§ 143‑215.1B. Extensionof date for compliance with nitrogen and phosphorus discharge limits.
(a) The Commission mayextend a compliance date established under G.S. 143‑215.1(c6) only inaccordance with the requirements of this section and only upon the request of aperson who holds a permit under G.S. 143‑215.1 that authorizes adischarge into surface waters to which the limits set out in subsections (c1)or (c2) of G.S. 143‑215.1 apply. The Commission shall act on a requestfor an extension of a compliance date within 120 days after the Commissionreceives the request. The Commission shall not extend a compliance date if theCommission concludes, on the basis of the scientific data available to theCommission at the time of the request, that the extension will result in aviolation of the antidegradation policy set out in 40 Code of FederalRegulations § 131.12 (1 July 1997 Edition). The Commission shall not extend acompliance date unless the Commission finds that the permit holder needsadditional time to develop a calibrated nutrient response model that meets therequirements of this section. If the Commission requires an individualdischarge to be limited to a maximum mass load or concentration that isdifferent from those set out in subsections (c1) or (c2) of G.S. 143‑215.1,the maximum mass load or concentration shall be substantiated by the model.
(b) The Commissionshall determine the extended compliance date by adding to the date on which theCommission grants the extension: (i) two years for the collection of dataneeded to prepare a calibrated nutrient response model; (ii) a maximum of oneyear to prepare the calibrated nutrient response model; (iii) the amount oftime, if any, that is required for the Commission to develop a nutrientmanagement strategy and to adopt rules or to modify discharge permits toestablish maximum mass loads or concentration limits based on the calibratednutrient response model; and (iv) a maximum of three years to plan, design,finance, and construct a facility that will comply with those maximum massloads and concentration limits. If the Commission finds that additional time isneeded to complete the construction of a facility, the Commission may furtherextend an extended compliance date by a maximum of two additional years.
(c) Notwithstanding theprovisions of G.S. 150B‑21.1(a), the Commission may adopt temporary rulesto establish maximum mass loads or concentration limits pursuant to thissection or as may otherwise be necessary to implement this section.
(d) A permit holder whois granted an extended compliance date under this section shall:
(1) Develop a calibratednutrient response model in conjunction with other affected parties and inaccordance with a timetable for the development of the model that has been approvedby the Commission. The model shall be based on current data, capable ofpredicting the impact of nitrogen and phosphorus in the surface waters, capableof being incorporated into any nutrient management plan developed by theCommission, and approved by the Commission.
(2) Evaluate andoptimize the operation of all facilities operated by the permit holder that arepermitted under G.S. 143‑215.1(c) and that discharge into the nutrientsensitive waters (NSW) for which the compliance date is extended pursuant tothis section in order to reduce nutrient loading.
(3) Evaluate methods toreduce the total mass load of waste that is discharged from all facilitiesoperated by the permit holder that are permitted under G.S. 143‑215.1(c)and that discharge into the nutrient sensitive waters (NSW) for which thecompliance date is extended pursuant to this section and determine whetherthese methods are cost‑effective.
(4) Evaluate methods toreduce the discharge of treated effluent from all facilities operated by thepermit holder that are permitted under G.S. 143‑215.1(c) and thatdischarge into the nutrient sensitive waters (NSW) for which the compliancedate is extended pursuant to this section; including land application oftreated effluent, the use of restored or created wetlands that are not locatedin a 100‑year floodplain to polish treated effluent, and other methods toreuse treated effluent; and determine whether these methods are cost‑effective.
(5) Report to theCommission on progress in the development of the calibrated nutrient responsemodel, on efforts to optimize the operation of facilities, on the evaluation ofmethods of reducing the total mass load of waste, and on the evaluation ofmethods to reduce the discharge of treated effluent. The Commission shallestablish a schedule for reports that requires the permit holder to report onat least a semiannual basis.
(e) The Commission mayrevoke an extension granted under this section and impose the limits set out insubsections (c1) and (c2) of G.S. 143‑215.1 if the Commission determinesthat a permit holder who has obtained an extension under this section has, atany time during the period of the extension:
(1) Failed to complywith the requirements of subsection (d) of this section; or
(2) Violated any conditionsor limitations of any permit issued under G.S. 143‑215.1 or special orderissued under G.S. 143‑215.2 if the violation is the result of conduct bythe permit holder that results in a significant violation of water qualitystandards. (1998‑212,s. 14.9H(c); 2004‑195, s. 1.6.)
