reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0126 - STORMWATER DISCHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Stormwater
				  discharges subject to National Pollutant Discharge Elimination System (NPDES)
				  permitting are addressed in this section, which incorporates, supplements, and
				  elaborates on the federal rules on stormwater NPDES discharges. Other
				  stormwater control requirements are addressed in Section .1000 of this
				  Subchapter entitled "Stormwater Management," but may also be addressed in
				  sections dedicated to particular water classifications or
				  circumstances.
(b) Facilities and
				  Regulated Entities (REs) subject to NPDES permitting shall be issued NPDES
				  permits for stormwater discharges to surface waters in accordance with this
				  Rule, Rules. 0150 through .0153 of this Subchapter, and United States
				  Environmental Protection Agency (EPA) regulations
				  40 CFR
				  122.21,
				  122.26, and
				  122.28 through
				  122.37 (1 July 2015 Edition) which
				  are hereby incorporated by reference, not including subsequent amendments and
				  editions. These federal regulations may be accessed at no cost at
http://www.gpo.gov/fdsys/
. State
				  regulations may be accessed at
http://www.ncoah.com/rules
.
Authority
					 G.S.
					 143-214.1;
					 143-214.7;
					 143-215.1;
					 143-215.3(a)(1);
Eff. November 1, 1986;
Amended Eff. August 3, 1992;
Temporary Amendment Eff. November 1, 2002;
Temporary Amendment
					 returned to Agency by Rules Review Commission on January 22, 2004;
Amended Eff. July 3, 2012;
Readopted Eff. January 1,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0127 - 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 as described in Paragraph (d) of this Rule.
(b) General permits shall be issued in
				  accordance with
				  G.S.
				  143-215.1, using the procedures specified in
				  this Section for individual NPDES permits, including those for application and
				  public notice.
(c) Each general
				  permit shall establish conditions that apply to all discharges covered by the
				  permit, such as effluent standards and limits, management practices,
				  enforcement authorities, and rights and privileges as specified in the general
				  permit.
(d) General permits may be
				  issued for discharges from categories or subcategories of minor activities such
				  as the following:
(1) once-through non-contact
				  cooling waters with no biocidal additives;
(2) mine dewatering facilities;
(3) water filtration facilities;
(4) swimming pool filter backwash
				  facilities;
(5) seafood packing
				  facilities;
(6) oil terminal
				  storage facilities;
(7) tourist gem
				  mines;
(8) sand dredges;
(9) trout farms;
(10) aquifer restoration;
(11) stormwater discharges;
(12) single-family residences;
(13) other minor activities, provided that
				  their discharges:
(A) involve the same or
				  substantially similar operations;
(B) have similar discharge
				  characteristics;
(C) require the
				  same effluent limitations or operating conditions; and
(D) require the same or similar
				  monitoring.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0128-0137

