SECTION .0300 ‑ REGISTRATION OF WATER WITHDRAWALS AND TRANSFERS

 

15A NCAC 02E .0301       APPLICATION; PROCESSING FEES

(a)  Any person subject to G.S. 143-215.22H, shall complete, sign, and submit an application for registration, on a form provided by the Department, to the Director of the Division of Water Resources.  The registration application and registration processing fee (if applicable) shall be mailed to the Division of Water Resources, North Carolina Department of Environment, Health, and Natural Resources, Post Office Box 27687, Raleigh, North Carolina 27611-7687.

(b)  Except as otherwise provided in this Rule, a non-refundable registration processing fee in the amount of fifty dollars ($50.00) shall be paid when the registration application form is submitted.

(1)           No registration application form is complete until the registration processing fee is paid.

(2)           Each facility from which a person withdraws or transfers one million gallons per day or more must be separately registered.  The registration application for each facility to be registered must include the fee in the amount set forth in this Rule.

(3)           A late registration fee in the amount of five dollars ($5.00) per day for each day the registration of a water transfer or withdrawal is late, up to a maximum of five hundred dollars ($500.00), shall be assessed as a penalty for failure to register the water transfer or withdrawal in a timely manner.  The penalty stops accruing on the date of receipt of the completed registration application by the Division of Water Resources.

(4)           Payment of the registration processing fee may be by check or money order made payable to the "N. C. Department of Environment, Health, and Natural Resources."  The check or money order shall refer to the water withdrawal or transfer registration application.

(c)  Except as otherwise provided in this Rule, upon receipt of a properly completed application form and the registration processing fee, the applicant shall be issued a receipt of registration.

(d)  Pursuant to G.S. 143-215.3(a)(la), and G.S. 143-215.22H, no fees including late registration fees for failing to register or update registrations in a timely manner, are required to be paid under this Rule by a farmer who submits an application for or an update of a registration of a withdrawal or transfer that pertains to farming operations.  Upon receipt of a properly completed application from a farmer, the applicant will be issued a receipt of registration.

(e)  Pursuant to G.S. 143-215.22H(c), separate registration of a water withdrawal or transfer is not required of a local government that completes and periodically revises and updates its water supply plan pursuant to G.S. 143-355(l).

(f)  Any person who withdraws or transfers one million gallons or more in any single day must register the withdrawal or transfer.

 

History Note:        Filed as a Temporary Rule Eff. October 14, 1991 for a Period of 180 Days to Expire on April 11, 1992;

Authority G.S. 143‑215.3(a)(1a); 143‑215.3(a)(1b); 143‑215.22H; 143-355(1);

Eff. April 1, 1992;

Amended Eff. September 1, 1994.