reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0404 - NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) As used in
				  G.S.
				  143-215.22L(c)(3)(c),
				  notification of the "governing body of any public water system" refers to
				  public water systems that use surface water as their source rather than
				  groundwater. The governing body may be located in a state adjoining North
				  Carolina that is located in whole or in part of the surface drainage basin area
				  of the source river basin.
(b)
				  Notice shall be provided to all persons who hold a National Pollutant Discharge
				  Elimination System (NPDES) wastewater discharge permit for 100,000 gallons per
				  day or more for a discharge located within the area denoted by one of the
				  eight-digit cataloging units listed in
				  G.S.
				  143-215.22L(c)(2)(b) in
				  which the withdrawal or discharge will occur.
(c) Comments submitted pursuant to
				  G.S.
				  143-215.22L(c), (e), and (j)
				  that are received after the 30-calendar day comment period shall not be
				  considered in making determinations unless the Department extends the comment
				  period.
(d) Notification is to be
				  printed in a single newspaper of general circulation, as defined in
				  G.S.
				  1-597, for each county in which notification
				  is required as defined in
				  G.S.
				  143-215.22L(c)(2)(b).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0405 - ENVIRONMENTAL DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An evaluation
				  of beneficial and adverse impacts pursuant to
				  G.S.
				  143-215.22L(d) shall
				  include, but not be limited to, the results of an approved basinwide hydrologic
				  model specified in
				  G.S.
				  143-355(o), if available.
				  The Applicant is responsible for any necessary model modifications, scenario
				  development, and analysis of results. All model modifications and scenarios
				  must be approved by the Department. All basinwide models used and the
				  corresponding modeling results shall be made publicly available.
(b) For purposes of this Rule, an alternative
				  is considered economically infeasible if the demonstrated financial costs
				  exceed the applicants' ability to cover the cost of the alternative over the
				  span of the planning horizon.
(c)
				  The required environmental document shall include projections of future water
				  supply, transfers, and demands with a planning horizon of at least 30-years.
				  The baseline year for the planning horizon shall be determined based on
				  project-specific considerations, including the applicant's proposed baseline
				  year, the timing of the submission of the environmental documents required by
				  G.S.
				  143-215.22L(d), the
				  applicant's demonstrated current and projected water demand, and any other
				  project-specific considerations related to the needs of the requested transfer.
				  Projections shall be conducted on 10-year increments, at a minimum.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0406 - PETITION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  143-215.22L(g)(7), the
				  petition shall include an evaluation of impacts to reservoir water levels that
				  take into consideration the purposes for which the reservoir was constructed,
				  and any mandatory management activities required to maintain the reservoir per
				  any binding agreements between two or more parties related to such
				  purposes.
(b) Reasonably
				  foreseeable future water supply needs shall mean the projected water transfers
				  necessary to meet demands for not less than 30-years from the year in which the
				  Notice of Intent is filed in compliance with
				  G.S.
				  143-215.22L(c).
(c) Unless already approved by the Division,
				  an updated local water supply plan meeting the requirements set forth in
				  G.S.
				  143-355(l) for the previous
				  full calendar year shall be submitted to the Division for review and approval.
				  Once approved, the plan shall be adopted by the local government or large
				  community water system governing board.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0407 - SETTLEMENT/MEDIATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may appoint a mediation officer to initiate
					 settlement discussions. The mediation officer shall follow the most recent
					 guidance or mediation and settlement procedures approved by the
					 Commission.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0408 - FINAL DETERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The water
				  conservation plan shall meet all the requirements of
				  G.S.
				  143-215.22L(n)(1). Any
				  proposed ordinances, initiatives, or programs shall be approved by the unit of
				  local government within 90 calendar days of issuance of the IBT Certificate to
				  document the water conservation efforts. Consistent with the requirements
				  contained in
				  G.S.
				  143-215.22L(n)(1) an
				  applicant shall demonstrate, through its water conservation plan, that its
				  existing or proposed water conservation measures are equal to or exceed the
				  most stringent water conservation plan implemented by any public water system
				  in the source basin. The required demonstration shall be based on the existing
				  water conservation measures implemented by each of the public water supply
				  systems that withdraw from the source river basin. The water conservation plan
				  is subject to approval by the Department.
