reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1044 - FAST TRACK PERMITTING PROCESS: FINAL PERMIT

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the Fast-Track
					 Stormwater permitting process from the approval of the Authorization to
					 Construct Permit to the approval of the Final Fast-Track Permit.
(1) CONSTRUCTION REQUIREMENTS. Technical
				  design documents shall be available upon request by the Division.
(2) PROJECT COMPLETION. Approval of the
				  as-built stormwater plans shall be required before the Erosion and
				  Sedimentation Control Plan for the project may be closed out.
(3) AS-BUILT PACKAGE SUBMITTAL. The applicant
				  shall submit a permit application fee in accordance with
				  G.S.
				  143-215.3D and an as-built package within 45
				  days of completion of the project. Signed and sealed documents shall be signed
				  and sealed in accordance with Rule .1043(2) of this Section. The as-built
				  package shall include the following:
(a) an
				  As-Built Certification Form signed and sealed by the licensed professional of
				  record and signed by the applicant. The As-Built Certification Form may be
				  obtained on the Division's website at
http://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-program
and shall include the following information:
(i) current project name and previous project
				  name, if applicable;
(ii)
				  information about the physical location of project;
(iii) stormwater project number, if
				  assigned;
(iv) density of the
				  entire project and each drainage area;
(v) information about applicability of other
				  State and federal environmental permits to the project including CAMA Major
				  Development Permits, NPDES, Sedimentation and Erosion Control Plan, and Section
				  401 of the Clean Water Act (33 U.S.C. 1341) permits;
(vi) description of SCMs that were used on
				  the project;
(vii) applicant name,
				  address, and contact information; and
(viii) owner name, address, and contact
				  information.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1045 - REQUIREMENTS FOR PERMIT TRANSFERS AND PERMIT RENEWALS

Current through Register Vol. 39, No. 2, July 15, 2024
This Rule contains the requirements for the transfer and
					 renewal of State stormwater management permits that have been issued by the
					 Division, including those issued under the standard and fast-track permitting
					 processes.
(1) CONDITIONS UNDER WHICH
				  A PERMIT SHALL BE TRANSFERRED. Permit transfer applications shall be accepted
				  by the Division under the following scenarios:
(a) upon the request of the current and
				  proposed permittees;
(b) upon the
				  request of a permitted declarant of a condominium or planned community to the
				  unit owners association, owners association, or other management entity
				  identified in the condominium or planned community's declaration in accordance
				  with G.S.
				  143-214.7(c2); or
(c) upon the request for a transfer without
				  the consent of the permit holder to a successor-owner of the property on which
				  the permitted activity is occurring or will occur as provided in
				  G.S.
				  143-214.7(c5).
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1050 - MDC FOR ALL STORMWATER CONTROL MEASURES

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for all Stormwater Control Measures (SCMs) that are constructed to
					 meet the requirements of this Section. These Minimum Design Criteria (MDC) are
					 required for every SCM. SCMs shall adhere to the MDC associated with the
					 specific type of SCM being implemented.
(1) SIZING. The design volume of SCMs shall
				  take into account the runoff at build out from all surfaces draining to the
				  system. Drainage from off-site areas may be bypassed. The combined design
				  volume of all SCMs on the project shall be sufficient to handle the required
				  storm depth.
(2) CONTAMINATED
				  SOILS. SCMs that allow stormwater to infiltrate shall not be located on or in
				  areas with contaminated soils.
(3)
				  SIDE SLOPES. Side slopes of SCMs stabilized with vegetated cover shall be no
				  steeper than 3:1 (horizontal to vertical). Retaining walls, gabion walls, and
				  other engineered surfaces may be steeper than 3:1. Steeper vegetated slopes may
				  be accepted on a case-by-case basis if the applicant demonstrates that the
				  soils and vegetation shall remain stable.
(4) EROSION PROTECTION. The inlets of SCMs
				  shall be designed to protect the SCM from erosion resulting from stormwater
				  discharges. The outlets of SCMs shall be designed so that they do not cause
				  erosion downslope of the discharge point during the peak flow from the 10-year
				  storm event as shown by engineering calculations.
