§ 143-215.110. Special orders. - North Carolina Statutes

§ 143‑215.110. Special orders.

(a)        Issuance. – The Commission is hereby empowered, after theeffective date of standards and classifications adopted pursuant to G.S. 143‑215.107,to issue (and from time to time to modify or revoke) a special order or otherappropriate instrument, to any person whom it finds responsible for causing orcontributing to any pollution of the air within the area for which standardshave been established. Such an order or instrument may direct such person totake or refrain from taking such action, or to achieve such results, within aperiod of time specified by such special order, as the Commission deemsnecessary and feasible in order to alleviate or eliminate such pollution. TheCommission is authorized to enter into consent special orders, assurances ofvoluntary compliance or other similar documents by agreement with the personresponsible for pollution of the air, subject to the provisions of subsection(a1) of this section regarding proposed orders, and such consent order, whenentered into by the Commission after public review, shall have the same forceand effect as a special order of the 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 daysfollowing date of the notice of the proposed consent order. The Commissionshall consider all such requests for meetings. If the Commission determinesthat there is significant public interest in holding a meeting, the Commissionshall schedule a meeting and shall give notice of such meeting at least 30 daysin advance to all persons to whom notice of the proposed consent order wasgiven and to any other person requesting notice. At least 30 days prior to thedate of meeting, the Commission shall also have a copy of the notice of themeeting published at least one time in a newspaper having general circulationwithin the county in which the pollution originates. The Commission shallprescribe the 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. 208.

(d)        Effect of Compliance. – Any person who installs an air‑cleaningdevice for purpose of alleviating or eliminating air pollution in compliancewith the terms of, or as result of the conditions specified in, a permit issuedpursuant to G.S. 143‑215.108, or a special order, consent special order,assurance of voluntary compliance or similar document issued pursuant to thissection, or a final decision of the Commission or a court, rendered pursuant toeither of said sections, shall not be required to take or refrain from anyfurther action nor be required to achieve any further results under the termsof this or any other State law relating to the control of air pollution, for aperiod to be fixed by the Commission or court as it shall deem fair andreasonable in the light of all the circumstances after the date such specialorder, consent special order, assurance of voluntary compliance, other documentor decision, or the conditions of such permit become finally effective, if:

(1)        The air‑cleaning devices result in the elimination oralleviation of air pollution to the extent required by such permit, specialorder, consent special order, assurance of voluntary compliance, or otherdocument or decision 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, specifiedtherein or as the same may be extended, and thereafter remains in compliance.

(e)        Compliance Bonds. – A special order or other instrumentauthorized by this section may provide that a bond or other surety be posted toensure compliance. In determining the amount of such bond the Commission shallconsider the degree and extent of harm which may result if the person to whomthe special order is directed fails to comply with the terms of the order, thecost of rectifying such harm, the economic consequences to the person to whomthe special order is directed if the special order is issued as compared to theconsequences of a denial, suspension, or revocation of the special order orpermit, and the person's history of compliance with pollution controlrequirements, other special orders, history of payment of any penalties whichmay have been previously assessed by the Commission. In the event ofnoncompliance with the special order or other instrument, the bond shall beforfeited and the clear proceeds of the bond shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1973, c. 821, s. 6; c. 1262, s. 23; 1987, c. 827, ss.154, 208; 1989, c. 133; c. 766, s. 2; 1998‑215, s. 72.)