North Carolina Administrative Code

15A NCAC 08G .0204 RESPONSIBILITIES OF AN OPERATOR IN RESPONSIBLE CHARGE (ORC) An ORC of a water pollution control system shall: (1) possess a valid certificate of the appropriate type and grade for the system; (2) visit the system as often as is necessary to ensure the proper op…

15A NCAC 08G .0205 RESPONSIBILITIES OF A BACK-UP OPERATOR IN RESPONSIBLE CHARGE (BACK-UP ORC) The Back-up ORC: (1) may act as surrogate for the ORC, if he or she possesses a valid certificate of the appropriate type and grade for the system, for a period: (a) not to exceed 40 per…

SECTION .0300 - CLASSIFICATION OF WATER POLLUTION CONTROL SYSTEMS 15A NCAC 08G .0301 APPLICABILITY (a) Notwithstanding the requirements in Rules .0302 through .0307 of this Section, the Commission shall modify the classification of a water pollution control system when: (1) condi…

15A NCAC 08G .0302 CLASSIFICATION OF BIOLOGICAL WATER POLLUTION CONTROL TREATMENT SYSTEMS (a) The following discharging systems shall be assigned a classification of Grade I Biological Water Pollution Control System unless the permitted design flow, or operational complexity of t…

15A NCAC 08G .0303 CLASSIFICATION OF WATER POLLUTION CONTROL COLLECTION SYSTEMS (a) Water pollution control collection systems operated to convey wastewater to water pollution control systems which are permitted or tributary to municipalities, regional water pollution control sys…

15A NCAC 08G .0304 CLASSIFICATION OF SURFACE IRRIGATION WATER POLLUTION CONTROL SYSTEMS (a) Systems that utilize surface irrigation for the treatment, reuse, or disposal of wastewater shall be classified as surface irrigation water pollution control systems. Those systems that co…

15A NCAC 08G .0305 CLASSIFICATION OF LAND APPLICATION OF RESIDUALS SYSTEMS The following systems shall be classified as land application of residuals systems if permitted for the land application of: (1) residuals that are produced by a water pollution control system, water suppl…

15A NCAC 08G .0306 CLASSIFICATION OF PHYSICAL/CHEMICAL WATER POLLUTION CONTROL TREATMENT SYSTEMS (a) Any water pollution control system, including systems designed for the remediation of contaminated groundwater, that utilizes a physical process to treat wastewaters shall be clas…

15A NCAC 08G .0307 CLASSIFICATION OF SUBSURFACE WATER POLLUTION CONTROL SYSTEMS (a) Systems permitted under rules adopted by the Environmental Management Commission that utilize the soil for the subsurface treatment and disposal of wastewater shall be classified as subsurface wat…

15A NCAC 08G .0308 SYSTEMS NOT OTHERWISE CLASSIFIED The Commission may classify any water pollution control system which is not otherwise classified when that system is receiving wastewater that has distinctly different characteristics from typical domestic wastewater or is a wat…

SECTION .0400 - ELIGIBILITY REQUIREMENTS FOR EXAMINATIONS 15A NCAC 08G .0401 GENERAL REQUIREMENTS (a) An applicant for certification as an operator of a water pollution control system must meet the following criteria and possess the knowledge and abilities listed as they relate t…

15A NCAC 08G .0402 ELIGIBILITY REQUIREMENTS FOR BIOLOGICAL WATER POLLUTION CONTROL SYSTEM OPERATORS Eligibility for certification as a Biological Water Pollution Control System Operator is based on the following qualifications: (1) for Grade I certification, the applicant must: (…

15A NCAC 08G .0403 ELIGIBILITY REQUIREMENTS FOR WATER POLLUTION CONTROL COLLECTION SYSTEM OPERATORS Eligibility for certification as a Water Pollution Control Collection System Operator is based on the following qualifications: (1) for Grade I certification, the applicant must: h…

15A NCAC 08G .0404 ELIGIBILITY REQUIREMENTS FOR LAND APPLICATION OF RESIDUALS OPERATORS An applicant for certification as a Land Application of Residuals Operator shall have successfully completed approved training for land application of residuals operators and shall have met on…

15A NCAC 08G .0405 ELIGIBILITY REQUIREMENTS FOR PHYSICAL/CHEMICAL WATER POLLUTION CONTROL SYSTEM OPERATORS Eligibility for certification as a Physical/Chemical Water Pollution Control System Operator shall be based on the following qualifications: (1) for the Grade I, the individ…