(5) EXCESS FLOWS. SCMs shall include an
				  overflow or bypass device for inflow volumes in excess of the treatment volume,
				  or, if applicable, the peak attenuation volume.
(6) DEWATERING. SCMs shall have a method to
				  draw down any standing water to facilitate maintenance and
				  inspection.
(7) CLEAN OUT AFTER
				  CONSTRUCTION. Every SCM impacted by sedimentation and erosion control during
				  the construction phase shall be cleaned out and converted to its approved
				  design state.
(8) MAINTENANCE
				  ACCESS. Every SCM installed pursuant to this Section shall be made accessible
				  for maintenance and repair. Maintenance accesses shall:
(a) have a minimum width of ten
				  feet;
(b) not include lateral or
				  incline slopes that exceed 3:1 (horizontal to vertical); and
(c) extend to the nearest public
				  right-of-way.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1051 - MDC FOR INFILTRATION SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for infiltration systems that are constructed to meet the
					 requirements of this Section.
(1) SOIL
				  INVESTIGATION. A site-specific soil investigation shall be performed to
				  establish the hydraulic properties and characteristics of the soil within the
				  proposed footprint and at the proposed elevation of the infiltration
				  system.
(2) SEPARATION FROM THE
				  SHWT. The lowest point of the infiltration system shall be a minimum of two
				  feet above the SHWT. However, the separation may be reduced to no less than one
				  foot if the applicant provides a hydrogeologic evaluation that demonstrates
				  that the water table will subside to its pre-storm elevation within five days
				  or less.
(3) SOIL SUBGRADE SURFACE.
				  The surface of the soil subgrade shall have a slope of less than or equal to
				  two percent. Terraces and baffles may be installed to achieve a level
				  subgrade.
(4) PRETREATMENT.
				  Pretreatment devices shall be provided to prevent clogging. Pretreatment
				  devices may include measures such as sumps in catch basins, gravel verges,
				  screens on roof and patio drains, filters, filter strips, grassed swales, and
				  forebays. Rooftop runoff that is discharged to the surface of an infiltration
				  system shall not require pretreatment.
(5) DRAW DOWN TIME. Infiltration systems
				  shall be designed to dewater the design volume to the bottom of the
				  infiltration device within 72 hours or less. In-situ soils may be removed and
				  replaced with infiltration media or infiltration media may be placed on top of
				  in-situ soils if the applicant provides a soils report that demonstrates that
				  the modified soil profile allows for infiltration of the design volume within
				  72 hours or less.
(6) OBSERVATION
				  PORT. For infiltration devices located under the ground surface, a minimum of
				  one inspection port shall be provided.
Authority
					 G.S.
					 143-214.7B;
					 143-215.1;
					 143-215.3(a);
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 .1052 - MDC FOR BIORETENTION CELLS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for bioretention cells that are constructed to meet the
					 requirements of this Section.
(1)
				  SEPARATION FROM THE SHWT. The lowest point of the bioretention cell shall be a
				  minimum of two feet above the SHWT. However, the separation may be reduced to
				  no less than one foot if the applicant provides a hydrogeologic
				  evaluation.
(2) MAXIMUM PONDING
				  DEPTH FOR DESIGN VOLUME. The maximum ponding depth for the design volume shall
				  be 12 inches above the planting surface.
(3) PEAK ATTENUATION VOLUME. Bioretention
				  cells may store peak attenuation volume at a depth of up to 24 inches above the
				  planting surface. The peak attenuation outlet shall be a maximum of 18 inches
				  above the planting surface.
(4)
				  UNDERDRAIN. An underdrain with internal water storage shall be installed unless
				  a soils report is provided showing that the in-situ soil infiltration rate is
				  two inches per hour or greater prior to the initial placement of the media. The
				  top of the internal water storage zone shall be set at a minimum of 18 inches
				  below the planting surface.
