§ 143-214.3. Revision to water quality standard.
§ 143‑214.3. Revision to water quality standard.
(a) Any person subject to the provisions of G.S. 143‑215.1may petition the Commission for a hearing pursuant to G.S. 143‑215.4 fora revision to water quality standards adopted pursuant to G.S. 143‑214.1as such water quality standards may apply to a specific stream segment intowhich the petitioner discharges or proposes to discharge.
(b) Upon a finding by the Commission that:
(1) Natural background conditions in the stream segment precludethe attainment of the applicable water quality standards; or
(2) Irretrievable and uncontrollable man‑inducedconditions preclude the attainment of the applicable water quality standards;or
(3) Application of effluent limitations for existing sourcesestablished or proposed pursuant to G.S. 143‑215.1 more restrictive thanthose effluent standards and limitations determined or promulgated by theUnited States Environmental Protection Agency pursuant to section 301 of theFederal Water Pollution Control Act in order to achieve and maintain applicablewater quality standards would result in adverse social and economic impact,disproportionate to the benefits to the public health, safety or welfare as aresult of maintaining the standards; and
(4) There exists no reasonable relationship between the cost tothe petitioner of achieving the effluent limitations necessary to comply withapplicable water quality standards to the benefits, including the incrementalbenefits to the receiving waters, to be obtained from the application of thesaid effluent limitations;
Thenthe Commission shall revise the standard or standards, as such standard mayapply to the petitioner, provided that such revised standards shall be no lessstringent than that which can be achieved by the application of the highestlevel of treatment which will result in benefits, including the incrementalbenefits to the receiving waters, having a reasonable relationship to the costto the petitioner to apply such treatment, as determined by the evidence;provided, however, in no event shall these standards be less stringent than thelevel attainable with the application by the petitioner of those effluentstandards and limitations determined or promulgated by the United StatesEnvironmental Protection Agency pursuant to section 301 of the Federal WaterPollution Control Act; provided, further, that no revision shall be grantedwhich would endanger human health or safety. (1979, c. 929; 1987, c. 827, s. 154.)