reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0220 - GRANTING OF FINAL APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Unless the Director has reason to believe that the dam, as completed, is unsafe
				  or not in compliance with any applicable requirement, regulation, or law, the
				  Director, upon completion of construction and upon receipt of the engineer's
				  certification pursuant to Rule .0215 of this Section, shall grant final
				  approval of the work in accordance with the certificate, subject to such terms
				  as he/she deems necessary for the protection of life and property.
(b) Pending issuance of final approval, a new
				  dam or the addition to an existing dam shall not be used except on written
				  consent of the Director and subject to conditions he/she may impose relating to
				  safety of life and property and the satisfaction of minimum stream flow
				  requirements.
Authority
					 G.S.
					 143-215.3;
					 143-215.30;
Eff. June
					 15, 1980;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0221 - DELEGATION OF AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
The Director has the authority to:
(1) issue approval, disapproval, or approval
				  subject to conditions for proposed construction, repair, alteration or removal
				  of dams;
(2) require progress
				  reports, issue notices of non-compliance and orders to comply, order a halt in
				  construction in the event of non-compliance;
(3) receive notices of completion, specify
				  details of description, grant final approval;
(4) assess civil penalties; and
(5) perform other related
				  functions.
Authority
					 G.S.
					 143-215.3;
					 143-215.3(a)(4);
					 143-215.28;
					 143-215.29;
					 143-215.30;
					 143-215.36(b);
Eff. June 15, 1980;
Amended Eff. November 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0222 - APPLICATION PROCESSING FEES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  nonrefundable minimum application processing fee, in the amount stated in
				  Paragraph (d)(1) of this Rule, shall be paid when an application for
				  construction or removal of a dam is filed in accordance with
				  15A NCAC
				  02K .0201. Each application for construction
				  or removal of a dam shall be deemed incomplete and shall not be reviewed until
				  the minimum application processing fee is paid.
(b) A nonrefundable additional application
				  processing fee, in the amount stated in Paragraph (d)(2) of this Rule, shall be
				  paid when the as-built plans are submitted to the Director in accordance with
				  15A NCAC
				  02K .0215. Final approval to impound,
				  pursuant to
				  15A NCAC
				  02K .0220, shall not be granted until the
				  owner's certification and the accompanying documentation are filed in
				  accordance with Paragraph (e) of this Rule, and the additional processing fee
				  is paid.
(c) The application
				  processing fee for the construction or removal of a dam shall be based on the
				  actual cost of construction or removal of the applicable dam.
(1) The actual cost of construction or
				  removal of a dam shall include all labor and materials costs associated with
				  the construction or removal of the dam and appurtenances.
(2) The actual cost of construction or
				  removal of a dam shall not include the costs associated with acquisition of
				  land or right of way, design, quality control, electrical generating machinery,
				  or constructing a roadway across the dam.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0223 - DAM HEIGHT AND STORAGE DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purpose of determining size
				  classification, the height of a dam shall be measured from the highest point on
				  the crest of the dam to the lowest point on the downstream toe.
(b) The total storage capacity of a dam shall
				  be that volume which would be impounded at the elevation of the highest point
				  on the crest of the dam.
Authority
					 G.S.
					 143-215.31;
Temporary Rule Eff.
					 November 1, 1990 For a Period of 180 Days to Expire on April 29,
					 1990;
ARRC Objection Lodged November 14, 1990;
ARRC
					 Objection Removed December 20, 1990;
Eff. January 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0200 - OBTAINING APPROVAL FOR DAM CONSTRUCTION: REPAIR:OR REMOVAL › Section 02K .0224 - ADDITIONAL REQUIREMENTS FOR DAMS THAT IMPOUND COAL COMBUSTION RESIDUALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For the purposes of this Rule:
(1) "CCR" means Coal Combustion
				  Residuals.
