reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0105 - GRANT APPLICATION REVIEW AND APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The secretary of the department shall receive and review
					 grant applications for water resources development projects.
If the proposed project described in the application is not
					 subject to environmental review under federal law, the department shall follow
					 environmental review procedures established under the State Environmental
					 Policy Act.
After review of grant applications, the secretary shall
					 forward those approved or approved in part to the Advisory Budget Commission,
					 which shall review the recommendations for the transfer of funds from the
					 department's reserve fund into accounts for specific projects. After review by
					 the Advisory Budget Commission, project funds shall be disbursed and monitored
					 by the Department of Environment, Health, and Natural Resources (as described
					 in Rule .0106 of this Section).
Authority
					 G.S.
					 113A-4;
					 143-215.3(a)(1);
					 143-215.72;
					 143-215.73;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1991; July 1, 1988;
					 October 1, 1984; April 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0106 - GRANT PAYMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
When state cost-sharing for the water resource development
					 project has been approved by the department and reviewed by the Advisory Budget
					 Commission, the department shall pay its portion of the non-federal costs of a
					 federal project when requested by the sponsoring federal agency and shall pay
					 its portion of the costs of a non-federal project when the project has been
					 completed, unless the local political subdivision or unit of government
					 requests a partial payment in writing. A portion of the funds, normally 10
					 percent, will not be paid until the project has been inspected and is
					 complete.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.73;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; October 1, 1984; April
					 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0107 - SPECIAL BEACH EROSION CONTROL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following requirements are applicable to any beach
					 erosion control or hurricane protection project in which the state participates
					 by action of the department:
(1)
				  Before the start of project construction, the sponsoring local government(s)
				  will establish land-use controls to conserve protective dunes and to insure
				  that the damage potential is not significantly increased by further
				  development. Such land use controls must meet or exceed all requirements of the
				  state guidelines for Areas of Environmental Concern (15A NCAC
				  07H) and be consistent with the approved
				  local land use plan prepared under the provisions of the state guidelines for
				  Land Use Planning (15A NCAC 07B).
(2) The sponsoring local government must
				  provide adequate public access to the project area. All such accessways must be
				  designed to adequately protect the beach and dune system.
(3) No beach erosion control project shall
				  significantly interfere with or create a hazard to public enjoyment of the
				  beach.
(4) Any building line
				  established as a part of a beach erosion control project shall not be seaward
				  of the oceanfront setback line as established in
				  15A NCAC
				  07H .0306(a) GENERAL USE
				  STANDARDS FOR OCEAN HAZARD AREAS.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.71;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1983;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0108-0112

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-354;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. April 1, 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0200 - STATE STANDARDS FOR NON FEDERAL PROJECTS › Section 02G .0201-0207

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-354;
Eff. February 1,
					 1976;
Amended Eff. November 1, 1978;
Repealed Eff.
					 April 1, 1983.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0300 - BEACH PROJECT REVOLVING FUND ADVANCES › Section 02G .0301-.0304 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.62;
Eff. February 1,
					 1976;
Amended Eff. October 1, 1984; November 1, 1978;
Expired Eff. March 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0300 - BEACH PROJECT REVOLVING FUND ADVANCES › Section 02G .0305 - REPEALED - EXISTING CONTRACTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.62;
Eff. February 1,
					 1976;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0400 - FLOODWAY ESTABLISHMENT › Section 02G .0401 - REPEALED - STATUTORY AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.56;
Eff.
					 February 1, 1976;
Repealed Eff. October 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0400 - FLOODWAY ESTABLISHMENT › Section 02G .0402 - EXPIRED - FORM

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.56;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; October 1,
					 1984;
Expired Eff. March 1, 2019 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0501 - INTRODUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
To increase the availability of municipal and industrial
					 water supplies, the State of North Carolina requested the U.S. Army Corps of
					 Engineers to designate 32.62 percent of the Jordan Lake conservation storage,
					 between the elevations 202 mean sea level (msl) and 216 msl, as water supply
					 storage.
The State, acting through the Environmental Management
					 Commission, will assign to local governments having a need for water supply
					 capacity any interest held by the State in such storage, with proportional
					 payment by the user to the State for the state's associated capital, interest,
					 administrative and operating costs.
