Permit Time Lines/Certain Wastewater Systems.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1003

Short Title: Permit Time Lines/Certain Wastewater Systems. (Public)
Sponsors: Senator Measmer (Primary Sponsor).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1003-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ESTABLISH PERMITTING DEADLINES FOR NPDES PERMITS T O BE 2
ISSUED FOR NEW OR EXPANDED WASTEWATER TREATMENT SYSTEMS TO BE 3
LOCATED IN FAST GROWING COUNTIES AND TO APPROPRIATE FUNDS TO THE 4
DEPARTMENT OF ENVIRO NMENTAL QUALITY TO IMPLEMENT THE 5
EXPEDITED PERMITTING REQUIREMENTS. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 143-215.1 is amended by adding a new subsection to read: 8
"(f6) With respect to permits for new or expanded wastewater treatment systems to be 9
located in a county with a projected population growth rate above two percent (2%) annually or 10
is located in one of the top twenty percent (20%) of the fastest growing counties in the State, by 11
population, permitting under the authority granted to the Comm ission by this section shall 12
comply with the procedures and time lines set forth in this subsection. The Commission shall act 13
on a permit application as quickly as possible. The following provisions apply: 14
(1) The Commission shall perform an administrative review of a new application 15
and of a resubmittal of an application determined to be incomplete under 16
subdivision ( 2) of this subsection within 30 working days of receipt to 17
determine if the information is administratively complete. If complete, the 18
Commission shall issue a receipt letter or electronic response stating that the 19
application is complete and that a 90-calendar day technical review period has 20
started as of the original date the application was received. If required items 21
or information are not included, the application shall be deemed incomplete 22
and the Commission shall issue an application receipt letter or electronic 23
response identifying the information required to complete the application 24
package before the technical review begins. When the required information is 25
received, the Commission shall then issue a receipt letter or electronic 26
response specifying that it is complete and that the 90-calendar day review 27
period has started as of the date of receipt of all required information. The 28
Commission shall develop an application package checklist identifying the 29
items and information required for an application to be considered 30
administratively complete. After issuing a letter or electronic response 31
requesting additional information based on the original submittal under this 32
subdivision, the Commission shall not subsequently request additional 33
information that was not previously identified as mis sing or required in that 34
additional information letter or electronic response from the original 35
submittal. The Commission may, however, respond to subsequent additional 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1003-First Edition
information letters or electronic responses with a request for additional 1
information limited to information missing from that subsequent additional 2
information letter or electronic response. 3
(2) If, during the 90-calendar day technical review period, the Commission 4
determines that additional information is required to continue processing th e 5
application, the Commission and the applicant shall comply with the 6
following: 7
a. The Commission shall issue a letter or electronic response with a list 8
of the additional information required to issue the permit. 9
b. The applicant shall have 30 calendar d ays from the date the letter or 10
electronic response is sent to submit the additional information to the 11
Commission. 12
c. If the applicant fails to provide the required information within 30 13
calendar days, the Commission shall return the application to the 14
applicant, the application is deemed denied, and the applicant must 15
resubmit a complete application with a new application fee before the 16
project may be reviewed. 17
d. Upon receipt of the required information from the applicant, the 18
Commission shall have 30 ca lendar days to complete the technical 19
review and issue the permit, issue the permit with modifications, deny 20
the permit, or issue a letter or electronic response with a list of 21
additional information required to continue processing the application, 22
and the review process will proceed in accordance with 23
sub-subdivision b. of this subdivision. 24
e. After issuing a letter or electronic response requesting additional 25
information under this subdivision, the Commission shall not 26
subsequently request additional info rmation that was not previously 27
identified as missing or required in that additional information letter 28
or electronic response. The Commission may request additional 29
information if required for the technical review based on any new 30
information, changed circumstances, or changed designs provided by 31
the applicant in the response under sub -subdivision b. of this 32
subdivision. Where the Commission identifies information that should 33
have been requested, the Commission may include conditions in or 34
modifications to the permit upon issuance addressing this information 35
but shall not deny the permit because of the missing information. This 36
prohibition on permit denial shall not apply where an application was 37
deemed denied under sub-subdivision c. of this subdivision. 38
(3) In accordance with 40 C .F.R. § 124.12, p rior to is suance of a permit, t he 39
Commission shall hold a public hearing whenever it finds, on the basis of 40
requests, a significant degree of public interest in the permit. 41
(4) The Department shall either approve or deny an application within (i) 90 days 42
of the date the application is deemed complete if no public hearing is held or 43
(ii) 120 days of the date the application is deemed complete if a public hearing 44
is held." 45
SECTION 2. The sum of ten thousand dollars ($10,000) in nonrecurring funds for 46
the 2026 -2027 fiscal year is appropriated from the General Fund to the Department of 47
Environmental Quality to implement the expedited permitting requirements established under 48
Section 1 of this act. 49
SECTION 3. This act is effective when it becomes law. 50