North Carolina Administrative Code

15A NCAC 02H .0607 COPIES OF REFERENCED DOCUMENTS 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. 150B-21.6; Eff. December 1, 1976; Amended Eff. December 1, 19…

15A NCAC 02H .0608 PERMITS FOR SOURCES IMPACTING NONATTAINMENT AREAS History Note: Authority G.S. 143-215.3(a)(1); 143-215.107(a)(5); Eff. July 1, 1979; Amended Eff. June 1, 1980; Repealed Eff. June 1, 1981.

15A NCAC 02H .0609 PERMIT FEES History Note: Authority G.S. 143-215.3(a)(1),(1a),(1b); Eff. August 1, 1988; Amended Eff. December 1, 1992; Repealed Eff. January 1, 1995.

15A NCAC 02H .0610 PERMIT REQUIREMENTS FOR TOXIC AIR POLLUTANTS History Note: Authority G.S. 143-215.3(a)(1); 143-215.108; 143B-282; S.L. 1989, c. 168, s. 45; Eff. May 1, 1990; Amended Eff. July 1, 1996; October 1, 1993; December 1, 1992; September 1, 1992; March 1, 1992; Tempora…

15A NCAC 02H .0803 DEFINITIONS The following terms as used in this Section shall have the assigned meaning: (1) "Acceptable Proficiency Testing Results" means those results on Proficiency Testing Samples that are within the Vendor-specified acceptable range as indicated by a Vend…

15A NCAC 02H .0804 PARAMETERS FOR WHICH CERTIFICATION MAY BE REQUESTED (a) Commercial Laboratories shall obtain Certification for Parameter Methods and Field Parameter Methods used to generate data that will be reported by the client to the State in accordance with the rules of t…

15A NCAC 02H .0805 CERTIFICATION AND RENEWAL OF CERTIFICATION (a) Prerequisites and requirements for Certification. The following requirements shall be met by all laboratories, excluding Field Laboratories, prior to Certification. Once certified, failure to comply with any of the…

15A NCAC 02H .0806 FEES ASSOCIATED WITH CERTIFICATION PROGRAM (a) An applicant for laboratory Certification, excluding those laboratories seeking only Field Parameter Certification, shall submit to the Department of Environmental Quality, Division of Water Resources, Water Scienc…

15A NCAC 02H .0807 DECERTIFICATION AND CIVIL PENALTIES (a) Laboratory Decertification. The following infractions may result in a laboratory being decertified pursuant to Paragraph (d) of this Rule for any or all Parameters for up to one year: (1) Failing to maintain the facilitie…

15a NCAC 02H .0808 RECERTIFICATION (a) A laboratory decertified in accordance with Rule .0807(a) of this Section shall be recertified at the end of the Decertification period imposed by the Division pursuant to Rule .0807(a) and (d) of this Section by showing that it has correcte…

15A NCAC 02H .0809 RECIPROCITY (a) Laboratories certified under certification programs of other states or other certification or accreditation bodies shall be given reciprocal Certification if such programs or certification or accreditation bodies meet the requirements of this Se…

15A NCAC 02H .0810 ADMINISTRATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 150B-23; Eff. February 1, 1976; Amended Eff. November 2, 1992; July 1, 1988; December 1, 1984; November 1, 1978; Temporary Amendment Eff. October 1, 2001; Amended Eff. August 1, 2002…

15A NCAC 02H .0811 IMPLEMENTATION History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); Eff. December 1, 1984; Repealed Eff. July 1, 1988.

SECTION .0900 - LOCAL PRETREATMENT PROGRAMS 15A NCAC 02H .0901 PURPOSE (a) The rules in this Section are designed to implement North Carolina General Statutes 143-215.3(a)(14) and 143-215.1 and provisions of the Federal Water Pollution Control Act (also known as the "Clean Water …

15A NCAC 02H .0902 SCOPE The rules of this Section apply to: (1) Pollutants from non-domestic sources covered by pretreatment standards that are indirectly discharged into or transported by truck or rail or otherwise introduced into POTWs as defined in 40 CFR 403.3 and Rule .0903…

