North Carolina Administrative Code

SECTION .0200 - BASINWIDE RESTORATION PLANS 15A NCAC 02R .0201 PURPOSE History Note: Authority G.S. 143-214.10; 143-215.3; Eff. August 1, 1998; Amended Eff. July 3, 2008; Repealed Eff. March 1, 2018.

15A NCAC 02R .0202 COMPONENTS Each Basinwide Restoration Plan shall consist of the following components conducted by DMS staff and contractors: (1) an assessment of the baseline aquatic resource functions within each 8-digit cataloging unit; (2) an assessment of the potential fun…

15A NCAC 02R .0203 PUBLIC INVOLVEMENT; AVAILABILITY (a) The Secretary or the Secretary's designee shall provide interested parties an opportunity to review and comment on the proposed Basinwide Restoration Plans. (b) The Basinwide Restoration Plans shall be available for review t…

SECTION .0300 - COMPENSATORY MITIGATION 15A NCAC 02R .0301 GENERAL All projects implemented for the purpose of satisfying compensatory mitigation requirements of certifications issued by the Department under 33 U.S.C. Section 1341 and permits or authorizations issued by the Unite…

15A NCAC 02R .0302 MITIGATION BANKS All sponsors of mitigation banks that submit a prospectus to the United States Army Corps of Engineers after the effective date of this Rule shall provide the Secretary or the Secretary's designee documentation that the proposed mitigation bank…

SECTION .0400 - ECOSYSTEM RESTORATION FUND 15A NCAC 02R .0401 PURPOSE History Note: Authority G.S. 143-214.11; 143-214.12; 143-215.3; Eff. August 1, 1998; Amended Eff. July 3, 2008; Repealed Eff. March 1, 2018.

15A NCAC 02R .0402 RATE SCHEDULE - STREAM AND WETLAND RATES FOR THE NC DIVISION OF MITIGATION SERVICES (a) For the purposes of this Rule: (1) "cost" or "costs" shall mean the NC Division of Mitigation Services In-Lieu Fee Mitigation Program's costs associated with stream or wetla…

15A NCAC 02R .0403 DONATION OF PROPERTY (a) If approved by the Council of State, donations or dedications of interests in real property for the purposes of restoration, enhancement, or preservation may be accepted by the Secretary or the Secretary's designee if the property is co…

SECTION .0600 – RIPARIAN BUFFER RESTORATION FUND 15A NCAC 02R .0601 RIPARIAN BUFFER MITIGATION FEES TO THE NC DIVISION OF MITIGATION SERVICES (a) For the purposes of this Rule: (1) "cost" or "costs" shall mean the NC Division of Mitigation Services In-Lieu Fee Mitigation Program'…

15A NCAC 02R .0602 NUTRIENT OFFSET PAYMENT RATES FOR THE nc Division of mitigation services (a) For the purposes of this Rule, the term "cost" or "costs" means the costs of the NC Division of Mitigation Services, hereinafter in this Rule the "Program," associated with nutrient of…

SUBCHAPTER 02S – RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND SECTION .0100 – GENERAL CONSIDERATIONS 15a NCAC 02S .0101 scope and purpose The purpose of this Subchapter is to establish the criteria for determining eligibility for certificatio…

15A NCAC 02S .0102 DEFINITIONS The definition of any word or phrase used in this Subchapter shall be the same as given in G.S. 143-215.104B and the following words and phrases shall have the following meanings: (1) "Act" means the Dry-Cleaning Solvent Cleanup Act of 1997. (2) "Ap…

15A NCAC 02S .0103 CALCULATION OF FULL TIME EQUIVALENT EMPLOYMENT (a) This Rule governs the calculation of the number of full-time equivalent employees employed by a person who owns a dry-cleaning facility. For the purposes of this Rule, the person who owns the dry-cleaning facil…

SECTION .0200 – MINIMUM MANAGEMENT PRACTICES 15A NCAC 02S .0201 APPLICABILITY The provisions contained in this Section set forth the minimum management practices for the storage and handling of dry-cleaning solvents required to be implemented at all dry-cleaning facilities, dry-c…

15A NCAC 02S .0202 REQUIRED MINIMUM MANAGEMENT PRACTICES (a) No abandoned sites shall use underground storage tanks for solvents or waste. (b) All dry-cleaning facilities and wholesale distribution facilities shall comply with the following minimum management practices: (1) At no…

