15A NCAC 01C .0108       EMERGENCIES

(a)  Where emergency circumstances make it necessary to take an otherwise lawful action with potential environmental effects without observing the public review provisions of the NC EPA, the DENR agency taking the action shall notify the Secretary and limit actions to those necessary to control and mitigate for the immediate threat to the public health, safety, and welfare.

(b)  DENR agencies may prepare and maintain environmental documents for repetitive emergency programs affecting the public, to review the scope of involved activities, identify specific effects to be expected, and mitigation measures that can be employed in various circumstances to assure protection of the public and long‑term environmental productivity.

(c)  The minimum criteria established pursuant to Section .0400 of this Subchapter or the review processes for environmental assessments or environmental impact statements set out in Rules 01 NCAC 25 .0506 and .0605, may be altered where an emergency makes it necessary to take action or control or mitigate any threat to the public health, safety and welfare caused by the emergency.  Rule 01 NCAC 25 .1002 establishes the procedures to supplement the provisions of this Chapter in an emergency consistent with the policies of NC EPA.


History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑7; 143B‑10;

Eff. April 1, 2003.