SUBCHAPTER 18B ‑ MOSQUITO CONTROL

 

 

SECTION .0100 ‑ STATE AID FOR MOSQUITO CONTROL

 

Rules .0101 ‑ .0108 of Title 15A Subchapter 18B of the North Carolina Administrative Code (T15A.18B .0101 ‑ .0108); has been transferred and recodified from Rules .0202 ‑ .0207 Title 10 Subchapter 10C of the North Carolina Administrative Code (T10.10C .0202 ‑ .0207).  Rules .0107 ‑ .0108 of Title 15A Subchapter 18B of the North Carolina Administrative Code (T15A.18B .0107 ‑ .0108); has been transferred and recodified from Rules .0209 ‑ .0210 Title 10 Subchapter 10C of the North Carolina Administrative Code (T10.10C .0209 ‑ .0210), effective April 4, 1990.

 

 

15A NCAC 18B .0101       PROGRAM APPLICATION FORMS

(a)  Before aid is given in the form of cash, the mosquito control districts or other local governmental units shall submit program application forms to the Department.  These forms shall be used for surveillance, water management, chemical control, biological control, and community education programs.

(b)  Program application forms shall include at least the following:

(1)           Need statement describing mosquito problem to be abated;

(2)           Work plan describing procedures for meeting needs;

(3)           Annual budget itemizing salaries (by position) and other general operating expenses, including budgeted cost for contracted services.  A separate itemized budget shall be submitted for all water management activities.  Categories of budgeted costs eligible for reimbursement shall be provided by the Department;

(4)           Budgets shall include proposed equipment usage on an hourly basis within the limits provided by an equipment depreciation credit schedule which is authorized by the Department;

(5)           The signature of authorized officials;

(6)           When the applicant proposes to use approved insecticides or other approved materials requiring dispersal under the supervision of licensed personnel, then the licensed public operator is to be designated, including name and pesticide applicator registration number.

(c)  The program application forms are available at the office of the Public Health Pest Management Section.

(d)  Applications for state aid must be received in sufficient time to allow processing of applications and agreements prior to July 1 of the proposed funding year.  Application due dates will be established annually by the Department, and will be communicated to interested local government units.  Following the receipt of the applications, funds will be allocated, based on the applications received, on a matching and pro‑rata basis as provided by these Rules.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; January 1, 1986; July 1, 1982; January 1, 1980.

 

 

15A NCAC 18B .0102       ALLOWABLE CREDITS

(a)  In computing the monetary value of local funds and facilities provided by the applicant, in order to determine the amount of state aid that can be given on a matching basis, credit will be allowed for labor, materials, and general operating expenses.  Depreciation credit will be allowed on equipment that has been approved for use in the program by the Department.

(b)  The schedule for allowable equipment depreciation credits will be established by the Department, by taking into consideration the cost of equipment, its projected life, and its anticipated hourly usage on an annual basis.

(c)  No credit will be allowed for local money spent to repay loans or to pay interest, purchase equipment or real estate, nor for overhead expenses such as office and storage space, rental, etc.

(d)  No credit will be allowed for equipment repair when, in the professional opinion of the representative of the Department, the equipment has become uneconomical to operate as a result of excessive repairs and related costs.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; January 1, 1986; January 1, 1980.

 

 

 

15A NCAC 18B .0103       SPENDING RESTRICTIONS

State funds shall not be spent by local governmental units to purchase equipment, make repayments on loans, pay interest on borrowed money, purchase real estate, rent storage or office space, nor for any purposes other than those directly connected with the application of mosquito control operations.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977.

 

 

 

15A NCAC 18B .0104       AGREEMENTS

(a)  Upon receipt of the program applications, the Department shall:

(1)           determine the allocation to each applicant program;

(2)           convert submitted budget information to contract budget format;

(3)           obtain concurrences and signatures of local and state officials.

