reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0501 - PURPOSE AND APPLICABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to establish a risk-based
					 corrective action approach for assessment and remediation of contamination at
					 certified dry-cleaning facilities or abandoned sites. This Rule applies to
					 risk-based corrective action undertaken pursuant to the terms of assessment and
					 remediation agreements between petitioners and the Division.
Authority
					 G.S.
					 143-215.104D;
					 143-215.104H;
					 143-215.104I;
Eff.
					 September 1, 2007;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0502 - ABATEMENT OF IMMINENT HAZARD

Current through Register Vol. 39, No. 2, July 15, 2024
If the Division determines from factors such as chemical
					 concentrations, exposure pathways, and receptors that contamination or
					 conditions at a site constitute an imminent hazard as defined in
					 G.S.
					 143-215.104B(b)(16), the
					 Division shall require the development and implementation of a plan to abate
					 the imminent hazard. Actions taken to abate the imminent hazard may include
					 alternate sources of drinking water, soil excavation, vapor mitigation, and
					 well abandonment.
Authority
					 G.S.
					 143-215.104C;
					 143-215.104D;
					 143-215.104N;
Eff.
					 September 1, 2007;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0503 - PRIORITIZATION OF CERTIFIED FACILITIES AND SITES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division shall determine the priority ranking of certified facilities and
				  abandoned sites for the initiation and scheduling of assessment and remediation
				  activities.
(b) The Division shall
				  consider the following factors in determining the priority ranking of a
				  facility or site:
(1) proximity of
				  contamination to public and private water supply wells and surface
				  water;
(2) existing or potential
				  impacts to public and private water supply wells and surface water;
(3) existing or potential vapors from
				  contamination entering buildings and other structures;
(4) existing or potential exposure to
				  contaminated soils;
(5) the degree
				  of contamination in soil, groundwater, and surface water; and
(6) any other factor relevant to the degree
				  of harm or risk to public health and the environment posed by the existence or
				  migration of contamination at the facility or site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0504 - CONTAMINATED SITE CHARACTERIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A site assessment shall describe:
(1) The source, types and levels of
				  contamination at the site;
(2) Any
				  immediate actions required to abate any imminent hazard to public health,
				  safety, or welfare or the environment;
(3) All receptors and exposure
				  pathways;
(4) The horizontal and
				  vertical extent of soil and groundwater contamination;
(5) The geology and hydrogeology of the
				  contaminated site, and features influencing the movement, chemical, and
				  physical character of the chemicals of concern;
(6) The current and anticipated uses of
				  property and groundwater at the site.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0505 - PRELIMINARY SOURCE REMOVAL

Current through Register Vol. 39, No. 2, July 15, 2024
The Division may authorize the performance of preliminary
					 source removal at a site that does not present an imminent hazard as set forth
					 in 15A
					 NCAC 02S .0502 prior to approval of a
					 remedial action plan if the Division determines that:
(1) The removal would eliminate or
				  significantly reduce a continuing source of contamination at the site, thereby
				  reducing the risk to public health and the environment;
(2) Current conditions at the site allow the
				  removal to be conducted in a manner that will result in cost savings to the
				  Fund; and
(3) There is sufficient
				  money in the Fund to pay for the removal and funding is appropriate based on
				  the relative priority of the site.
Authority
					 G.S.
					 143-215.104D(b)(3);
					 150B-21.2;
Eff.
					 September 1, 2007;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. April 25,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0506 - TIERED RISK ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A tiered risk
				  assessment shall be conducted to establish risk-based screening levels or
				  site-specific target levels for a site.
(b) A site conceptual model shall be
				  developed including the following elements:
(1) the type and distribution of chemicals of
				  concern;
(2) the geology and
				  hydrogeology;
(3) an exposure model
				  that identifies the receptors, including sensitive subgroups, and the exposure
				  pathways; and
(4) land use
				  classification as either residential or non-residential.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0508 - LAND-USE RESTRICTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division, pursuant to the risk assessment procedures of
					 15A NCAC
					 02S .0506, may require the imposition,
					 recordation, and enforcement of land-use restrictions pursuant to
					 G.S.
