15A NCAC 02T .0108       FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION

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

(b)  The Director may:

 (1)          issue a permit containing such conditions as are necessary to effectuate the purposes of Article 21, Chapter 143 of the General Statutes;

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

(3)           deny a permit application where necessary to effectuate:

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

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

(C)          rules on coastal waste treatment, disposal, found in Section 15A NCAC 02H .0400;

(D)          rules on groundwater quality standards found in Subchapter 02L of this Chapter.

(4)           hold public meetings when 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 any monitoring and reporting requirements, including groundwater, surface water or wetlands, waste, wastewater, sludge, soil, treatment process, lagoon/storage pond, and plant tissue, necessary to determine the source, quantity and quality of the waste and its effect upon the surface water, ground waters or wetlands.  All reports must 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(s) for denial and any reasonable measures which 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 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.