(5)
				  MEDIA DEPTH. The minimum depth of the media depends on the design of the cell
				  as follows:
(a) all cells with trees and
				  shrubs: 36 inches;
(b) cells
				  without trees and shrubs:
(i) with no internal
				  water storage: 24 inches; or
(iii)
				  with internal water storage: 30 inches.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1053 - MDC FOR WET PONDS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for wet ponds that are constructed to meet the requirements of
					 this Section.
(1) MAIN POOL SURFACE
				  AREA AND VOLUME. The main pool of the wet pond shall be sized using either:
(a) the Hydraulic Retention Time (HRT)
				  Method; or
(b) the SA/DA and
				  Average Depth Method.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1055 - MDC FOR PERMEABLE PAVEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for permeable pavement systems that are constructed to meet the
					 requirements of this Section.
(1) SOIL
				  INVESTIGATION. For infiltrating pavement systems, site-specific soil
				  investigation shall be performed to establish the hydraulic properties and
				  characteristics within the proposed footprint and at the proposed elevation of
				  the permeable pavement system.
(2)
				  SHWT REQUIREMENTS. The minimum separation between the lowest point of the
				  subgrade surface and the SHWT shall be:
(a)
				  two feet for infiltrating pavement systems; however, the separation may be
				  reduced to a minimum of one foot if the applicant provides a soils report that
				  demonstrates that the modified soil profile allows for infiltration of the
				  design volume within 72 hours; and
(b) one foot for detention pavement
				  systems.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1056 - MDC FOR SAND FILTERS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements sand filters that are constructed to meet the requirements of a
					 State post-construction stormwater program.
(1) SHWT SEPARATION. The minimum separation
				  between the lowest point of the sand filter system and the SHWT shall be:
(a) two feet for open-bottom designs;
				  and
(b) one foot for closed bottom
				  designs. Exceptions to the one foot SHWT separation may be made if the
				  applicant provides documentation that the design will neither float nor drain
				  the water table.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1057 - MDC FOR RAINWATER HARVESTING

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for rainwater harvesting systems that are constructed to meet the
					 requirements of this Section.
(1)
				  MAJOR COMPONENTS OF A RAINWATER HARVESTING SYSTEM. Rainwater harvesting systems
				  shall include the following components:
(a) a
				  collection system;
(b) a
				  pre-treatment device to minimize gross and coarse solids collection in the
				  tank;
(c) a cistern or other
				  storage device;
(d) an overflow;
				  and
(e) a distribution
				  system.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1058 - MDC FOR GREEN ROOFS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for green roofs that are constructed to meet the requirements of
					 this Section.
(1) MEDIA SPECIFICATION.
				  The maximum organic fraction of the media shall be 10 percent by
				  volume.
(2) DESIGN VOLUME. The
				  design volume for a green roof shall equal the media depth times the plant
				  available water (PAW). The maximum rainfall depth that may be treated by a
				  green roof shall be 1.5 inches.
(3)
				  MINIMUM MEDIA DEPTH. The minimum media depth shall be four inches if the roof
				  will not be irrigated or three inches if the roof will be irrigated. For roofs
				  with three-inch media depths, an irrigation plan shall be included in the
				  Operation and Maintenance Plan.
(4)
				  VEGETATION SPECIFICATION. The planting plan shall be designed to achieve a 75
				  percent vegetative cover within two years.
(5) SLOPE. The green roof shall have a slope
				  (or pitch) of no greater than eight percent.
Authority
					 G.S.
					 143-214.7B;
					 143-215.1;
					 143-215.3(a);
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 .1059 - MDC FOR LEVEL SPREADER-FILTER STRIPS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for level spreader-filter strips that are constructed to meet the
					 requirements of this Section.
(1)
				  LEVEL SPREADER LENGTH. The level spreader shall be a minimum of 10 feet in
				  length per one cubic foot per second of stormwater flow that is directed to
				  it.