					 143-215.104M.
Authority
					 G.S.
					 143-215.104D;
					 143-215.104M;
Eff.
					 September 1, 2007;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter S - RULES AND CRITERIA FOR THE ADMINISTRATION OF THE DRY-CLEANING SOLVENT CLEANUP FUND › Section .0500 - RISK-BASED CORRECTIVE ACTION › Section 02S .0509 - NO FURTHER ACTION CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  "No Further Action" notice documents the Division's decision that the site has
				  been assessed and remediated, and that the site conditions pose no unacceptable
				  risks as long as the recorded land-use restrictions are maintained. The
				  Division shall issue a "No Further Action" notice if each of the following
				  criteria is met:
(1) risk-based screening
				  levels or site-specific target levels for each chemical of concern have been
				  achieved, and, if applicable, plant and animal receptors and their habitats
				  have been protected;
(2) monitoring
				  of the groundwater plume for at least one year following a complete site
				  characterization as described in
				  15A NCAC
				  02S .0504 shows that the plume is not
				  expanding, and concentrations of chemicals of concern in groundwater exhibit a
				  stable or decreasing trend based on all available data representative of the
				  entirety of the groundwater plume; and
(3) all required land-use restrictions and
				  notices pursuant to
				  G.S.
				  143-215.104M have been filed in the office of
				  the register of deeds of the county or counties in which the property described
				  is located.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Subchapter shall govern application for
					 and issuance of permits for the following systems that do not discharge to
					 surface waters of the state:
(1) sewer
				  systems;
(2) disposal
				  systems;
(3) treatment
				  works;
(4) residual and residue
				  disposal/utilization systems;
(5)
				  animal waste management systems;
(6) treatment of contaminated soils;
				  and
(7) stormwater management
				  systems pursuant to
				  15A NCAC
				  02H .1000.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0102 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Subchapter shall apply to all persons
					 proposing to construct, alter, extend, or operate any sewer system, treatment
					 works, disposal system, contaminated soil treatment system, animal waste
					 management system, stormwater management system, or residual management system,
					 that does not discharge to surface waters of the State. However, these Rules
					 shall not apply to sanitary sewage systems or solid waste management facilities
					 that are permitted under the authority of the Commission for Public Health. The
					 provisions for stormwater NPDES systems that discharge to waters of the State
					 are codified in
					 15A NCAC
					 02H .1000. The rules in this Section are
					 general requirements that shall apply to all program rules in this
					 Subchapter.
Authority
					 G.S.
					 130A-335;
					 143-215.1;
					 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0104 - REPEALED - ACTIVITIES WHICH REQUIRE A PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-335;
					 143-215.1;
					 143-215.3(a)(1);
Eff. September 1, 2006;
Repealed Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0106 - SUBMISSION OF PERMIT APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Permit applications, supporting information, and processing fees for permits
				  issued by the Division shall be filed with the Division. Applications for
				  permits from a Division-approved local permitting program shall be submitted to
				  the local program director. Division permit processing fees shall not be
				  required for permits issued by delegated local permitting programs.
(b) Permit applications shall be signed as
				  follows:
(1) in the case of corporations, by a
				  principal executive officer of at least the level of vice-president or his
				  authorized representative;
(2) in
				  the case of a partnership or a limited partnership, by a general
				  partner;
(3) in the case of a sole
				  proprietorship, by the proprietor;
(4) in the case of a municipal, state, or
				  other public entity, by either an executive officer, elected official in the
				  highest level of elected office, or other authorized employee.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0107 - STAFF REVIEW AND PERMIT PREPARATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The staff of the Division shall conduct a review of plans, specifications, and
				  other project data accompanying the application and shall determine if the
				  application and required information are complete. The staff shall acknowledge
				  receipt of a complete application except for fast-track sewer applications. The
				  local government unit or units having jurisdiction over specific residential
				  projects shall be notified of permit applications in accordance with
				  G.S.
