15A NCAC 02H .1203      PUBLIC NOTICE

(a)  Notice of proposed Consent Order:

(1)           The Director is delegated the authority to prepare the notice of the proposed Consent Order and shall advertise it as specified in G.S. 143‑215.2(a1)(1) at least 45 days prior to any final action by the Commission or the Director.

(2)           The Notice shall include at least the following:

(A)          name, address, and phone number of the agency issuing the public notice;

(B)          name and address of the person to whom the order is directed;

(C)          a brief summary of the proposed conditions of the agreement including a disclosure of the final compliance date and the major permit conditions which the permittee will be allowed to exceed;

(D)          a brief description of the procedures to be followed by the Commission or Director in reaching a final determination on the proposed agreement.  This shall include explanations of the comment period and how interested persons may influence or comment on the proposal along with procedures to request a public meeting.  The description shall specify that requests for a public meeting and comments are to be received by the Division within 30 days following the newspaper publication of the public notice;

(E)           a description of the information available for public review, where it can be found, and procedures for obtaining copies of pertinent documents.

(b)  Notice of public meetings for proposed Consent Order:

(1)           The Director shall consider all requests for a public meeting and if he determines that there is significant public interest, then he will cause such a meeting to be held.

(2)           Public meetings shall be noticed by the Director at least 30 days prior to the meeting.

(3)           The Notice shall be advertised in a local newspaper and provided to those persons specified in G.S. 143‑215.2(a1)(2) for water quality special orders and G.S. 143‑215.110(a1)(2) for air quality special orders.

(4)           The Notice shall include the information specified in (a)(2)(A), (B), (C) and (E) of this Rule relative to the identification of the parties involved, the conditions of the proposal, how to obtain additional information and the procedures to be followed by the Commission in reaching a final determination.  It should also provide full information regarding the time and location for the meeting along with procedures for the various methods of providing comment.

(c)  Any person may request to receive copies of all notices required by this Rule, and the Director shall mail copies of notices to those who have submitted a request.

(d)  The Director may combine the requirements in Paragraphs (a) and (b) of this Rule with a combination comment period and public meeting notice.

(e)  Any Special Order by Consent may be amended by the Director to incorporate minor modifications, such as reallocations of allowable flows, modification of standard conditions to reflect updated versions, correct typographical errors and interim date extensions, in a consent order without public notice provided that the said modifications may not extend final compliance date by more than four months.

(f)  The requirements of this Rule for public notice and public meeting were developed to apply to Special Orders by Consent.  The Commission may specify other conditions for Special Orders issued without consent.


History Note:        Authority G.S. 143‑215.2; 143‑215.3(a)(1); 143‑215.3(a)(3);

143‑215.3(a)(4); 143‑215.110;

Eff. November 1, 1990;

Amended Eff. August 3, 1992.