GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    D

SENATE DRS85093-MH-104A  (03/13)

Short Title:        401 Certification Clarification.		(Public)
Sponsors:	Senators Daniel and Brock (Primary Sponsors).
Referred to:

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.