STORMWATER PROGRAM REVISIONS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 684 (Public) Filed Thursday, April 6, 2023
AN ACT TO ESTABLISH DEADLINES FOR DECISIONS BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY ON APPLICATIONS FOR STORMWATER PERMITS AND APPLICATIONS FOR PERMITS PROCEEDING UNDER THE EXPRESS REVIEW PROGRAM AND TO MAKE OTHER CHANGES.
Intro. by Lee, Jarvis, Perry.

Status: Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Appropriations/Base Budget. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Apr 13 2023)
S 684

Bill Summaries:

  • Summary date: Apr 13 2023 - View Summary

    Amends GS 143-214.7 as follows. Requires the Department of Environmental Quality (DEQ) to approve or deny a stormwater permit, stream origination certification, or water quality certification within 90 processing days. Deems applications approved when DEQ has not issued or denied the permit within 120 processing days. Sets forth formula for calculating processing day. Specifies options for where an applicant can submit a permit application for processing.  Makes conforming changes.  

    Amends GS 143B-279.13, concerning DEQ’s express permit review program, as follows. Requires DEQ to issue or deny permits or certifications within the following processing days: 45 days for stormwater permits, stream origination certifications, and water quality certifications; 15 days for erosion and sedimentation control permits; and 60 days for Coastal Area Management Act permits. Deems a permit or certification as approved if DEQ fails to issue or deny the permit or certification within the following processing days: 90 days for stormwater permits, 60 days for stream origination certifications and water quality certifications, 30 days for erosion and sedimentation control permits, and 75 days for Coastal Area Management Act permits. Sets out criteria to be used when calculating processing days for purposes of these deadlines. Requires DEQ to return $1,000 of an application fee to an applicant for a permit or certification issued or denied beyond the number of processing days.

    Amends GS 143-215.3D by amending the fee charged for a state stormwater permit, so that instead of a fee of $505, the fee varies as follows: $505 for a permit regulating stormwater runoff for a development of 5 acres or less, $555 for a permit regulating stormwater runoff for development greater than 10 acres and not exceeding 25 acres, and $625 for a permit regulating stormwater runoff for a development greater than 25 acres. Requires DEQ to return any amount in excess of $505 of the application fee to an applicant for a stormwater permit if the permit is not issued or denied within 90 processing days.

    Appropriates $500,000 in nonrecurring funds for the 2023-24 fiscal year from the General Fund to the North Carolina Collaboratory for the creation and implementation of a system for automated completeness review of applications for stormwater permits, erosion and sediment control permits, and Coastal Management Permits. Appropriates $100,000 in nonrecurring funds for the 2023-24 fiscal year from the General Fund to NC State University to conduct a study on the use of artificial intelligence to generate stormwater permits.

    Applies to applications for permits and certifications pending on, or submitted on or after, the date the act becomes law.