(b) Examples of metrics for supply-side water
				  conservation measures may include:
(1)
				  regularly conducted water system water audits, where the schedule and
				  methodology used are outlined;
(2)
				  a flushing optimization plan and accounting of use by a fire
				  department;
(3) a leak detection
				  program where the repair program abilities are described;
(4) storage tank level and pressure
				  management;
(5) water meter
				  replacement;
(6) metering testing
				  schedule;
(7) a plan to identify
				  failing meters; and
(8) details of
				  any existing water reuse programs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0400 - REGULATION OF SURFACE WATER TRANSFER › Section 02E .0409 - EMERGENCY TRANSFERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Pursuant to
				  G.S.
				  143-215.22L(q), an emergency
				  transfer of water may be requested in situations resulting from water supply
				  problems caused by a water quality incident, temporary failure of a water plant
				  or infrastructure, or any other temporary condition in which the public health,
				  safety, or welfare requires the transfer of water. With the understanding that
				  these proposed actions are occurring under emergency situations, the Secretary
				  shall make reasonable attempts to consult with parties described in
				  G.S.
				  143-215.22L(3)(c) prior to
				  making a determination. Emergency transfers shall not take the place of, or be
				  issued in lieu of, a permanent or modified transfer certificate. Per
				  G.S.
				  143-215.22L(q), as a
				  condition of the transfer, the applicant shall demonstrate and convey to the
				  Department that the amount of water transferred shall be minimized through
				  water efficiency measures for the duration of the transfer.
(b) When possible, a request for an emergency
				  transfer shall be submitted to the Department prior to the transfer, such as in
				  the case of drought, plant maintenance, or other planned or foreseeable
				  activities. Prior to starting the emergency transfer, the applicant shall
				  submit a request to the Department for Secretary approval, either in writing or
				  electronically, which shall include:
(1) the
				  nature or circumstances of the event that is prompting the transfer
				  request;
(2) the affected river
				  basins between which the requested emergency transfer would occur;
(3) the estimated quantity of water to be
				  transferred; and
(4) the
				  anticipated duration of the requested emergency transfer.
No water shall be transferred prior to Secretary
					 approval.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0501 - DECLARATION AND DELINEATION OF CENTRAL COASTAL PLAIN CAPACITY USE AREA

Current through Register Vol. 39, No. 2, July 15, 2024
The area encompassed by the following 15 North Carolina
					 counties and adjoining creeks, streams, and rivers is hereby declared and
					 delineated as the Central Coastal Plain Capacity Use Area:
(1) Beaufort
(2) Carteret
(3) Craven
(4) Duplin
(5) Edgecombe
(6) Greene
(7) Jones
(8) Lenoir
(9) Martin
(10) Onslow
(11) Pamlico
(12) Pitt
(13) Washington
(14) Wayne; and
(15) Wilson.
The use of ground water requires coordination and limited
					 regulation in this delineated area for protection of the public interest. The
					 intent is to protect the long-term productivity of aquifers within the
					 designated area and to allow the use of ground water for uses at rates which do
					 not exceed or threaten to exceed the recharge rate of the aquifers within the
					 designated area.
Authority
					 G.S.
					 143-215.13;
Eff. August 1,
					 2002;
Readopted Eff. January 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0502 - WITHDRAWAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permits are not
				  required for surface water use under Section .0500 of this Subchapter in the
				  Central Coastal Plain Capacity Use Area as delineated in Rule .0501 of this
				  Section.
(b) No person shall
				  withdraw ground water in excess of 100,000 gallons per day by a well, group of
				  wells operated as a system, or sump for any purpose unless he or she obtains a
				  water use permit from the Director.
(c) Ground water withdrawals shall be
				  governed by the following standards:
(1)
				  Adverse impacts of ground water withdrawals shall be avoided or minimized.
