In 2009, North Carolina enacted Session Law 2009-406 which extends coverage of certain government permits and approvals that are current and valid at any point between Jan. 1, 2008 and Dec. 31, 2010 under Chapter 23, Article 21 of the North Carolina General Statutes. In 2010, Session Law 2010-177 added an additional year to the new expiration dates from SL 2009-406.
These extensions apply to permitted facilities regardless of construction status, and apply to permits issued to both government and non-government entities.
A list of all effected non-discharge permits and their new expiration dates sorted by permit number may be downloaded here.
Non-discharge permits issued by the Division of Water Quality's Aquifer Protection Section that come under this law are listed below.
Groundwater Protection Unit (Contact: Debra Watts, 919-715-6699)
Land Application Unit (Contact: Jon Risgaard, 919-715-6167)
The session law suspends the permit or approval clock during the period Jan. 1, 2008 through Dec. 31, 2010.
Permits issued prior to Jan. 1, 2008 and valid between Jan. 1, 2008 and Dec. 31, 2010 have been extended for four years. For example, a permit effective from May 5, 2005 through April 30, 2010 is extended until April 30, 2014.
Permits and approvals that were renewed between January 1, 2008 and Aug. 2009 - the effective date of the law - have also been extended for four years. For example, a permit renewed on May 5, 2005 and effective until April 30, 2010 is extended until April 30, 2014.
New permits and approvals issued between Jan. 1, 2008 and Dec. 31, 2010 will have an expiration date that is extended for the amount of time the permit has been active between Jan. 1, 2008 and Dec. 31, 2010. For example, a new permit issued on May 5, 2009 that usually has a five-year permit limit will have an expiration date of Dec. 31, 2016. This reflects the 20 months the permit was active prior to the end of 2010.
While the examples given above are for five-year permits, some of the permits and approvals affected by the law are effective for different durations.