reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1526 - RECORD MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141.33 are hereby incorporated by reference
					 including any subsequent amendments and editions. Copies are available for
					 public inspection as set forth in Rule .0102 of this
					 Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. September 1,
					 1979;
Transferred and Recodified from
					 10 NCAC
					 10D .1632 Eff. April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1527 - CERTIFIED LABORATORIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions
				  of 40 C.F.R.
				  141.28 are incorporated by reference,
				  including subsequent amendments and editions, with the following exceptions:
(1) laboratories analyzing samples pursuant
				  to this Subchapter shall be certified for that analytical method by the State
				  Laboratory of Public Health in the Department of Health and Human Services;
				  and
(2) measurements for
				  alkalinity; bromide; fluoride calcium; daily chlorite samples at the entrance
				  to the distribution system; conductivity; orthophosphate; pH; residual
				  disinfectant concentrations for chlorine, chloramines, and chlorine dioxide;
				  magnesium; silica; Specific Ultraviolet Absorbance (SUVA); temperature; Total
				  Organic Carbon (TOC); and turbidity may be performed by any person who holds a
				  valid certificate issued by the North Carolina Water Treatment Facility
				  Operators Board of Certification (NCWTFOBOC). Measurements may also be
				  performed by a person who has been instructed in the measurement procedure by a
				  person who holds a valid certificate issued by the NCWTFOBOC or by a certified
				  laboratory.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1528 - ALTERNATE ANALYTICAL TECHNIQUES

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141.27 are incorporated by reference,
					 including subsequent amendments and editions. Copies may be obtained as set
					 forth in Rule .0102(b) of this Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. September 1,
					 1979;
Amended Eff. March 31, 1981;
Transferred and
					 Recodified from
					 10 NCAC
					 10D .1630 Eff. April 4, 1990;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1529 - POINT-OF-ENTRY, BOTTLED WATER, AND OTHER TREATMENT DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions of
				  40 C.F.R.
				  141 Subpart J - Use of Non-Centralized
				  Treatment Devices are incorporated by reference, including subsequent
				  amendments and editions. Copies may be obtained as set forth in Rule .0102(b)
				  of this Subchapter.
(b) Public
				  water systems shall not use bottled water or point-of-use devices to achieve
				  compliance with a maximum contaminant level. Bottled water or point-of-use
				  devices may be used on a temporary basis until compliance with the maximum
				  contaminant level is achieved.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. June 1,
					 1988;
Transferred and Recodified from
					 10 NCAC
					 10D .1641 Eff. April 4, 1990;
Amended Eff. September 1, 1990;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1530 - CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
This Section shall be construed as enabling the State of
					 North Carolina to undertake primary responsibility for the enforcement of the
					 federal act.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. September 1,
					 1979;
Transferred and Recodified from
					 10 NCAC
					 10D .1611 Eff. April 4, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1531 - SITING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any person
				  constructing or modifying a public water system shall to the extent
				  practicable, avoid locating all or part of a new or expanded facility at a site
				  which:
(1) is subject to a significant risk
				  from earthquakes, floods, fires or other disasters which could cause a
				  breakdown of the public water system or a portion thereof; or
(2) except for intake structures, is within
				  the floodplain of a 100-year flood or is lower than any recorded high tide
				  where appropriate records exist.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1532 - VARIANCES AND EXEMPTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141.4 are incorporated by reference,
					 including subsequent amendments and editions. Copies may be obtained as set
					 forth in Rule .0102(b) of this Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. September 1,
					 1979;
Transferred and Recodified from
					 10 NCAC
					 10D .1634 Eff. April 4, 1990;
Amended Eff. January 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1533 - EXPIRED - TOTAL TRIHALOMETHANES SAMPLING AND ANALYSIS: LESS THAN 10,000

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-315;
Eff. August 1,
					 1990;
Amended Eff. July 1, 1994;
Expired Eff. December
					 1, 2015 pursuant to
					 G.S.
					 150B-21.3A.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1534 - COLIFORM SAMPLING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions
				  of 40 C.F.R.
