CHAPTER 01 – DEPARTMENTAL RULES

 

SUBCHAPTER 01A – GENERAL ORGANIZATION

 

section .0100 - general

 

15A NCAC 01A .0101       DEPARTMENT HEAD

 

History Note:        Authority G.S. 143A-11; 143B-279.1;

Eff. February 1, 1976;

Amended Eff. October 1, 1984; February 23, 1979;

Transferred from T15.01A .0001 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2012.

 

15A NCAC 01A .0102       HOW TO CONTACT THE DEPARTMENT

(a)  The Headquarters of the Department is located in the Environment and Natural Resources Building, Raleigh, North Carolina.  The mailing address of the Department is 1601 Mail Service Center, Raleigh, North Carolina 27699-1601.  The toll free telephone number is (877)623-6748.  All citizens wishing to contact the Department are urged to make initial contact through the regional manager at the nearest regional office.  Information regarding the location of the regional offices is available through the following website: http://portal.ncdenr.org/web/guest/contacts.

 

History Note:        Authority G.S. 143B‑10(b);

Eff. February 1, 1976;

Amended Eff. October 1, 1984; February 23, 1979;

Transferred from T15.01A .0004 Eff. November 1, 1989;

Amended Eff. October 1, 2012; March 1, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

 

15A NCAC 01A .0103       COUNCILS AND COMMITTEES

 

History Note:        Authority G.S. 143B-10(d);

Eff. February 1, 1976;

Amended Eff. October 1, 1984; February 23, 1979;

Transferred from T15.01A .0009 Eff. November 1, 1989;

Repealed Eff. August 1, 2012.

 

 

SUBCHAPTER 01B - GENERAL ADMINISTRATION

 

SECTION .0100 - RULEMAKING

 

15A NCAC 01B .0101       MODEL RULES

 

History Note:        Authority G.S. 143B-10(j); 150B-11; 150B-14(c);

Eff. August 1, 1982;

Amended Eff. May 1, 1988; October 1, 1984;

Transferred from T15.01B .0120 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2012.

SECTION .0200 - CONTESTED CASE HEARING PROCEDURES

 

15A NCAC 01B .0201       DEFINITIONS

15A NCAC 01B .0202       AVAILABILITY OF CONTESTED CASE HEARING

15A NCAC 01B .0203       REQUEST FOR CONTESTED CASE HEARING

15A NCAC 01B .0204       FINAL AGENCY DECISION IN CONTESTED CASE PROCEEDINGS

 

History Note:        Authority G.S. 143B-10; 150B-2(2); 150B-11; 150B-23(a); 150B-36;

Eff. February 1, 1976;

Readopted (w/change) Eff. October 31, 1980;

Legislative Objection Lodged Eff. July 20, 1982;

Amended Eff. March 1, 1983; August 1, 1982;

Objection Removed Eff. March 9, 1983;

Amended Eff. September 1, 1988; August 1, 1988; July 1, 1988;

Transferred from T15.01B .0201 Eff. November 1, 1989;

Transferred from T15.01B .0202 Eff. November 1, 1989;

Transferred from T15.01B .0204 Eff. November 1, 1989;

Transferred from T15.01B .0221 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2012.

 

SECTION .0300 - PURCHASING AND CONTRACTING

 

15A NCAC 01B .0301       SCOPE OF SECTION

15A NCAC 01B .0302       DEFINITIONS

 

History Note:        Authority G.S. 143B-10;

Eff. February 1, 1976;

Readopted (w/change) Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from T15.01B .0401 Eff. November 1, 1989;

Transferred from T15.01B .0402 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2012.

 

15A NCAC 01B .0303       CONCESSION CONTRACTS

 

History Note:        Authority G.S. 143B-10; 143-49(2),(3),(4); 143-53; 143B-276;

Eff. August 1, 1982;

Amended Eff. October 1, 1984;

Transferred from T15.01B .0407 Eff. November 1, 1989;

Repealed Eff. August 1, 2012.

 

SECTION .0400 - PUBLIC RECORDS

 

15A NCAC 01B .0401       DEFINITIONS

15A NCAC 01B .0402       PUBLIC ACCESS

 

History Note:        Authority G.S. 132-1; 132-1.1; 132-2; 132-6; 132-9; 143B-10(j); 150B-11;

Eff. August 1, 1982;

Amended Eff. July 1, 1988; October 1, 1984;

Transferred from T15.01B .0607 Eff. November 1, 1989;

Transferred from T15.01B .0608 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. August 1, 2012.

 

 

 

subchapter 01c - CONFORMITY WITH NORTH CAROLINA ENVIRONMENTAL POLICY ACT

 

section .0101 – general provisions

 

15A NCAC 01C .0101       STATEMENT OF PURPOSE, POLICY, AND SCOPE

(a)  The purpose of the rules in this Subchapter is to establish procedures within the Department of Environment and Natural Resources (DENR) for conforming with the North Carolina Environmental Policy Act (NCEPA).

(b)  Rules for implementation of the NCEPA (01 NCAC 25) are hereby incorporated by including subsequent amendments and editions.  Copies of these Rules can be obtained from the Department of Administration, State Clearinghouse, 1302 Mail Service Center, Raleigh, NC 27699-1302.

(c)  Environmental documents shall be available to public officials and citizens before decisions are made and before actions are taken.  The information shall be reliable and sufficient to allow selection among alternatives.

(d)  The Secretary is the "responsible state official" for DENR.  The Secretary may delegate responsibility for the implementation of the NCEPA to staff.

(e)  The provisions of the rules in this Subchapter, the state rules (01 NCAC 25), and the NCEPA shall be read together as a whole in order to comply with the spirit and letter of the law.

(f)  These Rules establish the procedures for determining whether an environmental document is required when DENR is the State Project Agency.

 

History Note:        Authority G.S. 113A‑2; 113A‑6; 113A‑9; 143B‑10;

Eff. August 1, 1989;

Transferred from T15.01D .0201 Eff. November 1, 1989;

Amended Eff. April 1, 2003; August 1, 1996; March 1, 1990.

15A NCAC 01C .0102       AGENCY COMPLIANCE

 

History Note:        Authority G.S. 113A‑2; 113A‑5; 113A‑6; 113A‑10; 143B‑10;

Eff. August 1, 1989;

Transferred from T15.01D .0202 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0103       DEFINITIONS

The definition of any word or phrase used in rules of this Subchapter is the same as given in G.S. 113A-9 and in 1 NCAC 25, including subsequent amendments and editions.  The following words and phrases have the following meaning.

(1)           "Agency" means the Divisions and Offices of DENR, as well as the boards, commissions, committees, and councils of DENR having decision‑making authority and adopting these rules by reference; except where the context clearly indicates otherwise.

(2)           "Channel Disturbance" means activities that permanently remove or degrade the natural functions of the stream such as culverting, relocation, channelization or streambank stabilization methods including gabions, rip rap or similar hard structures.

(3)           "Cumulative Impacts" mean environmental impacts resulting from incremental effects of an activity when added to other past, present, and reasonably foreseeable future activities regardless of what entities undertake such other actions.  Cumulative impacts are the reasonably foreseeable impacts from individually minor but collectively significant activities.

(4)           "Direct Impacts" mean environmental impacts which are caused by an activity and occurring at the same time and place.

(5)           "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste into or on any land or water so that the waste or any constituent part of the waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters, or beneath or on the surface of the land.

(6)           "Ecosystem" means all the interrelated organisms and their environment within a defined area.

(7)           "Forestry Management Plan" means a document that guides the practical and sustainable application of biological, physical, quantitative, managerial, economic, social and policy principles to the regeneration, management, utilization and conservation of forests to meet specified goals and objectives while maintaining the productivity of the forest.  Forest management includes management for aesthetics, fish, recreation, urban values, water, wilderness, wildlife, wood products and other forest resource values. 

(8)           "Hazardous Waste" means a waste, or combination of wastes, in any state or form including gas, liquid or solid, that because of its quantity, concentration or physical, chemical or infectious characteristics may cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness, or pose a present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

(9)           "High Quality Waters (HQW)" means a subset of waters with quality higher than the existing classification standards.  These include those rated as excellent based on biological and physical/chemical characteristics through Division of Water Quality monitoring or special studies; native and special native trout waters (and their tributaries) designated by the Wildlife Resources Commission; primary nursery areas (PNA) designated by the Marine Fisheries Commission and other functional nursery areas designated by the Marine Fisheries Commission; all water supply watersheds which are either classified as WS-I or WS-II or those for which a formal petition for reclassification as WS-I or WS-II has been received from the appropriate local government and accepted by the Division of Water Quality; and all Class SA waters.

(10)         "Inlet" means a waterway between islands connecting a lagoon, estuary, sound or similar water body with the ocean.

(11)         "Instream Flow" means the amount of water needed in a stream to adequately provide for downstream uses occurring within the stream channel, including some or all of the following: aquatic habitat, recreation, wetlands maintenance, navigation, hydropower, riparian vegetation, and water quality.

(12)         "Land-Disturbing Activity" means any use of the land by any person in residential, industrial, educational, institutional or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation.

(13)         "Lead Agency" means the agency or agencies preparing or having taken primary responsibility for preparing an environmental document.  The lead agency is a sub-agency of the state project agency. 

(14)         "Non‑State Entity" means local governments, special purpose units of government, contractors, and individuals or corporations to whom NCEPA may apply.

(15)         "Perennial Stream" means a channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year.  Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff.  A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water.

(16)         "Prime agricultural and forest land" means lands which possess the best combination of physical and chemical characteristics for producing food, feed, fiber (including forest products), forage, oilseed, and other agricultural products (including livestock), without intolerable soil erosion.  This does not apply to lands which are already in or committed to development projects such as water impoundment, transportation, and urban development.

(17)         "Reclaimed Water Utilization" means the use of reclaimed water that meets the criteria provided in 15A NCAC 02H .0219(k) for beneficial uses in lieu of water from other sources.

(18)         "Resource" means any natural product or value, not necessarily economic, but including trees, minerals, wildlife, clean air and water, fisheries, ecosystems, landscapes and open space.

(19)         "River Basin" means the watershed of a major river system.

(20)         "Secondary Impacts" mean indirect impacts caused by and resulting from a specific activity that occur later in time or further removed in distance than direct impacts, but are reasonably foreseeable.  Indirect impacts may include growth inducing effects and other effects related to induced changes in the pattern of land use, population density or growth rate, and related effects on air and water and other natural systems, including ecosystems.

(21)         "Secretary" means the Secretary of DENR.

(22)         "State Project Agency" means the state department or council of state agency which has been designated pursuant to 1 NCAC 25 .0210(a) for ensuring compliance with NCEPA.

(23)         "Stream Enhancement" means the process of implementing stream rehabilitation practices in order to improve water quality or ecological function.  These practices are typically conducted on the stream bank or in the flood prone area.  Enhancement activities may also include the placement of in-stream habitat structures.

(24)         "Stream Restoration" means the process of converting an unstable, altered or degraded stream corridor, including adjacent riparian zone and flood prone areas to its natural or referenced, stable conditions considering recent and future watershed conditions.  This process also includes restoring the geomorphic dimension, pattern and profile as well as biological and chemical integrity, including transport of water and sediment produced by the stream's watershed in order to achieve dynamic equilibrium.

(25)         "Total Design Withdrawal" means the pumping rate at which water can be removed from the contributing stream.  It is the sum of any pre-existing withdrawal capacity plus any withdrawal increase.

(26)         "Wetlands" mean "wetlands" as defined in 15A NCAC 02B .0202.

 

History Note:        Authority G.S. 113A‑2; 113A‑6; 113A‑9; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0104       AGENCY COMPLIANCE

(a)  Each DENR agency shall interpret the provisions of the NC EPA as a supplement to its existing authority and as a mandate to view its policies and programs in the light of the NC EPA's comprehensive environmental objectives, except where existing law applicable to the DENR agency's operations expressly prohibits compliance or makes compliance impossible.

(b)  As part of making a decision on a project for which an environmental document has been prepared, the DENR agency decision-maker shall review the document and incorporate it as part of continuing deliberations.  The resulting decision shall be made after weighing all of the impacts and mitigation measures presented in the environmental document, which shall become part of the decision-making record.

 

History Note:        Authority G.S. 113A‑2; 113A‑5; 113A‑6; 113A‑10; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0105       LEAD AND COOPERATING AGENCY RESPONSIBILITY

Where DENR is the State Project Agency and more than one DENR agency must issue a permit or other authorization for the project requiring review under NCEPA, the Secretary shall appoint a lead DENR agency to be responsible for issuance of the environmental document.  The lead and cooperating DENR agencies' responsibilities shall be established by the Secretary.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 113A‑7; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0106       SCOPING AND HEARINGS

DENR agencies shall utilize scoping and hearing processes in their NCEPA activities to the extent appropriate to the complexity, potential for environmental effects, and level of expressed interest associated with the proposed activity.  Scoping and hearing processes are public processes designed to determine the types of environmental issues to be addressed in environmental documents.  They are open processes intended to obtain the view of other agencies and the public in order for state agencies to make informed decisions.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0107       LIMITATION ON ACTIONS DURING NCEPA PROCESS 

(a)  While work on an environmental document is in progress, no DENR agency shall undertake in the interim any action which might limit the choice among alternatives or otherwise prejudice the ultimate decision on the issue.  A permit approval or other action to approve land disturbing activity or construction of part of the project or action, other than those actions necessary for gathering information needed to prepare the environmental document, limits the choice among alternatives and shall not be approved until the final environmental document for the action is published in the Environmental Bulletin pursuant to 01 NCAC 25 .0212 and adopted by the DENR agency through the procedures established by the Department of Administration’s Rules for administering NC EPA and this Subchapter of the Department's rules.

(b)  If a DENR agency is considering a proposed action for which an environmental document is to be or is being prepared, the DENR agency shall promptly notify the initiating party that the DENR agency cannot take final action until the environmental documentation is completed and available for use as a decision‑making tool.  The notification shall be consistent with the statutory and regulatory requirements of the DENR agency and may be in the form of a notification that the application is incomplete.