SECTION .0300 - PETITIONS FOR CERTIFICATION 15A NCAC 02S .0301 FILING (a) Any potentially responsible party petitioning for certification of a facility site shall file a petition with the Division using the DSCA Petitioner Questionnaire Form provided by the Division. The petition…

15A NCAC 02S .0302 OTHER POTENTIALLY RESPONSIBLE PARTIES (a) After receiving a petition, the Division may notify other potentially responsible parties that a petition has been filed. (b) The Division may request from any potentially responsible party that has not petitioned for c…

SECTION .0400 – ASSESSMENT AGREEMENTS 15A NCAC 02S .0401 PRIORITIZATION ASSESSMENT History Note: Authority G.S. 143-215.104D(b); 150B-21.2; Temporary Adoption Eff. June 1, 2001; Eff. August 1, 2002; Repealed Eff. September 1, 2007.

SECTION .0500 – RISK-BASED CORRECTIVE ACTION 15A NCAC 02S .0501 PURPOSE AND APPLICABILITY The purpose of this Section is to establish a risk-based corrective action approach for assessment and remediation of contamination at certified dry-cleaning facilities or abandoned sites. T…

15A NCAC 02S .0502 ABATEMENT OF IMMINENT HAZARD If the Division determines from factors such as chemical concentrations, exposure pathways, and receptors that contamination or conditions at a site constitute an imminent hazard as defined in G.S. 143-215.104B(b)(16), the Division …

15A NCAC 02S .0503 Prioritization of certified facilities and sites (a) The Division shall determine the priority ranking of certified facilities and abandoned sites for the initiation and scheduling of assessment and remediation activities. (b) The Division shall consider the fo…

15A NCAC 02S .0504 CONTAMINATED SITE CHARACTERIZATION (a) A site assessment shall describe: (1) The source, types and levels of contamination at the site; (2) Any immediate actions required to abate any imminent hazard to public health, safety, or welfare or the environment; (3) …

15A NCAC 02S .0505 PRELIMINARY SOURCE REMOVAL The Division may authorize the performance of preliminary source removal at a site that does not present an imminent hazard as set forth in 15A NCAC 02S .0502 prior to approval of a remedial action plan if the Division determines that…

15A NCAC 02S .0506 TIERED RISK ASSESSMENT (a) A tiered risk assessment shall be conducted to establish risk-based screening levels or site-specific target levels for a site. (b) A site conceptual model shall be developed including the following elements: (1) the type and distribu…

15A NCAC 02S .0507 REMEDIAL ACTION PLAN (a) If the level of contamination of any chemical of concern exceeds risk-based screening levels or site-specific target levels, a remedial action plan shall be developed and implemented at the site. (b) A remedial action plan shall be suff…

15A NCAC 02S .0508 LAND-USE RESTRICTIONS The Division, pursuant to the risk assessment procedures of 15A NCAC 02S .0506, may require the imposition, recordation, and enforcement of land-use restrictions pursuant to G.S. 143-215.104M. History Note: Authority G.S. 143-215.104D; 143…

15A NCAC 02S .0509 NO FURTHER ACTION CRITERIA (a) A "No Further Action" notice documents the Division's decision that the site has been assessed and remediated, and that the site conditions pose no unacceptable risks as long as the recorded land-use restrictions are maintained. T…

subchapter 02t – waste not discharged to surface waters section .0100 – general requirements 15A NCAC 02T .0101 PURPOSE The rules in this Subchapter shall govern application for and issuance of permits for the following systems that do not discharge to surface waters of the state…

15A NCAC 02T .0102 SCOPE The rules in this Subchapter shall apply to all persons proposing to construct, alter, extend, or operate any sewer system, treatment works, disposal system, contaminated soil treatment system, animal waste management system, stormwater management system,…

15A NCAC 02T .0103 DEFINITIONS The terms used in this Subchapter shall have the meanings set forth in G.S. 143-212 and G.S. 143-213, in this Rule, and in program-specific rules in this Subchapter: (1) "Agronomic rate" means the amount of waste and other materials applied to soil …

15A NCAC 02T .0104 ACTIVITIES WHICH REQUIRE A PERMIT History Note: Authority G.S. 130A-335; 143-215.1; 143-215.3(a)(1); Eff. September 1, 2006; Repealed Eff. September 1, 2018.