				  141.21 are hereby incorporated by reference
				  including any subsequent amendments and editions. Copies are available for
				  public inspection as set forth in Rule .0102 of this Subchapter. The provisions
				  are incorporated with the following exceptions:
(1) the provision of
				  40 C.F.R.
				  141.21(a)(2) concerning the
				  reduction of monitoring frequency for community water systems serving 25 to
				  1,000 persons is not adopted;
(2)
				  the provision of 40 C.F.R.
				  141.21(b)(3) concerning
				  collection of large volume repeat samples in containers of any size is not
				  adopted; and
(3) the provision of
				  40 C.F.R.
				  141.21(c)(2) concerning
				  waiver of the 24-hour limit for re-sampling is not adopted.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1535 - MAXIMUM CONTAMINANT LEVELS FOR COLIFORM BACTERIA

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  provisions of 40 C.F.R.
				  141.63 are incorporated by reference,
				  including subsequent amendments and editions. Copies may be obtained as set
				  forth in Rule .0102(b) of this Subchapter.
(b) The provisions of
				  40 C.F.R.
				  141.52 are incorporated by reference,
				  including subsequent amendments and editions. Copies may be obtained as set
				  forth in Rule .0102(b) of this Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141.52;
					 40 C.F.R. 141.63;
Eff.
					 January 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1536 - TREATMENT TECHNIQUES

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141. Subpart K are hereby incorporated by
					 reference including any subsequent amendments and editions. Copies are
					 available for public inspection as set forth in Rule .0102 of this
					 Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. April 1,
					 1992;
Amended Eff. April 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1537 - DRINKING WATER TREATMENT CHEMICALS AND SYSTEM COMPONENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The standards established by the American
				  National Standards Institute/NSF International, codified as ANSI/NSF Standard
				  60 and ANSI/NSF Standard 61, are incorporated by reference including subsequent
				  amendments and editions. ANSI/NSF Standard 60 applies to drinking water
				  treatment chemicals. ANSI/NSF Standard 61 applies to drinking water system
				  components. Copies may be obtained for public inspection as set forth in Rule
				  .0503 of this Subchapter.
(b) A
				  water supply product used in a public water system shall meet the standards
				  incorporated by reference in Paragraph (a) of this Rule. A product certified by
				  an organization having a third-party certification program accredited by the
				  American National Standards Institute to test and certify such products may be
				  used in a public water system.
(c)
				  A supplier of water shall maintain a list of all water supply products used in
				  a public water system for inspection by the Department. Prior to using a
				  product not previously listed, a supplier of water shall either determine the
				  product is certified as required by Paragraph (b) of this Rule or notify the
				  Department of the type, name, and manufacturer of a product.
(d) A supplier of water shall not introduce
				  or permit the introduction of a water supply product into a public water system
				  that does not meet the requirements of this Rule.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
Eff. July 1, 1994;
Amended Eff. April 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1538 - CONSUMER CONFIDENCE REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141, Subpart O - Consumer Confidence Reports
					 are incorporated by reference, including subsequent amendments and editions.
					 Copies may be obtained as set forth in Rule .0102(b) of this
					 Subchapter.
Authority
					 G.S.
					 130A-313;
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 141;
Eff. August 1,
					 2000;
Amended Eff. April 1, 2014;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1500 - WATER QUALITY STANDARDS › Section 18C .1539 - REVISED TOTAL COLIFORM RULE

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 141, Subpart Y - Revised Total Coliform Rule
					 are hereby incorporated by reference including any subsequent amendments and
					 editions. Copies are available for public inspection as set forth in Rule
					 .0102(a) and (b) of this Subchapter.
Authority
					 G.S.
