15A NCAC 02H .0507. ISSUANCE OF CERTIFICATION

(a)  Time Limit for Final Action on Certification Application.  All applications for certification shall be granted or denied within 60 days after receipt at the offices of the Director in Raleigh, North Carolina.  Failure to take final action within 60 days shall result in a waiver of the certification requirement by the Director, unless:

(1)           The applicant agrees, in writing, to a longer period;

(2)           Final decision is to be made pursuant to a public hearing;

(3)           Applicant fails to furnish information necessary to the Director's decision;

(4)           Applicant refuses the staff access to its records or premises for the purpose of gathering information necessary to the Director's decision or;

(5)           Information necessary to the Director's decision is unavailable.

(b)  Time Limit for Final Action on Certification Application After Hearing.  All applications for certification shall be granted or denied within 60 days after public hearing.  Failure to take final action within 60 days shall result in a waiver of the certification requirement by the Director unless the applicant otherwise agrees in writing, or unless Subparagraph (a)(3), (4), or (5) of this Rule shall apply.

(c)  Conditions of Certification.  Any certification issued pursuant to this Rule may contain such conditions as the Director shall deem necessary to insure compliance with Sections 301, 302, 303, 306, and 307 of the Federal Water Pollution Control Act Amendments.

(d)  Modification or Revocation of Certification

(1)           Any certification issued pursuant to this Rule shall be subject to revocation or modification for violation of conditions of 301, 302, 303, 306, and 307 of the Fed­eral Water Pollution Control Act Amendments.

(2)           Any certification issued pursuant to this Rule shall be subject to revocation or modification upon a determination that information contained in the application or presented in support thereof is incorrect or if conditions under which the certification was made have changed.

(e)  Notification of Unapproved Application.  In the event that the Director denies the application for certification or for any reason is unable to approve the application, the Director shall so notify the applicant by certified or registered mail, return receipt requested, specifying in such notification the reasons for the denial or inability to approve; and a copy of the notification shall be mailed to the appropriate federal licensing or permitting agency and EPA.

 

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.3(c); 143B-282(1)(u);

Eff. February 1, 1976;

Amended Eff. July 1, 1988; December 1, 1984;

RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity;

Recodifed from 15A NCAC 2H .0504 Eff. October 1, 1996;

Amended Eff. October 1, 1996.