North Carolina Administrative Code

15A NCAC 02H .0116 EMERGENCY PROCEDURES History Note: Authority G.S. 143-215.3(a)(8); 143-215.3(a)(12); 143-215.6C; 143-215.13(d); Eff. February 1, 1976; Amended Eff. December 1, 1984; November 1, 1978; Repealed Eff. May 1, 2020.

15A NCAC 02H .0117 INVESTIGATIONS: MONITORING: AND REPORTING (a) Staff of the Department of Environmental Quality may conduct any investigations as provided in G.S. 143-215.3(a)(2), (7), and (9) for the purpose of determining compliance with water quality standards, effluent limi…

15A NCAC 02H .0118 EFFLUENT LIMITATIONS AND STANDARDS Any state NPDES permit shall contain effluent limitations and standards required by 15A NCAC 02B .0400 and the Clean Water Act, which is hereby incorporated by reference including any subsequent amendments and editions. 15A NC…

15A NCAC 02H .0119 DISCHARGES OF 50,000 GALLONS PER DAY OR LESS History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); Eff. February 1, 1976; Repealed Eff. December 1, 1984.

15A NCAC 02H .0120 LIMITATION ON DELEGATION The Director may delegate any or all of the functions contained in this Section except the following: (1) denial of a permit application; (2) revocation of a permit not requested by the permittee; (3) modification of a permit where init…

15A NCAC 02H .0121 SUSPENSION OF REQUIREMENT FOR STATE NPDES PERMITS (a) An NPDES Permit issued by the U.S. Environmental Protection Agency shall serve in lieu of a State Permit under Rule .0104 of this Section and G.S. 143-215.1 so long as the Federal Permit remains in effect. (…

15A NCAC 02H .0124 RELIABILITY All facilities shall provide adequate reliability measures to ensure continued treatment and disinfection where the interruption of such treatment would result in a discharge of insufficient quality to protect the best intended uses of the affected …

15A NCAC 02H .0125 PERMIT REQUIREMENTS FOR PEAT MINING (a) Any person who discharges or proposes to discharge pollutants from a peat mining operation to the surface waters of the state shall apply for, obtain, and comply with an NPDES permit for the discharge per the rules of thi…

15A NCAC 02H .0126 Stormwater Discharges (a) Stormwater discharges subject to National Pollutant Discharge Elimination System (NPDES) permitting are addressed in this section, which incorporates, supplements, and elaborates on the federal rules on stormwater NPDES discharges. Oth…

15A NCAC 02H .0127 GENERAL PERMITS (a) In accordance with the provisions of G.S. 143.215.1 (b)(3) and (4), general permits may be developed by the Division and issued by the Director for categories of activities as described in Paragraph (d) of this Rule. (b) General permits shal…

15A NCAC 02H .0138 AUTHORIZATION TO CONSTRUCT PERMITS (a) Authorization Required. (1) After an NPDES permit has been issued by the Division of Water Resources in accordance with this Section, construction of wastewater treatment facilities or additions thereto shall not begin unt…

15A NCAC 02H .0139 MINIMUM DESIGN REQUIREMENTS All facilities requiring a permit pursuant to this Section shall be designed following good engineering practice and comply with the minimum design requirements specified in 15A NCAC 02T .0114 and .0805. The plans and specifications …

15A NCAC 02H .0140 CERTIFICATION OF COMPLETION (a) Notwithstanding Paragraph (c) of this Rule, prior to operation of any treatment works or disposal system permitted in accordance with this Section, the permittee shall provide the signed and sealed certification of a professional…

15A NCAC 02H .0141 OPERATIONAL AGREEMENTS (a) Prior to issuance or reissuance of a permit pursuant to this Section for a wastewater facility as specified in G.S. 143-215.1(d1), the applicant must either: (1) provide evidence to show that the applicant has been designated as a pub…

15A NCAC 02H .0142 USE/WASTEWATER TRTMT WORKS EMGCY MAIN: OPER/REPAIR FUND History Note: Authority G.S. 143-215.3(a); 143-215.3B(c); 143-215.3B(e); Eff. August 1, 1988; Repealed Eff. May 1, 2020 (S.L. 2005-454, §8, effective January 1, 2006).