15A NCAC 02H .0903 DEFINITION OF TERMS (a) Unless otherwise stated in Paragraph (b) of this Rule, the definitions promulgated by the Environmental Protection Agency and codified as 40 CFR 403.3 are hereby incorporated by reference, including any subsequent amendments and editions…

15A NCAC 02H .0904 REQUIRED PRETREATMENT PROGRAMS (a) The regulations regarding pretreatment program development by the control authority promulgated by the EPA and codified as 40 CFR 403.8(a) through 403.8(e) are hereby incorporated by reference, including any subsequent amendme…

15A NCAC 02H .0905 POTW PRETREATMENT PROGRAM IMPLEMENTATION REQUIREMENTS (a) Except where specified differently in this Section, the POTW pretreatment program requirements promulgated by the EPA and codified as 40 CFR 403.8(f) and (g) are hereby incorporated by reference, includi…

15A NCAC 02H .0906 SUBMISSION FOR PRETREATMENT pROGRAM APPROVAL (a) Except where specified differently in any part of this Section, the regulations regarding the contents of pretreatment programs submitted for approval and the contents of a request to revise national categorical …

15A NCAC 02H .0907 PROCEDURES FOR PRETREATMENT PROGRAM APPROVAL, REVISION AND WITHDRAWAL (a) Procedures for approval of a control authority pretreatment program and for removal credit authorization are as follows: (1) Except where specified differently in part of this Section, th…

15A NCAC 02H .0908 REPORTING/RECORD KEEPING REQUIREMENTS FOR POTWS/INDUSTRIAL USERS (a) Except where specified differently with any part of this Section, the regulations regarding the reporting requirements for control authorities and industrial users promulgated by the EPA and c…

15A NCAC 02H .0909 NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES The regulations regarding national prohibited pretreatment standards and local limits development and enforcement promulgated by the EPA and codified as 40 CFR 403.5 are hereby incorporated by reference, in…

15A NCAC 02H .0910 NATIONAL PRETREATMENT STANDARDS: CATEGORICAL STANDARDS The regulations regarding national categorical pretreatment standards promulgated by the EPA and codified pursuant to 40 CFR 403.6 are hereby incorporated by reference, including any subsequent amendments a…

15A NCAC 02H .0911 REVISION TO REFLECT POTW REMOVAL OF POLLUTANT History Note: Authority G.S. 143-215.1(a),(b); 143-215.3(a)(14); Eff. March 28, 1980; Amended Eff. December 1, 1984; Repealed Eff. October 1, 1987.

15A NCAC 02H .0912 ADJUSTMENTS FOR FUNDAMENTALLY DIFFERENT FACTORS The regulations regarding variances from national categorical pretreatment standards for fundamentally different factors promulgated by the EPA and codified as 40 CFR 403.13 are hereby incorporated by reference, i…

15A NCAC 02H .0913 PUBLIC ACCESS TO INFORMATION (a) Information and data provided by an industrial user to the POTW Director pursuant to this Section, identifying the nature and frequency of a discharge, shall be available to the public without restriction. All other information …

15A NCAC 02H .0914 UPSET PROVISION The upset provision promulgated by the EPA and codified as 40 CFR 403.16 is hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at http://www.ecfr.gov/cgi-bin/text-idx…

15A NCAC 02H .0915 NET/GROSS CALCULATION The net/gross calculation provisions promulgated by the EPA and codified as 40 CFR 403.15 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material can be found at http://www.e…

15A NCAC 02H .0916 PRETREATMENT PERMITS (a) All significant industrial users who discharge waste into a POTW shall obtain a permit from the control authority. (b) Where the Division is the control authority, permits shall be issued in accordance with Section .0100 of this Subchap…

15A NCAC 02H .0917 PRETREATMENT PERMIT SUBMISSION AND REVIEW (a) Each control authority shall transmit to the Division copies of all significant industrial user pretreatment permits 30 days prior to the effective date. (b) Permits and permit renewal submissions to the Division fo…

15A NCAC 02H .0918 LOCAL LAW Nothing in the rules of this Section is intended to affect any pretreatment requirements, including any standards or prohibitions, established by local law as long as the local requirements are not less stringent than any set forth in National Pretrea…

15A NCAC 02H .0919 BYPASS The regulations regarding the bypass provisions promulgated by the EPA and codified as 40 CFR 403.17 are hereby incorporated by reference. A copy of the reference material can be found at http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36e…

15A NCAC 02H .0920 PRETREATMENT FACILITY OPERATION AND MAINTENANCE History Note: Authority G.S. 143-215.3; Eff. November 1, 1994; Amended Eff. April 1, 2011; Repealed Eff. July 1, 2019.