15A NCAC 02T .0105 GENERAL REQUIREMENTS (a) Jurisdiction. Applications for permits from the Division shall be made in accordance with this Rule. Applications for permits under the jurisdiction of a local program shall be made in accordance with the requirements of the Division-ap…

15A NCAC 02T .0106 SUBMISSION OF PERMIT APPLICATIONS (a) Permit applications, supporting information, and processing fees for permits issued by the Division shall be filed with the Division. Applications for permits from a Division-approved local permitting program shall be submi…

15A NCAC 02T .0107 STAFF REVIEW AND PERMIT PREPARATION (a) The staff of the Division shall conduct a review of plans, specifications, and other project data accompanying the application and shall determine if the application and required information are complete. The staff shall …

15A NCAC 02T .0108 FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION (a) The Director shall take final action on all applications not later than 90 days following receipt of a complete application together with all required information. All permits, renewals of permits, and dec…

15A NCAC 02T .0109 PERMIT RENEWALS Requests for permit renewals shall be submitted to the Director at least 180 days prior to expiration unless the permit has been revoked by the Director in accordance with Rule .0110 of this Section or a request has been made to rescind the perm…

15A NCAC 02T .0110 MODIFICATION AND REVOCATION OF PERMITS A permit issued by the Division pursuant to this Subchapter shall be subject to revocation or modification upon 60 days notice by the Director in whole or part for the following reasons: (1) violation of any terms or condi…

15A NCAC 02T .0111 CONDITIONS FOR ISSUING GENERAL PERMITS (a) After issuance of a general permit by the Director pursuant to G.S. 143-215.1(b), (c), or (d), persons operating facilities described by the general permit may request coverage under it. An operation that receives a "C…

15A NCAC 02T .0112 DELEGATION OF AUTHORITY For permits issued by the Division, the Director is authorized to delegate any or all of the functions contained in the rules of this Subchapter except the following: (1) denial of a permit application; (2) revocation of a permit not req…

15A NCAC 02T .0113 PERMITTING BY REGULATION (a) The following disposal systems as well as those in Permitting By Regulation rules in this Subchapter (i.e., Rules .0203, .0303, .0403, .1103, .1203, .1303, .1403, and .1503) shall be deemed to be permitted pursuant to G.S. 143-215.1…

15A NCAC 02T .0114 WASTEWATER DESIGN FLOW RATES (a) This Rule shall be used to determine wastewater flow rates for all systems governed by this Subchapter unless alternate criteria are provided by a program-specific rule or for flow used for the purposes of 15A NCAC 02H .0105. Hi…

15A NCAC 02T .0115 OPERATIONAL AGREEMENTS (a) Prior to issuance or reissuance of a permit pursuant to this Subchapter for a wastewater facility or sewer extension as specified in G.S. 143-215.1(d1), a private applicant shall: (1) demonstrate that the applicant has been designated…

15A NCAC 02T .0116 CERTIFICATION OF COMPLETION (a) Prior to the operation of any sewer system, treatment works, utilization system, or disposal system for which an individual permit has been issued in accordance with this Subchapter and the application prepared by licensed profes…

15A NCAC 02T .0117 TREATMENT FACILITY OPERATION AND MAINTENANCE (a) For facilities permitted under this Subchapter, the permittee shall designate an Operator in Responsible Charge and a back-up operator as required by the Water Pollution Control System Operators Certification Com…

15A NCAC 02T .0118 DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES No permits for sewer line extensions shall be issued to wastewater treatment systems owned or operated by municipalities, counties, sanitary districts, or public utilities unless they meet the following re…

15A Ncac 02T .0119 reserved for future codification

15A NCAC 02T .0120 HISTORICAL CONSIDERATION IN PERMIT APPROVAL (a) The Division shall consider an applicant's compliance history in accordance with G.S. 143-215.1(b)(4)b.2. and with the requirements contained in this Rule for environmental permits and certifications issued pursua…

section .0200 – wastewater pump and haul systems 15A NCAC 02T .0201 SCOPE This Section shall apply to all pump and haul activities of wastewater under the authority of the Division. This Section shall not apply to the transport of animal waste from animal waste management systems…

15a NCAC 02T .0202 reserved for future codification

15A NCAC 02T .0203 PERMITTING BY REGULATION (a) The following systems shall be deemed permitted pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required for that system in this Rule: (1) washwater from s…