143B-279.1. Department of Environmental Quality – creation. (a) There is hereby created and constituted a department to be known as the Department of Environmental Quality, with the organization, powers, and duties defined in this Article and other applicable provisions of law. (b) The provisions of Article 1 of this Chapter not inconsistent with this Article […]
143B-279.10. Recordation of contaminated sites. (a) The owner of the real property on which a site is located that is subject to current or future use restrictions approved as provided in G.S. 143B-279.9(a) shall submit to the Department a survey plat as required by this section within 180 days after the owner is notified to […]
143B-279.11. Recordation of residual petroleum from underground or aboveground storage tanks or other sources. (a) The definitions set out in G.S. 143-215.94A and G.S. 143B-279.9 apply to this section. This section applies only to a cleanup pursuant to a remedial action plan that addresses environmental damage resulting from a discharge or release of petroleum from […]
143B-279.12. One-stop permits for certain environmental permits. (a) The Department of Environmental Quality shall establish a one-stop environmental permit application assistance and tracking system program for all its regional offices. The Department shall provide to each person who submits an application for any environmental permit subject to this section to any regional office a time […]
143B-279.13. Express permit and certification reviews. (a) The Department of Environmental Quality shall develop an express review program to provide express permit and certification reviews in all of its regional offices. Participation in the express review program is voluntary, and the program is to become supported by the fees determined pursuant to subsection (b) of […]
143B-279.14. Express Review Fund. The Express Review Fund is created as a special nonreverting fund. All fees collected under G.S. 143B-279.13 shall be credited to the Express Review Fund. The Express Review Fund shall be used for the costs of implementing the express review program under G.S. 143B-279.13 and the costs of administering the program, […]
143B-279.16. Civil penalty assessments. (a) The purpose of this section is to provide to the person receiving a notice of violation of an environmental statute or an environmental rule a greater opportunity to understand what corrective action is needed, receive technical assistance from the Department of Environmental Quality, and to take the needed corrective action. […]
143B-279.17. Tracking and report on permit processing times. The Department of Environmental Quality shall track the time required to process all permit applications in the One-Stop for Certain Environmental Permits Programs established by G.S. 143B-279.12 and the Express Permit and Certification Reviews established by G.S. 143B-279.13 that are received by the Department. The processing time […]
143B-279.2. Department of Environmental Quality – duties. It shall be the duty of the Department: (1) To provide for the protection of the environment; (1a) To administer the State Outer Continental Shelf (OCS) Task Force and coordinate State participation activities in the federal outer continental shelf resource recovery programs as provided under the OCS Lands […]
143B-279.3. Department of Environmental Quality – structure. (a) All functions, powers, duties, and obligations previously vested in the following subunits of the following departments are transferred to and vested in the Department of Environmental Quality by a Type I transfer, as defined in G.S. 143A-6: (1) Radiation Protection Section, Division of Health Service Regulation, Department […]
143B-279.4. The Department of Environmental Quality – Secretary; Deputy Secretaries. (a) The Secretary of Environmental Quality shall be the head of the Department. (b) The Secretary may appoint two Deputy Secretaries. (1989, c. 727, s. 3; 1989 (Reg. Sess., 1990), c. 1004, s. 19(a); 1997-443, s. 11A.119(a); 2015-241, ss. 14.30(u), (v).)
143B-279.7. Fish kill response protocols; report. (a) The Department of Environmental Quality shall coordinate an intradepartmental effort to develop scientific protocols to respond to significant fish kill events utilizing staff from the Division of Water Resources, Division of Marine Fisheries, Department of Health and Human Services, Wildlife Resources Commission, the scientific community, and other agencies, […]
143B-279.8. Coastal Habitat Protection Plans. (a) The Department shall coordinate the preparation of draft Coastal Habitat Protection Plans for critical fisheries habitats. The goal of the Plans shall be the long-term enhancement of coastal fisheries associated with each coastal habitat identified in subdivision (1) of this subsection. The Department shall use the staff of those […]
143B-279.9. Land-use restrictions may be imposed to reduce danger to public health at contaminated sites. (a) In order to reduce or eliminate the danger to public health or the environment posed by the presence of contamination at a site, an owner, operator, or other responsible party may impose restrictions on the current or future use […]
143B-282. Environmental Management Commission – creation; powers and duties. (a) There is hereby created the Environmental Management Commission of the Department of Environmental Quality with the power and duty to promulgate rules to be followed in the protection, preservation, and enhancement of the water and air resources of the State. (1) Within the limitations of […]
143B-282.1. Environmental Management Commission – quasi-judicial powers; procedures. (a) With respect to those matters within its jurisdiction, the Environmental Management Commission shall exercise quasi-judicial powers in accordance with the provisions of Chapter 150B of the General Statutes. This section and any rules adopted by the Environmental Management Commission shall govern such proceedings: (1) Exceptions to […]
143B-283. Environmental Management Commission – members; selection; removal; compensation; quorum; services. (a) Repealed by Session Laws 2013-360, s. 14.23(a), effective July 1, 2013. (a1) The Environmental Management Commission shall consist of 15 members as follows: (1) One appointed by the Governor who shall be a licensed physician. (2) One appointed by the Governor who shall […]
143B-284. Environmental Management Commission – officers. The Environmental Management Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission […]
143B-285. Environmental Management Commission – meetings. The Environmental Management Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least five members. (1973, c. 1262, s. 22.)
143B-285.20. Short title. This Part shall be known and cited as the Environmental Education Act of 1993. (1993, c. 501, s. 28.)