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215;
					 143-215(1);
					 143-215(3);
					 143-215.1;
					 143-215.3;
Eff.
					 October 1, 1987;
Amended Eff. August 1, 1988;
Repealed
					 Eff. August 1, 1991.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0138 - AUTHORIZATION TO CONSTRUCT PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Authorization Required.
(1) After an NPDES
				  permit has been issued by the Division of Water Resources in accordance with
				  this Section, construction of wastewater treatment facilities or additions
				  thereto shall not begin until final plans and specifications have been
				  submitted to and an Authorization to Construct has been issued to the permittee
				  by the Division of Water Resources, except as provided in Subparagraph (2) of
				  this Paragraph.
(2) No
				  Authorization to Construct shall be required for facilities intended to treat
				  principally waste or sewage from an industrial facility whose discharge is
				  authorized pursuant to an NPDES permit.
(3) If an Authorization to Construct has not
				  been applied for in accordance with the requirements of the NPDES permit during
				  the term of the permit, the permit shall be considered void upon expiration and
				  future actions shall be considered as a new application.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0139 - MINIMUM DESIGN REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
All facilities requiring a permit pursuant to this Section
					 shall be designed following good engineering practice and comply with the
					 minimum design requirements specified in
					 15A NCAC
					 02T .0114 and
					 02T .0805. The plans and
					 specifications must be stamped and sealed by a Professional Engineer licensed
					 in North Carolina unless all three of the following conditions are met:
(1) the plans and specifications are for
				  domestic waste from a single family dwelling with flows of 1,000 gallons per
				  day or less;
(2) the plans and
				  specifications are prepared by the homeowner, and contain all information
				  needed to evaluate the proposed facility pursuant to Rule .0138 of this
				  Section; and
(3) the effluent
				  limitations are at least as stringent as for secondary treatment.
Authority
					 G.S.
					 143-215.1(c)(1);
Eff. October 1, 1987;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0140 - CERTIFICATION OF COMPLETION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Notwithstanding Paragraph (c) of this Rule, prior to operation of any treatment
				  works or disposal system permitted in accordance with this Section, the
				  permittee shall provide the signed and sealed certification of a professional
				  engineer that the treatment works or disposal system has been installed in
				  accordance with the Authorization to Construct and the approved plans and
				  specifications.
(b) For facilities
				  with phased construction or where there is a need to operate equipment under
				  actual operating conditions prior to certification, additional certification
				  may be needed as follow-ups to the initial, pre-operation,
				  certification.
(c) In cases where
				  the treatment works or disposal system was designed by a homeowner rather than
				  a professional engineer, either the permittee or a professional engineer must
				  submit this certification.
Authority
					 G.S.
					 143-215.1(c)(1);
Eff. October 1, 1987;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0141 - OPERATIONAL AGREEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior to
				  issuance or reissuance of a permit pursuant to this Section for a wastewater
				  facility as specified in
				  G.S.
				  143-215.1(d1), the applicant
				  must either:
(1) provide evidence to show that
				  the applicant has been designated as a public utility by the State Utilities
				  Commission; or
(2) enter into an
				  operational agreement with the Division of Water Resources.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0142 - REPEALED - USE/WASTEWATER TRTMT WORKS EMGCY MAIN: OPER/REPAIR FUND

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a);
					 143-215.3B(c);
					 143-215.3B(e);
Eff. August 1, 1988;
Repealed Eff. May 1, 2020 (S.L. 2005-454,
					 §8, effective January 1, 2006).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0150 - DEFINITIONS: NPDES MS4 STORMWATER

Current through Register Vol. 39, No. 2, July 15, 2024
Federal definitions for NPDES discharges at
					 40 C.F.R.
					 122.2 and
					 122.26(b) (1 July
					 2015 Edition) are incorporated herein by reference, not including subsequent
					 amendments and editions. These federal regulations may be accessed at no cost
					 at
http://www.gpo.gov/fdsys/
.
					 The definition of any word or phrase used in the NPDES municipal separate storm
					 sewer system (MS4) stormwater program shall be the same as given in Article 21,
					 Chapter 143 of the General Statutes of North Carolina, as amended, and Rule
					 .1002 of this Subchapter. Other words and phrases are defined as
					 follows:
(1) "Division" means the
				  Division of Energy, Mineral, and Land Resources in the Department.
(2) "MS4" means municipal separate storm
				  sewer system.
(3) "Planning
				  jurisdiction" means the territorial jurisdiction within which a municipality
				  exercises the powers authorized by Article 19 of Chapter 160A of the General
				  Statutes, or a county exercises the powers authorized by Article 18 of Chapter
				  153A of the General Statutes.
(4)
				  "Public entity" means the United States, the State, a city, village, township,
				  county, school district, public college or university, single-purpose
				  governmental agency, or any other governing body that is created by federal or
				  State law.
(5) "Regulated entity"
				  means any public entity that must obtain a National Pollutant Discharge
				  Elimination System (NPDES) permit for stormwater management for its municipal
				  separate storm sewer system (MS4).
(6) "Sensitive receiving waters" means any of
				  the following:
(a) waters that are classified
				  as high quality, outstanding resource, shellfish, trout, or nutrient sensitive
				  waters in accordance with
				  15A NCAC
				  02B .0101,
				  15A NCAC
				  02B .0200, and
				  15A NCAC
				  02B .0301;
(b) waters that are occupied by or designated
				  as critical habitat for aquatic animal species that are listed as threatened or
				  endangered by the United States Fish and Wildlife Service or the National
				  Marine Fisheries Service under the provisions of the Endangered Species Act of
				  1973 (Pub. L. No.
				  93-205; 87 Stat. 884;
				  16 U.S.C.
				  1531, et seq.), as amended; or
(c) waters for which the "best usage," as
				  described by the classification system set forth in
				  15A NCAC
				  02B .0101,
				  15A NCAC
				  02B .0200, and
				  15A NCAC
				  02B .0301 have been determined to be impaired
				  in accordance with the requirements of subsection (d) of
				  33 U.S.C.
				  1313, which is incorporated herein by
				  reference, not including subsequent amendments and editions. This federal code
				  may be accessed at no cost at
http://www.gpo.gov/fdsys/
.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0152 - REPEALED - DEVELOPMENT IN URBANIZING AREAS

