reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter N - CRITERIA AND STANDARDS APPLICABLE TO UNDERGROUND STORAGE TANKS › Section .0900 - PERFORMANCE STANDARDS FOR UST SYSTEM OR UST SYSTEM COMPONENT INSTALLATION OR REPLACEMENT COMPLETED ON OR AFTER NOVEMBER 1, 2007 › Section 02N .0904 - PIPING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Piping, with the exception of flexible
				  connectors and piping connections, shall be pre-fabricated with double-walled
				  construction. Any flexible connectors or piping connections that do not have
				  double-walled construction shall be installed in containment sumps that meet
				  the requirements of Rule .0905 of this Section.
(b) Piping, with the exception of metal flex
				  connectors and piping connections, shall meet the requirements of Subparagraph
				  (1) or (2) of this Paragraph. Metal flexible connectors and piping connections
				  shall be installed in containment sumps that meet the requirements of Rule
				  .0905 of this Section.
(1) Primary and
				  secondary piping are constructed of non-corroding materials and shall comply
				  with the Underwriters Laboratories Standard (UL) 971 standard "Nonmetallic
				  Underground Piping for Flammable Liquids" that is in effect at the time the
				  piping is installed. UL 971 "Standard for Nonmetallic Underground Piping for
				  Flammable Liquids" is hereby incorporated by reference, including subsequent
				  amendments and editions. A copy may be obtained from Underwriters Laboratories
				  at
https://www.shopulstandards.com/PurchaseProduct.aspx?UniqueKey=7936
at a cost of four hundred and two dollars ($402.00).
(2) Primary piping is constructed of
				  stainless steel and secondary piping is constructed of non-corroding materials
				  and shall comply with UL 971A "Outline of Investigation for Metallic
				  Underground Fuel Pipe." UL 971A "Outline of Investigation for Metallic
				  Underground Fuel Pipe" is hereby incorporated by reference, including
				  subsequent amendments and editions. A copy may be obtained from Underwriters
				  Laboratories at
https://www.shopulstandards.com/PurchaseProduct.aspx?UniqueKey=15373
at a cost of two hundred and twenty-five dollars ($225.00).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter N - CRITERIA AND STANDARDS APPLICABLE TO UNDERGROUND STORAGE TANKS › Section .0900 - PERFORMANCE STANDARDS FOR UST SYSTEM OR UST SYSTEM COMPONENT INSTALLATION OR REPLACEMENT COMPLETED ON OR AFTER NOVEMBER 1, 2007 › Section 02N .0905 - CONTAINMENT SUMPS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Containment
				  sumps shall be constructed of non-corroding materials.
(b) Containment sumps shall be designed and
				  manufactured expressly for the purpose of containing and detecting a
				  release.
(c) Containment sumps
				  shall be designed, constructed, installed, and maintained to prevent water
				  infiltration.
(d) Electronic sensor
				  probes used for release detection monitoring shall be located no more than two
				  inches above the lowest point of the containment sump.
(e) At installation, containment sumps shall
				  be tested for tightness after construction, but before backfilling. Tightness
				  testing shall be conducted in accordance with the manufacturer's written
				  guidelines and PEI/RP100, "Recommended Practice for Installation of Underground
				  Liquid Storage Systems." Other tightness test methods may be used if they are
				  approved by the Division. In approving a containment sump tightness testing
				  method the Division shall consider the following factors:
(1) the inner surface of the sump is tested
				  to at least four inches above the highest joint or penetration fitting,
				  whichever is higher; and
(2) the
				  method is capable of detecting a fracture, perforation or gap in the sump
				  within the specified test period.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter N - CRITERIA AND STANDARDS APPLICABLE TO UNDERGROUND STORAGE TANKS › Section .1000 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 02N .1001 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations governing "UST systems with
					 field-constructed tanks and airport hydrant fuel distribution systems" set
					 forth in 40 CFR
					 280.250 (Subpart K) are hereby incorporated
					 by reference.
Authority
					 G.S.