				  143-215.1(d1).
(b) If the application does not include all
				  required information and the application fee, the application shall be returned
				  to the applicant. The staff shall advise the applicant:
(1) how the application or accompanying
				  supporting information may be modified to make it acceptable for review;
				  and
(2) that the 90 day processing
				  period required in
				  G.S.
				  143-215.1 and Rule .0108 of this Section
				  begins upon receipt of a corrected application with required supporting
				  information.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0108 - FINAL ACTION ON PERMIT APPLICATIONS TO THE DIVISION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Director shall take final action on all applications not later than 90 days
				  following receipt of a complete application together with all required
				  information. All permits, renewals of permits, and decisions denying permits or
				  renewals shall be in writing.
(b)
				  The Director shall:
(1) issue a permit:
(A) containing such conditions as are
				  necessary to effectuate the purposes of Article 21, Chapter 143 of the General
				  Statutes; and
(B) containing time
				  schedules for achieving compliance with applicable effluent standards and
				  limitations, surface water or groundwater standards and other legally
				  applicable requirements;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0109 - PERMIT RENEWALS

Current through Register Vol. 39, No. 2, July 15, 2024
Requests for permit renewals shall be submitted to the
					 Director at least 180 days prior to expiration unless the permit has been
					 revoked by the Director in accordance with Rule .0110 of this Section or a
					 request has been made to rescind the permit. Renewal requests shall be made in
					 accordance with Rule .0105 and Rule .0106 of this Section.
Authority
					 G.S.
					 143-215.3(a)(1);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0110 - MODIFICATION AND REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
A permit issued by the Division pursuant to this Subchapter
					 shall be subject to revocation or modification upon 60 days notice by the
					 Director in whole or part for the following reasons:
(1) violation of any terms or conditions of
				  the permit or this Subchapter;
(2)
				  obtaining a permit by misrepresentation or failure to disclose all relevant
				  facts;
(3) refusal of the permittee
				  to allow authorized employees of the Department upon presentation of
				  credentials:
(a) to enter upon permittee's
				  premises where a system is located or where any records are required to be kept
				  under terms and conditions of the permit;
(b) to have access to any documents and
				  records required to be kept under terms and conditions of the permit;
(c) to inspect any monitoring equipment or
				  method required in the permit; or
(d) to sample any pollutants;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0112 - DELEGATION OF AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
For permits issued by the Division, the Director is
					 authorized to delegate any or all of the functions contained in the rules of
					 this Subchapter except the following:
(1) denial of a permit application;
(2) revocation of a permit not requested by
				  the permittee; and
(3) modification
				  of a permit not requested by the permittee.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0115 - OPERATIONAL AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  issuance or reissuance of a permit pursuant to this Subchapter for a wastewater
				  facility or sewer extension as specified in
				  G.S.
				  143-215.1(d1), a private
				  applicant shall:
(1) demonstrate that the
				  applicant has been designated as a public utility by the North Carolina
				  Utilities Commission and is authorized to provide service to the specific
				  project area. This may be a Certificate of Public Convenience and Necessity or
				  letter from the Public Staff; or
(2) enter into and submit an executed
				  Operational Agreement pursuant to
				  G.S.
				  143-215.1(d1) with the
				  Division.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0116 - CERTIFICATION OF COMPLETION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Prior to the operation of any sewer system, treatment works, utilization
				  system, or disposal system for which an individual permit has been issued in
				  accordance with this Subchapter and the application prepared by licensed
				  professional, a certification shall be received by the Division from a
				  professional certifying that the sewer system, treatment works, utilization
				  system, or disposal system has been installed in accordance with the rules, all
				  minimum design criteria except as noted, and approved plans and specifications.