					 130A-315;
Eff. July 1,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1601 - REQUIREMENTS FOR A VARIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary may grant one or more variances to any public water system within the
				  state from any requirement respecting a maximum contaminant level of an
				  applicable rule of
				  15A NCAC
				  18C Section .1500 upon a finding that:
(1) Because of characteristics of the raw
				  water sources which are reasonably available to the system, the system cannot
				  meet the requirements respecting the maximum contaminant levels of such
				  drinking water regulations despite application of the best technology,
				  treatment techniques, or other means, which the Secretary, with the concurrence
				  of the administrator, finds are generally available (taking costs into
				  consideration); and
(2) The
				  granting of a variance will not result in an unreasonable risk to the health of
				  persons served by the system.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1602 - VARIANCE REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
A supplier of water may request a variance for a public
					 water system by submitting a written request to the Secretary. Suppliers of
					 water may submit a joint request for variances when they seek similar variances
					 under similar circumstances. A request for a variance or variances shall
					 include the following information:
(1)
				  the nature and duration of variance requested;
(2) relevant analytical results of water
				  quality sampling of the system, including results of relevant tests conducted
				  pursuant to the rules of
				  15A NCAC
				  18C Section .1500;
(3) for any request made under .1601(a) of
				  this Section:
(a) explanation in full and
				  evidence of the best available treatment technology and techniques;
(b) economic and legal factors relevant to
				  ability to comply;
(c) analytical
				  results of raw water quality relevant to ability to comply;
(d) a proposed compliance schedule, including
				  the date each step toward compliance will be achieved; Such schedule shall
				  include as a minimum the following dates:
(i)
				  date by which arrangement for alternative raw water source or improvement of
				  existing raw water source will be completed,
(ii) date of initiation of the connection of
				  the alternative raw water source or improvement of existing raw water
				  source,
(iii) date by which final
				  compliance is to be achieved;
(e) a plan for the provision of safe drinking
				  water in the case of an excessive rise in the contaminant level for which the
				  variance is requested;
(f) a plan
				  for interim control measures during the effective period of variance;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1603 - CONSIDERATION OF A VARIANCE REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary shall act on any variance request submitted pursuant to .1602 of this
				  Section within 90 days of receipt of the request.
(b) In consideration of whether the public
				  water system is unable to comply with a contaminant level required by
				  15A NCAC
				  18C Section .1500 because of the nature of
				  the raw water source, the Secretary shall consider such factors as the
				  following:
(1) the availability and
				  effectiveness of treatment methods for the contaminant for which the variance
				  is requested;
(2) cost and other
				  economic considerations such as implementing treatment, improving the quality
				  of the source water or using an alternate source.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1604 - DISPOSITION OF A VARIANCE REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the Secretary decides to deny the application for a variance, the applicant
				  shall be notified of the intention to issue a denial. Such notice shall include
				  a statement of reasons for the proposed denial. Within 30 days after the
				  receipt of such notice, the applicant may request a hearing for the purpose of
				  contesting the proposed denial. Such hearing shall be conducted in the manner
				  set forth in
				  G.S.
				  150B-22 through
				  150B-37. If no hearing is
				  requested by the applicant within the 30 day period, the application shall be
				  denied.
(b) If the Secretary
				  proposes to grant a variance request submitted pursuant to .1602 of this
				  Section, the applicant shall be notified of the decision in writing. Such
				  notice shall identify the variance, the facility covered, and shall specify the
				  period of time for which the variance will be effective:
(1) For the type of variance specified in
				  .1601(a) of this Section, such notice shall provide that the variance will be
				  terminated when the system comes into compliance with the applicable
				  regulation, and may be terminated upon a finding by the Secretary that the
				  system has failed to comply with any requirements of a final schedule issued
				  pursuant to .1605 of this Section.
(2) For the type of variance specified in
				  .1601(b) of this Section, such notice shall provide that the variance may be
				  terminated at any time upon a finding that the nature of the raw water source
				  is such that the specified treatment technique for which the variance was
				  granted is necessary to protect the health of persons or upon a finding that
				  the public water system has failed to comply with monitoring and other
				  requirements prescribed by the Secretary as a condition to the granting of the
				  variance.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1605 - PUBLIC HEARINGS ON VARIANCES AND SCHEDULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Before a variance or a schedule proposed by the Secretary pursuant to Rule.1604
				  of this Section may take effect, the Secretary shall provide notice and
				  opportunity for public hearing on the variance or schedule. Such notice may
				  cover the granting of more than one variance, and a hearing held pursuant to
				  such notice shall include each of the variances covered by that
				  notice.
