Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
N.C. Environmental Management Commission therefore resolves that:
(1) Whenever in these resolutions and rules
there exists a delegation of authority to the Director, Office of Water and Air
Resources (now the Division of Environmental Management), it shall become and
read as a delegation of authority to the Secretary of the Department of
Environment, Health, and Natural Resources to act on behalf of the N.C.
Environmental Management Commission; and
(2) The Secretary of the Department of
Environment, Health, and Natural Resources, in addition to the delegations
mentioned in Paragraph (a)(1) of this Rule, is hereby delegated the authority
to issue permits for the Environmental Management Commission as provided in
N.C. General Statutes 143-215.1,
143-215.108,
143-215.109,
143-215.15,
143-215.28, and
87-88, and to approve the use of
chemicals or other dispersants or treatment materials as provided in
G.S.
143-215.84(a), and the
Secretary or his delegate shall report all such issuances or approvals to the
Commission; and
(3) The Secretary
of the Department of Environment, Health, and Natural Resources may delegate
such of these authorities to any qualified employee of the Department of
Environment, Health, and Natural Resources upon a finding by the Secretary of
necessity in order to effectively and efficiently administer and enforce the
rules of the N.C. Environmental Management Commission.
(b) Power to Enter Operational Agreements.
The Commission authorizes the Secretary, on behalf of the Commission, to enter
into any future operational agreements among the Commission, the developer of a
condominium project or projects, and the condominium homeowners' association.
The purpose of the operational agreement is to provide for an orderly transfer
of permits issued to condominium project developers by the Commission; to
identify the party to whom the developer will transfer the permit; and to
guarantee that transferee homeowners' associations will comply with conditions
of permits issued developers.
(c)
Therefore, the Environmental Management Commission hereby resolves that: The
Secretary, Department of Environment, Health, and Natural Resources is
authorized to:
(1) determine eligibility of
applicants in accordance with Rule .0201, State Grants, found in Subchapter 2F
of this Title;
(2) give public
notice of each eligible application as required in Rule .0201, State Grants,
found in Subchapter 2F of this Title;
(3) notify the applicant of the Commissions'
recommended grant award as required in Rule .0201, State Grants, found in
Subchapter 2F of this Title;
(4)
notify the applicant of a determination by the Commission of failure to qualify
for a grant award as required in Rule .0201, State Grants, found in Subchapter
2F of this Title;
(5) forward to
the Department of Administration a Certificate of Eligibility for each grant
award as required in Rule .0201, State Grants, found in Subchapter 2F of this
Title;
(6) prepare and file the
annual report as required in Rule .0201, State Grants, found in Subchapter 2F
of this Title;
(7) redelegate any
or all of the above duties to employees of the Division of Environmental
Management.
Authority
G.S.
143-215.3(a)(1);
143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; July 1, 1988;
November 1, 1978;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. January 3,
2017.
