NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 512

SENATE BILL 245

AN ACT TO AMEND CHAPTER 143B, ARTICLE 7 OF THE GENERAL STATUTES RELATING TO THE POWERS OF THE ENVIRONMENTAL MANAGEMENT COMMISSION.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 143B-282, as the same appears in the 1974 Supplement to Volume 3C of the General Statutes, is hereby amended by adding a new subsection (5) as follows:

"(5)      The Environmental Management Commission shall have the power to adopt regulations with respect to any State laws administered under its jurisdiction so as to accept evidence of compliance with corresponding federal law or regulation in lieu of a State permit, or otherwise modify a requirement for a State permit, upon findings by the commission, and after public hearings, that there are:

(a)        Similar and corresponding or more restrictive federal laws or regulations which also require an applicant to obtain a federal permit based upon the same general standards or more restrictive standards as the State laws and regulations require and;

(b)        That the enforcement of the State laws and regulations would require the applicant to also obtain a State permit in addition to the required federal permit and;

(c)        That the enforcement of the State laws and regulations would be a duplication of effort on the part of the applicant and;

(d)        Such duplication of State and federal permit requirements would result in an unreasonable burden not only on the applicant, but also on the citizens and resources of the State."

Sec. 2.  This bill shall become effective on July 1, 1975.

In the General Assembly read three times and ratified, this the 10th day of June, 1975.