				  The professional certification shall be on Division-approved forms completely
				  filled out, where applicable, and submitted to the Division. For facilities
				  with phased construction or if there is a need to operate certain equipment
				  under actual operating conditions prior to certification, additional
				  certification shall be required as follow-ups to the initial, pre-operation
				  certification. The Division may not acknowledge receipt of engineering
				  certifications. The permittee and the professional shall track the submittal of
				  certifications.
(b) To transfer
				  ownership of a sewer extension, a change of ownership request shall be
				  submitted on Division-approved forms after certifying completion of the
				  project.
(c) All deeds, easements,
				  and encroachment agreements necessary for installation, operation, and
				  maintenance of the system shall be obtained prior to operation of the
				  system.
(d) The permittee shall
				  maintain a copy of the individual permit and a set of final record drawings for
				  the life of the facility.
Authority
					 G.S.
					 143-215.1;
Eff. September 1,
					 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0117 - TREATMENT FACILITY OPERATION AND MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  For facilities permitted under this Subchapter, the permittee shall designate
				  an Operator in Responsible Charge and a back-up operator as required by the
				  Water Pollution Control System Operators Certification Commission pursuant to
				  15A NCAC
				  08F .0200 and
				  15A NCAC
				  08G .0200.
(b) The Operator in Responsible Charge or a
				  back-up operator when appropriate shall operate and visit the facility as
				  required by the Water Pollution Control System Operators Certification
				  Commission pursuant to
				  15A NCAC
				  08F .0200 and
				  15A NCAC
				  08G .0200.
Authority
					 G.S.
					 143-215.3;
Eff. September 1,
					 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0118 - DEMONSTRATION OF FUTURE WASTEWATER TREATMENT CAPACITIES

Current through Register Vol. 39, No. 2, July 15, 2024
No permits for sewer line extensions shall be issued to
					 wastewater treatment systems owned or operated by municipalities, counties,
					 sanitary districts, or public utilities unless they meet the following
					 requirements:
(1) Prior to exceeding
				  80 percent of the system's permitted hydraulic capacity (based on the average
				  flow during the last calendar year), the permittee shall submit an engineering
				  evaluation of their future wastewater treatment, utilization, and disposal
				  needs. This evaluation shall outline plans for meeting future wastewater
				  treatment, utilization, or disposal needs by either expansion of the existing
				  system, elimination or reduction of extraneous flows, or water conservation and
				  shall include the source of funding for the improvements. If expansion is not
				  proposed or is proposed for a later date, a justification shall be made that
				  wastewater treatment needs will be met based on past growth records and future
				  growth projections and, as appropriate, shall include conservation plans or
				  other measures to achieve waste flow reductions.
(2) Prior to exceeding 90 percent of the
				  system's permitted hydraulic capacity (based on the average flow during the
				  last calendar year), the permittee shall obtain all permits needed for the
				  expansion of the wastewater treatment, utilization, or disposal system and, if
				  construction is needed, submit final plans and specifications for expansion,
				  including a construction schedule. If expansion is not proposed or is proposed
				  for a later date, a justification shall be made that wastewater treatment needs
				  will be met based on past growth records and future growth projections and, as
				  appropriate, shall include conservation plans or other specific measures to
				  achieve waste flow reductions.
(3)
				  The Director shall allow permits to be issued to facilities that are exceeding
				  the 80 percent or 90 percent disposal capacity if the additional flow is not
				  projected to result in the facility exceeding its permitted hydraulic capacity,
				  the facility is in compliance with all other permit limitations and
				  requirements, and adequate progress is being made in developing the required
				  engineering evaluations or plans and specifications. In determining the
				  adequacy of the progress, the Director shall consider the projected flows, the
				  complexity and scope of the work to be completed, and any projected
				  environmental impacts.
Authority
					 G.S.