(2) "CCR unit" means any
				  CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit, or a
				  combination of more than one of these units, based on the context of the
				  paragraph(s) in which it is used. This term includes both new and existing
				  units, unless otherwise specified in this Subchapter or the Dam Safety Law of
				  1967. For the purpose of this Rule, the term only applies to CCR dams and
				  surface impoundments.
(3) "Dam"
				  means a structure and appurtenant works erected to impound or divert
				  water.
(4) "Design flood" means the
				  flood hydrograph that is used during an engineering assessment of the CCR
				  unit.
(5) "Liquefaction" means a
				  phenomenon whereby a saturated or partially saturated soil loses strength and
				  stiffness in response to an applied stress, usually earthquake shaking or other
				  sudden change in stress condition, causing it to behave like a
				  liquid.
(6) "Probable Maximum
				  Flood" or "PMF" means the theoretically largest flood resulting from the most
				  severe combination of meteorological and hydrological conditions that could
				  conceivably occur in the drainage basin. The PMF is the runoff resulting from
				  the Probable Maximum Precipitation.
(7) "Probable Maximum Precipitation" or "PMP"
				  means the theoretically greatest depth of precipitation for a given duration
				  that is physically possible over a given storm area at a particular
				  geographical location at a certain time of the year. Estimates of rainfall
				  amounts and distributions associated with the PMP can be found at the following
				  locations: http://www.nws.noaa.gov/oh/hdsc/PMP_documents/HMR51.pdf and
				  http://www.nws.noaa.gov/oh/hdsc/PMP_documents/HMR52.pdf
(8) "Toe" means the point of intersection
				  between the upstream or downstream face of a dam and the natural
				  ground.
(9) "100-year flood" means
				  a flood that has a 1-percent chance of recurring in any given year. Rainfall
				  amounts for the 100-year flood can be found at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html
.
(10) "1000-year flood" means a flood that has
				  a 0.1-percent chance of recurring in any given year. Rainfall amounts for the
				  1000-year flood can be found at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html
.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0300 - INSPECTIONS: DAM SAFETY ORDERS › Section 02K .0301 - INSPECTION BY THE DEPARTMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Schedule of Inspections
(1) All class A and B
				  dams shall be inspected at least once every five years.
(2) Class C dams shall be inspected at least
				  once every two years.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0300 - INSPECTIONS: DAM SAFETY ORDERS › Section 02K .0302 - DAM SAFETY ORDERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director
				  may issue an order directing the owner(s) of a dam to make, in not less than 90
				  days from issuance of the order and at the owner(s) expense, any maintenance,
				  alteration, repairs, reconstruction, or change in construction upon a finding
				  that the dam:
(1) is not sufficiently
				  strong,
(2) is not maintained in
				  good repair or operating condition,
(3) is dangerous to life or property,
				  or
(4) does not satisfy minimum
				  stream-flow requirements.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0400 - ADMINISTRATIVE HEARINGS › Section 02K .0401-.0402 - EXPIRED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.33;
					 150B-23;
Eff. June
					 15, 1980;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f));
					 August 1, 1988; July 1, 1988; November 1, 1984;
Expired Eff.
					 January 1, 2018 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0400 - ADMINISTRATIVE HEARINGS › Section 02K .0403-0408

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(4);
					 143-215.33;
					 150B-23; 150B, Article
					 3;
150B, Article 4;
Eff. June 15, 1980;
Legislative Objection (c) Lodged Eff. October 10, 1980;
Amended
					 Eff. November 1, 1982;
Repealed Eff. November 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT › Section 02K .0501 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Aquatic habitat
				  shall be divided into three classes - "poor," "moderate," and "good."
(1) Streams with poor aquatic habitat are
				  those which have a "poor" fish assemblage rating, and which are rated "poor"
				  for at least two of the following three characteristics:
(A) Substrate;
(B) Cover; and
(C) Macro-invertebrate organisms.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT › Section 02K .0502 - REQUIRED MINIMUM FLOW FOR DAMS (NOT SMALL HYDRO PROJECTS)

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A dam operated by a small power producer,
				  as defined in
				  G.S.
