OCR Text |
Show NORTH CAROLINA 567 quality standards as finally adopted are required to determine and state the extent to which any physical, chemical, or biological prop- erties are consistent with the "best usage" for the particular water. A permit system for waste discharges is established. In the case of violations, the Board may issue special orders directing compliance. Such orders are not, however, to be issued where it is "impossible" or "not feasible" to comply in those situations where: (1) There is no adequate or practical method for controlling the particular waste; or (2) the cost of the method of disposal or treatment is unduly burden- some in comparison with the results which can be achieved; or (3) alternative methods of disposal cannot be adopted because of "finan- cial inability;" or (4) there is reason to believe that the polluter is engaged diligently in research on new methods of treatment. Quite obviously, these limitations rather seriously affect the enforcement program. The board is also instructed to encourage voluntary cooperation with polluters rather than to resort to enforcement procedures, and to receive applications for commencement of work on the installation of treatment works. A certificate of approval may be issued by the board for any such proposals. Violations of any order of the board are misdemeanors carrying fines from $100 to $1,000. Injunctive re- lief is authorized. The North Carolina statutes authorize the creation of county pollu- tion abatement authorities in distressed areas of the State. These authorities may finance the installation of pollution abatement de- vices through the sale of bonds and may lease equipment to private industries within the project area. The property so leased is tax exempt, but the industry's leasehold interest is, however, taxable.6 b. ENVIRONMENTAL CONCERN The State's environmental policy act of 1971 requires all State agencies, in every recommendation or report on proposals for legis- lation and in all actions involving the expenditure of public moneys for projects which significantly affect the quality of the environment, to prepare an environmental impact statement.7 The legislature also enacted into law the Interstate Environmental Compact,8 and in 1971 the general assembly enacted a Natural and Scenic Kivers Act.9 C. PUBLIC WATER AGENCIES North Carolina statutes authorize the creation of soil conservation districts, which are agencies of the State and which are organized by landowners within the district to carry out preventive measures and improvement works for flood prevention or the conservation and development of water resources within the district.10 Districts so organized are empowered to adopt and enforce land-use regulations. The statutes expressly provide that the districts have no power to authorize the withdrawal of water from a watershed except to the «Sec. 159A-8. 'Sees. 113A-1 to 113A-10. 8 Sees. 113A-21 to 113A-23. •Sees. 113A-20 to 113A-43. "Sees. 139-1 to 139-15. |