North Carolina Administrative Code

02 NCAC 60C .0202 PROHIBITION OF DEBRIS ENTERING STREAMS AND WATERBODIES Stream obstruction and the impediment of stream flow or degradation of water quality shall be prevented by keeping soil and debris from forestry-related, land-disturbing activities out of intermittent stream…

02 NCAC 60C .0203 ACCESS ROAD AND SKID TRAIL STREAM CROSSINGS Access roads and skid trails that cross an intermittent stream, a perennial stream or a perennial waterbody shall be installed so as to minimize the amount of visible sediment that enters that stream or waterbody. Thes…

02 NCAC 60C .0204 ACCESS ROAD ENTRANCES A forest access road entrance that intersects a paved road shall be installed and maintained to prevent visible sediment or other debris from being deposited onto the paved road to the extent that the visible sediment or other debris would …

02 NCAC 60C .0205 PROHIBITION/WASTE ENTERING STREAMS /WATERBODIES /GROUNDWATER Measures shall be taken to prevent equipment servicing waste, petroleum, fertilizers, or other chemical waste from entering streams, perennial waterbodies, and groundwater that results in a violation o…

02 NCAC 60C .0206 PESTICIDE APPLICATION Application of pesticides shall be limited to those labeled for that intended use, shall be used in accordance with labeling and rules adopted by the N.C. Pesticide Board as set forth in 02 NCAC 09L .1005, Restricted Areas, and applied in a…

02 NCAC 60C .0207 FERTILIZER APPLICATION When used, fertilizers shall be applied in a manner to prevent adverse impacts on water quality. History Note: Authority G.S. 113A-52.1; 143-214.1; Eff. January 1, 1990; Transferred from 15A NCAC 01I .0207 Eff. April 1, 2014; Readopted Eff…

02 NCAC 60C .0208 PERENNIAL STREAM TEMPERATURE Shade within SMZs associated with natural perennial streams shall be retained to protect those streams from temperature fluctuations that result in a violation of a water quality standard of the Environmental Management Commission as…

02 NCAC 60c .0209 REHABILITATION OF PROJECT SITE Areas on the project site that have the potential for accelerated erosion to cause visible sediment to enter an intermittent stream, a perennial stream, or a perennial waterbody, shall be provided with ground cover or best manageme…

Chapter 61 - SANITATION OF BEDDING 02 ncac 61 .0101 DEFINITIONS The following definitions shall apply throughout the rules of this Chapter: (1) "Chemical Method" means a process accomplished by application of a disinfectant registered by the U.S. Environmental Protection Agency u…

02 NCAC 61 .0102 AUTHORIZED SANITIZING PROCESSES (a) Sanitization pursuant to G.S. 106-65.95 shall be done by one of three methods provided in the Rule: the dry heat process, the chemical method, or the washing process. (b) The dry heat process may be used to sanitize secondhand …

02 NCAC 61 .0103 OTHER METHODS OF SANITIZING Notwithstanding the provisions of Rule .0102 of this Section, other methods of sanitizing may be used after receiving the approval of the Division. The Division shall approve other methods of sanitation provided the applicant has submi…

02 NCAC 61 .0104 RECORDKEEPING FOR SANITIZATION (a) A person who sanitizes as defined by G.S. 106-65.95(7), previously used material or bedding shall keep a record of the kind of material and bedding which has been sanitized. (b) The record shall be retained on the business premi…

02 NCAC 61 .0105 DISPOSAL OF UNCLEAN BEDDING Secondhand bedding and previously-used materials that show evidence of contamination with feces, urine, pus, vomit, blood, mucus, or are not clean after using methods described in Rules .0102 or .0103 of this Section must be removed fr…

02 ncac 61 .0106 STORAGE OF SECONDHAND OR PREVIOUSLY-USED MATERIALS When secondhand bedding or previously-used materials that have not been sanitized are stored in a bedding manufacturing establishment, a sanitizing business, a retail outlet, a distribution warehouse, and in the …

02 ncac 61 .0107 NON-TRANSFERABLE REGISTRATION Upon receipt of the application form set forth in Rule .0109 of this Chapter, the Division shall issue a registration number to all persons manufacturing or sanitizing bedding in this State or manufacturing bedding to be sold in this…

