North Carolina Administrative Code

15A NCAC 02E .0606 WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS All classes of water users shall prepare a Water Shortage Response Plan in accordance with Rules .0607-.0611 of this Section. The purpose of these Water Shortage Response Plans is to plan for an effective course of …

15A NCAC 02E .0607 PUBLICLY AND PRIVATELY OWNED WATER SYSTEM WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Units of local governments and large community water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) shall include the following inf…

15A NCAC 02E .0608 STATE AGENCY WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) State agencies that supply their own water shall prepare a written plan for responding to water shortages using the provisions of Rule .0607(a) of this Section. (b) State agencies that are supplied …

15A NCAC 02E .0609 LOCAL GOVERNMENT WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Units of local government that provide water to the public shall meet the requirements of Rule .0607(a) of this Section. (b) Units of local government that do not provide water to the public sha…

15A NCAC 02E .0610 BUSINESS AND INDUSTRIAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Self-supplied business and industrial water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall prepare a written plan, for responding to water short…

15A NCAC 02E .0611 AGRICULTURAL AND HORTICULTURAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS (a) Agricultural and horticultural water users subject to the water withdrawal registration requirements of G.S. 143-215.22H shall develop a written plan for responding to water shorta…

15A NCAC 02E .0612 DEFAULT WATER SHORTAGE RESPONSE PLANNING MEASURES Publicly or privately owned water systems that are required to prepare a Local Water Supply Plan under G.S. 143-355(l) that do not have a written Water Shortage Response Plan, as outlined in Rule .0607 of this S…

15A NCAC 02E .0613 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXTREME DROUGHT DESIGNATIONS When the NCDMAC designates a region of the state as suffering from Extreme Drought, the following water use reduction standards shall apply to water users in the designated area, as…

15A NCAC 02E .0614 DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXCEPTIONAL DROUGHT DESIGNATIONS When the NCDMAC designates a region of the state as suffering from Exceptional Drought, the following water use reduction standards shall apply to water users in the designated …

15A NCAC 02E .0615 WATER REUSE DURING DROUGHTS AND WATER SHORTAGE EMERGENCIES Water users may use reclaimed water under the provisions of North Carolina Administrative Code 15A NCAC 02U .0100 and any successive rules and amendments, during droughts and other water shortage emerge…

15A NCAC 02F .0105 EFFECTIVE CONTINGENT UPON FEDERAL FUNDS ALLOCATED History Note: Authority G.S. 143-215(a)(14); 143-215.3(a)(13); Eff. February 1, 1976; Amended Eff. November 16, 1979; Repealed Eff. August 1, 1990.

SUBCHAPTER 02G - WATER RESOURCES PROGRAMS SECTION .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS 15A NCAC 02G .0101 PREAMBLE (Tranferred to 15a ncac 01t .0401 eff. may 1, 2023)

15A NCAC 02G .0102 PROJECT ELIGIBILITY (transferred to 15a ncac 01t .0402 eff. may 1, 2023)

15A NCAC 02G .0103 PROJECT COST-SHARING AMOUNTS (transferred to 15a ncac 01t .0403 eff. may 1, 2023)

15A NCAC 02G .0104 GRANT APPLICATIONS BY LOCAL GOVERNMENT (transferred to 15a ncac 01t .0404 eff may 1, 2023)

15A NCAC 02G .0105 GRANT APPLICATION REVIEW AND APPROVAL (transferred to 15a ncac 01t .0405 eff. may 1, 2023)

15A NCAC 02G .0106 GRANT PAYMENTS (transferred to 15a ncac 01t .0406 EFF. MAY 1, 2023)

15A NCAC 02G .0107 SPECIAL BEACH EROSION CONTROL REQUIREMENTS (transferred to 15a ncac 01t .0407 eff. may 1, 2023)

15A NCAC 02G .0108 APPLICATION FOR STATE FUNDING (transferred to 15a ncac 01t .0408 eff. may 1, 2023)

15A NCAC 02G .0109 PAYMENT OF LOCAL SHARE (transferred to 15a ncac 01t .0409 eff. may 1, 2023)

15A NCAC 02G .0110 STATE PARTICIPATION IN BEACH EROSION CONTROL PROJECTS (transferred to 15a ncac 01t .0410 eff. may 1, 2023)

15A NCAC 02G .0111 NON-QUALIFIED PROJECTS (transferred to 15a ncac 01t .0411 eff. may 1, 2023)

15A NCAC 02G .0112 SPECIAL PROJECT REQUIREMENTS (transferred to 15a ncac 01t .0412 eff. may 1, 2023)

15A NCAC 02G .0305 EXISTING CONTRACTS History Note: Authority G.S. 143-215.62; Eff. February 1, 1976; Repealed Eff. October 1, 1984.

SECTION .0400 - FLOODWAY ESTABLISHMENT 15A NCAC 02G .0401 STATUTORY AUTHORIZATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.56; Eff. February 1, 1976; Repealed Eff. October 1, 1984.

15A NCAC 02G .0402 FORM History Note: Authority G.S. 143-215.3(a)(1); 143-215.56; Eff. February 1, 1976; Amended Eff. July 1, 1988; October 1, 1984; Expired Eff. March 1, 2019 pursuant to G.S. 150B-21.3A.