				  62-3(27a), that diverts
				  water from 4,000 feet or less of the natural stream bed, shall be exempt from
				  this Rule.
(b) A dam proposed for a
				  small stream with a mean annual daily flow less than or equal to 3.0 cubic feet
				  per second (cfs) shall be subject to the following review process in
				  determining the required minimum flow:
(1) If
				  the mean annual daily flow is less than or equal to 3.0 cfs and the 7-day,
				  10-year low flow (7Q10) is less than or equal to 0.2 cfs; and if there are no
				  existing point source discharges of wastewater to the affected stream reach;
				  then no minimum release will be required.
(2) If the mean annual daily flow is less
				  than or equal to 3.0 cfs and the 7Q10 is less than or equal to 0.2 cfs; and one
				  or more existing point source discharges of wastewater enter the affected
				  stream reach; then the minimum release shall be equal to the 7Q10.
(3) If the mean annual daily flow is less
				  than or equal to 3.0 cfs and the 7Q10 is greater than 0.2 cfs, then the minimum
				  release shall be equal to the 7Q10.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT › Section 02K .0503 - REQUIRED MINIMUM FLOW FOR SMALL HYDROELECTRIC PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule shall apply only to a dam
				  operated by a small power producer, as defined in
				  G.S.
				  62-3(27a), that diverts
				  water from 4,000 feet or less of the natural stream bed. The length of the
				  bypassed reach shall be measured from the toe of the dam to the point where the
				  diverted water re-enters the natural channel, following the centerline of the
				  natural channel.
(b) The minimum
				  release for a hydroelectric project subject to this Rule shall be determined
				  according to the procedures described in Subparagraphs (1)-(5) of this
				  Paragraph. If at any time the inflow just upstream of the dam is less than the
				  minimum flow required in the bypassed reach, then the minimum flow may be
				  reduced to a level equal to this inflow.
(1)
				  If the aquatic habitat in the bypassed reach is rated poor, then the minimum
				  release to the bypassed reach shall be determined as follows:
(A) If the 7Q10 is less than or equal to 10
				  percent of the mean annual daily flow, then the minimum release to the bypassed
				  reach shall be the 7Q10 flow.
(B)
				  If the 7Q10 is greater than 10 percent of the mean annual daily flow, and there
				  are no existing point source discharges of wastewater to the bypassed reach,
				  then the minimum release to the bypassed reach shall be 0.8 times the
				  7Q10.
(C) If the 7Q10 is greater
				  than 10 percent of the mean annual daily flow, and one or more existing point
				  source discharges of wastewater enter the bypassed reach, then the minimum
				  release to the bypassed reach shall be the 7Q10 flow.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter K - DAM SAFETY › Section .0500 - MINIMUM STREAM FLOWS TO MAINTAIN AQUATIC HABITAT › Section 02K .0504 - MONITORING OF MINIMUM FLOW REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An owner of a dam with a minimum flow
				  requirement greater than 1.0 cfs shall install, calibrate, and maintain one or
				  more stream staff gages following procedures described in U.S. Geological
				  Survey Water Supply Paper 2175, "Measurement and Computation of Streamflow."
				  Plans for such gages shall be submitted to the Department for approval prior to
				  installation. Staff gages shall be calibrated to indicate the water surface
				  elevations which correspond to the required flows. Calibration shall be
				  verified at least every two years. All initial calibration and re-calibration
				  measurements, including field data, shall be provided to the Department within
				  30 days of completion.
(b) If the
				  minimum release from a dam is less than or equal to 1.0 cfs, then an accurately
				  calibrated release mechanism such as a gate or pipe opening shall be acceptable
				  in lieu of a staff gage. Plans for making the required release shall be
				  submitted to the Department for review and approval prior to construction,
				  repair, or modification of the dam.
