interstate, and federal agencies, to interested persons, and to the public.
a.	Any new wastewater treatment plant or plant expansion equal to or greater than 30,000 gallons per day;
b.	Any new or expanding wastewater spray irrigation system or rapid infiltration system as defined by the Environmental Management Commission, that is not to be used for a single family residence;
c.	Any new or expanding sludge disposal site;
d.	Any smaller project that would adversely affect water or lands with special environmental designations such as outstanding resource waters, designated natural areas, wildlife refuges, or State parks;
e.	Any smaller project with strong public interest as shown by letters or other written materials and specifically designated by the Commission; or
f.	Any smaller project which has severe, unusual, or precedent-making impacts as determined by the Commission,
	The Commission shall also provide any other data it considers appropriate to those notified.  The Commission shall prescribe the form and content of the notice.
		The notice shall be given at least 45 days prior to any final action granting or denying the permit.  Public notice shall be given by publication of the notice one time in a newspaper having general circulation within the county.
(4)	If any person desires a public meeting on any application for permit provided for in subdivision (3) of this subsection, they shall request one in writing to the Commission within 30 days following date of the notice of application. The Commission shall consider all such requests for meeting, and if the Commission determines that there is a significant public interest in holding such meeting, at least 30 days' notice of such meeting shall be given to all persons to whom notice of application was sent and to any other person requesting notice. At least 30 days prior to the date of meeting, the Commission shall also have a copy of the notice of the meeting published at least one time in a  newspaper having general circulation in such county. The Commission shall prescribe the form and content of the notices.
		The Commission shall prescribe the procedures to be followed in such meetings. If the meeting is not conducted by the Commission, detailed minutes of the meeting shall be kept and shall be submitted, along with any other written comments, exhibits or documents presented at the meeting, to the Commission for its consideration prior to final action granting or denying the permit.
(5)	Not later than 60 days following notice of application or, if a public meeting is held, within 90 days following consideration of the matters and things presented at such meeting, the Commission shall grant or deny any application for issuance of a new permit.  All permits issued by the Commission and all decisions denying application for permit shall be in writing."
Sec. 3.  This act shall become effective July 1, 1989, and shall apply to permits applied for on or after that date, provided, however, G.S. 143-215.1(d)(3)(c) as enacted by Section 2 of this act shall become effective January 1, 1990, and shall apply to permits applied for on or after that date.