(c)  When a DENR agency decides that a proposed activity, for which state actions are pending or have been taken, requires environmental documentation then the DENR agency shall promptly notify all DENR action agencies of the decision.  When statutory and regulatory requirements prevent a DENR agency from suspending action, the DENR agency shall deny any action for which it determines an environmental document is necessary but not yet available as a decision‑making tool.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 113A‑7; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0108       EMERGENCIES

(a)  Where emergency circumstances make it necessary to take an otherwise lawful action with potential environmental effects without observing the public review provisions of the NC EPA, the DENR agency taking the action shall notify the Secretary and limit actions to those necessary to control and mitigate for the immediate threat to the public health, safety, and welfare.

(b)  DENR agencies may prepare and maintain environmental documents for repetitive emergency programs affecting the public, to review the scope of involved activities, identify specific effects to be expected, and mitigation measures that can be employed in various circumstances to assure protection of the public and long‑term environmental productivity.

(c)  The minimum criteria established pursuant to Section .0400 of this Subchapter or the review processes for environmental assessments or environmental impact statements set out in Rules 01 NCAC 25 .0506 and .0605, may be altered where an emergency makes it necessary to take action or control or mitigate any threat to the public health, safety and welfare caused by the emergency.  Rule 01 NCAC 25 .1002 establishes the procedures to supplement the provisions of this Chapter in an emergency consistent with the policies of NC EPA.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑7; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0109       NON‑STATE INVOLVEMENT AND CONSULTANTS

(a)  If a lead DENR agency requires a non-state entity to submit environmental information for use by the DENR agency in preparing an environmental document for the non-state entity's activity, then the DENR agency shall assist by outlining the types of information requested.  The DENR agency shall independently evaluate the information provided and shall be responsible for its accuracy.

(b)  If a lead DENR agency permits a non-state entity to prepare an environmental document, the lead DENR agency shall furnish guidance and participate in the preparation, and take responsibility for its scope, objectivity, content, and accuracy.

(c)  An environmental document may be prepared by a consultant.

(d)  The Environmental Assessment Guidance Document available through the State Clearinghouse and Rules 01 NCAC 25 .0400 through .1000 offer guidance in preparing environmental documents.

 

History Note:        Authority G.S. 113A‑4; 113A‑5; 113A‑6; 113A‑9; 143B‑10;

Eff. April 1, 2003.

 

section .0200 - INTEGRATION WITH AGENCY ACTIVITY

 

15A NCAC 01C .0201       EARLY APPLICATION OF THE NCEPA

15A NCAC 01C .0202       WHEN TO PREPARE ENVIRONMENTAL DOCUMENTS

15A NCAC 01C .0203       LEAD AND COOPERATING AGENCY RESPONSIBILITY

15A NCAC 01C .0204       SCOPING AND HEARINGS

 

History Note:        Authority G.S. 113A-2; 113A-4; 113A-6; 113A-7; 113A-8; 113A-9; 143B-10;

Eff. August 1, 1989;

Transferred from T15.01D .0301; .0302; .0303; .0304 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0205       IMPLEMENTATION

DENR agencies shall prepare environmental documents in accordance with the NC EPA, its related rules at 01 NCAC 25, and the rules in this Subchapter.  As set out in Rule .0109 of this Subchapter, consultants may prepare environmental documents.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑5; 113A‑6; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0206       WHEN TO PREPARE ENVIRONMENTAL DOCUMENTS

(a)  DENR agencies shall prepare an environmental assessment in accordance with the NC EPA and the related state rules at 01 NCAC 25 for those activities described in Section .0300 of this Subchapter, and for those activities above the thresholds set in DENR's minimum criteria described in Section .0400 of this Subchapter.

(b)  An environmental assessment is not necessary if a DENR agency has decided to prepare an environmental impact statement, because the scope or complexity of the activity has a clear potential for environmental effects.

(c)  DENR agencies shall insure that the activity that is the subject of the environmental document is properly defined.  Closely connected activities should be reviewed together.  Closely connected activities include:

(1)           activities that automatically trigger other activities that may require environmental impact statements;

(2)           activities that cannot or will not proceed unless other activities occur either previously or simultaneously; and

(3)           activities that are interdependent parts of a larger plan of development and depend on the larger plan of development for justification.

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0207       INCORPORATION BY REFERENCE

(a)  DENR agencies shall incorporate material into environmental documents by reference to cut down on bulk without impeding DENR agency and public reviews of the action.  The incorporated material shall be cited in the document and its contents briefly described.

(b)  Incorporated-by-reference material must be made available by the applicant for inspection by reviewers and potentially interested persons within the time allowed for comment.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑10; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0208       INCOMPLETE OR UNAVAILABLE INFORMATION

(a)  Where a DENR agency is evaluating significant effects upon the environment in an environmental document and there are gaps in relevant information or scientific uncertainty, the DENR agency should always make clear that such information is lacking or that uncertainty exists.

(b)  If the information relevant to the effects is essential to a reasonable choice among alternatives and the overall costs of and time for obtaining it are not out of proportion to the potential environmental effects of the activity, the DENR agency should include the information in the environmental document.

(c)  If the information relevant to the effects is essential to a reasoned choice among alternatives and the overall cost of and time for obtaining it are out of proportion to the potential environmental effects of the activity, or the means of obtaining it are not known (beyond the state of the art), then the DENR agency shall weigh the need for the action against the risk and severity of possible adverse impacts were the action to proceed in the face of uncertainty.  If the DENR agency proceeds, it shall include within the environmental document:

(1)           a statement that such information is incomplete or unavailable;

(2)           a statement of the relevance of the incomplete or unavailable information to evaluating reasonably foreseeable significant adverse impacts on the human environment;

(3)           a summary of existing credible scientific evidence which is relevant to evaluating the reasonably foreseeable significant adverse impacts on the human environment; and

(4)           the DENR agency's evaluation of such impacts based upon theoretical approaches or research methods generally accepted in the scientific community.

(d)  For the purposes of this Section, "reasonably foreseeable" includes impacts which have catastrophic consequences, even if their probability of occurrence is low, provided that the analysis of the impacts is supported by credible scientific evidence, is not based on pure conjecture, and is within the rule of reason.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 143B‑10;

Eff. April 1, 2003.

 

section .0300 - PREPARATION OF ENVIRONMENTAL DOCUMENTS

 

15A NCAC 01C .0301       IMPLEMENTATION

15A NCAC 01C .0302       INCORPORATION BY REFERENCE

15A NCAC 01C .0303       INCOMPLETE OR UNAVAILABLE INFORMATION

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑5; 113A‑6; 113A‑10; 143B‑10;

Eff. August 1, 1989;

Transferred from T15.01D .0401; .0402; .0403 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0304       ACTIVITIES ABOVE THE MINIMUM CRITERIA

Any activity which is outside the parameters of the minimum criteria set out in Section .0400 of this Subchapter is required to have environmental documentation under the NCEPA.

 

History Note:        Authority G.S. 113A-2; 113A-4; 113A-6; 113A-11; 143B-10;

Eff. April 1, 2003.

 

15A NCAC 01C .0305       TYPES OF ACTIVITIES REQUIRING ENVIRONMENTAL DOCUMENTATION

The following DENR agency activities will be deemed to have a potential effect upon the environment of the state and require preparation of an environmental document unless they fall under the minimum criteria set out in Section .0400 of this Subchapter.

(1)           Proposed construction of facilities or infrastructures on lands and waters owned or managed by any DENR agency.

(2)           Specific programs conducted by DENR agencies on lands and waters or in the atmosphere owned or managed by the state.

(3)           Demolition of or additions, rehabilitation and/or renovations to a structure listed in the National Register of Historic Places or more than 50 years of age except where agreement exists with the Department of Cultural Resources that the structure lacks architectural or historical significance.

(4)           Ground disturbances involving National Register listed archaeological sites or areas around buildings 50 years old or older, except where agreement exists with the Department of Cultural Resources.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑8; 113A‑9; 113A-10; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0306       ACTIVITIES OF A SPECIAL NATURE

Any activity falling within the parameters of the minimum criteria set out in Section .0400 of this Subchapter shall not routinely be required to have environmental documentation under the NCEPA.  However, an environmental document is required when the Secretary determines that:

(1)           the proposed activity may have a potential for significant adverse effects on wetlands; surface waters such as rivers, streams and estuaries; parklands; game lands; prime agricultural or forest lands; or areas of local, state or federally recognized scenic, recreational, archaeological, ecological, scientific research or historical value, including secondary impacts; or would threaten a species identified on the Department of Interior's or the state's threatened and endangered species lists; or

(2)           the proposed activity could cause changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create adverse water quality, instream flow, air quality, or ground water impacts; or affect long‑term recreational benefits, fish, wildlife, or their natural habitats; or

(3)           the proposed activity has secondary impacts, or is part of cumulative impacts, not generally covered in the approval process for the state action, and that may result in a potential risk to human health or the environment; or

(4)           the proposed activity is of such an unusual nature or has such widespread implications that a concern for its environmental effects has been identified by the DENR agency or expressed to the DENR agency.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

section .0400 – other requirements

 

15A NCAC 01C .0401       AGENCY DECISION‑MAKING PROCEDURES

15A NCAC 01C .0402       LIMITATION ON ACTIONS DURING NCEPA PROCESS

15A NCAC 01C .0403       EMERGENCIES

15A NCAC 01C .0404       NON‑STATE INVOLVEMENT AND CONTRACTORS

 

History Note:        Authority G.S. 113A-2; 113A-4; 113A-5; 113A-6; 113A-7; 113A-9; 143B-10;

Eff. August 1, 1989;

Transferred from T15.01D .0501; .0502; .0503; .0504 Eff. November 1, 1989;

Amended Eff. March 1, 1990;

Temporary Amendment Eff. August 1, 2000;

Amended Eff. April 1, 2001;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0405       PURPOSE OF THE MINIMUM CRITERIA THRESHOLDS

(a)  This Section establishes minimum criteria to be used in determining when environmental documents are not required. The minimum criteria, as defined in state rules at 01 NCAC 25, shall be used by the Secretary and DENR agencies to provide sound decision‑making processes by allowing separation of activities with a high potential for environmental effects from those with only a minimum potential.

(b)  The minimum criteria set out in this Section are established to determine when environmental documentation under the NCEPA is not required.  An activity must be at or below each applicable minimum criteria threshold to maintain this status.  As set out in Rule .0306 of Section .0300, the Secretary may require environmental documentation for activities that would otherwise qualify under these minimum criteria thresholds.

 

History Note:        Authority G.S. 113A-2; 113A-4; 113A-6; 113A-11; 143B-10;

Eff. April 1, 2003.

 

15A NCAC 01C .0406       SAMPLING, SURVEY, MONITORING, AND RELATED RESEARCH ACTIVITIES

Sampling, survey, monitoring and research activities do not require the filing of environmental documentation. These activities include, but are not limited to the following:

(1)           Aerial photography projects involving the photographing or mapping of the lands of the state;

(2)           Biology sampling and monitoring of:

(a)           Fisheries resources through the use of traditional commercial fishing gear, electricity, and rotenone; and

(b)           Wildlife resources through the use of traditional techniques, including but not limited to traps, drugs, and firearms;

(3)           Soil survey projects involving the sampling or mapping of the soils of the state;

(4)           Establishing stream gaging stations for the purpose of measuring water flow at a particular site;

(5)           Placement of monitoring wells for the purpose of measuring groundwater levels, quantity, or quality;

(6)           Gathering surface or subsurface information on the geology, minerals, or energy resources, of the state.

(7)           Placement and use of geodetic survey control points;

(8)           Other routine survey and resource monitoring activities, or other temporary activities required for research into the environment which do not have adverse effects; and

(9)           Investigation and assessment of sites contaminated with regulated substances.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0407       STANDARD MAINTENANCE OR REPAIR ACTIVITIES

Standard maintenance or repair activities, if needed to maintain the originally defined function of an existing project or facility (but without expansion, increase in quantity, decrease in quality, use, or release of hazardous waste), do not require the filing of environmental documents.  These activities include but are not limited to maintenance and repair of the following: 

(1)           Housekeeping projects which maintain a facility's original condition and physical features, including re-roofing and minor alterations where in-kind materials and techniques are used.  This also encompasses structures 50 years of age and older and for which no separate law, rule, or regulation dictates a formal review and approval process;

(2)           Roads, bridges, parking lots, and their related facilities;

(3)           Utilities on their existing rights-of-way;

(4)           Surface drainage systems;

(5)           Boat ramps, docks, piers, bulkheads, rip rap, breakwaters and associated facilities;

(6)           Diked, high ground dredge-material disposal areas;

(7)           Activities necessary to fulfill the existing requirements of in-effect permits for the protection of the environment and human health;

(8)           Other maintenance and repair activities on projects which are consistent with previously approved environmental documents; and

(9)           Routine grounds maintenance and landscaping of sidewalks, trails, walls, gates, and related facilities, including outdoor exhibits.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0408       MINOR CONSTRUCTION ACTIVITIES

This Rule sets out the general and specific minimum criteria for construction activities.  Construction and land disturbing activities must fall under both the general minimum criteria and any specific minimum criteria applicable to the project.

(1)           General criteria. The following categories of land disturbing activity do not require preparation of an environmental document.

(a)           In the 20 coastal counties, land disturbing activity that:

(i)            is located more than 575 feet away from waters classified as High Quality Waters (HQW) or impacts less than five acres located all or in part within 575 feet of waters classified as High Quality Waters (HQW);

(ii)           is located outside of any Outstanding Resource Waters (ORW) watershed or area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225; and

(iii)          impacts less than five acres located in any Outstanding Resource Waters (ORW) watershed or in any area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225.

(b)           Land disturbing activity outside the twenty coastal counties that:

(i)            is located more than one mile from waters classified as HQW or impacts less than five acres located within one mile of and draining to waters classified as HQW;

(ii)           is located outside of any Outstanding Resource Waters (ORW) watershed or area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225;

(iii)          impacts less than five acres located in any Outstanding Resource Waters (ORW) watershed or in any area that requires specific management actions to protect ORW waters as defined in 15A NCAC 02B .0225; and

(iv)          is located more than 25 feet from any waters classified as Trout (Tr) waters or impacts less than five acres located all or in part within 25 feet of any waters classified as Trout (Tr) waters.

(c)           Channel disturbance and land disturbing activities associated with non-compensatory stream restoration or stream enhancement.