				  Adverse impacts include, but are not limited to:
(A) dewatering of aquifers;
(B) encroachment of salt water;
(C) land subsidence or sinkhole development;
				  or
(D) declines in aquifer water
				  levels that indicate that aggregate water use exceeds the aquifer replenishment
				  rate.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0503 - REPEALED - PRESCRIBED WATER USE REDUCTIONS IN CRETACEOUS AQUIFER ZONES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.15;
Eff. August 1,
					 2002;
Repealed Eff. January 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0504 - REQUIREMENTS FOR ENTRY AND INSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division may enter and inspect property in order to evaluate wells, pumps,
				  metering equipment, or other withdrawal or measurement devices and records of
				  water withdrawals and water levels, if:
(1)
				  Persons conduct an activity that the Division believes requires the use of
				  water at quantities that subject the person pursuant to Rule .0502(b) of this
				  Section.
(2) A permittee or
				  applicant has not provided data or information on use of water and wells and
				  other water withdrawal facilities as required by these Rules; or
(3) Water levels and chloride concentrations
				  at the person's facility, or at nearby facilities or monitoring stations,
				  indicate that aquifers may be damaged by overpumping, salt water encroachment,
				  or other adverse impacts that may be attributed to withdrawal by the
				  person.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0505 - ACCEPTABLE WITHDRAWAL METHODS THAT DO NOT REQUIRE A PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person who is not subject to Rule
				  .0502 of this Section and withdraws more than 10,000 gallons per day from
				  surface or ground water in the Central Coastal Plain Capacity Use Area, shall
				  register such withdrawals on a form supplied by the Division pursuant to
				  G.S.
				  143-355(k) and comply with
				  the following provisions:
(1) construct new
				  wells such that the pump intake or intakes are above the top of the uppermost
				  confined aquifer that yields water to the well. Confined aquifer tops are
				  established in the hydrogeological framework;
(2) report surface and ground water use to
				  the Division of Water Resources on an annual basis on a form supplied by the
				  Division; and
(3) withdraw water in
				  a manner that does not damage the aquifer, cause salt water encroachment, or
				  other adverse impacts.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0506 - REPEALED - CENTRAL COASTAL PLAIN CAPACITY USE AREA STATUS REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.14;
Eff. August 1,
					 2002;
Repealed Eff. January 1,
					 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0500 - CENTRAL COASTAL PLAIN CAPACITY USE AREA › Section 02E .0507 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following is a list of definitions for terms found in
					 Section .0500 of this Subchapter:
(1)
				  Approved base rate: The larger of a person's January 1, 1997 through December
				  31, 1997 or August 1, 1999 through July 31, 2000 annual water use rate from the
				  Cretaceous aquifer system, or an adjusted water use rate determined by the
				  Division based upon documentation of the following information:
(a) water use reductions made since January
				  1, 1992;
(b) use of wells for which
				  funding has been approved or for which plans have been approved by the
				  Department of Environmental Quality by August 1, 2002;
(c) the portion of a plant nursery operation
				  using low volume micro-irrigation; or
(d) other information pertaining to water use
				  during the time periods specified.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0601 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to minimize harmful impacts
					 of drought and water supply emergencies on public health and safety,
					 environmental quality, and the economy by establishing minimum standards and
					 practices for water shortage response planning, water use reporting, water
					 conservation, and water reuse during droughts and water supply
					 emergencies.
Authority
					 G.S.
					 143-354(a)(1);
					 143-354(a)(8);
					 S.L. 2002-167;
Eff. March 19, 2007;
Readopted Eff.
					 January 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0603 - GENERAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions
				  of this Section apply to the following classes of water users:
(1) Publicly owned and privately owned water
				  supply systems;
(2) State
				  agencies;
(3) Units of local
				  government;
(4) Business and
				  industrial water users; and
(5)
				  Agricultural and horticultural water users.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0604 - ANNUAL REPORTING OF WATER USE DATA

Current through Register Vol. 39, No. 2, July 15, 2024
In order to improve the availability of data for the
					 development of the State water supply plan to be used when managing water
					 resources during drought and water supply emergencies and to provide a basis
					 for evaluating the effectiveness of emergency water conservation measures, the
					 following data reporting requirements have been established:
(1) Water systems that are required to
				  prepare a Local Water Supply Plan under
				  G.S.