SECTION .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE 15A NCAC 02G .0501 INTRODUCTION To increase the availability of municipal and industrial water supplies, the State of North Carolina requested the U.S. Army Corps of Engineers to designate 32.62 percent of the Jordan …

15A NCAC 02G .0502 DEFINITIONS As used throughout this Subchapter: (1) "Capital costs" means initial costs of the project; (2) "Commission" means Environmental Management Commission; (3) "Department" means the North Carolina Department of Natural Resources and Community Developme…

15A NCAC 02G .0503 FORMAL APPLICATION (a) The Commission may receive initial allocation requests from local governments beginning on this Section's effective date. In order to be reviewed, applications must contain the following information: (1) Projected population and water use…

15A NCAC 02G .0504 ALLOCATION OF WATER SUPPLY STORAGE (a) The segment of Jordan Lake proposed for a water supply withdrawal must be classified by the Commission as a drinking water source prior to any allocation of Jordan Lake water supply storage. Prior to the first allocation o…

15A NCAC 02G .0505 NOTIFICATION AND PAYMENT (a) The Commission will notify applicants of the decisions made regarding their allocation requests. (b) Recipients of Level I allocations are required to pay a proportional share of the state's total water supply storage capital and in…

15A NCAC 02G .0506 RECIPIENTS' REQUIREMENTS (a) Holders of Level I allocations must provide documentation meeting the requirements of the North Carolina Environmental Policy Act, G.S. 113A-1 thru 113A-10, at the time the holders propose to build facilities to use water from Jorda…

15A NCAC 02G .0507 LOSS OF ALLOCATION (a) The Commission will review the Level I and Level II allocations at five year intervals, beginning on the effective date of the first allocation. (b) Level I allocations will be reviewed for possible reassignment if the recipient does not …

SECTION .0600 - AQUATIC WEED CONTROL 15A NCAC 02G .0601 THE AQUATIC WEED CONTROL ACT (transferred to 15a ncac 01t .0109 eff. may 1, 2023)

15A NCAC 02G .0602 NOXIOUS AQUATIC WEED LIST (transferred to 15a ncac 01t .0108 eff. may 1, 2023)

SUBCHAPTER 02H - PROCEDURES FOR PERMITS: APPROVALS SECTION .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS 15A NCAC 02H .0101 PURPOSE The Rules of this Section set forth the requirements and procedures for application and issuance of state permits pursuant to G.S. 143-215.1…

15A NCAC 02H .0102 SCOPE (a) The Rules in this Section apply to all persons: (1) discharging or proposing to discharge waste, directly or indirectly, from a point source to the surface waters of the state; (2) constructing or proposing to construct a treatment or pretreatment wor…

15A NCAC 02H .0103 DEFINITION OF TERMS The terms used in this Section shall be as defined in G.S. 143-212 and 143-213; the federal Clean Water Act (33 U.S.C. 1251 et seq.); 40 CFR Parts 122, 124, and 125; and as follows: (1) "Authorization to Construct" means a permit required pu…

15A NCAC 02H .0104 REQUIRED PERMITS History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(a); Eff. February 1, 1976; Amended Eff. December 1, 1984; Repealed Eff. November 1, 1987.

15A NCAC 02H .0105 APPLICATION: PERMIT FEES: ASSESSMENT FOR NEW SOURCES (a) Permit Applications. (1) Except as provided in Paragraphs (d) and (e) of this Rule, any person who discharges or who proposes to discharge pollutants to the surface waters of the state or to a POTW when p…

15A NCAC 02H .0106 FILING APPLICATIONS (a) Permit applications shall be filed with the Director, Division of Water Resources. The Director's mailing address is 1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. (b) All NPDES permit applications, except those addressed…

15A NCAC 02H .0107 STAFF REVIEW AND EVALUATION (a) The Director is authorized to accept applications for the Commission and shall refer all applications to the staff for review and evaluation. Additionally, the Director shall refer NPDES Permit applications for the discharge of w…

15A NCAC 02H .0108 FACT SHEETS (a) For all discharges that do not qualify for a general NPDES permit and that have a total volume of 500,000 or more gallons on any day, a fact sheet providing a summary of the application shall be prepared by the staff and made available upon requ…

15A NCAC 02H .0109 PUBLIC NOTICE (a) Notice of Application (1) The Director shall provide public notice of each tentative determination to issue or deny an individual or general NPDES permit as follows: (A) by publishing the notice one time in a newspaper having general circulati…

15A NCAC 02H .0110 RESPONSE TO PUBLIC NOTICE History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(c)(3); 143-215.3(a)(3); 143-215.3(a)(4); Eff. February 1, 1976; Repealed Eff. November 1, 1987.

15A NCAC 02H .0111 PUBLIC HEARINGS (a) Public Hearings: (1) Any person who desires a public hearing on any NPDES permit application shall submit a request to the Director in accordance with G.S. 143-215.1(c)(3). Any such request or petition for public hearing shall indicate the i…

15A NCAC 02H .0112 FINAL ACTION ON PERMIT APPLICATIONS (a) The Director shall take final action on all NPDES applications in accordance with G.S. 143-215.1(c)(4). In the case of an Authorization to Construct permit, the Director shall take final action within 90 days after the re…

15A NCAC 02H .0113 NOTIFICATION OF APPLICANTS The Director shall notify an applicant of the final decision of the applicant's permit application. Notifications of denial shall be made by certified mail and shall specify the reasons for the denial and the changes required to obtai…

15A NCAC 02H .0114 MODIFICATION AND REVOCATION OF PERMITS (a) Any permit issued pursuant to this Section is subject to revocation or modification in whole or part pursuant to 40 CFR 122.62 or for any of the following: (1) violation of any terms or conditions of the permit; (2) ob…

15A NCAC 02H .0115 PUBLIC ACCESS TO RECORDS (a) All materials, including records, reports, data, maps, diagrams, draft or final permits, fact sheets, or other documents or information and any public comments, in printed or electronic form, submitted to the Commission, the Secreta…