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);
					 S.L. 2011-220;
Eff. July 3, 2012;
Amended Eff. July 1,
					 2013;
Repealed Eff. January 1,
					 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0153 - NPDES MS4 STORMWATER: PROGRAM IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Permit Standards. To obtain a NPDES
				  permit for stormwater management, an applicant shall develop, implement, and
				  enforce a stormwater management plan approved by the Commission that satisfies
				  the six "minimum control measures" required by
				  40 CFR
				  122.34(b). These federal
				  regulations may be accessed at no cost at
http://www.gpo.gov/fdsys/
. The
				  evaluation of the post-construction stormwater management measures required by
				  40 CFR
				  122.34(b)(5) shall be
				  conducted as provided in Rule .1017 of this Subchapter. Regulated entities may
				  propose using any existing State or local program that relates to the minimum
				  control measures to meet, either in whole or in part, the requirements of the
				  minimum control measures.
(b)
				  Implementation Schedule. The requirements of this Rule shall be implemented as
				  follows:
(1) a regulated entity shall apply
				  within 18 months of notification by the Department that the regulated entity is
				  subject to regulation pursuant to Rules .0151(a) and (b) and Rule .1016 of this
				  Subchapter;
(2) public education
				  and outreach minimum measures shall be implemented within 12 months from date
				  of permit issuance;
(3) a regulated
				  entity shall implement its post-construction program no later than 24 months
				  from the date the permit is issued; and
(4) the Department shall include permit
				  conditions that establish schedules for implementation of each minimum control
				  measure of the regulated entity's stormwater management program based on the
				  submitted application so that the regulated entity implements its permitted
				  program within five years from permit issuance.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0100 - POINT SOURCE DISCHARGES TO THE SURFACE WATERS › Section 02H .0154 - REPEALED - POST-CONSTRUCTION PRACTICES

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 .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0201 - .0206

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-335;
					 143-213;
					 143-215.1;
					 143-215.3(a);
					 143-215.3(a)(I);
					 143-215.3B(b);
Eff. February 1, 1976;
Amended Eff. September 1, 1995; February 1,
					 1993; October 1, 1990; August 1, 1988; November 1, 1987; October 1, 1987;
					 February 1, 1986; January 1, 1984;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0207 - REPEALED - SUBMISSION OF PERMIT APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.1(d);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. February 1,
					 1986.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0208 - .0209

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1(a);
					 143-215.1(b);
					 143-215(1)(d);
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; August 1,
					 1988; October 1, 1987; February 1, 1986;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0210 - REPEALED - NOTIFICATION OF APPLICANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. October 1,
					 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0211 - REPEALED - PERMIT RENEWALS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(e)(l);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1,
					 1990; October 1, 1987; January 1, 1984;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0212 - REPEALED - ADMINISTRATIVE HEARINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.4;
					 143-215.1(e);
Eff. February 1, 1976;
Amended Eff. October 1, 1987;
Repealed Eff. August 1, 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0213 - REPEALED - MODIFICATION AND REVOCATION OF PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.1(b)(2);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; August 1,
					 1988; October 1, 1987; November 1, 1978;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0214 - REPEALED - INVESTIGATIONS: MONITORING AND REPORTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a);
					 143-215.1(b);
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Repealed Eff. October 1, 1987.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0215 - REPEALED - DELEGATION OF AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; October 1,
					 1987; February 1, 1986;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0216 - REPEALED - LIMITATION ON DELEGATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.9(d);
					 143-215.3(a)(4);
Eff. February 1, 1976;
Repealed Eff. February 1,
					 1986.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0217 - REPEALED - PERMITTING BY REGULATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-300;
					 143-215.1(a)(l);
					 143-215.3(a),(d);
Eff. February 1, 1976;
Amended Eff. February 1, 1993; December 1,
					 1984;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0218 - REPEALED - LOCAL PROGRAMS FOR SEWER SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(l);
Eff. February 1, 1986;
Amended Eff. February 1, 1993; October 1,
					 1987;
Repealed Eff. September 1,
					 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0219 - .0221

