Bill Summary for S 828 (2011-2012)

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Summary date: 

Jun 7 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 628 (Public) Filed Thursday, April 14, 2011
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.

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Bill summary

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.