					 143-215.3(a)(15);
					 143B-282(a)(2)(h);
					 150B-21.6;
Eff. June
					 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter N - CRITERIA AND STANDARDS APPLICABLE TO UNDERGROUND STORAGE TANKS › Section .1000 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 02N .1002 - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations governing "General Requirements" set forth
					 in 40 CFR
					 280.251 (Subpart K) are hereby incorporated
					 by reference.
Authority
					 G.S.
					 143-215.3(a)(15);
					 143B-282(a)(2)(h);
					 150B-21.6;
Eff. June
					 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter N - CRITERIA AND STANDARDS APPLICABLE TO UNDERGROUND STORAGE TANKS › Section .1000 - UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS › Section 02N .1003 - ADDITIONS, EXCEPTIONS, AND ALTERNATIVES FOR UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations governing "Additions, exceptions, and
					 alternatives for UST systems with field-constructed tanks and airport hydrant
					 systems" set forth in 40 CFR
					 280.252 (Subpart K) are hereby incorporated
					 by reference, except that:
(1) piping
				  associated with UST systems with field-constructed tanks less than or equal to
				  50,000 gallons not part of an airport hydrant fueling system shall comply with
				  the requirements of Section .0900 of this Subchapter; and
(2) UST systems with field-constructed tanks
				  and airport hydrant systems shall comply with the spill and overfill prevention
				  requirements of Section .0900 of this Subchapter.
Authority
					 G.S.
					 143-215.3(a)(15);
					 143B-282(a)(2)(h);
					 150B-21.6;
Eff. June
					 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0100 - GENERAL CONSIDERATIONS › Section 02O .0101 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Owners and
				  operators of underground storage tank systems that are subject to regulation
				  pursuant to 40 CFR
				  280.10 and located in North Carolina shall
				  comply with the financial responsibility requirements in this
				  Subchapter.
(b) The Department of
				  Environmental Quality (Department), Division of Waste Management (Division)
				  shall administer the underground storage tank financial responsibility
				  compliance program for the State of North Carolina.
(c) Department staff may conduct inspections
				  to ensure compliance with this Subchapter.
Authority
					 G.S.
					 143-215.3(a)(15);
					 143-215.94H;
					 143B-282(a)(2)(h);
Eff. July 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0100 - GENERAL CONSIDERATIONS › Section 02O .0102 - FINANCIAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The governing Federal Regulations set forth below are
					 hereby incorporated by reference, excluding any subsequent amendments and
					 editions. Copies may be obtained at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no cost.
(1)
										40 CFR
				  280.90, "Applicability";
(2)
										40 CFR
				  280.91, "Compliance Dates";
(3)
										40 CFR
				  280.94, "Allowable Mechanisms and
				  Combinations of Mechanisms";
(4)
										40 CFR
				  280.96, "Guarantee";
(5)
										40 CFR
				  280.98, "Surety Bond";
(6)
										40 CFR
				  280.99, "Letter of Credit";
(7)
										40 CFR
				  280.102, "Trust Fund";
(8)
										40 CFR
				  280.103, "Standby Trust Fund";
(9)
										40 CFR
				  289.104, "Local Government Bond Rating
				  Test";
(10)
										40 CFR
				  280.105, "Local Government Financial
				  Test";
(11)
										40 CFR
				  280.106, "Local Government
				  Guarantee";
(12)
										40 CFR
				  280.107, "Local Government Fund";
(13)
										40 CFR
				  280.108, "Substitution of Financial Assurance
				  Mechanisms by Owner or Operator";
(14)
										40 CFR
				  280.109, "Cancellation or Nonrenewal by a
				  Provider of Financial Assurance";
(15)
										40 CFR
				  280.110, "Reporting by Owner or
				  Operator";
(16)
										40 CFR
				  280.112, "Drawing on Financial Assurance
				  Mechanisms"; and
(17)
										40 CFR
				  290.113. "Release from the
				  Requirements".
Authority
					 G.S.
					 143-215.3(a)(15); 143B
					 282(a)(2)(h);
Eff. July 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0100 - GENERAL CONSIDERATIONS › Section 02O .0103 - REPEALED - SUBSTITUTED SECTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 143-215.94T;
					 150B-21.6;
Eff. July
					 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Repealed Eff.
