Bill Text: NC S391 | 2013-2014 | Regular Session | Amended
Bill Title: 401 Certification Clarification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-03-21 - Ref To Com On Agriculture/Environment/Natural Resources [S391 Detail]
Download: North_Carolina-2013-S391-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 391
Short Title: 401 Certification Clarification. |
(Public) |
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Sponsors: |
Senators Daniel, Brock (Primary Sponsors); and Newton. |
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Referred to: |
Agriculture/Environment/Natural Resources. |
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March 21, 2013
A BILL TO BE ENTITLED
AN ACT to declare that the Department of Environment and Natural Resources has waived its right to issue a 401 certification after passage of a Certain time and to forbid the Department from requiring or issuing a certification in that case.
The General Assembly of North Carolina enacts:
SECTION 1. The General Assembly finds that, as set forth in federal law, the failure of the Department of Environment and Natural Resources to act on a request for certification under section 401(a)(1) of the Clean Water Act, 33 U.S.C. § 1341 within a reasonable time not to exceed one year constitutes a waiver of the certification requirement.
SECTION 2. Article 21 of Chapter 143 of the General Statutes is amended by adding a new section to read:
"§ 143‑214.15. Waiver of Water Quality Certification.
The Department shall not require or issue any water quality certification under the provisions of section 401 of the Clean Water Act, 33 U.S.C. § 1341, if it fails or refuses to act on a request for certification within one year after receipt of such request. In such cases, the certification requirement shall be deemed waived."
SECTION 3. This act becomes effective July 1, 2013.