North Carolina Administrative Code

15A NCAC 02H .1027 Reserved for future codification

15A NCAC 02H .1028 Reserved for future codification

15A NCAC 02H .1029 Reserved for future codification

15A NCAC 02H .1030 Stormwater Requirements: Oil and Gas exploration and production (a) Regulated Development Activity. Persons engaged in oil and gas exploration, development, and production activities shall manage stormwater runoff in accordance with the provisions of this Rule.…

15A NCAC 02H .1040 PERMIT ADMINISTRATION This Rule applies to the permitting processes set forth in Rules .1041 through .1045 of this Section. (1) SIGNATURES ON PERMIT APPLICATION FORMS. Application forms shall have an original signature by one of the following entities unless th…

15A NCAC 02H .1041 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 covered in this Section. Each of the general permits shall be issued …

15A NCAC 02H .1042 STANDARD PERMITTING PROCESS This Rule contains the requirements for the application, review, issuance, and denial of state stormwater management permits under the standard permitting process. (1) APPLICABILITY. This rule applies to: (a) any person seeking to pe…

15A NCAC 02H .1045 REQUIREMENTS FOR PERMIT TRANSFERS AND PERMIT RENEWALS This Rule contains the requirements for the transfer and renewal of State stormwater management permits that have been issued by the Division, including those issued under the standard and fast-track permitt…

15A NCAC 02H .1050 MDC FOR ALL STORMWATER CONTROL MEASURES The purpose of this Rule is to set forth the design requirements for all Stormwater Control Measures (SCMs) that are constructed to meet the requirements of this Section. These Minimum Design Criteria (MDC) are required f…

15A NCAC 02H .1051 MDC FOR INFILTRATION SYSTEMS The purpose of this Rule is to set forth the design requirements for infiltration systems that are constructed to meet the requirements of this Section. (1) SOIL INVESTIGATION. A site-specific soil investigation shall be performed t…

15A NCAC 02H .1052 MDC FOR BIORETENTION CELLS The purpose of this Rule is to set forth the design requirements for bioretention cells that are constructed to meet the requirements of this Section. (1) SEPARATION FROM THE SHWT. The lowest point of the bioretention cell shall be a …

15A NCAC 02H .1053 MDC FOR WET PONDS The purpose of this Rule is to set forth the design requirements for wet ponds that are constructed to meet the requirements of this Section. (1) MAIN POOL SURFACE AREA AND VOLUME. The main pool of the wet pond shall be sized using either: (a)…

15A NCAC 02H .1054 MDC FOR STORMWATER WETLANDS The purpose of this Rule is to set forth the design requirements for stormwater wetlands that are constructed to meet the requirements of this Section. (1) TEMPORARY PONDING DEPTH. The ponding depth for the design volume shall be a m…

15A NCAC 02H .1055 MDC FOR PERMEABLE PAVEMENT The purpose of this Rule is to set forth the design requirements for permeable pavement systems that are constructed to meet the requirements of this Section. (1) SOIL INVESTIGATION. For infiltrating pavement systems, site-specific so…

15A NCAC 02H .1056 MDC FOR SAND FILTERS The purpose of this Rule is to set forth the design requirements sand filters that are constructed to meet the requirements of a State post-construction stormwater program. (1) SHWT SEPARATION. The minimum separation between the lowest poin…

15A NCAC 02H .1057 MDC FOR RAINWATER HARVESTING The purpose of this Rule is to set forth the design requirements for rainwater harvesting systems that are constructed to meet the requirements of this Section. (1) MAJOR COMPONENTS OF A RAINWATER HARVESTING SYSTEM. Rainwater harves…

15A NCAC 02H .1058 MDC FOR GREEN ROOFS The purpose of this Rule is to set forth the design requirements for green roofs that are constructed to meet the requirements of this Section. (1) MEDIA SPECIFICATION. The maximum organic fraction of the media shall be 10 percent by volume.…

15A NCAC 2H .1059 MDC FOR LEVEL SPREADER-FILTER STRIPS The purpose of this Rule is to set forth the design requirements for level spreader-filter strips that are constructed to meet the requirements of this Section. (1) LEVEL SPREADER LENGTH. The level spreader shall be a minimum…