					 January 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0200 - PROGRAM SCOPE › Section 02O .0201-.0202

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94A;
					 143-215.94H;
					 143-215.94T;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0200 - PROGRAM SCOPE › Section 02O .0203 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The definitions
				  in 40 CFR
				  280.92 are hereby incorporated by reference,
				  except as modified below. The federal regulation may be accessed at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no charge.
(1) "Director of the
				  Implementing Agency" shall mean the Director of the Division of Waste
				  Management.
(2) "Financial
				  reporting year" shall be modified to allow a compilation report to be used to
				  support a financial test. The compilation report shall be prepared by a
				  Certified Public Accountant (CPA) or Certified Public Accounting Firm (CPA
				  Firm) as defined in
				  21 NCAC
				  08A .0301.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0200 - PROGRAM SCOPE › Section 02O .0204 - AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  143-215.94H(a)(2), owners or
				  operators shall maintain evidence of financial responsibility for taking
				  corrective action and for compensating third parties for bodily injury and
				  property damage caused by accidental releases arising from the operation of
				  petroleum underground storage tanks. The minimum financial responsibility that
				  shall be maintained per occurrence is determined by calculating the sum of the
				  following:
(1) twenty thousand dollars
				  ($20,000) for taking corrective action to cleanup environmental damage pursuant
				  to G.S.
				  143-215.94B(b)(3);
(2) one hundred thousand dollars ($100,000)
				  for compensating third parties for bodily injury and property damage pursuant
				  to G.S.
				  143-215.94B(b)(5);
				  and
(3) the multiple of six hundred
				  dollars ($600.00) and the number of petroleum underground storage tanks that an
				  owner or operator owns or operates in the state of North Carolina.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0301 - REPEALED - ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0303 - REPEALED - GUARANTEE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0304 - INSURANCE AND RISK RETENTION GROUP COVERAGE

Current through Register Vol. 39, No. 2, July 15, 2024
40 CFR
					 280.97 entitled "Insurance and Risk Retention
					 Group Coverage" is incorporated by reference, excluding any subsequent
					 amendments and editions, except that "licensed to transact the business of
					 insurance or eligible to provide insurance as an excess or surplus lines
					 insurer in one or more states" in
					 40 CFR
					 280.97(b)(1), (b)(2), and
					 (c) is replaced by "licensed, registered, or
					 otherwise authorized to provide insurance in North Carolina". This document may
					 be accessed at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no charge. The requirements in
					 40 CFR
					 280.97 shall be met to demonstrate financial
					 responsibility by insurance pursuant to
					 G.S.
					 143-215.94H.
Authority
					 G.S.
					 143-215.94H;
Eff. July 1,
					 1992;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0305-.0307

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0308 - INSURANCE POOLS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Insurance pools
				  established by owners and operators may be used alone or in combination to
				  demonstrate financial assurance in accordance with Rule .0204 of this
				  Subchapter.
(b) To be an eligible
				  mechanism for demonstrating financial assurance, insurance pools shall comply
				  with the requirements of
				  G.S.
				  143-215.94I.
(c) Each owner and operator providing
				  financial assurance through an insurance pool shall maintain a certificate of
				  insurance issued by the insurance pool that lists the following information:
(1) the name and address of the
				  member;
(2) the location of the
				  facilities owned by that member where underground storage tanks are being
				  insured by the pool;
(3) the number
				  of insured underground storage tanks at each facility;
(4) the capacity of each insured underground
				  storage tank;
(5) the amount of
				  insurance provided for each underground storage tank; and
(6) the name, address, and signature of the
				  Administrator of the insurance pool.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0309-.0310

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. June 1,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0300 - ASSURANCE MECHANISMS › Section 02O .0311-.0316

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. June
					 1, 2017;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0400 - RESPONSIBILITIES OF OWNERS AND OPERATORS › Section 02O .0401 - REPEALED - REPORTING BY OWNER OR OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0400 - RESPONSIBILITIES OF OWNERS AND OPERATORS › Section 02O .0402 - RECORD KEEPING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  280.111 entitled "Record Keeping" is
				  incorporated by reference, excluding subsequent amendments and editions. This
				  document may be accessed at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no charge.
