North Carolina Administrative Code

15A NCAC 18C .1523 PUBLIC NOTIFICATION REQUIREMENTS (a) The provisions of 40 C.F.R. 141, Subpart Q – Public Notification of Drinking Water Violations are incorporated by reference, including subsequent amendments and editions. As authorized by 40 C.F.R. 141.205(c)(2), the Departm…

15A NCAC 18C .1524 REPORTING FOR UNREGULATED CONTAMINANT MONITORING RESULTS The provisions of 40 C.F.R. 141.35 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Note: Autho…

15A NCAC 18C .1525 REPORTING REQUIREMENTS (a) The requirements of this Rule shall apply to all public water systems. The provisions of 40 C.F.R. 141.31 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b…

15a ncac 18c .1526 RECORD MAINTENANCE The provisions of 40 C.F.R. 141.33 are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of this Subchapter. History Note: Authority G.S. 1…

15A NCAC 18C .1527 CERTIFIED LABORATORIES (a) The provisions of 40 C.F.R. 141.28 are incorporated by reference, including subsequent amendments and editions, with the following exceptions: (1) laboratories analyzing samples pursuant to this Subchapter shall be certified for that …

15A NCAC 18C .1528 ALTERNATE ANALYTICAL TECHNIQUES The provisions of 40 C.F.R. 141.27 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Note: Authority G.S. 130A-315; P.L. …

15A NCAC 18C .1529 POINT-OF-ENTRY, BOTTLED WATER, AND OTHER TREATMENT DEVICES (a) The provisions of 40 C.F.R. 141 Subpart J – Use of Non-Centralized Treatment Devices are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth …

15A NCAC 18C .1530 CONSTRUCTION This Section shall be construed as enabling the State of North Carolina to undertake primary responsibility for the enforcement of the federal act. History Note: Authority G.S. 130A-315; P.L. 93-523; 40 C.F.R. 141; Eff. September 1, 1979; Transferr…

15A NCAC 18C .1531 SITING REQUIREMENTS (a) Any person constructing or modifying a public water system shall to the extent practicable, avoid locating all or part of a new or expanded facility at a site which: (1) is subject to a significant risk from earthquakes, floods, fires or…

15A NCAC 18C .1532 VARIANCES AND EXEMPTIONS The provisions of 40 C.F.R. 141.4 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Note: Authority G.S. 130A-315; P.L. 93-523; …

15A NCAC 18C .1533 TOTAL TRIHALOMETHANES SAMPLING AND ANALYSIS: LESS THAN 10,000 History Note: Authority G.S. 130A-315; Eff. August 1, 1990; Amended Eff. July 1, 1994; Expired Eff. December 1, 2015 pursuant to G.S. 150B-21.3A.

15A NCAC 18C .1534 COLIFORM SAMPLING (a) The provisions of 40 C.F.R. 141.21 are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of this Subchapter. The provisions are incorpor…

15A NCAC 18C .1535 MAXIMUM CONTAMINANT LEVELS FOR COLIFORM BACTERIA (a) The provisions of 40 C.F.R. 141.63 are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. (b) The provisions of 4…

15A NCAC 18C .1536 TREATMENT TECHNIQUES The provisions of 40 C.F.R. 141. Subpart K are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of this Subchapter. History Note: Author…

15A NCAC 18C .1537 DRINKING WATER TREATMENT CHEMICALS AND SYSTEM COMPONENTS (a) The standards established by the American National Standards Institute/NSF International, codified as ANSI/NSF Standard 60 and ANSI/NSF Standard 61, are incorporated by reference including subsequent …

15A NCAC 18C .1538 CONSUMER CONFIDENCE REPORT The provisions of 40 C.F.R. 141, Subpart O - Consumer Confidence Reports are incorporated by reference, including subsequent amendments and editions. Copies may be obtained as set forth in Rule .0102(b) of this Subchapter. History Not…

15A NCAC 18C .1539 REVISED TOTAL COLIFORM RULE The provisions of 40 C.F.R. 141, Subpart Y - Revised Total Coliform Rule are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102(a) …

15A NCAC 18C .1540 CONTROL OF PER- AND POLYFLUOROALKYL SUBSTANCES The provisions of 40 C.F.R. 141, Subpart Z – Control of Per- and Polyfluoroalkyl Substances (PFAS) are hereby incorporated by reference including any subsequent amendments and editions. Copies for public inspection…