(d)           Land disturbing activities impacting wetlands if the activity will result in the loss of one acre or less of Class WL wetlands.

(e)           Land disturbing activities impacting streams if the activity will result in channel disturbance of less than 500 linear feet of perennial streams. Land disturbing activities that impact 500 linear feet or more of perennial streams do not require preparation of an environmental document if stream restoration or stream enhancement is performed.

(2)           Specific Criteria.  Construction or expansion activities listed below require an environmental document if they exceed either the minimum criteria set out in Item (1) of this Rule or the thresholds established below.

(a)           The following activities related to wastewater treatment systems.

(i)            Relocation of discharge points within the same river basin;

(ii)           New discharge facilities with a proposed permitted expansion of less than 500,000 gallons per day and producing an instream waste concentration of less than 33 percent during the 7-day 10-year low flow conditions;

(iii)          Expansion of an existing discharge facility of less than 500,000 gallons per day additional flow;

(iv)          New surface irrigation, high rate infiltration, or subsurface waste water systems with a proposed permitted capacity not exceeding 100,000 gallons per day;

(v)           Reclaimed water utilization systems with reclaimed water utilization being the sole disposal option with a proposed permitted capacity not exceeding 200,000 gallons per day;

(vi)          New reclaimed water utilization sites with a proposed permitted capacity not to exceed 500,000 gallons per day when the reclaimed water utilization system is required for compliance with any other wastewater disposal permit;

(vii)         New reclaimed water utilization sites with a proposed permitted capacity not to exceed 1,000,000 gallons per day when the reclaimed water utilization system is not required for compliance with any other wastewater disposal permit;

(viii)        New reclaimed water utilization distribution lines;

(ix)          New permits or modification to existing permits for land application of residuals utilization, where less than 10 acres not previously permitted is prior converted within three years or will be converted from a non-plantation forested area to application area;

(x)           New or expanding surface disposal sites disposing less than 3000 dry tons of residuals per year;

(xi)          Gravity sewer extensions with less than three miles of new lines or lines of less than 18 inches in diameter; and

(xii)         New or expanding individual pump stations and associated force mains with a proposed permitted capacity of less than 1750 gallons per minute.

(b)           The following activities related to potable water systems.

(i)            Improvements to water treatment plants that involve less than 1,000,000 gallons per day added capacity and total design withdrawal less than one-fifth of the 7-day, 10-year low flow of the contributing stream;

(ii)           Improvements not intended to add capacity to the facility;

(iii)          Installation of appurtenances in existing rights-of-way for streets or utilities, or water lines and appurtenances less than five miles in length and having only directional bore stream crossings or no stream crossings; and

(iv)          Construction of water tanks, or booster pumping or secondary or remote disinfection stations.

(c)           Groundwater withdrawals of less than 1,000,000 gallons per day where such withdrawals are not expected to cause alterations in established land use patterns, or degradation of groundwater or surface water quality.

(d)           The following activities related to solid waste disposal:

(i)            Construction of solid waste management facilities, other than landfills exempt pursuant to G.S. 130A-294 (a)(4), which store, treat, process incinerate, or dispose of less than 350 tons per day (averaged over one year) of solid waste; and

(ii)           Disposal of solid waste by land application on 100 total acres or less, where less than 10 percent of the total land application area is converted from a non-plantation forested area.

(e)           Development requiring a Coastal Area Management Act (CAMA) permit or State Dredge and Fill Law permit that does not involve:

(i)            Construction of a new marina, or a 25% or greater expansion in the number of slips at existing and operating marinas;

(ii)           Excavation of a new navigation channel.  Maintenance activities associated with maintaining the traditional and established use of a channel and new excavation activities located entirely within 100 feet of the shoreline, or within 50 feet from the waterward edge of any existing or authorized docking facility and involving the excavation of less than 5,000 square feet of public trust bottom do not constitute excavation of a new navigation channel for purposes of these rules.

(iii)          Excavation of materials from aquatic environments for use for beach nourishment or other purposes not directly related to approved navigation projects;

(iv)          A large scale beach nourishment or spoil deposition project.  A project shall be considered large scale when it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more than 50 cubic yards of sand per linear foot of shoreline;

(v)           The salvaging of cut logs from public trust waters for commercial use, unless the salvage operation complies with any departmentally-approved best management practices developed for such activities;

(vi)          The construction over state owned submerged lands of private bridges to privately owned islands, unless the length of the bridge is less than 50 feet; and

(vii)         The excavation, dredging or other hydrodynamic manipulation of an inlet, inlet channel(s) or inlet shoal(s) for non-navigational purposes.

(f)            Construction of a minor source or modification of a minor source of air emissions as defined in 15A NCAC 02D .0530, that are less than 100 tons per year or 250 tons per year as defined therein.

(g)           Construction relating to the reclamation of underground storage tanks and restoration of groundwater quality.

(h)           The construction, repair or removal of dams less than 25 feet in height and having less than 50 acre-feet of effective storage capacity.

(i)            Any new construction for a building which involves all of the following;

(i)            A footprint of less than 10,000 square feet;

(ii)           A location that is not a National Register Archaeological site; and

(iii)          The building's purpose is not for storage of hazardous waste.

(j)            Demolition of or additions, rehabilitation or renovations to a structure not listed in the National Register of Historic places or less than 50 years of age.

(k)           Routine grounds construction and landscaping of sidewalks, trails, walls, gates and related facilities, including outdoor exhibits.

(l)            Installation of on-farm Best Management Practices that meet the standards of the North Carolina Soil and Water Conservation Commission and the federal Natural Resources Conservation Service.

(m)          Construction or remodeling of swimming pools.

(n)           Construction of a new two-lane road in accordance with DOT accepted design practices and DOT standards and specifications involving less than a total of 25 cumulative acres of ground surface limited to a single project, and not contiguous to any other project making use of this provision.

(o)           Expansion of a two-lane road in accordance with DOT accepted design practices and DOT standards and specifications involving less than a total of 10 cumulative acres of ground surface limited to a single project, and not contiguous to any other project making use of this provision.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0409       MANAGEMENT ACTIVITIES

Management activities do not require the filing of environmental documents.  These activities include but are not limited to the following: 

(1)           Replenishment of shellfish beds through the placement of seed oysters, seed clams or shellfish cultch on marine or estuarine habitats.

(2)           Creation and enhancement of marine fisheries habitat through the establishment of artificial reefs in accordance with the Division of Marine Fisheries' Artificial Reef Master Plan.

(3)           Placement of fish attractors and shelter in public waters managed by the N.C. Wildlife Resources Commission.

(4)           Translocation and stocking of native or naturalized fish and wildlife in accordance with appropriate DENR agency species management plans, watershed management plans, or other state agency approved resource management plans.

(5)           Reintroduction of native endangered or threatened species in accordance with state or federal guidelines or recovery plans.

(6)           Production of native and agricultural plant species to create or enhance fish or wildlife habitat and forest resources, including fertilization, planting, mowing, and burning in accordance with fisheries, wildlife, or forestry management plans.

(7)           Forest products harvest in accordance with the forestry Best Management Practices (BMPs) and the performance standards in the Forest Practice Guidelines (FPGs) Related to Water Quality (15A NCAC 01I .0201 - .0209) and the United States Forest Service or the N.C. Division of Forest Resources forest management plans.

(8)           Reforestation of woodlands in accordance with the United States Forest Service or the N.C. Division of Forest Resources forest management plans.

(9)           Use of forestry best management practices to meet the performance standards in Forest Practice Guidelines Related to Water Quality codified as 15A NCAC 01I.

(10)         The control of forest or agricultural insects and disease outbreaks by biological treatments, mechanical treatments, or the lawful application of labeled pesticides by licensed applicators, or any combination of those practices, on areas of no more than 100 acres.

(11)         Control of species composition on managed forestlands as prescribed by approved forest management plans by the lawful application of labeled herbicides by licensed applicators, on areas no more than 100 acres.

(12)         Control of aquatic weeds in stream channels, canals and other water bodies, by the lawful application of labeled herbicides by licensed applicators, on areas of no more than two acres or 25 percent of surface area, whichever is less, except in Primary Nursery Areas designated by the Marine Fisheries Commission, Inland Primary Nursery Areas designated by the Wildlife Resources Commission, and Anadromous Fish Spawning Areas designated by the Marine Fisheries Commission or the Wildlife Resources Commission.

(13)         Removal of logs, stumps, trees, and other debris from stream channels where there is no channel excavation, and activities are carried out in accordance with "Best Management Practices (BMPs) for Selective Clearing and Snagging," Appendix B in Incremental Effects of Large Woody Debris Removal on Physical Aquatic Habitat, US Army Corps of Engineers Technical Report EL-92-35, Smith et al, 1992, or other guidelines approved through the Intergovernmental Review process as set out at 01 NCAC 25 .0211.

(14)         Dredging of existing navigation channels and basins to originally approved specifications, provided that the spoil is placed in existing and approved high ground disposal areas.

(15)         Controlled or prescribed burning for wildlife, timber enhancement, and hazard reduction in accordance with applicable management plans.

(16)         Plowing fire lines with tractor plow units, or other mechanized equipment, for the purpose of suppressing wildland (brush, grass, or woodland) fires and prescribed burning.

(17)         Scooping or dipping water from streams, lakes, or sounds with aircraft or helicopters for the purpose of suppressing wild land (brush, grass, or woodland) fires.

(18)         Drainage projects where the mean seasonal water table elevation will be lowered less than one foot over an area of one square mile or less, and riparian and wetland areas will not be affected.

(19)         Manipulation of water levels in reservoirs or impoundments in accordance with approved management plans, for the purpose of providing for water supply storage, flood control, recreation, hydroelectric power, fish and wildlife, downstream water quality and aquatic weed control.

(20)         Installation of on-farm Best Management Practices that meet the standards of the North Carolina Soil and Water Conservation Commission and the federal Natural Resources Conservation Service. 

(21)         Continuation of previously permitted activities where no increase in quantity or decrease in quality are proposed.

(22)         Acquisition or acceptance of real property to be retained in a totally natural condition for its environmental benefits.

(23)         Acquisition or acceptance of real property to be managed in accordance with plans for which environmental documents have been approved.

(24)         Care of all trees, plants, and groundcovers on public lands.

(25)         Care, including medical treatment, of all animals maintained for public display.

(26)         Activities authorized for control of mosquitoes such as the following:

(a)           Mosquito control water management work in freshwater streams performed in accordance with "Best Management Practices (BMPs) for Selective Clearing and Snagging" Appendix B in Incremental Effects of Large Woody Debris Removal on Physical Aquatic Habitat, US Army Corps of Engineers Technical Report EL-92-35, Smith et al, 1992, or other guidelines reviewed through the Intergovernmental Review process as set out at 01 NCAC 25 .0211;

(b)           Mosquito control water management work in salt marsh environments performed under Open Marsh Water Management guidelines reviewed through the Intergovernmental Review process as set out at 01 NCAC 25 .0211;

(c)           Lawful application of chemicals approved for mosquito control by the United States Environmental Protection Agency and the State when performed under the supervision of licensed operators; and

(d)           Lawful use of established species to control mosquitoes.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0410       PRIVATE USE OF PUBLIC LANDS

Activities related to the private use of public lands, when conducted in accordance with permit requirements, do not require the filing of environmental documents.  These activities include but are not limited to the following:

(1)           Use of pound nets.

(2)           Shellfish relaying and transplanting.

(3)           Harvest of shellfish during closed season.

(4)           Special fisheries management activities under 15A NCAC 03I .0012.

(5)           Aquaculture operations within coastal waters.

(6)           Scientific collecting within coastal waters.

(7)           Introduction and transfer of marine and estuarine organisms.

(8)           Development requiring a Coastal Area Management Act (CAMA) or a State Dredge and Fill Law permit that does not involve:

(a)           Construction of a new marina, or a 25% or greater expansion in the number of slips at existing and operating marinas;

(b)           Excavation of a new navigation channel.  Maintenance activities associated with maintaining the traditional and established use of a channel and new excavation activities located entirely within 100 feet of the shoreline, or within 50 feet from the waterward edge of any existing or authorized docking facility and involving the excavation of less than 5,000 square feet of public trust bottom do not constitute excavation of a new navigation channel for purposes of these rules.

(c)           Excavation of materials from aquatic environments for use for beach nourishment or other purposes not directly related to approved navigation projects;

(d)           A large scale beach nourishment or spoil deposition project.  A project shall be considered large scale when it places more than a total volume of 200,000 cubic yards of sand at an average ratio of more than 50 cubic yards of sand per linear foot of shoreline;

(e)           The salvaging of cut logs from public trust waters for commercial use, unless the salvage operation complies with any Departmentally approved best management practices developed for such activities;

(f)            The construction over state owned submerged lands or private bridges to privately owned islands, unless the length of the bridge is less than 50 feet; and

(g)           The excavation, dredging or other hydrodynamic manipulation of an inlet, inlet channel(s) or inlet shoal(s) for non-navigational purposes.

(9)           Construction of piers and boat docks on all State Lakes when conducted in accordance with 15A NCAC 12C .0300.

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. April 1, 2003.

 

15A NCAC 01C .0411       REMEDIATION ACTIVITIES

Activities that seek to clean up, remove, remediate, abate, contain or otherwise protect public health or the environment from the effect of contamination released to the environment do not require the filing of environmental documentation.

 

History Note:        Authority G.S. 113A-4; 113A-6; 113A-9; 113A-10; 113A-11; 113A-12; 143B-10;

Eff. April 1, 2003.

 

15A NCAC 01C .0412       HURRICANE RELIEF ACTIVITY WITH MINIMUM POTENTIAL FOR ENVIRONMENTAL EFFECTS

 

History Note:        Authority G.S. 113A-4; 113A-6; 113A-11; 143B-10;

Emergency Adoption Eff. April 25, 2005;

Temporary Adoption Eff. July 29, 2005;

Temporary Adoption Expired on May 12, 2006.

