North Carolina Administrative Code

15A NCAC 01V .0107 REQUIRED language for financial assurance MECHANISMS for new ussps The financial assurance mechanisms set forth in Rule .0106 of this Section for new USSPs shall use the language provided in this Rule unless otherwise approved by the Department as provided in R…

Chapter 01 - Departmental Rules subchapter 01W - EMERGENCY INFRASTRUCTURE BRIDGE LOAN PROGRAM FOR COMMERCIAL USTS SECTION .0100 - EMERGENCY INFRASTRUCTURE BRIDGE LOAN PROGRAM FOR COMMERCIAL USTS 15A NCAC 01W .0101 APPLICABILITY AND DEFINITIONS (a) Applicability. The rules of this…

15A NCAC 01W .0102 LOAN APPLICATION (a) An owner or operator of a commercial underground storage tank permitted by the Division in accordance with 15A NCAC 02N that is located in the affected area may apply for an emergency infrastructure bridge loan in accordance with S.L. 2024-…

15A NCAC 01W .0103 APPLICATION REVIEW AND LOAN ELIGIBILITY (a) The Division shall review an application submitted that complies with Rule .0102 of this Section and determine whether the loan is eligible for approval. The Division may determine that the loan is not eligible for ap…

15A NCAC 01W .0104 LOAN AGREEMENT (a) Within 10 business days after an applicant elects to accept a loan after it is awarded in accordance with S.L. 2024-53, s. 4C.8.(i), the recipient shall submit a signed NC Substitute W-9 form to the Division. The Substitute W-9 form may be ob…

15A NCAC 01W .0105 LOAN TERMS, LIMITATIONS, AND CONDITIONS (a) In addition to the loan terms in S.L. 2024-53, s. 4C.8 and the applicable requirements of S.L. 2024-53, s. 3.1, a bridge loan from the program is subject to the following terms and conditions: (1) The total amount awa…

SUBCHAPTER 01X – EXPRESS PERMITTING SECTION .0100 – EXPRESS PERMITTING 15A NCAC 01X .0101 PURPOSE The purpose of these Rules is to set forth the processes and procedures for implementation of the Department's express review program to provide expedited permit and certification re…

15A NCAC 01X .0102 DEFINITIONS For purposes of this Subchapter, (1) "Acceptance Date" means the assigned date upon which the Department will begin the formal review of an Application after granting a Request for Express Review; (2) "AccessDEQ" means the Department's online portal…

15A NCAC 01X .0103 APPLICABILITY The rules in this Subchapter apply to the submission and review of Requests for Express Review of Applications for the following permits, plans, or certifications: (1) Coastal Post-Construction Stormwater Permits pursuant to G.S. 143, Article 21, …

15A NCAC 01X .0104 REQUESTS FOR EXPRESS REVIEW In addition to the information required in Rules .0202 and .0302 of this Subchapter, a Request for Express Review shall be submitted on a form including: (1) Applicant name and contact information; (2) Experienced Consultant name and…

15A NCAC 01X .0105 GRANTING REQUESTS FOR EXPRESS REVIEW The Department shall grant Requests for Express Review that are determined to be complete and eligible, in accordance with Rules .0104, .0201, .0202, .0301 and .0302 of this Subchapter. The Department shall not grant a Reque…

15A NCAC 01X .0106 PROCESSING OF REQUESTS FOR EXPRESS REVIEW The processing of Requests for Express Review shall be performed as follows: (1) To be considered for express review under these Rules, an applicant shall submit a Request for Express Review and intake fee via AccessDEQ…

SECTION .0200 – COASTAL POST-CONSTRUCTION STORMWATER PERMITS 15A NCAC 01X .0201 PROJECT ELIGIBILITY The following PCSW Permit Applications shall be ineligible for express review: (1) PCSW Permit Applications submitted by an individual who does not meet the requirements of being a…

15A NCAC 01X .0202 APPLICATION SUBMISSION REQUIREMENTS Applications shall include: (1) The type of permitting action and the type of PCSW Permit or approval being requested; (2) A list of the number and type of stormwater control measures intended to be utilized in the project; (…

15A NCAC 01X .0203 REVIEW OF APPLICATIONS The review of a PCSW Permit Application shall proceed as follows: (1) Upon granting a Request for Express Review pursuant to Rule .0106(5) of this Subchapter, the Department shall review the Application within ten business days of the Acc…

