North Carolina Administrative Code

SECTION .0400 - CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS 15A NCAC 01L .0401 GENERAL CRITERIA History Note: Authority 1993 S.L., c. 542, s. 10; Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; E…

section .0800 – criteria for water conservation 15A NCAC 01L .0801 PLANNING AND WATER CONSERVATION History Note: Authority S.L. 1998, c. 132, s. 10; Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff…

SECTION .1100 - LOAN REPAYMENTS 15A NCAC 01L .1101 INTEREST RATES History Note: Authority 1993 S.L., c. 542, s. 10; Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff. July 1, 1994; Expired Eff. May …

15A NCAC 01L .1102 REPAYMENT OF PRINCIPAL AND INTEREST ON 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; Statutory Authority 1993 S.L., c. 542, s. 10; Temporary Rule Ex…

subchapter 01o – environmental health SectioN .0100 – delegation of authority to enforce the Commission for Public Health sanitation rules 15A NCAC 01O .0101 SCOPE OF DELEGATED AUTHORITY No person shall act as an authorized agent of the state in enforcing the provisions of G.S. 1…

15A NCAC 01O .0102 ELIGIBILITY FOR DELEGATION OF AUTHORITY (a) The applicant for authorization shall successfully complete the centralized training course provided by the Division. (b) The applicant shall successfully complete field practice by evaluating sites and establishments…

15A NCAC 01O .0103 DELEGATION OF AUTHORITY Upon determination that the criteria in Rules .0101 and .0102 of this Section have been met and none of the reasons for denial listed in Rule .0107 of this Section exist, and upon a review of the recommendation of the regional specialist…

15A NCAC 01O .0104 LAPSED DELEGATIONS When one or more areas of authorization has lapsed, an applicant for reauthorization shall comply with the following: (1) An individual whose authorization in an area of authorization has lapsed for a period of up to three years shall complet…

15A NCAC 01O .0105 AGENTS SERVING AS CONTRACTORS (a) An agent who is authorized in a specific local health department may contract with another local health department to provide services to the other local health department. The North Carolina Alliance of Public Health Agencies …

15A NCAC 01O .0106 EVALUATION The regional specialist may, at any time, evaluate the performance of an authorized agent. History Note: Authority G.S. 130A-4 Temporary Adoption Eff. March 1, 1998; Eff. April 1, 1999; Pursuant to G.S. 150B-21.3A, rule is necessary without substanti…

15A NCAC 01O .0107 DENIAL, SUSPENSION AND REVOCATION (a) The Director, Division of Environmental Health, may deny, suspend, or revoke the authorization to act as an agent of the State for any of the following: (1) failure to satisfy the requirements for authorization in Rules .01…

15A NCAC 01O .0108 RE-AUTHORIZATION If an individual's authorization has been suspended, the authorization shall be reinstated upon determination by the Division that the reasons for suspension no longer exist. If an agent's authorization has been revoked for failure to comply wi…

15A NCAC 01O .0109 APPEALS PROCEDURES Appeals concerning denials, suspensions and revocations of authorization under these Rules shall be made in accordance with G.S. 150B. An individual whose authorization has been suspended or revoked and who timely requests an appeal may conti…

SUBCHAPTER 1P - GRANTS TO COMMERCIAL FISHERMEN FOR HURRICANE DAMAGE SECTION .0100 - GRANTS TO COMMERCIAL FISHERMEN FOR HURRICANE DAMAGE 15A NCAC 01P .0101 GENERAL History Note: Authority S.L. 1999, c. 463(Extra Session); Temporary Adoption Effective July 1, 2000; February 4, 2000…

15A NCAC 01P .0102 DEFINITIONS History Note: Authority 1999 S.L. Extra Session 1999, c. 463; Temporary Adoption Effective February 4, 2000 to expire on January 1, 2003; Temporary Adoption expired January 1, 2003.

15A NCAC 01P .0103 APPLICATION AND ELIGIBILITY REVIEW PROCESS History Note: Authority S.L. 1999, c. 463(Extra Session); Temporary Adoption Eff. August 1, 2000; July 1, 2000; February 4, 2000 to expire on January 1, 2003; Temporary Adoption expired January 1, 2003.

15A NCAC 01P .0104 ELIGIBILITY NOTIFICATION - DISPUTE PROCESS History Note: Authority S.L. 1999, c. 463(Extra Session); Temporary Adoption Eff. July 1, 2000; February 4, 2000 to expire on January 1, 2003; Temporary Adoption expired January 1, 2003.

15A NCAC 01P .0105 APPEAL PROCESS History Note: Authority S.L. 1999, c. 463(Extra Session); Temporary Adoption Effective July 1, 2000; February 4, 2000 to expire on January 1, 2003; Temporary Adoption expired January 1, 2003.

