Chapter 15A NCAC 18C

15A NCAC 18C .1805 DEPARTMENTAL ENFORCEMENT If the Department determines that a community water system is violating local approval requirements and the local approval program has not enforced its requirements, the Department may, after written notice, to the local program, enforc…

SECTION .1900 - ADMINISTRATIVE PENALTIES Rules .1901 - .1913 of Title 15A Subchapter 18C of the North Carolina Administrative Code (T15A.18C .1901 - .1913); has been transferred and recodified from Rules .2401 - .2413 Title 10 Subchapter 10D of the North Carolina Administrative C…

15A NCAC 18C .1902 ADMINISTRATIVE PENALTIES The following rules provide the procedures and standards governing the assessment, remission, mitigation and appeal of administrative penalties imposed by the Department or its delegates under G.S. 130A-22(b) for violations of the North…

15A NCAC 18C .1903 WHO MAY ASSESS PENALTIES Administrative penalties may be assessed by the Department or its delegate. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Novembe…

15A NCAC 18C .1904 WHEN PENALTIES MAY BE ASSESSED Administrative penalties may be assessed against any person for violations as described in G.S. 130A-325. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Amended Eff. October 1, 1984; Pursuant to G.S. 150B-21.3A, …

15A NCAC 18C .1905 AMOUNT OF PENALTY ASSESSMENT (a) An administrative penalty may not exceed the amount which may be assessed for violations as prescribed in G.S. 130A-22(b). (b) Each day of a continuing violation shall constitute a separate violation. (c) Each violation of a spe…

15A NCAC 18C .1906 CONSIDERATIONS IN ASSESSING ADMINISTRATIVE PENALTIES In determining the amount of the assessment, the Department or its delegates shall consider the following criteria and shall cite the provisions that are applicable: (1) nature of the violation and the degree…

15A NCAC 18C .1907 PROCEDURE FOR ASSESSMENT (a) Depending on the violation involved, the Department or its delegates may issue a notice of penalty assessment immediately or grant the violator a period of time within which to cease the violation. (b) For all violations for which a…

15A NCAC 18C .1908 IMMINENT HAZARD If violation of the rules or law presents an imminent hazard to the public health as determined by the Secretary, an order may be issued pursuant to G.S. 130A-322. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Amended Eff. Oct…

15A NCAC 18C .1909 PAYMENTS: HEARING (a) Within 30 days after receipt of notification of a penalty assessment, the respondent must tender payment, or submit in writing a request for an administrative hearing. All appeals shall be made in accordance with G.S. 150B. (b) Payment may…

15A NCAC 18C .1910 STAY OF PENALTY ASSESSMENT When an administrative hearing is requested for a purpose other than remission or mitigation of the penalty assessed, the penalty will be stayed as of the date of said request until service of the final decision or other settlement of…

15A NCAC 18C .1911 WAIVER OF ADMINISTRATIVE HEARING A respondent waives his right to a hearing when he: (1) submits a written waiver to the Department or its delegates of his right to an administrative hearing, (2) fails to request a hearing within 30 days of receipt of notice of…

15A NCAC 18C .1912 REFERRAL If any administrative penalty as finally assessed is not paid within 60 days after receipt of notice of penalty assessment where no administrative hearing was requested or within 60 days after service of a written copy of the decision as provided for i…

15A NCAC 18C .1913 RIGHT OF ENTRY AND INSPECTION (a) Any supplier of water or other person subject to drinking water regulations shall, at any time, allow the Secretary, or a designated representative, upon presenting appropriate credentials and a written notice of inspection, to…

SECTION .2000 - FILTRATION AND DISINFECTION 15A NCAC 18C .2001 GENERAL REQUIREMENTS The provisions of 40 C.F.R. 141.70 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Not…

15A NCAC 18C .2002 DISINFECTION (a) The provisions of 40 C.F.R. 141.72 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. These provisions are adopted with the following exceptions:…

15a ncac 18c .2003 FILTer Backwash Recycling Rule (a) The requirements of this Rule shall apply to a public water system that uses a surface water source or a groundwater source under the direct influence of surface water. The provisions of 40 C.F.R. 141.73 are hereby incorporate…

15A NCAC 18C .2004 ANALYTICAL AND MONITORING REQUIREMENTS The provisions of 40 C.F.R. 141.74 are hereby adopted by reference in accordance with G.S. 150B-21.6 including subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of th…

15A NCAC 18C .2005 CRITERIA FOR AVOIDING FILTRATION The provisions of 40 C.F.R. 141.71 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Note: Authority G.S. 130A-315; P.L.…

15A NCAC 18C .2006 REPORTING AND RECORD KEEPING REQUIREMENTS The provisions of 40 C.F.R. 141.75 are hereby adopted by reference in accordance with G.S. 150B-21.6 including subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of…

15A NCAC 18C .2007 ENHANCED FILTRATION AND DISINFECTION (a) Public water systems shall respond to the Department in writing to significant deficiencies outlined in sanitary survey reports no later than 45 days after receipt of the report, indicating how and on what schedule the s…

15A NCAC 18C .2008 DISINFECTANTS AND DISINFECTION BYPRODUCTS (a) The provisions of 40 C.F.R. 141.53 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. (b) The provisions of 40 C.F.R…

SECTION .2100 - OPERATING PERMITS 15A NCAC 18C .2101 PERMITS (a) Operating permits are required for all community water systems as of January 1, 1992. (b) Permits shall be valid from January 1 through December 31 of each year. (c) Community water systems which are constructed or …

15A NCAC 18C .2102 APPLICATION FOR PERMIT (a) An application for the issuance or renewal of an operating permit for a community water system shall be made on forms provided by the Department. An application shall include the following information: (1) name and identification numb…

15A NCAC 18C .2103 INITIAL PERMIT PERIOD History Note: Authority G.S. 130A-328; Temporary Adoption Eff. January 22, 1992 for a Period of 180 Days to Expire on July 19, 1992; Eff. April 1, 1992; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

15A NCAC 18C .2104 RENEWAL FEES Payment for permit renewal shall be due 60 days prior to the expiration of the prior year's permit. Failure to pay the fee by the permit expiration date shall result in assessment of an administrative penalty pursuant to G.S. 130A-22(b) equal to on…

15A NCAC 18C .2105 REVOCATION (a) The Department may revoke or suspend an operating permit when it is found that a supplier of water has: (1) Failed to pay the annual fee; (2) Failed to submit a complete permit application or provided fraudulent or misleading information in a per…

SECTION .2200 - GROUND WATER SYSTEMS 15 A NCAC 18C .2201 APPLICABILITY AND RESIDUAL DISINFECTANT CONCENTRATIONS (a) Applicability. The provisions of this Section apply to all ground water systems. A ground water system is defined as any public water system that uses ground water …

15A NCAC 18C .2202 GROUND WATER RULE The provisions of 40 C.F.R. 141, Subpart S – Ground Water Rule are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of this Subchapter. The…