reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0901 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The rules in
				  this Section are designed to implement North Carolina
				  General
				  Statutes 143-215.3(a)(14)
				  and 143-215.1 and provisions of the
				  Federal Water Pollution Control Act (also known as the "Clean Water Act" or
				  "CWA") regarding the discharge of non-domestic wastewater into publicly owned
				  treatment works (POTWs). They establish responsibilities of state and local
				  government, industry, and the public to implement pretreatment standards to
				  control pollutants that pass through or interfere with treatment processes in
				  POTWs, may contaminate sewage sludge, or otherwise have an adverse impact on
				  the POTW, its workers, or the environment.
(b) Copies of rules and regulations
				  referenced in this Section may be obtained from the Division of Water
				  Resources, Water Quality Permitting Section, free of charge, at the following
				  locations:
(1)
http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/percs/pretreatment-permits
;
				  and
(2) the North Carolina
				  Department of Environmental Quality, Division of Water Resources Offices of the
				  Pretreatment¸ Emergency Response, and Collection Systems (PERCS) Unit
Physical Address: Archdale Building, 512 N. Salisbury
					 St.
Raleigh, N.C. 27604
Mailing Address: 1617 Mail Service Center
Raleigh, N.C. 27699-1617.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0902 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The rules of this Section apply to:
(1) Pollutants from non-domestic sources
				  covered by pretreatment standards that are indirectly discharged into or
				  transported by truck or rail or otherwise introduced into POTWs as defined in
				  40 CFR
				  403.3 and Rule .0903 of this
				  Section;
(2) POTWs and control
				  authorities that receive wastewater from sources subject to pretreatment
				  standards; and
(3) Any new or
				  existing source subject to pretreatment standards.
The rules of this Section do not apply to sources that
					 discharge to a sewer that is not connected to a POTW treatment
					 plant.
Authority
					 G.S.
					 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994;
					 October 1, 1987;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0904 - REQUIRED PRETREATMENT PROGRAMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The regulations regarding pretreatment program development by the control
				  authority promulgated by the EPA and codified as
				  40 CFR
				  403.8(a) through
				  403.8(e) are
				  hereby incorporated by reference, including any subsequent amendments and
				  editions. A copy of the reference material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
				  free of charge.
(b) The Division
				  may allow a control authority having a combined permitted flow less than or
				  equal to two million gallons per day and less than four significant industrial
				  users to develop and implement a modified pretreatment program that encompasses
				  a portion of the requirements in Rules .0905 and .0906 of this Section, as
				  designated by the Division Director. In making the decision to allow modified
				  pretreatment program development and implementation, the Division Director
				  shall consider factors including percent industrial flow, industrial waste
				  characteristics, compliance status of the facility, and the potential for
				  industrial growth.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.1(b);
					 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. April 1, 2011; November 1, 1994;
					 October 1, 1987; December 1, 1984;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0905 - POTW PRETREATMENT PROGRAM IMPLEMENTATION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except where specified differently in
				  this Section, the POTW pretreatment program requirements promulgated by the EPA
				  and codified as 40 CFR
				  403.8(f) and (g) are hereby
				  incorporated by reference, including any subsequent amendments and editions. A
				  copy of the reference material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
				  free of charge.
(b) The
				  implementation of a pretreatment program involves:
(1) updating the SUO;
(2) implementing IWS activities;
(3) updating the HWA;
(4) implementation of the LTMP or
				  STMP;
(5) implementation of
				  compliance activities, including sampling and inspection of significant
				  industrial users;
(6) maintenance
				  of control authority organization description, including staffing and funding
				  information;
(7) implementation or
				  the ERP; and
(8) reporting to the
				  Division on pretreatment program activities.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0907 - PROCEDURES FOR PRETREATMENT PROGRAM APPROVAL, REVISION AND WITHDRAWAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Procedures for approval of a control
				  authority pretreatment program and for removal credit authorization are as
				  follows:
(1) Except where specified
				  differently in part of this Section, the approval procedures for control
				  authority pretreatment programs and applications for removal credit
				  authorization promulgated by the EPA and codified as
				  40 CFR
				  403.11 are hereby incorporated by reference,
				  including any subsequent amendments and editions. A copy of the reference
				  material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
				  free of charge; and
(2) Upon
				  program approval, a control authority is delegated, subject to the provisions
				  of Rules .0916 and .0917 of this Section, the authority to issue the
				  construction, operation, and discharge permits required by
				  G.S.
