North Carolina Administrative Code

SECTION .0200 - GENERAL PURPOSE: DUTIES AND REQUIREMENTS: AND PROGRAMS 15A NCAC 08A .0201 PURPOSE History Note: Authority G.S. 90A-35; 90A-43; Eff. February 1, 1976; Repealed Eff. July 1, 1983.

15A NCAC 08A .0202 DUTIES AND REQUIREMENTS History Note: Authority G.S. 143B-300; 90A-37 through 90A-43; Eff. February 1, 1976; Amended Eff. July 1, 1993; May 1, 1991; August 1, 1988; July 1, 1983; Repealed Eff. April 1, 1999.

15A NCAC 08A .0203 PROGRAMS History Note: Authority G.S. 143B-300; 90A-35; Eff. February 1, 1976; Amended Eff. January 1, 1977; Repealed Eff. May 1, 1985.

15A NCAC 08A .0303 PETITIONS FOR REGULATORY ACTIVITY History Note: Authority G.S. 113-134; 143B-289A; 150B-20; Eff. July 1, 1993; Repealed Eff. April 1, 1999.

15A NCAC 08B .0107 APPLYING FOR VOLUNTARY CONVERSION CERTIFICATION History Note: Authority G.S. 90A-39; 90A-42; Eff. February 1, 1976; Repealed Eff. August 1, 1988.

15A NCAC 08B .0108 ADDRESS FOR REQUESTING AND RETURNING APPLICATIONS History Note: Authority G.S. 90A-39; 90A-42; 143B-300; Eff. February 1, 1976; Amended Eff. July 1, 1993; May 1, 1991; August 1, 1978; Repealed Eff. April 1, 1999.

15A NCAC 08B .0109 REQUIREMENT FOR NOTIFICATION OF CHANGE IN ADDRESS History Note: Authority G.S. 90A-35; 90A-43; 143B-300; Eff. January 1, 1977; Amended Eff. July 1, 1993; May 1, 1991; August 1, 1978; Repealed Eff. April 1, 1999.

15A NCAC 08B .0205 GRADE I COLLECTION SYSTEM OPERATOR History Note: Authority G.S. 90A-39; 143B-300; Eff. July 1, 1993; Repealed Eff. April 1, 1999.

15A NCAC 08B .0206 WAIVER OF EXAMINATION ELIGIBILITY REQUIREMENTS History Note: Authority G.S. 90A-39; 143B-300; Eff. February 15, 1978; Repealed Eff. July 1, 1993.

15A NCAC 08B .0214 DEFINITIONS History Note: Authority G.S. 90A-39; 143B-300; Eff. February 1, 1976; Amended Eff. May 1, 1991; February 20, 1980; Recodified from 15A NCAC 8B .0205 Eff. July 1, 1993; Amended Eff. July 1, 1993; Repealed Eff. April 1, 1999.

SECTION .0400 - CERTIFICATION WITHOUT EXAMINATION 15A NCAC 08B .0401 VOLUNTARY CONVERSION TO MANDATORY CERTIFICATION History Note: Authority G.S. 90A-40(c); 143B-300; Eff. February 1, 1976; Amended Eff. February 20, 1980; January 1, 1977; Repealed Eff. August 1, 1988.

15A NCAC 08B .0402 RECIPROCITY CERTIFICATION History Note: Authority G.S. 90A-37; 90A-40(d); 90A-42; 143B-300; Eff. February 1, 1976; Amended Eff. July 1, 1993; August 1, 1988; February 20, 1980; January 1, 1977; Repealed Eff. April 1, 1999.

15A NCAC 08B .0403 CONDITIONAL CERTIFICATION History Note: Authority G.S. 90A-37; 90A-40(d); Eff. February 1, 1976; Amended Eff. February 20, 1980; February 15, 1978; January 1, 1977; Repealed Eff. July 1, 1983.

15A NCAC 08B .0406 VOLUNTARY CONVERSION TO MANDATORY CERTIFICATION History Note: Authority G.S. 90A-40(f); Eff. July 1, 1993; Repealed Eff. April 1, 1999.

SECTION .0500 - FEES: REINSTATEMENT: AND ANNUAL REPORT 15A NCAC 08B .0501 SCHEDULE OF FEES History Note: Authority G.S. 90A-42; Eff. February 1, 1976; Amended Eff. February 20, 1980; January 1, 1977; Repealed Eff. August 1, 1988.

15A NCAC 08B .0502 REFUNDING OF FEES History Note: Authority G.S. 90A-42; 143B-300; Eff. February 1, 1976; Amended Eff. July 1, 1993; August 1, 1988; July 1, 1983; Repealed Eff. April 1, 1999.