SECTION .1600 - VARIANCES AND EXEMPTIONS 15A NCAC 18C .1601 REQUIREMENTS FOR A VARIANCE (a) The Secretary may grant one or more variances to any public water system within the state from any requirement respecting a maximum contaminant level of an applicable rule of 15A NCAC 18C …

15A NCAC 18C .1602 VARIANCE REQUEST A supplier of water may request a variance for a public water system by submitting a written request to the Secretary. Suppliers of water may submit a joint request for variances when they seek similar variances under similar circumstances. A r…

15A NCAC 18C .1603 CONSIDERATION OF A VARIANCE REQUEST (a) The Secretary shall act on any variance request submitted pursuant to .1602 of this Section within 90 days of receipt of the request. (b) In consideration of whether the public water system is unable to comply with a cont…

15A NCAC 18C .1604 DISPOSITION OF A VARIANCE REQUEST (a) If the Secretary decides to deny the application for a variance, the applicant shall be notified of the intention to issue a denial. Such notice shall include a statement of reasons for the proposed denial. Within 30 days a…

15A NCAC 18C .1605 PUBLIC HEARINGS ON VARIANCES AND SCHEDULES (a) Before a variance or a schedule proposed by the Secretary pursuant to Rule.1604 of this Section may take effect, the Secretary shall provide notice and opportunity for public hearing on the variance or schedule. Su…

15A NCAC 18C .1606 VARIANCES FOR FLUORIDE (a) The following shall be the best technology, treatment techniques or other means generally available for achieving compliance with the maximum contaminant level for fluoride: (1) Activated alumina absorption, centrally applied, (2) Rev…

15a ncac 18c .1607 VARIANCES AND EXEMPTIONS FOR CHEMICALS, LEAD AND COPPER, AND RADIONUCLIDES (a) The provisions of 40 C.F.R. 142.62 are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in R…

15A NCAC 18C .1608 REQUIREMENTS FOR AN EXEMPTION The Secretary may exempt any public water system in the state from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable rule of this Subchapter upon a finding…

15A NCAC 18C .1609 EXEMPTION REQUEST A supplier of water may request an exemption for a public water system by submitting a written request to the Secretary. Suppliers of water may submit a joint request for exemptions when they seek similar exemptions under similar circumstances…

15A NCAC 18C .1610 CONSIDERATION OF AN EXEMPTION REQUEST (a) The Secretary shall act on any exemption request submitted pursuant to .1609 of this Section within 90 days of receipt of the request. (b) In consideration of whether the public water system is unable to comply due to c…

15A NCAC 18C .1611 DISPOSITION OF AN EXEMPTION REQUEST (a) If the Secretary decides to deny the application for an exemption, the applicant shall be notified of the intention to issue a denial. Such notice shall include a statement of reasons for the proposed denial. Within 30 da…

15A NCAC 18C .1612 PUBLIC HEARINGS ON EXEMPTION SCHEDULES (a) Before a schedule proposed by the Secretary pursuant to Rule.1611 of this Section may take effect, the Secretary shall provide notice and opportunity for public hearing on the schedule. Such notice may cover the propos…

15A NCAC 18C .1613 FINAL SCHEDULE (a) Within a reasonable time after the termination of a hearing conducted in the manner set forth in G.S. 150B-22 through 150B-37, the Secretary shall, based upon consideration of the hearing record as a whole, revise the proposed schedule as nec…

15A NCAC 18C .1614 BOTTLED WATER AND POINT-OF-USE DEVICES The provisions of 40 C.F.R. 142.57 are hereby incorporated by reference including any subsequent amendments and editions. Copies are available for public inspection as set forth in Rule .0102 of this Subchapter. History No…

SECTION .1800 - LOCAL PLAN APPROVAL Rules .1801 - .1805 of Title 15A Subchapter 18C of the North Carolina Administrative Code (T15A.18C .1801 - .1805); has been transferred and recodified from Rules .2601 - .2605 Title 10 Subchapter 10D of the North Carolina Administrative Code (…

