reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-279.12 - One-stop permits for certain environmental permits.

§ 143B-279.12. One-stop permits for certain environmental permits.
(a) The Department of Environmental Quality shall establish a one-stop environmental permit application assistance and tracking system program for all its regional offices. The Department shall provide to each person who submits an application for any environmental permit subject to this section to any regional office a time frame within which that applicant may expect a final decision regarding the issuance or denial of the permit. The Department shall identify the environmental permits that are subject to this section. The procedure regulating the time frame estimates and sanction for failing to honor the time frame shall be as set out in subsections (b) and (c) of this section.
(b) Upon receipt of a complete application for an environmental permit, the Department of Environmental Quality shall provide to the applicant a good faith estimate of the date by which the Department expects to make the final decision of whether to issue or deny the permit.
(c) Unless otherwise provided by law, when an applicant has provided to the Department of Environmental Quality the information and documentation required and requested by the Department and the Department fails to issue or deny the permit within 60 days of the date projected by the Department for the final decision of whether to issue or deny the permit, the permit shall be automatically granted to the applicant. This subsection does not apply when an applicant submits a substantial amendment to its application after the Department has provided the applicant the projected time frame as required by this section. This subsection does not apply when an applicant agrees to receive a final decision from the Department more than 60 days from the date projected by the Department under subsection (b) of this section.
(d) The Department of Environmental Quality shall track the time required to process each complete environmental permit application that is subject to this section. The Department shall compare the time in which the permit was issued or denied with the projected time frame provided to the applicant by the Department as required by this section. The Department shall identify each permit that was issued or denied more than 90 days after receipt of a complete application by the Department and shall document the reasons for the delayed action.
(e) Repealed by Session Laws 2008-198, s. 10.1, effective August 8, 2008.
(f) The Department may adopt temporary rules to implement this section. (2004-124, s. 12.12(a); 2006-79, s. 14; 2008-198, s. 10.1; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-279.14 - Express Review Fund.

§ 143B-279.14. Express Review Fund.
The Express Review Fund is created as a special nonreverting fund. All fees collected under G.S. 143B-279.13 shall be credited to the Express Review Fund. The Express Review Fund shall be used for the costs of implementing the express review program under G.S. 143B-279.13 and the costs of administering the program, including the salaries and support of the program's staff. If the express review program is abolished, the funds in the Express Review Fund shall be credited to the General Fund. (2005-276, s. 12.2(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-279.16 - Civil penalty assessments.

§ 143B-279.16. Civil penalty assessments.
(a) The purpose of this section is to provide to the person receiving a notice of violation of an environmental statute or an environmental rule a greater opportunity to understand what corrective action is needed, receive technical assistance from the Department of Environmental Quality, and to take the needed corrective action. It is also the purpose of this section to provide to the person receiving the notice of violation a greater opportunity for informally resolving matters involving any such violation.
(b) In order to fulfill the purpose set forth in subsection (a) of this section, the Department of Environmental Quality shall, effective July 1, 2011, extend the period of time by 10 days between the time the violator is sent a notice of violation of an environmental statute or an environmental rule and the subsequent date the violator is sent an assessment of the civil penalty for the violation. (2011-145, s. 13.6; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-279.17 - Tracking and report on permit processing times.

§ 143B-279.17. Tracking and report on permit processing times.
The Department of Environmental Quality shall track the time required to process all permit applications in the One-Stop for Certain Environmental Permits Programs established by G.S. 143B-279.12 and the Express Permit and Certification Reviews established by G.S. 143B-279.13 that are received by the Department. The processing time tracked shall include (i) the total processing time from when an initial permit application is received to issuance or denial of the permit and (ii) the processing time from when a complete permit application is received to issuance or denial of the permit. No later than January 1 of each odd-numbered year, the Department shall report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, the Fiscal Research Division of the General Assembly, and the Environmental Review Commission on the permit processing times required to be tracked pursuant to this section. The Department shall submit this report with the report required by G.S. 143-215.3A(c) as a single report. (2012-187, s. 13(a); 2015-241, s. 14.30(u); 2017-10, s. 4.12(b); 2017-57, s. 14.1(n).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-284 - Environmental Management Commission officers.