02 ncac 61 .0108 TRANSFER OF MANUFACTURERS' AND SANITIZERS' LICENSES (a) If any person to whom a manufacturer's license or sanitizer's license has been issued shall sell his or her manufacturing or sanitizing business he or she may transfer the license with the business in accord…

02 ncac 61 .0109 LICENSE FEES AND APPLICATIONS (a) Applications for a license shall be on a form provided by the Division and shall contain the following information: (1) the name of the business; (2) the physical address for the plant or operation; (3) the name, title, mailing a…

02 ncac 61 .0110 CANCELLATION OF LICENSES A license shall be issued to persons manufacturing or sanitizing bedding in this state or manufacturing bedding to be sold in this state in accordance with G.S. 106-65.103. When the person to whom the license was issued goes out of busine…

02 ncac 61 .0111 DURABLE MATERIALS FOR TAGS In addition to the requirements set forth in G.S. 106-65.99, identifying tags shall be of linen, muslin, white vellum cloth, or other durable material that will not flake when abraded or be torn. Paper or plastic face tags shall not be …

02 NCAC 61 .0112 SEVERABILITY History Note: Authority G.S. 106-65.107; Eff. April 1, 1984; Transferred from 15A NCAC 18B .0212 Eff. May 1, 2012; Repealed Eff. March 1, 2021.

02 NCAC 61 .0113 EFFECTIVE DATE OF LICENSES The licenses issued pursuant to these Rules shall be valid from the first day of March of any calendar year through the last day of February of the following year, except for partial year licenses issued in accordance with G.S. 106-65.1…

SECTION .0200 - GENERAL PROVISIONS 03 NCAC 01 .0201 DEFINITION History Note: Authority G.S. 147-64.9; Eff. February 1, 1976; Rule Expired on July 17, 2014 for failure to report pursuant to G.S. 150B-21.3A.(b).

Section .0300 – Petition for Rulemaking 03 NCAC 01 .0301 PETITIONS FOR RULEMAKING (a) Any person may request the adoption of a new rule, or the amendment or repeal of an existing rule promulgated by the Office of the State Auditor by addressing a petition to the Rulemaking Coordi…

CHAPTER 01 - DEPARTMENTAL RULES SUBCHAPTER 01A - ORGANIZATION SECTION .0100 - GENERAL IDENTIFICATION AND PURPOSES 04 NCAC 01A .0101 NAME AND ADDRESS History Note: Authority G.S. 143A-171; 150B-10; Eff. February 1, 1976; Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

04 NCAC 01A .0102 GENERAL PURPOSES History Note: Authority G.S. 143A-6(b),(c); 143A-8; 143A-171; 143A-172; 150B-10; Eff. February 1, 1976; Repealed Eff. March 1, 1985.

SUBCHAPTER 01B - RULE-MAKING HEARINGS: EMERGENCY RULES: AND DECLARATORY RULINGS SECTION .0100 - RULE-MAKING HEARINGS AND EMERGENCY RULES 04 NCAC 01B .0101 PETITIONS (a) Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Secretary…

04 NCAC 01B .0102 DISPOSITION OF PETITIONS (a) The secretary will determine, based on a study of the facts stated in the petition whether the public interest will be served by granting it. Prior to making this determination, he may request additional information from the petition…

04 NCAC 01B .0103 NOTICE (a) Upon a determination to hold a rule-making hearing, either in response to a petition or otherwise, the Secretary will give at least 10 days notice to all interested parties of a public hearing on the proposed rule. (b) Any person or agency desiring to…

04 NCAC 01B .0104 HEARINGS: LOCATION OF Unless otherwise stated in a particular rule-making notice, hearings before the Secretary of the Department of Commerce will be held at the secretary's office, in Raleigh, North Carolina. History Note: Authority G.S. 150B-12; Eff. February …

04 NCAC 01B .0105 REQUEST TO PARTICIPATE (a) Any person desiring to present oral data, views, or arguments on the proposed rule must, at least five days before the hearing, file a notice with: Secretary, Department of Commerce 4301 Mail Service Center Raleigh, North Carolina 2769…