(b) Public notice of an
				  opportunity for hearing on a variance or schedule shall be circulated in a
				  manner designed to inform interested and potentially interested persons of the
				  proposed variance or schedule and shall include the following minimum
				  requirements:
(1) posting of a notice in the
				  principal post office of each municipality or area served by the public water
				  system, and publishing of a notice in a newspaper or newspapers of general
				  circulation in the area served by the public water system;
(2) mailing of a notice to the Public Water
				  Supply Section, Division of Water Resources and to other appropriate state or
				  local agencies at the Department's discretion; and
(3) such notice shall include a summary of
				  the proposed variance or schedule and shall inform interested persons that they
				  may request a public hearing on the proposed variance or schedule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1606 - VARIANCES FOR FLUORIDE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				  shall be the best technology, treatment techniques or other means generally
				  available for achieving compliance with the maximum contaminant level for
				  fluoride:
(1) Activated alumina absorption,
				  centrally applied,
(2) Reverse
				  osmosis, centrally applied.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1607 - VARIANCES AND EXEMPTIONS FOR CHEMICALS, LEAD AND COPPER, AND RADIONUCLIDES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The provisions of
				  40 C.F.R.
				  142.62 are hereby incorporated by reference
				  including any subsequent amendments and editions. Copies are available for
				  public inspection as set forth in Rule .0102 of this Subchapter.
(b) The provisions of
				  40 C.F.R.
				  142.65 are hereby incorporated by reference
				  including any subsequent amendments and editions. Copies are available for
				  public inspection as set forth in Rule .0102 of this Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 142;
Eff. June 1,
					 1988;
Transferred and Recodified from
					 10 NCAC
					 10D .2514 Eff. April 4, 1990;
Amended Eff. April 1, 2014; August 1, 2002; October 1, 1992;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1608 - REQUIREMENTS FOR AN EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary may exempt any public water system in the
					 state from any requirement respecting a maximum contaminant level or any
					 treatment technique requirement, or from both, of an applicable rule of this
					 Subchapter upon a finding that:
(1)
				  Due to compelling factors (which may include economic factors), the public
				  water system is unable to comply with such contaminant level or treatment
				  technique requirement;
(2) The
				  public water system was in operation on the effective date of federal
				  promulgation of such contaminant level or treatment technique requirement;
				  and
(3) The granting of the
				  exemption will not result in an unreasonable risk to health.
Authority
					 G.S.
					 130A-315;
					 130A-321;
					 P.L.
					 93-523;
					 40 C.F.R.
					 142;
Eff. September 1,
					 1979;
Amended Eff. December 19, 1979;
Transferred and
					 Recodified from
					 10 NCAC
					 10D .2506 Eff. April 4, 1990;
Amended Eff. July 1, 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1609 - EXEMPTION REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
A supplier of water may request an exemption for a public
					 water system by submitting a written request to the Secretary. Suppliers of
					 water may submit a joint request for exemptions when they seek similar
					 exemptions under similar circumstances. Any request for an exemption or
					 exemptions shall include the following information:
(1) the nature and duration of exemption
				  requested;
(2) relevant analytical
				  results of water quality sampling of the system, including results of relevant
				  tests conducted pursuant to the requirements of the drinking water
				  regulations;
(3) explanation of the
				  compelling factors such as time or economic factors which prevent such system
				  from achieving compliance;
(4)
				  other information, if any, believed by the applicant to be pertinent to the
				  application;
(5) a proposed
				  compliance schedule, including the date when each step toward compliance will
				  be achieved;
(6) such other
				  information as the Secretary may require.
Authority
					 G.S.
					 130A-315;
					 130A-321;
					 P.L.
					 93-523;
					 40 C.F.R.
					 142;
Eff. September 1,
					 1979;
Transferred and Recodified from
					 10 NCAC
					 10D .2507 Eff. April 4, 1990;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1610 - CONSIDERATION OF AN EXEMPTION REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Secretary shall act on any exemption request submitted pursuant to .1609 of
				  this Section within 90 days of receipt of the request.
(b) In consideration of whether the public
				  water system is unable to comply due to compelling factors, the Secretary shall
				  consider such factors as the following:
(1)
				  construction, installation, or modification of treatment equipment or
				  systems;
(2) the time needed to put
				  into operation a new treatment facility to replace an existing system which is
				  not in compliance;
(3) economic
				  feasibility of compliance.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1611 - DISPOSITION OF AN EXEMPTION REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the Secretary decides to deny the application for an exemption, the applicant
				  shall be notified of the intention to issue a denial. Such notice shall include
				  a statement of reasons for the proposed denial. Within 30 days after the
				  receipt of such notice, the applicant may request a hearing for the purpose of
				  contesting the proposed denial. Such hearing shall be conducted in the manner
				  set forth in
				  G.S.