(b) In addition to
				  the requirements incorporated in Paragraph (a) of this Rule, an owner or
				  operator using an Insurance Pool as a financial assurance mechanism in
				  accordance with Rule .0308 of this Subchapter, shall maintain a copy of the
				  signed insurance certificate as specified in Rule .0308(c) of this
				  Subchapter.
Authority
					 G.S.
					 143-215.94H;
Eff. July 1,
					 1992;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0500 - CHANGES IN STATUS › Section 02O .0501-.0502

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94H;
					 150B-21.6;
Eff. July
					 1, 1992;
Repealed Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0500 - CHANGES IN STATUS › Section 02O .0503 - INCAPACITY OF OWNER OR OPERATOR OR PROVIDER OF ASSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  280.114 entitled "Bankruptcy or Other
				  Incapacity of Owner or Operator or Provider of Financial Assurance is
				  incorporated by reference, excluding subsequent amendments and editions. This
				  document may be accessed at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no charge.
(b) Within 30 days
				  after receipt of notification that the Commercial Leaking Petroleum Underground
				  Storage Tank Cleanup Fund has become incapable of paying for assured corrective
				  action or third-party compensation costs, the owner or operator shall obtain
				  financial assurance for the full amounts specified in
				  40 CFR
				  280.93.
Authority
					 G.S.
					 143-215.94H;
					 143-215.94T;
Eff.
					 July 1, 1992;
Readopted Eff. January 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter O - FINANCIAL RESPONSIBILITY REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section .0500 - CHANGES IN STATUS › Section 02O .0504 - REPLENISHMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
										40 CFR
				  280.115 entitled "Replenishment of
				  Guarantees, Letters of Credit, or Surety Bonds" is incorporated by reference,
				  excluding subsequent amendments and editions. This document may be accessed at
www.ecfr.gov/cgi-bin/ECFR?page=browse
at no charge.
(b) If a standby
				  trust (40 CFR
				  280.103) is funded upon the instruction of
				  the Department with funds drawn from a guarantee (40 CFR 280.96),
				  letter of credit (40 CFR
				  280.99), or surety bond (40 CFR
				  280.98), and the amount in the standby trust
				  is reduced to less than the amount for which the owner or operator is
				  responsible per occurrence for third party claims, the owner or operator shall
				  within 60 days from which the funds were drawn:
(1) replenish the value of financial
				  assurance to equal the full amount of coverage required pursuant to Rule .0204
				  of this Subchapter; or
(2) acquire
				  another financial assurance mechanism for the amount by which funds in the
				  standby trust fund have been reduced.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02P .0101 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Subchapter
				  establishes criteria and procedures for the reimbursement of costs incurred by
				  owners, operators, and landowners from the Commercial Leaking Petroleum
				  Underground Storage Tank Cleanup Fund.
(b) The Underground Storage Tank (UST)
				  Section, hereafter referred to as "the Section," of the Division of Waste
				  Management of the Department of Environmental Quality (DEQ), hereafter referred
				  to as "the Department," shall administer the Commercial Leaking Petroleum
				  Underground Storage Tank Cleanup Fund for the State of North
				  Carolina.
(c) The Department may
				  engage in the activities described in
				  G.S.
				  143-215.94G in accordance with
				  15A NCAC
				  02L and subject to the availability of
				  resources, as determined by the Department.
Authority
					 G.S.
					 143-215.3;
					 143-215.94B;
					 143-215.94E;
					 143-215.94G;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Amended Eff. September 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Amended Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02P .0102 - REPEALED - COPIES OF RULES INCORPORATED BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 12-3.1(c);
					 143-215.3;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
					 150B-21.6;
Eff.
					 February 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6, 2018;
Repealed Eff.