§ 143B-284. Environmental Management Commission – officers.
The Environmental Management Commission shall have a chairman and a vice-chairman. The chairman shall be designated by the Governor from among the members of the Commission to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of his regularly appointed term whichever comes first. (1973, c. 1262, s. 21.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285 - Environmental Management Commission meetings.

§ 143B-285. Environmental Management Commission – meetings.
The Environmental Management Commission shall meet at least once in each quarter and may hold special meetings at any time and place within the State at the call of the chairman or upon the written request of at least five members. (1973, c. 1262, s. 22.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285.21 - Declaration of purpose.

§ 143B-285.21. Declaration of purpose.
The purpose of this Part shall be to encourage, promote, and support the development of programs, facilities, and materials for the purpose of environmental education in North Carolina. (1993, c. 501, s. 28.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285.22 - Creation.

§ 143B-285.22. Creation.
There is hereby created the Office of Environmental Education and Public Affairs (hereinafter referred to as "Office") within the Department of Environmental Quality. (1993, c. 501, s. 28; 1997-443, s. 11A.119(a); 2010-31, s. 13.1A(c); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285.23 - Powers and duties of the Secretary of Environmental Quality.

§ 143B-285.23. Powers and duties of the Secretary of Environmental Quality.
The Secretary of Environmental Quality shall:
(1) Establish an Office of Environmental Education and Public Affairs to:
a. Serve as a clearinghouse of environmental information for the State.
b. Plan for the Department's future needs for environmental education materials and programs.
c. Maintain a computerized database of existing education materials and programs within the Department.
d. Maintain a speaker's bureau of environmental specialists to address environmental concerns and issues in communities across the State.
e. Evaluate opportunities for establishing regional environmental education centers.
f. Administer the Project Tomorrow Award Program to encourage school children to discover and explore ways to protect the environment.
g. Assist the Department of Public Instruction in integrating environmental education into course curricula.
h. Develop and implement a grants and award program for environmental education projects in schools and communities.
(2) Coordinate, through technical assistance and staff support and with participation of the Department of Public Instruction and other relevant agencies, institutions, and citizens, the planning and implementation of a statewide program of environmental education.
(3) Be responsible for such matters as the purchase of educational equipment, materials, and supplies; the construction or modification of facilities; and the employment of consultants and other personnel necessary to carry out the provisions of this Part.
(4) Encourage coordination between the various State and federal agencies, citizens groups, and the business and industrial community, in the dissemination of environmental information and education.
(5) Utilize existing programs, educational materials, or facilities, both public and private, wherever feasible. (1993, c. 501, s. 28; 1997-443, s. 11A.119(a); 2010-31, s. 13.1A(d); 2015-241, s. 14.30(v).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285.24 - Grants and awards.

§ 143B-285.24. Grants and awards.
The objective of grants and awards made under the provisions of this Part shall be to promote the further development of local and regional environmental education and information dissemination to aid especially, but not be limited to, school-age children. The Office shall recommend each year to the Governor recipients for the Project Tomorrow Award, which the Governor shall award for outstanding environmental projects by elementary schools in North Carolina. (1993, c. 501, s. 28.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-285.25 - Liaison between the Office of Environmental Education and Public Affairs and the Department of Public Instruction.

§ 143B-285.25. Liaison between the Office of Environmental Education and Public Affairs and the Department of Public Instruction.
The Superintendent of the Department of Public Instruction shall identify an environmental education liaison within the Office of Instructional Services of the Department of Public Instruction to:
(1) Coordinate environmental education within the State curriculum and among the Department and other State agencies.
(2) Conduct teacher training in environmental education topics in conjunction with Department and other State agencies.
(3) Coordinate and integrate topics within the various curriculum areas of the standard course of study.
(4) Promote awareness of environmental issues to the public and to the school communities, including students, teachers, and administrators.
(5) Establish a repository of environmental education instructional materials and disseminate information on the availability of these materials to schools.
(6) Promote and facilitate the sharing of information through electronic networks to all schools. (1993, c. 501, s. 28; 2010-31, s. 13.1A(e).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.19 through 143B-289.23: Recodified as §§ 143B-289.40 through 143B-289.44 by Session Laws 1997-400, ss. 6, 6.3(b).

