Bill Text: NC S628 | 2011-2012 | Regular Session | Amended
Bill Title: WQ Permitting/Withheld Information
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-06-08 - Ref To Com On Environment [S628 Detail]
Download: North_Carolina-2011-S628-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
S 2
SENATE BILL 628
Agriculture/Environment/Natural Resources Committee Substitute Adopted 6/7/11
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Short Title: WQ Permitting/Withheld Information. |
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April 19, 2011
A BILL TO BE ENTITLED
AN ACT to establish a criminal penalty for the intentional withholding of information material to a determination concerning a water quality permit or certification, and to authorize the environmental management commission to deny a water quality permit or Certification if an applicant intentionally withholds information or knowingly provides false information that is material to a determination concerning a water quality permit or certification.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 143‑215.6B(i) reads as rewritten:
"(i) Any person who who (i) intentionally
withholds or omits information that is material to a permitting or
certification determination made pursuant to this Article or a rule
implementing this Article; (ii) knowingly makes any false statement,
representation, or certification in any application, record, report, plan, or
other document filed or required to be maintained under this Article or a rule
implementing this Article; or who (iii) knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under
this Article; or who(iv) falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be
operated or maintained under this Article or rules of the Commission
implementing this Article shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed ten thousand dollars ($10,000). If information
that is material to a permitting or certification determination is intentionally
withheld, or if a false statement, representation, or certification is knowingly
made in an application to the Commission for a permit or certification or in
any data, plan, or other document submitted in support of an application for a
permit or certification, then in addition to all other penalties imposed by
this Article, the Commission shall deny the permit or certification. For
purposes of this subsection, information is material to a permitting or
certification determination if the information relates to the ability of the Commission
or the ability of the Department, as applicable, to (i) evaluate the impacts to
natural resources caused by the activity for which the permit or certification
is sought; (ii) implement applicable statutes or rules governing the evaluation
of the permit or certification application; or (iii) evaluate appropriate
conditions that may be required in the permit or certification to reduce,
mitigate, or eliminate impacts to natural resources affected by the activity
for which the permit or certification is sought."
SECTION 2. This act is effective when it becomes law and applies to applications for permits or certifications submitted on or after that date.
