reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0309 - LITTLE TENNESSEE RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0310 - SAVANNAH RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0311 - LUMBER RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0312 - NEUSE RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0313 - NEW WATAUGA RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0314 - PASQUOTANK RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0315 - ROANOKE RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0316 - TAR PAMLICO RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0317 - WHITE OAK RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0318 - YADKIN PEE DEE RIVER BASIN

Current through Register Vol. 39, No. 2, July 15, 2024
No classification assignments other than those specified in
					 Rule .0302 are made for the river basin.
Authority
					 G.S.
					 143-214.1;
Eff. December 30,
					 1983;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0300 - ASSIGNMENT OF UNDERGROUND WATER CLASSIFICATIONS › Section 02L .0319 - RECLASSIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The groundwater classifications as assigned may be revised
					 by the Commission following public notice and subsequent public hearing.
					 Changes may be to a higher or lower classification. Reclassification requests
					 may be submitted to the Director.
Authority
					 G.S.
					 143-214.1;
					 143-215.3(e);
					 143B-282(2);
Eff. December 30, 1983;
Amended Eff. August 1, 1989;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. March 6,
					 2018.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0401 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				  this Section is to establish procedures for risk-based assessment and
				  corrective action sufficient to:
(1) protect
				  human health and the environment;
(2) abate and control contamination of the
				  waters of the State as deemed necessary to protect human health and the
				  environment;
(3) permit management
				  of the State's groundwaters to protect their designated current usage and
				  potential future uses;
(4) provide
				  for anticipated future uses of the State's groundwater;
(5) recognize the diversity of contaminants,
				  the State's geology and the characteristics of each individual site;
				  and
(6) accomplish these goals in a
				  cost-efficient manner to assure the best use of the limited resources available
				  to address groundwater pollution within the State.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0402 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions as set out in Rule .0102 of this Subchapter
					 shall apply to this Section.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Eff. December 1, 2005;
Readopted Eff. June
					 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0403 - RULE APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
This Section shall apply to any discharge or release from a
					 "commercial underground storage tank" or a "noncommercial underground storage
					 tank," as those terms are defined in
					 G.S.
					 143-215.94A, that is reported on or after
					 January 2, 1998. The requirements of this Section shall apply to the owner and
					 operator of the underground storage tank from which the discharge or release
					 occurred, a landowner seeking reimbursement from the Commercial Leaking
					 Underground Storage Tank Fund or the Noncommercial Leaking Underground Storage
					 Tank Fund under
					 G.S.
					 143-215.94E, and any other person responsible
					 for the assessment or cleanup of a discharge or release from an underground
					 storage tank, including any person who has conducted or controlled an activity
					 that results in the discharge or release of petroleum or petroleum products as
					 defined in
					 G.S.
					 143-215.94A(10) to the
					 groundwaters of the State or in proximity thereto; these persons shall be
					 collectively referred to for purposes of this Section as the "responsible
					 party." This Section shall be applied in a manner consistent with the rules
					 found in 15A NCAC 02N in order to assure
					 that the State's requirements regarding assessment and cleanup from underground
					 storage tanks are no less stringent than Federal
					 requirements.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(b);
Amended Eff. December 1, 2005;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0404 - REQUIRED INITIAL ABATEMENT ACTIONS BY RESPONSIBLE PARTY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon a discharge or release of petroleum
				  from a commercial underground storage tank the responsible party shall:
(1) take action to prevent all further
				  discharge or release of petroleum from the underground storage tank; identify
				  and mitigate all fire, explosion, and vapor hazards; remove any free product;
				  and comply with the requirements of
				  15A NCAC
				  02N .0601 through
				  02N .0604,
				  02N .0701 through
				  02N .0703, and .0705 within 24
				  hours of discovery;
(2) incorporate
				  the requirements of
				  15A NCAC
				  02N .0704 into the submittal required under
				  Subparagraph (3) of this Paragraph or the limited site assessment report
				  required under Rule .0405 of this Section, whichever is applicable. The
				  submittals shall constitute compliance with the reporting requirements of
				  15A NCAC
				  02N .0704(b); and
(3) submit within 90 days of the discovery of
				  the discharge or release a soil contamination report containing information
				  sufficient to show that remaining unsaturated soil in the side walls and at the
				  base of the excavation does not contain contaminant levels that exceed either
				  the "soil-to-groundwater" or the residential maximum soil contaminant
				  concentrations established by the Department pursuant to Rule .0411 of this
				  Section, whichever is lower. If the showing is made, the discharge or release
				  shall be classified as low risk by the Department as defined in Rules .0406 and
				  .0407 of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0405 - REQUIREMENTS FOR LIMITED SITE ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the required showing for a commercial underground storage tank cannot be made
				  or if the Department determines that a release from a noncommercial underground
				  storage tank represents an unacceptable risk under Rule .0404 of this Section,
				  the responsible party shall submit within 120 days of the discovery of the
				  discharge or release, a report containing information needed by the Department
				  to classify the level of risk to human health and the environment posed by a
				  discharge or release under Rule .0406 of this Section.