					 143-215.3;
Eff. September 1,
					 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0100 - GENERAL REQUIREMENTS › Section 02T .0120 - HISTORICAL CONSIDERATION IN PERMIT APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division shall consider an applicant's compliance history in accordance
				  with G.S.
				  143-215.1(b)(4)b.2. and with
				  the requirements contained in this Rule for environmental permits and
				  certifications issued pursuant to Article 21.
(b) When any of the following apply, permits
				  for new and expanding facilities shall not be granted unless the Division
				  determines that the permit is specifically and solely needed for the
				  construction of facilities to resolve non-compliance with any environmental
				  statute or rule:
(1) The applicant or any
				  parent, subsidiary, or other affiliate of the applicant has been convicted of
				  environmental crimes under
				  G.S.
				  143-215.6B or under Federal law that would
				  otherwise be prosecuted under
				  G.S.
				  143-215.6B and all appeals of this conviction
				  have been abandoned or exhausted.
(2) The applicant or any parent, subsidiary,
				  or other affiliate of the applicant has previously abandoned a wastewater
				  treatment facility without properly closing the facility in accordance with its
				  permit or this Subchapter.
(3) The
				  applicant or any parent, subsidiary, or other affiliate of the applicant has
				  not paid a civil penalty and all appeals of this penalty have been abandoned or
				  exhausted.
(4) The applicant or any
				  parent, subsidiary, or other affiliate of the applicant is currently not
				  compliant with any compliance schedule in a permit, settlement agreement, or
				  order.
(5) The applicant or any
				  parent, subsidiary, or other affiliate of the applicant has not paid an annual
				  fee in accordance with Rule .0105(e)(2) of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0200 - WASTEWATER PUMP AND HAUL SYSTEMS › Section 02T .0201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
This Section shall apply to all pump and haul activities of
					 wastewater under the authority of the Division. This Section shall not apply to
					 the transport of animal waste from animal waste management systems permitted
					 under Section .1300 of this Subchapter and Section .1400 of this Subchapter. In
					 addition, this Section shall not apply to the transport of wastewater residuals
					 or biosolids permitted under Section .1100 of this Subchapter or Section .1200
					 of this Subchapter.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0200 - WASTEWATER PUMP AND HAUL SYSTEMS › Section 02T .0203 - PERMITTING BY REGULATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The following systems shall be deemed permitted pursuant to Rule .0113 of this
				  Subchapter if the system meets the criteria in Rule .0113 of this Subchapter
				  and all criteria required for that system in this Rule:
(1) washwater from single-beverage kiosks and
				  similar operations not regulated under the authority of the Division of Public
				  Health if the following criteria are met:
(A)
				  the facility notifies the appropriate Division regional office in writing
				  advising of the type of operation, type and quantity of wastewater generated,
				  and the receiving wastewater treatment facility. A letter from the facility
				  that is accepting the wastewater (type and quantity) agreeing to accept
				  wastewater from the applicant shall be included;
(B) the wastewater does not contain any human
				  waste; and
(C) the waste is
				  collected and discharged into a sewer or treatment system designed and
				  permitted to accept the type of wastewater being pumped and hauled.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0200 - WASTEWATER PUMP AND HAUL SYSTEMS › Section 02T .0204 - PERMITTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permits for
				  domestic wastewater shall only be issued in cases of environmental emergencies,
				  nuisance conditions such as odors and vectors, health problems, or for
				  unavoidable delays in construction of systems previously permitted under this
				  Section. Applications for pump and haul permits for unavoidable construction
				  delays shall include documentation demonstrating the delay could not be
				  avoided. Failure to complete construction prior to the expiration of a pump and
				  haul permit due to unavoidable construction delays shall subject the permittee
				  to enforcement action by the Division if the delay could have been avoided by
				  payment of additional costs. The permits shall be issued for a period of no
				  more than six months unless the Director determines that conditions are such
				  that the final waste management options cannot be implemented within six
				  months.
