(a)  The Director shall take final action on all applications not later than 90 days following receipt of a complete application together with all required information. All permits, renewals of permits, and decisions denying permits or renewals shall be in writing.

(b)  The Director shall:

(1)           issue a permit:

(A)          containing such conditions as are necessary to effectuate the purposes of Article 21, Chapter 143 of the General Statutes; and

(B)          containing time schedules for achieving compliance with applicable effluent standards and limitations, surface water or groundwater standards and other legally applicable requirements;

(2)           deny a permit application if necessary to effectuate:

(A)          the purposes of Article 21, Chapter 143;

(B)          the purposes of G.S. 143‑215.67(a); or

(C)          rules on groundwater quality standards found in Subchapter 02L of this Chapter; or

(3)           hold public meetings if necessary to obtain additional information needed to complete the review of the application. The application shall be considered as incomplete until the close of the meeting record.

(c)  The Division may require monitoring and reporting requirements, including of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to determine the source, quantity, and quality of the waste and its effect upon the surface water, ground waters, or wetlands. All reports shall be submitted on Division-supplied forms or forms approved by the Division as providing the same information as required by the Division's forms.

(d)  If a permit is denied, the letter of denial shall state the reason for denial and reasonable measures that the applicant may take to make the application approvable.

(e)  All permits requiring an annual fee shall be issued for a time period not to exceed eight years, except for those permits subject to Sections .1300 and .1400 of this Subchapter, which shall not exceed five years.


History Note:        Authority G.S. 143‑215.1(a); 143‑215.1(b); 143‑215.1(d); 143‑215.3(a)(1);

Eff. September 1, 2006;

Readopted Eff. September 1, 2018.