15A NCAC 02H .1060 MDC FOR DISCONNECTED IMPERVIOUS SURFACES The purpose of this Rule is to set forth the design requirements for disconnected impervious surfaces that are constructed to meet the requirements of this Section. (1) VEGETATED RECEIVING AREA FOR DISCONNECTED ROOFS. Th…

15A NCAC 02H .1061 MDC FOR TREATMENT SWALES The purpose of this Rule is to set forth the design requirements for treatment swales that are constructed to meet the requirements of this Section. Vegetated conveyances that are designed to convey stormwater from a project but are not…

15A NCAC 02H .1062 MDC FOR DRY PONDS The purpose of this Rule is to set forth the design requirements for dry ponds that are constructed to meet the requirements of this Section. (1) SEPARATION FROM THE SHWT. The lowest point of the dry pond shall be a minimum of six inches above…

SECTION .1100 - BIOLOGICAL LABORATORY CERTIFICATION 15A NCAC 02H .1101 PURPOSE These Rules set forth the requirements for certification of commercial, industrial, and public laboratories to perform biological toxicity testing and aquatic population surveys of water and wastewater…

15A NCAC 02H .1102 SCOPE History Note: Authority G.S. 143-215.3(a)(1); 143-215.3(a)(10); 143-215.66; Eff. October 1, 1988; Repealed Eff. July 1, 2019.

15A NCAC 02H .1103 DEFINITIONS The following terms as used in this Section shall have the assigned meaning: (1) "Approved Procedure" means an analytical procedure developed by the State Laboratory based upon 40 CFR 136.3 and subject to G.S. 143, Article 21, Part 1. A link to the …

15A NCAC 02H .1104 FEES ASSOCIATED WITH CERTIFICATION PROGRAM (a) Certification Fees: (1) The first category, as set forth in Rule .1105 of this Section, shall be certified at a cost of five hundred dollars ($500.00) per year. Additional categories, shall be certified at a cost o…

15A NCAC 02H .1105 CERTIFICATION (a) Commercial, public, and industrial laboratories shall obtain certification from the Division for biological parameters that are required to be reported pursuant to G.S. 143, Article 21, Part 1. (b) For the purposes of certification and setting…

15A NCAC 02H .1106 DECERTIFICATION (a) The Director or the Director's designee may revoke the entire laboratory certification for: (1) failing to maintain the facilities, records, personnel, equipment, or a quality assurance program as required by these Rules; (2) submitting inac…

15A NCAC 02H .1107 RECERTIFICATION (a) A laboratory decertified for any reason other than the submittal of falsified data reports or other information shall be recertified after 30 days upon demonstrating to the State Laboratory that all deficiencies have been corrected. (b) In t…

15A NCAC 02H .1108 RECIPROCITY (a) Laboratories certified by other states or federal programs shall be given reciprocal certification if the programs meet the requirements of these Rules. In requesting certification through reciprocity, laboratories shall include with the applica…

15A NCAC 02H .1109 ADMINISTRATION (a) Appeals. If the Director or the Director's delegate denies certification, or decertifies a laboratory, the laboratory may appeal pursuant to G.S. 150B, Article 3. (b) The State Laboratory shall maintain a current list of certified commercial,…

15A NCAC 02H .1110 IMPLEMENTATION (a) Each laboratory requesting State certification, certification renewal, or recertification shall apply to the Division. Each application shall be reviewed to determine if personnel, equipment, records, quality control procedures, and methodolo…

15A NCAC 02H .1111 biological laboratory certification and quality assurance (a) Aquatic Toxicology Laboratories shall have the following laboratory resources: (1) 200 square feet of laboratory space; (2) 20 linear feet of laboratory bench space; (3) one drained sink with hot and…

SECTION .1200 - SPECIAL ORDERS 15A NCAC 02H .1201 PURPOSE The purpose of this Section is to implement the provisions of G.S. 143-215.2 pertaining to the issuance of surface water and ground water Special Orders by the Environmental Management Commission. History Note: Authority G…

15A NCAC 02H .1202 DEFINITIONS The terms used in this Section shall be as defined in G.S. 143-212 and G.S. 143-213. Other terms used in this Section are defined as follows: (1)" Consent Order" or "Special Order by Consent" means a type of Special Order where the Commission enters…

15A NCAC 02H .1203 PUBLIC NOTICE (a) The Director shall provide notice of a proposed Consent Order in accordance with G.S. 143-215.2(a1)(1). The notice shall include the following information: (1) name, address, and phone number of the agency issuing the public notice; (2) name a…