(b) The responsible party may submit a
				  written request for an extension to the 120 day deadline set forth in Paragraph
				  (a) of this Rule to the Department for the Department's consideration prior to
				  the deadline. The request for deadline extension by the responsible party shall
				  demonstrate that the extension, if granted by the Department, would not
				  increase the risk posed by the release. When considering a request from a
				  responsible party for additional time to submit the report, the Department
				  shall consider the following:
(1) the extent
				  to which the request for additional time is due to factors outside of the
				  control of the responsible party;
(2) the previous history of the person
				  submitting the report in complying with deadlines established under the
				  Commission's rules;
(3) the
				  technical complications associated with assessing the extent of contamination
				  at the site or identifying potential receptors; and
(4) the necessity for action to eliminate an
				  imminent threat to public health or the environment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0406 - DISCHARGE OR RELEASE CLASSIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall classify the risk of each known
					 discharge or release as high, intermediate, or low risk unless the discharge or
					 release has been classified under Rule .0404(a)(3) or (c) of this Section. For
					 purposes of this Section:
(1) "High
				  risk" means that:
(a) a water supply well,
				  including one used for non-drinking purposes, has been contaminated by a
				  release or discharge;
(b) a water
				  supply well used for drinking water is located within 1000 feet of the source
				  area of a confirmed discharge or release from a commercial underground storage
				  tank or a noncommercial underground storage tank of 1100 gallons or less in
				  capacity used for storing motor fuel for noncommercial purposes;
(c) a water supply well not used for drinking
				  water is located within 250 feet of the source area of a confirmed discharge or
				  release from a commercial underground storage tank or a noncommercial
				  underground storage tank of 1100 gallons or less in capacity used for storing
				  motor fuel for noncommercial purposes;
(d) the groundwater within 500 feet of the
				  source area of a confirmed discharge or release from a commercial underground
				  storage tank or a noncommercial underground storage tank of 1100 gallons or
				  less in capacity used for storing motor fuel for noncommercial purposes has the
				  potential for future use in that there is no source of water supply other than
				  the groundwater;
(e) a water supply
				  well, including one used for non-drinking purposes, is located within 150 feet
				  of the source area of a confirmed discharge or release from a noncommercial
				  underground storage tank storing heating oil for consumptive use on the
				  premises;
(f) the vapors from a
				  discharge or release pose a serious threat of explosion due to accumulation of
				  the vapors in a confined space; or
(g) a discharge or release poses an imminent
				  danger to public health, public safety, or the environment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0408 - ASSESSMENT AND REMEDIATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Assessment and remediation of soil contamination shall be
					 addressed as follows:
(1) At the time
				  that the Department determines the risk posed by the discharge or release, the
				  Department shall also determine, based on site-specific information, whether
				  the site is "residential" or "industrial/commercial." For the purposes of this
				  Section, a site is presumed residential, but may be classified as
				  industrial/commercial if the Department determines based on site-specific
				  information that exposure to the soil contamination is limited in time due to
				  the use of the site and does not involve exposure to children. For the purposes
				  of this Paragraph, "site" means both the property upon which the discharge or
				  release occurred and any property upon which soil has been affected by the
				  discharge or release.