				  143-215.1(a) for those
				  significant industrial users discharging or proposing to discharge to the
				  POTW.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0908 - REPORTING/RECORD KEEPING REQUIREMENTS FOR POTWS/INDUSTRIAL USERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except where specified differently with
				  any part of this Section, the regulations regarding the reporting requirements
				  for control authorities and industrial users promulgated by the EPA and
				  codified as 40 CFR
				  403.8(g) and
				  403.12 are hereby incorporated by
				  reference, including any subsequent amendments and editions. A copy of the
				  reference material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
				  free of charge.
(b) Control
				  authorities with active approved pretreatment programs shall submit once per
				  year a pretreatment report describing its pretreatment activities over the
				  previous 12 months. Two copies of each pretreatment report shall be submitted
				  to the Division by March 1 of each year for activities conducted for two
				  six-month periods, January 1 through June 30 and July 1 through December 31 of
				  the previous year. This annual report shall contain the following information
				  in accordance with forms provided by the Division:
(1) a written summary of actions taken by the
				  control authority to ensure compliance with pretreatment
				  requirements;
(2) a pretreatment
				  program summary on forms or in a format provided by the Division;
(3) a list of industrial users in significant
				  noncompliance with pretreatment requirements, the nature of the violations, and
				  actions taken or proposed to correct the violations on forms or in a format
				  provided by the Division;
(4) an
				  allocation table as described in Rule .0916(c)(4) of this Section;
				  and
(5) other information the
				  Division Director determines is needed to determine compliance with the
				  implementation of the pretreatment program, including significant industrial
				  user compliance schedules, public notice of industrial users in significant
				  noncompliance, a summary of significant industrial user effluent monitoring
				  data as described in Paragraphs (a) and (e) of this Rule, a summary of
				  information related to significant non-compliance determination for industrial
				  users that are not considered significant industrial users, and Long or Short
				  Term Monitoring Plan data on forms or in a format provided by the
				  Division.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0909 - NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations regarding national prohibited pretreatment
					 standards and local limits development and enforcement promulgated by the EPA
					 and codified as 40 CFR
					 403.5 are hereby incorporated by reference,
					 including any subsequent amendments and editions. A copy of the reference
					 material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.1(a)(7);
					 143-215.1(b);
					 143-215.3(a)(1);
					 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994;
					 October 1, 1987; December 1, 1984;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0910 - NATIONAL PRETREATMENT STANDARDS: CATEGORICAL STANDARDS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations regarding national categorical pretreatment
					 standards promulgated by the EPA and codified pursuant to
					 40 CFR
					 403.6 are hereby incorporated by reference,
					 including any subsequent amendments and editions. A copy of the reference
					 material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.1(a)(7);
					 143-215.1(b);
					 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994;
					 October 1, 1987; December 1, 1984;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0911 - REPEALED - REVISION TO REFLECT POTW REMOVAL OF POLLUTANT

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1(a),(b);
					 143-215.3(a)(14);
Eff. March 28, 1980;
Amended Eff. December 1, 1984;
Repealed Eff. October 1, 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0912 - ADJUSTMENTS FOR FUNDAMENTALLY DIFFERENT FACTORS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations regarding variances from national
					 categorical pretreatment standards for fundamentally different factors
					 promulgated by the EPA and codified as
					 40 CFR
					 403.13 are hereby incorporated by reference,
					 including any subsequent amendments and editions. A copy of the reference
					 material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215(a);
					 143-215.1(a);
					 143-215.1(b);
					 143-215.3(a)(14);
					 143-215.3(e);
Eff. March 28, 1980;
Amended Eff. March 1, 2011; November 1, 1994;
					 October 1, 1987; December 1, 1984;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0913 - PUBLIC ACCESS TO INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Information and data provided by an industrial user to the POTW Director
				  pursuant to this Section, identifying the nature and frequency of a discharge,
				  shall be available to the public without restriction. All other information
				  submitted by an industrial user to the POTW Director in connection with any
				  required reports shall also be available to the public, unless the industrial
				  user specifically identifies the information as confidential upon submission
				  and is able to demonstrate that the disclosure of such information or a
				  particular part thereof to the general public would divulge methods or
				  processes entitled to protection as trade secrets.
