15A NCAC 01D .0302 NO MATERIALLY ADVERSE EFFECT ON THE ENVIRONMENT TEST
In the case where the Secretary of ECD has requested a project certification for a proposed industrial project, or for a pollution control project connected to a new or expanded industrial facility, the Secretary of EHNR will apply the "materially adverse" test, as follows: If the Secretary determines that no state water or air quality standard or limitation will be violated, that use of water by the industrial project will not substantially affect other users, and that the project will have no other materially adverse effect on the environment, the Secretary will certify that the project will not have a materially adverse effect on the environment. Issuance to the operator of the proposed project of valid wastewater discharge, air pollution control, water withdrawal permits and any other major permits determined by the Secretary to be required for the project, or determination by EHNR that such permits would not be required for a specific operation, may be considered as "compelling proof" that the environmental considerations surrounding a project have been duly evaluated.
History Note: Authority G.S. 159C‑7;
Eff. June 16, 1977;
Amended Eff. March 1, 1990; July 1, 1988.