Senate committee substitute makes the following changes to 1st edition. Deletes provisions of the previous edition regarding the requirement that the Department of Environment and Natural Resources conduct an environmental compliance review of each applicant for a water quality permit or certification, and concerning power granted to the Environmental Management Commission under GS 143-215.6B(b). Amends GS 143-215.6B(i) to provide additional language detailing what type of information is considered material to a permitting or certification determination under the statute. Makes clarifying changes. Changes title to AN ACT TO ESTABLISH A CRIMINAL PENALTY FOR THE INTENTIONAL WITHHOLDING OF INFORMATION MATERIAL TO A DETERMINATION CONCERNING A WATER QUALITY PERMIT OR CERTIFICATION, AND TO AUTHORIZE THE ENVIRONMENTAL MANAGEMENT COMMISSION TO DENY A WATER QUALITY PERMIT OR CERTIFICATION IF AN APPLICANT INTENTIONALLY WITHHOLDS INFORMATION OR KNOWINGLY PROVIDES FALSE INFORMATION THAT IS MATERIAL TO A DETERMINATION CONCERNING A WATER QUALITY PERMIT OR CERTIFICATION.
WQ PERMITTING/WITHHELD INFORMATION (NEW).
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TO PROVIDE (1) THAT THE ENVIRONMENTAL MANAGEMENT COMMISSION SHALL DENY A WATER QUALITY PERMIT OR CERTIFICATION WHEN THE APPLICANT KNOWINGLY FALSIFIES INFORMATION OR FAILS TO DISCLOSE RELEVANT INFORMATION IN THE APPLICATION OR SUPPORTING INFORMATION AND (2) THAT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES SHALL CONDUCT AN ENVIRONMENTAL COMPLIANCE REVIEW OF AN APPLICANT FOR A WATER QUALITY PERMIT OR CERTIFICATION PRIOR TO ISSUANCE OF A PERMIT OR CERTIFICATION.Intro. by Hartsell, Bingham.
Bill History:
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Thu, 14 Apr 2011 Senate: Filed
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Tue, 19 Apr 2011 Senate: Passed 1st Reading
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Tue, 19 Apr 2011 Senate: Ref To Com On Agriculture/Environment/Natural Resources
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Tue, 7 Jun 2011 Senate: Reptd Fav Com Substitute
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Tue, 7 Jun 2011 Senate: Com Substitute Adopted
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Tue, 7 Jun 2011 Senate: Placed On Cal For 6/7/2011
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Tue, 7 Jun 2011 Senate: Passed 2nd & 3rd Reading
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Wed, 8 Jun 2011 House: Passed 1st Reading
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Wed, 8 Jun 2011 House: Ref To Com On Environment
Bill Summaries:
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Bill S 828 (2011-2012)Summary date: Jun 7 2011 - View Summary
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Bill S 628 (2011-2012)Summary date: Apr 14 2011 - View Summary
Amends GS 143-215.6B, providing that any person who intentionally withholds or omits information that is material to a permitting or certification determination, or commits another act under existing law is guilty of a Class 2 misdemeanor. Adds that the Environmental Management Commission (Commission) must deny the permit or certification if a person intentionally withholds material information or knowingly makes a false statement in an application to the Commission for a permit or certification or in any supporting document. Enacts new subsection (i) to GS 143-215.1, directing the Department of Environment and Natural Resources (DENR) to conduct an environmental compliance review of each applicant for a water quality permit or certification, as specified, and to determine the extent to which the applicant or applicable party has substantially complied with requirements, as detailed. Makes a conforming change to GS 143-215.6B(b) (but appears to amend GS 143-215.1(b)) to remove certain compliance oversight from the list of the Commission’s powers. Applies to applications for permits and certifications submitted on or after the date the act becomes law.