(b) Applications shall
				  include a letter from the facility accepting the wastewater, agreeing to accept
				  both the type and quantity of wastewater from the applicant for the proposed
				  activity.
(c) Pump and haul
				  facilities shall include at a minimum 24 hours storage equipped with high-water
				  alarms.
(d) Permitted pump and haul
				  facilities or activities under this rule shall be inspected at least daily by
				  the permittee or its representative.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a.);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0300 - SEWER EXTENSIONS › Section 02T .0301 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section shall apply to all sewer
					 extensions, including gravity sewers, pump stations, force mains, vacuum
					 sewers, pressure sewers including septic tank effluent pump (STEP) systems, or
					 alternative sewer systems that discharge to another sewer s system, and to
					 requirements for local delegated sewer extension permitting
					 programs.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0300 - SEWER EXTENSIONS › Section 02T .0304 - APPLICATION SUBMITTAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Applications
				  for permits pursuant to this Section shall be made on forms provided by the
				  Division which may be found at
				  https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/sewer-extension-permitting.
(b) Applications shall not be submitted
				  unless the permittee has assured downstream sewer capacity.
(c) For pressure sewers, vacuum sewers, STEP
				  systems, and other alternative sewer systems discharging into a sewer system,
				  the Permittee, by certifying the permit application and receiving an issued
				  permit, shall maintain in operable condition all pumps, tanks, service
				  laterals, and main lines as permitted, excluding the line from a building to
				  the septic or pump tank.
(d) For
				  sewer extensions that have been designed in accordance with all applicable
				  rules and design criteria, and if plans, calculations, specifications, and
				  other supporting documents have been sealed by a professional engineer,
				  application may be made according to the fast-track permitting
				  process.
(e) An application for
				  sewers involving an Environmental Assessment shall not be considered complete
				  until either a Finding of No Significant Impact or an Environmental Impact
				  Statement and Record of Decision has been issued.
(f) Sewer systems for which the design
				  criteria has not been developed or that do not meet all applicable rules and
				  design criteria shall be submitted for a full technical review using the
				  official application form for those systems which may be found at
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/sewer-xtension-permitting
.
(g) If the application is not submitted by
				  the owner of the receiving collection system or treatment works, the
				  application shall include a letter of agreement from the owner or an official
				  of the receiving collection system or treatment works that accepts the
				  wastewater and that meets the criteria if Rule .0106 of this Subchapter. In
				  addition, this letter shall:
(1) specifically
				  refer to the project, regardless whether capacity has been purchased through an
				  intergovernmental agreement of contract;
(2) signify that the owner of the receiving
				  collection system or treatment works has adequate capacity to transport and
				  treat the proposed new wastewater; and
(3) shall be dated within 12 months from the
				  date of submitting the application.
This letter shall not obviate the need for the downstream
					 sewer capacity calculations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0300 - SEWER EXTENSIONS › Section 02T .0305 - DESIGN CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Sewer and sewer
				  extensions shall not be constructed in the following areas:
(1) a natural area designated on the State
				  Registry of Natural Heritage Areas by a protection agreement between the owner
				  and the Secretary, unless no prudent, feasible, or technologically possible
				  alternative exists; or,
(2) a
				  natural area dedicated as a North Carolina Nature Preserve by mutual agreement
				  between the owner and State of North Carolina represented by the Governor and
				  Council of State, unless the Governor and Council of State agree that no
				  prudent, feasible, or technologically possible alternative exists;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0400 - SYSTEM-WIDE COLLECTION SYSTEM PERMITTING › Section 02T .0401 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section shall apply to system-wide
					 collection systems pursuant to
					 G.S.
					 143-215.9B, governing the issuance of
					 system-wide permits for collection systems relating to operation and
					 maintenance of sewers, pump stations, force mains, and all
					 appurtenances.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a);
					 143-215.9B;
Eff.
