Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Commission,
on its own initiative or pursuant to a request under
G.S.
143-215.3(e), may grant
variances to the rules of this Subchapter.
(b) Requests for variances are submitted by
the applicant to the Commission. The application shall be submitted in writing
to the chairman of the Commission in care of the Director.
(c) The application shall contain the
following information:
(1) Applications filed
by counties or municipalities shall include a resolution of the County Board of
Commissioners or the governing board of the municipality requesting the
variance.
(2) A description of the
past, existing, or proposed activities or operations that have or would result
in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for
which a variance is requested. A location map showing the orientation of the
facility, potential for groundwater contaminant migration, as well as the area
covered by the variance request, with reference to at least two geographic
references including numbered roads, named streams/rivers, etc. shall be
included.
(4) Supporting
information to establish that the variance will not endanger the public health,
including health and environmental effects from exposure to groundwater
contaminants. Location of wells and other water supply sources including
details of well construction, if known, within 1/2 mile of site shall be shown
on a map.
(5) Supporting
information to establish that requirements of this Rule cannot be achieved by
providing the best available technology economically reasonable. This
information shall identify specific technology considered, the costs of
implementing the technology, and the impact of the costs on the
applicant.
(6) Supporting
information to establish that compliance would produce serious financial
hardship on the applicant.
(7)
Supporting information that compliance would produce serious financial hardship
without equal or greater public benefit.
(8) A copy of any Special Order that was
issued in connection with contaminants in the proposed area and supporting
information that applicant has complied with the Special Order.
(9) A list of the names and addresses of any
property owners within the proposed area of the variance, as well as property
owners adjacent to the site covered by the variance.
(d) Upon receipt of the application, the
Director shall review it for completeness and request additional information if
incomplete. When the application is complete, the Director shall give public
notice of the application and schedule the matter for a public hearing in
accordance with
G.S.
143-215.4(b) and the
procedures set out in Paragraph (e) of this Rule.
(e) Notice of Public Hearing:
(1) Notice of public hearing on any variance
application shall be circulated in the geographical areas of the proposed
variance. At least 20 days prior to the date of the hearing, the Director
shall:
(A) publish the notice one time in a
newspaper having general circulation in said county;
(B) submit the notice to the North Carolina
Department of Health and Human Services, Environmental Health Section and
appropriate local health director;
(C) submit the notice to any other federal,
state or local agency upon request;
(D) submit the notice to the local
governmental unit or units having jurisdiction over the geographic area covered
by the variance;
(E) submit the
notice to any property owner within the proposed area of the variance, as well
as any property owners adjacent to the site covered by the variance;
(F) submit the notice to any person or group
upon request; and
(G) post the
notice on the Department website.
(2) The contents of public notice of any
hearing shall include the following:
(A) name,
address, and phone number of agency holding the public hearing;
(B) name and address of each applicant whose
application will be considered at the meeting;
(C) a brief summary of the variance
request;
(D) a geographic
description of a proposed area for which a variance is requested;
(E) a brief description of activities or
operations which have or will result in the discharge of contaminants to the
waters of the State described in the variance application;
(F) a brief reference to the public notice
issued for each variance application;
(G) information regarding the time and
location for the hearing;
(H) the
purpose of the hearing;
(I) the
address and phone number of premises at which interested persons may obtain
further information, request a copy of each application, and inspect and copy
forms and related documents; and
(J) a brief description of the nature of the
hearing including the rules and procedures to be followed. The notice shall
also state that additional information is on file with the Director and may be
inspected at any time during normal working hours. Copies of the information on
file will be made available upon request and payment of cost or
reproduction.
(f) All comments received within 30 days
following the date of publication in the newspaper in Part (e)(1)(A) of this
Rule shall be made part of the application file and shall be considered by the
Commission prior to taking final action on the application.
(g) In determining whether to grant a
variance, the Commission shall consider whether the applicant has complied with
any Special Order or Special Order by Consent issued under
G.S.
143-215.2.
(h) The applicant may file a petition for a
contested case in accordance with Chapter 150B of the General Statutes. If the
petition is not filed within 60 days, the decision on the variance shall be
final and binding.
(i) A variance
shall not operate as a defense to an action at law based upon a public or
private nuisance theory or any other cause of action.
Authority
G.S.
143-215.3(a)(1);
143-215.3(a)(3);
143-215.3(a)(4);
143-215.3(e);
143-215.4;
Eff.
August 1, 1989;
Amended Eff. October 1, 1993;
Readopted
Eff. June 1, 2022.