15A NCAC 08B .0505 FEES FOR MAILING LISTS History Note: Authority G.S. 90A-42; 90A-43; 143B-300; Eff. January 1, 1977; Amended Eff. February 20, 1980; Repealed Eff. August 1, 1988.

15A NCAC 08B .0506 CONTRACT OPERATORS ANNUAL REPORT History Note: Authority G.S. 90A-45(c); Eff. July 1, 1993; Repealed Eff. April 1, 1999.

SUBCHAPTER 8C - CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS SECTION .0100 - CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS 15A NCAC 08C .0101 RATING WASTEWATER TREATMENT FACILITIES History Note: Authority G.S. 90A-37; 130-160; 143-215.1(c); 143-215.1(d); Eff. February 1,…

15A NCAC 08C .0102 RATING SCALE FOR CLASSIFICATION OF WASTEWATER TREATMENT FACILITIES History Note: Authority G.S. 90A-37; Eff. February 1, 1976; Amended Eff. July 1, 1993; May 1, 1991; August 1, 1988; April 1, 1987; Repealed Eff. April 1, 1999.

15A NCAC 08C .0103 CLASSIFICATION CATEGORIES History Note: Authority G.S. 90A-37; Eff. February 1, 1976; Repealed Eff. July 1, 1983.

15A NCAC 08C .0104 DEFINITIONS History Note: Authority G.S. 90A-37; Eff. February 1, 1976; Amended Eff. July 1, 1993; May 1, 1991; July 1, 1983; March 18, 1980; Repealed Eff. April 1, 1999.

SUBCHAPTER 8D - POWERS AND ENFORCEMENT SECTION .0100 - POWERS AND ENFORCEMENT 15A NCAC 08D .0101 POWERS History Note: Authority G.S. 143B-300; Eff. February 1, 1976; Repealed Eff. July 1, 1983.

15A NCAC 08D .0102 CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS History Note: Authority G.S. 90A-35; 90A-37; 90A-43; 90A-44; 150B-23; Eff. February 1, 1976; Amended Eff. July 1, 1993; August 1, 1988; January 1, 1977; Repealed Eff. April 1, 1999.

15A NCAC 08D .0103 CERTIFIED OPERATORS REQUIRED History Note: Authority G.S. 90A-35; 90A-43; 90A-44; 150B-3; 150B-23; Eff. February 1, 1976; Repealed Eff. July 1, 1983.

15A NCAC 08D .0106 RECERTIFICATION FOLLOWING REVOCATION OR RELINQUISHMENT History Note: Authority G.S. 90A-39; 150B-3; 150B-38; Eff. April 1, 1987; Amended Eff. July 1, 1993; May 1, 1991; Repealed Eff. April 1, 1999.

SUBCHAPTER 08F - CERTIFICATION OF OPERATORS OF ANIMAL WASTEMANAGEMENT SYSTEMS SECTION .0100 - GENERAL PURPOSE/DEFINITIONS 15A NCAC 08F .0101 PURPOSE (a) The purpose of these Rules is to reduce nonpoint source pollution in order to protect the public health and to conserve and pro…

15A NCAC 08F .0102 DEFINITIONS The following definitions shall apply throughout this Subchapter: (1) "Active certification" means that all training and certification requirements pursuant to G.S. 90A- 47.3(b) and G.S. 90A-47.4 have been completed. (2) "Animal waste management pla…

SECTION .0200 - DUTIES AND REQUIREMENTS 15A NCAC 08F .0201 DUTIES AND REQUIREMENTS OF OWNERS (a) The owner of each animal operation having an animal waste management system shall submit an Animal Waste Management System Operator Designation Form to the Commission that designates …

15A NCAC 08F .0202 DUTIES AND REQUIREMENTS OF CERTIFIED OPERATORS Certified operators shall: (1) comply with all terms and conditions of their certification as set forth in these Rules; (2) notify the Commission in writing, within 30 days of any change in mailing address; and (3)…

15A NCAC 08F .0203 DUTIES AND REQUIREMENTS OF AN OPERATOR IN CHARGE (a) An OIC of any animal waste management system shall: (1) possess an active certification as an Animal Waste Management System Operator of the same type as the classification of the system; (2) visit and inspec…

SECTION .0300 - CLASSIFICATION 15A NCAC 08F .0301 CLASSIFICATION OF ANIMAL WASTE MANAGEMENT SYSTEMS (a) The Commission shall classify animal waste management systems based on the types of structures and nonstructural practices serving a feedlot that provide for the collection, tr…

SECTION .0400 - CERTIFICATION OF OPERATORS 15A NCAC 08F .0401 QUALIFICATIONS FOR EXAMINATION (a) An applicant for certification as a Type A or Type B Animal Waste Management System Operator shall be expected to meet the following criteria and possess the knowledge and abilities l…

