§ 143-215.4. Mailing list for rules; procedures for public input; form of order or decision; seal; official notice. - North Carolina Statutes

§ 143‑215.4. Mailing list for rules; procedures for public input; form of order or decision;seal; official notice.

(a)        Mailing List. – When the Commission proposes or adopts arule establishing water quality classifications and standards under G.S. 143‑214.1or establishing effluent standards or waste treatment management practicesunder G.S. 143‑215, it shall send notice of the action to each person whohas requested to be notified of these matters. The Department shall maintain amailing list for this purpose on which it shall record the name and address ofeach person who has made a written request to be on the list and the date onwhich the request was made. In making a request to be put on the list, a personmay request to be added to the list for a specified period or indefinitely.

(b)        Procedures for Public Input. –

(1)        The Commission may, on its own motion or when required byfederal law, request public comments on or hold public hearings on matterswithin the scope of its authority under this Article or Articles 21A or 21B ofthis Chapter. To request public comments on a matter, the Commission shallnotify appropriate agencies of the opportunity to submit written comments tothe Commission on the matter and shall publish a notice in a newspaper havinggeneral circulation in the affected area, stating the matter underconsideration by the Commission and informing the public of its opportunity tosubmit written comments to the Commission on the matter. A public commentperiod shall extend for at least 30 days after the notice is published.

(2)        To hold a public hearing on a matter, the Commission shallnotify, by personal service or certified mail, persons directly affected by thematter under consideration and shall publish a notice in a newspaper havinggeneral circulation in the affected area, stating the matter underconsideration by the Commission and the time, date, and place of a publichearing to be held on the matter. A public hearing shall be held no sooner than20 days after the notice is published. The proceedings at a public hearing heldunder this subsection shall be recorded. Upon payment of a fee established bythe Commission, any person may obtain a copy of the record of the publichearing. After a public hearing, the Commission shall accept written commentsfor the time period prescribed by the Commission.

(3)        This subsection does not apply to rule‑makingproceedings, contested case hearings, or the issuance of permits required underTitle V. The Commission shall establish procedures for public hearings, publicnotice, and public comment respecting permits required by Title V as providedby G.S. 143‑215.111(4).

(4)        The Commission may hold a public meeting on any matterwithin its scope of authority. The Commission may hold a public meeting inaddition to any public hearing that is required under any provision of law, buta public meeting may not be substituted for any required public hearing. Exceptas may be otherwise provided by law, the Commission may determine theprocedures for any public meeting it holds.

(c)        Decisions and Orders. – An order or decision of theCommission shall state the Commission's findings of fact and conclusions of lawand shall state the statute or rule on which the order or decision is based.

(d)        Seal/Official Notice. – The Department shall have theauthority to adopt a seal which shall be judicially noticed by the courts ofthe State. Any document, proceeding, order, decree, special order, rule, ruleof procedure or any other official act or records of the Commission or itsminutes may be certified by the secretary of the department under his hand andthe seal of the Department and when so certified shall be received in evidencein all actions or proceedings in the courts of the State without further proofof the identity of the same if such records are competent, relevant andmaterial in any such action or proceeding. The Commission shall have the rightto take official notice of all studies, reports, statistical data or any otherofficial reports or records of the federal government or of any sister stateand all such records, reports and data may be placed in evidence by theCommission or by any other person or interested party where material, relevantand competent. (1951, c. 606;1967, c. 892, s. 1; 1973, c. 698, s. 10; c. 1262, s. 23; 1977, c. 374, s. 1; c.771, s. 4; 1983, c. 296, s. 9; 1987, c. 827, ss. 154, 162, 169; 1993, c. 400,s. 4; 1995, c. 504, s. 10; 1997‑496, s. 5.)