North Carolina Administrative Code

15A NCAC 02N .0702 INITIAL RESPONSE The regulations governing "Initial response" set forth in 40 CFR 280.61 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that the words "or within another reasonable period of time determined by the…

15A NCAC 02N .0703 INITIAL ABATEMENT MEASURES AND SITE CHECK The regulations governing "Initial abatement measures and site check" set forth in 40 CFR 280.62 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1) 40 CFR 280.62(a)(…

15A NCAC 02N .0704 INITIAL SITE CHARACTERIZATION The regulations governing "Initial site characterization" set forth in 40 CFR 280.63 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that in 40 CFR 280.63(b) the words "or another reas…

15A NCAC 02N .0705 FREE PRODUCT REMOVAL The regulations governing "Free product removal" set forth in 40 CFR 280.64 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); Eff. Janua…

15A NCAC 02N .0706 INVESTIGATIONS FOR SOIL AND GROUNDWATER CLEANUP The regulations governing "Investigations for soil and groundwater cleanup" set forth in 40 CFR 280.65 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authorit…

15A NCAC 02N .0707 CORRECTIVE ACTION PLAN The regulations governing "Corrective action plan" set forth in 40 CFR 280.66 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that 40 CFR 280.66(a) shall read: "After reviewing the informatio…

15A NCAC 02N .0708 PUBLIC PARTICIPATION The regulations governing "Public participation" set forth in 40 CFR 280.67 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); Eff. Janua…

SECTION .0800 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE 15A NCAC 02N .0801 TEMPORARY CLOSURE The regulations governing "Temporary closure" set forth in 40 CFR 280.70 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S…

15A NCAC 02N .0802 PERMANENT CLOSURE AND CHANGES-IN-SERVICE The regulations governing "Permanent closure and changes-in-service" set forth in 40 CFR 280.71 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that an UST system containing…

15A NCAC 02N .0803 ASSESSING THE SITE AT CLOSURE OR CHANGE-IN-SERVICE The regulations governing "Assessing the site at closure or change-in-service" set forth in 40 CFR 280.72 are hereby incorporated by reference, excluding any subsequent amendments and editions, except that: (1)…

15A NCAC 02N .0804 APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS The regulations governing "Applicability to previously closed UST systems" set forth in 40 CFR 280.73 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority …

15A NCAC 02N .0805 CLOSURE RECORDS The regulations governing "Closure records" set forth in 40 CFR 280.74 are hereby incorporated by reference, excluding any subsequent amendments and editions. History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); Eff. January 1, 1991…

SECTION .0900 - PERFORMANCE STANDARDS FOR UST SYSTEM OR UST SYSTEM COMPONENT INSTALLATION OR REPLACEMENT COMPLETED ON OR AFTER NOVEMBER 1, 2007 15A NCAC 02N .0901 general requirements (a) This Section applies to a UST system or UST system component installation or replacement com…

15A NCAC 02N .0902 NOTIFICATION (a) Owners and operators shall provide notification of installation or replacement of an UST system, UST, or connected piping to the Division in accordance with Rule .0303 of this Subchapter. The notice shall also include: (1) An UST system design.…

15A NCAC 02N .0903 TANKS (a) Tanks shall be protected from external corrosion in accordance with 40 CFR 280.20(a)(1), (2), (3), or (5). (b) Owners and operators of tanks installed in accordance with 40 CFR 280.20(a)(2) shall comply with all applicable requirements for corrosion p…

15A NCAC 02N .0904 PIPING (a) Piping, with the exception of flexible connectors and piping connections, shall be pre-fabricated with double-walled construction. Any flexible connectors or piping connections that do not have double-walled construction shall be installed in contain…

15A NcAC 02N .0905 CONTAINMENT SUMPS (a) Containment sumps shall be constructed of non-corroding materials. (b) Containment sumps shall be designed and manufactured expressly for the purpose of containing and detecting a release. (c) Containment sumps shall be designed, construct…

15A NCAC 02N .0906 SPILL BUCKETS (a) Spill buckets shall be pre-fabricated with double-walled construction. (b) Spill buckets shall be protected from corrosion by being constructed of non-corroding materials. (c) Spill buckets shall be designed, constructed, installed, and mainta…