					 October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0100 - GENERAL CONSIDERATIONS › Section 02P .0103 - FALSE OR MISLEADING INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
If any owner, operator, landowner, or authorized agent
					 knowingly submits any false or misleading information with regard to the rules
					 of this Subchapter, and if the false or misleading information results in delay
					 of any efforts to stop the discharge or release, results in delay of detection
					 of any portion of the discharge or release, or results in delay of
					 investigatory or remedial activities, then that owner, operator, landowner, or
					 authorized agent shall be considered to be contributing to a discharge or
					 release, interfering with the mitigation of a discharge or release, or
					 preventing the early detection of a discharge or release pursuant to
					 G.S.
					 143-215.94E(g)(1).
Authority
					 G.S.
					 143-215.3;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0200 - PROGRAM SCOPE › Section 02P .0201 - APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Subchapter
				  shall apply to the disbursement of funds from the Commercial Leaking Petroleum
				  Underground Storage Tank Cleanup Fund and to the collection of annual operating
				  fees.
(b) Any portions of this
				  Subchapter which concern annual tank operating fees apply to all owners and
				  operators of Commercial Underground Storage Tanks that are or have been in use
				  in North Carolina at any time on or after January 1, 1989.
(c) This Subchapter shall apply to discharges
				  or releases from commercial underground storage tank systems, regardless of
				  whether such systems are regulated under
				  15A NCAC
				  02N.
Authority
					 G.S.
					 143-215.3;
					 143-215.94B;
					 143-215.94C;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0200 - PROGRAM SCOPE › Section 02P .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The definitions
				  in 15A
				  NCAC 02N .0203 apply for purposes of this
				  Subchapter, except the definition of "Underground Storage Tank" shall be as
				  defined in Subparagraph (b)(12) of this Rule.
(b) The following terms are defined for use
				  in this Subchapter:
(1) "Annual operating fee"
				  means the annual fee established in
				  G.S.
				  143-215.94C that is required to be paid to
				  the Department by the owner or operator of each commercial underground storage
				  tank, as defined in
				  G.S.
				  143-215.94A, in use on or after January 1,
				  1989.
(2) "Commission" means the
				  Environmental Management Commission as organized under Chapter 143B of the
				  General Statutes.
(3) "Department"
				  means Department of Environmental Quality.
(4) "Discovered release" means a release that
				  an owner or operator, or its employee or agent, has been made aware of, has
				  been notified of, or has a reasonable basis for knowing has occurred.
(5) "Landowner" means any record fee owner of
				  real property that contains or contained a commercial underground storage tank
				  of which he or she does not qualify as an owner or operator pursuant to
				  G.S.
				  143-215.94A.
(6) "Notice of Residual Petroleum" means the
				  recordation of residual petroleum from underground storage tanks in accordance
				  with G.S. 143B-279.11.
(7) "Reasonable and necessary expenditures"
				  means expenditures for the assessment and remediation of environmental damage
				  performed in accordance with applicable environmental laws, regulations, and
				  rules that are necessary to determine the extent of contamination, remediate or
				  respond to a release, or compensate third-parties for bodily injury and
				  property damage resulting from the release. The Commission shall consider such
				  expenditures reasonable and necessary to the extent that they are supported by
				  the documentation required by Rule .0404 of this Subchapter, are performed in
				  an efficient manner considering comparable costs for labor, equipment, and
				  materials, and utilize cost-efficient methods.
(8) "Reasonable Rate Document" means the
				  schedule of costs that the Department has determined to be reasonable and
				  necessary costs for specific tasks pursuant to
				  G.S.
				  143-215.94E(e5)(3).
(9) "Tank in operation" means an underground
				  storage tank into which product is added or from which product is removed for
				  purposes other than closure.
(10)
				  "Tank in use" means an underground storage tank intended for the containment or
				  dispensing of petroleum product.
(11) "Underground storage tank" means any
				  Commercial Underground Storage Tank as defined in
				  G.S.
				  143-215.94A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0300 - ANNUAL OPERATING FEES › Section 02P .0301 - FEES AND PAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The owner or operator of each commercial underground
					 storage tank shall pay all annual operating fees due for that commercial
					 underground storage tank in accordance with
					 G.S.
					 143-215.94C. Unpaid operating fees attach to
					 the tanks, notwithstanding the ownership of the tanks.
Authority
					 G.S.
