04 NCAC 01E .0307          CAPABILITY TEST

(a)  G.S. 159C‑7 specifies that in the case of either "...an industrial or a pollution control project, except for a public utility, that the proposed operator of the proposed project has demonstrated or can demonstrate the capability to operate such a project...."

(b)  The applicant has the burden of showing that capability exists in the operator to operate and maintain the facility efficiently and effectively.  Financial strength and prior related experience by the operator will be given great weight.  Where little or no prior experience can be demonstrated, the qualifications of management, including production or engineering staff, as applicable, will be of great significance.


History Note:        Authority G.S. 159C‑7; 159C‑8;

Eff. August 2, 1976;

Amended Eff. November 21, 1978;

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