 

SECTION .0500 ‑ MINIMUM CRITERIA

 

15A NCAC 01C .0501       PURPOSE

15A NCAC 01C .0502       MAJOR ACTIVITIES

15A NCAC 01C .0503       EXCEPTIONS TO MINIMUM CRITERIA

 

History Note:        Authority G.S. 113A‑2; 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. August 1, 1989;

Transferred from T15.01D .0601; .0602; .0603 Eff. November 1, 1989;

Amended Eff. August 1, 1996; March 1, 1990;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0504       NON-MAJOR ACTIVITY

 

History Note:        Authority G.S. 113A‑4; 113A‑6; 113A‑9; 113A‑10; 113A-11; 113A-12; 143B‑10;

Eff. August 1, 1989;

Transferred from T15.01D .0604 Eff. November 1, 1989;

Temporary Amendment Eff. December 7, 1992 for a Period of 180 Days or Until the Permanent Rule Becomes Effective, Whichever is Sooner;

Amended Eff. August 1, 1996; March 1, 1993;

Repealed Eff. April 1, 2003.

 

15A NCAC 01C .0505       NON-MAJOR HURRICANE RELIEF ACTIVITY

 

History Note:        Authority G.S. 113A-4; 113A-6; 113A-11; 143B-10; S.L. Ex. Session 1999-463, Part IV, c.463, s. 4;

Temporary Adoption Eff. February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

 

 

SUBCHAPTER 01D ‑ PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND PRIVATE POLLUTION CONTROL REVENUE BONDS

 

 

This Subchapter 1D of Title 15A of the North Carolina Administrative Code (T15A.01D); PROJECT CERTIFICATION RELATING TO INDUSTRIAL AND POLLUTION CONTROL REVENUE BONDS; has been transferred and recodified from Subchapter 1E of Title 15 of the North Carolina Administrative Code (T15.01E), effective November 1, 1989.

 

SECTION .0100 ‑ PURPOSE AND DEFINITIONS

 

15A NCAC 01D .0101       PURPOSE

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

15A NCAC 01D .0102       DEFINITIONS OF TERMS

The terms used in this Subchapter shall be as defined in G.S. 159C‑3 and as follows:

(1)           EHNR shall mean the Department of Environment, Health, and Natural Resources.

(2)           Secretary shall mean the Secretary of EHNR or his appointed designee.

(3)           Project certification shall mean a written statement by the Secretary of EHNR, the state agency having jurisdiction over environmental matters, as provided in G.S. 113A‑1 et seq. and G.S. 143‑215.11 et seq., that a proposed industrial project will meet the criteria contained in Rule .0302 of this Subchapter and a proposed pollution control project will meet the criteria contained in Rule .0303 of this Subchapter.

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988.

 

SECTION .0200 ‑ CERTIFICATION PROCEDURES

 

15A NCAC 01D .0201       PURPOSE

15A NCAC 01D .0202       REQUEST FROM THE SECRETARY OF THE DEPARTMENT OF ECD

15A NCAC 01D .0203       FORMAL PROJECT CERTIFICATION: ISSUANCE

15A NCAC 01D .0204       FORMAL PROJECT CERTIFICATION: DENIAL

15A NCAC 01D .0205       REIMBURSEMENT OF EXTRAORDINARY EXPENSES

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

SECTION .0300 ‑ CERTIFICATION CRITERIA

 

15A NCAC 01D .0301       GENERAL

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

15A NCAC 01D .0302       NO MATERIALLY ADVERSE EFFECT ON THE ENVIRONMENT TEST

In the case where the Secretary of ECD has requested a project certification for a proposed industrial project, or for a pollution control project connected to a new or expanded industrial facility, the Secretary of EHNR will apply the "materially adverse" test, as follows:  If the Secretary determines that no state water or air quality standard or limitation will be violated, that use of water by the industrial project will not substantially affect other users, and that the project will have no other materially adverse effect on the environment, the Secretary will certify that the project will not have a materially adverse effect on the environment.  Issuance to the operator of the proposed project of valid wastewater discharge, air pollution control, water withdrawal permits and any other major permits determined by the Secretary to be required for the project, or determination by EHNR that such permits would not be required for a specific operation, may be considered as "compelling proof" that the environmental considerations surrounding a project have been duly evaluated.

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988.

 

15A NCAC 01D .0303       MATERIALLY FAVORABLE IMPACT TEST

In the case where the Secretary of ECD requests a project certification for a proposed water and/or air pollution control project, the Secretary of EHNR will apply the "materially favorable" test.  If the Secretary determines that the project meets all relevant state emission control standards, water effluent limitations, pretreatment standards (if applicable), new source performance standards, and toxic substances emission effluent limitations, does not contravene any ambient air or water quality standard, and has no other materially adverse effect on the environment, the Secretary will certify that the project will have a materially favorable impact on the environment, or will prevent or diminish materially the impact of the pollution which would otherwise occur.  Issuance to the operator of the proposed project of valid wastewater discharge, air pollution control, water withdrawal permits and any other major permits determined by the Secretary to be required for the project, or determination by EHNR that such permits would not be required for a specific operation, may be considered as compelling proof that the environmental impact of a project has been duly considered.

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988.

 

15A NCAC 01D .0304       RESPONSIBILITY FOR PROVIDING INFORMATION

 

History Note:        Authority G.S. 159C‑7;

Eff. June 16, 1977;

Amended Eff. March 1, 1990; July 1, 1988;

Expired Eff. May 1, 2017 pursuant to G.S. 150B-21.3A.

 

 

 

SUBCHAPTER 1E ‑ OIL REFINING FACILITY PERMITS

 

section .0100 – general information

 

This Subchapter 1E of Title 15A of the North Carolina Administrative Code (T15A.01E); OIL REFINING FACILITY PERMITS; has been transferred and recodified from Subchapter 1F of Title 15 of the North Carolina Administrative Code (T15.01F), effective November 1, 1989.

 

15A NCAC 01E .0101       PURPOSE

The purpose of this Subchapter is to establish procedures and standards under which permits for the construction and operation of oil refining facilities will be issued or denied.  The permit decision is based on a full and fair discussion and assessment of effects which the refinery will or may have on the environment.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0102       DEFINITIONS

As used in this Subchapter, unless the context otherwise requires:

(1)           "Act" means the Oil Pollution and Hazardous Substances Control Act, Article 21A, Chapter 143, General Statutes.

(2)           "Director" means the Director of the Division of Environmental Management.

(3)           "Construction" means:

(a)           construction and operation of a new oil refining facility;

(b)           substantial enlargement and operation of an existing oil refining facility; or

(c)           substantial change in the physical separation or chemical reaction process of an existing oil refining facility and operation of such facility.

(4)           "Environment" means man's total physical environment including but not limited to wildlife; freshwater, estuarine or marine fisheries; air quality; water quality; and publicly‑owned parks, forests, or recreation areas.

(5)           "Oil refining facility" means any facility of any kind and related appurtenances located in, on, or under the surface of any land, or water, including submerged lands, which is used or capable of being used for the purpose of refining oil.  The term "related appurtenances" includes pipelines.

(6)           "Publicly owned parks, forests, or recreation areas" means lands, including beaches, shorelines, and submerged lands, and waters:

(a)           which are owned or controlled by a governmental body for purposes of conservation of natural resources, public recreation, or general public use; or

(b)           which the public has a right to use for recreation or as a part of the natural environment.

(7)           "Wildlife" means wild animals and plants.

 

History Note:        Authority G.S. 143‑215.77; 143‑215.101;

Eff. June 16, 1980;

Amended Eff. July 1, 1988; October 1, 1984.

 

15A NCAC 01E .0103       OIL REFINING FACILITY PERMIT REQUIRED

(a)  No person shall construct or operate an oil refining facility unless and until such person applies for and obtains an oil refining facility permit under these Rules.  However, any person who is operating an oil refining facility on the effective date of these Rules and who applies for an oil refining facility permit within 60 days of the effective date of these Rules, unless that time is extended by the Assistant Secretary pursuant to Rule .0013 of this Subchapter, may continue to operate without a permit until a final agency decision to issue or deny the permit is made and until judicial review, if any, of that decision is completed.

(b)  The director shall determine upon request or upon his own initiative whether a proposed enlargement or process change is substantial.  In making that determination, he shall consider relevant factors including, but not limited to:

(1)           the number of employees which the enlargement or process change will add to the facility's permanent work force; and

(2)           the character and volume of the changes which will or may occur in the facility's process, products, by‑products, discharges, and emissions; and

(3)           the change in oil refining capacity which the facility will be designed to handle after its enlargement or process change.

 

History Note:        Authority G.S. 143‑215.100; 143‑215.101; 143B‑10;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0104       PERMIT APPLICATION REQUIREMENTS

(a)  An application for a permit shall be in writing and shall be transmitted to the director at the following address:

Director, Division of Environmental Management

North Carolina Department of Environment, Health,

and Natural Resources

P.O. Box 27687

Raleigh, North Carolina  27611

(b)  An application shall be made by and in the names of all persons who will be owners or operators of a proposed oil refining facility or who are owners or operators of an existing facility.

(c)  To apply for an oil refining facility permit, a person or persons shall submit to the director an application which shall contain all of the following 16 elements:

(1)           A cover sheet, which shall not exceed one page and which shall include:

(A)          the title, APPLICATION FOR PERMIT TO CONSTRUCT OR OPERATE AN OIL REFINING FACILITY; and

(B)          a short statement of the activity for which the permit is sought (i.e., construction and operation, operation, enlargement and operation, or process change and operation) and the name and location of the oil refining facility involved; and

(C)          the complete name, address, and telephone number of each applicant; and

(D)          the date of the application; and

(E)           the name, address, and telephone number of the employee or agent of the applicant who can supply further information; and

(F)           an abstract of the assessment of the effects which the construction or operation of the oil refining facility will have on the environ­ment.

(2)           A table of contents.

(3)           A description of each applicant's interest in the ownership or role in the operation of the oil refining facility.

(4)           A description of each applicant's experience in the engineering, design, construction, and operation of oil refining facilities.

(5)           A description of any civil or criminal penalty assessment, any criminal conviction, or any prior or pending civil litigation or administrative proceeding relating to environmental activities or related to the applicant's financial condition.

(A)          which arose out of the construction or operation of an oil refining facility by the applicant or by a person holding a substantial interest in the applicant; and

(B)          which involves alleged violations by the applicant or interest holder of federal or any state's laws concerning the environment.

(6)           A description of each applicant's financial condition.

(7)           A description of the proposed or existing oil refining facility, including but not limited to a description of the following aspects of the facility's operation:

(A)          kind of refining process;

(B)          refining capacity;

(C)          kind, character, and volume of raw materials, and the source(s) of their supply;

(D)          kind, character, and volume of products;

(E)           kind, character, and volume of by‑products;

(F)           kind, character, and volume of effluent discharges to waters or lands of the State;

(G)          kind, character, and volume of emissions to air;

(H)          number of persons in the facility's permanent work force; and

(I)            cost of construction of the facility.

(8)           If construction is involved, a description of the construction process and the applicant's estimate of the timetable for that process.

(9)           Two sets of most current reports, drawings, maps, plans, and specifications concerning the location, construction, and operation of the oil refining facility, in such detail as the Assistant Secretary deems necessary to decide to issue or deny the permit.

(10)         A description of the transfer of oil to and from the oil refining facility, including but not limited to a statement of the amount and kind of vessel traffic which the facility's operation does or will generate.

(11)         Two sets of the most current reports, drawings, maps, plans, specifications, and other information concerning the transfer of oil (including but not limited to vessel characteristics and ownership, vessel navigation to and from the facility, oil loading equipment, and pipelines) in such detail as the Assistant Secretary deems necessary to decide to issue or deny the permit.

(12)         A listing of the effects which interested or affected persons have indicated are of substantial concern to them and which the oil refining facility will or may have on the environment.

(A)          To prepare such a listing, the applicant shall make diligent efforts:

(i)            to inform about the facility those persons whom the facility will or may interest or affect; and

(ii)           to discover their concerns about the effects of the facility and their suggestions for meeting those concerns.

The applicant may coordinate his efforts in this regard with similar efforts required of him by other statutes or regulations, federal or state, so as to reduce duplication of effort.

(B)          In the case of an initial permit application for an oil refining facility which is operating on the effective date of these Rules, this Subparagraph (12) of the application will not be required.

(13)         A list of state and federal environmental quality permits for which the applicant has applied or will apply, the date on which each application was or is expected to be submitted to the appropriate authority, and the current status of each application or permit.

(14)         An analysis of the effects which construction or operation of the facility, including but not limited to the transfer of oil to and from the facility; will or may have on the environment.

(A)          The applicant shall include in such analysis a description of the environment as it exists at the time the application is filed.

(B)          The applicant shall address in such analysis the relationship of people with the specified parts of the natural and physical environ­ment.  Therefore, if the construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will or may have a primary effect on the environment, the applicant shall address the secondary effects on public health, safety, and welfare which will or may result from those primary effects.  Those secondary effects shall include but not be limited to social, economic, aesthetic, historic, and cultural effects.

(15)         The applicant's proposals for avoiding or minimizing the adverse effects of the construction and operation of the oil refining facility and the transfer of oil to and from the facility on the environment and proposals for enhancing the quality of the environment.  The applicant's proposals shall include but not be limited to:

(A)          a description of the procedures, methods, means, and equipment, including but not limited to those relating to vessel navigation and design, which the applicant will use to prevent any discharges to the waters or lands of the State; and

(B)          a description of the procedures, methods, means, and equipment by which the applicant will detect and report discharges; and

(C)          a description of the procedures, methods, means, and equipment which the applicant will use in the containment, removal, and cleaning up of discharges and in the restoration of any lands or waters affected by a discharge.

(16)         A list of the names of the persons who were primarily responsible for preparing the application or any part thereof, together with their qualifications, including but not limited to their expertise, experience, and professional disciplines.  Where possible, the persons who were responsible for a particular analysis shall be identified.

(d)  In fulfillment or partial fulfillment of any requirement of Paragraph (c) of this Rule, the applicant may adopt an oil refining facility permit application or portion thereof which any applicant has previously filed.  The adopted application or portion thereof must meet the standards for an adequate and complete application under these Rules.

(e)  The director shall determine the adequacy and completeness of the submitted application.

(f)  The applicant shall supply such other information as the director deems necessary to decide to issue or deny the permit.