(b)  The applicant shall assume the following obligations in any agreement:

(1)           to assume responsibility for claims for damage resulting from the operation of the program as is necessary to absolve the state or any of its departments or agencies from any liabilities whatsoever from such claims;

(2)           to conduct mosquito control activities in accordance with a work plan approved by the Department which describes the work and resources needed to meet program needs.  The work plan will include a description of all individual water management projects.  When the applicant for state aid is a county health department or environmental health department, the work plan will become an addendum to the consolidated contract;

(3)           to use funds provided by the Department, as well as those funds provided by the applicant, exclusively for mosquito control (as shown on the program application) in accordance with this Section and the approved plan;

(4)           to perform all mosquito control under the direction of a competent supervisor who shall be approved by the Department;

(5)           to submit reports within 30 days after the end of each quarter showing work performed during this quarter, expenditures made, facilities utilized and materials expended.  Copies of these report forms are available from the Public Health Pest Management Section;

(6)           to submit an accounting of expenditures quarterly on forms supplied by the Department.  Such accounting shall include an itemized account of expenditures of both local and state funds, as well as an itemized account of other assets and facilities that have been utilized to carry out the mosquito control program.  Such other supporting documents as may be required by the Department shall be included.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 1, 1990; January 1, 1986; July 1, 1982.

 

 

 

15A NCAC 18B .0105       AUTHORIZED OFFICIALS

(a)  If the application for state aid is made by a county health department, the application shall be signed by the local health director and the program shall be operated under his or her direction or under a person designated by him or her.  If the application is by an environmental health department, the application shall be signed by the Director of the Department and operated under his or her direction or under a person designated by him or her.  If the application for state aid is made by the Board of County Commissioners, the program shall be operated under the direction of departmental persons designated by the Board.

(b)  If the application for state aid is made by a city, town, or sanitary district, the application shall be signed by the local county health director and the program shall be operated under the direction of a person designated by the town, city, or sanitary district.  If an application for state aid is made by a mosquito control district, the application shall be signed by the director of the mosquito control district and operated under his direction.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; January 1, 1986; October 1, 1984; July 1, 1982.

 

 

 

15A NCAC 18B .0106       ALLOCATION OF FUNDS FOR MOSQUITO CONTROL ACTIVITIES

(a)  Funds for mosquito control activities shall be allocated in accordance with the provisions of this Rule.

(1)           Surveillance is the monitoring of adult and immature mosquitoes, their predators and pathogens, and environmental factors associated with them.

(2)           Control measures eligible for state financial aid include surveillance, water management, chemical control, biological control, and community education.

(b)  Ten percent of all state funds in mosquito control activities may be held in reserve for the first half of the fiscal year for possible use on an emergency basis, or as a contingency fund to be used for special investigations or reports, laboratory services, and other needed services associated with operational programs.

(c)  If sufficient state funds are available, the amount provided by local appropriations and other allowable credits for mosquito surveillance and control activities shall be matched on a one‑to‑one basis.

(d)  If sufficient state aid is unavailable for matching on a one‑to‑one basis, state aid is to be allocated as follows:

(1)           Of the state funds available for water management activities, the first thirty thousand dollars ($30,000) of local appropriations and allowable credits for proposed water management activities shall be matched on a one‑to‑one basis;

(2)           If sufficient state funds for water management activities are not available to match the first thirty thousand dollars ($30,000), then the first twenty thousand dollars ($20,000) shall be matched on a one‑to‑one basis;

(3)           If sufficient state funds for water management activities are not available to match the first thirty thousand dollars ($30,000) or twenty thousand dollars ($20,000), then the first ten thousand dollars ($10,000) shall be matched on a one‑to‑one basis;

(4)           Of the state funds available for surveillance, chemical control, biological control and community education activities, the first five thousand dollars ($5,000) of local appropriations and allowable credits for such proposed activities shall be matched on a one‑to‑one basis; and

(5)           Any remaining state aid shall be allocated on a pro‑rata basis as provided in Paragraph (e) of this Rule.

(e)  Remaining portions will be determined by allocations on a pro‑rata basis by dividing the total remaining state aid available [after satisfying the first thirty thousand dollars ($30,000), twenty thousand dollars ($20,000), or ten thousand dollars ($10,000), matching requirement for water management activities per program and the first five thousand dollars ($5,000) matching requirement for all other activities per program] by the total remaining local appropriations and allowable credits (above that matched on a one‑to‑one basis) proposed by local programs.