(2) REQUIRED STORM INTENSITY
				  AND BYPASS. The required storm intensity and bypass system shall be based on
				  the source of the stormwater:
(a) a level
				  spreader that receives flow directly from the drainage area shall be sized
				  based on the flow rate during the 0.75 inch per hour storm, with a flow bypass
				  system for larger storm events; or
(b) a level spreader that receives flow from
				  an SCM shall be sized based on the draw down rate of the design volume, with a
				  flow bypass for larger storm events.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1060 - MDC FOR DISCONNECTED IMPERVIOUS SURFACES

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for disconnected impervious surfaces that are constructed to meet
					 the requirements of this Section.
(1)
				  VEGETATED RECEIVING AREA FOR DISCONNECTED ROOFS. The following requirements
				  shall apply to vegetated receiving areas for disconnected roofs:
(a) a maximum of 500 square feet of roof
				  shall drain to each disconnected downspout;
(b) the receiving vegetated area shall be a
				  rectangular shape. The length of the rectangle in the direction of flow shall
				  be a minimum of 0.04 times the area of the roof that drains to it. The width of
				  the rectangle shall be one-half the length of the rectangle.
(c) the downspout shall discharge in the
				  center of upslope end of the vegetated receiving area;
(d) the downspout shall be equipped with a
				  splash pad; and
(e) the vegetated
				  receiving area shall not include any built-upon area.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1061 - MDC FOR TREATMENT SWALES

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for treatment swales that are constructed to meet the requirements
					 of this Section. Vegetated conveyances that are designed to convey stormwater
					 from a project but are not intended to remove pollutants shall not be subject
					 to this Rule, but instead shall meet the requirements of Rule .1003(2)(c) of
					 this Section.
(1) SHWT. Swales shall
				  not be excavated below the SHWT.
(2) SHAPE. Swales shall be trapezoidal in
				  cross-section with a maximum bottom width of six feet. Side slopes stabilized
				  with vegetative cover shall be no steeper than 3:1 (horizontal to vertical).
				  Steeper vegetated slopes may be accepted on a case-by-case basis provided that
				  the applicant demonstrates that the soils and vegetation will remain stable in
				  perpetuity based on engineering calculations.
(3) SWALE SLOPE AND LENGTH. The longitudinal
				  swale slope shall not exceed seven percent. The swale slope and length shall be
				  designed to achieve a flow depth of six inches or less during the 0.75 inch per
				  hour storm and a minimum hydraulic retention time of four minutes.
(4) GRASS SPECIFICATION. The grass species in
				  the swale shall be:
(a) non-clumping and
				  deep-rooted;
(b) able to withstand
				  a velocity of four feet per second;
(c) managed at an average of six inches;
				  and
(d) not be cut lower than four
				  inches.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1000 - STORMWATER MANAGEMENT › Section 02H .1062 - MDC FOR DRY PONDS

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Rule is to set forth the design
					 requirements for dry ponds that are constructed to meet the requirements of
					 this Section.
(1) SEPARATION FROM THE
				  SHWT. The lowest point of the dry pond shall be a minimum of six inches above
				  the SHWT.
(2) TEMPORARY POOL DEPTH.
				  The maximum depth of the temporary pool shall be 10 feet.
(3) UNIFORM GRADING AND POSITIVE DRAINAGE.
				  The bottom of the dry pond shall be graded uniformly to flow toward the outlet
				  structure without low or high spots other than an optional low flow
				  channel.
(4) LOCATION OF INLET(S)
				  AND OUTLET. The inlet(s) and outlet shall be located in a manner that avoids
				  short circuiting.
(5) PRETREATMENT.
				  Pretreatment devices shall be provided to settle sediment and prevent erosion.
				  Pretreatment devices may include measures such as gravel verges, filter strips,
				  grassed swales, and forebays.
(6)
				  DRAWDOWN TIME. The design volume shall draw down between two and five
				  days.
(7) PROTECTION OF THE
				  RECEIVING STREAM. The dry pond shall discharge the runoff from the one-year,
				  24-hour storm in a manner that minimizes hydrologic impacts to the receiving
				  channel.
(8) OUTLET. The dry pond
				  shall include a small permanent pool near the outlet orifice to reduce clogging
				  and keep floating debris away from the orifice. A screen or other device shall
				  be provided to prevent large debris from entering the outlet system.