					 143-215.3;
					 143-215.94C;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0300 - ANNUAL OPERATING FEES › Section 02P .0302 - NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Any person acquiring ownership of an existing commercial
					 underground storage tank shall provide written notification to the Department
					 of this action within 30 days of the date of transfer. This notification shall
					 indicate the following:
(1) name and
				  address of the previous owner and the new owner;
(2) name, identification number, and street
				  address of the facility;
(3) date
				  of transfer;
(4) signatures of the
				  transferring owner and the new owner or their authorized
				  representatives;
(5) proof of
				  placement of a Notice of Residual Petroleum for any known release at the site
				  at the time of the transfer of the property;
(6) statement of intent of whether the new
				  owner intends to accept eligibility of any previous release from the tank or
				  tanks just acquired; and
(7) copy
				  of ownership transfer documents.
Authority
					 G.S.
					 143-215.3;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0401 - ELIGIBILITY OF OWNER OR OPERATOR

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Date of Release.
(1) An owner, operator, or
				  landowner of a commercial underground storage tank is not eligible for
				  reimbursement of costs from the Commercial Leaking Petroleum Underground
				  Storage Tank Cleanup Fund related to releases which were discovered prior to
				  June 30, 1988.
(2) In the case of
				  multiple releases that commingle into one plume, the deductible is established
				  under the date of first release.
(3) Only the currently approved eligible
				  party, determined in accordance with Paragraphs (b) through (d) of this Rule,
				  may be reimbursed from the Commercial Leaking Petroleum Underground Storage
				  Tank Cleanup Fund.
(4) After the
				  Department has notified the eligible party that no further action is required
				  for a discharge or release pursuant to
				  15A NCAC
				  02L, eligibility may be reapplied for by
				  either the current owner, operator, or landowner or former eligible party as
				  applicable and upon receiving eligibility, said party shall be credited for all
				  prior reimbursable cleanup costs subject to
				  G.S.
				  143-215.94E(j) and
				  G.S.
				  143-215.94E(k).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0402 - CLEANUP COSTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In determining
				  whether costs expended by an owner, operator, or landowner are reasonable and
				  necessary, the Department shall consider the following:
(1) adequacy and cost-effectiveness of any
				  work performed, and technical activity utilized by the owner, operator, or
				  landowner in performing release response, site assessment, and corrective
				  action;
(2) industry rates of
				  engineering, geological, or other environmental consulting firms providing
				  similar services in the State as determined by the Department;
(3) industry rental rates for any equipment,
				  not to exceed the purchase price, as determined by the Department;
(4) industry rates of any other service,
				  labor, or expense; and
(5) whether
				  costs expended for corrective action were required by
				  15A NCAC
				  02L.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0403 - THIRD-PARTY CLAIMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An owner,
				  operator, or landowner seeking reimbursement from the Commercial Leaking
				  Petroleum Underground Storage Tank Cleanup Fund for any third-party claim for
				  bodily injury or property damage shall notify the Department of any such claim
				  in accordance with
				  G.S.
				  143-215.94E(e3). The owner,
				  operator, or landowner shall provide the Department with all pleadings and
				  other documents filed in support of a claim for third-party bodily injury or
				  property damage, if a lawsuit for third-party bodily injury or property damage
				  has been filed. Prior to entry into any settlement agreement or consent
				  judgement, Departmental approval is required pursuant to
				  G.S.
				  143-215.94E(e3). The owner,
				  operator, or landowner shall provide to the Department copies of any medical
				  reports, statements, investigative reports, or certifications from licensed
				  professionals necessary to prove that third-party bodily injury or property
				  damage costs are reimbursable pursuant to
				  G.S.
				  143-215.94A and
				  143-215.94B.
(b) The terms "third-party," "third-party
				  bodily injury," and "third-party property damage" mean the terms as defined in
				  G.S.
				  143-215.94A.
(c) Third-party property damage shall be
				  reimbursed from the Commercial Leaking Petroleum Underground Storage Tank
				  Cleanup Fund based on the rental costs of comparable property during the period
				  of loss of use up to a maximum amount equal to the fair market value. In the
				  case of property that is destroyed as a result of a petroleum release,
				  reimbursement shall be at an amount necessary to replace or repair the
				  destroyed property.