15A NCAC 08G .0406 ELIGIBILITY REQUIREMENTS FOR Surface IRRIGATION WATER POLLUTION CONTROL SYSTEM OPERATORS An applicant for certification as a Surface Irrigation Water Pollution Control System Operator shall have successfully completed approved training for surface irrigation wa…

15A NCAC 08G .0407 ELIGIBILITY REQUIREMENTS FOR SUBSURFACE WATER POLLUTION CONTROL SYSTEM OPERATORS An applicant for certification as a Subsurface Water Pollution Control System Operator shall have successfully completed approved training for subsurface water pollution controls s…

15A NCAC 08G .0408 ELIGIBILITY REQUIREMENTS FOR OPERATOR IN TRAINING (OIT) CERTIFICATION (a) The Commission may allow an applicant for any water pollution control system operator certificate to take the examination if the individual has met all of the prerequisite education and c…

15A NCAC 08G .0409 ELIGIBILITY REQUIREMENTS FOR CONDITIONAL WATER POLLUTION CONTROL SYSTEM OPERATORS Conditional Certificates shall remain valid contingent upon the individuals holding the certificates meeting renewal requirements as found in Section .0700 of this Subchapter. His…

15A NCAC 08G .0410 RECIPROCITY CERTIFICATION (a) The Commission shall issue certification(s) to an individual certified in other states or legal jurisdictions if the individual: (1) meets or exceeds all eligibility requirements or the equivalent set forth in Rules .0402 to .0408 …

SECTION .0500 - CERTIFICATION BY EXAMINATION 15A NCAC 08G .0501 APPLYING FOR EXAMINATION (a) All applications for examination submitted to the Commission shall be: (1) submitted on a Examination Application found at https://deq.nc.gov/about/divisions/water-resources/operator-cert…

15A NCAC 08G .0502 INELIGIBLE APPLICANTS History Note: Authority G.S. 90A-39; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

15A NCAC 08G .0503 EXAMINATION ADMINISTRATION (a) The Commission shall set the dates, times, and locations for all examinations. (b) Examinations may be administered by the Commission at any time, or at any location, when a sufficient number of applications have been received to …

15A NCAC 08G .0504 EXAMINATION GRADING (a) A passing score on any examination administered by the Commission is 70 percent of the available points on the examination. (b) Each applicant, and only the applicant, shall be notified, in writing, of the results on an examination. (c) …

15A NCAC 08G .0505 EXAMINATION REVIEWS (a) Any applicant who fails to make a passing score on an examination shall be allowed to review his or her exam at a date, time, and location specified by the Commission. Notification of the reviews shall be sent using the address submitted…

SECTION .0600 - CERTIFICATION WITHOUT EXAMINATION 15A NCAC 08G .0601 RECIPROCITY CERTIFICATION History Note: Authority G.S. 90A-40; 90A-42; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

15A NCAC 08G .0602 TEMPORARY CERTIFICATES (a) Temporary certificates, of any type and grade, may be issued by the Commission to the operator of a water pollution control system, for a period not to exceed one year, due to: (1) the vacancy of the Operator in Responsible Charge (OR…

15A NCAC 08G .0603 TEMPORARY CERTIFICATE RENEWAL (a) All applications for renewal of a temporary certificate must: (1) be submitted by the owner of the system 60 calendar days prior to the expiration date of the original temporary certificate; (2) be accompanied by the required f…

15A NCAC 08G .0604 CONVERSION OF VOLUNTARY CERTIFICATION TO MANDATORY CERTIFICATION History Note: Authority G.S. 90A-39; 90A-40; 90A-42; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

SECTION .0700 - RENEWAL OF CERTIFICATION 15A NCAC 08G .0701 REQUIREMENTS (a) The holder of the certificate shall annually renew the certificate by: (1) Submitting payment of the required annual renewal fee by December 31 as set forth in G.S. 90A-40 and G.S. 90A-46.1. (2) Each ope…

SECTION .0800 - DISCIPLINARY ACTIONS 15A NCAC 08G .0801 GROUNDS FOR DISCIPLINARY ACTIONS The Commission may take disciplinary actions, in accordance with Rule .0802 of this Section, against a certified operator for: (1) practicing fraud or deception; (2) failure to use reasonable…