				  150B-22 through
				  150B-37. If no hearing is
				  requested by the applicant within the 30 day period, the application shall be
				  denied.
(b) If the Secretary grants
				  an exemption request submitted pursuant to .1609 of this Section, the applicant
				  shall be notified of the decision in writing. Such notice shall identify the
				  facility covered and shall specify the termination date of the exemption. Such
				  notice shall provide that the exemption will be terminated when the system
				  comes into compliance with the applicable rule, and may be terminated upon a
				  finding by the Secretary that the system has failed to comply with any
				  requirements of a final schedule issued pursuant to .1613 of this
				  Section.
(c) The Secretary shall
				  propose a schedule for:
(1) compliance
				  (including increments of progress) by the public water system with each
				  contaminant level requirement and treatment technique requirement covered by
				  the exemption, and
(2)
				  implementation by the public water system of such control measures as the
				  Secretary may require for each contaminant covered by the exemption.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1612 - PUBLIC HEARINGS ON EXEMPTION SCHEDULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Before a schedule proposed by the Secretary pursuant to Rule.1611 of this
				  Section may take effect, the Secretary shall provide notice and opportunity for
				  public hearing on the schedule. Such notice may cover the proposal of more than
				  one such schedule and a hearing held pursuant to such notice shall include each
				  of the schedules covered by the notice.
(b) Public notice of an opportunity for
				  hearing on an exemption schedule shall be circulated in a manner designed to
				  inform interested and potentially interested persons of the proposed schedule,
				  and shall include the following minimum requirements:
(1) posting of a notice in the principal post
				  office of each municipality or area served by the public water system, and
				  publishing a notice in the newspaper or newspapers of general circulation in
				  the area served by the public water system;
(2) mailing of a notice to the Public Water
				  Supply Section, Division of Water Resources and to other appropriate state or
				  local agencies at the Secretary's discretion; and
(3) such notices shall include a summary of
				  the proposed schedule and shall inform interested persons that they may request
				  a public hearing on the proposed schedule.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1613 - FINAL SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within a
				  reasonable time after the termination of a hearing conducted in the manner set
				  forth in
				  G.S.
				  150B-22 through
				  150B-37, the Secretary shall,
				  based upon consideration of the hearing record as a whole, revise the proposed
				  schedule as necessary and prescribe the final schedule for compliance and
				  interim measures for the public water system granted an exemption under .1609
				  of this Section.
(b) Such schedule
				  shall require compliance by the public water system with each contaminant level
				  and treatment technique requirement prescribed by:
(1) regulations in
				  15A NCAC
				  18C Section .1500 adopted on or before
				  September 1, 1979, by no later than January 1, 1981; and
(2) amendments to
				  15A NCAC
				  18C adopted after September 1, 1979, by no
				  later than seven years after the effective date of the revised National Primary
				  Drinking Water Regulations.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1600 - VARIANCES AND EXEMPTIONS › Section 18C .1614 - BOTTLED WATER AND POINT OF USE DEVICES

Current through Register Vol. 39, No. 2, July 15, 2024
The provisions of
					 40 C.F.R.
					 142.57 are hereby incorporated by reference
					 including any subsequent amendments and editions. Copies are available for
					 public inspection as set forth in Rule .0102 of this
					 Subchapter.
Authority
					 G.S.
					 130A-315;
					 P.L.
					 93-523;
					 40 C.F.R.
					 142;
Eff. June 1,
					 1988;
Transferred and Recodified from
					 10 NCAC
					 10D .2513 Eff. April 4, 1990;
Amended Eff. April 1, 2014; October 1, 1992; December 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1700 - WATER SUPPLY SYSTEM GRANTS › Section 18C .1701-.1704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority S.L. 1971,
					 Ch. 909, as amended by S.L. 1973, Ch. 232; S.L. 1977, Ch. 677;
Eff.
					 June 30, 1978;
Repealed Eff. April 1,
					 2014.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1800 - LOCAL PLAN APPROVAL › Section 18C .1801 - LOCAL APPROVAL PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
This Section implements
					 G.S.