(b) Information and data provided by an
				  industrial user to the Division Director shall be subject to the processes set
				  forth in G.S. 143-215.3C.
(c) Information provided by an industrial
				  user to a control authority that is determined to be entitled to confidential
				  treatment shall be made available upon written request to the Division or any
				  State agency for uses related to the pretreatment program, the NPDES permit,
				  collection system permit, stormwater permit, or non-discharge permit, and for
				  uses related to judicial review or enforcement proceedings involving the person
				  furnishing the report.
(d)
				  Information and data received by the Division or other State agency under
				  Paragraph (c) of this Rule shall be subject to the processes set forth in
				  G.S.
				  143-215.3C.
Authority
					 G.S.
					 132-1.2;
					 132-6;
					 132-9;
					 143-215.1;
					 143-215.3;
					 143-215.3C;
Eff.
					 March 28, 1980;
Amended Eff. April 1, 2011; October 1,
					 1987;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0914 - UPSET PROVISION

Current through Register Vol. 39, No. 2, July 15, 2024
The upset provision promulgated by the EPA and codified as
					 40 CFR
					 403.16 is hereby incorporated by reference,
					 including any subsequent amendments and editions. A copy of the reference
					 material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(14);
Eff. December 1, 1984;
Amended Eff. March 1, 2011; November 1,
					 1994; October 1, 1987;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0915 - NET/GROSS CALCULATION

Current through Register Vol. 39, No. 2, July 15, 2024
The net/gross calculation provisions promulgated by the EPA
					 and codified as 40 CFR
					 403.15 are hereby incorporated by reference,
					 including any subsequent amendments and editions. A copy of the reference
					 material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(14);
Eff. December 1, 1984;
Amended Eff. March 1, 2011; November 1,
					 1994; October 1, 1987;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0916 - PRETREATMENT PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All significant
				  industrial users who discharge waste into a POTW shall obtain a permit from the
				  control authority.
(b) Where the
				  Division is the control authority, permits shall be issued in accordance with
				  Section .0100 of this Subchapter.
(c) Where the control authority is a POTW,
				  significant industrial user permits shall be issued as follows:
(1) Application: any significant industrial
				  user required to obtain a permit in Paragraph (a) of this Rule shall be
				  required to complete, sign, and submit to the control authority a permit
				  application. Application fees and procedures may be prescribed by the control
				  authority. All pretreatment permit applications shall include as a minimum:
(A) the name of industrial user;
(B) the address of industrial user;
(C) the standard industrial classification
				  (SIC) code(s) or expected classification and industrial user
				  category;
(D) the wastewater
				  flow;
(E) the types and
				  concentrations (or mass) of pollutants contained in the discharge;
(F) the products manufactured or services
				  supplied;
(G) a description of
				  existing on-site pretreatment facilities and practices;
(H) the locations of discharge
				  points;
(I) the raw materials used
				  or stored at the site;
(J) a flow
				  diagram or sewer map for the industrial user;
(K) the number of employees; and
(L) the operation and production schedules.
The application shall include a written description of
					 current and projected waste reduction activities in accordance with
					 G.S.
					 143-215.1(g). The written
					 description shall not be considered part of the permit application and shall
					 not serve as a basis for denial of a permit.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0917 - PRETREATMENT PERMIT SUBMISSION AND REVIEW

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Each control authority shall transmit to the Division copies of all significant
				  industrial user pretreatment permits 30 days prior to the effective
				  date.
