Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Department
shall have the authority to deny a permit application to any person on finding
that the well site for which a permit is requested is in violation of any of
the rules contained in this Subchapter, the issuance of the permit would result
in a violation of any rule of this Subchapter or other applicable law or rule,
or for any of the following factors:
(1) the
permit application is incomplete and the time has lapsed for resubmission in
accordance with Rule .1307 of this Subchapter;
(2) the requirements of Section .1400 of this
Subchapter have not been met;
(3)
the operation will have significant adverse effects on surface water,
groundwaters, wildlife, habitats of rare and endangered flora and fauna and
other critical communities; or freshwater, estuarine, or marine
fisheries;
(4) the operation will
constitute a physical hazard to public health and safety or to a neighboring
occupied dwelling, school, church, hospital, commercial or industrial building,
public road, or other public property;
(5) the operation will have a significant
adverse effect on the uses of a publicly-owned park, forest, recreation area,
or historical and archeological sites listed on the Federal or State list of
historic places;
(6) previous
experience with similar operations indicates a substantial possibility that the
operation will result in deposits of sediment in stream beds or lakes in
violation of the Sediment Pollution Control Act of 1973 and
15A NCAC
02L .0202 and
15A NCAC
02B, landslides, or acid water pollution in
violation of
15A NCAC
02L .0202 and
15A NCAC
02B, which are incorporated by reference,
including subsequent amendments and editions; or
(7) the Department finds that the applicant,
permittee, or any parent, subsidiary, or other affiliate of the applicant or
permittee has not been in compliance with the Oil or Gas Conservation Act,
rules of this Subchapter, other laws or rules of this State for the protection
of the environment administered by the Department, any plan approval, permit,
or order issued by the Department, or has not corrected all violations that the
applicant, permittee, or any parent, subsidiary, or other affiliate of the
applicant, permittee, or parent has committed under this Act or rules adopted
under the Act that resulted in:
(A) the
revocation of a permit;
(B) the
forfeiture of part of all of a bond or other security;
(C) a conviction of a misdemeanor or any
other court order; or
(D) the final
assessment of a civil penalty.
(b) In the absence of any finding set out
above, or if adverse effects are mitigated by the applicant or permittee as
approved by the Department, a permit shall be granted.
