North Carolina Administrative Code

15A NCAC 02K .0503 REQUIRED MINIMUM FLOW FOR SMALL HYDROELECTRIC PROJECTS (a) This Rule shall apply only to a dam operated by a small power producer, as defined in G.S. 62-3(27a), that diverts water from 4,000 feet or less of the natural stream bed. The length of the bypassed rea…

15A NCAC 02K .0504 MONITORING OF MINIMUM FLOW REQUIREMENTS (a) An owner of a dam with a minimum flow requirement greater than 1.0 cfs shall install, calibrate, and maintain one or more stream staff gages following procedures described in U.S. Geological Survey Water Supply Paper …

SUBCHAPTER 02L - GROUNDWATER CLASSIFICATION AND STANDARDS SECTION .0100 - GENERAL CONSIDERATIONS 15A NCAC 02L .0101 Purpose (a) N.C. General Statute 143-214.1 directs that the Commission develop and adopt, after proper study, a series of classifications and standards which will b…

15A NCAC 02L .0102 DEFINITIONS The definition of any word or phrase used in the Rules in this Subchapter shall be the same as given in G.S. 143-212 and G.S. 143-213 except that the following words and phrases shall have the following meanings: (1) "Active remediation" means corre…

15A NCAC 02L .0103 POLICY (a) The rules established in this Subchapter are intended to maintain and preserve the quality of the groundwaters, prevent and abate pollution and contamination of the waters of the State, protect public health, and permit management of the groundwaters…

15A NCAC 02L .0104 RESTRICTED DESIGNATION (a) The restricted designation (RS) means that groundwater may not be suitable for use as a drinking water supply without treatment. (b) Upon application by a responsible party, the Director is authorized to apply the RS to GA or GSA grou…

15A NCAC 02L .0105 ADOPTION BY REFERENCE History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Repealed Eff. August 1, 1989.

15A NCAC 02L .0106 INITIAL RESPONSE, SITE ASSESSMENT, AND CORRECTIVE ACTION (a) Where groundwater quality has been degraded, the required corrective action shall be restoration to the level of the standards, or as closely thereto as is economically and technologically feasible in…

15A NCAC 02L .0107 COMPLIANCE BOUNDARY (a) For disposal systems individually permitted prior to December 30, 1983, the compliance boundary shall be established at a horizontal distance of 500 feet from the waste boundary or at the property boundary, whichever is closer to the sou…

15A NCAC 02L .0108 REVIEW BOUNDARY A review boundary is established around any waste disposal area half way between the compliance boundary and the waste boundary. When the concentration of any substance equals or exceeds the standard at the review boundary as determined by monit…

15A NCAC 02L .0109 DELEGATION (a) The Director is delegated the authority to enter into consent special orders under G.S. 143-215.2 for violations of the standards except when a public meeting is required as provided in 15A NCAC 02H .1203. (b) The Director is delegated the author…

15A NCAC 02L .0110 MONITORING (a) Except where exempted by statute or this Subchapter, the Director may require any person who causes, permits, or has control over any discharge of waste or cleanup program, to implement a monitoring program in such detail as required to evaluate …

15A NCAC 02L .0111 REPORTS (a) Any person subject to the requirements in Rule .0106 of this Section shall submit to the Director, plans or reports including those associated with initial response, site assessment, and corrective action. Reports shall be submitted in accordance wi…

15A NCAC 02L .0112 ANALYTICAL PROCEDURES Tests or analytical procedures to determine compliance or noncompliance with the standards established in Rule .0202 of this Subchapter shall be in accordance with 15A NCAC 02H .0805(a)(1). History Note: Authority G.S. 143-215.3(a)(1); 143…

15A NCAC 02L .0113 VARIANCE (a) The Commission, on its own initiative or pursuant to a request under G.S. 143-215.3(e), may grant variances to the rules of this Subchapter. (b) Requests for variances are submitted by the applicant to the Commission. The application shall be submi…

15A NCAC 02L .0114 NOTIFICATION REQUIREMENTS (a) Any person subject to the requirements of Rule .0106(c) or (e) of this Section shall submit to the local health director and the chief administrative officer of the jurisdictions in which the groundwater contamination has occurred,…

15A NCAC 02L .0115 RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1; Temporary Adoption Eff…

SECTION .0200 - CLASSIFICATIONS AND GROUNDWATER QUALITY STANDARDS 15A NCAC 02L .0201 GROUNDWATER CLASSIFICATIONS The classifications which may be assigned to the groundwaters will be those specified in the following series of classifications: (1) Class GA groundwaters; usage and …

15A NCAC 02L .0202 GROUNDWATER QUALITY STANDARDS (a) The groundwater quality standards for the protection of the groundwaters of the State are those specified in this Rule. They are the maximum allowable concentrations resulting from any discharge of contaminants to the land or w…