(b) Permits and permit
				  renewal submissions to the Division for significant industrial users shall
				  include the supporting information listed in this Paragraph. Permit
				  modification submissions for significant industrial users shall include updated
				  versions of this supporting information listed in this Paragraph, as applicable
				  to that modification:
(1) the rationale for
				  limits and allocation table required by Rule .0916(c)(4) of this
				  Section;
(2) a copy of the
				  completed application required in Rule .0916(c)(1) of this Section;
				  and
(3) a copy of the record of the
				  inspection required in Rule .0916(c)(3)(C) of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0918 - LOCAL LAW

Current through Register Vol. 39, No. 2, July 15, 2024
Nothing in the rules of this Section is intended to affect
					 any pretreatment requirements, including any standards or prohibitions,
					 established by local law as long as the local requirements are not less
					 stringent than any set forth in National Pretreatment Standards, or any other
					 requirements or prohibitions established under the Clean Water Act, the North
					 Carolina General Statutes, or the rules of this Section.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.1(b);
					 143-215.3(a)(1);
					 143-215.3(a)(14);
					 153A-274;
					 153A-275;
160A-311;
					 160A-312;
Eff. November 1, 1994;
Readopted Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0919 - BYPASS

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations regarding the bypass provisions promulgated
					 by the EPA and codified as 40 CFR 403.17 are hereby
					 incorporated by reference. A copy of the reference material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.1(a)(1);
					 143-215.3(a)(14);
Eff. November 1, 1994;
Amended Eff. March 1, 2011;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0920 - REPEALED - PRETREATMENT FACILITY OPERATION AND MAINTENANCE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3;
Eff. November 1,
					 1994;
Amended Eff. April 1, 2011;
Repealed Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0921 - REVISION TO REFLECT POTW REMOVAL OF POLLUTANT

Current through Register Vol. 39, No. 2, July 15, 2024
The regulations regarding removal credits promulgated by
					 the EPA and codified as 40
					 CFR 403.7 are hereby incorporated by
					 reference, including any subsequent amendments and editions. A copy of the
					 reference material can be found at
http://www.ecfr.gov/cgi-bin/text-idx?SID=002b8fe78be0d299d7289c36ef66652d&mc=true&tpl=/ecfrbrowse/Title40/40CIsubchapN.tpl
,
					 free of charge.
Authority
					 G.S.
					 143-215.1(a);
					 143-215.1(b);
					 143-215.3(a)(14);
Eff. November 1, 1994;
Amended Eff. March 1, 2011;
Readopted Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0900 - LOCAL PRETREATMENT PROGRAMS › Section 02H .0922 - HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The control
				  authority sewer use ordinance (SUO) and attorney's statement required under
				  Rule .0906(b)(1) shall provide for the enforcement and compliance with its
				  pretreatment program in accordance with the provisions of
				  G.S.
				  160A-175 for municipalities,
				  G.S.
				  153A-123 for counties,
				  G.S.
				  162A-9.1 for water and sewer authorities, and
				  G.S.
				  162A-81 for metropolitan sewerage districts.
				  This shall include:
(1) providing industrial
				  users assessed civil penalties by the control authority for violations of its
				  pretreatment program with the opportunity to request review of the penalty in
				  accordance with the provisions of
				  G.S.
				  143-215.6A(k); and
(2) providing industrial users the
				  opportunity to request review of other actions taken by the control authority
				  to administer and enforce its pretreatment program. Such control authority
				  actions may include denial or termination of a pretreatment permit or other
				  permission to discharge, issuance of a permit or other permission to discharge
				  subject to conditions the industrial users deems unacceptable, and the issuance
				  of an administrative order subject to conditions the industrial users deems
				  unacceptable. The opportunity to request review may include the right to
				  request a review of a control authority action with the local government as
				  established in that local government's SUO, or to request a review by the
				  superior court having local jurisdiction.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1001 - POST-CONSTRUCTION STORMWATER MANAGEMENT: PURPOSE AND SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to protect surface waters
					 and aquatic resources from the adverse impacts of stormwater runoff from
					 development activities.