(f)  Simple pro‑rata distribution of funds shall be used when sufficient funds are unavailable for the allocation procedures provided in this Rule.

(g)  Allocation computations shall include projected and budgeted monetary amounts for equipment credits.

(h)  Cumulative totals for sub‑contract work for approved water management activities shall not exceed 10 percent of the total of all funds designated for one‑to‑one matching.  When the cumulative total requested allocations exceed this amount, needs data and work plans shall be reviewed to determine which contract programs will receive priority.

(i)  In addition to the criteria contained in Rule .0108 of this Section, the following guides shall be applied in determining whether work performed on water management projects is entitled to reimbursement: No state funds shall be paid on a matching basis for water management unless the work has been performed in accordance with the directions of a representative of the Department.  Payment shall not be made for work performed during any month unless performed in accordance with an approved work plan and until a report has been received from the local governmental unit with supporting documents required by the Department, showing work performed, expenditures made, and facilities utilized, except that an advance payment as determined by the Department, may be made pending the availability of local and state funds that have been appropriated.  The amount of such advance payments shall be deducted from subsequent state funds that are due on a matching basis later in the fiscal year.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; January 1, 1986; July 1, 1982; January 1, 1980.

 

15A NCAC 18B .0107       AUTHORIZED CHANGES IN ALLOCATION RULES

(a)  If at the end of the second quarter of the fiscal year it is determined by the Department, that state funds allocated to any program will not be spent and matched by local expenditures, or other creditable assets by the end of the fiscal year, the funds may be re‑allocated to other local programs on the basis of surveillance results and local participation.

(b)  Other state funds that become available for allocation to local programs from any sources, after the end of the second quarter of the fiscal year, may be allocated to local programs on the basis of surveillance results and local participation.

(c)  If any state aid allocated to a local program has not been claimed by the local program by June 15 of the fiscal year, the Department may automatically remove the funds from the local program's budget.

 

History Note:        Authority G.S. 130A‑347;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 1, 1990; July 1, 1982; January 1, 1980.

 

 

 

15A NCAC 18B .0108       CRITERIA FOR APPROVAL AND DISAPPROVAL

(a)  The following criteria will be considered in determining whether state financial aid for chemical control, biological control and community education activities is appropriate:

(1)           surveillance and other needs data showing mosquito problems;

(2)           work plan;

(3)           approved local budget;

(4)           affected population;

(5)           proper storage and use of state and United States Environmental Protection Agency approved pesticides or other chemicals or biological materials in a manner not inconsistent with their respective label requirements;

(6)           dispersal of pesticides under accepted standards of supervision of properly licensed personnel;

(7)           permits, if necessary, from federal, state, and local governments.

(b)  The following criteria will be considered in determining whether state financial assistance for water management activities is appropriate:

(1)           surveillance and other needs data showing mosquito problems;

(2)           work plan;

(3)           approved local budget;

(4)           affected population;

(5)           permits, if necessary, from federal, state, and local governments;

(6)           easements obtained or being obtained from all property owners having property on which water management work is occurring;

(7)           use of approved equipment.

 

History Note:        Authority G.S. 130A‑347;

Eff. January 1, 1980;

Amended Eff. January 1, 1986; July 1, 1982.

 

 

 

SECTION .0200 ‑ SANITATION OF BEDDING (transferred to 02 NCAC 61 .0101-.0112)

 

15A NCAC 18B .0201 was transferred and recodified from 10 NCAC 10C .0312, 15A NCAC 18B .0202-.0204 were transferred and recodified from 10 NCAC 10C .0314-.0316, 15A NCAC 18B .0205-.0211 were transferred and recodified from 10 NCAC 10C .0318-.0324, 15A NCAC 18B .0212 was transferred and recodified from 10 NCAC 10C .0326, transfers and recodifications effective April 4, 1990.

