GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 



1 designated pursuant to G.S. 113A-244 is served upon the sponsor 



2 of the EEPA. 



3 " § 113A-253. Termination of EEPA for nonperformance. 



4 (a) The Secretary or a director designated pursuant to G.S. 



5 113A-244 may, by providing written notice to each party to the 

 5 EEPA, terminate the EEPA in whole or in part if, after notice and 



7 a reasonable opportunity to cure, a facility subject to the EEPA 



8 fails to substantially perform any term or condition in an 



9 approved EEPA that prevents achievement of the stated purposes 



10 set forth in G.S. 113A-242. 



1 1 (b) The notice under subsection (a) of this section shall 



12 specify the extent to which the EEPA is to be terminated, state 



13 the basis for termination, and provide a description of the 



14 opportunity for judicial review of the decision to terminate the 



15 EEPA. 



16 (c) After receipt of notice under this section, the sponsor 



17 has 60 days in which to apply for any permit or approval affected 



18 by any terminated portion of the EEPA. An application filed 



19 during the 60-day period is a timely application for renewal of a 

 2 permit under any applicable law. The terms and conditions of the 



21 EEPA shall continue in effect until a final permit or approval is 



22 issued. If the sponsor fails to submit a timely or complete 



23 application, any affected permit or approval may be modified at 



24 any time in a manner that is consistent with applicable law. 

 2 5 " § 113A-254. Enforcement of environmental laws and EEPAs . 



2 6 (a) Nothing in this Article shall limit the authority of the 



2 7 Attorney General, a prosecuting attorney, or a director to 



28 initiate a criminal, civil, or administrative action against a 



2 9 person for any violation of any environmental requirement, except 



30 to the extent that this Article provides that any environmental 



31 law is superseded and replaced by the terms and provisions of an 



32 approved EEPA. A violation of a term or condition of an approved 



33 EEPA listed in accordance with G.S. 113A-247 ( 3 ) a. is subject to 



34 penalties and remedies to the same extent as a violation of the 



35 applicable environmental law that it supersedes pursuant to the 



36 EEPA. 



37 (b) Except as provided in G.S. 113A-253(a), failure to meet 



38 the overall EEPA project targets listed in accordance with G.S. 



39 113A-247 ( 3 )b. shall not be subject to any form of criminal or 



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