§§ 143B-289.19 through 143B-289.23: Recodified as §§ 143B-289.40 through 143B-289.44 by Session Laws 1997-400, ss. 6, 6.3(b).
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.40: Recodified as G.S. 143B-135.180 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.40: Recodified as G.S. 143B-135.180 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.41: Recodified as G.S. 143B-135.182 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.41: Recodified as G.S. 143B-135.182 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.42: Recodified as G.S. 143B-135.184 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.42: Recodified as G.S. 143B-135.184 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.43: Recodified as G.S. 143B-135.186 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.43: Recodified as G.S. 143B-135.186 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.44: Recodified as G.S. 143B-135.188 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.44: Recodified as G.S. 143B-135.188 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-289.45: Recodified as G.S. 143B-135.190 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.

§ 143B-289.45: Recodified as G.S. 143B-135.190 by Session Laws 2015-241, s. 14.30(g), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.50 - Definitions.

§ 143B-289.50. Definitions.
(a) As used in this part:
(1) "Commission" means the Marine Fisheries Commission.
(2) "Department" means the Department of Environmental Quality.
(3) "Fisheries Director" means the Director of the Division of Marine Fisheries of the Department of Environmental Quality.
(4) "Secretary" means the Secretary of Environmental Quality.
(b) The definitions set out in G.S. 113-129 and G.S. 113-130 shall apply throughout this Part. (1997-400, s. 2.1; 1997-443, s. 11A.123; 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.51 - Marine Fisheries Commission creation; purposes.

§ 143B-289.51. Marine Fisheries Commission – creation; purposes.
(a) There is hereby created the Marine Fisheries Commission in the Department of Environmental Quality.
(b) The functions, purposes, and duties of the Marine Fisheries Commission are to:
(1) Manage, restore, develop, cultivate, conserve, protect, and regulate the marine and estuarine resources within its jurisdiction, as described in G.S. 113-132.
(2) Implement the laws relating to coastal fisheries, coastal fishing, shellfish, crustaceans, and other marine and estuarine resources enacted by the General Assembly by the adoption of rules and policies, to provide a sound, constructive, comprehensive, continuing, and economical coastal fisheries program directed by citizens who are knowledgeable in the protection, restoration, proper use, and management of marine and estuarine resources.
(3) Implement management measures regarding ocean and marine fisheries in the Atlantic Ocean consistent with the authority conferred on the State by the United States.
(4) Advise the State regarding ocean and marine fisheries within the jurisdiction of the Atlantic States Marine Fisheries Compact, the South Atlantic Fishery Management Council, the Mid-Atlantic Fishery Management Council, and other similar organizations established to manage or regulate fishing in the Atlantic Ocean. (1997-400, s. 2.1; 1997-443, s. 11A.119(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.55 - Marine Fisheries Commission - officers; organization; seal.

§ 143B-289.55. Marine Fisheries Commission – officers; organization; seal.
(a) The Governor shall appoint a member of the Commission to serve as Chair. The Chair shall serve at the pleasure of the Governor. The Commission shall elect one of its members to serve as Vice-Chair. The Vice-Chair shall serve a one-year term beginning 1 July and ending 30 June of the following year. The Vice-Chair may serve any number of consecutive terms.
(b) The Chair shall guide and coordinate the activities of the Commission in fulfilling its duties as set out in this Article. The Chair shall report to and advise the Governor and the Secretary on the activities of the Commission, on marine and estuarine conservation matters, and on all marine fisheries matters.
(c) The Commission shall determine its organization and procedure in accordance with the provisions of this Article. The provisions of the most recent edition of Robert's Rules of Order shall govern any procedural matter for which no other provision has been made.
(d) The Commission may adopt a common seal and may alter it as necessary. (1997-400, s. 2.1.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.56 - Marine Fisheries Commission - meetings; quorum.

