15A NCAC 02H .0142       USE/WASTEWATER TRTMT WORKS EMGCY MAIN: OPER/REPAIR FUND

(a)  In cases in which water quality standards are violated or an environmental health threat exists, monies from the Wastewater Treatment Works Emergency Maintenance, Operation and Repair Fund may be used at the discretion of the Director to correct the cause of such conditions.

(b)  In this, the Director shall:

(1)        Ensure the fiscal integrity of the fund;

(2)        Use the fund only as a measure of last resort to protect water quality or public health when all other compliance and enforcement procedures have failed;

(3)        Limit the use of the fund to wastewater treatment works with design flow capacities of less than or equal to one hundred thousand gallons per day (100,000 GPD);

(4)        Notify the permittee by certified mail of the intention to take emergency corrective action and to recoup monies spent;

(5)        Make every effort to recoup fund expenditures, including collection costs, from the parties responsible;

(6)        Coordinate use of the fund with the program of the Public Utilities Commission when a permittee is also a regulated utility; and

(7)        Provide a quarterly accounting of the fund to the Commission.

 

History Note:        Authority G.S. 143‑215.3(a); 143‑215.3B(c); 143‑215.3B(e);

Eff. August 1, 1988.