(c) An owner of a dam who does not comply
				  with a minimum flow requirement may be required to install automated gaging
				  which continuously monitors flow. Records from this type of gage shall be
				  provided to the Department upon request, for the time period being
				  investigated.
(d) Minimum release
				  requirements may be modified or suspended for a term determined by the
				  Department for reasons including pre-scheduled maintenance or construction
				  involving the dam. The Department must approve a written request for such a
				  change in the minimum flow requirement prior to any change in the minimum
				  release.
(e) Reduction or cessation
				  of the minimum flow as a result of emergency conditions or equipment failure
				  shall not constitute a violation of the minimum flow requirement, so long as
				  the event is reported to the Department within 48 hours. The Department may set
				  forth a schedule for correcting the problem and restoring the required minimum
				  flow. If the schedule is not met, and the problem continues to cause violation
				  of the minimum flow requirement, then this violation may be subject to
				  enforcement action.
Authority
					 G.S.
					 143-215.24;
					 143-215.25;
					 143-215.31;
					 143-215.32;
					 143-215.33;
					 143-215.36;
Eff.
					 December 1, 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 23,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) N.C.
				  General
				  Statute 143-214.1 directs that the Commission
				  develop and adopt, after proper study, a series of classifications and
				  standards which will be appropriate for the purpose of classifying each of the
				  waters of the State in such a way as to promote the policy and purposes of the
				  act. Pursuant to this statute, the rules in Sections .0200 and .0300 of this
				  Subchapter establish a series of classifications and water quality standards
				  applicable to the groundwaters of the State.
(b) The rules in Section .0100 of this
				  Subchapter shall apply to all permitted and unpermitted activities or actions,
				  intentional or accidental, that contribute to the degradation of groundwater
				  quality, regardless of any permit issued by a governmental agency authorizing
				  such action or activity. An innocent landowner who is a bona fide purchaser of
				  property which contains a source of groundwater contamination, who purchased
				  such property without knowledge or a reasonable basis for knowing that
				  groundwater contamination had occurred, or a person whose interest or ownership
				  in the property is based or derived from a security interest in the property,
				  shall not be considered a responsible party.
Authority
					 G.S.
					 143-214.1;
					 143-214.2;
					 143-215.3(a)(1);
					 143B-282;
Eff. June
					 10, 1979;
Amended Eff. August 1, 1989; July 1, 1988; September 1,
					 1984; December 30, 1983;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0103 - POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules established in this Subchapter
				  are intended to maintain and preserve the quality of the groundwaters, prevent
				  and abate pollution and contamination of the waters of the State, protect
				  public health, and permit management of the groundwaters for their best usage.
				  It is the policy of the Commission that the best usage of the groundwaters of
				  the State is as a source of drinking water. These groundwaters generally are a
				  potable source of drinking water without the necessity of significant
				  treatment. It is the intent of these Rules to protect the overall high quality
				  of North Carolina's groundwaters to the level established by the standards and
				  to enhance and restore the quality of degraded groundwaters where feasible and
				  necessary to protect human health and the environment, or to ensure their
				  suitability as a future source of drinking water.
(b) The Commission shall not approve any
				  disposal system subject to the provisions of
				  G.S.
				  143-215.1 which would result in any of the
				  following:
(1) The significant degradation of
				  groundwaters which have existing quality that is better than the assigned
				  standard, unless such degradation is found to be in the best interests of the
				  public based upon the projected economic benefits of the facility and that
				  public health will be protected.
(2) A violation of a standard beyond a
				  designated compliance boundary as a result of the permitted
				  activities.
(3) The impairment of
				  existing groundwater uses or increased risk to public health due to the
				  operation of a disposal system.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0104 - RESTRICTED DESIGNATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The restricted
				  designation (RS) means that groundwater may not be suitable for use as a
				  drinking water supply without treatment.
