A BILL TO BE ENTITLED AN ACT TO PROVIDE REGULATORY CERTAINTY FOR NORTH CAROLINA BY REQUIRING THE DEVELOPMENT OF MINIMUM DESIGN CRITERIA FOR STORMWATER PERMITS TO GUIDE THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN PERMIT ISSUANCE AND TO REFORM THE PERMITTING PROCESS TO ALLOW A FAST-TRACK PERMITTING PROCESS FOR APPLICATIONS CERTIFIED BY A QUALIFIED PROFESSIONAL TO BE IN COMPLIANCE WITH THE MINIMUM DESIGN CRITERIA. Enacted June 12, 2013. Effective June 12, 2013.
Bill Summaries: H480 ENVIRONMENTAL PERMITTING REFORM.
Summary date: Jun 13 2013 - View Summary
Summary date: May 13 2013 - View Summary
House committee substitute makes the following changes to the 2nd edition.
Requires that the Minimum Design Criteria (MDC) developed by theDepartment of Environment and Natural Resources (DENR) for stormwater programs must include all requirements for siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for DENR to issue stormwater permits that comply with state water quality standards adopted under GS 143-214.1, GS 143-214.7, and GS 143-215.3(a)(1). Makes a conforming change to proposed GS 143-214.7B requiring that permits issued under the fast-track permitting process also comply with the state water quality standards adopted under the cited statutes.
Summary date: May 6 2013 - View Summary
House committee substitute makes the following changes to the first edition.
Changes the long title.
Deletes section 1(b) of the act, requiring the Department of Environment and Natural Resources (DENR) to adopt Minimum Design Criteria for erosion and sedimentation control plans. Also deletes Section 5(b), which contained a requirement that these rules be implemented by a specified date.
Makes organizational changes to the act, combining Section 1(a) and 2. Makes technical and clarifying changes. Changes the date for DENRs criteria and recommendations to be submitted to the EMC to September 1, 2014.
Amends GS 143-214.7B, changing the title to Fast-track permitting for stormwater management systems, (was, Fast-track permitting). Also requires submitted permit applications, pursuant to the fast-track permitting process, to be prepared by a qualified professional (previously, only required the application to be sealed by a professional engineer). Requires the EMC to consult with a technical working group, comprised of specified experts and interested stakeholders, in developing the rules for the fast-track permitting process. Sets out the following four minimum requirements that the rules must include: (1) a process for permit application, review, and determination; (2) a decision on which types of professionals are qualified to prepare a permit application submitted pursuant to this section and the types of qualifications the professional must have; (3) a process for ensuring compliance with the Minimum Design Criteria; and (4) a process for establishing the liability of a qualified professional who prepares a permit application for a stormwater management system that fails to comply with the Minimum Design Criteria.
Deletes Section 4 of the previous edition of the act, which contained the new section GS 113A-68, concerning fast-track plan approval for erosion and sedimentation control plans.
Requires the EMC to adopt rules implementing the fast-track permitting process by July 1, 2016 (was, February 1, 2014).
Summary date: Mar 28 2013 - View Summary
Requires the Department of Environment and Natural Resources (DENR) to develop Minimum Design Criteria for stormwater runoff permits. Requires that the criteria include requirement for the siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary for issuing a stormwater permit.
Also requires DENR to develop Minimum Design Criteria for erosion and sedimentation control plans issued by DENR and local governments. Requires that the criteria include requirements for the siting, site preparation, design and construction, and post-construction monitoring and evaluation necessary to approve an erosion and sedimentation control plan.
Requires DENR to consult with a working group, with specified experts, in developing the criteria and requires that recommendations be submitted to the Environmental Review Commission (EMC) by March 1, 2014.
Enacts new GS 143-214.7B and GS 113A-68 requiring the EMC and the Sedimentation Control Commission to adopt rules to implement fast track permitting processes for stormwater management system permits and approval of erosion and sedimentation control plans, without a technical review when the applicant (1) complies with the Minimum Design Criteria, and (2) submits a permit application sealed by a professional engineer. Rules implementing these statutes must be adopted by February 1, 2014.