North Carolina Administrative Code

15A NCAC 01C .0306 ACTIVITIES OF A SPECIAL NATURE The Secretary may require preparation of an environmental document that would otherwise not be required through application of DEQ's minimum criteria if the Secretary determines: (1) the proposed activity may have a potential for …

15A NCAC 01C .0405 PURPOSE OF THE MINIMUM CRITERIA THRESHOLDS If NCEPA requires preparation of an environmental document and DEQ is the state project agency, the minimum criteria set forth in this Section determine when preparation of an environmental document is not required bec…

15A NCAC 01C .0406 SAMPLING, SURVEY, MONITORING, AND RELATED RESEARCH ACTIVITIES Sampling, survey, monitoring and research activities do not require the preparation of environmental documents. These activities include, but are not limited to the following: (1) Aerial photography …

15A NCAC 01C .0407 STANDARD MAINTENANCE OR REPAIR ACTIVITIES Standard maintenance or repair activities, if needed to maintain the originally defined function of an existing project or facility (but without expansion, increase in quantity, decrease in quality, use, or release of h…

15A NCAC 01C .0408 MINOR CONSTRUCTION ACTIVITIES This Rule sets out the general and specific minimum criteria for construction activities. Construction and land disturbing activities that satisfy both the general minimum criteria and any specific minimum criteria applicable to th…

15A NCAC 01C .0409 MANAGEMENT ACTIVITIES Management activities do not require the preparation of environmental documents. These activities include but are not limited to the following: (1) Replenishment of shellfish beds through the placement of seed oysters, seed clams or shellf…

15A NCAC 01C .0410 PRIVATE USE OF PUBLIC LANDS Activities related to the private use of public lands, when conducted in accordance with permit requirements, do not require the preparation of environmental documents. These activities include but are not limited to the following: (…

15A NCAC 01C .0411 REMEDIATION ACTIVITIES Activities that seek to clean up, remove, remediate, abate, contain, or otherwise protect public health or the environment from the effect of contamination released to the environment do not require the preparation of environmental docume…

15A NCAC 01C .0412 HURRICANE RELIEF ACTIVITY WITH MINIMUM POTENTIAL FOR ENVIRONMENTAL EFFECTS History Note: Authority G.S. 113A-4; 113A-6; 113A-11; 143B-10; Emergency Adoption Eff. April 25, 2005; Temporary Adoption Eff. July 29, 2005; Temporary Adoption Expired on May 12, 2006.

15A NCAC 01C .0504 NON-MAJOR ACTIVITY History Note: Authority G.S. 113A-4; 113A-6; 113A-9; 113A-10; 113A-11; 113A-12; 143B-10; Eff. August 1, 1989; Transferred from T15.01D .0604 Eff. November 1, 1989; Temporary Amendment Eff. December 7, 1992 for a Period of 180 Days or Until th…

15A NCAC 01C .0505 NON-MAJOR HURRICANE RELIEF ACTIVITY History Note: Authority G.S. 113A-4; 113A-6; 113A-11; 143B-10; S.L. Ex. Session 1999-463, Part IV, c.463, s. 4; Temporary Adoption Eff. February 4, 2000 to expire on January 1, 2003; Temporary Adoption expired January 1, 2003…

SUBCHAPTER 01D - PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND PRIVATE POLLUTION CONTROL REVENUE BONDS This Subchapter 1D of Title 15A of the North Carolina Administrative Code (T15A.01D); PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS; has be…

15A NCAC 01D .0102 DEFINITIONS OF TERMS The terms used in this Subchapter shall be as defined in G.S. 159C-3 and as follows: (1) "DEQ" means the Department of Environmental Quality. (2) "Secretary" means the Secretary of DEQ or his or her appointed designee. (3) "Project certific…

SECTION .0300 - CERTIFICATION CRITERIA 15A NCAC 01D .0301 GENERAL History Note: Authority G.S. 159C-7; Eff. June 16, 1977; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

15A NCAC 01D .0302 Proposed Industrial Project In the case where the Secretary of the Department of Commerce requests a project certification for a proposed industrial project or for a proposed industrial project that includes a pollution control project, the Secretary shall cert…