(b) Upon application by a responsible party,
				  the Director is authorized to apply the RS to GA or GSA groundwaters, as
				  defined under Rule .0201 of this Subchapter, under any of the following
				  circumstances:
(1) For sites undergoing
				  risk-based remediation per Rule .0106(i) of this Section.
(2) Areas of remaining contamination where
				  the Secretary has approved the termination of an approved corrective action per
				  Rule .0106(j) of this Section.
(3)
				  Where a variance has been granted by the Commission as provided in Rule .0113
				  of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0105 - REPEALED - ADOPTION BY REFERENCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Repealed Eff. August 1,
					 1989.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0106 - INITIAL RESPONSE, SITE ASSESSMENT, AND CORRECTIVE ACTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Where groundwater quality has been
				  degraded, the required corrective action shall be restoration to the level of
				  the standards, or as closely thereto as is economically and technologically
				  feasible in accordance with this Rule. The corrective action strategies
				  addressed in this Rule can be through either active remediation in Paragraph
				  (g), natural attenuation in Paragraph (h), or risk-based remediation in
				  Paragraph (i). In all cases involving requests to the Secretary for approval of
				  corrective action plans or termination of corrective action, the responsibility
				  for providing all information required by this Rule lies with the person(s)
				  making the request.
(b) Any person
				  conducting or controlling an activity, permitted or unpermitted, that results
				  in the discharge of a waste or hazardous substance or oil to the ground
				  surface, vadose zone, or groundwaters of the State shall take action upon
				  discovery to terminate and control the discharge, mitigate any hazards
				  resulting from exposure to the contaminants, and follow the requirements in
				  Paragraphs (c), (d), or (e) of this Rule.
(c) Any person conducting or controlling an
				  activity that has not been permitted by the Department pursuant to
				  G.S.
				  143-215.1, Article 9 of G.S. 130A, or Article
				  11 of G.S. 130A that results in an increase in the concentration of a substance
				  in excess of the standard, other than agricultural operations defined under
				  G.S.
				  106-581.1, shall take the following steps:
(1) Within 24 hours of discovery of the
				  violation, notify the Department of the activity that has resulted in the
				  increase and the contaminant concentration levels, if known.
(2) Respond in accordance with Paragraph (f)
				  of this Rule.
(3) Implement a
				  monitoring program in accordance with Rule .0110 of this Section.
(4) Submit a site assessment report to the
				  Director in accordance with Rule .0111 of this Section.
(5) Submit a notification in accordance with
				  the requirements of Rule .0114(a) of this Section.
(6) If required, submit a corrective action
				  plan to the Director in accordance with Rule .0111 of this Section or pursue
				  risk-based remediation per Paragraph (i) of this Rule. If a corrective action
				  plan is submitted for active remediation or natural attenuation, then:
(A) Submit a notification in accordance with
				  the requirements of Rule .0114(b) of this Section.
(B) Implement the corrective action plan upon
				  its approval by the Secretary.
(C)
				  Submit a notification in accordance with the requirements of Rule .0114(c) of
				  this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0108 - REVIEW BOUNDARY

Current through Register Vol. 39, No. 2, July 15, 2024
A review boundary is established around any waste disposal
					 area half way between the compliance boundary and the waste boundary. When the
					 concentration of any substance equals or exceeds the standard at the review
					 boundary as determined by monitoring, the permittee shall be required to take
					 action in accordance with the provisions of Rule .0106(d) of this
					 Section.
Authority
					 G.S.
					 143-215.1(b);
					 143-215.3(a)(1);
					 143B-282;
Eff.
					 August 1, 1989;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0109 - DELEGATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director is
				  delegated the authority to enter into consent special orders under
				  G.S.
				  143-215.2 for violations of the standards
				  except when a public meeting is required as provided in
				  15A NCAC
				  02H .1203.