				  143-355(l) shall,
				  irrespective of the issuance of a drought advisory, annually report to the
				  Department the following information:
(a)
				  Water system identification information;
(b) Annual average daily water use (total
				  amount of surface and ground water withdrawn as well as water supplied by
				  another system) by the water system, in million gallons per day
				  (MGD);
(c) The average daily water
				  use (total amount of surface and ground water withdrawn as well as water
				  supplied by another system) for each month of the prior calendar year, in
				  million gallons per day (MGD);
(d)
				  The number of connections for residential, industrial, commercial, and
				  institutional metered and non-metered water use, as of December
				  31st of the reporting year;
(e) The annual average daily water use in
				  million gallons per day (MGD) categorized by residential, industrial,
				  commercial, institutional water uses, and sales to other systems to the extent
				  that this information by category is available; and
(f) Water used by the system, in addition to
				  the amount delivered to customers, to meet water treatment and distribution
				  requirements, in million gallons per day (MGD).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0605 - WATER USE REDUCTION REPORTING, NEW WATER WITHDRAWAL REPORTING AND REGIONAL COORDINATION DURING DROUGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
In order to promote regional cooperation for the equitable
					 use of water resources during a drought or other water supply emergency, all
					 persons, as specified below, shall comply with the following reporting and
					 coordination procedures:
(1) Publicly
				  and privately owned community water systems and units of local government shall
				  report to the Division of Water Resources the implementation of mandatory water
				  conservation measures within 72 hours of their initial enactment.
(2) All persons that intend to make a new
				  water withdrawal that have not previously been registered under
				  G.S.
				  143-215.22H, of 100,000 gallons or more in an
				  area designated by the Council as suffering from Extreme or Exceptional Drought
				  shall report to the Division of Water Resources, by the same means outlined in
				  Rule .0604(3) of this Section, the following information at least seven days
				  prior to the withdrawal:
(a) Contact
				  information for the person making the water withdrawal;
(b) Source(s) of water to be
				  withdrawn;
(c) Number of days water
				  is anticipated to be withdrawn; and
(d) Anticipated average daily withdrawal in
				  million gallons per day (MGD).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0606 - WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
All classes of water users shall prepare a Water Shortage
					 Response Plan in accordance with Rules .0607-.0611 of this Section. The purpose
					 of these Water Shortage Response Plans is to plan for an effective course of
					 action to minimize harmful impacts of drought and water supply emergencies on
					 public health and safety, environmental quality, and the economy. Water
					 Shortage Response Plans shall take into account the specific characteristics of
					 the water sources and the water uses for which the plan is
					 prepared.
Authority
					 G.S.
					 143-354(a)(1);
					 143-355(l); S.L.
					 2002-167;
Eff. March 19, 2007;
Readopted Eff. January
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0607 - PUBLICLY AND PRIVATELY OWNED WATER SYSTEM WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Units of local
				  governments and large community water systems that are required to prepare a
				  Local Water Supply Plan under
				  G.S.
				  143-355(l) shall include the
				  following information in their local Water Shortage Response Plans for review
				  by the Division of Water Resources:
(1) The
				  designation of a staff position or organizational unit responsible for the
				  implementation of their Water Shortage Response Plan;
(2) Notification procedures that will be used
				  to inform employees and water users about the implementation of the plan and
				  required water conservation response measures;
(3) Tiered levels of response actions to be
				  taken to reduce water use based on the severity of water shortage
				  conditions;
(4) Specific
				  measurements of available water supply, water demand, and system conditions
				  that will be used to determine the severity of water shortage conditions and to
				  initiate water use reduction measures and the movement between various
				  levels;
(5) Procedures that will be
				  used to regulate compliance with the provisions of the plan;
(6) Procedures for affected parties to review
				  and comment on the plan prior to final adoption;
(7) Procedures to receive and review
				  applications for variances from specific requirements of the plan and the
				  criteria that will be considered in the determination to issue a
				  variance;
(8) An evaluation method
				  to determine the actual water savings accomplished and the effectiveness of the
				  Water Shortage Response Plan when implemented; and
(9) Procedures for revising and updating
				  Water Shortage Response Plans to improve plan effectiveness and adapt to new
				  circumstances.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0608 - STATE AGENCY WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) State agencies that supply their own
				  water shall prepare a written plan for responding to water shortages using the
				  provisions of Rule .0607(a) of this Section.