 

15A NCAC 18B .0201       DEFINITIONS (transferred to 02 ncac 61 .0101)

 

15A NCAC 18B .0202       AUTHORIZED SANITIZING PROCESSES (transferred to 02 NCAC 61 .0102)

 

15A NCAC 18B .0203       OTHER METHODS OF SANITIZING (Transferred to 02 ncac 61 .0103)

 

15A NCAC 18B .0204       DISPOSAL OF UNCLEAN BEDDING (transferred to 02 ncac 61 .0104)

 

15A NCAC 18B .0205       STORAGE OF SECONDHAND OR PREVIOUSLY‑USED MATERIALS (transferred to 02 ncac 61 .0105)

 

15A NCAC 18B .0206       NON‑TRANSFERABLE REGISTRATION (transferred to 02 ncac 61 .0106)

 

15A NCAC 18B .0207       TRANSFER OF MANUFACTURERS' AND SANITIZERS' LICENSES (transferred to 02 NCAC 61 .0107)

 

15A NCAC 18B .0208       LICENSE FEES AND APPLICATIONS (transferred to 02 ncac 61 .0108)

 

15A NCAC 18B .0209       CANCELLATION OF LICENSES (transferred to 02 ncac 61 .0109)

 

15A NCAC 18B .0210       DURABLE MATERIALS FOR TAGS (Transferred to 02 NCAC 61 .0110)

 

15A NCAC 18B .0211       EFFECTIVE DATE OF LICENSES (Transferred to 02 NCAC 61 .0111)

 

15A NCAC 18B .0212       SEVERABILITY (Transferred to 02 NCAC 61 .0112)

 

SECTION .0300 ‑ CONTROL OF IMPOUNDED WATER

 

Rules .0301 ‑ .0309 of Title 15A Subchapter 18B of the North Carolina Administrative Code (T15A.18B .0301 ‑ .0309); has been transferred and recodified from Rules .0401 ‑ .0409 Title 10 Subchapter 10C of the North Carolina Administrative Code (T10.10C .0401 ‑ .0409), effective April 4, 1990.

 

 

15A NCAC 18B .0301       DEFINITIONS

For the purpose of this Section certain words and terms used herein are defined as follows:

(1)           The term "impounded water" means any body of water formed by the construction or excavation of a basin or the obstruction of stream flow in such a manner as to cause the collection of a body of water which would not have formed under natural conditions.  Such impounded water of less than one hundred acres of water surface is not included in this definition.

(2)           The word "person" means any individual, firm, corporation, or governmental agency owning or otherwise directly responsible for the impounded area or area to be impounded; or the agent, representative or lessee of such individual, firm, corporation, or governmental agency.

(3)           The term "disease‑producing mosquitoes" means any species of mosquito proven to be a vector.

(4)           The word "flotage" means any collection of small material on the surface of impounded water, such as leaves, chips, bark, small twigs, grasses, and the like, which may provide breeding conditions favorable to disease‑producing mosquitoes.

(5)           The word "drift" means any large material on the surface of impounded water, such as logs, brush, and the like which may collect and hold flotage or otherwise produce conditions favorable to the production of disease‑producing mosquitoes.

(6)           The term "control measures" means any measures approved by the Commission for Public Health which are used in the prevention or control of vector‑borne disease.  These measures include fluctuation of the water level, removal of flotage, removal of drift, removal of aquatic or other growth, application of larvicides, screening, or any other measures effective in the control of vector‑borne disease.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. June 15, 1979.

 

 

 

15A NCAC 18B .0302       APPLICATION

Any person proposing to impound water, raise the level of existing impounded water, or reimpound water in areas where previous impoundage has been discontinued for three or more months, shall, prior to the institution of any construction or reimpoundment activities, make written application to the Division and receive therefrom a written permit for impoundage construction or reimpoundment.  Such application shall be made on the approved form furnished by the Division at its principal office and in the name of the person making application, and shall include at least:  a description of the proposed project, its purpose, its exact location, an accurate plat of the area to be affected, showing particularly the maximum and minimum water levels of the proposed impounded water, and other information required by the Division.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18B .0303       ISSUANCE OF CONSTRUCTION PERMIT

A permit shall be issued by the Division when the following requirements are met:

(1)           The person responsible for construction shall carry out such measures as may be prescribed by the Division for preventing the introduction of vector‑borne disease through infected employees coming from without the reservoir area or its environs.