(b) The Director is delegated the authority
				  to prepare a proposed special order to be issued by the Commission without the
				  consent of the person affected and to notify the affected person of that
				  proposed order and of the procedure set out in
				  G.S.
				  150B-23 to contest the proposed special
				  order.
(c) The Director shall give
				  public notice of proposed consent special orders as specified in
				  15A NCAC
				  02H .1203.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. August 1, 1989;
Amended Eff. October 1, 1993; October 1,
					 1990;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0110 - MONITORING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except where
				  exempted by statute or this Subchapter, the Director may require any person who
				  causes, permits, or has control over any discharge of waste or cleanup program,
				  to implement a monitoring program in such detail as required to evaluate the
				  effects of the discharge upon the environment or waters of the State, including
				  the effect of any actions taken to restore groundwater quality, as well as the
				  efficiency of any treatment facility. The Director shall consider information
				  including the geologic and hydrogeologic conditions, potential receptors, and
				  risks to public health and the environment in determining the nature and extent
				  of any required monitoring program. The monitoring program plan shall be
				  prepared under the charge of a professional engineer or licensed geologist and
				  bear the seal of the same if required under G.S. 89C or G.S. 89E.
(b) Monitoring systems within the monitoring
				  program shall be constructed and operated in a manner that will not result in
				  the contamination of waters of the State.
(c) The Director may require modification of
				  a monitoring program or system or require additional monitoring of a
				  contaminant or constituent of interest if new information indicates such
				  modification or additional monitoring is necessary to protect public health or
				  the environment.
(d) Monitoring
				  systems within the monitoring program shall be able to:
(1) Track the migration, degradation, and
				  attenuation of contaminants and contaminant by-products from the source area
				  through a point of compliance such as a compliance boundary (if applicable),
				  within a contaminant plume, and in areas where the contaminant plume is
				  expected through professional judgment or predicted through modeling to
				  migrate.
(2) Be used to determine
				  the background groundwater quality that is not affected by site conditions,
				  actions, or activities.
(3) Detect
				  contaminants and contaminant by-products prior to their reaching any potential
				  receptor.
(4) Detect if a
				  groundwater contaminant plume is causing or contributing to exceedances of the
				  surface water standards established under
				  15A NCAC
				  02B .0200.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0111 - REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  subject to the requirements in Rule .0106 of this Section shall submit to the
				  Director, plans or reports including those associated with initial response,
				  site assessment, and corrective action. Reports shall be submitted in
				  accordance with a schedule established by the Director. In establishing a
				  schedule, the Director shall consider a proposal by the person submitting the
				  plan or report.
(b) A site
				  assessment conducted pursuant to the requirements of Paragraphs (c) or (e) in
				  Rule .0106 of this Section shall include:
(1)
				  a description of the site including current and historical operations at the
				  facility and all current and historical waste streams;
(2) the source and cause of
				  contamination;
(3) any imminent
				  hazards to public health and any actions taken to mitigate them;
(4) a description of the initial response
				  actions taken in accordance with Rule .0106(f) of this Section;
(5) all potential receptors and expected
				  exposure pathways;
(6) the
				  horizontal and vertical extent of soil and groundwater contamination and all
				  significant factors affecting contaminant transport;
(7) background threshold values for affected
				  media;
(8) geological and
				  hydrogeological features influencing the movement, chemical, and physical
				  character of the contaminants;
(9)
				  the nature and extent of any surface water or sediment contamination resulting
				  from interactions with contaminated soil or groundwater;
(10) a description of the sampling procedures
				  followed, and methods of chemical analyses used;
(11) all technical data utilized in support
				  of any interpretations, conclusions, determinations, or evaluations made;
				  and
(12) the results of predictive
				  calculations or modeling, including a copy of the calculations or model runs
				  and all supporting technical data.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0112 - ANALYTICAL PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Tests or analytical procedures to determine compliance or
					 noncompliance with the standards established in Rule .0202 of this Subchapter
					 shall be in accordance with
					 15A NCAC
					 02H
					 .0805(a)(1).