(2) For a
				  discharge or release from a commercial underground storage tank, or for a
				  discharge or release from a noncommercial underground storage tank classified
				  by the Department as high risk, the responsible party shall submit a report to
				  the Department assessing the vertical and horizontal extent of soil
				  contamination in excess of the lower of:
(a)
				  the residential or industrial/commercial maximum soil contaminant
				  concentration, whichever is applicable, that has been established by the
				  Department pursuant to Rule .0411 of this Section; or
(b) the "soil-to-groundwater" maximum soil
				  contaminant concentration that has been established by the Department pursuant
				  to Rule .0411 of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0409 - NOTIFICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  responsible party who submits a corrective action plan that proposes natural
				  attenuation, to cleanup groundwater contamination to a standard other than a
				  standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil
				  other than to the standard for residential use or soil-to-groundwater
				  contaminant concentration established pursuant to this Section, whichever is
				  lowest, shall give notice to:
(1) the local
				  Health Director and the chief administrative officer of each political
				  jurisdiction in which the contamination occurs;
(2) all property owners and occupants within
				  or contiguous to the area containing the contamination; and
(3) all property owners and occupants within
				  or contiguous to the area where the contamination is expected to migrate.
The notice shall describe the nature of the plan and the
					 reasons supporting it. Notification shall be made by certified mail concurrent
					 with the submittal of the corrective action plan. Approval of the corrective
					 action plan by the Department shall be postponed for a period of 60 days
					 following receipt of the request so that the Department may receive and
					 consider comments. The responsible party shall, within 30 days, provide the
					 Department with a copy of the notice and proof of receipt of each required
					 notice or of refusal by the addressee to accept delivery of a required notice.
					 If notice by certified mail to occupants under this Paragraph is impractical,
					 the responsible party shall give notice as provided in
					 G.S.
					 1A-1, Rule 4(j) or 4(j1). If notice is made
					 to occupants by posting, the responsible party shall provide the Department
					 with a copy of the posted notice and a description of the manner in which such
					 posted notice was given.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0410 - DEPARTMENTAL LISTING OF DISCHARGES OR RELEASES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall maintain in each of the Department's
					 regional offices a list of all petroleum underground storage tank discharges or
					 releases discovered and reported to the Department within the region on or
					 after the effective date of this Section and all petroleum underground storage
					 tank discharges or releases for which notification was issued under Rule
					 .0407(e) of this Section by the Department on or after the effective date of
					 this Section.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(l);
Amended Eff. December 1, 2005;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0414 - REQUIRED LABORATORY CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with
					 15A NCAC
					 02H .0804, laboratories shall obtain North
					 Carolina Division of Water Resources laboratory certification for parameters
					 that are required to be reported to the State in compliance with the State's
					 surface water, groundwater, and pretreatment rules.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(p);
Amended Eff. December 1, 2005;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0415 - DISCHARGES OR RELEASES FROM OTHER SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
This Section shall not relieve any person responsible for
					 assessment or cleanup of contamination from a source other than a commercial or
					 noncommercial underground storage tank from its obligation to assess and clean
					 up contamination resulting from the discharge or releases.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(q);
Amended Eff. December 1, 2005;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0416 - EXPIRED - ELIGIBILITY OF SITES TO CONTINUE REMEDIATION UNDER RULES EXISTING BEFORE THE EFFECTIVE DATE OF 15A NCAC 02L .0115

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(r);
Amended Eff. December 1, 2005;
Expired Eff. April 1, 2018 pursuant
					 to G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0400 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM UNDERGROUND STORAGE TANKS › Section 02L .0417 - EXPIRED - ESTABLISHING CLEANUP REQUIREMENTS FOR SITES ELIGIBLE TO CONTINUE REMEDIATION UNDER RULES EXISTING BEFORE THE EFFECTIVE DATE OF 15A NCAC 02L .0115

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.94A;
					 143-215.94E;
					 143-215.94T;
					 143-215.94V;
					 143B-282; 1995 (Reg. Sess. 1996)
					 c. 648,s. 1;
Recodified from
					 15A NCAC
					 02L .0115(s);
Amended Eff. December 1, 2005;
Expired Eff. April 1, 2018 pursuant
					 to G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0501 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The purpose of
				  this Section is to establish procedures for risk-based assessment and
				  corrective action sufficient to:
(1) protect
				  human health and the environment;
(2) abate and control contamination of the
				  waters of the State as deemed necessary to protect human health and the
				  environment;
(3) permit management
				  of the State's groundwaters to protect their designated current usage and
				  potential future uses;
(4) provide
				  for anticipated future uses of the State's groundwater;
(5) recognize the diversity of contaminants,
				  the State's geology, and the characteristics of each individual site;
				  and
(6) accomplish these goals in a
				  cost-efficient manner to assure the best use of the limited resources available
				  to address groundwater pollution within the State.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0502 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The definitions as set out in Rule .0102 of this Subchapter
					 and the following definitions shall apply throughout this Section:
(1) "Aboveground storage tank" or "AST" means
				  any one or a combination of tanks, including pipes connected thereto, that is
				  used to contain an accumulation of petroleum.