(2)           In the area to be occupied by the impounded water, all brush, trees, undergrowth, logs, stumps, and other objects, which if not removed would float or collect flotage on the surface of the impounded water; and all of the above material that is lying on the ground or remaining in the original or new position, which would probably cause collection of flotage, and thus constitute conditions favorable to the production of disease‑producing mosquitoes, shall be removed, burned or otherwise satisfactorily disposed of, prior to the impounding of the water.

(3)           In the area to be occupied by the impounded water all trees and other growth which would pierce the surface at minimum low water level shall be cut off at least one foot below such water level, to prevent the collection of drift or flotage.

(4)           The shoreline of the impounded water, from minimum low water level to a line ten feet horizontally outward from normal high water level, shall be cleared of all brush, trees, undergrowth and any material which may cause the collection of drift or flotage.

(5)           Any area which will be covered by impounded water at the time of maximum water level and in which water will be retained at lower stages of the impounded water, thus forming a separate pool, shall be connected with the main body of the impounded water by a ditch or culvert which will permit effective drainage or access by boat.

(6)           In the designing and construction of the impoundage project, flashboards or other means shall be provided for controlled fluctuation of the water level at any season of the year in the manner and amount as specified by the Division.

(7)           In the designing and construction of the impoundage project, bottom drains, or other means, shall be provided which will permit removal of the impounded water.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 15, 1979.

 

 

 

15A NCAC 18B .0304       INSPECTIONS

The Division shall make inspections of the impoundage project from time to time and shall approve such portions of the work required under Rule .0303 of this Section which have been satisfactorily completed.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18B .0305       IMPOUNDING PERMIT

Any person holding a permit for construction, prior to the actual impounding of water, shall give written notice to the Division and certify that all requirements for said construction have been fully performed.  The Division shall then issue a permit for the impounding and maintenance of impounded water if it finds that such construction has been completed in accordance with plans approved by the Division, provided that any filling of the reservoir shall not occur during the mosquito‑breeding season, April to September, inclusive, unless otherwise authorized in writing by the Division.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 15, 1979.

 

 

 

15A NCAC 18B .0306       REPORTS

The person responsible for the maintenance of impounded water shall from time to time furnish the Division with reports of operation, maintenance, or condition of the impounded water, as may be specified by the Division.  Such records as contain the information required shall be open to inspection by the Division.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.

 

 

 

15A NCAC 18B .0307       INSPECTION OF IMPOUNDED WATERS

The Division shall make such inspections of the impounded water as are deemed advisable; and any conditions found which are, or may be, conducive to the production of disease‑producing mosquitoes, shall be corrected by the person holding the permit for impounding and maintenance of impounded water in whatever manner is found necessary by the Division for the preservation of public health.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 15, 1979.

 

 

 

15A NCAC 18B .0308       CORRECTION MEASURES

Where any owner or lessee of lands shall permit the continuance of any impounded water existing upon said lands at the time these Rules become effective and where it is discovered that disease‑producing mosquitoes are breeding in such impounded water, such owner or lessee shall, within 30 days after the receipt of written notice by any state, county, or municipal health authorities that such conditions exist, take effective measure for the prevention of the breeding of disease‑producing mosquitoes in the impounded water or shall remove the impounded water by drainage or filling.  Such measures shall include the removal of all drift and flotage and vegetation that pierces the water surface, the application of larvicides, the fluctuation of the water level, the reduction in the area of water surface, and the application of any other control measures currently recognized as being effective by the Division.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990; June 30, 1980; June 15, 1979.

 

 

 

15A NCAC 18B .0309       SURVEILLANCE

It shall be the duty of all local health directors to enforce the provisions of this Section.  Authorized representatives of the Department and local health departments shall have authority at all times to enter, for the purpose of inspection, the premises upon which water has been impounded or upon which it is proposed to impound water.  Any person who shall hinder or prevent any authorized representative of the Department or a local health department in the performance of his duty in connection with this Section shall be guilty of a violation thereof.

 

History Note:        Authority G.S. 130A‑348;

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. September 1, 1990.