 

History Note:        Authority G.S. 143‑215.84; 143‑215.101; 143‑215.102;

Eff. June 16, 1980;

Amended Eff. March 1, 1990; August 1, 1988; October 1, 1984.

 

15A NCAC 01E .0105       PERMIT APPLICATION PROCEDURE

(a)  Upon receipt of an application for an oil refining facility permit, the director shall determine whether the application contains the necessary parts and whether the content and detail of those parts is sufficient to enable him to decide to issue or deny the permit.  If the application is incomplete, the director shall within 30 days of its receipt describe in writing to the applicant how the application is incomplete.  The applicant shall submit such additional information relating to the oil refining facility as the director deems necessary.  If the application is complete, the director shall so advise the applicant in writing within 30 days of its receipt.

(b)  Within 45 days of receiving a complete application, the director shall give notice of the application and of a public hearing to be held pursuant to Rule .0006 of this Subchapter to all of the following state agencies and other persons:

(1)           the North Carolina Coastal Resources Commission;

(2)           the North Carolina Department of Economic and Community Development;

(3)           the North Carolina Commercial and Sports Fisheries Committee;

(4)           the North Carolina Department of Cultural Resources;

(5)           the North Carolina Environmental Management Commission;

(6)           the North Carolina Forestry Council;

(7)           the North Carolina Department of Human Resources;

(8)           the North Carolina Marine Fisheries Commission;

(9)           the North Carolina Parks and Recreation Council;

(10)         the North Carolina Department of Transportation;

(11)         the North Carolina State Ports Authority;

(12)         the North Carolina Wildlife Resources Commission;

(13)         the Boards of County Commissioners for the county in which the oil refining facility is located or is proposed to be located and for contiguous counties;

(14)         the governing body of any incorporated municipality within 50 miles of the oil refining facility;

(15)         any person whose name is on the mailing list required in Rule .0011 of this Subchapter;

(16)         any owner of real property which is contiguous to the site of the oil refining facility; and

(17)         the applicant.

(c)  The notice which (b) of this Rule requires shall contain the following information:

(1)           The title "Notice of Application for Oil Refining Facility Permit," and a statement that the purpose of the notice is to obtain information, views, and arguments to assist the director in assessing the effects of the oil refining facility on the environment.

(2)           The name and address of the applicants and a brief description of the name, character, location, and capacity of the oil refining facility for which the permit is sought.

(3)           A summary of the analysis of effects submitted in the application as Subparagraph (14) of Rule .0004(c) of this Subchapter.

(4)           An invitation to persons who may be interested or affected by the facility to present, in writing or at the public hearing held pursuant to Rule .0006 of this Subchapter, their information, views, and arguments concerning the impacts of the construction and operation of the oil refining facility, including but not limited to the effects of the transfer of oil to and from the facility, on the environment.

(5)           A statement that written information, views, and arguments may be submitted to the director at a specified address at any time until 30 days after the close of the public hearing on the application.

(6)           An announcement of the date, time, and place of the public hearing held pursuant to Rule .0006 of this Subchapter.

(7)           A list of the state agencies which may review and comment on the application, and the date by which the agencies' comments should be submitted to the director.

(8)           The addresses and telephone numbers of two locations, one at the Department's offices in Raleigh and the other at a public location reasonably close to the site or proposed site of the oil refining facility, at which anyone may review the complete application.

(9)           A reference to the particular sections of the North Carolina General Statutes and the North Carolina Administrative Code applicable to the issuance or denial of oil refining facility permits.

(10)         A description of the nature of the hearing and the rules which will govern its conduct.

(11)         The name, address, and telephone number of a department official from whom additional information may be obtained.

(d)  The director shall arrange for the publication of the notice in a regularly published newspaper of general circulation:

(1)           in the county containing the site of the oil refining facility; and

(2)           in contiguous counties; and

(3)           in at least three different parts of the State.  Publication shall occur at least 30 days before the hearing.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. March 1, 1990; July 1, 1988; October 1, 1984.

 

15A NCAC 01E .0106       PUBLIC HEARING ON PERMIT APPLICATION

(a)  The director shall hold a public hearing at which any person will be given a reasonable opportunity to present information, views, and arguments concerning the contents of the application and the effects of the construction and operation of the oil refining facility, including but not limited to the effects of the transfer of oil to and from the facility, on the environment.

(b)  The hearing shall be held between 45 and 60 days after the date of the notice required by Rule .0005(b) of this Subchapter.  If the director deems it necessary, he may arrange for the sending or publication of a second, abbreviated notice shortly before the hearing.

(c)  The state agencies listed in Rule .0005(b) of this Subchapter may comment on the effects which construction or operation of an oil refining facility will or may have on the environment and in so doing should address matters within their jurisdiction, authority, or expertise.  An agency may reply that it has no comment.  Agencies must submit any comments within the time period specified for comment in the notice.

(d)  The hearing shall be held in the county where the oil refining facility for which the applicant seeks a permit is located or is proposed to be located, unless the director finds and directs that, for reasons of public convenience, it should be held elsewhere.

(e)  The hearing shall be informational in nature and shall not be a contested case as defined in G.S. 150A‑2(2).  The director shall hold the hearing or appoint a hearing officer to do so.  The person holding the hearing has the authority to set reasonable guidelines for the hearing, including but not limited to the length of the hearing and the length of time a person may speak.

(f)  The record of the hearing shall be open for written submissions until 30 days after the close of hearing.  Any oral or written information, views, and arguments offered at the hearing and any further written information, views, and arguments submitted within 30 days after the close of the hearing shall be made part of the record of the hearing.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0107       DECISION TO ISSUE OR DENY PERMIT

(a)  Within 45 days of the last day for submitting information, views, and arguments about the permit application, the director shall issue or deny the oil refining facility permit.

(b)  In deciding to issue or deny the permit, the director shall consider:

(1)           the permit application and supporting documents;

(2)           the information, views, and arguments which have been submitted during the permit process;

(3)           all facts of which judicial notice may be taken; and

(4)           other facts within the specialized knowledge of the Department.

(c)  The director shall base his decision on the effects which the construction or operation of the oil refining facility, including the transfer of oil to and from the facility, will or may have on the environment.  In evaluating those effects, the director shall consider the relationship of people with the specified parts of the natural and physical environment.  This means that, if the construction or operation of the oil refining facility, including the transfer of oil to and from the facility, will or may have a primary effect on the environment, the director shall consider the secondary effects on public health, safety and welfare, including but not limited to social, economic, aesthetic, historic, and cultural effects, which will or may result from those primary effects.

(d)  The director shall deny the permit upon a finding that:

(1)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will have substantial adverse effects on wildlife or on freshwater, estuarine, or marine fisheries; or

(2)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will violate standards of air or water quality promulgated or administered by the Environmental Management Commission; or

(3)           The construction or operation of the oil refining facility, including but not limited to the transfer of oil to and from the facility, will have a substantial adverse effect on a publicly owned park, forest, or recreation area.

(e)  In the absence of a finding described in (d) of this Rule, the director shall issue the permit.

(1)           The director shall impose on any permit he issues the following terms and conditions:

(A)          The permit shall not be effective until the applicant has obtained the permits required by G.S. 143‑215.1, entitled "Control of sources of water pollution; permits required," and G.S. 143‑215.108, entitled "Control of sources of air pollution; permits required."  When the necessary water and air pollution control permits have been obtained by the applicant, the director upon the applicant's request shall confirm the effective date of the oil refining facility permit.

(B)          The applicant, on February 1 of each year following the year in which the applicant's permit became effective, shall submit to the director a description of the following aspects of the facility's operation as of that date:

(i)            as they are listed in Rule .0004(c)(7) (A), (B), (C), (D), (E), (F), (G), and (H); and

(ii)           transfer of oil to and from the facility, including but not limited to a statement of the amount and kind of vessel traffic which the facility's operation does or will generate.

Further, the applicant, in making this annual report, may adopt an oil refining facility permit application or portion thereof which the applicant has previously filed.  The adopted application or portion thereof must meet the standards for an adequate response to this permit term.  The applicant shall submit additional information about the facility's operation if the director deems it necessary and requests it.

(2)           The director has the authority to impose any additional terms and conditions on the permit which he deems necessary and appropriate to effectuate the purposes of the Act, including but not limited to terms and conditions requiring the installation of such facilities and the employment of such protective measures and operating procedures as he deems reasonable and necessary to prevent, contain, and remove any discharges to the waters or lands of the State, and to restore, restock, and replenish said waters or lands.

 

History Note:        Authority G.S. 143‑215.1; 143‑215.101; 143‑215.108;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0108       SUSPENSION: REVOCATION: OR AMENDMENT OF PERMITS

(a)  The director may suspend, revoke, or amend the permittee's oil refining facility permit if:

(1)           a permittee violates any provision of the Act, or any rule, regulation, or order made pursuant to Part 4 of the Act, entitled "Oil Refining Facility Permits," or any provision, term, or condition of the permit; or

(2)           a permittee intentionally misrepresented or failed to disclose material facts which were required to be included in the application.

(b)  The director may, on a continuing basis, amend the permit to impose such terms and conditions thereon as he deems necessary and appropriate to effectuate the purposes of the Act.

(c)  G.S. 150B‑3, entitled "Special Provisions on Licensing," shall apply to any suspension, revocation, or amendment of a permit.

 

History Note:        Authority G.S. 143‑215.101; 150B‑3;

Eff. June 16, 1980;

Amended Eff. July 1, 1988; October 1, 1984.

 

15A NCAC 01E .0109       ADMINISTRATIVE HEARINGS: FINAL DECISION BY SECRETARY

(a)  Any person aggrieved, as that term is defined by G.S. 150B‑2(6), by the director's decision to issue, deny, suspend, revoke, or amend an oil refining facility permit shall have an opportunity for an administrative hearing.

(b)  Procedures for such a hearing shall be as set forth in 15A NCAC 1B .0200, "Hearing Procedures for Contested Cases," and Article 3 of Chapter 150B of the General Statutes.

(c)  The Secretary shall make the final decision concerning the issuance, denial, suspension, revocation, or amendment of a permit in contested cases.

 

History Note:        Authority G.S. 143‑215.101; 150B‑23 through 150B‑37;

Eff. June 16, 1980;

Amended Eff. July 1, 1988; October 1, 1984.

 

15A NCAC 01E .0110       SEVERABILITY

If any provision of this Subchapter or its application to any person or circumstance is held invalid, such invalid provision or application shall not affect the validity of other provisions or applications of this Subchapter; and to this end the provisions of this Subchapter are declared to be severable.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980.

 

15A NCAC 01E .0111       MAILING LIST

The director shall establish and maintain a mailing list of all persons desiring to receive any notices required by this Subchapter, and notices required to be given shall be given to all such persons whose names are on this mailing list.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0112       FEES

The director may charge a reasonable fee to recover costs incurred in supplying copies of any application or other materials described in this Subchapter.

 

History Note:        Authority G.S. 7A‑308(12); 132‑6; 143‑215.101;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0113       EXTENSIONS OF TIME PERIODS

The director may extend any of the time periods prescribed by this Subchapter.  Such an extension shall not exceed 15 days.

 

History Note:        Authority G.S. 143‑215.101;

Eff. June 16, 1980;

Amended Eff. October 1, 1984.

 

15A NCAC 01E .0114       DELEGATIONS

The secretary hereby delegates to the director the authority to issue, deny, suspend, revoke, or amend oil refining facility permits, except that the secretary retains the authority to make the final agency decision in contested cases as applied by 15A NCAC 1B .0200 ‑ Contested Case Procedures.

 

History Note:        Authority G.S. 143‑215.100; 143‑215.101; 143B‑10; 150B‑2(2);

Eff. October 1, 1984.

 

 

 

SUBCHAPTER 01F ‑ TAX CREDIT CERTIFICATION OF REAL PROPERTIES DONATED FOR CONSERVATION PURPOSES

 

This Subchapter 1F of Title 15A of the North Carolina Administrative Code (T15A.01F); TAX CREDIT CERTIFICATION OF REAL PROPERTIES DONATED FOR CONSERVATION PURPOSES; has been transferred and recodified from Subchapter 1G of Title 15 of the North Carolina Administrative Code (T15.01G), effective November 1, 1989.

 

15A NCAC 01F .0101        PURPOSE AND SCOPE

15A NCAC 01F .0102        DEFINITIONS

15A NCAC 01F .0103        PARTICIPATING DIVISIONS

15A NCAC 01F .0104        APPLICATION: CERTIFICATION

15A NCAC 01F .0105        TIMING

15A NCAC 01F .0106        RECONSIDERATION OF APPLICATION

 

History Note:        Authority G.S. 105-151.12; 105‑151.12(a); 105-130.9; 105‑130.34; 105-147(15); 105-147(16); 143B-276; 143‑279.2;

Eff. November 1, 1984;

Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); March 1, 1990; July 1, 1988;

Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

 

 

SUBCHAPTER 1G ‑ RESOLUTION OF SUBMERGED LANDS CLAIMS

 

This Subchapter 1G of Title 15A of the North Carolina Administrative Code (T15A.01G); RESOLUTION OF SUBMERGED LANDS CLAIMS; has been transferred and recodified from Subchapter 1H of Title 15 of the North Carolina Administrative Code (T15.01H), effective November 1, 1989.

 

SECTION .0100 ‑ INTRODUCTION AND DELEGATIONS

 

15A NCAC 01G .0101       INTRODUCTION

15A NCAC 01G .0102       DEFINITIONS

15A NCAC 01G .0103       DELEGATION OF AUTHORITY TO DIRECTOR

 

History Note:        Authority G.S. 113‑205; 113‑206(f); 143B‑10(a);

Eff. June 1, 1986;

Amended Eff. March 1, 1990; October 1, 1987;

Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.

SECTION .0200 - RESOLUTION PROCEDURES

 

15a ncac 01g .0201       APPLICATION OF RESOLUTION PROCEDURE

15A NCAC 01G .0202       INITIAL REVIEW OF CLAIM

15A NCAC 01G .0203       LETTER OF NOTIFICATION

15A NCAC 01G .0204       RESPONSE TO LETTER OF NOTIFICATION

15A NCAC 01G .0205       FOLLOW-UP TO UNSERVED NOTIFICATION

15A NCAC 01G .0206       CLAIMS DEEMED COMPLETE

15A NCAC 01G .0207       CLAIM DETERMINATION

 

History Note:        Authority G.S. 113-205; 113-206(f); 143B-10(a);

Eff. June 1, 1986;

Amended Eff. October 1, 1987;

Repealed Eff. August 1, 2012.