(9) VEGETATION. The dam structure, including
				  the front and back embankment slopes, shall be planted with non-clumping turf
				  grass, and trees and woody shrubs shall not be allowed.
Authority
					 G.S.
					 143-214.7B;
					 143-215.1;
					 143-215.3(a);
Eff. January 1, 2017.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
These Rules set forth the requirements for certification of
					 commercial, industrial, and public laboratories to perform biological toxicity
					 testing and aquatic population surveys of water and wastewater as required by
					 G.S.
					 143-215.3(a) and
					 15A NCAC
					 02B .0200 and
					 02B .0500. These Rules establish
					 an EPA-designated program for the State to implement the Clean Water Act, as
					 set forth in 33 U.S.C.
					 1318 and
					 1319.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
					 143-215(c);
					 143-215.66;
Eff.
					 October 1, 1988;
Amended Eff. March 1, 1993;
Readopted
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1102 - REPEALED - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
					 143-215.66;
Eff.
					 October 1, 1988;
Repealed Eff. July 1,
					 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1104 - FEES ASSOCIATED WITH CERTIFICATION PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Certification Fees:
(1) The first category, as
				  set forth in Rule .1105 of this Section, shall be certified at a cost of five
				  hundred dollars ($500.00) per year. Additional categories, shall be certified
				  at a cost of four hundred dollars ($400.00) per year per category. The addition
				  of parameters not included in the original certification shall be certified at
				  a cost of one hundred dollars ($100.00) per year per parameter.
(2) Certification fees are due upon
				  application and no later than 45 days prior to the requested certification
				  date.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1105 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Commercial,
				  public, and industrial laboratories shall obtain certification from the
				  Division for biological parameters that are required to be reported pursuant to
				  G.S. 143, Article 21, Part 1.
(b)
				  For the purposes of certification and setting fees, parameters shall be grouped
				  in the following categories:
(1) Acute
				  Toxicity Testing/Invertebrate;
(2)
				  Acute Toxicity Testing/Vertebrate;
(3) Chronic Toxicity
				  Testing/Invertebrate;
(4) Chronic
				  Toxicity Testing/Vertebrate;
(5)
				  Algal and Aquatic Plant Toxicity Testing; and
(6) Aquatic Population Survey and
				  Analysis.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1106 - DECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director or
				  the Director's designee may revoke the entire laboratory certification for:
(1) failing to maintain the facilities,
				  records, personnel, equipment, or a quality assurance program as required by
				  these Rules;
(2) submitting
				  inaccurate or falsified data reports or other information; or
(3) failing to pay required fees by the date
				  due.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1107 - RECERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A laboratory
				  decertified for any reason other than the submittal of falsified data reports
				  or other information shall be recertified after 30 days upon demonstrating to
				  the State Laboratory that all deficiencies have been corrected.
(b) In the case of a laboratory decertified
				  for submitting falsified data reports or other information, recertification
				  shall not occur prior to 12 months after the decertification and then only at
				  such time as the laboratory has demonstrated to the Director, or their
				  delegate, that the standards for initial certification have been met.
(c) If a laboratory that was decertified due
				  to either failure of proficiency testing samples or split samples seeks
				  recertification, the laboratory shall submit a written request to the State
				  Laboratory requesting evaluations for the category pursuant to Rule .1106(b) of
				  this Section for which the laboratory was decertified. Two consecutive samples
				  shall have acceptable results as set forth in Rule .1106 of this Section to
				  achieve recertification. The first of these samples for recertification shall
				  be submitted or arranged by the Division no later than 30 days after receipt of
				  the written request. The second shall be submitted or arranged no later than 30
				  days after the first.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
					 143-215.66;
Eff.
					 October 1, 1988;
Amended Eff. March 1, 1993;
Readopted
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1108 - RECIPROCITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Laboratories
				  certified by other states or federal programs shall be given reciprocal
				  certification if the programs meet the requirements of these Rules. In
				  requesting certification through reciprocity, laboratories shall include with
				  the application a copy of their certification and the rules of the original
				  certifying agency.