Upon signing the water supply storage contract with the
					 U.S. Army Corps of Engineers, the Commission will apply the following
					 procedures in allocating Jordan Lake water supply storage.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.38 through
					 143-215.43;
					 143-354(a)(11);
					 143B-282;
Eff. March
					 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0502 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used throughout this Subchapter:
(1) "Capital costs" means initial costs of
				  the project;
(2) "Commission" means
				  Environmental Management Commission;
(3) "Department" means the North Carolina
				  Department of Natural Resources and Community Development;
(4) "Division" means the Division of Water
				  Resources;
(5) "Effective date of
				  allocation" means the date the Commission approves the allocation;
(6) "Interest costs" means interest accrued
				  on the unpaid balance;
(7) "Local
				  government" means any city, county, authority, sanitary district, metropolitan
				  water district, or other local unit;
(8) "Operating costs" means Jordan Lake's
				  state and federal operating, maintenance, replacement, and administrative costs
				  associated with water supply storage;
(9) "State" means the state of North
				  Carolina; and
(10) "Water supply
				  storage" means storage of water for municipal or industrial use.
Authority
					 G.S.
					 143-354(a)(11);
Eff. March 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0503 - FORMAL APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  may receive initial allocation requests from local governments beginning on
				  this Section's effective date. In order to be reviewed, applications must
				  contain the following information:
(1)
				  Projected population and water use, including a detailed map of the existing
				  and projected water service areas;
(2) A listing of water sources presently
				  available, including estimated yields of these sources;
(3) An analysis of the yield, quality, and
				  cost of alternative sources of water supply other than Jordan Lake that could
				  meet or partially meet projected needs, including regionalization of
				  systems;
(4) A description of
				  conservation and demand-management practices to be used;
(5) An outline of plans to use water from
				  Jordan Lake, including proposed location of intake and water treatment
				  plant(s), location of wastewater treatment plant(s), any proposed sharing of
				  facilities or other cooperative arrangements with other local governments, and
				  a proposed schedule of development;
(6) A plan for monitoring the quality of the
				  raw and finished water in accordance with the requirements of North Carolina's
				  Department of Human Resources and the U.S. Environmental Protection
				  Agency;
(7) The estimated cost of
				  developing water supply facilities at Jordan Lake, also costs of alternative
				  sources of supply; and
(8) A letter
				  of intent to enter into a financial commitment for Jordan Lake water
				  storage.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0505 - NOTIFICATION AND PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Commission will notify applicants of the decisions made regarding their
				  allocation requests.
(b) Recipients
				  of Level I allocations are required to pay a proportional share of the state's
				  total water supply storage capital and interest costs over a term suitable to
				  the recipient and the Commission, but by 2012. Interest rates will vary with
				  the payback term, and will be based on the state recovering the total federal
				  capital and interest costs associated with water supply storage by 2012. After
				  2012, the Commission may review and adjust repayment requirements to assure
				  equitable and efficient allocation of the resource. Level I recipients are also
				  required to pay annually a proportional share of operating costs.
(c) Holders of Level II allocations are
				  required to pay a proportional share of the project's water supply storage
				  interest and operating costs.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-354(a)(11);
					 143B-282;
Eff. March
					 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0506 - RECIPIENTS' REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Holders of Level I allocations must provide documentation meeting the
				  requirements of the North Carolina Environmental Policy Act,
				  G.S.
				  113A-1 thru 113A-10, at the time the holders
				  propose to build facilities to use water from Jordan Lake. Such documentation
				  shall include the environmental impacts of the proposed withdrawal, treatment,
				  distribution, and disposal of the holders' allocated water.
(b) Local governments must install and
				  maintain suitable meters for the measurement of water withdrawn, report these
				  withdrawals to the department on a monthly basis, and obtain the department's
				  approval for the design, location, and installation of associated withdrawal
				  facilities.
(c) Holders of Level I
				  and Level II allocations must pay the required capital, interest, and operating
				  costs when due.
Authority
					 G.S.
					 113A-1 through
					 113A-10;
					 143-215.3(a)(1);
					 143-354(a)(11);
					 143B-282;
Eff. March
					 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0500 - ALLOCATION OF JORDAN LAKE WATER SUPPLY STORAGE › Section 02G .0507 - LOSS OF ALLOCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				  will review the Level I and Level II allocations at five year intervals,
				  beginning on the effective date of the first allocation.