 

SECTION .0300 - STATE POLICIES

 

15A NCAC 01G .0301       INTRODUCTION

15A NCAC 01G .0302       FILLED LANDS

15A NCAC 01G .0303       PRIVATELY OWNED BEDS

15A NCAC 01G .0304       MARSHLANDS AND SWAMPLANDS

15A NCAC 01G .0305       LIMITED RIGHTS

 

History Note:        Authority G.S. 1-35; 113-205; 113-206; 113-206(f); 143B-10(a); 146-6; 146-20.1;

Eff. June 1, 1986;

Repealed Eff. August 1, 2012.

 

 

 

SUBCHAPTER 01H ‑ FEDERAL FUNDS: TURTLE EXCLUDER DEVICES

 

This Subchapter 1H of Title 15A of the North Carolina Administrative Code (T15A.01H); FEDERAL FUNDS: TURTLE EXCLUDER DEVICES; has been transferred and recodified from Subchapter 1I of Title 15 of the North Carolina Administrative Code (T15.01I), effective November 1, 1989.

 

SECTION .0100 – GENERAL INFORMATION

 

15A NCAC 01H .0101       SCOPE AND PURPOSE

15A NCAC 01H .0102       ELIGIBILITY STANDARDS

15A NCAC 01H .0103       REQUIREMENTS TO RECEIVE REIMBURSEMENT FOR TED PURCHASE

 

History Note:        Authority G.S. 113-163; 113‑181; 113‑226; 143B‑277; 150B‑13;

Temporary Rule Eff. February 16, 1988 for a Period of 180 Days to Expire on August 14, 1988;

Eff. October 1, 1988;

Pursuant to G.S. 150B-21.3A, rules Expired January 1, 2015.

 

 

SUBCHAPTER 01I ‑ FOREST PRACTICES GUIDELINES RELATED TO WATER QUALITY

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

15A NCAC 01I .0101         INTRODUCTION AND PURPOSE (Transferred to 02 NCAC 60C .0101 Eff. april 1, 2014)

15A NCAC 01I .0102         DEFINITIONS (transferred to 02 NCAC 60c .0102 eff. april 1, 2014)

 

SECTION .0200 ‑ PERFORMANCE STANDARDS

 

15A NCAC 01I .0201         STREAMSIDE MANAGEMENT ZONE (transferred to 02 NCAC 60C .0201 Eff. April 1, 2014)

 

15A NCAC 01I .0202         PROHIBITION OF DEBRIS ENTERING STREAMS AND WATERBODIES (transferred to 02 NCAC 60C .0202 Eff. April 1, 2014)

 

15A NCAC 01I .0203         ACCESS ROAD AND SKID TRAIL STREAM CROSSINGS (Transferred to 02 NCAC 60C .0203 Eff. Aprl 1, 2014)

 

15A NCAC 01I .0204         ACCESS ROAD ENTRANCES (Transferred to 02 NCAC 60C .0204 Eff. April 1, 2014)

 

15A NCAC 01I .0205         PROHIBITION/WASTE ENTERING STREAMS/WATERBODIES/GROUNDWATER

(Transferred to 02 NCAC 60C .0205 Eff. April 1, 2014)

 

15A NCAC 01I .0206         PESTICIDE APPLICATION (transferred to 02 NCAC 60C .0206 Eff. April 1, 2014)

 

15A NCAC 01I .0207         FERTILIZER APPLICATION (Transferred to 02 NCAC 60C .0207 Eff. April 1, 2014)

 

15A NCAC 01I .0208         STREAM TEMPERATURE (transferred to 02 NCAC 60c .0208 Eff. April 1, 2014)

 

15A NCAC 01I .0209         REHABILITATION OF PROJECT SITE (transferred to 02 NCAC 60c .0209 Eff. April 1, 2014)

 

 

 

SUBCHAPTER 01J ‑ STATE CLEAN WATER REVOLVING LOAN AND GRANT PROGRAM

 

Editor's Note:        This Subchapter 01J of Title 15A of the North Carolina Administrative Code (T15A.01J); STATE CLEAN WATER REVOLVING LOAN AND GRANT PROGRAM; has been transferred and recodified from Subchapter 3L of Title 9 of the North Carolina Administrative Code (T09.03L), effective December 5, 1991.

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

15a ncac 01j .0101        purpose

15a ncac 01j .0102        definitions

 

History Note:        Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rule .0102);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988 (Rule .0101);

ARRC Objection March 17, 1988;

Authority G.S. 159G‑3; 159G‑15;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rule .0102); July 1, 1992 (Rule .0102);

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Repealed Eff. September 1, 2006.

 

SECTION .0200 ‑ ELIGIBILITY REQUIREMENTS

 

15a ncac 01j .0201        eligible project costs

15A ncac 01j .0202        grants from the high-unit cost accounts

15a ncac 01j .0203        grants from the general revolving loan and grant accounts

15a ncac 01j .0204        loans from the emergency revolving loan accounts

15a ncac 01j .0205        determination of eligibility

 

History Note:        Authority G.S. 159G‑3(4); 159G‑6(a)(2); 159G‑6(b)(2); 159G‑6(b)(3);159G‑6(c)(2); 159G‑6(c)(3); 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rule .0201);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to ambiguity Eff. June 18, 1992 (Rule .0204);

Temporary Amendment Eff. March 31, 1999 (Rule .0202);

Amended Eff. August 1, 2000 (Rule .0202); July 1, 1994 (Rule .0201); July 24, 1992 (Rule .0204);

Repealed Eff. September 1, 2006.

 

SECTION .0300 ‑ APPLICATIONS

 

15A NCAC 01J .0301        APPLICATION FILING DEADLINES

15A NCAC 01J .0302        GENERAL PROVISIONS

15A NCAC 01J .0303        FILING OF REQUIRED SUPPLEMENTAL INFORMATION

15A NCAC 01J .0304        APPLICATIONS FOR EMERGENCY LOANS

 

History Note:        Authority G.S. 159G‑6(b)(3); 159G‑6(c)(3); 159G‑8; 159G‑9; 159G-10; 159G‑10(a); 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rules .0303 - .0304);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to lack of clarity and concisement in Paragraph (d) Eff. July 18, 1992 (Rule .0302);

Amended Eff. July 1, 1994 (Rules .0303 - .0304); July 24, 1992 (Rule .0302); July 1, 1992 (Rules .0301 and .0304);

Temporary Amendment Eff. September 24, 1999 (Rule .0301); March 31, 1999 (Rule .0302);

Temporary Amendment Expired on July 11, 2000;

Amended Eff. August 1, 2000 (Rule .0303); July 1, 1994 (Rule .0304); July 24, 1992 (Rule .0302); July 1, 1992 (Rule .0302);

Repealed Eff. September 1, 2006.

 

SECTION .0400 ‑ CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS

 

15A NCAC 01J .0401        GENERAL CRITERIA

15A NCAC 01J .0402        CRITERIA FOR PLANNING AND WATER CONSERVATION

15A NCAC 01J .0403        CRITERIA FOR GRANT INCREASES

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rule .0402);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rule .0402); July 1, 1992 (.0401);

Temporary Amendment Eff. October 23, 1997 (Rules .0401 and .0402);

Amended Eff. August 1, 1998 (Rules .0401 and .0402);

Temporary Amendment Eff. March 31, 1999 (Rule .0402);

Amended Eff. August 1, 2000 (Rule .0402);

Repealed Eff. September 1, 2006.

 

SECTION .0500 ‑ PRIORITY CRITERIA FOR WASTEWATER TREATMENT WORKS PROJECTS

 

15A NCAC 01J .0501        WATER POLLUTION CONTROL NEEDS

 

History Note:        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;

Filed as a Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑10; 159G‑15;

Eff. August 1, 1988;

Repealed Eff. July 1, 1994.

 

15A NCAC 01J .0502        APPLICABLE CONDITIONS

15A NCAC 01J .0503        FINANCIAL NEED OF APPLICANT

15A NCAC 01J .0504        FISCAL RESPONSIBILITY OF THE APPLICANT

15A NCAC 01J .0505        PROPERTY ACQUISITION

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rules .0502, .0503, and .0505);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rules .0502, .0503, and .0505);

Temporary Amendment Eff. March 31, 1999 (Rules .0502 and .0504);

Amended Eff. August 1, 2000 (Rule .0502 and .0504);

Repealed Eff. September 1, 2006.

 

section .0600 – priority criteria for wastewater collection system projects

 

15A NCAC 01J .0601        PUBLIC NEED

15A NCAC 01J .0602        PUBLIC HEALTH NEED

15A NCAC 01J .0603        FINANCIAL NEED OF THE APPLICANT

15A NCAC 01J .0604        FISCAL RESPONSIBILITY OF THE APPLICANT

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner(Rules .0602 and .0603);

Eff. August 1, 1988;

Amended Eff. September 1, 1994 (Rule .0601); July 1, 1994 (Rules .0602 and .0603);

Temporary Amendment Eff. March 31, 1999 (Rules .0601 and .0604);

Amended Eff. August 1, 2000 (Rules .0601 and .0604);

Repealed Eff. September 1, 2006.

 

15A NCAC 01J .0605        FINANCING OF THE PROJECT

 

History Note:        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;

Filed as a Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑10; 159G‑15;

Eff. August 1, 1988;

Repealed Eff. July 1, 1994.

 

15A NCAC 01J .0606        PROPERTY ACQUISITION

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994;

Repealed Eff. September 1, 2006.

 

section .0700 – PRIORITY CRITERIA FOR WATER SUPPLY SYSTEMS PROJECTS

 

15A NCAC 01J .0701        PUBLIC NECESSITY: HEALTH: SAFETY AND WELFARE

15A NCAC 01J .0702        PROJECT PLANNING

15A NCAC 01J .0703        FINANCIAL CONSIDERATIONS

15A NCAC 01J .0704        ENVIRONMENTAL ASSESSMENT

 

History Note:        Authority G.S. 159G‑10; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rules .0701, .0702, and .0703);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

RRC Objection due to clarity Eff. June 18, 1992 (Rule .0701);

Amended Eff. July 1, 1992 (Rules .0702 and .0703);

RRC objection due to ambiguity Eff. June 16, 1994 (Rule .0701);

Amended Eff. August 1, 1994 (Rule .0701); July 1, 1994 (Rules .0702 and .0703); July 24, 1992 (Rule .0701);

Temporary Amendment Eff. March 31, 1999 (Rules .0701 and .0703);

Amended Eff. August 1, 2000 (Rules .0701 and .0703);

Repealed Eff. September 1, 2006.

 

SECTION .0800 ‑ PRIORITY REVIEW PERIODS: ASSIGNMENT OF PRIORITIES

 

15A NCAC 01J .0801        PRIORITY REVIEW PERIODS

15A NCAC 01J .0802        ASSIGNMENT OF PRIORITIES

15A NCAC 01J .0803        ASSIGNMENT OF CATEGORY TO WASTEWATER APPLICATIONS

 

History Note:        Authority G.S. 159G‑10; 159G‑12; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988 (Rules .0801 and .0803);

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rules .0802 and .0803);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (rules .0802 and .0803); July 1, 1992 (Rule .0803);

Temporary Amendment Eff. March 31, 1999 (Rule .0803);

Amended Eff. August 1, 2000 (Rule .0803);

Repealed Eff. September 1, 2006.

 

SECTION .0900 ‑ LOAN AND GRANT AWARD AND COMMITMENT: DISBURSEMENT OF LOANS AND GRANTS

 

15A NCAC 01J .0901        DETERMINATION OF LOAN AND GRANT AWARDS

15A NCAC 01J .0902        CERTIFICATION OF ELIGIBILITY

15A NCAC 01J .0903        CRITERIA FOR LOAN ADJUSTMENTS

15A NCAC 01j .0904        DISBURSEMENT OF LOANS AND GRANTS

 

History Note:        Authority G.S. 159G‑10; 159G‑12; 159G‑15;

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rules .0901 and .0904);

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994 (Rules .0901 and .0904); July 1, 1992 (Rules .0902, .0903, and .0904);

Temporary Amendment Eff. March 31, 1999 (Rule .0904);

Amended Eff. August 1, 2000 (Rules .0903 and .0904);

Repealed Eff. September 1, 2006.

 

15A NCAC 01J .0905        PROJECT ADMINISTRATIVE CLOSEOUT

 

History Note:        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. 159G‑12; 159G‑15;

Eff. July 1, 1992;

Repealed Eff. July 1, 1994.

 

SECTION .1000 ‑ LOAN REPAYMENTS

 

15A NCAC 01J .1001        INTEREST RATES

15A NCAC 01J .1002        REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS

 

History Note:        Authority G.S. 159G‑4(c); 159G‑13; 159G‑15; 159G‑18;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rule .1002);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994; July 1, 1992 (Rule .1002);

Repealed Eff. September 1, 2006.

 

SECTION .1100 ‑ INSPECTION AND AUDIT OF PROJECTS

 

15A NCAC 01J .1101        INSPECTION

15A NCAC 01J .1102        AUDIT OF PROJECTS

 

History Note:        Authority G.S. 159G‑14; 159G‑15;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner (Rule .1101);

Temporary Rule Eff. February 2, 1988 for a period of 180 days to expire on August 1, 1988;

RRC Objection March 17, 1988;

Eff. August 1, 1988;

Amended Eff. July 1, 1994(Rule .1101);

Repealed Eff. September 1, 2006.

 

SECTION .1200 ‑ SEVERABILITY

 

15A NCAC 01J .1201        SEVERABILITY

 

History Note:        Filed as a Temporary Rule Eff. February 2, 1988 for a Period of 180 Days to Expire on August 1, 1988;

ARRC Objection March 17, 1988;

Authority G.S. 159G‑15;

Expired Eff. May 1, 1988.