(1)
				  APPLICABILITY. This Section shall apply to development projects and major
				  modifications of development projects for residential, commercial, industrial,
				  or institutional use that are subject to one or more of the post-construction
				  stormwater management programs listed in Item (2) of this Rule. This Section
				  shall not apply to:
(a) land management
				  activities associated with agriculture or silviculture;
(b) activities of the North Carolina
				  Department of Transportation (NCDOT) that are regulated in accordance with the
				  provisions of NPDES Permit Number NCS000250;
(c) linear transportation projects undertaken
				  by an entity other than the NCDOT when:
(i)
				  the project is constructed to NCDOT standards and is in accordance with the
				  NCDOT Stormwater Best Management Practices Toolbox (Version 2, April 2014
				  Edition) which is herein incorporated by reference, including any subsequent
				  amendments and editions, and may be accessed at no cost at
https://connect.ncdot.gov/resources/hydro/HSPDocuments/2014_BMP_Toolbox.pdf
;
(ii) upon completion, the project will be
				  conveyed either to the NCDOT or another public entity and will be regulated in
				  accordance with that entity's NPDES MS4 stormwater permit; and
(iii) the project is not part of a common
				  plan of development;
(d)
				  development activities that have already received a State Stormwater Permit or
				  Certification where no modification or a minor modification is requested. These
				  activities shall follow their existing permit conditions.
(e) airport facilities that are deemed
				  permitted in accordance with
				  G.S.
				  143-214.7(c4); and
(f) "redevelopment" as the term is defined in
				  G.S.
				  143-214.7(a1).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1003 - REQUIREMENTS THAT APPLY TO ALL PROJECTS

Current through Register Vol. 39, No. 2, July 15, 2024
The following requirements shall apply to projects subject
					 to any North Carolina stormwater program set forth in Rule .1001 of this
					 Section.
(1) CALCULATION OF PROJECT
				  DENSITY. The following requirements shall apply to the calculation of project
				  density:
(a) Project density shall be
				  calculated as the total built-upon area divided by the total project
				  area;
(b) A project with existing
				  development may use the calculation method in Sub-Item (1)(a) or shall have the
				  option of calculating project density as the difference of total built-upon
				  area minus existing built-upon area divided by the difference of total project
				  area minus existing built-upon area;
(c) Total project area shall exclude the
				  following:
(i) areas below the Normal High
				  Water Line (NHWL); and
(ii) areas
				  defined as "coastal wetlands" pursuant to
				  15A NCAC
				  07H .0205, herein incorporated by reference,
				  including any subsequent amendments and editions, and may be accessed at no
				  cost at
http://reports.oah.state.nc.us/ncac.asp
as measured landward from the Normal High Water (NHW) line; and
(d) On a case-by-case basis as
				  determined by the Division during application review, projects may be
				  considered to have both high and low density areas based on one or more of the
				  following criteria:
(i) natural drainage area
				  boundaries;
(ii) variations in land
				  use throughout the project; and
(iii) construction phasing.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1004 - REPEALED - STATEWIDE STORMWATER GUIDELINES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
					 143-214.7;
					 143-215.3(a)(1);
					 143-215.8A;
Eff.
					 January 1, 1988;
Repealed Eff. September 1,
					 1995.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1005-.1013

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
					 143-214.7;
					 143-215.1;
					 143-215.3(a);
					 143-215.3(a)(1);
					 S.L. 2011-220;
Eff. September 1, 1995;
This Rule is
					 superseded by S.L. 2008-211 Eff. October 1, 2008;
Amended Eff.
					 March 1, 2013; July 3, 2012; December 1, 1995;
Repealed Eff.
					 January 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1014-.1015

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
					 143-214.7;
					 143-215.1;
					 143-215.3(a)(1);
Eff. July 3, 2012;
Repealed Eff. January 1,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1016 - DEVELOPMENT IN URBANIZING AREAS: APPLICABILITY AND DELINEATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Development in Unincorporated Areas of
				  Counties.
(1) Development that cumulatively
				  disturbs one acre or more of land, including development that disturbs less
				  than one acre of land that is part of a larger common plan of development or
				  sale, that is located in the unincorporated area of a county shall comply with
				  the standards set forth in Rule.1017 of this Section beginning 1 July 2007 if
				  the development is located in any of the following:
(A) an area that is designated as an
				  urbanized area under the most recent federal decennial census.
(B) the unincorporated area of a county
				  outside of a municipality designated as an urbanized area under the most recent
				  federal decennial census which is herein incorporated by reference, including
				  subsequent amendments and editions, and may be accessed at no cost at:
https://www.census.gov/programs-surveys/decennial-census/data.html
that extends:
(i) One mile beyond the
				  corporate limits of a municipality with a population of less than 10,000
				  individuals;
(ii) Two miles beyond
				  the corporate limits of a municipality with a population of 10,000 or more
				  individuals but less than 25,000 individuals; or
(iii) Three miles beyond the corporate limits
				  of a municipality with a population of 25,000 or more individuals.