15A NCAC 01D .0303 Proposed Pollution Control Project In the case where the Secretary of the Department of Commerce requests a project certification for a proposed pollution control project, the Secretary shall certify that the proposed project will have a materially favorable im…

15A NCAC 01D .0304 RESPONSIBILITY FOR PROVIDING INFORMATION History Note: Authority G.S. 159C-7; Eff. June 16, 1977; Amended Eff. March 1, 1990; July 1, 1988; Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

15A NCAC 01D .0305 Proposed Hazardous Waste Facility In the case where the Secretary of the Department of Commerce requests a project certification for a hazardous waste facility, the Secretary shall certify that the proposed project is environmentally sound, will not have an adv…

SUBCHAPTER 01E - OIL REFINING FACILITY PERMITS SECTION .0100 – GENERAL INFORMATION 15A NCAC 01E .0101 PURPOSE The purpose of this Subchapter is to establish procedures and standards under which permits for the construction and operation of oil refining facilities will be issued o…

15A NCAC 01E .0102 DEFINITIONS As used in this Subchapter, unless the context otherwise requires: (1) "Act" means the Oil Pollution and Hazardous Substances Control Act, Article 21A, Chapter 143, General Statutes. (2) "Construction" means: (a) construction and operation of a new …

15A NCAC 01E .0103 OIL REFINING FACILITY PERMIT REQUIRED No person shall construct or operate an oil refining facility unless and until such person applies for and obtains an oil refining facility permit under this Subchapter. History Note: Authority G.S. 143-215.100; 143-215.101…

15A NCAC 01E .0104 PERMIT APPLICATION REQUIREMENTS (a) An application for a permit shall be in writing and shall be transmitted to the Secretary at the following address: Secretary's Office North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh, North…

15A NCAC 01E .0105 PERMIT APPLICATION PROCEDURE (a) If the Secretary determines the application is incomplete under Rule .0104(d) of this Section, the Secretary shall within 60 days of its receipt describe in writing to the applicant how the application is incomplete. The applica…

15A NCAC 01E .0106 PUBLIC HEARING ON PERMIT APPLICATION (a) The Secretary shall hold a public hearing at which any person will be given a reasonable opportunity to present information or comments concerning the contents of the application and the effects of the construction and o…

15A NCAC 01E .0107 DECISION TO ISSUE OR DENY PERMIT (a) Within 60 days of the last day for submitting public comments about the permit application, or the last day on which the applicant provides additional information requested by the Secretary to respond to public comments, the…

15A NCAC 01E .0113 EXTENSIONS OF TIME PERIODS The Secretary may extend any of the time periods prescribed by this Subchapter. Such an extension shall not exceed 15 days. History Note: Authority G.S. 143-215.100; 143-215.101; Eff. June 16, 1980; Amended Eff. October 1, 1984; Reado…

15A NCAC 01E .0114 DELEGATIONS History Note: Authority G.S. 143-215.100; 143-215.101; 143B-10; 150B-2(2); Eff. October 1, 1984; Repealed Eff. April 1, 2023.

15A NCAC 01E .0115 unauthorized discharges (a) In addition to any other reporting obligation under State, local, or federal law, the operator of any oil refining facility shall report in writing via electronic mail, facsimile, or first class mail to the Secretary any unauthorized…

SUBCHAPTER 01I - FOREST PRACTICES GUIDELINES RELATED TO WATER QUALITY SECTION .0100 - GENERAL PROVISIONS 15A NCAC 01I .0101 INTRODUCTION AND PURPOSE (Transferred to 02 NCAC 60C .0101 Eff. april 1, 2014)

15A NCAC 01I .0102 DEFINITIONS (transferred to 02 NCAC 60c .0102 eff. april 1, 2014)

SECTION .0200 - PERFORMANCE STANDARDS 15A NCAC 01I .0201 STREAMSIDE MANAGEMENT ZONE (transferred to 02 NCAC 60C .0201 Eff. April 1, 2014)

