AN ACT to establish permitting deadlines for npdes permits to be issued for new or expanded wastewater treatment systems to be located in fast growing counties and to appropriate funds to the department of environmental quality to implement the expedited permitting requirements.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 143‑215.1 is amended by adding a new subsection to read:

(f6)     With respect to permits for new or expanded wastewater treatment systems to be located in a county with a projected population growth rate above two percent (2%) annually or is located in one of the top twenty percent (20%) of the fastest growing counties in the State, by population, permitting under the authority granted to the Commission by this section shall comply with the procedures and time lines set forth in this subsection. The Commission shall act on a permit application as quickly as possible. The following provisions apply:

(1)        The Commission shall perform an administrative review of a new application and of a resubmittal of an application determined to be incomplete under subdivision (2) of this subsection within 30 working days of receipt to determine if the information is administratively complete. If complete, the Commission shall issue a receipt letter or electronic response stating that the application is complete and that a 90‑calendar day technical review period has started as of the original date the application was received. If required items or information are not included, the application shall be deemed incomplete and the Commission shall issue an application receipt letter or electronic response identifying the information required to complete the application package before the technical review begins. When the required information is received, the Commission shall then issue a receipt letter or electronic response specifying that it is complete and that the 90‑calendar day review period has started as of the date of receipt of all required information. The Commission shall develop an application package checklist identifying the items and information required for an application to be considered administratively complete. After issuing a letter or electronic response requesting additional information based on the original submittal under this subdivision, the Commission shall not subsequently request additional information that was not previously identified as missing or required in that additional information letter or electronic response from the original submittal. The Commission may, however, respond to subsequent additional information letters or electronic responses with a request for additional information limited to information missing from that subsequent additional information letter or electronic response.

(2)        If, during the 90‑calendar day technical review period, the Commission determines that additional information is required to continue processing the application, the Commission and the applicant shall comply with the following:

a.         The Commission shall issue a letter or electronic response with a list of the additional information required to issue the permit.

b.         The applicant shall have 30 calendar days from the date the letter or electronic response is sent to submit the additional information to the Commission.

c.         If the applicant fails to provide the required information within 30 calendar days, the Commission shall return the application to the applicant, the application is deemed denied, and the applicant must resubmit a complete application with a new application fee before the project may be reviewed.

d.         Upon receipt of the required information from the applicant, the Commission shall have 30 calendar days to complete the technical review and issue the permit, issue the permit with modifications, deny the permit, or issue a letter or electronic response with a list of additional information required to continue processing the application, and the review process will proceed in accordance with sub‑subdivision b. of this subdivision.

e.         After issuing a letter or electronic response requesting additional information under this subdivision, the Commission shall not subsequently request additional information that was not previously identified as missing or required in that additional information letter or electronic response. The Commission may request additional information if required for the technical review based on any new information, changed circumstances, or changed designs provided by the applicant in the response under sub‑subdivision b. of this subdivision. Where the Commission identifies information that should have been requested, the Commission may include conditions in or modifications to the permit upon issuance addressing this information but shall not deny the permit because of the missing information. This prohibition on permit denial shall not apply where an application was deemed denied under sub‑subdivision c. of this subdivision.

(3)        In accordance with 40 C.F.R. § 124.12, prior to issuance of a permit, the Commission shall hold a public hearing whenever it finds, on the basis of requests, a significant degree of public interest in the permit.

(4)        The Department shall either approve or deny an application within (i) 90 days of the date the application is deemed complete if no public hearing is held or (ii) 120 days of the date the application is deemed complete if a public hearing is held.

SECTION 2.  The sum of ten thousand dollars ($10,000) in nonrecurring funds for the 2026‑2027 fiscal year is appropriated from the General Fund to the Department of Environmental Quality to implement the expedited permitting requirements established under Section 1 of this act.

SECTION 3.  This act is effective when it becomes law.