(b) Laboratories
				  certified pursuant to this Rule shall pay all applicable fees set forth in Rule
				  .1104 of this Section.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215.3(a)(10);
					 143-215.66;
Eff.
					 October 1, 1988;
Amended Eff. March 1, 1993;
Readopted
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1109 - ADMINISTRATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Appeals. If the
				  Director or the Director's delegate denies certification, or decertifies a
				  laboratory, the laboratory may appeal pursuant to G.S. 150B, Article
				  3.
(b) The State Laboratory shall
				  maintain a current list of certified commercial, industrial, or public
				  laboratories.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143-215(a)(4);
					 143-215.3(a)(10);
					 143-215.66;
Eff.
					 October 1, 1988;
Amended Eff. March 1, 1993;
Readopted
					 Eff. July 1, 2019.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1110 - IMPLEMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each laboratory
				  requesting State certification, certification renewal, or recertification shall
				  apply to the Division. Each application shall be reviewed to determine if
				  personnel, equipment, records, quality control procedures, and methodology meet
				  the requirements pursuant to 40 CFR 136.3 and these Rules.
				  After receiving a completed application and prior to issuing certification, a
				  representative of the Division shall inspect each laboratory to verify the
				  information in the application and if the laboratory meets requirements
				  pursuant to these Rules.
(b)
				  Analytical methods, sample preservation, sample containers, and sample holding
				  times shall conform to the methodologies specified in:
(1) 40 CFR Part 136, hereby incorporated by
				  reference and including subsequent amendments and editions. Copies of the Code
				  of Federal Regulations, 40 CFR Part 136, may be obtained from the
				  Superintendent of Documents, U.S. Government Printing Office (GPO),
				  Superintendent of Public Documents, Washington, D.C. 20402 and free of charge
				  on the Internet at
http://www.ecfr.gov
; and
(2) Rule .1111 of this Section.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1100 - BIOLOGICAL LABORATORY CERTIFICATION › Section 02H .1111 - BIOLOGICAL LABORATORY CERTIFICATION AND QUALITY ASSURANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Aquatic Toxicology Laboratories shall
				  have the following laboratory resources:
(1)
				  200 square feet of laboratory space;
(2) 20 linear feet of laboratory bench
				  space;
(3) one drained sink with
				  hot and cold running water;
(4)
				  control of culture environment including lighting, cooling, and heating to
				  maintain organism as set forth in the approved procedures and these
				  Rules;
(5) one refrigerator that
				  will maintain sample temperatures between 0.0 degrees Celsius and 6.0 degrees
				  Celsius;
(6) current copies of the
				  approved procedures for which the laboratory is requesting
				  certification;
(7) glassware,
				  chemicals, supplies, and equipment to perform any procedures included in the
				  requested certification;
(8)
				  instrumentation capable of measuring dissolved oxygen, pH, temperature,
				  conductivity, and salinity (for saltwater tests) directly from test vessels of
				  any procedure included in certification application. Equivalent surrogate
				  vessels may be utilized for physical measurements if injury to test organisms
				  may result;
(9) instrumentation or
				  analytical capabilities to perform measurements of total residual chlorine to a
				  level at least as low as 0.1 mg/l and total hardness to a level at least as low
				  as 1 mg/l;
(10) a dissecting
				  microscope and a compound microscope for those laboratories requesting or
				  maintaining either of the categories of Acute Toxicity Testing/Invertebrate or
				  Chronic Toxicity Testing/Invertebrate. The compound microscope shall have a
				  minimum magnification of 400x and a maximum magnification of greater than or
				  equal to 1,000x;
(11) a balance
				  capable of weighting 0.0001g and Class "S" or equivalent reference weights. A
				  balance capable of weighing fish larvae to 0.00001g for those laboratories
				  requesting or maintaining certification for the category Chronic Toxicity
				  Testing/Vertebrate;
(12)
				  Cladocerans shall be cultured in-house. All other organisms may be purchased
				  from a supplier;
(13) dilution
				  water for use in whole effluent toxicity testing with chemical characteristics
				  such that the pH is between 6.5 S.U. and 8.5 S.U. and total hardness as calcium
				  carbonate is between 30 ppm and 50 ppm for surface water and 80 ppm and 100 ppm
				  for synthetic lab water. If receiving waters have characteristics outside of
				  these stated pH and hardness ranges, then alternate pH and hardness ranges
				  shall be accepted upon demonstration to the State Laboratory that the alternate
				  ranges are better suited to testing objectives, and that quality assurance
				  standards have been met; and
(14)
				  chain-of-custody documentation.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1200 - SPECIAL ORDERS › Section 02H .1201 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to implement the provisions
					 of G.S.