(b) Level I allocations will be reviewed for
				  possible reassignment if the recipient does not begin to withdraw water within
				  five years of the effective date of allocation or is not using and withdrawing
				  the water as proposed in the application.
(c) Level I and Level II allocations will be
				  rescinded upon failure by the local government to meet the regulation
				  requirements in .0506 (a), (b), and (c).
(d) The Commission may adjust, reassign, or
				  transfer interests in water supply storage held by local governments, if
				  indicated by an investigation of needs or changes in the project's water supply
				  storage capacity. Capital, interest, and operating costs will be equitably
				  adjusted to reflect the allocation recipients' proportion of total capacity.
Holders of Level I and Level II allocations will receive
					 appropriate refunds for any payments made if their allocations are adjusted,
					 reassigned, or otherwise amended with the approval of the Commission. Rescinded
					 allocations will not be refunded.
(e) The Commission shall hold a public
				  meeting to obtain comments and information regarding the proposed loss of
				  allocation.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-354(a)(11);
					 143B-282;
Eff. March
					 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0600 - AQUATIC WEED CONTROL › Section 02G .0601 - REPEALED - THE AQUATIC WEED CONTROL ACT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 106-420;
					 113A-222;
					 113A-223;
					 113A-224;
Eff.
					 September 1, 1992;
Repealed Eff. April 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0600 - AQUATIC WEED CONTROL › Section 02G .0602 - NOXIOUS AQUATIC WEED LIST

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary of the Department of Environment and Natural
					 Resources has designated the following plants as noxious aquatic weeds:
(1) Species Listed on the Federal Noxious
				  Weed List.
Azolla pinnata R. Brown - Pinnate mosquitofern
Eichhornia azurea (Sw.) Kunth - Anchored
					 waterhyacinth
Hydrilla verticillata (L.f.) Royle - Hydrilla
Hygrophila polysperma (roxb.) T. Anderson - Indian
					 hygrophila
Ipomoea aquatica Forsk. - Swamp morning glory, water
					 spinach
Lagarosiphon major (Ridley) Moss - African elodea
Limnophila sessiliflora (Vahl) Blume-Limnophila
Melaleuca quinquenervia (Cav.) Blake-Melalucea
Monochoria hastata (L.) Solms - Arrowleaved
					 monochoria
Monochoria vaginalis (Burm. f.) Kunth - Monochoria
Sagittaria sagittifolia L. - Arrowhead
Salvinia auriculata Aubl. - Giant salvinia
Salvinia biloba Raddi - Giant salvinia
Salvinia herzogii de la Sota - Giant salvinia
Salvinia molesta Mitch. - Giant salvinia
Sparganium erectum L. - Branched burreed
Stratiotes aloides L. - Crab's claw, Water-aloe
(2) Additional species.
Alternanthera philoxeroides (Mart.) Griseb -
					 Alligatorweed
Crassula helmsii (Kirk) - Swamp stonecrop
Egeria densa Planch. - Brazilian elodea, Anacharis
Eichhornia crassipes (Mart.) Solms. -Water hyacinth
Lagarosiphon spp. (All species) - African elodea
Ludwigia hexapetala (Hooker & Arnott) Zardi. - Uruguay
					 waterprimrose, Creeping waterprimrose
Lythrum salicaria L. - Purple loosestrife
Myriophyllum aquaticum (Vell.) Verdc. -
					 Parrotfeather
Myriophyllum spicatum L. - Eurasian watermilfoil
Najas minor All. - Brittleleaf naiad, Slender naiad
Phragmites australis (Cav.) Trin. ex Steud. - Common
					 reed
Pistia stratiotes L. - Water lettuce
Salvinia spp. (All except S. rotundifolia) - Water
					 fern
Trapa spp. (All species) - Water chestnut
Authority
					 G.S.
					 113A-222;
Eff. September 1,
					 1992;
Amended Eff. April 1, 2006;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The Rules of this Section set forth the requirements and
					 procedures for application and issuance of state permits pursuant to
					 G.S.