					 September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0400 - SYSTEM-WIDE COLLECTION SYSTEM PERMITTING › Section 02T .0402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions shall apply in this
					 Section:
(1) "Collection system" means
				  a public or private sewer system that conveys wastewater to a designated
				  wastewater treatment facility or separately-owned sewer system. For purposes of
				  permitting, the collection system shall include any existing or newly installed
				  sewer system extension up to the wastewater treatment facility property or
				  point of connection with a separately-owned sewer system.
(2) "High-priority sewer" means any aerial
				  sewer, sewer contacting surface waters, siphon, sewer positioned parallel to
				  streambanks that is subject to erosion that undermines or deteriorates the
				  sewer, or sewer designated as a high priority in a Division-issued permit if
				  the sewer does not meet minimum design requirements.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a);
					 143-215.9B;
Eff.
					 September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0400 - SYSTEM-WIDE COLLECTION SYSTEM PERMITTING › Section 02T .0404 - MULTIPLE COLLECTION SYSTEMS UNDER COMMON OWNERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
If a public entity owns multiple but separate collection
					 systems, such as those that are tributary to separate plants, and any one is
					 subject to an individual permit, all of the collection systems shall be covered
					 by one permit. This shall not be applicable to public utilities authorized to
					 operate by the North Carolina Utilities Commission that own several individual
					 systems within the state.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a);
					 143-215.9B;
Eff.
					 September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0400 - SYSTEM-WIDE COLLECTION SYSTEM PERMITTING › Section 02T .0405 - IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permit
				  applications for the initial issuance of a collection system permit shall be
				  completed and submitted to the Division within 60 days of the collection system
				  owner's certified mail receipt of the Division's request for application
				  submittal. Permit renewal requests shall be submitted to the Director at least
				  180 days prior to expiration, unless the permit has been revoked in accordance
				  with 15A
				  NCAC 02T .0110, a request has been made to
				  rescind the permit, or the Director extends this deadline after a request from
				  the permittee and based on factors such as the degree of delay in submission of
				  the application or conditions out of the control of the permittee. All
				  applications shall be submitted in duplicate, completed on official forms, and
				  fully executed. Application forms are available at:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/collection-systems/system-wide-collection-system-permitting
.
(b) Collection systems subject to an
				  individual permit shall comply with the standards in Rule .0403 of this Section
				  and with conditions contained in an individual permit.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a);
					 143-215.9B;
Eff.
					 September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0500 - WASTEWATER IRRIGATION SYSTEMS › Section 02T .0501 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules in this Section shall apply to all surface
					 irrigation of wastewater systems not otherwise specifically governed by other
					 rules of this Subchapter. Surface irrigation of wastewater shall include spray
					 irrigation, drip irrigation, and any other application of wastewater to the
					 ground surface.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. September 1, 2006;
Readopted Eff. September 1,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0500 - WASTEWATER IRRIGATION SYSTEMS › Section 02T .0504 - APPLICATION SUBMITTAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirements in this Rule shall apply to all new and expanding
				  facilities.
(b) Soils report. A
				  soil evaluation of the disposal site shall be provided to the Division by the
				  applicant in a report that includes the following. If required by G.S. 89F, a
				  soil scientist shall prepare this evaluation:
(1) a field description of the soil profile,
				  based on examinations of excavation pits or auger borings, within seven feet of
				  land surface or to bedrock, describing the following parameters by individual
				  diagnostic horizons:
(A) the thickness of the
				  horizon;
(B) the texture;
(C) the color and other diagnostic
				  features;
(D) the
				  structure;
(E) the internal
				  drainage;
(F) the depth, thickness,
				  and type of restrictive horizon; and
(G) the presence or absence and depth of
				  evidence of any seasonal high water table.
Applicants shall dig pits when necessary for evaluation of
					 the soils at the site;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0500 - WASTEWATER IRRIGATION SYSTEMS › Section 02T .0505 - DESIGN CRITERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirements in this Rule shall apply to all new and expanding
				  facilities.
