15A NCAC 14A .0404. COMMENCEMENT OF PROCEEDINGS

(a)  A proceeding before the Board is commenced by the filing of a petition by the Authority or the operator in accordance with G.S. 104E‑6.2 together with a Certificate of Service establishing service of a copy of the petition on each city and county in which any portion of the facility is or is to be located.

(b)  The petition shall contain:

(1)           The name, address and telephone number of the petitioner, and the names of the city and county in which the facility is or is to be located; and

(2)           A short plain statement of facts and issues which addresses all grounds covered in Rule .0403 of this Section.  Such statement shall specifically include a description of:

(A)          The action giving rise to the petition;

(B)          The ordinance, or a certified copy of the ordinance if available;

(C)          The effect of the ordinance on the facility's establishment or operation, specifying those provisions of the ordinance alleged to prevent the establishment or operation of the facility;

(D)          Attempts made by the petitioner to resolve the issue with each city and county in which the facility is or is to be located;

(E)           Any actions taken to comply with the ordinance or any of its provisions;

(F)           Status of and compliance with all applicable state and federal permits or approvals;

(G)          Why the facility is needed;

(H)          Opportunities local citizens and elected officials have had to participate in the siting process;

(I)            Documentation that the construction and operation of a facility will not pose an unreasonable health or environmental risk to the surrounding locality.  For purposes of the filing of this petition, this documentation shall be deemed complete if it describes the information submitted for all applicable state and federal permits or approvals;

(J)            Measures that the facility operator or Authority have taken or consented to take to avoid or manage foreseeable risks and to comply to the maximum feasible extent with any applicable ordinance;

(K)          Metes and bounds description, site plan, maps or other information describing the facility and its location; and

(L)           All other information the petitioner believes relevant and which constitutes grounds for relief under G.S. 104E‑6.2.

(c)  Within ten days of receipt of the petition, the Executive Director of the Board, or his designee, shall review the petition and determine the completeness of the petition under Rule .0404(b) of this Section.  If the petition is determined to be incomplete, the Executive Director shall return it to the petitioner with a statement of the reasons it is deficient.  Return of a petition for incompleteness in no way precludes the petitioner from re‑filing a revised petition.  If the petition is found to be complete, the Executive Director shall send a notice of proceeding in accordance with Rule .0405 of this Section.

 

History Note:        Authority G.S. 104E‑6.2; 143B‑216.13(14);

Eff. February 1, 1990.