15A NCAC 02N .0907 NATIONAL CODES OF PRACTICE AND INDUSTRY STANDARDS In order to comply with this Section, owners and operators shall comply with the following standards: (1) The most recent versions of the following national codes of practice and industry standards applicable at…

SECTION .1000 – UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS 15A NCAC 02N .1001 DEFINITIONS The regulations governing "UST systems with field-constructed tanks and airport hydrant fuel distribution systems" set forth in 40 CFR 280.250 (Su…

15A NCAC 02N .1002 GENERAL REQUIREMENTS The regulations governing "General Requirements" set forth in 40 CFR 280.251 (Subpart K) are hereby incorporated by reference. History Note: Authority G.S. 143-215.3(a)(15); 143B-282(a)(2)(h); 150B-21.6; Eff. June 1, 2017.

15A NCAC 02N .1003 ADDITIONS, EXCEPTIONS, AND ALTERNATIVES FOR UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS The regulations governing "Additions, exceptions, and alternatives for UST systems with field-constructed tanks and airport hydrant systems" set for…

SUBCHAPTER 02O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS SECTION .0100 - GENERAL CONSIDERATIONS 15A NCAC 02O .0101 GENERAL (a) Owners and operators of underground storage tank systems that are subject to regulation pursuant to 4…

15A NCAC 02O .0102 Financial Responsibility The governing Federal Regulations set forth below are hereby incorporated by reference, excluding any subsequent amendments and editions. Copies may be obtained at www.ecfr.gov/cgi-bin/ECFR?page=browse at no cost. (1) 40 CFR 280.90, "Ap…

15A NCAC 02O .0103 SUBSTITUTED SECTIONS History Note: Authority G.S. 143-215.94H; 143-215.94T; 150B-21.6; Eff. July 1, 1992; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018; Repealed Eff. January 1, 2021.

15A NCAC 02O .0203 DEFINITIONS (a) The definitions in 40 CFR 280.92 are hereby incorporated by reference, except as modified below. The federal regulation may be accessed at www.ecfr.gov/cgi-bin/ECFR?page=browse at no charge. (1) "Director of the Implementing Agency" shall mean t…

15A NCAC 02O .0204 AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY (a) Pursuant to G.S. 143-215.94H(a)(2), owners or operators shall maintain evidence of financial responsibility for taking corrective action and for compensating third parties for bodily injury and property …

SECTION .0300 - ASSURANCE MECHANISMS 15A NCAC 02O .0301 ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS History Note: Authority G.S. 143-215.94H; 150B-21.6; Eff. July 1, 1992; Repealed Eff. January 1, 2021.

15A NCAC 02O .0302 SELF INSURANCE (a) An owner, operator, or guarantor may meet the financial responsibility requirements by passing the financial test specified in Paragraph (b) of this Rule. (b) An owner, operator or guarantor, individually or collectively, shall meet the follo…

15A NCAC 02O .0303 GUARANTEE History Note: Authority G.S. 143-215.94H; 150B-21.6; Eff. July 1, 1992; Repealed Eff. January 1, 2021.

15A NCAC 02O .0304 INSURANCE AND RISK RETENTION GROUP COVERAGE 40 CFR 280.97 entitled "Insurance and Risk Retention Group Coverage" is incorporated by reference, excluding any subsequent amendments and editions, except that "licensed to transact the business of insurance or eligi…

15A NCAC 02O .0308 INSURANCE POOLS (a) Insurance pools established by owners and operators may be used alone or in combination to demonstrate financial assurance in accordance with Rule .0204 of this Subchapter. (b) To be an eligible mechanism for demonstrating financial assuranc…

SECTION .0400 - RESPONSIBILITIES OF OWNERS AND OPERATORS 15A NCAC 02O .0401 REPORTING BY OWNER OR OPERATOR History Note: Authority G.S. 143-215.94H; 150B-21.6; Eff. July 1, 1992; Repealed Eff. January 1, 2021.