(b) New and expanding
				  systems:
(1) that are municipal, domestic, or
				  commercial facilities, except systems subject to Subparagraph (b)(2) of this
				  Rule, shall meet a monthly average of each of the following:
(A) five-day biochemical oxygen demand
				  (BOD5) (LESS THAN equal to) 30 mg/L;
(B) total suspended solids (TSS) (LESS THAN
				  equal to) 30 mg/L;
(C) ammonia
				  (NH3-N) (LESS THAN equal to) 15 mg/L; and
(D) fecal coliforms (LESS THAN equal to) 200
				  colonies/100 mL;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0500 - WASTEWATER IRRIGATION SYSTEMS › Section 02T .0506 - SETBACKS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The setbacks
				  for irrigation sites shall be as follows:
Spray (feet)
Drip (feet)
Each habitable residence or place of assembly
								  under separate ownership or not to be maintained as part of the project
								  site
400
100
Each habitable residence or place of assembly
								  owned by the permittee to be maintained as part of the project
								  site
200
15
Each private or public water supply
								  source
100
100
Surface waters such as intermittent and perennial
								  streams, perennial waterbodies, and wetlands
100
100
Groundwater lowering ditches where the bottom of
								  the ditch intersects the SHWT
100
100
Surface water diversions such as ephemeral
								  streams, waterways, and ditches
25
25
Each well with exception of monitoring
								  wells
100
100
Each property line
150
50
Top of slope of embankments or cuts of two feet
								  or more in vertical height
15
15
Each water line from a disposal
								  system
10
10
Subsurface groundwater lowering drainage
								  systems
100
100
Public right of way
50
50
Nitrification field
20
20
Each building foundation or
								  basement
15
15
(b) The setbacks for treatment and storage units
								  shall be as follows:
(feet)
Each habitable residence or place of assembly
								  under separate ownership or not to be maintained as part of the project
								  site
100
Each private or public water supply
								  source
100
Surface waters such as intermittent and perennial
								  streams, perennial waterbodies, and wetlands
50
Each well with exception of monitoring
								  wells
100
Each property line
50
(c) Achieving the reclaimed water effluent
				  standards established in
				  15A NCAC
				  02U .0301 shall permit the system to use the
				  setbacks set forth in
				  15A NCAC
				  02U .0701(d) for property
				  lines, and the compliance boundary shall be at the irrigation area
				  boundary.
(d) Setback waivers shall
				  be written, notarized, signed by all parties involved, and recorded with the
				  county Register of Deeds. Waivers involving the compliance boundary shall be in
				  accordance with
				  15A NCAC
				  02L .0107.
(e) Setbacks to property lines established in
				  Paragraphs (a) and (b) of this Rule shall not be applicable if the permittee,
				  or the entity from which the permittee is leasing, owns both parcels separated
				  by the property line.
(f) Habitable
				  residences or places of assembly under separate ownership constructed after the
				  non-discharge facilities were originally permitted or subsequently modified are
				  exempt from the setback requirements in Paragraphs (a) and (b) of this
				  Rule.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a);
Eff. September 1, 2006;
Amended Eff. June 18, 2011;
Readopted Eff. September 1, 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter T - WASTE NOT DISCHARGED TO SURFACE WATERS › Section .0500 - WASTEWATER IRRIGATION SYSTEMS › Section 02T .0507 - OPERATION AND MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  operation and maintenance plan shall be maintained for all systems. The plan
				  shall:
(1) describe the operation of the
				  system in sufficient detail to show what operations are necessary for the
				  system to function and by whom the operations are to be conducted;
(2) describe the anticipated maintenance of
				  the system;
(3) include provisions
				  for safety measures, including restriction of access to the site and equipment,
				  as appropriate; and
(4) include
				  spill control provisions, including:
(A)
				  response to upsets and bypasses, including control, containment, and
				  remediation; and
(B) contact
				  information for plant personnel, emergency responders, and regulatory
				  agencies.