SUBCHAPTER 01Q – JUNKYARDS AND OTHER HIGH-RISK SOLID WASTE SITES SECTION .0100 - EVALUATION OF HIGH-RISK JUNKYARDS AND OTHER HIGH-RISK SOLID WASTE SITES 15A NCAC 01Q .0101 REMEDIATION OF HIGH-RISK JUNKYARDS AND SOLID WASTE SITES History Note: Authority G.S.: 113A-4; 113A-6; 113A-…

SUBCHAPTER 01r - NORTH CAROLINA AQUARIUMS SECTION .0100 – FEES 15a ncac 01r .0101 FEE SCHEDULE History Note: Authority G.S. 143B-289.41(b); 143B-289.44; Eff. March 1, 2004; Amended Eff. January 1, 2006; Transferred and recodified to 15A NCAC 28 .0302 Eff. August 1, 2007.

SUBCHAPTER 01S - OFFICE OF ENVIRONMENTAL EDUCATION SECTION .0100 - NORTH CAROLINA ENVIRONMENTAL EDUCATION CERTIFICATION PROGRAM 15A NCAC 01S .0101 Fees For enrollment in the North Carolina Environmental Education Certification Program an applicant shall submit to the Office of En…

SUBCHAPTER 01T - WATER RESOURCES GRANT PROGRAMS SECTION .0100 - AQUATIC WEED FUND 15A NCAC 01T .0101 Applicability The rules in this Section apply to the Aquatic Weed Fund in G.S. 143-215.73F. History Note: Authority G.S. 113A-223; 113A-227; 143-215.73F; Temporary Adoption Eff. F…

15A NCAC 01T .0102 DEFINITIONS For purposes of the rules in this Section, (1) "Department" means the North Carolina Department of Environmental Quality; (2) "Director" means the Director of the Division of Water Resources, Department of Environmental Quality or his or her designe…

15A NCAC 01T .0103 PROJECT ELIGIBILITY An aquatic weed control project proposed by a unit of local, state, or federal government; academic institution; public utility; or other entity may be eligible for grant funds from the Aquatic Weed Fund provided that: (1) the project target…

15A NCAC 01T .0104 AqUAtic weed control GRANT APPLICATIONS (a) To request state cost share funding for an eligible aquatic weed control project, an application shall be sent to the Division of Water Resources Aquatic Weeds Control Program, at 1611 Mail Service Center, Raleigh, NC…

15A NCAC 01T .0105 GRANT APPLICATION REVIEW AND APPROVAL (a) To be eligible for funding from the Aquatic Weed Fund, applications shall be received before October 16 of the year prior to when the project will occur. (b) All applications shall be reviewed by the Council. Following …

15A NCAC 01T .0106 INSTRUMENT OF AGREEMENT (a) For a project sponsored by a unit of local government, the applicant shall provide a resolution from the local government's governing board and, per G.S. 143-6-23(b), a copy of their conflict of interest policy prior to the Departmen…

15A NCAC 01T .0107 NORTH CAROLINA AQUATIC WEED CONTROL COUNCIL The Council shall serve as an advisory group for the Division regarding the control, eradication, and regulation of noxious weeds. The Division shall invite each of the following agencies to designate one representati…

15A NCAC 01t .0108 NOXIOUS AQUATIC WEED LIST The Secretary of the Department of Environment and Natural Resources has designated the following plants as noxious aquatic weeds: (1) Species Listed on the Federal Noxious Weed List. Azolla pinnata R. Brown - Pinnate mosquitofern Eich…

15A NCAC 01t .0109 THE AQUATIC WEED CONTROL ACT History Note: Authority G.S. 106-420; 113A-222; 113A-223; 113A-224; Eff. September 1, 1992; Repealed Eff. April 1, 2006; Transferred from 15A NCAC 02G .0601 Eff. May 1, 2023.

SECTION .0200 - SHALLOW DRAFT NAVIGATION CHANNEL DREDGING FUND 15A NCAC 01T .0201 Applicability The rules in this Section apply to the Shallow Draft Navigation Channel Dredging Fund in G.S. 143-215.73F, including projects related to dredging federally authorized channels where th…

15A NCAC 01T .0202 DEFINITIONS For purposes of the rules in this Section, (1) "Department" means the North Carolina Department of Environmental Quality; (2) "Division" means the Division of Water Resources, which is within the North Carolina Department of Environmental Quality; a…

15A NCAC 01T .0203 PROJECT ELIGIBILITY Shallow Draft navigation channel dredging Fund (a) A shallow draft navigation channel dredging project proposed or sponsored by a local government may be eligible for grant funds from the Shallow Draft Navigation Channel Dredging Fund provid…