§ 143‑215.1B. Extensionof date for compliance with nitrogen and phosphorus discharge limits.
(a) The Commission mayextend a compliance date established under G.S. 143‑215.1(c6) only inaccordance with the requirements of this section and only upon the request of aperson who holds a permit under G.S. 143‑215.1 that authorizes adischarge into surface waters to which the limits set out in subsections (c1)or (c2) of G.S. 143‑215.1 apply. The Commission shall act on a requestfor an extension of a compliance date within 120 days after the Commissionreceives the request. The Commission shall not extend a compliance date if theCommission concludes, on the basis of the scientific data available to theCommission at the time of the request, that the extension will result in aviolation of the antidegradation policy set out in 40 Code of FederalRegulations § 131.12 (1 July 1997 Edition). The Commission shall not extend acompliance date unless the Commission finds that the permit holder needsadditional time to develop a calibrated nutrient response model that meets therequirements of this section. If the Commission requires an individualdischarge to be limited to a maximum mass load or concentration that isdifferent from those set out in subsections (c1) or (c2) of G.S. 143‑215.1,the maximum mass load or concentration shall be substantiated by the model.
(b) The Commissionshall determine the extended compliance date by adding to the date on which theCommission grants the extension: (i) two years for the collection of dataneeded to prepare a calibrated nutrient response model; (ii) a maximum of oneyear to prepare the calibrated nutrient response model; (iii) the amount oftime, if any, that is required for the Commission to develop a nutrientmanagement strategy and to adopt rules or to modify discharge permits toestablish maximum mass loads or concentration limits based on the calibratednutrient response model; and (iv) a maximum of three years to plan, design,finance, and construct a facility that will comply with those maximum massloads and concentration limits. If the Commission finds that additional time isneeded to complete the construction of a facility, the Commission may furtherextend an extended compliance date by a maximum of two additional years.
(c) Notwithstanding theprovisions of G.S. 150B‑21.1(a), the Commission may adopt temporary rulesto establish maximum mass loads or concentration limits pursuant to thissection or as may otherwise be necessary to implement this section.
(d) A permit holder whois granted an extended compliance date under this section shall:
(1) Develop a calibratednutrient response model in conjunction with other affected parties and inaccordance with a timetable for the development of the model that has been approvedby the Commission. The model shall be based on current data, capable ofpredicting the impact of nitrogen and phosphorus in the surface waters, capableof being incorporated into any nutrient management plan developed by theCommission, and approved by the Commission.
(2) Evaluate andoptimize the operation of all facilities operated by the permit holder that arepermitted under G.S. 143‑215.1(c) and that discharge into the nutrientsensitive waters (NSW) for which the compliance date is extended pursuant tothis section in order to reduce nutrient loading.
(3) Evaluate methods toreduce the total mass load of waste that is discharged from all facilitiesoperated by the permit holder that are permitted under G.S. 143‑215.1(c)and that discharge into the nutrient sensitive waters (NSW) for which thecompliance date is extended pursuant to this section and determine whetherthese methods are cost‑effective.
(4) Evaluate methods toreduce the discharge of treated effluent from all facilities operated by thepermit holder that are permitted under G.S. 143‑215.1(c) and thatdischarge into the nutrient sensitive waters (NSW) for which the compliancedate is extended pursuant to this section; including land application oftreated effluent, the use of restored or created wetlands that are not locatedin a 100‑year floodplain to polish treated effluent, and other methods toreuse treated effluent; and determine whether these methods are cost‑effective.
(5) Report to theCommission on progress in the development of the calibrated nutrient responsemodel, on efforts to optimize the operation of facilities, on the evaluation ofmethods of reducing the total mass load of waste, and on the evaluation ofmethods to reduce the discharge of treated effluent. The Commission shallestablish a schedule for reports that requires the permit holder to report onat least a semiannual basis.
(e) The Commission mayrevoke an extension granted under this section and impose the limits set out insubsections (c1) and (c2) of G.S. 143‑215.1 if the Commission determinesthat a permit holder who has obtained an extension under this section has, atany time during the period of the extension:
(1) Failed to complywith the requirements of subsection (d) of this section; or
(2) Violated any conditionsor limitations of any permit issued under G.S. 143‑215.1 or special orderissued under G.S. 143‑215.2 if the violation is the result of conduct bythe permit holder that results in a significant violation of water qualitystandards. (1998‑212,s. 14.9H(c); 2004‑195, s. 1.6.)
