(a) Prior to any action by the Environmental Management Commission under this Article, for any unit to merge or dissolve, all of the following information must be supplied to the Environmental Management Commission:

(1) The name of the unit or units to be merged or dissolved.

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Terms Used In North Carolina General Statutes 162A-855

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(2) The names of the district board members of the unit or units to be merged or dissolved.

(3) The proposed date of the merger or dissolution.

(4) A map or description of the jurisdiction of the unit or units to be merged or dissolved.

(5) The name of the entity with whom the unit or units will be merged, if applicable.

(6) The names of the governing board members or district board members of the entity with which the unit is proposed to be merged, if applicable.

(7) A map or description of the jurisdiction of the entity with which the unit is proposed to be merged.

(8) Resolutions adopted by each district board or governing board requesting the merger or dissolution.

(9) A request from each chair of a district board requesting a merger or dissolution that a representative of the Environmental Management Commission hold a public hearing in that district to discuss the proposed merger or dissolution and to receive public comment. The date, time, and place of the public hearing shall be mutually agreed to by the chair of the Environmental Management Commission and the chair of each requesting district board.

(10) A copy of the most recent audit performed in accordance with N.C. Gen. Stat. § 159-34 for the unit to be merged or dissolved.

(11) A copy of any permits issued by the Department of Environmental Quality to the unit or units to be merged or dissolved.

(12) A copy of any grant awarded under Article 2 of this Chapter involving the unit or units to be merged or dissolved and any conditions thereof, if applicable.

(13) Any other information deemed necessary by the Department of Environmental Quality, the Local Government Commission, or the Environmental Management Commission.

(b) Upon receipt of a request to dissolve or merge, the Environmental Management Commission shall provide a copy of all information submitted in accordance with this section to the Department of Environmental Quality and the Local Government Commission.

(c) Upon confirmation of the time and place of the public hearing, each district board of an affected unit and any other governing board affected shall do all of the following:

(1) Cause notice of the public hearing to be posted, at least 30 days prior to the hearing, at the courthouse in any county within which the affected unit lies.

(2) Publish the notice at least once a week for four successive weeks in a newspaper having general circulation in the affected unit, the first publication to be at least 30 days prior to the public hearing.

(3) Publish notice in any other manner required by the Environmental Management Commission. (2020-79, s. 2.)