					 143-215.1, for the control of point sources
					 of water pollution. These Rules apply to the following state permits and
					 authorizations:
(1) NPDES permits for
				  the discharge of waste or stormwater from an outlet, point source, or disposal
				  system to surface waters of the state;
(2) NPDES permits for the discharge of
				  stormwater;
(3) authorizations or
				  permits for the construction, entering a contract for construction, and
				  operation of treatment works with such a discharge; and
(4) permits for the discharge of waste from a
				  pretreatment facility to a disposal system that discharges to surface waters of
				  the state.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. August 3, 1992; August 1, 1988;
					 October 1, 1987; December 1, 1984;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0102 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Rules in this Section apply to all
				  persons:
(1) discharging or proposing to
				  discharge waste, directly or indirectly, from a point source to the surface
				  waters of the state;
(2)
				  constructing or proposing to construct a treatment or pretreatment works with a
				  discharge as described in Subparagraph (1) of this Paragraph;
(3) operating or proposing to operate a
				  treatment works with a discharge as described in Subparagraph (1) of this
				  Paragraph; or
(4) discharging or
				  proposing to discharge stormwater that results in water pollution.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0104 - REPEALED - REQUIRED PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.1(a);
Eff. February 1, 1976;
Amended Eff. December 1, 1984;
Repealed Eff. November 1, 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0105 - APPLICATION: PERMIT FEES: ASSESSMENT FOR NEW SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permit Applications.
(1) Except as provided in Paragraphs (d) and
				  (e) of this Rule, any person who discharges or who proposes to discharge
				  pollutants to the surface waters of the state or to a POTW when pretreatment of
				  the wastewater is required shall complete, sign, and submit to the Director
				  three copies of its permit application as described in this Rule or one copy of
				  the application if submitted electronically in accordance with 40 CFR Parts 3
				  and 127.
(2) Application for state
				  NPDES or pretreatment permits shall be made on EPA application forms. EPA forms
				  can be accessed free of charge at
https://www.epa.gov/npdes/npdes-applications-and-forms
.
(3) Notice of Intent to seek coverage under a
				  general NPDES permit shall be made in accordance with Rule .0127 of this
				  Section.
(4) Where the Division is
				  the control authority, application for pretreatment permits shall be made in
				  accordance with
				  15A NCAC
				  02H .0916(b) and shall
				  include the information required in Subparagraph (c)(1) of that Rule.
(5) Application for Authorization to
				  Construct permits shall be made in accordance with Rule .0138 of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0106 - FILING APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permit
				  applications shall be filed with the Director, Division of Water Resources. The
				  Director's mailing address is 1617 Mail Service Center, Raleigh, North
				  Carolina, 27699-1617.
(b) All NPDES
				  permit applications, except those addressed in Paragraph (d) of this Rule,
				  shall be filed at least 180 days before the date on which the discharge is to
				  commence and, thereafter, at least 180 days before the expiration date of the
				  existing permit. The director may grant permission for a later date on a
				  case-by-case basis.
(c) All
				  Authorization to Construct applications shall be filed at least 90 days in
				  advance of the proposed commencement date of construction of water pollution
				  control facilities but no earlier than the establishment of effluent
				  limitations.
(d) All NPDES
				  stormwater construction permit applications shall be filed in advance of the
				  proposed commencement date of land disturbing activity that results in a
				  stormwater discharge.
(e) Permit
				  applications filed with the Director shall be signed as follows:
(1) in the case of corporations, by a
				  principal executive officer of at least the level of vice-president, or his or
				  her authorized representative, if such representative is responsible for the
				  overall operation of the facility from which the discharge described in the
				  permit application form originates;
(2) in the case of a partnership or a limited
				  partnership, by a partner;
(3) in
				  the case of a sole proprietorship, by the proprietor; and
(4) in the case of a municipal, state, or
				  other public entity by either a principal executive officer, elected official,
				  or other duly authorized employee.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0107 - STAFF REVIEW AND EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director is authorized to accept applications for the Commission and shall
				  refer all applications to the staff for review and evaluation. Additionally,
				  the Director shall refer NPDES Permit applications for the discharge of waste
				  into waters classified as sources of public water supply (WS classification)
				  and shellfish waters classified SA to the Public Water Supply Section, Division
				  of Water Resources, and the Shellfish Sanitation Program, Division of Marine
				  Fisheries, respectively, both of the Department of Environmental Quality, and
				  shall not take final action on such applications until receiving written
				  confirmation that the proposed discharge is acceptable.
(b) The Director shall acknowledge receipt of
				  an NPDES or Authorization to Construct permit application upon verifying that
				  the application is administratively complete, that is, includes the completed
				  and signed application forms specified in Rule .0105(a) of this Section, any
				  necessary supplemental information, and any associated fees, in accordance with
				  Rules .0105 and .0106 of this Section.