15A NCAC 08G .0802 DISCIPLINARY ACTIONS (a) The Commission may revoke or suspend the certification of an operator or issue a letter of reprimand to an operator in accordance with the provisions of G.S. 90A-41. (b) The Chairman of the Commission may issue notification of summary s…

15A NCAC 08G .0803 CERTIFICATION FOLLOWING DISCIPLINARY ACTIONS (a) An individual who has had certification revoked by the Commission may petition the Commission for any new certification sought, but no sooner than two years from the effective date of the revocation. An individua…

15A NCAC 08G .0804 CONTESTED CASE PROCEDURES (a) Administrative hearings shall be held in accordance with G.S. 150B and the administrative hearing procedures codified at 15A NCAC 01B .0200 et seq., are hereby incorporated by reference including any subsequent amendments and addit…

SECTION .0900 - CONTRACT OPERATION OF WATER POLLUTION CONTROL SYSTEMS 15A NCAC 08G .0901 RESPONSIBILITIES OF CONTRACT OPERATORS AND CONTRACT OPERATIONS FIRMS Each contract operator, or contract operations firm, that enters into a contract with the owner of a water pollution contr…

15A NCAC 08G .0902 ANNUAL REPORT History Note: Authority G.S. 90A-45; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

SECTION .1000 - RULE MAKING PROCEDURES AND PETITIONS FOR REGULATORY ACTIVITY 15A NCAC 08G .1001 PETITIONS FOR REGULATORY ACTIVITY (a) Any person(s) desiring to request the adoption, amendment, or repeal of a rule may make such request in a petition filed pursuant to G.S. 150B-20,…

SECTION .1100 - ADMINISTRATIVE DUTIES 15A NCAC 08G .1101 REFUNDING OF FEES History Note: Authority G.S. 90A-42; Eff. April 1, 1999; Repealed Eff. December 1, 2006.

CHAPTER 09 - DIVISION OF FOREST RESOURCES 15A NCAC 09; FOREST RESOURCES; has been transferred and recodified from 15 NCAC 09, effective November 1, 1989. The recodification was pursuant to G.S. 143B-279.1. SUBCHAPTER 09A - DIVISION ORGANIZATION 15A NCAC 09A .0101 NAME AND ADDRESS…

15A NCAC 09A .0102 GENERAL PURPOSE OF THE DIVISION (transferred to 02 ncac 60a .0102)

15A NCAC 09A .0103 FORESTRY COUNCIL AND COMMITTEES History Note: Authority G.S. 113-3(a); 113-8; 113-44.6; 143B-10(d); 143B-10(j); 143B-308; Eff. February 1, 1976; Amended Eff. October 2, 1978; Readopted Eff. November 6, 1980; Amended Eff. October 1, 1984; Repealed Eff. July 1, 1…

15A NCAC 09A .0104 DEFINITIONS (transferred to 02 ncac 60a .0103)

15A NCAC 09B .0103 DELEGATION FROM THE DIRECTOR TO OTHERS History Note: Authority G.S. 143B-10; Eff. February 1, 1976; Readopted Eff. November 6, 1980; Amended Eff. March 1, 1983; Repealed Eff. October 1, 1984.

SUBCHAPTER 09C - DIVISION PROGRAMS SECTION .0100 - ADMINISTRATION 15A NCAC 09C .0101 COUNTY COOPERATION: FISCAL ASPECTS (Transferred to 02 NCAC 60B .0101)

15A NCAC 09C .0102 COUNTY FOREST RANGER EMPLOYMENT (transferred to 02 ncac 60b .0102)

15A NCAC 09C .0103 USE OF DIVISION OF FOREST RESOURCES TRAINING FACILITIES (Transferred to 02 NCAC 60B .0103)

15A NCAC 09C .0203 BURNING PERMITS FOR FOREST FIRE PREVENTION: CANCELLATION (Transferred to 02 NCAC 60B .0201)

15A NCAC 09C .0204 SUMMONING FIRE FIGHTERS (transferred to 02 NCAC 60b .0202)

15A NCAC 09C .0205 FOREST OWNERSHIP MAPS (transferred to 02 ncac 60b .0203)

15A NCAC 09C .0206 RURAL FIRE DEPARTMENT FUNDING (transferred to 02 ncac 60b .0204)