					 143-215.2 pertaining to the issuance of
					 surface water and ground water Special Orders by the Environmental Management
					 Commission.
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
Eff. October 1, 1990;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1200 - SPECIAL ORDERS › Section 02H .1202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms used in this Section shall be as defined in
					 G.S.
					 143-212 and
					 G.S.
					 143-213. Other terms used in this Section are
					 defined as follows:
(1) " Consent
				  Order" or "Special Order by Consent" means a type of Special Order where the
				  Commission enters into an agreement with the person responsible for water
				  pollution to achieve some stipulated actions designed to reduce, eliminate, or
				  prevent water quality degradation.
(2) "Director" means the Director of the
				  Division of Water Resources.
(3)
				  "Special Order" means a directive of the Commission to any person whom it finds
				  responsible for causing or contributing to any pollution of the waters of the
				  State. The term includes all orders or instruments issued by the Commission
				  pursuant to
				  G.S.
				  143-215.2.
Authority
					 G.S.
					 143-212;
					 143-213;
					 143-215.2;
					 143-215.3(a)(1);
Eff. October 1, 1990;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1200 - SPECIAL ORDERS › Section 02H .1203 - PUBLIC NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director
				  shall provide notice of a proposed Consent Order in accordance with
				  G.S.
				  143-215.2(a1)(1). The notice
				  shall include the following information:
(1)
				  name, address, and phone number of the agency issuing the public
				  notice;
(2) name and address of the
				  person to whom the order is directed;
(3) a summary of the proposed conditions of
				  the agreement, including a disclosure of the final compliance date and the
				  permit conditions that the permittee will be allowed to exceed;
(4) notice that a public meeting may be
				  requested in accordance with
				  G.S.
				  143-215.2(a1)(2);
				  and
(5) a description of the
				  information available for public review, where it can be found, and procedures
				  for obtaining copies of documents.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1200 - SPECIAL ORDERS › Section 02H .1204 - FINAL ACTION ON SPECIAL ORDERS BY CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Director shall take final action in accordance with
					 G.S.
					 143-215.2(a1)(4) on Special
					 Orders by Consent in those cases where a public meeting is not held as provided
					 in G.S.
					 143-215.2(a1)(2).
Authority
					 G.S.
					 143-215.2;
					 143-215.3(a)(1);
					 143-215.3(a)(4);
Eff. October 1, 1990;
Readopted Eff. May 1,
					 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1200 - SPECIAL ORDERS › Section 02H .1205 - ACTION ON SPECIAL ORDERS ISSUED WITHOUT CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
The Commission may issue a proposed Special Order without
					 the consent of the person affected. The Commission shall notify the affected
					 person of the procedure set out in
					 G.S.
					 150B-23 to contest the proposed Special
					 Order.
Authority
					 G.S.
					 143-215.2(b);
					 143-215.3(a)(1);
Eff. October 1, 1990;
Amended Eff. August 3, 1992;
Readopted Eff. May 1, 2020.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter H - PROCEDURES FOR PERMITS: APPROVALS › Section .1300 - DISCHARGES TO ISOLATED WETLANDS AND ISOLATED WATERS › Section 02H .1303 - 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 permits. 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
				  permit by the Division. Public notice shall not be required for those
				  activities covered by Certificates of Coverage under a general
				  permit.