SECTION .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS 15A NCAC 02L .0301 CLASSIFICATIONS: GENERAL (a) Schedule of Classifications. The classifications are based on the quality, occurrence and existing or contemplated best usage of the groundwaters as established in Sect…

15A NCAC 02L .0302 STATEWIDE The classifications assigned to the groundwaters located within the boundaries or under the extraterritorial jurisdiction of the State of North Carolina are: (1) Class GA Waters. Those groundwaters in the state naturally containing 250 mg/l or less of…

15A NCAC 02L .0303 BROAD RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public inte…

15A NCAC 02L .0304 CAPE FEAR RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …

15A NCAC 02L .0305 CATAWBA RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public in…

15A NCAC 02L .0306 CHOWAN RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public int…

15A NCAC 02L .0307 FRENCH BROAD RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive publ…

15A NCAC 02L .0308 HIWASSEE RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public i…

15A NCAC 02L .0309 LITTLE TENNESSEE RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive …

15A NCAC 02L .0310 SAVANNAH RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public i…

15A NCAC 02L .0311 LUMBER RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public int…

15A NCAC 02L .0312 NEUSE RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public inte…

15A NCAC 02L .0313 NEW-WATAUGA RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive publi…

15A NCAC 02L .0314 PASQUOTANK RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public…

15A NCAC 02L .0315 ROANOKE RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public in…

15A NCAC 02L .0316 TAR PAMLICO RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive publi…

15A NCAC 02L .0317 WHITE OAK RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …

15A NCAC 02L .0318 YADKIN-PEE DEE RIVER BASIN No classification assignments other than those specified in Rule .0302 are made for the river basin. History Note: Authority G.S. 143-214.1; Eff. December 30, 1983; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive pu…

15A NCAC 02L .0319 RECLASSIFICATION The groundwater classifications as assigned may be revised by the Commission following public notice and subsequent public hearing. Changes may be to a higher or lower classification. Reclassification requests may be submitted to the Director. …

SECTION .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS 15A NCAC 02L .0401 Purpose (a) The purpose of this Section is to establish procedures for risk-based assessment and corrective action sufficient to: (1) protect human health and th…

15A NCAC 02L .0402 Definitions The definitions as set out in Rule .0102 of this Subchapter shall apply to this Section. History Note: Authority G.S. 143-215.2; 143-215.3(a)(1); 143-215.94A; 143-215.94E; 143-215.94T; 143-215.94V; 143B-282; 1995 (Reg. Sess. 1996) c. 648,s. 1; Eff. …

15A NCAC 02L .0403 Rule application This Section shall apply to any discharge or release from a "commercial underground storage tank" or a "noncommercial underground storage tank," as those terms are defined in G.S. 143-215.94A, that is reported on or after January 2, 1998. The r…

15A NCAC 02L .0404 REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY (a) Upon a discharge or release of petroleum from a commercial underground storage tank the responsible party shall: (1) take action to prevent all further discharge or release of petroleum from the underg…

15A NCAC 02L .0405 REQUIREMENTS FOR LIMITED SITE ASSESSMENT (a) If the required showing for a commercial underground storage tank cannot be made or if the Department determines that a release from a noncommercial underground storage tank represents an unacceptable risk under Rule…

15A NCAC 02L .0406 DISCHARGE OR RELEASE CLASSIFICATIONS The Department shall classify the risk of each known discharge or release as high, intermediate, or low risk unless the discharge or release has been classified under Rule .0404(a)(3) or (c) of this Section. For purposes of …

15A NCAC 02L .0407 Reclassification of risk levels (a) Each responsible party shall have the continuing obligation to notify the Department of any changes that may affect the level of risk assigned to a discharge or release by the Department if the change is known or should be kn…

15A NCAC 02L .0408 ASSESSMENT AND REMEDIATION PROCEDURES Assessment and remediation of soil contamination shall be addressed as follows: (1) At the time that the Department determines the risk posed by the discharge or release, the Department shall also determine, based on site-s…

15A NCAC 02L .0409 NOTIFICATION REQUIREMENTS (a) A responsible party who submits a corrective action plan that proposes natural attenuation, to cleanup groundwater contamination to a standard other than a standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil …

15A NCAC 02L .0410 departmental listing of discharges or releases The Department shall maintain in each of the Department's regional offices a list of all petroleum underground storage tank discharges or releases discovered and reported to the Department within the region on or a…

15A NCAC 02L .0411 establishing maximum soil contamination concentrations The Department shall publish on the Department website and annually revise maximum soil contaminant concentrations to be used as soil cleanup levels for contamination from petroleum underground storage tank…

15A NCAC 02L .0412 analytical procedures for soil samples (a) Analytical procedures for soil samples required under this Section shall be methods accepted by the US EPA as suitable for determining the presence and concentration of petroleum hydrocarbons for the type of petroleum …