15A NCAC 18A .3105      LEAD POISONING HAZARD AND CLEARANCE STANDARD FOR SOIL

(a)  Bare soil at a residential housing unit or a child-occupied facility is a lead poisoning hazard when:

(1)           it contains greater than 400 parts per million lead in high contact areas for children; or

(2)           except as specified in Subparagraph (a)(1) of this Rule, it contains 1200 parts per million lead or greater in other locations at a residential housing unit or a child-occupied facility.

(b)  Unless other remediation is determined by the Department to be necessary to protect the public health based on site-specific evidence including soil lead bioavailability, soil lead speciation, soil particle size, land use and condition, or epidemiologic data, all remediation plans pursuant to G.S. 130A-131.9C shall require that bare soil lead concentrations greater than 400 parts per million at a residential housing unit or a child-occupied facility in high contact areas for children or bare soil areas containing 1200 parts per million lead or greater in other locations at a residential housing unit or a child-occupied facility be:

(1)           covered with four to six inches of gravel or mulch that shall be maintained and replaced as often as necessary to ensure there is four to six inches of cover;

(2)           covered with sod or other vegetative cover that shall be maintained and replaced as often as necessary to ensure there is sod or other vegetative cover;

(3)           physically restricted by a permanent barrier;

(4)           removed; or

(5)           paved over with concrete or asphalt.

History Note:        Authority G.S. 130A-131.5; 130A‑131.7;

Eff. October 1, 1990;

Transferred and Recodified from 15A NCAC 19I .0105 Eff. August 28, 1991;

Transferred and Recodified from 15A NCAC 21E .0405 Eff. February 18, 1992;

Amended Eff. August 1, 1996; January 1, 1995;

Temporary Amendment Eff. November 21, 1997;

Amended Eff. April 1, 1999;

Readopted Eff. April 1, 2021.