* § 70-0118. Disproportionate impacts on disadvantaged communities.

1. 1. For the purposes of this section:

   1. (a) "Disadvantaged communities" shall have the same meaning as subdivision five of section 75-0101 of this chapter.
   2. (b) "Existing burden report" shall mean the report required by this section describing the existing pollution burden in a disadvantaged community.
2. 2. When issuing a permit for any project that is not a minor project as defined in subdivision three of section 70-0105 of this article and that may directly or indirectly affect a disadvantaged community, the department shall prepare or cause to be prepared an existing burden report and shall consider such report in determining whether such project may cause or contribute to, either directly or indirectly, a disproportionate or inequitable or both disproportionate and inequitable pollution burden on a disadvantaged community.
3. 3. No permit shall be approved or renewed by the department if it may cause or contribute to, either directly or indirectly, a disproportionate or inequitable or both disproportionate and inequitable pollution burden on a disadvantaged community. * NB Effective June 28, 2023