15A NCAC 01T .0204 GRANT APPLICATIONS FOR THE Shallow Draft Navigation Channel dredging FUND channels performed by local units of government (a) To apply for grant funds from the Shallow Draft Navigation Channel Dredging Fund for non-federally authorized channels, the application…

15A NCAC 01T .0205 GRANT APPLICATION REVIEW AND APPROVAL for channels dredged by a Local unit of government (a) The Division shall review grant applications and may either approve, approve in part, or disapprove applications based on the following criteria: (1) the economic, soci…

15A NCAC 01T .0206 Post Funding Award for channels dredged by a local unit of government (a) If the Division awards a grant from the Shallow Draft Navigation Channel Dredging Fund and the local government accepts the grant award, then a grant contract must be executed prior to an…

15A NCAC 01T .0207 GRANT APPLICATIONS FOR THE SHALLOW DRAFT NAVIGATION CHANNEL DREDGING FUND FOR CHANNELS DREDGED BY THE UNITED STATES ARMY CORPS OF ENGINEERS To apply for grant funds from the Shallow Draft Navigation Channel Dredging Fund for federally authorized channels, the a…

15A NCAC 01T .0208 Post Funding Award for channels DREDGED BY THE UNITED STATES ARMY CORPS OF ENGINEERS If the Division awards a grant from the Shallow Draft Navigation Channel Dredging Fund and the local government accepts the grant award: (1) The sponsoring local unit of govern…

SECTION .0300 - COASTAL STORM DAMAGE MITIGATION FUND 15A NCAC 01T .0301 APPLICABILITY The rules in this Section apply to the Coastal Storm Damage Mitigation Fund in G.S. 143-215.73M. History Note: Authority G.S. 143-215.73M; Temporary Adoption Eff. February 8, 2023; Eff. June 1, …

15A NCAC 01T .0302 DEFINITIONS For purposes of the rules in this Section, (1) "Department" means the North Carolina Department of Environmental Quality; and (2) "Division" means the Division of Water Resources, which is within the North Carolina Department of Environmental Qualit…

15A NCAC 01T .0303 PROJECT ELIGIBILITY (a) A coastal storm damage mitigation project proposed by a local government may be eligible for grant funds from the Coastal Storm Damage Mitigation Fund provided that: (1) the project is for beach nourishment, artificial dunes, and other p…

15A NCAC 01T .0304 COASTAL STORM DAMAGE MITIGATION FUND APPLICATION (a) To apply for grant funds from the Coastal Storm Damage Mitigation Fund, the application shall be on forms provided by the Division and submitted to the Division's Coastal Infrastructure Grant Coordinator. The…

15A NCAC 01T .0305 GRANT APPLICATION REVIEW AND APPROVAL The Division shall review grant applications and may either approve, approve in part, or disapprove applications based on the following criteria: (1) the economic, social, and environmental benefits to be provided by the pr…

15A NCAC 01T .0306 POST FUNDING AWARD (a) If the Division awards a grant from the Coastal Storm Damage Mitigation Fund and the local government accepts the grant award, then a grant contract must be executed prior to any grant funds being dispersed. (b) Any changes to the scope o…

section .0400 – state partipiation in water resources projects 15A NCAC 01T .0401 PREAMBLE History Note: Authority G.S. 143-215.70 through 143-215.73; 143-355; Eff. February 1, 1976; Amended Eff. April 1, 1983; Repealed Eff. October 1, 1984; Transferred from 15A NCAC 02G .0101 Ef…

15A NCAC 01T .0402 PROJECT ELIGIBILITY The following types of water resource development projects are eligible for state cost-sharing by the Department of Environment, Health, and Natural Resources (department): (1) general navigation improvement; (2) recreational navigation impr…

15A NCAC 01T .0403 PROJECT COST-SHARING AMOUNTS The department may provide state funds in amounts not to exceed the percentages stated in G.S. 143-215.71 of either the non-federal costs (in the case of a federal agency project) or the total costs (in the case of a project not rec…

15A NCAC 01T .0404 GRANT APPLICATIONS BY LOCAL GOVERNMENT To request state cost-sharing for an eligible water resources development project, a local political subdivision or unit of government shall send to the Division of Water Resources an official resolution describing the nat…

15A NCAC 01T .0405 GRANT APPLICATION REVIEW AND APPROVAL The secretary of the department shall receive and review grant applications for water resources development projects. If the proposed project described in the application is not subject to environmental review under federal…

15A NCAC 01T .0406 GRANT PAYMENTS When state cost-sharing for the water resource development project has been approved by the department and reviewed by the Advisory Budget Commission, the department shall pay its portion of the non-federal costs of a federal project when request…