15A NCAC 08F .0402 APPLYING FOR EXAMINATION (a) An Animal Waste Management System Operator Certification Examination Application shall be submitted with the twenty-five dollar ($25.00) examination fee required by G.S. 90A-47.4 to the Commission. (b) The application may be found o…

15A NCAC 08F .0403 APPLICATION PROCEDURES (a) Upon receipt of the application by the Commission, it will be reviewed for eligibility to take the examination. (b) Eligible applicants shall be notified by letter and told the date, time, and place of the examination he or she is reg…

15A NCAC 08F .0404 EXAMINATION PROCEDURES The Commission shall conduct examinations for certification in accordance with the following: (1) The dates, times, and places of examination shall be set by the Commission and shall be published on the Commission's webpage. (2) When each…

15A NCAC 08F .0405 RENEWAL OF CERTIFICATION (a) A currently valid certification as an animal waste management system operator shall be maintained by: (1) the payment of the annual renewal fee of ten dollars ($10.00) set forth in G.S. 90A-47.4(b), prior to December 31 of the year …

15A NCAC 08F .0406 Disciplinary actions (a) The Commission, in accordance with the provisions of G.S. 90A-47.5, may suspend or revoke the certificate of a certified operator in charge. (b) The Chairman of the Commission may issue notification of summary suspension in accordance w…

15A NCAC 08F .0407 RECERTIFICATION FOLLOWING REVOCATION OR RELINQUISHMENT (a) After revocation or relinquishment has been effective for a period of not less than 270 days, a person may apply in writing for recertification. The application shall include any facts concerning change…

SECTION .0500 - CIVIL PENALTIES 15A NCAC 08F .0501 WHO MAY ASSESS History Note: Authority G.S. 90A-47; 90A-47.5; 143B-300; Temporary Adoption Eff. January 7, 1997; Eff. August 1, 1998; Repealed Eff. September 1, 2018.

15A NCAC 08F .0502 WHEN ASSESSABLE The Commission may assess civil penalties whenever it determines that an owner of an animal operation with an animal waste management system or an OIC of an animal waste management system willfully violates the requirements of G.S. 90A-47, Part …

15A NCAC 08F .0503 STANDARDS In determining the amount of the assessment, the Commission shall consider the following standards: (1) the duration of the violation; (2) the preventive or responsive measures taken by the violator; and (3) the cost to the violator or others of recti…

15A NCAC 08F .0504 ASSESSMENT (a) Whenever a penalty is assessed, the Commission shall send a notice to the respondent by certified mail. The notice will describe the violation, state that the penalty is due, and advise the respondent of the rights of appeals as specified in Rule…

15A NCAC 08F .0505 PAYMENT AND HEARING (a) Within 30 days after receipt of notification of an assessment, the assessed person must tender payment, submit in writing a request for remission or reduction of the penalty, or file a petition with the Office of Administrative Hearings …

15A NCAC 08F .0506 REFERRALS If any civil penalty as finally assessed is not paid, the Commission shall request the Attorney General to commence action to recover the amount of the assessment. History Note: Authority G.S. 90A-47.5; Temporary Adoption Eff. January 7, 1997; Eff. Au…

SUBCHAPTER 08G - AUTHORITY: ORGANIZATION: STRUCTURE: DEFINITIONS SECTION .0100 - GENERAL PURPOSE AND DEFINITIONS 15A NCAC 08G .0101 PURPOSE The purpose of these Rules is to: (1) protect the public health of the citizens of the State; and (2) conserve, protect, and maintain the qu…

15A NCAC 08G .0102 DEFINITIONS In addition to the definitions in G.S. 90A-46, the following definitions shall apply throughout this Subchapter: (1) "Activated sludge" means a biological wastewater treatment process in which biodegradable pollutants in wastewater are absorbed, or …

SECTION .0200 - DUTIES AND RESPONSIBILITIES 15A NCAC 08G .0201 RESPONSIBILITY OF SYSTEM OWNERS TO DESIGNATE CERTIFIED OPERATORS Owners of classified water pollution control systems shall designate operators certified by the Commission of the same type and grade as the classificat…

15A NCAC 08G .0202 RESPONSIBILITIES OF SYSTEM OWNERS History Note: Authority G.S. 90A-37 through 90A-45; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

15A NCAC 08G .0203 RESPONSIBILITIES OF ALL CERTIFIED OPERATORS Certified operators must: (1) comply with all terms and conditions of their certification as set forth in these Rules; (2) notify the Commission, in writing, within 30 calendar days of any changes in their mailing add…