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1;
					 143-215.1(d)(1);
					 143-215.3(a);
					 143-215.3(a)(1);
					 143-215.3B(c);
					 143-215.3B(e);
Eff. October 1, 1987;
Amended Eff. February 1, 1993; August 1,
					 1988;
RRC Objection Eff. April 18, 1996 due to lack of statutory
					 authority (.0219);
Amended Eff. June 1, 1996;
Repealed
					 Eff. September 1, 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0222 - REPEALED - THE WASTEWATER TREATMENT WORKS EMERGENCY FUND

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a);
					 143-215.3B(c);
					 143-215.3B(e);
Eff. August 1, 1988;
Amended Eff. February 1, 1993;
Repealed Eff. September 1, 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0223 - .0224

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3;
Eff. February 1,
					 1993;
Temporary Amendment Eff. September 13, 1993, for a period of
					 180 days or until the permanent rule becomes effective, whichever is sooner
					 (.0223);
Amended Eff. February 1, 1994;
Repealed Eff.
					 September 1, 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0225 - REPEALED - CONDITIONS FOR ISSUING GENERAL PERMITS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1;
					 143-215.3(a)(l);
					 143-215.10C;
Temporary Adoption Eff. November 8, 1996;
Temporary Adoption Eff.
					 May 8, 1997;
Eff. August 1, 1998;
Repealed Eff.
					 September 1, 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0226 - EXPIRED - INNOVATIVE ANIMAL WASTE OPERATION PERMITS FOR SWINE OPERATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1;
					 143-215.10C; Clean Water
					 Responsibility And Environmentally Sound Policy Act, S.L. 1997 c.
					 458;
Temporary Adoption Eff. August 21, 1998;
Temporary
					 Adoption Expired May 11, 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0200 - WASTE NOT DISCHARGED TO SURFACE WATERS › Section 02H .0227 - REPEALED - SYSTEM-WIDE COLLECTION SYSTEM PERMITTING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.1(a);
					 143-215.3(a),(d);
					 NC Clean Water Act of 1999; S.L. 1999 c. 329;
Temporary Adoption
					 Eff. March 1, 2000;
Eff. April 1, 2001;
Repealed Eff.
					 September 1, 2006.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0300 - SEPTIC TANK SYSTEMS › Section 02H .0301-0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 130A-160;
					 130A-335;
					 143-215.1;
					 143-215.6;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; February 1,
					 1986;
Repealed Eff. April 1,
					 1994.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0400 - COASTAL WASTE TREATMENT DISPOSAL › Section 02H .0401-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-211;
					 143-214.2(c);
					 143-215;
					 143-215.1(a);
					 143-215.1(b)(1);
					 143-215.3(a)(1);
Eff. February 1, 1976;
Amended Eff. November 1, 1986; April 1,
					 1983; September 13, 1981; May 11, 1980;
Repealed Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0400 - COASTAL WASTE TREATMENT DISPOSAL › Section 02H .0408 - REPEALED - DISPOSAL OF STORMWATER