(2) "AST system" means an aboveground storage
				  tank, connected piping, ancillary equipment, and containment system, if
				  any.
(3) "Discharge" includes any
				  emission, spillage, leakage, pumping, pouring, emptying, or dumping of oil into
				  groundwater or surface water or upon land in such proximity to such water that
				  it is likely to reach the water and any discharge upon land which is
				  intentional, knowing, or willful.
(4) "Non-UST means as defined in
				  G.S.
				  143-215.104AA(g) and
				  excludes underground storage tank releases governed by
				  G.S.
				  143-215.94V.
(5) "Operator" means any person in control of
				  or having responsibility for the daily operation of the AST system.
(6) "Owner" means any person who owns a
				  petroleum aboveground storage tank or other non-UST petroleum tank, stationary
				  or mobile, used for storage, use, dispensing, or transport.
(7) "Person" means an individual, trust,
				  firm, joint stock company, Federal agency, corporation, state, municipality,
				  commission, political subdivision of a state, or any interstate body. "Person"
				  also includes a consortium, a joint venture, a commercial entity, and the
				  United States Government.
(8)
				  "Petroleum" or "petroleum products" means as defined in
				  G.S.
				  143-215.94A(10).
(9) "Release" means any spilling, leaking,
				  emitting, discharging, escaping, leaching, or disposing into groundwater,
				  surface water, or surface or subsurface soils.
(10) "Tank" means a device used to contain an
				  accumulation of petroleum and constructed of non-earthen materials, such as
				  concrete, steel, or plastic, that provides structural support.
Authority
					 G.S.
					 143-212(4);
					 143-215.3(a)(1);
					 143-215.77;
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0503 - RULE APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The requirements of this Section shall apply to the owner
					 and operator of a petroleum aboveground storage tank or other non-UST petroleum
					 tank, stationary or mobile, from which a discharge or release occurred and to
					 any person determined to be responsible for assessment and cleanup of a
					 discharge or release from a non-UST petroleum source, including any person who
					 has conducted or controlled an activity that results in the discharge or
					 release of petroleum or petroleum products (as defined in
					 G.S.
					 143-215.94A(10)) to the
					 groundwaters of the State or in proximity thereto. These persons shall be
					 collectively referred to as the "responsible party" for purposes of this
					 Section.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0504 - REQUIRED INITIAL RESPONSE AND ABATEMENT ACTIONS BY RESPONSIBLE PARTY

Current through Register Vol. 39, No. 2, July 15, 2024
Upon a discharge or release of petroleum from a non-UST
					 petroleum source the responsible party shall:
(1) take actions to prevent all further
				  discharge or release of petroleum from the non-UST petroleum source; identify
				  and mitigate all fire, explosion, or vapor hazard; and report the release
				  within 24 hours of discovery, in compliance with
				  G.S.