15A NCAC 02H .0921 REVISION TO REFLECT POTW REMOVAL OF POLLUTANT The regulations regarding removal credits promulgated by the EPA and codified as 40 CFR 403.7 are hereby incorporated by reference, including any subsequent amendments and editions. A copy of the reference material …

15A NCAC 02H .0922 Hearings (a) The control authority sewer use ordinance (SUO) and attorney's statement required under Rule .0906(b)(1) shall provide for the enforcement and compliance with its pretreatment program in accordance with the provisions of G.S. 160A-175 for municipal…

SECTION .1000 - STORMWATER MANAGEMENT 15A NCAC 02H .1001 POST-CONSTRUCTION STORMWATER MANAGEMENT: PURPOSE AND SCOPE The purpose of this Section is to protect surface waters and aquatic resources from the adverse impacts of stormwater runoff from development activities. (1) APPLIC…

15A NCAC 02H .1002 DEFINITIONS The definition of any word or phrase in this Section shall be the same as given in Article 21, Chapter 143 of the General Statutes of North Carolina, as amended. Definitions set forth in 15A NCAC 02H .0150 and 40 CFR 122.2 and 122.26(b) (1 July 2015…

15A NCAC 02H .1003 REQUIREMENTS THAT APPLY TO all projects The following requirements shall apply to projects subject to any North Carolina stormwater program set forth in Rule .1001 of this Section. (1) CALCULATION OF PROJECT DENSITY. The following requirements shall apply to th…

15A NCAC 02H .1004 STATEWIDE STORMWATER GUIDELINES History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.3(a)(1); 143-215.8A; Eff. January 1, 1988; Repealed Eff. September 1, 1995.

15A NCAC 02H .1016 development in urbanizing areas: APPLICABILITY AND DELINEATION (a) Development in Unincorporated Areas of Counties. (1) Development that cumulatively disturbs one acre or more of land, including development that disturbs less than one acre of land that is part …

15A NCAC 02H .1017 NPDES MS4 and URBANIZING AREAS: pOST-CONSTRUCTION requirements The purpose of this Rule is to minimize the impact of stormwater runoff from new development on the water quality of surface waters and to protect their best usages. (1) IMPLEMENTING AUTHORITY. The …

15A NCAC 02H .1018 urbanizing areas: DELEGATION A public entity that does not administer the requirements of a NPDES MS4 permit for stormwater management throughout the entirety of its planning jurisdiction and whose planning jurisdiction includes a regulated coverage area pursua…

15A NCAC 02H .1019 COASTAL COUNTIES The purpose of this Rule is to protect surface waters in the 20 Coastal Counties from the impact of stormwater runoff from new development. (1) Implementing Authority. This Rule shall be implemented by: (a) local governments and other entities …

15A NCAC 02H .1020 Universal Stormwater Management Program (a) Adoption of the Universal Stormwater Management Program (USMP) shall be made at the option of a local government by adopting an ordinance that complies with this Rule and the requirements of 15A NCAC 02B .0104(f). The…

15A NCAC 02H .1021 NON-COASTAL COUNTY HIGH QUALITY WATERS (HQW) AND OUTSTANDING RESOURCE WATERS (ORW) The purpose of this Rule is to minimize the impact of stormwater runoff from development on the water quality of surface waters and to protect their designated best usages in man…

15A NCAC 02H .1022 Reserved for future codification

15A NCAC 02H .1023 Reserved for future codification

15A NCAC 02H .1024 Reserved for future codification

15A NCAC 02H .1025 Reserved for future codification

15A NCAC 02H .1026 Reserved for future codification