SUBCHAPTER 01D ‑ PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND PRIVATE POLLUTION CONTROL REVENUE BONDS

 

 

This Subchapter 1D of Title 15A of the North Carolina Administrative Code (T15A.01D); PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS; has been transferred and recodified from Subchapter 1E of Title 15 of the North Carolina Administrative Code (T15.01E), effective November 1, 1989.

 

SECTION .0100 ‑ PURPOSE AND DEFINITIONS

 

15A NCAC 01D .0101       PURPOSE

 

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

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

15A NCAC 01D .0102       DEFINITIONS OF TERMS

The terms used in this Subchapter shall be as defined in G.S. 159C‑3 and as follows:

(1)           EHNR shall mean the Department of Environment, Health, and Natural Resources.

(2)           Secretary shall mean the Secretary of EHNR or his appointed designee.

(3)           Project certification shall mean a written statement by the Secretary of EHNR, the state agency having jurisdiction over environmental matters, as provided in G.S. 113A‑1 et seq. and G.S. 143‑215.11 et seq., that a proposed industrial project will meet the criteria contained in Rule .0302 of this Subchapter and a proposed pollution control project will meet the criteria contained in Rule .0303 of this Subchapter.

 

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

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988.

 

SECTION .0200 ‑ CERTIFICATION PROCEDURES

 

15A NCAC 01D .0201       PURPOSE

15A NCAC 01D .0202       REQUEST FROM THE SECRETARY OF THE DEPARTMENT OF ECD

15A NCAC 01D .0203       FORMAL PROJECT CERTIFICATION: ISSUANCE

15A NCAC 01D .0204       FORMAL PROJECT CERTIFICATION: DENIAL

15A NCAC 01D .0205       REIMBURSEMENT OF EXTRAORDINARY EXPENSES

 

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

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

SECTION .0300 ‑ CERTIFICATION CRITERIA

 

15A NCAC 01D .0301       GENERAL

 

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

Eff. June 16, 1977;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

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.

 

15A NCAC 01D .0303       MATERIALLY FAVORABLE IMPACT TEST

In the case where the Secretary of ECD requests a project certification for a proposed water and/or air pollution control project, the Secretary of EHNR will apply the "materially favorable" test.  If the Secretary determines that the project meets all relevant state emission control standards, water effluent limitations, pretreatment standards (if applicable), new source performance standards, and toxic substances emission effluent limitations, does not contravene any ambient air or water quality standard, and has no other materially adverse effect on the environment, the Secretary will certify that the project will have a materially favorable impact on the environment, or will prevent or diminish materially the impact of the pollution which would otherwise occur.  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 impact of a project has been duly considered.

 

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

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988.

 

15A NCAC 01D .0304       RESPONSIBILITY FOR PROVIDING INFORMATION

 

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

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.