04 NCAC 01B .0106 WRITTEN SUBMISSIONS Any person may file a written submission containing data, comments or arguments, after publication of a rule-making notice up to, and including, the day of the hearing unless a longer period is stated in the particular notice or an extension …

04 NCAC 01B .0107 PRESIDING OFFICER: POWERS AND DUTIES The presiding officer at the hearing shall have complete control of the proceedings, including: extensions of any time requirements, recognition of speakers, time allotments for presentations, direction of the flow of the dis…

04 NCAC 01B .0108 STATEMENT OF REASONS FOR DECISION Any interested person desiring a concise statement of the principal reasons for and against the adoption of the rule by the secretary's office and the factors that led to overruling the considerations urged against its adoption,…

04 NCAC 01B .0109 RECORD OF PROCEEDINGS History Note: Authority G.S. 150B-12; Eff. February 1, 1976; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

04 NCAC 01B .0110 TEMPORARY RULES History Note: Authority G.S. 150B-13; Eff. February 1, 1976; Repealed Eff. July 16, 1988 in accordance with G.S. 150B-59(c).

SECTION .0200 - DECLARATORY RULINGS 04 NCAC 01B .0201 REQUEST FOR A DECLARATORY RULING (a) Any person substantially affected by a statute administered or rule promulgated by the secretary's office of the Department of Commerce may request a declaratory ruling as to: (1) whether, …

04 NCAC 01B .0202 DISPOSITION OF REQUESTS (a) Whenever the secretary believes for good reason that the issuance of a declaratory ruling is undesirable, he may refuse to do so. When good reason for refusing to issue a declaratory ruling is deemed to exist, the secretary will notif…

04 NCAC 01B .0203 RECORD OF DECISION A record of all declaratory ruling proceedings will be maintained in the secretary's office for as long as the ruling is in effect and for one year thereafter. This record will contain: the petition, the notice, all written submissions filed i…

04 NCAC 01B .0204 DEFINITION For purposes of Rule .0203 of this Section, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Department of Commerce changes the declarato…

SUBCHAPTER 01C - PERSONNEL RULES SECTION .0100 - AFFIRMATIVE ACTION PROGRAM 04 NCAC 01C .0101 POLICY STATEMENT (a) The policy of this department is to provide equal employment opportunities to all applicants for state employment and to provide training, compensation, promotion, a…

SUBCHAPTER 01E - INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS SECTION .0100 - PURPOSE AND DEFINITIONS 04 NCAC 01E .0101 PURPOSE OF SUBCHAPTER The purpose of this Subchapter is to set out the procedures and criteria by and under which the Secretary of the Department of Commerce …

04 NCAC 01E .0104 OPERATOR (a) An "operator" shall mean the persons or corporate entity entitled to the use or occupancy of a project. Where all or virtually all of the stock in one corporate entity is owned (either directly or indirectly) by another corporation (i.e., a relation…

04 NCAC 01E .0105 OBLIGOR History Note: Authority G.S. 159C-3(7); 159C-7; Eff. August 2, 1976; Repealed Eff. March 1, 1985.

04 NCAC 01E .0106 DEPARTMENT The term "department" shall mean the Department of Commerce. History Note: Authority G.S. 159C-7; Eff. August 2, 1976; Amended Eff. June 7, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016…

04 NCAC 01E .0107 SECRETARY The term "secretary" shall mean the Secretary of the Department of Commerce, or his appointed designee. History Note: Authority G.S. 159C-7; Eff. August 2, 1976; Amended Eff. June 7, 1977; Pursuant to G.S. 150B-21.3A, rule is necessary without substant…

04 NCAC 01E .0108 AUTHORITY The term "authority" shall mean an authority created pursuant to North Carolina General Statutes Section 159C-4. History Note: Authority G.S. 159C-4; Eff. August 2, 1976; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interes…

SECTION .0200 - APPLICATION PROCEDURES 04 NCAC 01E .0201 GENERALLY This Section provides the application procedures which shall be followed, including data and information submissions, before the secretary will make his final decision relative to project approval. History Note: A…