§ 143B-289.56. Marine Fisheries Commission – meetings; quorum.
(a) The Commission shall meet at least once each calendar quarter and may hold additional meetings at any time and place within the State at the call of the Chair or upon the written request of at least four members. At least three of the four quarterly meetings of the Commission shall be held in one of the coastal regions designated in G.S. 143B-289.54.
(b) (1) Six members of the Commission shall constitute a quorum for the transaction of business.
(2) A quorum of the Commission may transact business only if one member, other than the Chair, appointed pursuant to subdivision (1), (2), or (3) of G.S. 143B-289.54(a) and one member, other than the Chair, appointed pursuant to subdivision (4), (5), or (6) of G.S. 143B-289.54(a) are present.
(c) If the Commission is unable to transact business because the requirements of subdivision (2) of subsection (b) of this section are not met, the Chair shall call another meeting of the Commission within 30 days and shall place on the agenda for that meeting every matter with respect to which the Commission was unable to transact business. Five members of the Commission shall constitute a quorum for the transaction of business at a meeting called under this subsection. The requirements of subdivision (2) of subsection (b) of this section shall not apply to a meeting called under this subsection. (1997-400, s. 2.1; 1998-225, s. 1.8.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.59 - Conservation Fund; Commission may accept gifts.

§ 143B-289.59. Conservation Fund; Commission may accept gifts.
(a) The Marine Fisheries Commission may accept gifts, donations, or contributions from any sources. These funds shall be held in a separate account and used solely for the purposes of marine and estuarine conservation and management. These funds shall be administered by the Marine Fisheries Commission and shall be used for marine and estuarine resources management, including education about the importance of conservation, in a manner consistent with marine and estuarine conservation management principles.
(b) The Marine Fisheries Commission is hereby authorized to issue and sell appropriate emblems by which to identify recipients thereof as contributors to a special marine and estuarine resources Conservation Fund that shall be made available to the Marine Fisheries Commission for conservation, protection, enhancement, preservation, and perpetuation of marine and estuarine species that may be endangered or threatened with extinction and for education about these issues. The special Conservation Fund is subject to oversight of the State Auditor pursuant to Article 5A of Chapter 147 of the General Statutes, except that interest and other income received on the Fund balance shall be treated as set forth in G.S. 147-69.1(d). Emblems of different sizes, shapes, types, or designs may be used to recognize contributions in different amounts, but no emblem shall be issued for a contribution amounting in value to less than five dollars ($5.00). (1997-400, s. 2.1; 2014-100, s. 14.21(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.60 - Article subject to Chapter 113.

§ 143B-289.60. Article subject to Chapter 113.
Nothing in this Article shall be construed to affect the jurisdictional division between the Marine Fisheries Commission and the Wildlife Resources Commission contained in Subchapter IV of Chapter 113 of the General Statutes or in any way to alter or abridge the powers and duties of the two agencies conferred in that Subchapter. (1997-400, s. 2.1.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-289.61 - Jurisdictional questions.

§ 143B-289.61. Jurisdictional questions.
In the event of any question arising between the Wildlife Resources Commission and the Marine Fisheries Commission or between the Department of Environmental Quality and the Marine Fisheries Commission as to any duty, responsibility, or authority imposed upon any of these bodies by law or with respect to conflict involving rules or administrative practices, the question or conflict shall be resolved by the Governor, whose decision shall be binding. (1997-400, s. 2.1; 1997-443, s. 11A.123; 1997-443, s. 11A.123; 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-290 - North Carolina Mining Commission creation; powers and duties.

