Bill Summary for S 391 (2013-2014)

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Summary date: 

Mar 21 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 391 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO DECLARE THAT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES HAS WAIVED ITS RIGHT TO ISSUE A 401 CERTIFICATION AFTER PASSAGE OF A CERTAIN TIME AND TO FORBID THE DEPARTMENT FROM REQUIRING OR ISSUING A CERTIFICATION IN THAT CASE.
Intro. by Daniel, Brock.

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Bill summary

Enacts new GS 143-214.15 prohibiting the Department of Environment and Natural Resources (DENR) from requiring or issuing a water quality certification under section 401 the Clean Water Act if it fails or refuses to act on a request for a certification within one year after receiving the request. In such cases, the certification requirement is deemed to be waived.

Sets out the General Assembly's finding that DENR's failure to act on a certification request under section 401(a)(1) of the Clean Water Act within a reasonable time, not to exceed one year, constitutes a waiver of the certification requirement.

Effective July 1, 2013.