15A NCAC 02D .1906. DELEGATION TO COUNTY GOVERNMENTS

(a)  The governing body of any county or municipality or group of counties or municipalities may establish a partial air pollution control program to implement and enforce this Section provided that:

(1)           It has the administrative organization, staff, financial and other resources necessary to carry out such a program;

(2)           It has adopted appropriate ordinances, resolutions, and regulations to establish and maintain such a program; and

(3)           It has otherwise complied with G.S. 143-215.112 "Local Air Pollution Control Programs."

(b)  The governing body shall submit to the Director documentation demonstrating that the requirements of Paragraph (a) of this Rule have been met. Within 90 days after receiving the submittal from the governing body, the Director shall review the documentation to determine if the requirements of Paragraph (a) of this Rule have been met and shall present his findings to the Commission. If the Commission determines that the air pollution program is adequate, it shall certify the local air pollution program to implement and enforce this Section within its area of jurisdiction.

(c)  County and municipal governments shall not have the authority to issue permits for air curtain burners at a permanent site as defined in 15A NCAC 02D .1904.

(d)  The three certified local air pollution programs, the Western North Carolina Regional Air Quality Control Agency, the Forsyth County Environmental Affairs Department, and Mecklenburg County Air Quality, a Division of Land Use and Environmental Services Agency, shall continue to enforce open burning rules as part of their local air pollution programs.

 

History Note:        Authority G.S. 143-215.3(a)(1); 143-215.112;

Eff. July 1, 1996;

Amended Eff. December 1, 2005; June 1, 2004.