§ 143B-290. North Carolina Mining Commission – creation; powers and duties.
There is hereby created the North Carolina Mining Commission of the Department of Environmental Quality with the power and duty to promulgate rules for the enhancement of the mining resources of the State.
(1) The North Carolina Mining Commission shall have the following powers and duties:
a. To act as the advisory body to the Governor pursuant to Article V(a) of the Interstate Mining Compact, as set out in G.S. 74-37.
b. Repealed by Session Laws 2002-165, s. 1.10, effective October 23, 2002.
c. To hear permit appeals, conduct a full and complete hearing on such controversies and affirm, modify, or overrule permit decisions made by the Department pursuant to G.S. 74-61.
d. To promulgate rules necessary to administer the Mining Act of 1971, pursuant to G.S. 74-63.
e. To promulgate rules necessary to administer the Control of Exploration for Uranium in North Carolina Act of 1983, pursuant to G.S. 74-86.
(2) The Commission is authorized to make such rules, not inconsistent with the laws of this State, as may be required by the federal government for grants-in-aid for mining resource purposes which may be made available to the State by the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
(3) The Commission shall make such rules consistent with the provisions of this Chapter. All rules adopted by the Commission shall be enforced by the Department of Environmental Quality.
(4) Recodified as § 74-54.1 by c. 1039, s. 16, effective July 24, 1992. (1973, c. 1262, s. 29; 1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1997-443-11A.119(a); 2002-165, s. 1.10; repealed by 2012-143, s. (1)(a), effective August 1, 2012; reenacted by 2014-4, s. 5(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-292 - North Carolina Mining Commission officers.

§ 143B-292. North Carolina Mining Commission – officers.
(a) Officers. – The North Carolina Mining Commission shall have a chair and a vice-chair. The chair shall be designated by the Governor from among the members of the Commission to serve as chair at the pleasure of the Governor. The vice-chair shall be elected by and from the members of the Commission and shall serve for a term of two years or until the expiration of the vice-chair’s regularly appointed term.
(b) Alternate Leadership in Absence of Chair Designation. – If the Governor has not designated a chair by July 1 of the year following the expiration of the term of the previous chair, then the vice-chair shall exercise the powers and duties of the chair until the Governor designates a chair or the expiration of the vice-chair’s regularly appointed term, whichever first occurs. Upon the expiration of the vice-chair’s regularly appointed term, the Commission shall elect a new vice-chair in the manner described in subsection (a) of this section who shall act as chair as set forth in this subsection until the Governor designates a chair as set forth in subsection (a) of this section. (1973, c. 1262, s. 29; 1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 2006-79, s. 5; repealed by 2012-143, s. (1)(a), effective August 1, 2012; reenacted by 2014-4, s. 5(a); 2021-180, s. 12.23(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-293 - North Carolina Mining Commission meetings.

§ 143B-293. North Carolina Mining Commission – meetings.
The North Carolina Mining Commission shall meet at least semiannually and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least four members. (1973, c. 1262, s. 29; 1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1997-443-11A.119(a); 2002-165, s. 1.10; repealed by 2012-143, s. (1)(a), effective August 1, 2012; reenacted by 2014-4, s. 5(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-293.1 - North Carolina Oil and Gas Commission creation; powers and duties.

§ 143B-293.1. North Carolina Oil and Gas Commission – creation; powers and duties.
(a) There is hereby created the North Carolina Oil and Gas Commission of the Department of Environmental Quality with the power and duty to adopt rules necessary to administer the Oil and Gas Conservation Act pursuant to G.S. 113-391 and for the development of the oil and gas resources of the State. The Commission shall make such rules consistent with the provisions of this Chapter. All rules adopted by the Commission shall be enforced by the Department of Environmental Quality.
(b) The Commission shall have the authority to make determinations and issue orders pursuant to the Oil and Gas Conservation Act to (i) regulate the spacing of wells and to establish drilling units as provided in G.S. 113-393; (ii) limit and prorate the production of oil or gas, or both, from any pool or field for the prevention of waste as provided in G.S. 113-394; (iii) classify wells for taxing purposes; and (iv) require integration of interests as provided in G.S. 113-393.
(c) The Commission shall submit annual written reports as to its operation, activities, programs, and progress to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission. The Commission shall supplement the written reports required by this subsection with additional written and oral reports as may be requested by the Joint Legislative Commission on Energy Policy and the Environmental Review Commission. The Commission shall submit the written reports required by this subsection whether or not the General Assembly is in session at the time the report is due. (1973, c. 1262, s. 29; 1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1997-443, s. 11A.119(a); 2002-165, s. 1.10; 2012-143, s. 1(b); 2014-4, ss. 4(a), 7(b); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-293.4 - North Carolina Oil and Gas Commission officers.