				  143-215.83(a), 84(a), and
				  85(b);
(2) perform initial
				  abatement actions to measure for the presence of a release where contamination
				  is most likely to be present; confirm the source of the release; investigate to
				  determine the possible presence of free product; begin free product removal;
				  and to continue to monitor and mitigate all additional fire, explosion, or
				  vapor hazards posed by vapors or by free product; and submit a report to the
				  Department of Environmental Quality, UST Section, Regional Office Supervisor in
				  accordance with
				  15A NCAC
				  02B .0309 and
				  02B .0311, within 20 days after
				  release confirmation summarizing these initial abatement actions;
(3) remove contaminated soil that would act
				  as a continuing source of contamination to groundwater. For a new release, no
				  further action shall be necessary if:
(a)
				  initial abatement actions involving control and removal of contaminated
				  materials are initiated within 48 hours from discovery and before contaminated
				  materials begin to impact groundwater; and
(b) analysis, in accordance with the approved
				  methods in Rule .0412 of this Subchapter, of representative samples of
				  remaining soils shows concentrations:
(i) at
				  or below the more stringent of the soil-to-groundwater concentration value and
				  the residential maximum soil contamination concentration value; or
(ii) using other EPA-approved analytical
				  methods in accordance with Rule .0412(b)(7) of this Subchapter, concentration
				  values below the more stringent of the soil-to-groundwater concentration alkane
				  and aromatic carbon fraction class values and the residential maximum soil
				  contamination concentration alkane and aromatic carbon fraction class values;
For new releases, if the abatement actions cannot be
					 initiated within 48 hours of discovery or if soil concentrations remain above
					 the values in this Paragraph, the responsible party shall conduct all
					 activities under Items (1) through (5) of this Rule;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0505 - REQUIREMENTS FOR LIMITED SITE ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the required showing cannot be made by the responsible party under Rule .0504
				  of this Section, the responsible party shall submit within 120 days of the
				  discovery of the discharge or release, a report as required in Rule .0504 of
				  this Section, containing information needed by the Department to classify the
				  level of risk to human health and the environment posed by a discharge or
				  release under Rule .0506 of this Section.
(b) The responsible party may submit a
				  written request an extension to the 120 day deadline set forth in Paragraph (a)
				  of this Rule to the Department for the Department's consideration prior to the
				  deadline. The request for deadline extension by the responsible party shall
				  demonstrate that the extension, if granted by the Department, would not
				  increase the risk posed by the release. When considering a request from a
				  responsible party for additional time to submit the report, the Department
				  shall consider the following:
(1) the extent
				  to which the request for additional time is due to factors outside of the
				  control of the responsible party;
(2) the previous history of the person
				  submitting the report in complying with deadlines established under the
				  Commission's rules;
(3) the
				  technical complications associated with assessing the extent of contamination
				  at the site or identifying potential receptors; and
(4) the necessity for action to eliminate an
				  imminent threat to public health or the environment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0506 - DISCHARGE OR RELEASE CLASSIFICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall classify the risk of each known
					 discharge or release as high, intermediate, or low risk, unless the discharge
					 or release has been classified under Rule .0504 of this Section. For purposes
					 of this Section:
(1) "High risk" means
				  that:
(a) a water supply well, including one
				  used for non-drinking purposes, has been contaminated by a release or
				  discharge;
(b) a water supply well
				  used for drinking water is located within 1000 feet of the source area of a
				  confirmed discharge or release;
(c)
				  a water supply well not used for drinking water is located within 250 feet of
				  the source area of a confirmed discharge or release;
(d) the groundwater within 500 feet of the
				  source area of a confirmed discharge or release has the potential for future
				  use in that there is no source of water supply other than the
				  groundwater;
(e) the vapors from a
				  discharge or release pose a serious threat of explosion due to accumulation of
				  the vapors in a confined space or pose a risk to public health from exposure;
				  or
(f) a discharge or release poses
				  an imminent danger to public health, public safety, or the
				  environment.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0508 - ASSESSMENT AND REMEDIATION PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Assessment and remediation of soil contamination shall be
					 addressed as follows:
(1) At the time
				  that the Department determines the risk posed by the discharge or release, the
				  Department shall also determine, based on site-specific information, whether
				  the site is "residential" or "industrial/commercial." For the purposes of this
				  Section, a site is presumed residential, but may be classified as
				  industrial/commercial if the Department determines based on site-specific
				  information that exposure to the soil contamination is limited in time due to
				  the use of the site and does not involve exposure to children. For the purposes
				  of this Item, "site" means both the property upon which the discharge or
				  release occurred and any property upon that soil has been affected by the
				  discharge or release.
(2) For a
				  discharge or release the responsible party shall submit a report to the
				  Department assessing the vertical and horizontal extent of soil
				  contamination.
(3) For a discharge
				  or release classified by the Department as low risk, the responsible party
				  shall submit a report demonstrating that soil contamination has been remediated
				  to either the residential or industrial/commercial maximum soil contaminant
				  concentration established by the Department pursuant to Rule .0511 of this
				  Section, whichever is applicable.