15A NCAC 01I .0202 PROHIBITION OF DEBRIS ENTERING STREAMS AND WATERBODIES (transferred to 02 NCAC 60C .0202 Eff. April 1, 2014)

15A NCAC 01I .0203 ACCESS ROAD AND SKID TRAIL STREAM CROSSINGS (Transferred to 02 NCAC 60C .0203 Eff. Aprl 1, 2014)

15A NCAC 01I .0204 ACCESS ROAD ENTRANCES (Transferred to 02 NCAC 60C .0204 Eff. April 1, 2014)

15A NCAC 01I .0205 PROHIBITION/WASTE ENTERING STREAMS/WATERBODIES/GROUNDWATER (Transferred to 02 NCAC 60C .0205 Eff. April 1, 2014)

15A NCAC 01I .0206 PESTICIDE APPLICATION (transferred to 02 NCAC 60C .0206 Eff. April 1, 2014)

15A NCAC 01I .0207 FERTILIZER APPLICATION (Transferred to 02 NCAC 60C .0207 Eff. April 1, 2014)

15A NCAC 01I .0208 STREAM TEMPERATURE (transferred to 02 NCAC 60c .0208 Eff. April 1, 2014)

15A NCAC 01I .0209 REHABILITATION OF PROJECT SITE (transferred to 02 NCAC 60c .0209 Eff. April 1, 2014)

SECTION .0500 - PRIORITY CRITERIA FOR WASTEWATER TREATMENT WORKS PROJECTS 15A NCAC 01J .0501 WATER POLLUTION CONTROL NEEDS History Note: Filed as a Temporary Repeal Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Fil…

15A NCAC 01J .0605 FINANCING OF THE PROJECT History Note: Filed as a Temporary Repeal Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Filed as a Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire…

15A NCAC 01J .0606 PROPERTY ACQUISITION History Note: Authority G.S. 159G-10; 159G-15; Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Temporary Rule Eff. February 2, 1988 for a period of 180 days…

15A NCAC 01J .0905 PROJECT ADMINISTRATIVE CLOSEOUT History Note: Filed as a Temporary Repeal Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority G.S. 159G-12; 159G-15; Eff. July 1, 1992; Repealed Eff. July 1, 1…

SECTION .1200 - SEVERABILITY 15A NCAC 01J .1201 SEVERABILITY History Note: Filed as a Temporary Rule Eff. February 2, 1988 for a Period of 180 Days to Expire on August 1, 1988; ARRC Objection March 17, 1988; Authority G.S. 159G-15; Expired Eff. May 1, 1988.

SECTION .1500 - ELIGIBILITY REQUIREMENTS 15A NCAC 01J .1501 ELIGIBLE PROJECT COSTS History Note: Authority G.S. 159G-44; Eff. September 1, 2006; Repealed Eff. August 1, 2012.

SECTION .1700 - Common cRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS 15A NCAC 01J .1701 COMMON CRITERIA History Note: Authority G.S. 159G-44; Eff. September 1, 2006; Repealed Eff. August 1, 2012.

Section .1800 - ASSIGNMENT OF CATEGORY TO WASTEWATER SYSTEM APPLICATIONS 15A NCAC 01J .1801 ASSIGNMENT OF CATEGORY TO WASTEWATER SYSTEM APPLICATIONS History Note: Authority G.S. 159G-44; Eff. September 1, 2006; Repealed Eff. August 1, 2012.

SECTION .2100 – LOAN AND GRANT AWARD AND COMMITMENT: DISBURSEMENT OF LOANS AND GRANTS 15A NCAC 01J .2101 CRITERIA FOR LOAN ADJUSTMENTS History Note: Authority G.S. 159G-44; Eff. September 1, 2006; Repealed Eff. August 1, 2012.

SECTION .2200 - LOAN REPAYMENTS 15A NCAC 01J .2201 REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS History Note: Authority G.S. 159G-44; Eff. September 1, 2006; Repealed Eff. August 1, 2012.

15A NCAC 01l .0203 LIMITATION OF LOANS History Note: Filed as a Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority S.L. 1998, c. 132, s. 10; Eff. July 1, 1994; Temporary Repeal Eff. March 31, 1…