(a)  The Division shall consider an applicant's compliance history in accordance with G.S. 143-215.1(b)(4)b.2. and with the requirements contained within this Rule for environmental permits and certifications issued under Article 21.  Paragraph (b) of this Rule is a partial set of criteria for routine consideration under G.S. 143-215.1(b)(4)b.2.  The Director may also consider other compliance information in determining compliance history. 

(b)  When any of the following apply, permits for new and expanding facilities shall not be granted, unless the Division determines that the permit is specifically and solely needed for the construction of facilities to resolve non-compliance with any environmental statute or rule:

(1)           The applicant or any parent, subsidiary, or other affiliate of the applicant or parent has been convicted of environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B where all appeals have been abandoned or exhausted. 

(2)           The applicant or any affiliation has previously abandoned a wastewater treatment facility without properly closing the facility in accordance with the permit or this Subchapter.

(3)           The applicant or any affiliation has not paid a civil penalty where all appeals have been abandoned or exhausted.

(4)           The applicant or any affiliation is currently not compliant with any compliance schedule in a permit, settlement agreement or order.

(5)           The applicant or any affiliation has not paid an annual fee in accordance with Rule .0105(e)(2).

(c)  Any variance to this Rule shall be approved by the Director and shall be based on the current compliance status of the permittee's facilities and the magnitude of previous violations.  Variance approval shall not be delegated to subordinate staff. 


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

Eff. September 1, 2006.