(1) If
				  an application is not administratively complete, the Director shall either
				  return the application to the applicant as incomplete or request the additional
				  information required. If additional information is requested, the applicant
				  shall be given up to 60 days to provide the information to make the application
				  complete.
(2) If technical review
				  of the application reveals that additional information is necessary for staff
				  to evaluate the proposed discharge, the Director shall notify the applicant of
				  the additional information required. The applicant may be given up to 60 days
				  to provide the information to make the application complete.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0108 - FACT SHEETS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For all
				  discharges that do not qualify for a general NPDES permit and that have a total
				  volume of 500,000 or more gallons on any day, a fact sheet providing a summary
				  of the application shall be prepared by the staff and made available upon
				  request following issuance of the public notice provided in accordance with
				  Rule .0109 of this Section. The contents of such fact sheets shall include at
				  least the following information:
(1) a
				  sketch, map, or description of the location of the facility and any waste
				  outlet identified in the application;
(2) a quantitative and qualitative
				  description of the discharge described in the application that includes at
				  least the following:
(A) the rate or frequency
				  of the proposed discharge; if the discharge is continuous, the average daily
				  flow in gallons per day or million gallons per day;
(B) for thermal discharges subject to
				  limitation under the Clean Water Act,
				  33 U.S.C. Section
				  1251 et seq., the average summer and winter
				  temperatures in degrees Fahrenheit;
(C) the average daily discharge in pounds per
				  day of any pollutants that are subject to limitations or prohibition;
				  and
(D) the type and
				  characteristics of the wastes to be discharged.
(3) the tentative determinations required
				  under Rule .0107 of this Section;
(4) a citation of the water quality standards
				  and effluent standards and limitations applied to the proposed discharge,
				  including the uses for which the receiving waters have been classified;
				  and
(5) a more detailed description
				  of the procedures for the formulation of final determinations than that given
				  in a public notice including:
(A) the 30-day
				  comment period required by Rules .0109 and .0111 of this Section;
(B) procedures for requesting a public
				  hearing in accordance with Rule .0111 of this Section, and the nature thereof;
				  and
(C) any other procedures by
				  which the public may participate in the formulation of the final
				  determinations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0109 - PUBLIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Notice of
				  Application
(1) The Director shall provide
				  public notice of each tentative determination to issue or deny an individual or
				  general NPDES permit as follows:
(A) by
				  publishing the notice one time in a newspaper having general circulation in
				  said county, in accordance with
				  G.S.
				  143-215.1(c)(2);
				  and
(B) by mailing the notice or
				  transmitting the notice electronically to all persons or agencies listed in
				  Paragraphs (c) and (d) of this Rule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0110 - REPEALED - RESPONSE TO PUBLIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.1(c)(3);
					 143-215.3(a)(3);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. November 1,
					 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0111 - PUBLIC HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public
				  Hearings:
(1) Any person who desires a public
				  hearing on any NPDES permit application shall submit a request to the Director
				  in accordance with
				  G.S.
				  143-215.1(c)(3). Any such
				  request or petition for public hearing shall indicate the interest of the party
				  filing such request and the reasons why a hearing is warranted.
(2) The Director shall determine whether a
				  public hearing is warranted in accordance with
				  G.S.
				  143-215.1(c)(3) and, if a
				  hearing is warranted, shall issue public notice and conduct such hearing for
				  the Commission. The Director may hold one or more hearings to consider an NPDES
				  permit application or to consider a group of related NPDES permit applications,
				  such as for facilities of similar type or location or subject to similar permit
				  requirements.
(3) All comments
				  received within 30 days following the publication date of the notice of NPDES
				  permit application shall be made part of the application file and shall be
				  considered by the Director prior to taking final action on the
				  application.
(4) Any hearing
				  brought pursuant to this Paragraph shall be held in the geographical area of
				  the proposed discharge except that the Director may choose one or more
				  alternative locations in the interest of facilitating public participation. If
				  two or more hearings are held for a single permit application or for groups of
				  similar applications, the hearings shall be located so as to provide for public
				  participation across the geographical area of the permits.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0112 - FINAL ACTION ON PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall take final action on all NPDES applications in accordance
				  with G.S.
				  143-215.1(c)(4). In the case
				  of an Authorization to Construct permit, the Director shall take final action
				  within 90 days after the receipt of a complete application; or, if a public
				  hearing is held concerning the Authorization to Construct, within 90 days
				  following the closing of the record of the hearing.