(4) For a discharge or release classified by
				  the Department as high or intermediate risk, the responsible party shall submit
				  a report demonstrating that soil contamination has been remediated to the lower
				  of:
(a) the residential or
				  industrial/commercial maximum soil contaminant concentration, whichever is
				  applicable, that has been established by the Department pursuant to Rule .0511
				  of this Section; or
(b) the
				  "soil-to-groundwater" maximum soil contaminant concentration that has been
				  established by the Department pursuant to Rule .0511 of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0509 - NOTIFICATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  responsible party who submits a corrective action plan that proposes natural
				  attenuation, to cleanup groundwater contamination to a standard other than a
				  standard as set forth in Rule .0202 of this Subchapter, or to cleanup soil
				  other than to the standard for residential use or soil-to-groundwater
				  contaminant concentration established pursuant to this Section, whichever is
				  lowest, shall give notice to:
(1) the local
				  Health Director and the chief administrative officer of each political
				  jurisdiction in which the contamination occurs;
(2) all property owners and occupants within
				  or contiguous to the area containing the contamination; and
(3) all property owners and occupants within
				  or contiguous to the area where the contamination is expected to migrate.
The notice shall describe the nature of the plan and the
					 reasons supporting it. Notification shall be made by certified mail concurrent
					 with the submittal of the corrective action plan. Approval of the corrective
					 action plan by the Department shall be postponed for a period of 30 days
					 following receipt of the request so that the Department may receive and
					 consider comments. The responsible party shall, within 60 days, provide the
					 Department with a copy of the notice and proof of receipt of each required
					 notice or of refusal by the addressee to accept delivery of a required notice.
					 If notice by certified mail to occupants under this Paragraph is impractical,
					 the responsible party shall give notice as provided in
					 G.S.
					 1A-1, Rule 4(j) or 4(j1). If notice is made
					 to occupants by posting, the responsible party shall provide the Department
					 with a copy of the posted notice and a description of the manner in which such
					 posted notice was given.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0510 - DEPARTMENTAL LISTING OF DISCHARGES OR RELEASES

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall maintain in each of the Department's
					 regional offices a list of all non-UST petroleum discharges or releases
					 discovered and reported to the Department within the region.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0511 - ESTABLISHING MAXIMUM SOIL CONTAMINATION CONCENTRATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of risk-based assessment and remediation
					 for non-UST petroleum releases, establishment of maximum soil contamination
					 concentrations shall be in accordance with Rule .0411 of this
					 Subchapter.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0512 - ANALYTICAL PROCEDURES FOR SOIL SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of risk-based assessment and remediation
					 for non-UST petroleum releases, analytical procedures for soil samples shall be
					 in accordance with Rule .0412 of this Subchapter.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0513 - ANALYTICAL PROCEDURES FOR GROUNDWATER SAMPLES

Current through Register Vol. 39, No. 2, July 15, 2024
For the purposes of risk-based assessment and remediation
					 for non-UST petroleum releases, analytical procedures for groundwater samples
					 shall be in accordance with Rule .0413 of this Subchapter.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0514 - REQUIRED LABORATORY CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
In accordance with
					 15A NCAC
					 02H .0804, laboratories shall obtain North
					 Carolina Division of Water Resources laboratory certification for parameters
					 that are required to be reported to the State in compliance with the State's
					 surface water, groundwater, and pretreatment rules.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter L - GROUNDWATER CLASSIFICATION AND STANDARDS › Section .0500 - RISK-BASED ASSESSMENT AND CORRECTIVE ACTION FOR PETROLEUM RELEASES FROM ABOVEGROUND STORAGE TANKS AND SOURCES › Section 02L .0515 - DISCHARGES OR RELEASES FROM OTHER SOURCES

Current through Register Vol. 39, No. 2, July 15, 2024
This Section shall not relieve any person responsible for
					 assessment or cleanup of contamination from a source other than a non-UST
					 petroleum release from its obligation to assess and clean up contamination
					 resulting from the discharge or releases.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.84;
					 143-215.104AA;
					 143B-282;
Eff. March
					 1, 2016;
Readopted Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter M - NORTH CAROLINA WATER POLLUTION CONTROL EVOLVING FUND › Section .0100 - GENERAL PROVISIONS › Section 02M .0101-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 150B-14(c);
					 159G-3;
					 159G-5(c);
					 159G-15;
Eff. March
					 1, 1989;
Amended Eff. July 1, 1992;
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.