Authority
					 G.S.
					 143-215.3;
					 143-215.94B;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Readopted Eff. October 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0404 - REQUESTS FOR REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An owner, operator, or landowner may make
				  a request for reimbursement only after the Department has determined that they
				  are eligible for reimbursement. The reimbursement request shall include the
				  following information, submitted on templates found on the Department's website
				  at
https://deq.nc.gov/about/divisions/waste-management/ust/trust-fund
:
(1) notarized certification of the
				  costs;
(2) notarized certification
				  of payment to subcontractors, if applicable;
(3) summary of work performed;
(4) reimbursement payment
				  information;
(5) certification of
				  remediation system installation, if applicable;
(6) itemized breakdown of the requested
				  reimbursement; and
(7) supporting
				  documentation of the itemized costs, such as the following:
(A) subcontractor invoices;
(B) correspondence from regulatory
				  agencies;
(C) invoices;
(D) bills of lading;
(E) per diem receipts;
(F) field logs; and
(G) reports.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0405 - METHOD OF REIMBURSEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Reimbursement
				  for cleanup costs shall be made only to an eligible owner, operator, or
				  landowner of a petroleum underground storage tank, or jointly to an owner,
				  operator, or landowner and a provider of service.
(b) Reimbursement of cleanup costs to the
				  owner, operator, or landowner shall be made only after proof of completion of
				  work and payment for such costs has been received by the Department.
(c) Joint reimbursement of cleanup costs
				  shall be made to an owner, operator, or landowner and a provider of service
				  only upon receipt of a written agreement acknowledged by both parties. Any
				  reimbursement check shall be sent directly to the owner, operator, or
				  landowner.
(d) Payment of
				  third-party claims shall be made to the owner or operator, or jointly to the
				  owner or operator and the third-party claimant.
(e) Any request for reimbursement that has
				  not been returned to the owner, operator, or landowner, or reimbursed to the
				  owner, operator, or landowner within 90 days of submittal of such a request may
				  be considered by the owner, operator, or landowner as having been denied by the
				  Department in accordance with
				  G.S.
				  143-215.94E(e2).
Authority
					 G.S.
					 143-215.3;
					 143-215.94B;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
Eff.
					 February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0406 - APPORTIONMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If any of the
				  underground storage tanks at a single facility contributing to a discharge or
				  release which resulted in a single plume of soil, surface water, or groundwater
				  contamination pursuant to
				  G.S.
				  143-215.94B(b1) are not
				  eligible for reimbursement, reimbursement shall be made at a rate equal to the
				  number of tanks contributing to the discharge or release that are eligible for
				  reimbursement divided by the total number of tanks contributing to the
				  discharge or release.
(b) If
				  multiple underground storage tanks at a single facility are contributing to a
				  single discharge or release which resulted in a single plume of soil, surface
				  water, or groundwater contamination, and the tanks are owned or operated by
				  different persons, reimbursement may be made to any of the owners or operators
				  as if the discharge or release were caused entirely by that person's
				  underground storage tanks.
(c) If
				  above ground and underground storage tanks at a single facility are both
				  contributing to a single discharge or release which resulted in a single plume
				  of soil, surface water, or groundwater contamination, reimbursement shall be
				  apportioned based upon the volume of eligible tanks divided by the total volume
				  of all tanks contributing to the release.
(d) Where multiple discharges or releases at
				  a single facility which resulted in separate plume of soil, surface water, or
				  groundwater contamination pursuant to
				  G.S.
				  143-215.94B(b1) are
				  addressed in a single cleanup action, expenses shall be reimbursed based on
				  apportionment among the discharges or releases. The method of apportionment
				  shall be as follows:
(1) expenses related to
				  a particular discharge or release shall be applied only to that discharge or
				  release; or
(2) expenses that are
				  related to more than one discharge or release shall be apportioned on a pro
				  rata basis among the discharges or releases.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0407 - APPEAL RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director,
				  Underground Storage Tank Section Chief, or Trust Fund Branch Head of the
				  Division of Waste Management shall make the agency decision on a written
				  application for eligibility for reimbursement from the Commercial Leaking
				  Petroleum Underground Storage Tank Cleanup Fund. The Director, Underground
				  Storage Tank Section Chief, or Trust Fund Branch Head shall make the agency
				  decision on any written claim for reimbursement once an applicant has been
				  granted eligibility.