(b) The Director shall:
(1) issue a permit containing such conditions
				  as are necessary to effectuate the purposes of
				  G.S.
				  143-215.1 and
				  G.S.
				  143-215.67;
(2) issue a permit containing time schedules
				  for achieving compliance with applicable effluent standards and limitations,
				  water quality standards, and other legally applicable requirements;
(3) modify or revoke any permit upon giving
				  60 days notice to the person affected pursuant to Rule .0114(a) of this
				  Section;
(4) rescind a permit upon
				  request by the permittee; or
(5)
				  deny a permit application:
(A) where necessary
				  to effectuate the purposes of Article 21 Chapter 143;
(B) for a discharge prohibited by
				  G.S.
				  143-214.2(a);
(C) where the Secretary of the Army finds the
				  discharge would substantially impair anchorage and navigation;
(D) for a discharge to which the regional
				  administrator of EPA has objected as provided in Section 402(d) of the Clean
				  Water Act as amended, 33
				  U.S.C. Section 1251 et seq.; and
(E) for any point discharge that conflicts
				  with a plan approved pursuant to Section 208(b) of the Clean Water Act as
				  amended, 33 U.S.C. Section
				  1251 et seq.; effective February 4,
				  1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0113 - NOTIFICATION OF APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
The Director shall notify an applicant of the final
					 decision of the applicant's permit application. Notifications of denial shall
					 be made by certified mail and shall specify the reasons for the denial and the
					 changes required to obtain the permit.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. October 1, 1987;
Readopted Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0114 - MODIFICATION AND REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any permit issued pursuant to this Section is subject to revocation or
				  modification in whole or part pursuant to
				  40 CFR
				  122.62 or for any of the following:
(1) violation of any terms or conditions of
				  the permit;
(2) obtaining a permit
				  by misrepresentation or failure to disclose all facts;
(3) a change in any condition that requires
				  either a temporary or permanent reduction or limitation of the permitted
				  discharge;
(4) refusal of the
				  permittee to permit the Director or his or her authorized representative upon
				  presentation of credentials:
(A) to enter
				  upon permittee's premises in which an effluent source is located or in which
				  any records are required to be kept under terms and conditions of the
				  permit;
(B) to have access to any
				  copy and records required to be kept under terms and conditions of the
				  permit;
(C) to inspect any
				  monitoring equipment or method required in the permit; or
(D) to sample any discharge of
				  pollutants;
(5) failure
				  to pay the annual permit fee in accordance with Rule .0105 of this
				  Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0116 - REPEALED - EMERGENCY PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(8);
					 143-215.3(a)(12);
					 143-215.6C;
					 143-215.13(d);
Eff. February 1, 1976;
Amended Eff. December 1, 1984; November 1,
					 1978;
Repealed Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0117 - INVESTIGATIONS: MONITORING: AND REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Staff of the Department of Environmental Quality may conduct any investigations
				  as provided in
				  G.S.
				  143-215.3(a)(2), (7), and
				  (9) for the purpose of determining compliance
				  with water quality standards, effluent limitations, permit conditions and these
				  Rules.
(b) Any person subject to
				  the provisions of
				  G.S.
				  143-215.1 shall comply with the monitoring
				  and reporting requirements of Rules in Section
				  15A NCAC
				  02B .0500.
(c) Any person subject to the provisions of
				  G.S.
				  143-215.1 shall allow the Director or his or
				  her authorized representative:
(1) to enter
				  upon permittee's premises in which an effluent source is located or in which
				  any records are required to be kept under terms and conditions of the
				  permit;
(2) to have access to any
				  copy and records required to be kept under terms and conditions of the
				  permit;
(3) to inspect any
				  monitoring equipment or method required in the permit; or
(4) to sample any discharge of
				  pollutants.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0118 - EFFLUENT LIMITATIONS AND STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
Any state NPDES permit shall contain effluent limitations
					 and standards required by
					 15A NCAC
					 02B .0400 and the Clean Water Act, which is
					 hereby incorporated by reference including any subsequent amendments and
					 editions.