§ 143B-293.4. North Carolina Oil and Gas Commission – officers.
The Oil and Gas Commission shall have a chair and a vice-chair. The Commission shall elect one of its members to serve as chair and one of its members to serve as vice-chair. The chair and vice-chair shall serve one-year terms beginning August 1 and ending July 31 of the following year. The chair and vice-chair may serve any number of terms, but not more than two terms consecutively. (1973, c. 1262, s. 31; 2006-79, s. 5; 2012-143, s. 1(b); 2014-4, s. 4(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-293.5 - North Carolina Oil and Gas Commission meetings.

§ 143B-293.5. North Carolina Oil and Gas Commission – meetings.
The Oil and Gas Commission shall meet at least quarterly and may hold special meetings at any time and place within the State at the call of the chair or upon the written request of at least five members. (1973, c. 1262, s. 32; 2006-79, s. 6; 2012-143, s. 1(b); 2014-4, s. 4(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-293.6 - North Carolina Oil and Gas Commission quasi-judicial powers; procedures.

§ 143B-293.6. North Carolina Oil and Gas Commission – quasi-judicial powers; procedures.
(a) With respect to those matters within its jurisdiction, the Oil and Gas Commission shall exercise quasi-judicial powers in accordance with the provisions of Chapter 150B of the General Statutes.
(b) The chair shall appoint a Committee on Civil Penalty Remissions from the members of the Commission. No member of the Committee on Civil Penalty Remissions may hear or vote on any matter in which the member has an economic interest. In determining whether a remission request will be approved, the Committee shall consider the recommendation of the Secretary or the Secretary's designee and all of the following factors:
(1) Whether one or more of the civil penalty assessment factors in subsection (b) of this section were wrongly applied to the detriment of the petitioner.
(2) Whether the violator promptly abated continuing environmental damage resulting from the violation.
(3) Whether the violation was inadvertent or a result of an accident.
(4) Whether the violator had been assessed civil penalties for any previous violations.
(5) Whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
(c) The Committee on Civil Penalty Remissions may remit the entire amount of the penalty only when the violator has not been assessed civil penalties for previous violations and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions. (2012-143, s. 1(b); 2014-4, s. 4(a).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.

§§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-295 - 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.

§§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-296 - 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.

§§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-297 - 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.

§§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-297.1 - 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.

§§ 143B-294 through 143B-297.1: Recodified as Article 71 of Chapter 106, G.S. 106-840 through G.S. 106-844, by Session Laws 2011-145, s. 13.22A(e), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-298 - Sedimentation Control Commission creation; powers and duties.

§ 143B-298. Sedimentation Control Commission – creation; powers and duties.
There is hereby created the Sedimentation Control Commission of the Department of Environmental Quality with the power and duty to develop and administer a sedimentation control program as herein provided.
The Sedimentation Control Commission has the following powers and duties:
(1) In cooperation with the Secretary of the Department of Transportation and Highway Safety and other appropriate State and federal agencies, develop, promulgate, publicize, and administer a comprehensive State erosion and sedimentation control program.
(2) Develop and adopt on or before July 1, 1974, rules and regulations for the control of erosion and sedimentation pursuant to G.S. 113A-54.
(3) Conduct public hearings pursuant to G.S. 113A-54.
(4) Assist local governments in developing erosion and sedimentation control programs pursuant to G.S. 113A-60.
(5) Assist and encourage other State agencies in developing erosion and sedimentation control programs pursuant to G.S. 113A-56.
(6) Develop recommended methods of control of sedimentation and prepare and make available for distribution publications and other materials dealing with sedimentation control techniques pursuant to G.S. 113A-54. (1973, c. 1262, s. 39; 1977, c. 771, s. 4; 1989, c. 727, s. 218(137); 1997-443, s. 11A.119(a); 2015-241, s. 14.30(u).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-300 - Water Pollution Control System Operators Certification Commission creation; powers and duties.