(b) State agencies that are supplied water by
				  a publicly or privately owned water system shall:
(1) Review normal operating procedures and
				  water use to identify options to reduce water use and maximize water use
				  efficiency during water supply emergencies, including changes to normal
				  operating procedures;
(3) Provide
				  information to their water purveyor(s) upon request to support development of
				  the purveyor's Water Shortage Response Plan(s), including the agency's ability
				  to reduce water use and limitations to reducing water use during droughts and
				  water emergencies;
(4) Develop
				  procedures for informing employees of drought designations, water emergency
				  declarations, and response measures; and
(5) Evaluate the feasibility of reclaiming
				  and recycling water to meet water needs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0609 - LOCAL GOVERNMENT WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Units of local government that provide
				  water to the public shall meet the requirements of Rule .0607(a) of this
				  Section.
(b) Units of local
				  government that do not provide water to the public shall:
(1) Review normal water use for the types and
				  number of facilities operated to identify options to reduce water use and
				  maximize water use efficiency by local government operations during water
				  shortage emergencies, including possible changes to normal operating
				  procedures;
(2) Cooperate with
				  local water purveyor(s) on the development and implementation of the purveyor's
				  Water Shortage Response Plan(s);
(3) Establish a procedure for informing
				  citizens of drought designations, recommended conservation activities, and
				  mandatory response measures to reduce water use during droughts and water
				  shortage emergencies;
(4) Provide a
				  mechanism whereby residents can apply for and receive a variance from specific
				  water use reduction requirements implemented by local governments;
(5) Consider hardships that water shortage
				  response policies and ordinances may cause water users who have already made
				  improvements to maximize water use efficiency in their daily operations;
				  and
(6) Evaluate the feasibility of
				  reclaiming and recycling water to meet water needs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0610 - BUSINESS AND INDUSTRIAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Self-supplied business and industrial
				  water users subject to the water withdrawal registration requirements of
				  G.S.
				  143-215.22H shall prepare a written plan, for
				  responding to water shortages that is consistent with industry water efficiency
				  and drought response guidelines, that incorporate the relevant provisions of
				  Rule .0607(a) of this Section.
(b)
				  Business and industrial water users that depend on the water storage of a
				  privately or publicly owned impoundment or withdraw water under a contract
				  issued by the owner of an impoundment shall have a written plan for responding
				  to water shortages that is consistent with the provisions of the contract and
				  with any Water Shortage Response Plan provisions established by the owner of
				  the impoundment.
(c) Business and
				  industrial water users that are supplied water by a publicly or privately owned
				  water system shall establish a procedure for responding to water shortages that
				  is complementary to their water purveyor's Water Shortage Response
				  Plan.
Authority
					 G.S.
					 143-354(a)(1); S.L.
					 2002-167;
Eff. March 19, 2007;
Readopted Eff. January
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0611 - AGRICULTURAL AND HORTICULTURAL WATER SHORTAGE RESPONSE PLANNING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Agricultural and horticultural water
				  users subject to the water withdrawal registration requirements of
				  G.S.
				  143-215.22H shall develop a written plan for
				  responding to water shortages to maximize water use efficiency and reduce water
				  usage to the maximum extent possible. Any of the guidance documents on best
				  management practices for the efficient use of water in agricultural and
				  horticultural operations developed by the United States Department of
				  Agriculture's Natural Resources Conservation Service, the North Carolina
				  Department of Agriculture and Consumer Services (NCDA&CS), the NCDA&CS
				  Division of Soil and Water Conservation, North Carolina State University, the
				  North Carolina Cooperative Extension Service, or other industry trade
				  organizations may be used to assist agricultural and horticultural water users
				  identify the most appropriate water use efficiency measures that they may
				  incorporate into the plan for their particular operational needs.