15A NCAC 02O .0402 RECORD KEEPING (a) 40 CFR 280.111 entitled "Record Keeping" is incorporated by reference, excluding subsequent amendments and editions. This document may be accessed at www.ecfr.gov/cgi-bin/ECFR?page=browse at no charge. (b) In addition to the requirements inco…

15A NCAC 02O .0503 INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF ASSURANCE (a) 40 CFR 280.114 entitled "Bankruptcy or Other Incapacity of Owner or Operator or Provider of Financial Assurance is incorporated by reference, excluding subsequent amendments and editions. This documen…

15A NCAC 02O .0504 REPLENISHMENT (a) 40 CFR 280.115 entitled "Replenishment of Guarantees, Letters of Credit, or Surety Bonds" is incorporated by reference, excluding subsequent amendments and editions. This document may be accessed at www.ecfr.gov/cgi-bin/ECFR?page=browse at no …

SUBCHAPTER 02P - Commercial LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP Fund SECTION .0100 - GENERAL CONSIDERATIONS 15A NCAC 02P .0101 GENERAL (a) This Subchapter establishes criteria and procedures for the reimbursement of costs incurred by owners, operators, and landowne…

15A NCAC 02P .0102 COPIES OF RULES INCORPORATED BY REFERENCE History Note: Authority G.S. 12-3.1(c); 143-215.3; 143-215.94L; 143-215.94T; 143B-282; 150B-21.6; Eff. February 1, 1993; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2…

15A NCAC 02P .0103 FALSE OR MISLEADING INFORMATION If any owner, operator, landowner, or authorized agent knowingly submits any false or misleading information with regard to the rules of this Subchapter, and if the false or misleading information results in delay of any efforts …

SECTION .0200 - PROGRAM SCOPE 15A NCAC 02P .0201 APPLICABILITY (a) This Subchapter shall apply to the disbursement of funds from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund and to the collection of annual operating fees. (b) Any portions of this Subchap…

15A NCAC 02P .0202 DEFINITIONS (a) The definitions in 15A NCAC 02N .0203 apply for purposes of this Subchapter, except the definition of "Underground Storage Tank" shall be as defined in Subparagraph (b)(12) of this Rule. (b) The following terms are defined for use in this Subcha…

SECTION .0300 - ANNUAL OPERATING FEES 15A NCAC 02P .0301 FEES AND PAYMENT The owner or operator of each commercial underground storage tank shall pay all annual operating fees due for that commercial underground storage tank in accordance with G.S. 143-215.94C. Unpaid operating f…

15A NCAC 02P .0302 NOTIFICATION Any person acquiring ownership of an existing commercial underground storage tank shall provide written notification to the Department of this action within 30 days of the date of transfer. This notification shall indicate the following: (1) name a…

SECTION .0400 - REIMBURSEMENT PROCEDURE 15A NCAC 02P .0401 ELIGIBILITY OF OWNER OR OPERATOR (a) Date of Release. (1) An owner, operator, or landowner of a commercial underground storage tank is not eligible for reimbursement of costs from the Commercial Leaking Petroleum Undergro…

15A NCAC 02P .0402 CLEANUP COSTS (a) In determining whether costs expended by an owner, operator, or landowner are reasonable and necessary, the Department shall consider the following: (1) adequacy and cost-effectiveness of any work performed, and technical activity utilized by …

15A NCAC 02P .0403 THIRD-PARTY CLAIMS (a) An owner, operator, or landowner seeking reimbursement from the Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund for any third-party claim for bodily injury or property damage shall notify the Department of any such clai…

15A NCAC 02P .0404 REQUESTS FOR REIMBURSEMENT (a) An owner, operator, or landowner may make a request for reimbursement only after the Department has determined that they are eligible for reimbursement. The reimbursement request shall include the following information, submitted …

15A NCAC 02P .0405 METHOD OF REIMBURSEMENT (a) Reimbursement for cleanup costs shall be made only to an eligible owner, operator, or landowner of a petroleum underground storage tank, or jointly to an owner, operator, or landowner and a provider of service. (b) Reimbursement of c…

15A NCAC 02P .0406 APPORTIONMENT (a) If any of the underground storage tanks at a single facility contributing to a discharge or release which resulted in a single plume of soil, surface water, or groundwater contamination pursuant to G.S. 143-215.94B(b1) are not eligible for rei…

15A NCAC 02P .0407 appeal rights (a) The Director, Underground Storage Tank Section Chief, or Trust Fund Branch Head of the Division of Waste Management shall make the agency decision on a written application for eligibility for reimbursement from the Commercial Leaking Petroleum…