(a)  Upon receipt of an application for an oil refining facility permit, the director shall determine whether the application contains the necessary parts and whether the content and detail of those parts is sufficient to enable him to decide to issue or deny the permit.  If the application is incomplete, the director shall within 30 days of its receipt describe in writing to the applicant how the application is incomplete.  The applicant shall submit such additional information relating to the oil refining facility as the director deems necessary.  If the application is complete, the director shall so advise the applicant in writing within 30 days of its receipt.

(b)  Within 45 days of receiving a complete application, the director shall give notice of the application and of a public hearing to be held pursuant to Rule .0006 of this Subchapter to all of the following state agencies and other persons:

(1)           the North Carolina Coastal Resources Commission;

(2)           the North Carolina Department of Economic and Community Development;

(3)           the North Carolina Commercial and Sports Fisheries Committee;

(4)           the North Carolina Department of Cultural Resources;

(5)           the North Carolina Environmental Management Commission;

(6)           the North Carolina Forestry Council;

(7)           the North Carolina Department of Human Resources;

(8)           the North Carolina Marine Fisheries Commission;

(9)           the North Carolina Parks and Recreation Council;

(10)         the North Carolina Department of Transportation;

(11)         the North Carolina State Ports Authority;

(12)         the North Carolina Wildlife Resources Commission;

(13)         the Boards of County Commissioners for the county in which the oil refining facility is located or is proposed to be located and for contiguous counties;

(14)         the governing body of any incorporated municipality within 50 miles of the oil refining facility;

(15)         any person whose name is on the mailing list required in Rule .0011 of this Subchapter;

(16)         any owner of real property which is contiguous to the site of the oil refining facility; and

(17)         the applicant.

(c)  The notice which (b) of this Rule requires shall contain the following information:

(1)           The title "Notice of Application for Oil Refining Facility Permit," and a statement that the purpose of the notice is to obtain information, views, and arguments to assist the director in assessing the effects of the oil refining facility on the environment.

(2)           The name and address of the applicants and a brief description of the name, character, location, and capacity of the oil refining facility for which the permit is sought.

(3)           A summary of the analysis of effects submitted in the application as Subparagraph (14) of Rule .0004(c) of this Subchapter.

(4)           An invitation to persons who may be interested or affected by the facility to present, in writing or at the public hearing held pursuant to Rule .0006 of this Subchapter, their information, views, and arguments concerning the impacts of the construction and operation of the oil refining facility, including but not limited to the effects of the transfer of oil to and from the facility, on the environment.

(5)           A statement that written information, views, and arguments may be submitted to the director at a specified address at any time until 30 days after the close of the public hearing on the application.

(6)           An announcement of the date, time, and place of the public hearing held pursuant to Rule .0006 of this Subchapter.

(7)           A list of the state agencies which may review and comment on the application, and the date by which the agencies' comments should be submitted to the director.

(8)           The addresses and telephone numbers of two locations, one at the Department's offices in Raleigh and the other at a public location reasonably close to the site or proposed site of the oil refining facility, at which anyone may review the complete application.

(9)           A reference to the particular sections of the North Carolina General Statutes and the North Carolina Administrative Code applicable to the issuance or denial of oil refining facility permits.

(10)         A description of the nature of the hearing and the rules which will govern its conduct.

(11)         The name, address, and telephone number of a department official from whom additional information may be obtained.

(d)  The director shall arrange for the publication of the notice in a regularly published newspaper of general circulation:

(1)           in the county containing the site of the oil refining facility; and

(2)           in contiguous counties; and

(3)           in at least three different parts of the State.  Publication shall occur at least 30 days before the hearing.


History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. March 1, 1990; July 1, 1988; October 1, 1984.