North Carolina SB 821: Water Withdrawal Registration.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION

CHAPTER 344
SENATE BILL 821

AN ACT TO AMEND THE CURRENT PROCEDURE FOR THE REGISTRATION
OF WATER WITHDRAWALS TO MAKE THE PROCEDURE MORE
EFFECTIVE, TO PROVIDE MORE USEFUL INFORMATION, AND TO
IMPOSE A LATE PAYMENT FEE FOR LATE REGISTRATIONS.

The General Assembly of North Carolina enacts:

Section 1. G.S. 143-215.22H reads as rewritten:
"§ 143-215.22H. Registration of water withdrawals and transfers required.
(a) Any person who withdraws 1,000,000 gallons per day or more of water from
the surface or ground waters of the State or who transfers 1,000,000 gallons per day or
more of water from one river basin to another shall register the withdrawal or transfer
with the Commission. A person registering a water withdrawal or transfer shall provide
the Commission with the following information:
(1) The maximum daily amount of the water withdrawal or transfer
expressed in millions of gallons per day.
(1a) The monthly average withdrawal or transfer expressed in millions of
gallons per day.
(2) The location of the points of withdrawal and discharge and the
capacity of each facility used to make the withdrawal or transfer.
(3) The monthly average discharge expressed in millions of gallons per
day.
(b) Any person initiating a new surface water withdrawal or transfer of 1,000,000
gallons per day or more shall register the withdrawal or transfer with the Commission
not later than six months after the initiation of the withdrawal or transfer. The
information required under subsection (a) of this section shall be submitted with respect
to the new withdrawal or transfer.
(c) A unit of local government that has completed a local water supply plan that
meets the requirements of G.S. 143-355(l) and that has periodically revised and updated
its plan as required by the Department has satisfied the requirements of this section and
is not required to separately register a water withdrawal or transfer or to update a
registration under this section.
(d) Any person who is required to register a water withdrawal or transfer under
this section shall update the registration by providing the Commission with a current
version of the information required by subsection (a) of this section at five-year
intervals following the initial registration. A person who submits information to update
a registration of a water withdrawal or transfer is not required to pay an additional

Page 2 S.L. 1993-344 Senate Bill 821
registration fee under G.S. 143-215.3(a)(1a) and G.S. 143-215.3(a)(1b), but is subject to
the late registration fee established under this section in the event that updated
information is not submitted as required by this subsection.
(e) Any person who is required to register a water transfer or withdrawal under
this section and fails to do so shall pay, in addition to the registration fee required under
G.S. 143-215.3(a)(1a) and G.S. 143-215.3(a)(1b), a late registration fee of five dollars
($5.00) per day for each day the registration is late up to a maximum of five hundred
dollars ($500.00). A person who is required to update a registration under this section
and fails to do so shall pay a fee of five dollars ($5.00) per day for each day the updated
information is late up to a maximum of five hundred dollars ($500.00). A late
registration fee shall not be charged to a farmer who submits a registration that pertains
to farming operations."
Sec. 2. G.S. 143-215.3(a)(1b) reads as rewritten:
"(1b) The fee to be charged pursuant to G.S. 143-215.3(a)(1a) for processing
of an application for a permit under G.S. 143-215.1 of Article 21 and
G.S. 143-215.108 and G.S. 143-215.109 of Article 21B of this Chapter
may not exceed four hundred dollars ($400.00). The fee to be charged
pursuant to G.S. 143-215.3(a)(1a) for processing an application for a
registration under Part 2A of this Article or Article 38 or Part 2A of
this Chapter may not exceed fifty dollars ($50.00) for any single
application, except that a penalty of as much as twenty percent (20%)
of the fee may be assessed for late registration. registration. An
additional fee of twenty percent (20%) of the registration processing
fee may be assessed for a late registration under Article 38 of this
Chapter. The fee for administering and compliance monitoring under
G.S. 143-215.1 of Article 21 and G.S. 143-215.108 and G.S. 143-
215.109 of Article 21B shall be charged on an annual basis for each
year of the permit term and may not exceed one thousand five hundred
dollars ($1,500) per year. Fees for processing all permits under Article
21A and all other sections of Articles 21 and 21B shall not exceed one
hundred dollars ($100.00) for any single permit. Notwithstanding any
other provision of this subdivision, the total payment for fees required
for all permits under this subsection for any single facility shall not
exceed seven thousand five hundred dollars ($7,500) per year, which
amount shall include all application fees and fees for administr