§ 143‑215.1B. Extensionof date for compliance with nitrogen and phosphorus discharge limits.
(a) The Commission mayextend a compliance date established under G.S. 143‑215.1(c6) only inaccordance with the requirements of this section and only upon the request of aperson who holds a permit under G.S. 143‑215.1 that authorizes adischarge into surface waters to which the limits set out in subsections (c1)or (c2) of G.S. 143‑215.1 apply. The Commission shall act on a requestfor an extension of a compliance date within 120 days after the Commissionreceives the request. The Commission shall not extend a compliance date if theCommission concludes, on the basis of the scientific data available to theCommission at the time of the request, that the extension will result in aviolation of the antidegradation policy set out in 40 Code of FederalRegulations § 131.12 (1 July 1997 Edition). The Commission shall not extend acompliance date unless the Commission finds that the permit holder needsadditional time to develop a calibrated nutrient response model that meets therequirements of this section. If the Commission requires an individualdischarge to be limited to a maximum mass load or concentration that isdifferent from those set out in subsections (c1) or (c2) of G.S. 143‑215.1,the maximum mass load or concentration shall be substantiated by the model.
(b) The Commissionshall determine the extended compliance date by adding to the date on which theCommission grants the extension: (i) two years for the collection of dataneeded to prepare a calibrated nutrient response model; (ii) a maximum of oneyear to prepare the calibrated nutrient response model; (iii) the amount oftime, if any, that is required for the Commission to develop a nutrientmanagement strategy and to adopt rules or to modify discharge permits toestablish maximum mass loads or concentration limits based on the calibratednutrient response model; and (iv) a maximum of three years to plan, design,finance, and construct a facility that will comply with those maximum massloads and concentration limits. If the Commission finds that additional time isneeded to complete the construction of a facility, the Commission may furtherextend an extended compliance date by a maximum of two additional years.
(c) Notwithstanding theprovisions of G.S. 150B‑21.1(a), the Commission may adopt temporary rulesto establish maximum mass loads or concentration limits pursuant to thissection or as may otherwise be necessary to implement this section.
(d) A permit holder whois granted an extended compliance date under this section shall:
(1) Develop a calibratednutrient response model in conjunction with other affected parties and inaccordance with a timetable for the development of the model that has been approvedby the Commission. The model shall be based on current data, capable ofpredicting the impact of nitrogen and phosphorus in the surface waters, capableof being incorporated into any nutrient management plan developed by theCommission, and approved by the Commission.
(2) Evaluate andoptimize the operation of all facilities operated by the permit holder that arepermitted under G.S. 143‑215.1(c) and that discharge into the nutrientsensitive waters (NSW) for which the compliance date is extended pursuant tothis section in order to reduce nutrient loading.
(3) Evaluate methods toreduce the total mass load of waste that is discharged from all facilitiesoperated by the permit holder that are permitted under G.S. 143‑215.1(c)and that discharge into the nutrient sensitive waters (NSW) for which thecompliance date is extended pursuant to this section and determine whetherthese methods are cost‑effective.
(4) Evaluate methods toreduce the discharge of treated effluent from all facilities operated by thepermit holder that are permitted under G.S. 143‑215.1(c) and thatdischarge into the nutrient sensitive waters (NSW) for which the compliancedate is extended pursuant to this section; including land application oftreated effluent, the use of restored or created wetlands that are not locatedin a 100‑year floodplain to polish treated effluent, and other methods toreuse treated effluent; and determine whether these methods are cost‑effective.
(5) Report to theCommission on progress in the development of the calibrated nutrient responsemodel, on efforts to optimize the operation of facilities, on the evaluation ofmethods of reducing the total mass load of waste, and on the evaluation ofmethods to reduce the discharge of treated effluent. The Commission shallestablish a schedule for reports that requires the permit holder to report onat least a semiannual basis.
(e) The Commission mayrevoke an extension granted under this section and impose the limits set out insubsections (c1) and (c2) of G.S. 143‑215.1 if the Commission determinesthat a permit holder who has obtained an extension under this section has, atany time during the period of the extension:
(1) Failed to complywith the requirements of subsection (d) of this section; or
(2) Violated any conditionsor limitations of any permit issued under G.S. 143‑215.1 or special orderissued under G.S. 143‑215.2 if the violation is the result of conduct bythe permit holder that results in a significant violation of water qualitystandards. (1998‑212,s. 14.9H(c); 2004‑195, s. 1.6.)