15A NCAC 18C .1802 APPLICATION FOR CERTIFICATION Application for certification shall be made to the Public Water Supply Section, Division of Water Resources, 1634 Mail Service Center, Raleigh North Carolina 27699-1634. Application shall be submitted in triplicate and shall design…

15A NCAC 18C .1803 CERTIFICATION The Department shall certify a local approval program which satisfies the requirements of G.S. 130A-317(d). The requirements of G.S. 130A-317(d)(4) are satisfied when a local approval program provides by ordinance or local law for enforcement prov…

15A NCAC 18C .1804 NOTICE (a) A local approval program shall submit an annual notice to the Department, identifying each approval of construction or alteration of the distribution system of a community water system. The local approval program shall retain a copy of the applicatio…

15A NCAC 18C .1805 DEPARTMENTAL ENFORCEMENT If the Department determines that a community water system is violating local approval requirements and the local approval program has not enforced its requirements, the Department may, after written notice, to the local program, enforc…

SECTION .1900 - ADMINISTRATIVE PENALTIES Rules .1901 - .1913 of Title 15A Subchapter 18C of the North Carolina Administrative Code (T15A.18C .1901 - .1913); has been transferred and recodified from Rules .2401 - .2413 Title 10 Subchapter 10D of the North Carolina Administrative C…

15A NCAC 18C .1902 ADMINISTRATIVE PENALTIES The following rules provide the procedures and standards governing the assessment, remission, mitigation and appeal of administrative penalties imposed by the Department or its delegates under G.S. 130A-22(b) for violations of the North…

15A NCAC 18C .1903 WHO MAY ASSESS PENALTIES Administrative penalties may be assessed by the Department or its delegate. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. Novembe…

15A NCAC 18C .1904 WHEN PENALTIES MAY BE ASSESSED Administrative penalties may be assessed against any person for violations as described in G.S. 130A-325. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Amended Eff. October 1, 1984; Pursuant to G.S. 150B-21.3A, …

15A NCAC 18C .1905 AMOUNT OF PENALTY ASSESSMENT (a) An administrative penalty may not exceed the amount which may be assessed for violations as prescribed in G.S. 130A-22(b). (b) Each day of a continuing violation shall constitute a separate violation. (c) Each violation of a spe…

15A NCAC 18C .1906 CONSIDERATIONS IN ASSESSING ADMINISTRATIVE PENALTIES In determining the amount of the assessment, the Department or its delegates shall consider the following criteria and shall cite the provisions that are applicable: (1) nature of the violation and the degree…

15A NCAC 18C .1907 PROCEDURE FOR ASSESSMENT (a) Depending on the violation involved, the Department or its delegates may issue a notice of penalty assessment immediately or grant the violator a period of time within which to cease the violation. (b) For all violations for which a…

15A NCAC 18C .1908 IMMINENT HAZARD If violation of the rules or law presents an imminent hazard to the public health as determined by the Secretary, an order may be issued pursuant to G.S. 130A-322. History Note: Authority G.S. 130A-22(f); Eff. September 1, 1979; Amended Eff. Oct…

15A NCAC 18C .1909 PAYMENTS: HEARING (a) Within 30 days after receipt of notification of a penalty assessment, the respondent must tender payment, or submit in writing a request for an administrative hearing. All appeals shall be made in accordance with G.S. 150B. (b) Payment may…

15A NCAC 18C .1910 STAY OF PENALTY ASSESSMENT When an administrative hearing is requested for a purpose other than remission or mitigation of the penalty assessed, the penalty will be stayed as of the date of said request until service of the final decision or other settlement of…

15A NCAC 18C .1911 WAIVER OF ADMINISTRATIVE HEARING A respondent waives his right to a hearing when he: (1) submits a written waiver to the Department or its delegates of his right to an administrative hearing, (2) fails to request a hearing within 30 days of receipt of notice of…

15A NCAC 18C .1912 REFERRAL If any administrative penalty as finally assessed is not paid within 60 days after receipt of notice of penalty assessment where no administrative hearing was requested or within 60 days after service of a written copy of the decision as provided for i…

15A NCAC 18C .1913 RIGHT OF ENTRY AND INSPECTION (a) Any supplier of water or other person subject to drinking water regulations shall, at any time, allow the Secretary, or a designated representative, upon presenting appropriate credentials and a written notice of inspection, to…