(b) An owner,
				  operator, or landowner who has not received a written notification of decision
				  of eligibility to or for reimbursement from the Commercial Leaking Petroleum
				  Underground Storage Tank Cleanup Fund within 90 days of submittal of a written
				  application in accordance with the rules of this Subchapter may elect to
				  consider the application to have been denied and may file an appeal in
				  accordance with
				  G.S.
				  143-215.94E(e2).
(c) An owner, operator, or landowner who has
				  received a written notification of eligibility to or for reimbursement from the
				  Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund after
				  submittal of a written application in accordance with the rules of this
				  Subchapter and disagrees with the notification may elect to file an informal
				  appeal supplying additional information. Following review of the additional
				  information, the Director, Underground Storage Tank Section Chief, or Trust
				  Fund Branch Head shall issue a written agency decision. If the written decision
				  by the Director, Underground Storage Tank Section Chief, or Trust Fund Branch
				  Head does not change the original decision of eligibility to or for
				  reimbursement from the Commercial Leaking Petroleum Underground Storage Tank
				  Cleanup Fund, the Department shall notify the owner, operator, or landowner of
				  the right to petition for a contested case in the Office of Administrative
				  Hearings in accordance with
				  G.S.
				  150B-23.
(d) An owner, operator, or landowner who has
				  received a written notification of eligibility to or for reimbursement from the
				  Commercial Leaking Petroleum Underground Storage Tank Cleanup Fund after
				  submittal of a written application in accordance with the rules of this
				  Subchapter and disagrees with the notification may elect to file a petition for
				  a contested case in the Office of Administrative Hearings in accordance with
				  G.S.
				  150B-23 without providing any additional
				  information.
Authority
					 G.S.
					 143-215.3;
					 143-215.94B;
					 143-215.94E;
					 143-215.94L;
					 143-215.94T;
					 143B-282;
					 150B-23;
Eff.
					 February 1, 1993;
Amended Eff. September 1, 1993;
Readopted Eff. October 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter P - COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND › Section .0400 - REIMBURSEMENT PROCEDURE › Section 02P .0408 - EXPIRED - PERFORMANCE-BASED CLEANUPS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.94B(f);
					 143-215.94D(f);
					 S.L. 2001, c. 442, s. 6b;
Temporary Adoption Eff. July 1,
					 2002;
Eff. July 1, 2004;
Expired Eff. April 1, 2018
					 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter Q - AIR QUALITY PERMITS PROCEDURES › Section .0100 - GENERAL PROVISIONS › Section 02Q .0101 - REQUIRED AIR QUALITY PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No
				  owner or operator shall do any of the following activities, unless otherwise
				  exempted, without first applying for and obtaining an air quality permit:
(1) construct, operate, or modify a source
				  subject to an applicable standard, requirement, or rule that emits any
				  regulated pollutant or one or more of the following:
(A) sulfur dioxide;
(B) total suspended particulates;
(C) particulate matter (PM10);
(D) carbon monoxide;
(E) nitrogen oxides;
(F) volatile organic compounds;
(G) lead and lead compounds;
(H) fluorides;
(I) total reduced sulfur;
(J) reduced sulfur compounds;
(K) hydrogen sulfide;
(L) sulfuric acid mist;
(M) asbestos;
(N) arsenic and arsenic compounds;
(O) beryllium and beryllium
				  compounds;
(P) cadmium and cadmium
				  compounds;
(Q) chromium(VI) and
				  chromium(VI) compounds;
(R) mercury
				  and mercury compounds;
(S) hydrogen
				  chloride;
(T) vinyl
				  chloride;
(U) benzene;
(V) ethylene oxide;
(W) dioxins and furans;
(X) ozone; or
(Y) any toxic air pollutant listed in
				  15A NCAC
				  02D .1104; or