15A NCAC 02H .0143 INCORPORATION BY REFERENCE (a) The following sections of Title 40 of the Code of Federal Regulations (CFR) are incorporated by reference, including subsequent amendments and editions, and shall apply throughout this Section except where procedural details of th…

15A NCAC 02H .0144 Reserved for future codification

15A NCAC 02H .0145 Reserved for future codification

15A NCAC 02H .0146 Reserved for future codification

15A NCAC 02H .0147 Reserved for future codification

15A NCAC 02H .0148 Reserved for future codification

15A NCAC 02H .0149 Reserved for future codification

15A NCAC 02H .0150 DEFINITIONS: npdes MS4 sTORMWATER Federal definitions for NPDES discharges at 40 C.F.R. 122.2 and 122.26(b)(1 July 2015 Edition) are incorporated herein by reference, not including subsequent amendments and editions. These federal regulations may be accessed at…

15A NCAC 02H .0151 npdes MS4 sTORMWATER: Designation and Petition process (a) Designation of Regulated Entities. A public entity that owns or operates a municipal separate storm sewer system (MS4) may be designated as a regulated entity through federal designation, through the St…

15A NCAC 02H .0152 development in urbanizing areas History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); S.L. 2011-220; Eff. July 3, 2012; Amended Eff. July 1, 2013; Repealed Eff. January 1, 2017.

15A NCAC 02H .0153 npdes MS4 sTORMWATER: program implementation (a) Permit Standards. To obtain a NPDES permit for stormwater management, an applicant shall develop, implement, and enforce a stormwater management plan approved by the Commission that satisfies the six "minimum con…

15A NCAC 02H .0154 post-construction practices History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a)(1); Eff. July 3, 2012; Repealed Eff. January 1, 2017.

15A NCAC 02H .0207 SUBMISSION OF PERMIT APPLICATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(d); 143-215.3(a)(4); Eff. February 1, 1976; Repealed Eff. February 1, 1986.

15A NCAC 02H .0210 NOTIFICATION OF APPLICANTS History Note: Authority G.S. 143-215.1(a); 143-215.3(a)(4); Eff. February 1, 1976; Repealed Eff. October 1, 1987.

15A NCAC 02H .0211 Permit renewals (See 15A NCAC 02T .0109) History Note: Authority G.S. 143-215.3(e)(l); Eff. February 1, 1976; Amended Eff. February 1, 1993; October 1, 1990; October 1, 1987; January 1, 1984; Repealed Eff. September 1, 2006.

15A NCAC 02H .0212 ADMINISTRATIVE HEARINGS History Note: Authority G.S. 143-215.3(a)(1); 143-215.4; 143-215.1(e); Eff. February 1, 1976; Amended Eff. October 1, 1987; Repealed Eff. August 1, 1988.

15A NCAC 02H .0213 Modification and revocation of permits (See 15A NCAC 02T .0110) History Note: Authority G.S. 143-215.3(a)(1); 143-215.1(b)(2); Eff. February 1, 1976; Amended Eff. February 1, 1993; August 1, 1988; October 1, 1987; November 1, 1978; Repealed Eff. September 1, 20…

15A NCAC 02H .0214 INVESTIGATIONS: MONITORING AND REPORTING History Note: Authority G.S. 143-215.3(a); 143-215.1(b); Eff. February 1, 1976; Amended Eff. November 1, 1978; Repealed Eff. October 1, 1987.

15A NCAC 02H .0215 DELEGATION OF AUTHORITY (See 15A NCAC 02T .0112) History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(4); Eff. February 1, 1976; Amended Eff. February 1, 1993; October 1, 1987; February 1, 1986; Repealed Eff. September 1, 2006.

15A NCAC 02H .0216 LIMITATION ON DELEGATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.9(d); 143-215.3(a)(4); Eff. February 1, 1976; Repealed Eff. February 1, 1986.

