Bill Summary for S 628 (2011-2012)

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Summary date: 

Apr 14 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

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.