§ 143B-300. Water Pollution Control System Operators Certification Commission – creation; powers and duties.
(a) There is hereby created the Water Pollution Control System Operators Certification Commission to be located in the Department of Environmental Quality. The Commission shall adopt rules with respect to the certification of water pollution control system operators as provided by Article 3 of Chapter 90A of the General Statutes.
(b) The Commission shall adopt such rules, not inconsistent with the laws of this State, as may be required by the federal government for grants-in-aid for programs concerned with the certification of water pollution control system operators which may be made available to the State by the federal government. This section is to be liberally construed in order that the State and its citizens may benefit from such grants-in-aid.
(c) The Commission may by rule delegate any of its powers, other than the power to adopt rules, to the Secretary of Environmental Quality or the Secretary's designee. (1973, c. 1262, s. 42; 1977, c. 771, s. 4; 1989, c. 727, s. 195; 1991, c. 623, s. 15; 1997-443, s. 11A.119(a); 2006-79, s. 10; 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-301.1 - Definitions.

§ 143B-301.1. Definitions.
The definitions set out in G.S. 90A-46 shall apply throughout this Part. (1991, c. 623, s. 17; 1991 (Reg. Sess., 1992), c. 890, s. 21.)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-301.10. Recodified as G.S. 87-99 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021.

§ 143B-301.10. Recodified as G.S. 87-99 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021. (1997-358, s. 1; recodified as N.C. Gen. Stat. 87-99 by 2021-180, s. 9G.7(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-301.11. Recodified as G.S. 87- 99.1 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021.

§ 143B-301.11. Recodified as G.S. 87- 99.1 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021. (1997-358, s. 1; recodified as N.C. Gen. Stat. 87-99.1 by 2021-180, s. 9G.7(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-301.12. Recodified as G.S. 87-99.2 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021.

§ 143B-301.12. Recodified as G.S. 87-99.2 by Session Laws 2021-180, s. 9G.7(b), effective July 1, 2021. (1997-358, s. 1; 2002-165, s. 1.11; recodified as N.C. Gen. Stat. 87-99.2 by 2021-180, s. 9G.7(b).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-305 through 143B-307: Recodified as §§ 143B-437.1 through 143B-437.3 by Session Laws 1989, c. 727, s. 199.

§§ 143B-305 through 143B-307: Recodified as §§ 143B-437.1 through 143B-437.3 by Session Laws 1989, c. 727, s. 199.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

§§ 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-309 - 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

§§ 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-310 - 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.

§§ 143B-308 through 143B-310: Recodified as G.S. 143A-66.1 through 143A-66.3, in Article 7 of Chapter 143A, by Session Laws 2011-145, s. 13.25(f), effective July 1, 2011.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-313.1: Recodified as G.S. 143B-135.200 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.

§ 143B-313.1: Recodified as G.S. 143B-135.200 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-313.2: Recodified as G.S. 143B-135.202 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.

§ 143B-313.2: Recodified as G.S. 143B-135.202 by Session Laws 2015-241, s. 14.30(h), effective July 1, 2015.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › §§ 143B-322 through 143B-324: Recodified as §§ 143B-446 through 143B-447.1 by Session Laws 1977, c. 198, s. 26.

§§ 143B-322 through 143B-324: Recodified as §§ 143B-446 through 143B-447.1 by Session Laws 1977, c. 198, s. 26.
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-324.1 - Western North Carolina Public Lands Council creation; powers; duties.