Authority
					 G.S.
					 143-215.3(a)(1);
					 143B-282;
Eff.
					 August 1, 1989;
Amended Eff. October 1, 1993;
Readopted
					 Eff. June 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0113 - VARIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission,
				  on its own initiative or pursuant to a request under
				  G.S.
				  143-215.3(e), may grant
				  variances to the rules of this Subchapter.
(b) Requests for variances are submitted by
				  the applicant to the Commission. The application shall be submitted in writing
				  to the chairman of the Commission in care of the Director.
(c) The application shall contain the
				  following information:
(1) Applications filed
				  by counties or municipalities shall include a resolution of the County Board of
				  Commissioners or the governing board of the municipality requesting the
				  variance.
(2) A description of the
				  past, existing, or proposed activities or operations that have or would result
				  in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for
				  which a variance is requested. A location map showing the orientation of the
				  facility, potential for groundwater contaminant migration, as well as the area
				  covered by the variance request, with reference to at least two geographic
				  references including numbered roads, named streams/rivers, etc. shall be
				  included.
(4) Supporting
				  information to establish that the variance will not endanger the public health,
				  including health and environmental effects from exposure to groundwater
				  contaminants. Location of wells and other water supply sources including
				  details of well construction, if known, within 1/2 mile of site shall be shown
				  on a map.
(5) Supporting
				  information to establish that requirements of this Rule cannot be achieved by
				  providing the best available technology economically reasonable. This
				  information shall identify specific technology considered, the costs of
				  implementing the technology, and the impact of the costs on the
				  applicant.
(6) Supporting
				  information to establish that compliance would produce serious financial
				  hardship on the applicant.
(7)
				  Supporting information that compliance would produce serious financial hardship
				  without equal or greater public benefit.
(8) A copy of any Special Order that was
				  issued in connection with contaminants in the proposed area and supporting
				  information that applicant has complied with the Special Order.
(9) A list of the names and addresses of any
				  property owners within the proposed area of the variance, as well as property
				  owners adjacent to the site covered by the variance.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0114 - NOTIFICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Any person subject to the requirements of Rule .0106(c) or (e) of this Section
				  shall submit to the local health director and the chief administrative officer
				  of the jurisdictions in which the groundwater contamination has occurred, a
				  copy of the site assessment report as required by Rule .0111(b) of this
				  Section.
(b) Any person who submits
				  a request under Rule .0106(g) or (h) of this Section shall notify the local
				  health director and the chief administrative officer of the jurisdictions in
				  which the contaminant plume occurs, and all property owners and occupants
				  within or contiguous to the area underlain by the contaminant plume, and under
				  the areas where it is predicted through modeling or expected through
				  professional judgment to migrate, a summary of the request and reasons
				  supporting it. Notification shall be made by certified mail concurrent with the
				  submittal of the request to the Director. Individuals interested in the request
				  may submit written comments to the Director within 30 days of the receipt of
				  the notification. The Director shall issue a final decision after considering
				  the written comments.
(c) Any
				  person whose request under Rule .0106(g) or (h) of this Section is granted by
				  the Director shall notify parties specified in Paragraph (b) of this Rule of
				  the Director's decision and a summary of the actions to be taken. Notification
				  shall be made by certified mail within 30 days of receipt of the Director's
				  decision.
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
					 143B-282(a)(2)(c);
Eff. October 1, 1993;
Readopted Eff. June 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0100 - GENERAL CONSIDERATIONS › Section 02L .0115 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Temporary Adoption Eff. January 2, 1998;
Eff. October 29, 1998;
Recodified to
					 15A NCAC
					 02L .0400 Eff. December 1,
					 2005.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0200 - CLASSIFICATIONS AND GROUNDWATER QUALITY STANDARDS › Section 02L .0201 - GROUNDWATER CLASSIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The classifications which may be assigned to the
					 groundwaters will be those specified in the following series of
					 classifications:
(1) Class GA
				  groundwaters; usage and occurrence:
(a) Best
				  Usage. Existing or potential source of drinking water supply for
				  humans.