(b) When a region of the State is designated
				  as suffering from Severe Drought, Extreme Drought, or Exceptional Drought by a
				  NCDMAC drought advisory, agricultural and horticultural water users shall
				  reexamine and maintain water delivery systems to minimize water loss and
				  maximize water use efficiency.
(c)
				  Agricultural and horticultural water users that depend on the water storage of
				  a privately or publicly owned impoundment or withdraw water under a contract
				  issued by the owner of an impoundment shall have a written plan for responding
				  to water shortages that is consistent with the provisions of the contract and
				  with any Water Shortage Response Plan provisions established by the owner of
				  the impoundment.
Authority S.L.
					 2002-167;
Eff. March 19, 2007;
Readopted Eff. January
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0612 - DEFAULT WATER SHORTAGE RESPONSE PLANNING MEASURES

Current through Register Vol. 39, No. 2, July 15, 2024
Publicly or privately owned water systems that are required
					 to prepare a Local Water Supply Plan under
					 G.S.
					 143-355(l) that do not have
					 a written Water Shortage Response Plan, as outlined in Rule .0607 of this
					 Section, shall implement the default water use reduction measures of Rules
					 .0613 and .0614 of this Section when their water system or water source is
					 located in an area designated as suffering from Extreme or Exceptional Drought
					 by the Council.
Authority S.L.
					 2002-167;
Eff. March 19, 2007;
Readopted Eff. January
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0613 - DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXTREME DROUGHT DESIGNATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When the NCDMAC designates a region of the state as
					 suffering from Extreme Drought, the following water use reduction standards
					 shall apply to water users in the designated area, as indicated in Rule .0612
					 of this Section:
(1) Water users shall
				  reduce water use by at least 10% below the amount used in the month prior to a
				  NCDMAC Extreme Drought designation in the affected area.
(2) All water users shall minimize
				  non-essential use of water.
(3)
				  Outdoor irrigation is prohibited, except for:
(a) Watering lawns less than one inch of
				  water per week, between the hours of 8:00 PM and 8:00 AM;
(b) Maintaining newly installed landscapes,
				  lawns, and erosion control projects that were initiated prior to the issuance
				  of an Extreme Drought advisory, not to exceed the minimum rate necessary on the
				  day of installation and for 60 days following installation, by means designed
				  and operated to maximize water use efficiency and to prevent run-off and
				  excessive watering;
(c) Using spray
				  irrigation by wastewater effluent treatment systems from the NCDMAC Extreme
				  Drought designated area(s) according to permit conditions under the provisions
				  of North Carolina Administrative Code
				  15A NCAC
				  02U .0100 and any successive rules and
				  amendments;
(d) Maintaining
				  athletic fields with less than one inch of water per week between the hours of
				  8:00 PM and 8:00 AM;
(e)
				  Maintaining personal food gardens;
(f) Maintaining existing landscape plantings
				  at the minimum rate necessary, between the hours of 8:00 PM and 8:00 AM, using
				  a hand held container or hose with an automatic shutoff or using drip
				  irrigation;
(g) Watering golf
				  course tees, fairways, and greens by means of an automated irrigation system
				  between the hours of 8:00 PM and 8:00 AM with less than one inch of water per
				  week;
(h) Syringing golf course
				  tees and greens exhibiting visible signs of stress between the hours of 12:00
				  PM and 4:00 PM, at the minimum rate necessary; and
(i) Maintaining plant inventories, by means
				  designed and operated to maximize water use efficiency, at retail garden
				  centers, garden centers within mass merchant stores, or other businesses with
				  live plants as their stock in trade.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0614 - DEFAULT WATER USE REDUCTION MEASURES DURING NCDMAC EXCEPTIONAL DROUGHT DESIGNATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
When the NCDMAC designates a region of the state as
					 suffering from Exceptional Drought, the following water use reduction standards
					 shall apply to water users in the designated area, as indicated in Rule .0612
					 of this Section:
(1) Water users shall
				  reduce water use by at least 20% below the amount used in the month prior to
				  the most recent NCDMAC Extreme Drought designation in the affected
				  area.
(2) Non-essential water use
				  shall be minimized by the maximum extent possible.