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-214.1;
					 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0400 - COASTAL WASTE TREATMENT DISPOSAL › Section 02H .0409 - REPEALED - TRIAL IMPLEMENTATION PERIOD/COASTAL STORMWATER CONTROLS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
Eff. November 1, 1986;
Repealed Eff. January 1,
					 1988.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0501 - APPLICABILITY AND DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  This Section outlines the application and review procedures for activities that
				  require State water quality certifications (certifications) pursuant to Section
				  401 of the Clean Water Act (33 U.S.C. 1341). Certifications
				  are required for a federally permitted or licensed activity including, but not
				  limited to, the construction or operation of facilities, which may result in a
				  discharge into navigable waters. Failure to obtain a required certification is
				  enforceable by the Department pursuant to Chapter 143, Article 21, Part
				  1.
(b) Water quality certifications
				  may be issued for individual activities (individual certifications) or issued
				  for specific types or groups of activities (general certifications):
(1) Individual certifications shall be issued
				  on a case-by-case basis using the procedures outlined in this
				  Section.
(2) General certifications
				  may be developed by the Division and issued by the Director for specific types
				  or groups of activities that are similar in nature and considered to have
				  minimal impact. All activities that receive a Certificate of Coverage under a
				  general certification from the Division shall be covered under that general
				  certification. When written approval is required in the general certification,
				  the application and review procedures for requesting a Certificate of Coverage
				  under a general certification from the Division for the proposed activity are
				  the same as the procedures outlined in this Section for individual
				  certifications.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0503 - PUBLIC NOTICE AND PUBLIC HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The Division shall provide public notice for proposed General Certifications.
				  This notice shall be sent to all individuals on the mailing list described in
				  Paragraph (g) of this Rule and posted on the Division's website:
https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting-branch/public-notices
.
				  Notice shall be made at least 30 calendar days prior to issuance of the General
				  Certification by the Division. Public notice shall not be required for those
				  activities covered by Certificates of Coverage under a General
				  Certification.
(b) Notice of each
				  pending application for an individual certification shall be sent to all
				  individuals on the mailing list described in Paragraph (g) of this Rule and
				  shall be posted on the Division's website. Notice shall be made at least 30
				  calendar days prior to proposed final action by the Division on the
				  application.
(c) The notice shall
				  set forth:
(1) the name and address of the
				  applicant;
(2) the action requested
				  in the application;
(3) the nature
				  and location of the discharge; and
(4) the proposed date of final action to be
				  taken by the Division on the application.
The notice shall also state where additional information is
					 available online and on file with the Division. Information on file shall be
					 made available upon request between 8:00 am and 5:00 pm, Monday through Friday,
					 excluding State holidays, and copies shall be made available upon payment of
					 the cost thereof to the Division pursuant to
					 G.S.
					 132-6.2.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0504 - REPEALED - HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(c);
					 143B-282(1)(u);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; December 1,
					 1984;
RRC Objection Eff. July 18, 1996 due to lack of statutory
					 authority and ambiguity;
Recodified from
					 15A NCAC
					 02H .0503 Eff. October 1, 1996;
Amended Eff. October 1, 1996;
Repealed Eff. June 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0505 - REPEALED - DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(c);
Eff. February 1, 1976;
Repealed Eff. December 1,
					 1984.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0506 - REVIEW OF APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) NO WRITTEN
				  CONCURRENCE REQUIRED. Applicants shall request a Certificate of Coverage under
				  a general certification by submitting an application to the Division unless
				  that general certification states that written concurrence from the Division is
				  not required. When written concurrence is not required, the activities shall be
				  deemed certified if all of the conditions of the general certification are
				  followed and may proceed without the review procedures outlined in Paragraph
				  (b) of this Rule.
(b) EVALUATION.
				  The Division shall issue an individual certification or a "Certificate of
				  Coverage" under a general certification upon determining that the proposed
				  activity will comply with state water quality standards, which includes
				  designated uses, numeric criteria, narrative criteria and the state's
				  antidegradation policy, as defined in the rules of
				  15A NCAC
				  02B .0200 and the rules of
				  15A NCAC
				  02L .0100 and
				  02L .0200. In assessing whether
				  the proposed activity will comply with water quality standards, the Division
				  shall evaluate if the proposed activity:
(1)
				  has avoided and minimized impacts to surface waters and wetlands to ensure any
				  remaining surface waters or wetlands, and any surface waters or wetlands
				  downstream, continue to support existing uses during and after project
				  completion;
(2) would cause or
				  contribute to a violation of water quality standards;
(3) would result in secondary or cumulative
				  impacts that cause or contribute to, or will cause or contribute to, a
				  violation of water quality standards;
(4) provides for replacement of existing uses
				  through compensatory mitigation as described in Paragraph (c) of this
				  Rule;
(5) for Class SWL wetlands,
				  is water dependent and requires access to water as a central element of its
				  basic function. Projects funded by government agencies may be exempted from
				  this requirement; and
(6) for Class
				  UWL wetlands and wetlands that are habitat for state or federally listed
				  threatened or endangered species, is necessary to meet a demonstrated public
				  need.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0500 - WATER QUALITY CERTIFICATION › Section 02H .0507 - DECISION ON APPLICATION FOR CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director shall issue the
				  certification, deny the application, provide notice of hearing pursuant to Rule
				  .0503 of this Section, or request additional information within 60 calendar
				  days after receipt of an application for certification. When the Director
				  requests additional information, the 60-day review period restarts upon receipt
				  of all of the additional information requested by the Director. Failure to
				  issue the certification, deny the application, provide notice of hearing, or
				  request additional information within 60 calendar days shall result in a waiver
				  of the certification requirement by the Director, unless:
(1) The applicant agrees, in writing, to a
				  longer period;
(2) The final
				  decision is to be made pursuant to a public hearing;
(3) The applicant refuses the staff access to
				  its records or premises for the purpose of gathering information necessary for
				  the Director's decision; or
(4)
				  Information necessary for the Director's decision is unavailable.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0600 - AIR QUALITY PERMITS › Section 02H .0601-0606

