15A NCAC 01E .0107       DECISION TO ISSUE OR DENY PERMIT

(a)  Within 45 days of the last day for submitting information, views, and arguments about the permit application, the director shall issue or deny the oil refining facility permit.

(b)  In deciding to issue or deny the permit, the director shall consider:

(1)           the permit application and supporting documents;

(2)           the information, views, and arguments which have been submitted during the permit process;

(3)           all facts of which judicial notice may be taken; and

(4)           other facts within the specialized knowledge of the Department.

(c)  The director shall base his decision on the effects which the construction or operation of the oil refining facility, including the transfer of oil to and from the facility, will or may have on the environment.  In evaluating those effects, the director shall consider the relationship of people with the specified parts of the natural and physical environment.  This means that, if the construction or operation of the oil refining facility, including the transfer of oil to and from the facility, will or may have a primary effect on the environment, the director shall consider the secondary effects on public health, safety and welfare, including but not limited to social, economic, aesthetic, historic, and cultural effects, which will or may result from those primary effects.

(d)  The director shall deny the permit upon a finding that:

(1)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will have substantial adverse effects on wildlife or on freshwater, estuarine, or marine fisheries; or

(2)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will violate standards of air or water quality promulgated or administered by the Environmental Management Commission; or

(3)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will have a substantial adverse effect on a publicly owned park, forest, or recreation area.

(e)  In the absence of a finding described in (d) of this Rule, the director shall issue the permit.

(1)           The director shall impose on any permit he issues the following terms and conditions:

(A)          The permit shall not be effective until the applicant has obtained the permits required by G.S. 143‑215.1, entitled "Control of sources of water pollution; permits required," and G.S. 143‑215.108, entitled "Control of sources of air pollution; permits required."  When the necessary water and air pollution control permits have been obtained by the applicant, the director upon the applicant's request shall confirm the effective date of the oil refining facility permit.

(B)          The applicant, on February 1 of each year following the year in which the applicant's permit became effective, shall submit to the director a description of the following aspects of the facility's operation as of that date:

(i)            as they are listed in Rule .0004(c)(7) (A), (B), (C), (D), (E), (F), (G), and (H); and

(ii)           transfer of oil to and from the facility, including but not limited to a statement of the amount and kind of vessel traffic which the facility's operation does or will generate.

Further, the applicant, in making this annual report, may adopt an oil refining facility permit application or portion thereof which the applicant has previously filed.  The adopted application or portion thereof must meet the standards for an adequate response to this permit term.  The applicant shall submit additional information about the facility's operation if the director deems it necessary and requests it.

(2)           The director has the authority to impose any additional terms and conditions on the permit which he deems necessary and appropriate to effectuate the purposes of the Act, including but not limited to terms and conditions requiring the installation of such facilities and the employment of such protective measures and operating procedures as he deems reasonable and necessary to prevent, contain, and remove any discharges to the waters or lands of the State, and to restore, restock, and replenish said waters or lands.

 

History Note:        Authority G.S. 143‑215.1; 143‑215.101; 143‑215.108;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.