§ 143-215.2. Special orders.
§ 143‑215.2. Special orders.
(a) Issuance. The Commission may, after the effective date ofclassifications, standards and limitations adopted pursuant to G.S. 143‑214.1or G.S. 143‑215, or a water supply watershed management requirementadopted pursuant to G.S. 143‑214.5, issue, and from time to time modifyor revoke, a special order, or other appropriate instrument, to any person whomit finds responsible for causing or contributing to any pollution of the watersof the State within the area for which standards have been established. Theorder or instrument may direct the person to take, or refrain from taking anaction, or to achieve a result, within a period of time specified by thespecial order, as the Commission deems necessary and feasible in order toalleviate or eliminate the pollution. The Commission is authorized to enterinto consent special orders, assurances of voluntary compliance or othersimilar documents by agreement with the person responsible for pollution of thewater, subject to the provisions of subsection (a1) of this section regardingproposed orders, and the consent order, when entered into by the Commissionafter public review, shall have the same force and effect as a special order ofthe Commission issued pursuant to hearing.
(a1) Public Notice and Review of Consent Orders.
(1) The Commission shall give notice of a proposed consent orderto the proper State, interstate, and federal agencies, to interested persons,and to the public. The Commission may also provide any other data it considersappropriate to those notified. The Commission shall prescribe the form andcontent of the notice. The notice shall be given at least 45 days prior to anyfinal action regarding the consent order. Public notice shall be given bypublication of the notice one time in a newspaper having general circulationwithin the county in which the pollution originates.
(2) Any person who desires a public meeting on any proposedconsent order may request one in writing to the Commission within 30 days followingdate of the notice of the proposed consent order. The Commission shallconsider all such requests for meetings. If the Commission determines thatthere is significant public interest in holding a meeting, the Commission shallschedule a meeting and shall give notice of such meeting at least 30 days inadvance to all persons to whom notice of the proposed consent order was givenand to any other person requesting notice. At least 30 days prior to the dateof meeting, the Commission shall also have a copy of the notice of the meetingpublished at least one time in a newspaper having general circulation withinthe county in which the pollution originates. The Commission shall prescribethe form and content of notices under this subsection.
(3) The Commission shall prescribe the procedures to be followedin such meetings. If the meeting is not conducted by the Commission, detailedminutes of the meeting shall be kept and shall be submitted, along with anyother written comment, exhibits or other documents presented at the meeting, tothe Commission for its consideration prior to final action granting or denyingthe consent order.
(4) The Commission shall take final action on a proposed consentnot later than 60 days following notice of the proposed consent order or, if apublic meeting is held, within 90 days following such meeting.
(b) Procedure to Contest Certain Orders. A special order thatis issued without the consent of the person affected may be contested by thatperson by filing a petition for a contested case under G.S. 150B‑23within 30 days after the order is issued. If the person affected does not filea petition within the required time, the order is final and is not subject toreview.
(c) Repealed by Session Laws 1987, c. 827, s. 160.
(d) Effect of Compliance. Any person who installs a treatmentworks for the purpose of alleviating or eliminating water pollution incompliance with the terms of, or as a result of the conditions specified in, apermit issued pursuant to G.S. 143‑215.1, or a special order, consentspecial order, assurance of voluntary compliance or similar document issuedpursuant to this section, or a final decision of the Commission or a courtrendered pursuant to either of said sections, shall not be required to take orrefrain from any further action nor be required to achieve any further resultsunder the terms of this or any other State law relating to the control of waterpollution, for a period to be fixed by the Commission or court as it shall deemfair and reasonable in the light of all the circumstances after the date whensuch special order, consent special order, assurance of voluntary compliance,other document, or decision, or the conditions of such permit become finallyeffective, if:
(1) The treatment works result in the elimination or alleviationof water pollution to the extent required by such permit, special order,consent special order, assurance of voluntary compliance or other document, ordecision and complies with any other terms thereof; and
(2) Such person complies with the terms and conditions of suchpermit, special order, consent special order, assurance of voluntarycompliance, other document, or decision within the time limit, if any,specified therein or as the same may be extended, and thereafter remains incompliance. (1951, c. 606;1955, c. 1131, s. 2; 1967, c. 892, s. 1; 1973, c. 698, s. 3; c. 1262, s. 23;1975, c. 19, s. 52; 1979, c. 889; 1987, c. 827, ss. 154, 160; 1989, c. 426, s.3; c. 766, s. 1; 1995 (Reg. Sess., 1996), c. 626, s. 3.)