(C) an area delineated pursuant to
				  Subparagraph (3) of this Paragraph.
(D) a county that contains an area that is
				  designated as an urbanized area under the most recent federal decennial census
				  in which the unduplicated sum of the following equal or exceed 75 percent of
				  the total geographic area of the county:
(i)
				  the area that is designated as an urbanized area under the most recent federal
				  decennial census;
(ii) the area
				  described in Subparagraph (1)(B) of this Paragraph;
(iii) the area delineated pursuant to Item
				  (2) of this Paragraph;
(iv) the
				  jurisdiction of a regulated entity designated pursuant to Paragraph (a) of Rule
				  .0151(a) of this Subchapter;
(v)
				  the area that is regulated by a NPDES MS4permit for stormwater management
				  required pursuant to
				  15A NCAC
				  02H .0151(b); and
(vi) areas in the county that are subject to
				  any of the stormwater management programs administered by the Division;
				  or
(E) A county that
				  contains an area that is designated as an urbanized area under the 1990 or 2000
				  federal decennial census and that has an actual population growth rate that
				  exceeded the State population growth rate for the period 1995 through 2004,
				  unless that actual population growth rate occurred in an area within the county
				  that consists of less than five percent of the total land area of the
				  county.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1017 - NPDES MS4 AND URBANIZING AREAS: POST-CONSTRUCTION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to minimize the impact of
					 stormwater runoff from new development on the water quality of surface waters
					 and to protect their best usages.
(1)
				  IMPLEMENTING AUTHORITY. The requirements of this Rule shall be implemented by
				  permittees, delegated programs, and regulated entities in accordance with Rule
				  .0151 of this Subchapter and Rule .1016 of this Section.
(2) APPLICABILITY. This Rule shall apply to
				  all development subject to Rule .1016 of this Section or that disturbs one acre
				  or more of land, including a development that disturbs less than one acre of
				  land that is part of a larger common plan of development or sale, and is
				  subject to a local NPDES post-construction stormwater program pursuant to Rule
				  .0153 of this Subchapter. Where this Rule is administered by the Division, it
				  shall not apply to projects that are subject to any of the following rules:
(a) Water Supply Watershed I (WS-I) -
				  15A NCAC
				  02B .0212;
(b) Water Supply Watershed II (WS-II) -
				  15A NCAC
				  02B .0214;
(c) Water Supply Watershed III (WS-III) -
				  15A NCAC
				  02B .0215;
(d) Water Supply Watershed IV (WS-IV) -
				  15A NCAC
				  02B .0216;
(e) High Quality Waters (HQW) in Non-Coastal
				  Counties -
				  15A NCAC
				  02H .1021;
(f) Outstanding Resource Waters (ORW) in
				  Non-Coastal Counties -
				  15A NCAC
				  02H .1021;
(g) Neuse River Basin Nutrient Sensitive
				  Waters (NSW) Management Strategy -
				  15A NCAC
				  02B .0235;
(h) Tar-Pamlico River Basin Nutrient
				  Sensitive Waters (NSW) Management Strategy -
				  15A NCAC
				  02B .0258;
(i) Randleman Lake Water Supply Watershed
				  Nutrient Management Strategy -
				  15A NCAC
				  02B .0251;
(j) Jordan Water Supply Nutrient Strategy:
				  Stormwater Management for New Development -
				  15A NCAC
				  02B .0265;
(k) Falls Reservoir Water Supply Nutrient
				  Strategy: Stormwater Management for New Development -
				  15A NCAC
				  02B .0277;
(l) Coastal Counties: Stormwater Management
				  Requirements -
				  15A NCAC
				  02H .1019;
(m) Goose Creek Watershed: Stormwater Control
				  Requirements -
				  15A NCAC
				  02B .0602; or
(n) Universal Stormwater Management Program -
				  15A NCAC
				  02H .1020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1019 - COASTAL COUNTIES

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to protect surface waters in
					 the 20 Coastal Counties from the impact of stormwater runoff from new
					 development.
