NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 583

SENATE BILL 244

 

 

AN ACT TO AMEND CHAPTER 143, ARTICLE 21, FOR THE PURPOSE OF ENABLING THE STATE TO OBTAIN AUTHORITY TO ADMINISTER THE FEDERAL DISCHARGE PERMIT PROGRAM.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-215(b), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is amended by deleting all language following the word "waters" in line 7 and by inserting a period after the word "waters".

Sec. 2.  G.S. 143-215.1(a), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting the entire phrase preceding the words "no person" in line 3.

Sec. 3.  G.S. 143-215.1(a)(4), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting all language following the word "water" in line 6 and by inserting a semicolon after the word "water".

Sec. 4.  G.S. 143-215.1(b), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting subparagraph (2) and renumbering subparagraph (3) as subparagraph (2). It is further amended by deleting the word "section" found in lines 9 and 18 and substituting therefor the word "Article" and by rewriting the sentence beginning with the word "The" in line 1 of G.S. 143-215.1(b) to read: The Environmental Management Commission shall act on all permits so as to prevent, so far as reasonably possible, considering relevant standards under State and federal laws, any significant increase in pollution of the waters of the State from any new or enlarged sources."

Sec. 5.  G.S. 143-215.3(a)(2), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting the sentence following the colon in line 11, and inserting in lieu thereof the following:

"Provided that any records, reports or information obtained under Articles 21, 21A and 21B (a) shall, in the case of effluent or emission data, be related to any applicable effluent or emission limitations, toxic, pretreatment or new source performance standards, and (b) shall be available to the public except that upon a showing satisfactory to the Enviromental Management Commission by any person that records, reports or information or particular part thereof (other than effluent or emission data), to which the commission has access under these Articles, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the commission shall consider such record, report or information, or particular portion thereof confidential, except that such record or information may be disclosed to employees of the department concerned with carrying out the provisions of these Articles or when relevant in any proceeding under these Articles. The commission shall provide for adequate notice to the party submitting the information of any decision that such information is not entitled to confidential treatment and of any decision to release information which the submitting party contends is entitled to confidential treatment."

Sec. 6.  G.S. 143-215.3(e)(2), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting the word "or" in line 4, after the word "variance" and inserting in lieu thereof the word "and,"; by striking the word "variance" in line 4 and inserting in lieu thereof the word "variances"; and by changing the period at the end of the sentence following the word "public" to a comma and inserting after the word "public," the following:

"provided that such variances shall be consistent with the provisions of the Federal Water Pollution Control Act Amendments of 1972 or the Federal Clean Air Act; and provided further, that any person who would otherwise be entitled to a variance or modification under the Federal Water Pollution Control Act Amendments of 1972 or the Federal Clean Air Act shall also be entitled to the same variance from or modification in rules, regulations, standards or limitations established pursuant to G.S. 143-214.1, G.S. 143-215, and G.S. 143-215.107, respectively."

Sec. 7.  G.S. 143-215.6(a)(2), as the same appears in the 1974 Cumulative Supplement to Volume 3C of the General Statutes, is hereby amended by deleting the word "willful" in line 2 and inserting in place thereof the word "continuous".

Sec. 8.  G.S. 143-214.1(d), as the same appears in the 1974 Supplement to Volume 3C of the General Statutes, is amended by adding a subsection (4) to read as follows:

"(4)      In revising existing or adopting new water quality classifications or standards, the commission shall consider the use and value of State waters for public water supply, propagation of fish and wildlife, recreation, agriculture, industrial and other purposes, use and value for navigation, and should take into consideration, among other things, an estimate as prepared under Section 305(b)(1) of the Federal Water Pollution Control Act Amendments of 1972 of the environmental impact, the economic and social costs necessary to achieve the proposed standards, the economic and social benefits of such achievement and an estimate of the date of such achievement."

Sec. 9.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 13th day of June, 1975.