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Repeal Eff. March 8, 1994 for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 143-213;
					 143-215.3(a)(1),
					 (4);
					 143-215.108;
					 143-215.109;
					 143-215.114;
Eff.
					 February 1, 1976;
Readopted Eff. June 1, 1981;
Amended
					 Eff. December 1, 1993; December 1, 1992; October 1, 1991; August 1,
					 1991;
Repealed Eff. July 1, 1994.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0600 - AIR QUALITY PERMITS › Section 02H .0607 - REPEALED - COPIES OF REFERENCED DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Repeal Eff. March 8, 1994 for a period of 180 days or until the
permanent rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 150B-21.6;
Eff. December 1,
					 1976;
Amended Eff. December 1, 1992; June 1, 1980; December 15,
					 1978; November 1, 1978;
Readopted with Change Eff. June 1,
					 1981;
Amended Eff. August 1, 1991; July 1, 1988; July 1, 1987; July
					 1, 1984;
Repealed Eff. July 1,
					 1994.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0600 - AIR QUALITY PERMITS › Section 02H .0608 - REPEALED - PERMITS FOR SOURCES IMPACTING NONATTAINMENT AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. June 1, 1980;
Repealed
					 Eff. June 1, 1981.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0600 - AIR QUALITY PERMITS › Section 02H .0609 - REPEALED - PERMIT FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1),(1a),(1b);
Eff. August 1, 1988;
Amended Eff. December 1, 1992;
Repealed Eff. January 1, 1995.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0600 - AIR QUALITY PERMITS › Section 02H .0610 - REPEALED - PERMIT REQUIREMENTS FOR TOXIC AIR POLLUTANTS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.108;
					 143B-282; S.L. 1989, c. 168, s.
					 45;
Eff. May 1, 1990;
Amended Eff. July 1, 1996;
					 October 1, 1993; December 1, 1992; September 1, 1992; March 1,
					 1992;
Temporary Amendment Eff. July 20, 1997;
Temporary
					 Amendment Expired April 11, 1998;
Repealed Eff. April 1,
					 1999.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0700 - DAM SAFETY APPROVALS › Section 02H .0701-0708