 

SECTION .1300 ‑ FAILED LOW-PRESSURE PIPE SYSTEMS

 

15A NCAC 01J .1301        REVIEW PERIOD

15A NCAC 01J .1302        GRANT ELIGIBILITY

15A NCAC 01J .1303        DISTRIBUTION OF FUNDS

 

History Note:        Filed as a Temporary Rule Eff. September 8, 1994, for a period of 115 days to expire on January 1, 1995;

Authority G.S. 159G-10(a1);

Temporary Rule Expired Eff. January 1, 1995.

 

SECTION .1400 - GENERAL PROVISIONS

 

15A NCAC 01J .1401        PURPOSE

15A NCAC 01J .1402        DEFINITIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1500 - ELIGIBILITY REQUIREMENTS

 

15A NCAC 01J .1501        ELIGIBLE PROJECT COSTS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1600 - APPLICATIONS

 

15A NCAC 01J .1601        APPLICATION FILING

15A NCAC 01J .1602        GENERAL PROVISIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1700 - Common cRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS

 

15A NCAC 01J .1701        COMMON CRITERIA

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

Section .1800 - ASSIGNMENT OF CATEGORY TO WASTEWATER SYSTEM APPLICATIONS

 

15A NCAC 01J .1801        ASSIGNMENT OF CATEGORY TO WASTEWATER SYSTEM APPLICATIONS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .1900 - cRITERIA FOR EVALUATION OF WasteWater SYSTEM appLICATIONS

 

15A NCAC 01J .1901        EXISTING CONDITIONS

15A NCAC 01J .1902        WATER QUALITY IMPROVEMENT CRITERIA

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

section .2000 - PRIORITY CRITERIA FOR PUBLIC WATER SYSTEM PROJECTS

 

15A NCAC 01J .2001        PUBLIC NECESSITY:  HEALTH:  SAFETY AND WELFARE

15A NCAC 01J .2002        PROJECT PLANNING

15A NCAC 01J .2003        SOURCE WATER PROTECTION

 

History Note:        Authority G.S. 159G-4; 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .2100 – LOAN AND GRANT AWARD AND COMMITMENT: DISBURSEMENT OF LOANS AND GRANTS

 

15A NCAC 01J .2101        CRITERIA FOR LOAN ADJUSTMENTS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

SECTION .2200 - LOAN REPAYMENTS

 

15A NCAC 01J .2201        REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS

 

History Note:        Authority G.S. 159G-44;

Eff. September 1, 2006;

Repealed Eff. August 1, 2012.

 

 

 

SUBCHAPTER 01K - GROUNDWATER PROTECTION LOAN FUND

 

SECTION .0100 - PROGRAM SCOPE

 

15A NCAC 01K .0101       GENERAL

15A NCAC 01K .0102       APPLICABILITY

15A NCAC 01K .0103       DEFINITIONS

 

History Note:        Authority G.S. 143-215.94A; 143-215.94P; 143-215.94T; 143B-279.2;

Eff. December 1, 1992;

Repealed Eff. August 1, 2012.

SECTION .0200 - APPLICATION

 

15A NCAC 01K .0201       ELIGIBILITY

15A NCAC 01K .0202       APPLICATION PROCEDURES

 

History Note:        Authority G.S. 143-215.94C; 143-215.94P; 143-215.94T;

Eff. December 1, 1992;

Repealed Eff. August 1, 2012.

 

SECTION .0300 - LOAN ADMINISTRATION

 

15A NCAC 01K .0301       BANK ELIGIBILITY

15A NCAC 01K .0302       LOAN PROCESSING BY BANKS

15A NCAC 01K .0303       DUTIES OF THE LOAN FUND COORDINATOR

15A NCAC 01K .0304       LOAN APPROVAL CRITERIA

15A NCAC 01K .0305       DELINQUENT ACCOUNTS

 

History Note:        Authority G.S. 143-215.94O(g); 143-215.94P;

Eff. December 1, 1992;

Repealed Eff. August 1, 2012

 

SECTION .0400 - LOAN CONDITIONS

 

15A NCAC 01K .0401       LOAN ADMINISTRATION FEES AND COSTS

15A NCAC 01K .0402       INTEREST AND TERM

15A NCAC 01K .0403       ADDITIONAL CONDITIONS

15A NCAC 01K .0404       FUNDING OF LOAN

 

History Note:        Authority G.S. 143-215.94P; 143-215.94T;

Eff. December 1, 1992;

Temporary Amendment Eff. June 1, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. October 1, 1993;

Repealed Eff. August 1, 2012.

 

 

 

subchapter 01l – state clean water bond loan program

 

section .0100 – general provisions

 

15A NCAC 01L .0101       PURPOSE

15A NCAC 01L .0102       DEFINITIONS

 

History Note:        Authority S.L. 1998, c. 132, s. 10

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0200 ‑ ELIGIBILITY REQUIREMENTS

 

15A NCAC 01L .0201       ELIGIBLE PROJECT COSTS

15A NCAC 01L .0202       DETERMINATION OF ELIGIBILITY

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

15A NCAC 01l .0203       LIMITATION OF LOANS

 

History Note:        Filed as a Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority S.L. 1998, c. 132, s. 10;

Eff. July 1, 1994;

Temporary Repeal Eff. March 31, 1999;

Repealed Eff. August 1, 2000.

 

SECTION .0300 ‑ APPLICATIONS

 

15A NCAC 01L .0301       APPLICATION FILING DEADLINES

15A NCAC 01L .0302       GENERAL PROVISIONS

15A NCAC 01L .0303       FILING OF REQUIRED SUPPLEMENTAL INFORMATION

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Temporary Amendment Eff. September 24, 1999;

Temporary Amendment Expired on July 11, 2000;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0400 ‑ CRITERIA FOR EVALUATION OF ELIGIBLE APPLICATIONS

 

15A NCAC 01L .0401       GENERAL CRITERIA

 

History Note:        Authority 1993 S.L., c. 542, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0500 – PRIORITY CRITERIA FOR WASTEWATER WORKS PROJECTS

 

15A NCAC 01L .0501       APPLICABLE CONDITIONS

15A NCAC 01L .0502       FINANCIAL NEED OF APPLICANT

15A NCAC 01L .0503       FISCAL RESPONSIBILITY OF THE APPLICANT

15A NCAC 01L .0504       PROPERTY ACQUISITION

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Amendment Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0600 – PRIORITY CRITERIA FOR WASTEWATER COLLECTIONS SYSTEM PROJECTS

 

15A NCAC 01l .0601       PUBLIC NEED

15A NCAC 01L .0602       PUBLIC HEALTH NEED

15A NCAC 01L .0603       FINANCIAL NEED OF APPLICANT

15A NCAC 01L .0604       FISCAL RESPONSIBILITY OF THE APPLICANT

15A NCAC 01L .0605       PROPERTY ACQUISITION

 

History Note:        Authority G.S. 130A-2(3); S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

section .0700 – priority criteria for water supply systems projects

 

15A NCAC 01L .0701       PUBLIC NECESSITY: HEALTH: SAFETY AND WELFARE

15A NCAC 01L .0702       PROJECT PLANNING

15A NCAC 01L .0703       FINANCIAL CONSIDERATIONS

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

section .0800 – criteria for water conservation

 

15A NCAC 01L .0801       PLANNING AND WATER CONSERVATION

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0900 - PRIORITIES

 

15A NCAC 01L .0901       ASSIGNMENT OF PRIORITIES

15A NCAC 01L .0902       ASSIGNMENT OF CATEGORY TO WASTEWATER APPLICATIONS

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .1000 - LOAN AWARD, COMMITMENT, AND DISBURSEMENT

 

15A NCAC 01L .1001       DETERMINATION OF AWARD

15A NCAC 01L .1002       CERTIFICATION OF ELIGIBILITY

15A NCAC 01L .1003       CRITERIA FOR LOAN ADJUSTMENTS

15A NCAC 01L .1004       DISBURSEMENT OF LOANS

 

History Note:        Authority S.L. 1998, c. 132, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Temporary Amendment Eff. March 31, 1999;

Amended Eff. August 1, 2000;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .1100 ‑ LOAN REPAYMENTS

 

15A NCAC 01L .1101       INTEREST RATES

 

History Note:        Authority 1993 S.L., c. 542, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

15A NCAC 01L .1102       REPAYMENT OF PRINCIPAL AND INTEREST ON LOANS

 

History Note:        Filed as a Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Statutory Authority 1993 S.L., c. 542, s. 10;

Temporary Rule Expired.

 

SECTION .1200 - INSPECTION AND AUDIT

 

15A NCAC 01L .1201       INSPECTION

15A NCAC 01L .1202       AUDIT OF PROJECTS

 

History Note:        Authority 1993 S.L., c. 542, s. 10;

Temporary Rule Eff. March 8, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

 

 

SUBCHAPTER 1M - CERTIFICATION OF OPERATORS ORANIMAL WASTE MANAGEMENT SYSTEMS

 

 

 

SECTION .0100 - GENERAL PURPOSE/DEFINITIONS

 

 

15A NCAC 01M .0101      PURPOSE

15A NCAC 01M .0102      DEFINITIONS

 

History Note:        Authority G.S. 143-215.74C-E;

Temporary Adoption Eff. June 19, 1996;

Temporary Repeal Eff. January 7, 1997.

 

SECTION .0200 - DUTIES AND REQUIREMENTS

 

15A NCAC 01M .0201      DUTIES AND REQUIREMENTS OF OWNERS

15A NCAC 01M .0202      DUTIES AND REQUIREMENTS OF OPERATORS IN CHARGE

 

History Note:        Authority G.S. 143-215.74C-E;

Temporary Adoption Eff. June 19, 1996;

Temporary Repeal Eff. January 7, 1997.

 

SECTION .0300 - CERTIFICATION OF OPERATORS

 

15A NCAC 01M .0301      QUALIFICATIONS

15A NCAC 01M .0302      APPLICATION PROCEDURES

15A NCAC 01M .0303      EXAMINATION PROCEDURES

15A NCAC 01M .0304      RENEWAL OF CERTIFICATION

15A NCAC 01M .0305      REVOCATION, RELINQUISHMENT OR INVALIDATION OF CERTIFICATION

15A NCAC 01M .0306      RECERTIFICATION FOLLOWING REVOCATION OR RELINQUISHMENT

 

History Note:        Authority G.S. 143-215.74C-E;

Temporary Adoption Eff. June 19, 1996;

Temporary Repeal Eff. January 7, 1997.

 

 

 

SUBCHAPTER 01N - DRINKING WATER state revolving FUND RULES

 

SECTION .0100 - GENERAL PROVISIONS

 

15A NCAC 01N .0101       PURPOSE

15A NCAC 01N .0102       DEFINITIONS

15A NCAC 01N .0103       APPLICABLE PROCEDURES

 

History Note:        Authority G.S. 159G-22; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0200 - AVAILABILITY OF LOANS

 

15A NCAC 01N .0201       Availability of loans

15A NCAC 01N .0202       loans restrictions

15A NCAC 01N .0203       ADMINISTRATIVE EXPENSES

 

History Note:        Authority G.S. 159G-5; 159G-15; 159G-22; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008; August 1, 2004.

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0300 - ELIGIBILITY REQUIREMENTS

 

15A NCAC 01N .0301       DETERMINATION OF ELIGIBILITY

15A NCAC 01N .0302       ELIGIBLE PROJECTS

15A NCAC 01N .0303       ELIGIBLE PROJECT COSTS

 

History Note:        Authority G.S. 159G-1; 159G-5; 159G-22; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0400 – APPLICATIONS

 

15A NCAC 01N .0401       FILING DEADLINES

15A NCAC 01N .0402       APPLICATION PROCEDURES

 

History Note:        Authority G.S. 159G-22; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0500 - REVIEW AND ASSIGNMENT OF PRIORITIES

 

15A NCAC 01N .0501       PRIORITY REVIEW PERIOD

15A NCAC 01N .0502       ASSIGNMENT OF PRIORITIES

15A NCAC 01N .0503       INTENDED USE PLAN

 

History Note:        Authority G.S. 159G-5; 159G-15; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0600 - PRIORITY CRITERIA

 

15A NCAC 01N .0601       GENERAL CRITERIA

15A NCAC 01N .0602       PUBLIC HEALTH AND COMPLIANCE

15A NCAC 01N .0603       CONSOLIDATION

15A NCAC 01N .0604       RELIABILITY

15A NCAC 01N .0605       AFFORDABILITY

15A NCAC 01N .0606       SOURCE PROTECTION AND MANAGEMENT

 

History Note:        Authority G.S. 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. August 1, 2004;

Repealed Eff. February 1, 2008.

 

SECTION .0700 - AWARD, COMMITMENT AND DISBURSEMENT OF LOANS

 

15A NCAC 01N .0701       DETERMINATION OF AWARDS AND BYPASS PROCEDURES

15A NCAC 01N .0702       CERTIFICATION OF ELIGIBILITY

15A NCAC 01N .0703       CRITERIA FOR LOAN ADJUSTMENTS

15A NCAC 01N .0704       DISBURSEMENT OF LOANS

15A NCAC 01N .0705       TERMINATION OF LOANS

 

History Note;        Authority G.S. 159G-5; 159G-15; 159G-22; 159G-35; 159G-36; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008; August 1, 2004;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0800 - LOAN REPAYMENTS

 

15A NCAC 01N .0801       INTEREST RATES

15A NCAC 01N .0802       REPAYMENT OF PRINCIPAL AND INTEREST

 

History Note:        Authority G.S. 159G-5; 159G-15; 159G-22; 159G-35; 159G-44;

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

SECTION .0900 - INSPECTION AND AUDIT OF PROJECTS

 

15A NCAC 01N .0901        INSPECTION

15A NCAC 01N .0902       AUDIT

 

History Note:        Authority G.S. 159G-5; 159G-15; 159G-22(c);

Temporary Adoption Eff. January 31, 1998;

Eff. April 1, 1999;

Amended Eff. February 1, 2008;

Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.

