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 .0103 - DEFINITION OF TERMS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms used in this Section shall be as defined in
					 G.S.
					 143-212 and
					 143-213; the federal Clean Water
					 Act (33 U.S.C.
					 1251 et seq.); 40 CFR Parts 122, 124, and
					 125; and as follows:
(1)
				  "Authorization to Construct" means a permit required pursuant to Rule .0138 of
				  this Section for the construction of water pollution control facilities
				  necessary to comply with the terms and conditions of an NPDES permit.
(2) "Certificate of Coverage" means the
				  approval given dischargers that meet the requirements of coverage under a
				  general permit.
(3) "Commission"
				  means the Environmental Management Commission.
(4) "Committee" means the NPDES committee of
				  the Environmental Management Commission.
(5) "Decontamination" means the physical or
				  chemical process of reducing contamination and preventing the spread of
				  contamination from persons and equipment at biological or chemical agent
				  incidents.
(6) "Department" means
				  the Department of Environmental Quality.
(7) "Director" means the Director of the
				  Division of Water Resources or Division of Energy, Mineral and Land Resources,
				  in the Department of Environmental Quality, whichever is the permitting
				  authority, or his or her designee.
(8) "Discharges associated with biological or
				  chemical decontamination" means the wastewater that is produced during
				  activities intended to reduce potential biological or chemical contaminants and
				  that are performed under the specific conditions listed in
				  15A NCAC
				  02H .0106(f)(11).
(9) "Division" means the Division of Water
				  Resources or the Division of Energy, Mineral and Land Resources, Department of
				  Environmental Quality, whichever is the permitting authority.
(10) "EPA" means the United States
				  Environmental Protection Agency.
(11) "Existing", with respect to implementing
				  the NPDES permitting program, means:
(a)
				  facilities that physically exist and have been legally constructed prior to the
				  adoption of state or federal regulatory requirements for new facilities. For
				  the purposes of this definition, "legally constructed" means that the facility
				  obtained all necessary approvals for construction in accordance with local,
				  state, and federal regulations;
(b)
				  facilities that have received an NPDES Permit and have received an
				  Authorization to Construct and have constructed or begun significant
				  construction of any wastewater treatment facilities within the term of the
				  current permit; or
(c) facilities
				  that have received a phased NPDES Permit and have received an Authorization to
				  Construct for a phase of the permitted flow and have constructed or begun
				  significant construction of the phased wastewater treatment facilities.
For the purpose of this definition, significant
					 construction shall be considered as more than a nominal investment of money or
					 other resources in the construction of the wastewater treatment facility, based
					 on the facility size, complexity, cost and the required construction time for
					 completion, in accordance with
					 15A NCAC
					 02B .0407, Guidance for Determining a New
					 Source.