(a)  Before the department can begin to make technical findings specified in G.S. 159C‑7(1) to (3), a finding must be made that the project is either:

(1)           an industrial project for industry,

(2)           a pollution control project for industry, or

(3)           a pollution control project for public utility, as defined in G.S. 159C‑3, and as defined in Article V, Section 9 of the constitution of North Carolina.

(b)  The department shall use the definitions of those terms found in Section .0100 of this Subchapter to make those jurisdictional findings.


History Note:        Authority G.S. 159C‑7;

Eff. August 2, 1976;

Amended Eff. March 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.