SECTION .0300 – EROSION AND SEDIMENTATION CONTROL PLANS 15A NCAC 01X .0301 PROJECT ELIGIBILITY The following Erosion and Sedimentation Control Plan Applications shall be ineligible for express review: (1) ESC Plans submitted by an individual who does not meet the requirements of …

15A NCAC 01X .0302 APPLICATION SUBMISSION REQUIREMENTS Applications for ESC Plan reviews shall include: (1) All items listed in the Erosion and Sedimentation Control Plan Preliminary Review Checklist found at https://www.deq.nc.gov/ESCforms summarizing compliance with G.S. 113A, …

15A NCAC 01X .0303 REVIEW OF APPLICATIONS The review of an ESC Plan Application shall proceed as follows: (1) Upon granting a Request for Express Review pursuant to Rule .0106(5) of this Subchapter, the Department shall review the ESC Plan within five business days of the Accepta…

CHAPTER 02 - ENVIRONMENTAL MANAGEMENT SUBCHAPTER 02A - ORGANIZATION OF ENVIRONMENTALMANAGEMENT COMMISSION 15A NCAC 02A .0101 NAME History Note: Authority G.S. 143-215.3(a)(1); Eff. February 1, 1976; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

15A NCAC 02A .0102 DEFINITIONS The following definitions shall be used throughout this Subchapter: (1) Commission -- shall mean the Environmental Management Commission; (2) Secretary -- shall mean the Secretary, Department of Natural Resources and Community Development; (3) Divis…

15A NCAC 02A .0103 GENERAL DUTIES AND POWERS History Note: Authority G.S. 143-215.3(a)(1); 143B-282; Eff. February 1, 1976; Amended Eff. July 1, 1988; Expired Eff. February 1, 2017 pursuant to G.S. 150B-21.3A.

15A NCAC 02A .0104 STRUCTURE History Note: Authority G.S. 143-215.3(a)(1); 143B-283 to 143B-285; Eff. February 1, 1976; Amended Eff. November 1, 1978; Repealed Eff. July 1, 1988.

15A NCAC 02A .0105 DELEGATIONS OF AUTHORITY (a) The N.C. Environmental Management Commission therefore resolves that: (1) Whenever in these resolutions and rules there exists a delegation of authority to the Director, Office of Water and Air Resources (now the Division of Environ…

15A NCAC 02A .0106 REDELEGATIONS FROM THE SECRETARY History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); 143B-10; Eff. February 1, 1976; Amended Eff. December 4, 1978; September 3, 1976; July 28, 1976; Repealed Eff. July 1, 1988.

15A NCAC 02A .0107 CREATION OF N.P.D.E.S. COMMITTEE (a) The Chairman of the Commission shall appoint at least five members of the Commission to serve as the National Pollutant Discharge Elimination System (NPDES) Committee, to advise the Commission on matters related to that syst…

15A NCAC 02A .0108 REDELEGATION BY DIRECTOR: DIVISION OF ENVIRONMENTAL MGM'T History Note: Authority G.S. 143B-10; 87-88; 143-215.1; 143-215.108; Eff. December 11, 1978; Amended Eff. June 18, 1979; Repealed Eff. July 1, 1988.

SUBCHAPTER 02B - SURFACE WATER AND WETLAND STANDARDS SECTION .0100 - PROCEDURES FOR ASSIGNMENT OF WATER QUALITY STANDARDS 15A NCAC 02B .0101 GENERAL PROCEDURES (a) The rules contained in Sections .0100, .0200 and .0300 of this Subchapter, which pertain to the series of classifica…

15A NCAC 02B .0102 USE OF CLASSIFICATIONS AND WATER QUALITY STANDARDS History Note: Authority G.S. 143-214.1; Eff. February 1, 1976; Repealed Eff. January 1, 1985.

15A NCAC 02B .0103 ANALYTICAL PROCEDURES (a) Chemical/Physical Procedures. Tests or analytical procedures to determine conformity with standards shall, insofar as practicable and applicable, conform to the guidelines by the U.S. Environmental Protection Agency (EPA) codified as 4…

15A NCAC 02B .0104 CONSIDERATIONS/ASSIGNING/IMPLEMENTING WATER SUPPLY CLASSIFICATIONS (a) In determining the suitability of waters for use as a source of water supply for drinking, culinary, or food processing purposes after approved treatment, the Commission shall consider the p…

15A NCAC 02B .0105 DETERMINATION OF SAFETY OR SUITABILITY: CLASS A-II WATERS History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. February 1, 1976; Amended Eff. January 1, 1985; September 9, 1979; Repealed Eff. February 1, 1986.