(b) Conditions Related to
				  Best Usage. This class is intended for those groundwaters in which chloride
				  concentrations are equal to or less than 250 mg/l, and which are considered
				  suitable for drinking in their natural state, but which may require treatment
				  to improve quality related to natural conditions.
(c) Occurrence. In the saturated
				  zone.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0200 - CLASSIFICATIONS AND GROUNDWATER QUALITY STANDARDS › Section 02L .0202 - GROUNDWATER QUALITY STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The groundwater quality standards for the protection of the groundwaters of the
				  State are those specified in this Rule. They are the maximum allowable
				  concentrations resulting from any discharge of contaminants to the land or
				  waters of the State, which may be tolerated without creating a threat to human
				  health or which would otherwise render the groundwater unsuitable for its
				  intended best usage.
(b) The
				  groundwater quality standards for contaminants specified in Paragraphs (h) and
				  (i) of this Rule are as listed, except that:
(1) Where the standard for a substance is
				  less than the practical quantitation limit, the detection of that substance at
				  or above the practical quantitation limit constitutes a violation of the
				  standard. The practical quantitation limit, defined in Rule .0102 of this
				  Subchapter, is a scientific standard pursuant to
				  G.S.
				  150B-2(8a)(h).
(2) Where two or more substances exist in
				  combination, the Director shall consider the effects of chemical interactions
				  after consulting with the Division of Public Health and may establish maximum
				  concentrations at values less than those established in accordance with
				  Paragraphs (c), (h), or (i) of this Rule, based on additive toxic effects. In
				  the absence of information to the contrary, in accordance with Paragraph (d) of
				  this Rule, the carcinogenic risks associated with carcinogens present shall be
				  considered additive and the toxic effects associated with non-carcinogens
				  present shall also be considered additive.
(3) Where naturally occurring substances
				  exceed the established standard, the standard shall be the naturally occurring
				  concentration as established by the Director based upon site-specific
				  conditions.
(4) Where the
				  groundwater standard for a substance is greater than the Maximum Contaminant
				  Level (MCL), the Director shall apply the MCL as the groundwater standard at
				  any private drinking water well or public water system well that may be
				  impacted.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0301 - CLASSIFICATIONS: GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Schedule of Classifications. The classifications are based on the quality,
				  occurrence and existing or contemplated best usage of the groundwaters as
				  established in Section .0200 of this Subchapter and are assigned statewide
				  except where supplemented or supplanted by specific classification assignments
				  by major river basins.
(b)
				  Classifications and Water Quality Standards. The classifications and standards
				  assigned to the groundwaters are denoted by the letters GA, GSA, or GC. These
				  classifications refer to the classifications and standards established by Rule
				  .0201 of this Subchapter.
Authority
					 G.S.
					 143-214.1;
					 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0302 - STATEWIDE

Current through Register Vol. 39, No. 2, July 15, 2024
The classifications assigned to the groundwaters located
					 within the boundaries or under the extraterritorial jurisdiction of the State
					 of North Carolina are:
(1) Class GA
				  Waters. Those groundwaters in the state naturally containing 250 mg/l or less
				  of chloride are classified GA.
(2)
				  Class GSA Waters. Those groundwaters in the state naturally containing greater
				  than 250 mg/l chloride are classified GSA.
(3) Class GC Waters. Those groundwaters
				  assigned the classification GC in Rules .0303 - .0318 of this
				  Section.
Authority
					 G.S.
					 143-214.1;
					 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0303 - BROAD RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0304 - CAPE FEAR RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0305 - CATAWBA RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0306 - CHOWAN RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0307 - FRENCH BROAD RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0308 - HIWASSEE RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.