§ 143B-324.1. Western North Carolina Public Lands Council creation; powers; duties.
The Western North Carolina Public Lands Council is created within the Department of Environmental Quality. The North Carolina National Park, Parkway and Forests Development [Western North Carolina Public Lands Council] Council shall:
(1) Endeavor to promote the development of that part of the Smoky Mountains National Park lying in North Carolina, the completion and development of the Blue Ridge Parkway in North Carolina, the development of the Nantahala and Pisgah national forests, and the development of other recreational areas in that part of North Carolina immediately affected by the Great Smoky Mountains National Park, the Blue Ridge Parkway or the Pisgah or Nantahala national forests.
(2) Study the development of these areas and to recommend a policy that will promote the development of the entire area generally designated as the mountain section of North Carolina, with particular emphasis upon the development of the scenic and recreational resources of the region, and the encouragement of the location of tourist facilities along lines designed to develop to the fullest these resources in the mountain section.
(3) Confer with the various departments, agencies, commissioners and officials of the federal government and governments of adjoining states in connection with the development of the federal areas and projects named in this section.
(4) Advise and confer with the various officials, agencies or departments of the State of North Carolina that may be directly or indirectly concerned in the development of the resources of these areas.
(5) Advise and confer with the various interested individuals, organizations or agencies that are interested in developing this area.
(6) Use its facilities and efforts in formulating, developing and carrying out overall programs for the development of the area as a whole.
(7) Study the need for additional entrances to the Great Smoky Mountains National Park, together with the need for additional highway approaches and connections.
(8) File its findings in this connection as recommendations with the National Park Service of the federal government, and the North Carolina Department of Transportation.
(9) Advise the Secretary of Environmental Quality upon any matter the Secretary of Environmental Quality may refer to it. (1973, c. 1262, s. 66; 1977, c. 198, ss. 5, 26; 1989, c. 751, s. 9(c); 1991 (Reg. Sess., 1992), c. 959, s. 85; 1997-443, ss. 11A.123, 15.36(b), (c); 2010-180, s. 7(b); 2015-241, ss. 14.30(u), (v).)
2023 North Carolina General Statutes › Chapter 143B - Executive Organization Act of 1973 › Article 7 - Department of Environmental Quality. › § 143B-324.2 - Western North Carolina Public Lands Council members; selection; officers; removal; compensation; quorum; services.

§ 143B-324.2. Western North Carolina Public Lands Council members; selection; officers; removal; compensation; quorum; services.
(a) Members; Selection; and Terms of Service. – The Western North Carolina Public Lands Council within the Department of Environmental Quality shall consist of seven members appointed by the Governor. The composition of the Council shall be as follows:
(1) One member shall be a resident of Buncombe County.
(2) One member shall be a resident of Haywood County.
(3) One member shall be a resident of Jackson County.
(4) One member shall be a resident of Swain County.
(5) One member shall be a resident of Cherokee County.
(6) Two members shall be residents of counties adjacent to the Blue Ridge Parkway, the Great Smoky Mountains National Park or the Pisgah or Nantahala national forests.
The appointment of members shall be for terms of four years, or until their successors are appointed and qualify. Any appointment to fill a vacancy on the Council created by the resignation, dismissal, death or disability of a member shall be for the balance of the unexpired term.
(b) Officers. – The Council shall elect a chair, a vice-chair, and a secretary. The chair and vice-chair shall all be members of the Council, but the secretary need not be a member of the Council. These officers shall perform the duties usually pertaining to such offices and when elected shall serve for a period of one year, but may be reelected. In case of vacancies by resignation or death, the office shall be filled by the Council for the unexpired term of said officer.
(c) Removal. – The Governor shall have the power to remove any member of the Council from office in accordance with the provisions of G.S. 143B-16 of the Executive Organization Act of 1973.
(d) Compensation. – Members of the Council shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G.S. 138-5 and G.S. 143B-15 of the Executive Organization Act of 1973.
(e) Quorum. – Five members of the Council shall constitute a quorum for the transaction of business. (1973, c. 1262, s. 67; 1977, c. 198, ss. 5, 26; 1997-443, ss. 11A.123, 15.36(b), (d); 2010-180, s. 7(c); 2015-241, s. 14.30(u).)