15A NCAC 02J .0102        DEFINITIONS

The terms used herein shall be as defined in G.S. 143‑213, G.S. 143‑215.77, and as follows:

(1)           "Commission" means the N.C. Environmental Management Commission;

(2)           "Delegate" means any person to whom the Commission has delegated authority to act in its stead in relation to civil penalties;

(3)           "Director" means the Director, Division of Environmental Management; except with regard to dam safety violations, it shall mean the Director, Division of Energy, Mineral, and Land Resources; and with regard to violations of 40 CFR 61.19, 61.145, 61.146, and 61.147 as adopted at 15A NCAC 2D .0525(a)(1), it shall mean the Director of the Division of Epidemiology; provided that the definitions of 40 CFR 61.02 and 61.141 shall apply to 40 CFR 61.19, 61.145, 61.146, and 61.147;

(4)           "Respondent" means the person against whom a penalty has been assessed;

(5)           "Waste", "Wastes" and "Other wastes" shall include, but shall not be limited to, medical wastes, refuse, litter, bottles, cans, paper, rubbish, garbage, debris and plastic materials; and

(6)           "Into waters of the state", "to the waters of the state", and "to the open waters of the Atlantic Ocean over which the state has jurisdiction" shall include the act of discharging or placing wastes into or onto waters adjacent to waters of the state in such proximity that the wastes are likely to, and subsequently do, enter the waters of the state.


History Note:        Filed as a Temporary Amendment Eff. September 9, 1988 for a Period of

180 Days to Expire on March 8, 1989;

Statutory Authority G.S. 143‑212(6); 143‑213(18); 143‑214.2; 143‑215.3(a)(1);

Eff. February 1, 1976;

Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f)); January 1, 1991; March 1, 1989.