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(4);
					 143-215.26 through
					 143-215.30;
143-215.34;
Eff. February 1, 1976;
Amended Eff.
					 November 1, 1978; September 10, 1976;
Repealed Eff. June 15,
					 1980.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0800 - LABORATORY CERTIFICATION › Section 02H .0801-.0802 - REPEALED - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; July 1, 1988;
					 December 1, 1984; November 1, 1978;
Temporary Amendment Eff.
					 October 1, 2001;
Amended Eff. August 1, 2002;
Repealed
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0800 - LABORATORY CERTIFICATION › Section 02H .0807 - DECERTIFICATION AND CIVIL PENALTIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Laboratory Decertification. The following infractions may result in a
				  laboratory being decertified pursuant to Paragraph (d) of this Rule for any or
				  all Parameters for up to one year:
(1) Failing
				  to maintain the facilities, records, personnel, equipment, or a quality control
				  program as set forth in these Rules;
(2) Submitting inaccurate data or other
				  information subject to these Rules;
(3) Failing to pay required fees by the date
				  due;
(4) Failing to discontinue
				  supplying data to clients or programs that require monitoring under G.S. 143,
				  Article 21 during periods when a Decertification is in effect;
(5) Failing to submit a Split Sample to the
				  State Laboratory as requested;
(6)
				  Failing to use approved methods of analysis;
(7) Failing to report a change of laboratory
				  supervisor within 30 calendar days;
(8) Failing to report an analysis of required
				  annual Proficiency Testing Samples submitted by a State Laboratory-approved
				  Vendor within the specified time limit;
(9) Failing to allow an inspection by an
				  authorized representative of the State Laboratory;
(10) Failing to supply all records and
				  analytical data requested by the State Laboratory;
(11) Failing to submit a written notification
				  within 30 days of applicable changes pursuant to Rule .0805(a)(6), (a)(7), and
				  (g)(19) of this Section;
(12)
				  Failing to meet requirements for sample holding times and
				  preservation;
(13) Failing to
				  respond to requests for information by the date due;
(14) Failing to comply with any other terms,
				  conditions, or requirements of this Section or of laboratory
				  Certification;
(15) Altering or
				  modifying the laboratory's certificate or Certified Parameters
				  Listing;
(16) Sharing or comparing
				  Proficiency Testing Sample results with other laboratories prior to the study
				  reporting deadline;
(17) Splitting,
				  sending, or subcontracting a Proficiency Testing Sample or a portion of a
				  Proficiency Testing Sample to another laboratory unless the practice represents
				  the routine analysis and reporting scheme utilized by the
				  laboratories;
(18) Knowingly
				  receiving and analyzing any Proficiency Testing Sample or portion of a
				  Proficiency Testing Sample from another laboratory for which the results of the
				  Proficiency Testing Sample are intended for use by that laboratory for initial
				  or continued Certification;
(19)
				  Obtaining or attempting to obtain the assigned value of any Proficiency Testing
				  Sample used to satisfy initial or continued Certification requirements prior to
				  the closing date of the study; and
(20) Failing to correct findings in an
				  inspection report.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0800 - LABORATORY CERTIFICATION › Section 02H .0808 - RECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A laboratory
				  decertified in accordance with Rule .0807(a) of this Section shall be
				  recertified at the end of the Decertification period imposed by the Division
				  pursuant to Rule .0807(a) and (d) of this Section by showing that it has
				  corrected the deficiencies for which it was decertified.
(b) A laboratory decertified for a Parameter
				  Method due to two consecutive Unacceptable Proficiency Testing Results or on
				  two consecutive Split Samples shall be recertified at the end of the 30-day
				  period by completing all of the following:
(1)
				  Report acceptable results on two consecutive Proficiency Testing Samples
				  submitted by a State Laboratory-approved Vendor or report acceptable results on
				  two consecutive Split Samples to the State Laboratory. Recertification samples
				  may be requested from a State Laboratory-approved Vendor at any time within two
				  years from the decertification effective date;
(2) Submit a written request for
				  Recertification;
(3) Supply the
				  State Laboratory with a description of corrective actions that includes the
				  Root Cause of the failure and the corrective action taken to prevent
				  recurrence;
(4) Pay the required
				  fee as specified in Rule .0806(f) or (g) of this Section; and
(5) Meet all the Decertification requirements
				  in accordance with Rule .0807(e) of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0800 - LABORATORY CERTIFICATION › Section 02H .0809 - RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Laboratories
				  certified under certification programs of other states or other certification
				  or accreditation bodies shall be given reciprocal Certification if such
				  programs or certification or accreditation bodies meet the requirements of this
				  Section. In requesting reciprocity Certification, laboratories shall include
				  with the application required by Rule .0805(a) of this Section a copy of their
				  certification, a copy of the last audit report from the certifying body, the
				  laboratory's response to the audit report, the laboratory's scope of
				  accreditation, and applicable regulations from the certifying agency.
(b) Laboratories certified by reciprocity
				  shall pay the applicable fees required by Rule .0806 of this Section.
(c) If a laboratory's certification by
				  another state's program or another certification or accreditation body is
				  discontinued, the State Laboratory shall be notified and Certification under
				  this Section shall be terminated at the same time.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
Eff. February 1, 1976;
Amended Eff. November 2, 1992; 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 .0800 - LABORATORY CERTIFICATION › Section 02H .0810 - REPEALED - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
					 150B-23;
Eff.
					 February 1, 1976;
Amended Eff. November 2, 1992; July 1, 1988;
					 December 1, 1984; November 1, 1978;
Temporary Amendment Eff.
					 October 1, 2001;
Amended Eff. August 1, 2002;
Repealed
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .0800 - LABORATORY CERTIFICATION › Section 02H .0811 - REPEALED - IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
Eff. December 1, 1984;
Repealed Eff. July 1,
					 1988.