 

 

 

subchapter 01o – environmental health

 

SectioN .0100 – delegation of authority to enforce the Commission for Public Health sanitation rules

 

15A NCAC 01O .0101       SCOPE OF DELEGATED AUTHORITY

No person shall act as an authorized agent of the state in enforcing the provisions of G.S. 130A and the rules of the Commission for Public Health, and the rules of the Environmental Management Commission, who is not a current employee of a local health department or the North Carolina Alliance of Public Health Agencies, registered with the North Carolina State Board of Sanitarian Examiners as a Registered Sanitarian or Sanitarian Intern and authorized pursuant to these Rules.  Except as provided in Rule .0105 of this Section, an authorization shall be valid only in the county or district served by the local health department which employs the agent.  There shall be eight areas of authorization to enforce the provisions of G.S. 130A and the rules of the Commission for Public Health found in 15A NCAC 18A and the rules of the Environmental Management Commission found in 15A NCAC 02C as follows:

(1)           Food, Lodging, and Institution Sanitation including the following:

(a)           .1000 Sanitation of Summer Camps;

(b)           .1300 Sanitation of Hospitals; Nursing and Rest Homes; Sanitariums, Sanitoriums; Educational and other Institutions;

(c)           .1500 Sanitation of Local Confinement Facilities;

(d)           .1600 Sanitation of Residential Care Facilities;

(e)           .1800 Sanitation of Lodging Establishments;

(f)            .2100 Rules Governing the Sanitation & Safety of Migrant Housing;

(g)           .2200 Sanitation of Bed and Breakfast Homes;

(h)           .2400 Sanitation of Public, Private, and Religious Schools;

(i)            .2600 Sanitation of Restaurants and Other Foodhandling Establishments;

(j)            .2700 Sanitation of Meat Markets; and

(k)           .3000 Bed and Breakfast Inns.

(2)           On-Site Wastewater, including the following:

(a)           .1900 Sewage Treatment and Disposal Systems;

(b)           .1603 and .1606, 1611(a) and (b) and .1613 Sanitation of Residential Care Facilities (Family Foster Homes); and

(c)           .2100 Rules Governing the Sanitation and Safety of Migrant Housing.

(3)           .2800 Sanitation of Child Care Centers.

(4)           .3100 Lead Poisoning Prevention in Children Program.

(5)           .2500 Public Swimming Pools.

(6)           .3200 Tattooing.

(7)           .1603, .1606, .1611(a) and (b), .1613 Sanitation of Residential Care Facilities (Family Foster Homes) and .2100 Rules Governing the Sanitation and Safety of Migrant Housing.

(8)           G.S. 87-97 and 15A NCAC 02C .0100 Standards of Construction: Water-Supply Wells.

 

History Note:        Authority G.S. 87-87; 130A-4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999;

Temporary Amendment Eff. March 28, 2006;

Amended Eff. October 1, 2008; August 1, 2006.

 

15A NCAC 01O .0102       ELIGIBILITY FOR DELEGATION OF AUTHORITY

(a)  The applicant for authorization shall successfully complete the centralized training course provided by the Division.

(b)  The applicant shall successfully complete field practice by evaluating sites and establishments with an authorized environmental health specialist to assure that the applicant knows the rules of the Commission for Public Health and the Environmental Management Commission, as applicable, and how to properly enforce them.

(c)  When the supervisor determines that the applicant has progressed sufficiently to work independently, the applicant may request to be evaluated for authorization.  Documentation of the satisfactory completion of all required orientation activities and field practice, including any inspection or evaluation forms completed by the applicant and comments of the supervisor shall be forwarded to the regional specialist.

(d)  If, upon reviewing the file, the regional specialist finds that the applicant needs additional study or field practice, the evaluation for authorization may be postponed until that study or practice has been completed.

(e)  Upon satisfactory completion of the requirements in Paragraphs (a) through (d) of this Rule, the regional specialist shall coordinate the administration of a written test which the applicant must pass by a score of 70 percent or more. The test may be repeated if necessary.

(f)  An applicant requesting authorization for 15A NCAC 18A .3100 Lead Poisoning Prevention in Children Program shall take and successfully complete the North Carolina State of Practice course entitled "Lead Investigation and Abatement" and shall pass the written test provided by that course.  An applicant requesting authorization for only 15A NCAC 18A Lead Poisoning Prevention in Children Program shall not be required to take the exam required in Paragraph (e) of this Rule.

(g)  An applicant requesting authorization for 15A NCAC 02C .0100 to enforce the private well construction rules of the Environmental Management Commission shall take and successfully complete the North Carolina State of Practice course entitled Basic Private Wells Authorization Training: Groundwater Protection and Public Health or the Private Well portion of Centralized Intern Training, including any written test(s) associated with the course he or she takes.  An applicant requesting authorization for 15A NCAC 02C .0100 Standards of Construction: Water-Supply Wells who has more than 18 months of experience in a well  inspection program approved by the Department shall be required to take only the exam required in Paragraph (e) of this Rule.

(h)  After the applicant has successfully completed the written test, the regional specialist shall conduct a field evaluation of the applicant's knowledge, skills, and ability to enforce the provisions of G.S. 130A and the rules of the Commission.  Following the field evaluation, the regional specialist shall make a recommendation to the Director of the Division of Environmental Health regarding issuance or denial of authorization.

 

History Note:        Authority G.S. 87-87; 130A-4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999;

Amended Eff. October 1, 2008.

 

15A NCAC 01O .0103       DELEGATION OF AUTHORITY

Upon determination that the criteria in Rules .0101 and .0102 of this Section have been met and none of the reasons for denial listed in Rule .0107 of this Section exist, and upon a review of the recommendation of the regional specialist, the Director, Division of Environmental Health, shall issue or deny authorization.  An Identification Card shall be issued by the Division to each person authorized to enforce provisions of G.S. 130A and the rules of the Commission for Public Health and G.S. 87-87, G.S. 87-97 and the rules of the Environmental Management Commission.  The card shall be carried by the agent at all times when on duty.  The card is the property of the Division and shall be returned to the Division upon separation of employment, suspension, or revocation of authorization or failure to maintain registration with the N.C. Board of Sanitarian Examiners.

 

History Note:        Authority G.S. 130A-4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999;

Amended Eff. October 1, 2008.

 

15A NCAC 01O .0104       LAPSED DELEGATIONS

When one or more areas of authorization has lapsed, an applicant for reauthorization shall comply with the following:

(1)           An individual whose authorization in an area of authorization has lapsed for a period of up to three years shall complete training, which may also include portions of the centralized training course, as determined by the regional specialist after a field evaluation of the applicant’s knowledge, skills, and ability to enforce the rules.

(2)           An individual whose authorization in an area of authorization has lapsed for a period of three years to five years shall meet all of the requirements which apply to new applicants, except that the individual shall be required to attend only the portions of the centralized training course which are directly applicable to the area of authorization requested.

(3)           An individual whose authorization in an area of authorization has lapsed for a period longer than five years shall meet all requirements which apply to new applicants.

 

History Note:        Authority G.S. 130A-4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999.

 

15A NCAC 01O .0105       AGENTS SERVING AS CONTRACTORS

(a)  An agent who is authorized in a specific local health department may contract with another local health department to provide services to the other local health department.  The North Carolina Alliance of Public Health Agencies may also provide authorized agents who may perform contract services for any local health department.  When a local health department contracts for such services, the contracting department shall provide a statement to the Division on progress made to employ an individual who may be considered for authorization.

(b)  A contract shall be created between the contracting local health department and the agent (contractor) or with the North Carolina Alliance of Public Health Agencies to include at least the following provisions:

(1)           Names and addresses of each party.

(2)           Scope of work to be performed.

(3)           A requirement that the original public records remain in the local health department in which the work is performed.  The public records shall be left at the local health department or with an individual employed by the local health department who shall be responsible for returning said records to the local health department within two business days of the service provided.

(4)           Designation of the party responsible for maintaining public records created by the agent.

(5)           A requirement that the contracting agent be available for consultation to the public being served during usual business hours.

(6)           A requirement that the contracting agent be available for any hearing or other legal proceeding which may ensue from activities conducted by the agent.

(c)  The contracting agent shall maintain a list of each activity and the date performed for review in accordance with Paragraph (d) of this Rule.

(d)  Each public record created by the contracting agent shall be reviewed, dated, and initialed by an authorized agent of the contracting local health department.  In addition, at least 10 percent of the activities performed by the agent shall be reviewed in the field by an authorized agent employed by the contracting local health department.  If the contracting local health department has no authorized agent, the Division shall conduct a review of each public record created by the contracting agent.  In addition, at least 10 percent of the activities performed by the agent shall be reviewed on-site in the field by the Division.  The review shall be conducted each month and shall cover the previous month's activities conducted by the agent.

 

History Note:        Authority G.S. 130A‑4;

Temporary Adoption Eff March 1, 1998;

Eff. April 1, 1999;

Temporary Amendment Eff. March 28, 2006;

Amended Eff. August 1, 2006.

 

15A NCAC 01O .0106       EVALUATION

The regional specialist may, at any time, evaluate the performance of an authorized agent.

 

History Note:        Authority G.S. 130A‑4

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999.

 

15A NCAC 01O .0107       DENIAL, SUSPENSION AND REVOCATION

(a)  The Director, Division of Environmental Health, may deny, suspend, or revoke the authorization to act as an agent of the State for any of the following:

(1)           failure to satisfy the requirements for authorization in Rules .0101, .0102 .0103, .0105 and .0106 of this Section;

(2)           fraud, deceit, dishonesty, or perjury in obtaining authorization or in performing authorized duties;

(3)           drug or alcohol induced intoxication on duty;

(4)           incompetency or unprofessionalism in performing authorized duties;

(5)           neglect of duty; or

(6)           failure to properly interpret and enforce laws, rules, and policies.

(b)  The Director, Division of Environmental Health may place an individual on conditional status for a period not to exceed six months if the individual’s failure to properly enforce laws, rules and policies may be corrected with additional education and oversight.  The Director may suspend or revoke the authorization anytime during the  conditional period if satisfactory progress is not made and the Director shall suspend or revoke the authorization after the conditional period if the individual does not demonstrate the necessary knowledge, skills and ability to warrant an unconditional authorization.

 

History Note:        Authority G.S. 130A‑4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999.

 

15A NCAC 01O .0108       RE-AUTHORIZATION

If an individual’s authorization has been suspended, the authorization shall be reinstated upon determination by the Division that the reasons for suspension no longer exist.  If an agent’s authorization has been revoked for failure to comply with the requirements found in Rule .0107(a)(2) of this Section, the agent may not apply for reinstatement until five years after the revocation becomes effective.  If an individual’s authorization has been revoked for reasons other than those found in Rule .0107(a)(2) of this Section, the agent may reapply for authorization after six months from the date the revocation becomes effective by satisfying the requirements of Rules .0101 .0102 and .0103 of this Section.  The Division may refuse to re-authorize an individual if the Division determines that the actions which were the basis for the revocation or suspension are likely to reoccur.

 

History Note:        Authority G.S. 130A‑4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999.

 

15A NCAC 01O .0109       APPEALS PROCEDURES

Appeals concerning denials, suspensions and revocations of authorization under these Rules shall be made in accordance with G.S. 150B.  An individual whose authorization has been suspended or revoked and who timely requests an appeal may continue to work as an authorized agent until a final agency decision is made pursuant to G.S. 150B-36; however, all inspection forms and permits completed by the agent during that period must be countersigned by another authorized agent who concurs with the findings and conclusions reflected on the inspection forms and permits.

 

History Note:        Authority G.S. 130A‑4;

Temporary Adoption Eff. March 1, 1998;

Eff. April 1, 1999.

 

 

 

SUBCHAPTER 1P - GRANTS TO COMMERCIAL FISHERMEN FOR HURRICANE DAMAGE

 

SECTION .0100 - GRANTS TO COMMERCIAL FISHERMEN FOR HURRICANE DAMAGE

 

15A NCAC 01P .0101        GENERAL

 

History Note:        Authority S.L. 1999, c. 463(Extra Session);

Temporary Adoption Effective July 1, 2000; February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

15A NCAC 01P .0102        DEFINITIONS

 

History Note:        Authority 1999 S.L. Extra Session 1999, c. 463;

Temporary Adoption Effective February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

15A NCAC 01P .0103        APPLICATION AND ELIGIBILITY REVIEW PROCESS

 

History Note:        Authority S.L. 1999, c. 463(Extra Session);

Temporary Adoption Eff. August 1, 2000; July 1, 2000; February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

15A NCAC 01P .0104        ELIGIBILITY NOTIFICATION - DISPUTE PROCESS

 

History Note:        Authority S.L. 1999, c. 463(Extra Session);

Temporary Adoption Eff. July 1, 2000; February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

15A NCAC 01P .0105        APPEAL PROCESS

 

History Note:        Authority S.L. 1999, c. 463(Extra Session);

Temporary Adoption Effective July 1, 2000; February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

 

 

SUBCHAPTER 01Q – JUNKYARDS AND OTHER HIGH-RISK SOLID WASTE SITES

 

SECTION .0100 - EVALUATION OF HIGH-RISK JUNKYARDS AND OTHER HIGH-RISK

SOLID WASTE SITES

 

15A NCAC 01Q .0101       REMEDIATION OF HIGH-RISK JUNKYARDS AND SOLID WASTE SITES

 

History Note:        Authority G.S.: 113A-4; 113A-6; 113A-11; 143B-10; S.L. Ex. Session 1999-463, Part IV, c.463, s. 4;

Temporary Adoption Eff. February 4, 2000 to expire on January 1, 2003;

Temporary Adoption expired January 1, 2003.

 

 

SUBCHAPTER 01r - NORTH CAROLINA AQUARIUMS

 

SECTION .0100 – FEES

 

15a ncac 01r .0101       FEE SCHEDULE

 

History Note:        Authority G.S. 143B-289.41(b); 143B-289.44;

Eff. March 1, 2004;

Amended Eff. January 1, 2006;

Transferred and recodified to 15A NCAC 28 .0302 Eff. August 1, 2007.

 

 

SUBCHAPTER 01S - OFFICE OF ENVIRONMENTAL EDUCATION

 

SECTION .0100 - NORTH CAROLINA ENVIRONMENTAL EDUCATION CERTIFICATION PROGRAM

 

15A NCAC 01S .0101        Fees

For enrollment in the North Carolina Environmental Education Certification Program an applicant shall submit to the Office of Environmental Education an enrollment application, provided by the Office of Environmental Education, accompanied by a fee of fifty dollars ($50.00).

 

History Note:        Authority G.S. 143B-285.21; 143B-285.22; 143B-285.23; 150B-19(5)(d);

Eff. January 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.