(1) Implementing
				  Authority. This Rule shall be implemented by:
(a) local governments and other entities
				  within the 20 Coastal Counties that are required to implement a
				  Post-Construction program as a condition of their NPDES permits;
(b) local governments and state agencies that
				  are delegated to implement a stormwater program pursuant to
				  G.S.
				  143-214.7(c) and (d);
				  and
(c) the Division in all other
				  areas where this Rule applies.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1020 - UNIVERSAL STORMWATER MANAGEMENT PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Adoption of the Universal Stormwater Management Program (USMP) shall be made at
				  the option of a local government by adopting an ordinance that complies with
				  this Rule and the requirements of
				  15A NCAC
				  02B .0104(f). The Commission
				  shall approve local ordinances if it determines that the requirements of the
				  local ordinance meet or exceed the provisions of this Rule and the requirements
				  of 15A
				  NCAC 02B .0104(f). A model
				  ordinance for the USMP shall be available at no cost on the Division's website
				  at
http://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-permits/usmp
.
				  Administration and implementation of the USMP shall be the responsibility of
				  the adopting local government within its jurisdiction. Local governments
				  located within one of the 20 Coastal Counties may elect to have the Division
				  administer and implement the USMP, either in whole or in part, within their
				  jurisdiction following their adoption of the program. The requirements of the
				  USMP shall supersede and replace all other existing post-construction
				  stormwater requirements within that jurisdiction, as specified in Paragraph (b)
				  of this Rule.
(b) With the
				  exceptions noted in Paragraph (c) of this Rule, the requirements specified in
				  this Rule shall replace the following post-construction stormwater control
				  requirements:
(1) Water Supply (WS) Watershed
				  II (WS II) (15A NCAC 02B
				  .0214(3)(b)(i));
(2) WS Watershed II Critical Area (WS II CA)
				  (15A
				  NCAC 02B
				  .0214(3)(b)(ii));
(3) WS Watershed III (WS III) (15A NCAC 02B
				  .0215(3)(b)(i));
(4) WS Watershed III Critical Area (WS III
				  CA) (15A
				  NCAC 02B
				  .0215(3)(b)(ii));
(5) WS Watershed IV (WS IV) (15A NCAC 02B
				  .0216(3)(b)(i));
(6) WS Watershed IV Critical Area (WS IV CA)
				  (15A
				  NCAC 02B
				  .0216(3)(b)(ii));
(7) High Quality Waters (HQW) for Freshwaters
				  (15A
				  NCAC 02H .1021);
(8) Outstanding Resource Waters (ORW) for
				  Freshwaters (15A NCAC 02H .1021);
(9) Outstanding Resource Waters (ORW) for
				  Saltwaters (15A NCAC 02H. 1019);
(10) Shellfishing Waters (SA) (15A NCAC 02H
				  .1019);
(11) Post-Construction Stormwater
				  Requirements of the NPDES MS4Program (15A NCAC 02H
				  .1017);
(12) Coastal Counties Stormwater Requirements
				  in 15A
				  NCAC 02H .1019;
(13) Stormwater Management Plans for 401
				  Water Quality Certifications under
				  15A NCAC
				  02H .0500;
(14) Catawba Buffer Rules (15A NCAC 02B
				  .0243); and
(15) Urban Stormwater Management Requirements
				  of the Randleman Lake Water Supply Watershed Rules (15A NCAC 02B
				  .0251).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1021 - NON-COASTAL COUNTY HIGH QUALITY WATERS (HQW) AND OUTSTANDING RESOURCE WATERS (ORW)

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to minimize the impact of
					 stormwater runoff from development on the water quality of surface waters and
					 to protect their designated best usages in management zones of Non-Coastal
					 County High Quality Waters (HQW) and Outstanding Resource Waters (ORW).
(1) IMPLEMENTING AUTHORITY. This rule shall
				  be implemented by the Division.
(2)
				  APPLICABILITY. This Rule shall apply to development activities outside of
				  Coastal Counties that require an Erosion and Sedimentation Control Plan
				  pursuant to
				  G.S.