(3) Outdoor irrigation is prohibited, except
				  for:
(a) Using spray irrigation by wastewater
				  effluent treatment systems in NCDMAC Exceptional Drought designated areas
				  according to permit conditions under the provisions of North Carolina
				  Administrative Code
				  15A NCAC
				  02U .0100 and any successive rules and
				  amendments;
(b) Watering personal
				  food gardens by hand with a container or hand held hose with an automatic
				  shutoff device or using drip irrigation between the hours of 8:00 PM and 8:00
				  AM;
(c) Maintaining existing
				  landscape plantings at the minimum rate necessary, between the hours of 8:00 PM
				  and 8:00 AM, using a hand held container or hose with an automatic shutoff or
				  using drip irrigation;
(d) Watering
				  golf course tees, fairways and greens, athletic fields, and lawns between the
				  hours of 8:00 PM and 8:00 AM with less than one half inch of water per
				  week;
(e) Syringing of golf course
				  tees and greens exhibiting visible signs of stress between the hours of 1:00 PM
				  and 4:00 PM, at the minimum rate necessary;
(f) Maintaining newly installed landscapes,
				  lawns, and erosion control projects that were initiated prior to the issuance
				  of an Extreme Drought advisory, not to exceed the minimum rate necessary on the
				  day of installation and for 28 days following installation, by means designed
				  and operated to maximize water use efficiency and to prevent run-off and
				  excessive watering; and
(g)
				  Maintaining plant inventories, by means designed and operated to maximize water
				  use efficiency, at retail garden centers, garden centers within mass merchant
				  stores, or other businesses with live plants as their stock in trade.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter E - WATER USE REGISTRATION AND ALLOCATION › Section .0600 - WATER USE DURING DROUGHTS AND WATER SUPPLY EMERGENCIES › Section 02E .0615 - WATER REUSE DURING DROUGHTS AND WATER SHORTAGE EMERGENCIES

Current through Register Vol. 39, No. 2, July 15, 2024
Water users may use reclaimed water under the provisions of
					 North Carolina Administrative Code
					 15A NCAC
					 02U .0100 and any successive rules and
					 amendments, during droughts and other water shortage emergencies as defined by
					 G.S.
					 143-350 to reduce withdrawals of surface
					 water and ground water and to extend available water
					 supplies.
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(1);
					 143-355.5; S.L.
					 2002-167;
Eff. March 19, 2007;
Readopted Eff. January
					 1, 2022.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter F - CONSTRUCTION LOANS › Section .0100 - FEDERAL, STATE REVOLVING FUND PRIORITY › Section 02F .0101-.0104

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(4);
					 159G-5(c);
Eff. February 1, 1976;
Amended Eff. August 1, 1990; July 1, 1990;
					 May 1, 1989; November 16, 1979; July 12, 1976;
Repealed Eff.
					 January 1, 2006 pursuant to
					 G.S.
					 150B-21.7 as a result of S.L. 2005-454, s. 2.
					 Codifier received notification on September 17,
					 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter F - CONSTRUCTION LOANS › Section .0100 - FEDERAL, STATE REVOLVING FUND PRIORITY › Section 02F .0105 - REPEALED - EFFECTIVE CONTINGENT UPON FEDERAL FUNDS ALLOCATED

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215(a)(14);
					 143-215.3(a)(13);
Eff. February 1, 1976;
Amended Eff. November 16, 1979;
Repealed Eff. August 1, 1990.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter F - CONSTRUCTION LOANS › Section .0200 - STATE GRANTS: STATE LOANS › Section 02F .0201-.0202

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(4);
					 150B-14(c);
Eff. May 20, 1976;
Amended Eff. July 1, 1988;
Repealed
					 Eff. January 1, 2006 pursuant to
					 G.S.
					 150B-21.7 as a result of S.L. 2005-454, s. 2.