					 15A NCAC
					 02B .0400 contains the effluent standards and
					 limitations for ensuring compliance with Sections 301, 302, 306, and 307 of the
					 Clean Water Act (33 USC
					 1251, et seq.). For water quality limited
					 stream segments, the rules provide that effluent limitations be calculated by
					 the staff, and approved by the Director, to comply with Section 301(b)(1)(C) of
					 the federal act. The state rules can be accessed free of charge at
http://www.oah.state.nc.us/rules/
.
					 The Clean Water Act (33
					 U.S.C. 1251, et seq.) can be accessed free of
					 charge at
http://www.gpo.gov/fdsys/
.
Authority
					 G.S.
					 143-213(23);
					 143-215;
					 143-215.1(b)(1);
					 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. March 1, 1993; November 1,
					 1987;
Readopted Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0119 - REPEALED - DISCHARGES OF 50,000 GALLONS PER DAY OR LESS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. December 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0120 - LIMITATION ON DELEGATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Director may delegate any or all of the functions
					 contained in this Section except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by
				  the permittee;
(3) modification of
				  a permit where initiated by the Division and that does not fall within the
				  exceptions listed in Rule .0114(b) of this Section; or
(4) determination of confidentiality pursuant
				  to G.S. 132 and 143-215.3C.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. March 1, 1993;
Readopted Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0121 - SUSPENSION OF REQUIREMENT FOR STATE NPDES PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An NPDES Permit issued by the U.S.
				  Environmental Protection Agency shall serve in lieu of a State Permit under
				  Rule .0104 of this Section and
				  G.S.
				  143-215.1 so long as the Federal Permit
				  remains in effect.
(b) Nothing in
				  this Rule shall prevent the Commission from enforcing laws and regulations that
				  by their terms are applicable without a
				  G.S.
				  143-215.1 permit.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(1);
					 143B-282;
Eff.
					 December 1, 1976;
Amended Eff. December 1, 1984;
Readopted Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0122 - .0123

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-213(24);
					 143-215;
					 143-215.1;
					 143-215.3(a)(1);
					 143-215.3(a)(I)(4);
Eff. December 1, 1976;
Amended Eff. March 1, 1993; October 1, 1987;
					 December 1, 1984; June 7, 1981;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0124 - RELIABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
All facilities shall provide adequate reliability measures
					 to ensure continued treatment and disinfection where the interruption of such
					 treatment would result in a discharge of insufficient quality to protect the
					 best intended uses of the affected surface waters. The reliability measures
					 shall include the following:
(1) For
				  new or hydraulically expanding facilities with mechanically operated
				  components, and for any facility that mathematical modeling or other analysis
				  determines would impact surface waters if treatment were interrupted, multiple
				  (dual at a minimum) components such as pumps, chemical feed systems, aeration
				  equipment and disinfection equipment;
(2) At least one of the following:
(a) dual or standby power supply on site;
				  or
(b) approval by the Director
				  that the facility:
(i) serves a private water
				  distribution system that has automatic shut-off at power failure and no
				  elevated water storage tanks and has sufficient storage capacity that no
				  potential for overflow exists; or
(ii) can tolerate septic wastewater due to
				  prolonged detention and would not threaten the best intended uses of the
				  affected waters as a result of power failure; or
(c) provided that the waters that would be
				  impacted by a power failure are classified as C Waters, a demonstration by the
				  applicant of:
(i) a history of power
				  reliability that would demonstrate that an alternative power source would not
				  be needed; or
(ii) other measures
				  would provide comparable assurances that surface waters will not be impacted
				  during power failures;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0125 - PERMIT REQUIREMENTS FOR PEAT MINING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person who discharges or proposes to discharge pollutants from a peat
				  mining operation to the surface waters of the state shall apply for, obtain,
				  and comply with an NPDES permit for the discharge per the rules of this
				  Section. Application shall be made to the Division in accordance with Rule
				  .0105 of this Section. The application shall also include the following
				  information:
(1) a list of and copies of all
				  permits required by G.S. 143 215.1 for the project site, or copies of the
				  applications submitted for those permits, including permits for waste disposal
				  for sanitary facilities, on-site power plants, or energy conversion
				  facilities;
(2) supporting
				  information to evaluate compliance with the requirements of this Rule,
				  including maps, diagrams, calculations, assumptions, engineering
				  specifications, and documentation of any proposed deed restrictions, easements,
				  contracts, performance bonds, or other legal mechanisms intended to ensure long
				  term effectiveness of proposed control and mitigation measures; and
(3) other information required by this
				  Rule.