15A NCAC 02H .1204 FINAL ACTION ON SPECIAL ORDERS BY CONSENT The Director shall take final action in accordance with G.S. 143-215.2(a1)(4) on Special Orders by Consent in those cases where a public meeting is not held as provided in G.S. 143-215.2(a1)(2). History Note: Authority …

15A NCAC 02H .1205 ACTION ON SPECIAL ORDERS ISSUED WITHOUT CONSENT The Commission may issue a proposed Special Order without the consent of the person affected. The Commission shall notify the affected person of the procedure set out in G.S. 150B-23 to contest the proposed Specia…

15A NCAC 02H .1206 WATER QUALITY SPECIAL ORDERS BY CONSENT (a) Applications for Water Quality Special Orders by Consent: (1) A person that accepts responsibility for causing or contributing to pollution of the waters of the State may apply for a Special Order by Consent (Order, o…

SECTION .1300 – DISCHARGES TO ISOLATED WETLANDS AND ISOLATED WATERS 15A NCAC 02H .1301 SCOPE AND PURPOSE (a) The provisions of this Section shall apply to Division of Water Resources (Division) regulatory and resource management determinations regarding isolated wetlands and isol…

15A NCAC 02H .1302 FILING APPLICATIONS (a) Any person needing issuance of an individual permit or Certificate of Coverage under a general permit for discharges resulting from activities that affect isolated classified surface waters or isolated wetlands shall file with the Direct…

15A NCAC 02H .1303 PUBLIC NOTICE AND PUBLIC HEARING (a) The Division shall provide public notice for proposed general permits. 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: https://de…

15A NCAC 02H .1304 DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE (a) The Director shall issue the permit or Certificate of Coverage, deny the application, provide notice of hearing pursuant to Rule .1303 of this Section, or request additional information within …

15A NCAC 02H .1305 REVIEW OF APPLICATIONS (a) DISCHARGES FROM ACTIVITIES DEEMED TO BE PERMITTED. The following activities shall be deemed to be permitted: (1) Discharges resulting from activities that impact less than 1/2 acre of isolated classified surface waters for the entire …

15A NCAC 02H .1306 SOIL SERIES History Note: Authority G.S. 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(c); S.L. 2014-120, s. 54; S.L. 2015-286, s. 4.18; Eff. June 15, 2020; Expired Eff. November 1, 2024 pursuant to G.S. 150B-21.3A.

SECTION .1400 – DISCHARGES TO Federally Non-jurisdictional WETLANDS AND federally Non-jurisdictional CLASSIFIED SURFACE WATERS 15A NCAC 02H .1401 SCOPE AND PURPOSE History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b)(3); 143-215.3(a)(1); 143-215.3(c); Temporary Adoption Eff…

15A NCAC 02H .1402 FILING APPLICATIONS History Note: Authority G.S. 143-214.1; 143-215.1(a)(6); 143-215.3(a)(1); Temporary Adoption Eff. May 28, 2021; Temporary Rule Expired Eff. October 3, 2023.

15A NCAC 02H .1403 PUBLIC NOTICE AND PUBLIC HEARING History Note: Authority G.S. 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(a)(1e); 143-215.3(a)(3); 143-215.3(c); Temporary Adoption Eff. May 28, 2021; Temporary Rule Expired Eff. October 3, 2023.

15A NCAC 02H .1404 DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE History Note: Authority G.S. 143-215.1(a)(6); 143-215.1(b); 143-215.3(a)(1); 143-215.3(c); Temporary Adoption Eff. May 28, 2021; Temporary Rule Expired Eff. October 3, 2023.

15A NCAC 02H .1405 REVIEW OF APPLICATIONS History Note: Authority G.S. 143-211(c); 143-214.7C; 143-215.1(a)(6); 143-215.3(a)(1); 143-215.3(c); Temporary Adoption Eff. May 28, 2021; Temporary Rule Expired Eff. October 3, 2023.

SUBCHAPTER 02I - HEARINGS SECTION .0100 - SCOPE: DEFINITIONS: DELEGATIONS 15A NCAC 02I .0101 PURPOSE OF THIS SUBCHAPTER In instances where Rules related to hearings conducted by a Division are not codified, these Rules authorize the designation of employees of the Department as h…