15A NCAC 02B .0106 CONSIDERATIONS/ASSIGNING CLASSIFICATIONS FOR PRIMARY RECREATION History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. February 1, 1976; Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979; Repealed Eff. November 1, 2019.

15A NCAC 02B .0107 DEFINITION OF REGULATIONS: CLASSIFICATIONS: AND STANDARDS History Note: Authority G.S. 143-214.1; Eff. February 1, 1976; Repealed Eff. January 1, 1985.

15A NCAC 02B .0108 CONSIDERATIONS IN ASSIGNING THE SHELLFISHING AREA CLASSIFICATION History Note: Authority G.S. 143-214.1; Eff. January 1, 1985; Amended Eff. October 1, 1989; Repealed Eff. November 1, 2019.

15A NCAC 02B .0109 WATERS AFFECTED BY DREDGE AND FILL ACTIVITIES History Note: Authority G.S. 143-214.1; Eff. October 1, 1989; Repealed Eff. October 1, 1996.

15A NCAC 02B .0110 CONSIDERATIONS FOR FEDERALLY-LISTED THREATENED OR ENDANGERED AQUATIC SPECIES Certain waters provide habitat for federally-listed aquatic animal species that are listed as threatened or endangered by the U.S. Fish and Wildlife Service or National Marine Fisherie…

SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE TO SURFACE WATERS AND WETLANDS OF NORTH CAROLINA 15A NCAC 02B .0201 ANTIDEGRADATION POLICY (a) The requirements for the antidegradation policy and implementation methods in 40 CFR 131.12 are incorporated by re…

15A NCAC 02B .0202 DEFINITIONS The definition of any word or phrase used in this Section shall be the same as given in G.S. 143, Article 21. The following words and phrases shall be defined as follows: (1) "Acute toxicity to aquatic life" means lethality or other harmful effects …

15A NCAC 02B .0203 PROTECTION OF WATERS DOWNSTREAM OF RECEIVING WATERS Water quality based effluent limitations and management practices for direct or indirect discharges of waste or for other sources of water pollution shall be developed by the Division such that the water quali…

15A NCAC 02B .0204 LOCATION OF SAMPLING SITES AND MIXING ZONES (a) In conducting tests or making analytical determinations of classified waters to determine whether they conform with the water quality standards established in accordance with this Subchapter, samples shall be coll…

15A NCAC 02B .0205 NATURAL CHARACTERISTICS OUTSIDE STANDARDS LIMITS Natural waters may on occasion, or temporarily, have characteristics outside of the normal range established by the water quality standards in this Subchapter. The adopted water quality standards relate to the co…

15A NCAC 02B .0206 FLOW DESIGN CRITERIA FOR EFFLUENT LIMITATIONS (a) For purposes of this Rule, the following definitions shall apply: (1) "1Q10" means the minimum average flow for a period of one day that has an average recurrence of once in ten years; (2) "7Q10" means the minim…

15A NCAC 02B .0207 MINIMUM ACCEPTABLE DEGREE OF TREATMENT History Note: Authority G.S. 143-214.1; Eff. February 1, 1976; Repealed Eff. September 9, 1979.

15a ncac 02b .0208 STANDARDS FOR TOXIC SUBSTANCES AND TEMPERATURE (a) Toxic Substances: the concentration of toxic substances, either alone or in combination with other wastes, in surface waters shall not render waters injurious to aquatic life or wildlife, recreational activitie…

15a ncac 02b .0211 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS C WATERS In addition to the standards set forth in Rule .0208 of this Section, the following water quality standards shall apply to all Class C waters. Additional standards applicable to other freshwater classific…

15a ncac 02b .0212 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-I WATERS The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-I. Water quality standards applicable to Class C waters as described in Rule .0211 of…

15A NCAC 02B .0213 REVISIONS TO DISSOLVED OXYGEN STANDARDS History Note: Authority G.S. 143-214.1; Eff. December 14, 1978; Amended Eff. July 1, 1988; Repealed Eff. October 1, 1989.

15a ncac 02b .0214 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-II WATERS The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-II. Water quality standards applicable to Class C waters as described in Rule .0211o…

15A NCAC 02B .0215 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-III WATERS The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-III. Water quality standards applicable to Class C waters as described in Rule .021…

15a ncac 02b .0216 FRESH SURFACE WATER QUALITY STANDARDS FOR CLASS WS-IV WATERS The following water quality standards shall apply to surface waters within water supply watersheds classified as WS-IV. Water quality standards applicable to Class C waters as described in Rule .0211 …