				  113A-57and are either:
(a) within one mile of and draining to waters
				  classified as HQW except that development located in WS-I or WS-II watersheds
				  as set forth in
				  15A NCAC
				  02B .0212 and
				  02B .0214 are excluded from the
				  requirements of this Rule; or
(b)
				  draining to waters classified as ORW.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1030 - STORMWATER REQUIREMENTS: OIL AND GAS EXPLORATION AND PRODUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Regulated Development Activity. Persons
				  engaged in oil and gas exploration, development, and production activities
				  shall manage stormwater runoff in accordance with the provisions of this Rule.
(1) These persons shall submit a permit
				  application to the Division of Energy, Mineral, and Land Resources (Division)
				  in accordance with the requirements of this Section.
(2) These persons shall obtain a permit from
				  the Division prior to any on-site activities other than land surveying, and
				  surface soil testing of hydraulic conductivity and engineering
				  properties.
(3) This Rule
				  authorizes the Division to issue a stormwater-only permit. Any other discharge
				  to surface waters is prohibited unless permitted in accordance with
				  G.S.
				  143-215.1.
(4) The Division may issue stormwater permits
				  as discrete, stand-alone stormwater permits or may incorporate stormwater
				  permit conditions into an environmental protection permit encompassing multiple
				  regulatory programs.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1040 - PERMIT ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule applies to the permitting processes set forth in
					 Rules .1041 through .1045 of this Section.
(1) SIGNATURES ON PERMIT APPLICATION FORMS.
				  Application forms shall have an original signature by one of the following
				  entities unless the application is accompanied by a letter of authorization
				  signed by the appropriate authority as designated in Sub-Items (a) through (d)
				  of this Item authorizing the signature of another entity:
(a) in the case of a corporation, by a
				  principal executive officer of the level of vice-president or his authorized
				  representative. In the case of a limited liability corporation (LLC), by a
				  manager or company official as those terms are defined in G.S. 57D "North
				  Carolina Limited Liability Company Act;"
(b) in the case of a partnership, by a
				  general partner or a managing partner. In the case of a limited partnership, by
				  a general partner;
(c) in the case
				  of a proprietorship, by the proprietor(s); or
(d) in the case of a municipal, state, or
				  other public entity, by either a principal executive officer, ranking official,
				  or other duly authorized employee.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1041 - GENERAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In accordance
				  with the provisions of
				  G.S.
				  143-215.1(b)(3) and (4),
				  general permits may be developed by the Division and issued by the Director for
				  categories of activities covered in this Section. Each of the general permits
				  shall be issued separately pursuant to
				  G.S.
				  143-215.1, using all procedural requirements
				  specified for State permits including application and public notice.
(b) General permits may be written to
				  regulate categories of activities that:
(1)
				  involve the same or similar operations;
(2) have similar characteristics;
(3) require the same limitations or operating
				  conditions;
(4) require the same or
				  similar monitoring; and
(5) are
				  controlled by a general permit as determined by the Director.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1042 - STANDARD PERMITTING PROCESS

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule contains the requirements for the application,
					 review, issuance, and denial of state stormwater management permits under the
					 standard permitting process.
(1)
				  APPLICABILITY. This rule applies to:
(a) any
				  person seeking to permit a development activity subject to a stormwater program
				  implemented by the Division under the standard permitting process;
				  and
(b) any person proposing a
				  major modification to an existing state stormwater permit under the standard
				  permitting process.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1043 - FAST TRACK PERMITTING PROCESS: AUTHORIZATION TO CONSTRUCT

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the first of two
					 phases of the Fast-Track Stormwater Permit application process: applying for
					 and receiving an authorization to construct permit. There will be a
					 completeness review during the first phase of this process; however, at project
					 completion, the Division shall review the as-built submittal package to
					 determine compliance with the Minimum Design Criteria (MDC).
(1) APPLICABILITY. The fast-track permitting
				  process shall be an option for new projects and major modifications of existing
				  projects provided that all of the MDC shall be met upon project completion.
				  Projects that do not qualify for the fast-track permitting process include:
(a) projects claiming an exemption from the
				  MDC based on vested rights, a waiver, or Director's certification pursuant to
				  Rule .1040(7) of this Section;
(b)
				  modifications to existing projects where the proposed changes to the SCMs will
				  not result in compliance with MDC; and
(c) projects that are not in compliance with
				  a current stormwater permit.