					 130A-317(d) which authorizes
					 the certification of local programs for approval of the construction or
					 alteration of the distribution system of a community water system. For purposes
					 of this Section, distribution system means the network of pipes, valves,
					 hydrants and related appurtenances but does not include pumps, storage tanks,
					 treatment devices, wells or other facilities.
Authority
					 G.S.
					 130A-317; 1985 S.L., c. 697, s.
					 3;
Eff. January 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1800 - LOCAL PLAN APPROVAL › Section 18C .1802 - APPLICATION FOR CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Application for certification shall be made to the Public
					 Water Supply Section, Division of Water Resources, 1634 Mail Service Center,
					 Raleigh North Carolina 27699-1634. Application shall be submitted in triplicate
					 and shall designate the office or agency which will administer the
					 program.
Authority
					 G.S.
					 130A-317; S.L. 1985-697, s. 3;
Eff. January 1, 1986;
Amended Eff. April 1, 2014; December 1,
					 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1800 - LOCAL PLAN APPROVAL › Section 18C .1803 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
The Department shall certify a local approval program which
					 satisfies the requirements of
					 G.S.
					 130A-317(d). The
					 requirements of
					 G.S.
					 130A-317(d)(4) are satisfied
					 when a local approval program provides by ordinance or local law for
					 enforcement provisions equivalent to
					 G.S.
					 130A-18 and
					 G.S.
					 130A-25. The requirements of
					 G.S.
					 130A-317(d)(5) are satisfied
					 when a local approval program has a minimum staff and other resources of: a
					 designer who is a professional engineer registered in this state and whose duty
					 is to devote the time necessary for an effective local approval program; a
					 technical staff, budget, equipment and facilities sufficient to support a
					 design engineering office; and an organizational structure sufficient to carry
					 out this purpose.
Authority
					 G.S.
					 130A-317; 1985 S.L., c. 697, s.
					 3;
Eff. January 1, 1986;
Amended Eff. February 1,
					 1987;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1800 - LOCAL PLAN APPROVAL › Section 18C .1804 - NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A local
				  approval program shall submit an annual notice to the Department, identifying
				  each approval of construction or alteration of the distribution system of a
				  community water system. The local approval program shall retain a copy of the
				  application and approved engineering plans and shall provide a copy to the
				  Department upon request.
(b) The
				  local approval program shall provide notice to the department within 10 days of
				  any change in staff, budget, or other resources that may affect the program's
				  ability to carry out the plan review program.
(c) Upon completion of the construction or
				  alteration of the distribution system, the applicant shall submit a statement
				  to the local approval program, signed by a registered professional engineer,
				  stating that construction was completed in accordance with approved plans and
				  specifications and revised only in accordance with
				  15A NCAC
				  18C .0306. The statement shall be based upon
				  observations during and upon completion of construction by the engineer or a
				  representative of the engineer's office who is supervised by the engineer. The
				  local approval program shall provide a copy of the statement to the Department
				  upon request.
Authority
					 G.S.
					 130A-317; 1985 S.L., c. 697, s.
					 3;
Eff. January 1, 1986;
Amended Eff. December 1,
					 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23, 2015;
Amended Eff.
					 July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1800 - LOCAL PLAN APPROVAL › Section 18C .1805 - DEPARTMENTAL ENFORCEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
If the Department determines that a community water system
					 is violating local approval requirements and the local approval program has not
					 enforced its requirements, the Department may, after written notice, to the
					 local program, enforce the requirements in accordance with provisions of
					 G.S.
					 130A-17 through
					 130A-28.
Authority
					 G.S.
					 130A-317; 1985 S.L., c. 697, s.
					 3;
Eff. January 1, 1986;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1901 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in the following rules, the term:
(1) "Delegate" means any person to whom the
				  Department has delegated authority in writing to act in its stead in relation
				  to civil penalties;
(2) "Hearing
				  officer" means the presiding officer in a contested case hearing;
(3) "Respondent" means the person against
				  whom a penalty has been assessed.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1902 - ADMINISTRATIVE PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The following rules provide the procedures and standards
					 governing the assessment, remission, mitigation and appeal of administrative
					 penalties imposed by the Department or its delegates under
					 G.S.