15A nCAC 02h .0217 permitting by regulation (See 15A NCAC 02T .0113) History Note: Authority G.S. 130A-300; 143-215.1(a)(l); 143-215.3(a),(d); Eff. February 1, 1976; Amended Eff. February 1, 1993; December 1, 1984; Repealed Eff. September 1, 2006.

15A NCAC 02h .0218 local programs for sewer systems (See 15A NCAC 02T .0306) History Note: Authority G.S. 143-215.1; 143-215.3(a)(l); Eff. February 1, 1986; Amended Eff. February 1, 1993; October 1, 1987; Repealed Eff. September 1, 2006.

15A ncac 02h .0222 the wastewater treatment works emergency fund History Note: Authority G.S. 143-215.3(a); 143-215.3B(c); 143-215.3B(e); Eff. August 1, 1988; Amended Eff. February 1, 1993; Repealed Eff. September 1, 2006.

15A NCAC 02H .0225 conditions for issuing general permits (See 15A NCAC 02T .0111) History Note: Authority G.S. 143-215.1; 143-215.3(a)(l); 143-215.10C; Temporary Adoption Eff. November 8, 1996; Temporary Adoption Eff. May 8, 1997; Eff. August 1, 1998; Repealed Eff. September 1, …

15A NCAC 02H .0226 INNOVATIVE ANIMAL WASTE OPERATION PERMITS FOR SWINE OPERATIONS History Note: Authority G.S. 143-215.1; 143-215.10C; Clean Water Responsibility And Environmentally Sound Policy Act, S.L. 1997 c. 458; Temporary Adoption Eff. August 21, 1998; Temporary Adoption Ex…

15a ncac 02H .0227 SYSTEM-WIDE COLLECTION SYSTEM PERMITTING (See 15A NCAC 02T .0400) History Note: Authority G.S. 143-215.1(a); 143-215.3(a),(d); NC Clean Water Act of 1999; S.L. 1999 c. 329; Temporary Adoption Eff. March 1, 2000; Eff. April 1, 2001; Repealed Eff. September 1, 20…

15A NCAC 02H .0408 DISPOSAL OF STORMWATER History Note: Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. November 1, 1986; Repealed Eff. January 1, 1988.

15A NCAC 02H .0409 TRIAL IMPLEMENTATION PERIOD/COASTAL STORMWATER CONTROLS History Note: Authority G.S. 143-215.3(a)(1); Eff. November 1, 1986; Repealed Eff. January 1, 1988.

SECTION .0500 - WATER QUALITY CERTIFICATION 15A NCAC 02H .0501 APPLICABILITY AND DEFINITIONS (a) This Section outlines the application and review procedures for activities that require State water quality certifications (certifications) pursuant to Section 401 of the Clean Water …

15A NCAC 02H .0502 FILING APPLICATIONS (a) Any person needing issuance of an individual water quality certification or Certificate of Coverage under a general certification required by this Section and Section 401 of the Clean Water Act shall file with the Director, at 1617 Mail …

15A NCAC 02H .0503 PUBLIC NOTICE AND PUBLIC HEARING (a) The Division shall provide public notice for proposed General Certifications. This notice shall be sent to all individuals on the mailing list described in Paragraph (g) of this Rule and posted on the Division's website: htt…

15A NCAC 02H .0504 HEARING History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(c); 143B-282(1)(u); Eff. February 1, 1976; Amended Eff. July 1, 1988; December 1, 1984; RRC Objection Eff. July 18, 1996 due to lack of statutory authority and ambiguity; Recodified from 15A NCAC 2…

15A NCAC 02H .0505 DELEGATIONS History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(c); Eff. February 1, 1976; Repealed Eff. December 1, 1984.

15A NCAC 02H .0506 REVIEW OF APPLICATIONS (a) NO WRITTEN CONCURRENCE REQUIRED. Applicants shall request a Certificate of Coverage under a general certification by submitting an application to the Division unless that general certification states that written concurrence from the …

15A NCAC 02H .0507 DECISION ON APPLICATION FOR CERTIFICATION (a) The Director shall issue the certification, deny the application, provide notice of hearing pursuant to Rule .0503 of this Section, or request additional information within 60 calendar days after receipt of an appli…