					 Codifier received notification on September 17,
					 2012.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter F - CONSTRUCTION LOANS › Section .0300 - POLICIES › Section 02F .0301-0308

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(4);
					 143-215.3(a)(13);
Eff. February 1, 1976;
Amended Eff. January 1, 1979;
Repealed Eff. July 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0101 - REPEALED - PREAMBLE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.70 through
					 143-215.73;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. April 1, 1983;
Repealed
					 Eff. October 1, 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0102 - PROJECT ELIGIBILITY

Current through Register Vol. 39, No. 2, July 15, 2024
The following types of water resource development projects
					 are eligible for state cost-sharing by the Department of Environment, Health,
					 and Natural Resources (department):
(1) general navigation improvement;
(2) recreational navigation
				  improvement;
(3) water management
				  (flood control and drainage);
(4)
				  stream restoration (clearing and snagging and limited channel
				  excavation);
(5) beach protection;
				  and
(6) land acquisition and
				  facility development for water-based recreation sites.
Projects planned and constructed by a federal agency with a
					 local cost-share and projects without federal assistance are both eligible for
					 state financial assistance. Small watershed projects of the U.S. Soil
					 Conservation Service reviewed by the North Carolina Soil and Water Conservation
					 Commission are not eligible for cost-sharing under this Section. Questions
					 about eligibility should be directed to the Division of Water Resources,
					 Department of Environment, Health, and Natural Resources, P.O. Box 27687,
					 Raleigh, N. C. 27611, (919) 733-4064.
Authority
					 G.S.143-215.3(a)(1);
					 143-215.70 through
					 143-215.73;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1991; October 1, 1984;
					 December 1, 1983; April 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0103 - PROJECT COST- SHARING AMOUNTS

Current through Register Vol. 39, No. 2, July 15, 2024
The department may provide state funds in amounts not to
					 exceed the percentages stated in
					 G.S.
					 143-215.71 of either the non-federal costs
					 (in the case of a federal agency project) or the total costs (in the case of a
					 project not receiving federal funds).
In the case of a local government water resources project
					 where the department thinks a preliminary feasibility study or engineering
					 study is necessary to more accurately determine project costs and/or benefits
					 and/or scale of development, the department may provide up to 50 percent state
					 funding of such studies. The sponsoring local government would provide the
					 remainder of the funds necessary.
In the case where projects provide broad regional benefits,
					 or where assignment of non-federal responsibilities to local government is not
					 appropriate in the opinion of the department, the department may assume
					 sponsorship on behalf of the state and may pay up to 100 percent of the total
					 (or the non-federal share of the cost) of planning, construction, or operation
					 of said water resources project.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.41;
					 143-215.71;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. October 1, 1984; December 1, 1983;
					 April 1, 1983; November 1, 1978;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter G - WATER RESOURCES PROGRAMS › Section .0100 - STATE PARTICIPATION IN WATER RESOURCES PROJECTS › Section 02G .0104 - GRANT APPLICATIONS BY LOCAL GOVERNMENT

Current through Register Vol. 39, No. 2, July 15, 2024
To request state cost-sharing for an eligible water
					 resources development project, a local political subdivision or unit of
					 government shall send to the Division of Water Resources an official resolution
					 describing the nature of the proposed project and the benefits to be received
					 from it and requesting a specific cost-sharing amount (based on the percentages
					 given in G.S. 143-215.71).
In addition, the resolution must state that the local unit
					 of government will perform the following where appropriate to the nature of the
					 project:
(1) Assume full obligation
				  for payment of the balance of project costs.
(2) Obtain all necessary state and federal
				  permits.
(3) Comply with all
				  applicable laws governing the award of contracts and the expenditure of public
				  funds by local governments.
(4)
				  Supervise construction of the project to assure compliance with permit
				  conditions and to assure safe and proper construction according to approved
				  plans and specifications.
(5)
				  Obtain suitable spoil disposal areas and all other easements or rights-of-way
				  that may be necessary for the construction and operation of the project without
				  cost or obligation to the state.
(6) Assure that the project is open for use
				  by the public on an equal basis with no restrictions.
(7) Hold the state harmless from any damages
				  that may result from the construction, operation and maintenance of the
				  project.
(8) Accept responsibility
				  for the operation and maintenance of the completed project.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.72;
					 143-355;
Eff.
					 February 1, 1976;
Amended Eff. December 1, 1991; October 1, 1984;
					 April 1, 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. February 16,
					 2019.