					 130A-22(b) for violations of
					 the North Carolina Drinking Water Act, Article 10 of Chapter 130A and
					 15A NCAC
					 18C.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. April 1, 2014; October 1,
					 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1903 - WHO MAY ASSESS PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Administrative penalties may be assessed by the Department
					 or its delegate.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1904 - WHEN PENALTIES MAY BE ASSESSED

Current through Register Vol. 39, No. 2, July 15, 2024
Administrative penalties may be assessed against any person
					 for violations as described in
					 G.S.
					 130A-325.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1905 - AMOUNT OF PENALTY ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  administrative penalty may not exceed the amount which may be assessed for
				  violations as prescribed in
				  G.S.
				  130A-22(b).
(b) Each day of a continuing violation shall
				  constitute a separate violation.
(c) Each violation of a specific provision of
				  Article 10 of Chapter 130A, the rules issued thereunder, and any order pursuant
				  thereto, shall be a separate violation.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1906 - CONSIDERATIONS IN ASSESSING ADMINISTRATIVE PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
In determining the amount of the assessment, the Department
					 or its delegates shall consider the following criteria and shall cite the
					 provisions that are applicable:
(1)
				  nature of the violation and the degree and extent of the harm, including the
				  following:
(a) for a violation of the North
				  Carolina Drinking Water Act, Article 10 of Chapter 130A, and the rules in this
				  Subchapter:
(i) type of violation,
(ii) type of contaminant involved,
(iii) duration,
(iv) cause (whether resulting from a
				  negligent, reckless or intentional act, or omission),
(v) potential effect on public health and the
				  environment,
(vi) effectiveness of
				  responsive measures taken by the violator,
(vii) damage to private property,
				  and
(viii) size of the water system
				  and population exposed;
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1907 - PROCEDURE FOR ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Depending on the violation involved, the Department or its delegates may issue
				  a notice of penalty assessment immediately or grant the violator a period of
				  time within which to cease the violation.
(b) For all violations for which a penalty is
				  assessed, a notice of such action shall be sent to the respondent by registered
				  or certified mail. The notice shall describe the nature of the violation with
				  reasonable particularity, the amount of the penalty for each violation, that
				  each day of a continuing violation constitutes a separate violation, advise
				  that the penalty is now due or that it will become due at the end of a
				  specified time, and advise the respondent of his rights of appeal.
(c) The Department or its delegates may
				  modify a penalty upon finding that additional or different facts should have
				  been considered in determining the amount of the assessment.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1908 - IMMINENT HAZARD

Current through Register Vol. 39, No. 2, July 15, 2024
If violation of the rules or law presents an imminent
					 hazard to the public health as determined by the Secretary, an order may be
					 issued pursuant to
					 G.S.
					 130A-322.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. October 1, 1984;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1909 - PAYMENTS: HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Within 30 days
				  after receipt of notification of a penalty assessment, the respondent must
				  tender payment, or submit in writing a request for an administrative hearing.
				  All appeals shall be made in accordance with G.S. 150B.
(b) Payment may be tendered in conjunction
				  with a hearing request and in such case, the payment will be accepted as
				  conditional upon final action.
(c)
				  This Rule shall not preclude informal conferences concerning the penalty
				  assessed.
(d) Whenever an
				  administrative hearing is scheduled, to avoid undue costs and delay, the
				  respondent will be required to state all the issues in dispute and the
				  Department will be required to hold only one administrative hearing.
(e) The Department will acknowledge the
				  receipt of all payments.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 18 - ENVIRONMENTAL HEALTH › Subchapter C - WATER SUPPLIES › Section .1900 - ADMINISTRATIVE PENALTIES › Section 18C .1910 - STAY OF PENALTY ASSESSMENT

Current through Register Vol. 39, No. 2, July 15, 2024
When an administrative hearing is requested for a purpose
					 other than remission or mitigation of the penalty assessed, the penalty will be
					 stayed as of the date of said request until service of the final decision or
					 other settlement of the matter.
Authority
					 G.S.
					 130A-22(f);
Eff.
					 September 1, 1979;
Amended Eff. May 1, 1987;
Pursuant
					 to G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 23,
					 2015.