(b) Notice of each pending
				  application for an individual permit shall be sent be 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 .1300 - DISCHARGES TO ISOLATED WETLANDS AND ISOLATED WATERS › Section 02H .1304 - DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director shall issue the permit or
				  Certificate of Coverage, deny the application, provide notice of hearing
				  pursuant to Rule .1303 of this Section, or request additional information
				  within 60 calendar days after receipt of the application. 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 permit or Certificate of Coverage, deny the application, provide
				  notice of hearing, or request additional information within 60 calendar days
				  shall result in the waiver of the permit 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 to
				  the Director's decision; or
(4)
				  Information necessary to 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 .1400 - DISCHARGES TO FEDERALLY NON-JURISDICTIONAL WETLANDS AND FEDERALLY NON-JURISDICTIONAL CLASSIFIED SURFACE WATERS › Section 02H .1403 - 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 permits. 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
				  permit by the Division. Public notice shall not be required for those
				  activities covered by Certificates of Coverage under a general
				  permit.
(b) Notice of each pending
				  application for an individual permit shall be sent be 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 for each pending application
				  for an individual permits 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 .1400 - DISCHARGES TO FEDERALLY NON-JURISDICTIONAL WETLANDS AND FEDERALLY NON-JURISDICTIONAL CLASSIFIED SURFACE WATERS › Section 02H .1404 - DECISION ON APPLICATION FOR PERMITS OR CERTIFICATES OF COVERAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Director shall issue the permit or
				  Certificate of Coverage, deny the application, provide notice of hearing
				  pursuant to Rule .1403 of this Section, or request additional information
				  within 60 calendar days after receipt of the application. 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 permit or Certificate of Coverage, deny the application, provide
				  notice of hearing, or request additional information within 60 calendar days
				  shall result in the waiver of the permit 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 to
				  the Director's decision; or
(4)
				  Information necessary to the Director's decision is unavailable.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0101 - PURPOSE OF THIS SUBCHAPTER

Current through Register Vol. 39, No. 2, July 15, 2024
In instances where Rules related to hearings conducted by a
					 Division are not codified, these Rules authorize the designation of employees
					 of the Department as hearing officers, set out the types of hearings which the
					 designated employees are authorized to conduct, and delineate and reference the
					 rules of procedure for conducting rulemaking or other hearings.
Authority
					 G.S.
					 143-215.3(a)(1),(3);
Eff. February 1, 1976;
Amended Eff. November 1, 1978;
Readopted Eff. February 1, 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0102 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The terms used herein shall be as defined in
					 G.S.
					 143-213 and
					 150B-2 and as follows:
(1) "Commission" means the North Carolina
				  Environmental Management Commission.
(2) "Department" means the Department of
				  Environmental Quality, and its successor.
(3) "Director" means Director of the Division
				  of Air Quality, Director of the Division of Energy, Mineral, and Land
				  Resources, Director of the Division of Mitigation Services, Director of the
				  Division of Water Resources, or Director of the Division of Waste Management
				  and their successors.
(4)
				  "Division" means the Division of Air Quality, the Division of Energy, Mineral,
				  and Land Resources, the Division of Mitigation Services, the Division of Water
				  Resources, or the Division of Waste Management and their successors.
Authority
					 G.S.
					 143-215.3(a)(1);
					 143B-282;
Eff.
					 February 1, 1976;
Amended Eff. July 1, 1988; November 1,
					 1978;
Readopted Eff. February 1,
					 2021.
North Carolina Administrative Code › Title 15A - Environmental Quality › Chapter 02 - Environmental Management › Subchapter I - HEARINGS › Section .0100 - SCOPE: DEFINITIONS: DELEGATIONS › Section 02I .0103 - DELEGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Unless otherwise directed by the Chair of the Commission,
					 pursuant to Rule .0105 of this Section, the Director is authorized to designate
					 hearing officers, establish the hearings, issue notices and perform other
					 administrative functions in accordance with these Rules. The Director shall
					 advise the Commission at its regularly scheduled meetings of any public
					 hearings held or scheduled since the Commission's last meeting.
Authority
					 G.S.
					 143-215.3(a)(3),(4);
Eff. February 1, 1976;
Readopted Eff. February 1,
					 2021.