NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 655
SENATE BILL 249
AN ACT TO AMEND CHAPTER 143, BY EXEMPTING PERMITS FOR SURFACE DISCHARGES FROM SINGLE FAMILY DWELLINGS FROM THE PUBLIC NOTICE REQUIREMENTS; BY EXTENDING THE TIME PERIOD IN WHICH THE EMC MUST ACT ON PERMITS FOR DISCHARGES TO SURFACE WATERS; BY AUTHORIZING THE EMC TO CHARGE A REASONABLE FEE FOR PROCESSING PERMIT APPLICATIONS (TO OFFSET ANTICIPATED REDUCTION IN FEDERAL FUNDS); BY GRANTING DISCRETION TO THE EMC ON THE FREQUENCY OF MONITORING REPORTS; AND BY PROVIDING GUIDELINES FOR CLASSIFICATION OF GROUNDWATERS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 143-215.1(c) as the same appears in the 1974 Supplement of Volume 3C to the General Statutes is hereby amended by renumbering the present subdivision "(2)" to read "(2)(i)" and adding a new subparagraph "(2)(ii)" to read as follows:
"(ii) Permits for discharges to the surface waters of domestic wastes for single family dwellings of 1,000 gallons per day or less shall be issued without the above required notice. The Commission shall by regulation delegate the issuance of such permits to local health departments."
Sec. 2. G.S. 143-215.1(c)(4) as the same appears in the 1974 Supplement to Volume 3C of the General Statutes is hereby amended by deleting the word "Forty-five" in the first line and inserting the words "not later than 60" in front of the word "days".
Sec. 3. G.S. 143-215.3(a)(l) as the same appears in the 1974 Supplement to Volume 3C of the General Statutes is hereby amended by rewriting it to read:
"(1) To adopt from time to time and to modify and revoke official regulations interpreting and applying the provisions of Articles 21, 21A and 21B and rules of procedure establishing and amplifying the procedures to be followed in the administration of these Articles, including rules and regulations providing for the charge of a reasonable fee for processing or publicizing applications for permits issued under these Articles and for reviewing, processing and publicizing applications for construction grant awards under the Federal Water Pollution Control Act Amendments of 1972; provided, however, that there shall be no fee charged to any farmer who submits an application which pertains to his farming operations. Any fees related to construction grants charged by the Commission shall be consistent with federal regulations. Fees for processing permits under these Articles shall not exceed one hundred dollars ($100.00) for any single permit application. No regulations and no rules of procedure shall be effective i nor enforceable until published and filed as prescribed by G.S. 143-215.4. Rules or regulations relating to permit or grant application fees shall be subject to a public hearing, prior to adoption, held under procedures established by the Environmental Management Commission."
Sec. 4. G.S. 143-215.65 as the same appears in the 1974 Supplement to Volume 3C of the General Statutes is hereby amended by deleting in line 3 the word "monthly" and inserting in place thereof the words: "at such frequencies as the Commission may specify and at least quarterly".
Sec. 5. G.S. 143-214.1(d) as the same appears in the 1974 Supplement to Volume 3C of the General Statutes is hereby amended by adding a new subdivision (4) to read as follows:
"(4) With regard to the groundwaters, the factors to be considered shall include the natural quality of the water below land surface and the condition of occurrences, recharge, movement and discharge; the vulnerability to pollution from waste waters and other substances; and the potential for improvement of the quality and quantity of the water."
Sec. 6. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 18th day of June, 1975.