SECTION .0200 ‑ PRIORITIZATION SYSTEM

Rules .0201 ‑ .0205 of Title 15A Subchapter 13C of the North Carolina Administrative Code (T15A.13C .0201 ‑ .0205), have been transferred and recodified from Rules .0201 ‑ .0205 of Title 10 Subchapter 10H of the North Carolina Administrative Code (T10.10H .0201 ‑ .0205), effective April 4, 1990.

15A NCAC 13C .0201      PRIORITIZATION

(a)  The Division shall review and evaluate relevant site data for all inactive hazardous substance or waste disposal sites and prioritize those sites using the priority system established in this Section.

(b)  Only sites with confirmed contamination or known disposal of hazardous substances shall be scored on the inactive hazardous waste sites priority list. Contamination is confirmed if laboratory analyses show the presence of hazardous substances in groundwater, surface water, air, wastes, or soils at concentrations significantly above background levels. Concentrations are significantly above background if the levels detected are more than 10 times a detected level in the background, or three times the detection limit when the background level is below the detection limit or the background concentration is unknown. Known disposal of hazardous substances shall be defined as:

(1)           on-site observations by government officials or their representatives of a release of hazardous substances to the environment;

(2)           acknowledgement by a current or previous owner or operator that hazardous substances were disposed on the site; or

(3)           documentation in the possession of government officials which indicates a release of hazardous substances to the environment.

(c)  A site shall be prioritized based on conditions present at the time of evaluation. All prior removal actions shall be considered.

(d)  A site shall be evaluated and receive a separate score in each of the following categories:

(1)           potential for groundwater migration,

(2)           potential for surface water migration,

(3)           potential for air migration, and

(4)           potential for direct contact.

(e)  A total score for the site shall be determined by taking the square root of the sum of the squares of the scores in the four categories in Paragraph (d) and dividing by two. Prioritization shall be based upon the total score.

History Note:        Authority G.S. A-310.2; A‑310.12;

Eff. June 1, 1989;

Amended Eff. July 1, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 24, 2017.