Agenda - 11-23-2015 - Item E.1 - Abstract - Session Law Effects

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132 violation of air quality rules, standards, or limitations or in response to an emergency situation causing an imminent danger to human health and safety. SECTION 4.25.(d) The Division of Air Quality, Department of Environment and Natural Resources, shall report to the Environmental Review Commission no later than November 1, 2016, on the status of the ambient air monitoring network and the Division's implementation of the requirements of this section. DIVISION OF AIR QUALITY NOTICE REQUIREMENTS SECTION 4.27. G.S. 143-215.110 reads as rewritten: "§ 143-215.110. Special orders. (a) Issuance. — The Commission is hereby empowered, after the effective date of standards and classifications adopted pursuant to G.S. 143-215.107, to issue (and from time to time to modify or revoke) a special order or other appropriate instrument, to any person whom it finds responsible for causing or contributing to any pollution of the air within the area for which standards have been established. Such an order or instrument may direct such person to take or refrain from taking such action, or to achieve such results, within a period of time specified by such special order, as the Commission deems necessary and feasible in order to alleviate or eliminate such pollution. The Commission is authorized to enter into consent special orders, assurances of voluntary compliance or other similar documents by agreement with the person responsible for pollution of the air, subject to the provisions of subsection (al) of this section regarding proposed orders, and such consent order, when entered into by the Commission after public review, shall have the same force and effect as a special order of the Commission issued pursuant to hearing. (al) Public Notice and Review of Consent Orders. (1) The Commission shall give notice of a proposed consent order to the proper State, interstate, and federal agencies, to interested persons, and to the public. The Commission may also provide any other data it considers appropriate to those notified. The Commission shall prescribe the form and content of the notice. The notice shall be given at least 430 days prior to any final action regarding the consent order. Public notice shall be given by publication of the notice ^ e time °..h,,.,ifig ge etu alai, ,,, ,4441 t4e eettaty in v�,hieh the 4ion et4ginates4or 30 days on the regulatory agency Web site. (2) Any person who desires a public meeting on any proposed consent order may request one in writing to the Commission within 30 days following date of the notice of the proposed consent order. The Commission shall consider all such requests for meetings. If the Commission determines that there is significant public interest in holding a meeting, the Commission shall schedule a meeting and shall give notice of such meeting at least 30 days in advance to all persons to whom notice of the proposed consent order was given and to any other person requesting notice. At least 30 days prior to the date of meeting, the Commission shall also have a copy of the notice of the meeting published at least time in a fi apet: hm,ifig gefiet:a e4ettlation within 4ie eettaty ifiv�,hieh too petit i s4or 30 days on the regulatory agency Web site. The Commission shall prescribe the form and content of notices under this subsection. PROHIBIT THE REQUIREMENT OF MITIGATION FOR IMPACTS TO INTERMITTENT STREAMS SECTION 4.31.(a) Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read: 143-214.7C. Prohibit the requirement of mitigation for impacts to intermittent streams. Except as required by federal law, the Department of Environment and Natural Resources shall not require mitigation for impacts to an intermittent stream. For purposes of this section, "intermittent stream" means a well-defined channel that has all of the following characteristics: It contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. Page 58 Session Law 2015-286 House Bill 765-Ratified